Parliament Rolls of Medieval England. Originally published by Boydell, Woodbridge, 2005.
This premium content was digitised by double rekeying. All rights reserved.
'Henry VI: October 1435', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/october-1435 [accessed 18 April 2024]
In this section
1435 October
Introduction 1435
Westminster
10 October - 23 December
C 65/93, RP , IV.481-94, SR , II.289-294
C 65/93 is a roll of eight membranes, each approximately 310mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is good, although there is some staining on membrane 8, possibly with gallic acid. The lower halves of membranes 7, 6, 4 and 1 are blank. 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' x o Oct' anno 14 H. 6', where the membranes are joined. Marginal headings on membranes 8 to 3 are contemporary, whilst those for the common petitions on membranes 3 to 1 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 easily detected. The opening business occupies the first membrane (8), with the matter of the custody of Calais (item 7) being contained wholly on the following membrane (7). The following membrane (6) also consists of one item only (item 6, on behalf of William Estfeld and other creditors of the king). The financial grants of the parliament (items 12-14) are all on the next membrane (5), with a new membrane (4) containing three private petitions (items 15 to 17). The common petitions commence on membrane 3.
This parliament, which sat for ten and a half weeks from 10 October to 23 December, took place in the aftermath of two major reversals in English fortunes in France, the death of the duke of Bedford at Rouen on 14 September 1435, and the defection of the Burgundians to Charles VII a week later. Much of the business of the roll is related to the war, not least the need to see to the defence of Calais in anticipation of Burgundian attack. Money was also desperately needed to revive English fortunes in France. In this context the parliament is important for its decision to levy a tax on lands, annuities and offices - an early example of 'income tax'. Given the unusual tax render, as well as the crisis in France, it is not surprising that the parliament should be mentioned in several chronicles. (fn. int1435-1) The fullest account of parliamentary taxation is to be found in the Brut, where there is reference to not only the levy of a standard lay subsidy, 'to mayntene the kynges werres and to deffende [i.e. defend against] oure Enemeys', but also the grant 'of all peple, pore and riche, both of spirituell and temporell, to pay of theire landes and rentes and of all freeheld that they have within this realm of England vi d of the pound, and this treuly to fecche and geddre to help the kinges nedes as at this time'. (fn. int1435-2) As we shall see later, two chronicles link the parliament with the decision, with Bedford dead, to send York to France as lieutenant general. But to understand more fully why it was decided to call a parliament in the first place, we must look back to the position of Anglo-French relations in 1434-5.
Although the English had maintained a strong position in France since Bedford's return in June 1434, there were increasing signs of imminent French ascendancy. Not least, many were making their peace with Charles VII, amongst them the Emperor Sigismund in May 1434 and Duke John V of Brittany a month later. More significantly still, in February 1435 the dukes of Burgundy and Bourbon signed an agreement whereby the former would enter into negotiations with Charles VII and would renounce his English allegiance if the English refused to accept 'reasonable offers' put forward by the French. (fn. int1435-3) It was thus the Burgundians who arranged a tripartite peace congress to be held at Arras from 1 July. By mid May, Charles VII had indicated his willingness to send an embassy, but the English claimed that news of the event did not reach them until 8 May because of the illness of the Burgundian herald who had been charged with bringing the message. (fn. int1435-4) Interestingly, this last matter is referred to in the roll of the parliament of 1435. In his speech at the opening of parliament on 10 October - by which time the congress had broken down and the Burgundians had formally transferred their allegiance to the French - the chancellor noted this delayed message as an example of Burgundian treachery. He added that the conference had been arranged in a manner which ran contrary to the Treaty of Troyes. The latter had stated that any negotiations with the so-called Dauphin could not be entered into without the consent of the king of England and the three estates of his realm. Reference to this last point was included as an obvious move to whip up parliamentary fervour against the duke. It is unclear, however, whether the English were being completely honest in their claims of ignorance of the Burgundian plans or whether they were maintaining a double standard - claiming, as in the 1431 parliament (Parliament of 1431, item 18) to be inclined towards peace yet at the same time being reluctant to come to the conference table. Whatever the case, however, the English did send an impressive embassy to Arras headed by Cardinal Beaufort, moved partly by the knowledge that papal mediators were to be present. Amongst the latter were the two cardinals, Nicolai Albergati, cardinal priest of Santa Croce, and Hugues Lusignan, cardinal of Cyprus, both of whom are named in the chancellor's parliamentary sermon.
It was decided at a meeting of the council held at Westminster on 5 July 1435, which was attended by the chancellor (John Stafford, bishop of Bath and Wells), the archbishop of Canterbury, the bishop of Lincoln, Cardinal Beaufort, the earl of Northumberland and Lord Stafford, that writs should be issued for a parliament to be held on 10 October. On the very same day, the council also agreed to the payment of expenses to John, earl of Huntingdon, William, earl of Suffolk, and Walter, lord Hungerford, as members of the English embassy to Arras. (fn. int1435-5) There seems little doubt that the decision to call a parliament at this point was linked to the anticipation of the peace congress. Whatever the outcome, a parliament would be useful. If peace terms were proposed, then the matter would need to be announced and also formally referred to the three estates in accordance with the treaty of Troyes. If a peaceful outcome was not achieved, then serious thought would have to be given to how to finance the continuation of war.
As Harriss has shown, the plans for financial management which had been developed by Bedford and Cardinal Beaufort after the 1433 parliament had proved only partially successful in meeting costs: payments for Calais, Guyenne and Ireland had fallen into serious arrears. (fn. int1435-6) Moreover, the war in northern France had not gone in favour of the English in the spring and summer of 1435. The garrisons at the mouth of the Somme had been lost, John, earl of Arundel had been killed on the southern frontier, and perhaps worse still, Saint-Denis, just to the north of Paris, had fallen on 1 June. There were also the first signs of armed resistance in the Norman countryside, which were to escalate into outright revolt and the loss of Harfleur and much of the pays de Caux around the turn of the year. The need for funds was made all the greater by the sending of an army under Talbot and Willoughby in mid July, for which loans from the cardinal Beaufort and others were raised. The third quarter of the lay subsidy granted in the parliament of 1433-4 and due for collection in April 1435 had already been assigned to the cardinal to repay earlier loans. The last quarter, due for payment in November 1435, was all that remained and would be needed to help meet recent loans. A new influx of cash was thus desperately needed.
Writs of summons were issued on 5 July to twenty-one of the episcopate, although in five cases (the archbishop of York and the bishops of London, Winchester, Norwich and St David's) the writ was also addressed to their vicar general on the grounds that the lord might himself be absent in distant parts. The bishop of St Asaph is not named. Twenty-five abbots and priors were summoned, the abbot of Reading being omitted on this occasion as in the second summons to the parliament of 1433. The likely need to discuss affairs in France, whatever the outcome of the congress at Arras, no doubt explains why a summons was sent to the duke of Bedford on this occasion, only the third time in the reign his attendance had been anticipated. As it happened, Bedford died before the parliament met. Two other dukes, Gloucester and York, received a summons, as did seven earls, the earl of Huntingdon being summoned for the first time since 1429. Twenty-seven other lay peers were summoned, the list being identical with that of 1433 save for the addition of Henry Bourgchier, count of Eu, who received his first formal summons for this parliament although he had been present in the parliament of 1432 around 3 - 5 November when he and other lords took an oath to the king. The number of seats in the commons remained at 264. The names of 265 possible members are recorded, the surplus being due to contested elections or to the name on the indenture being different from that on the schedule. (fn. int1435-7)
Much happened between the date of summons (5 July) and the date of assembly (10 October). The English embassy had crossed for Arras around 20 July, at the same time as Talbot's army had set sail for France. By the end of August, efforts were being made to recover Saint-Denis, which the English retook on 4 October. In the meantime, Anglo-French negotiations at Arras broke down. The English had remained adamant that no modification should be made to Henry's claim to the French throne. The French had proved equally determined that French sovereignty should be accepted by the English as vassals. By the end of August it was clear that no peace would materialise, and Cardinal Beaufort thus turned his attention, unsuccessfully, to maintaining the Burgundian alliance. (fn. int1435-8) The English delegation finally left Arras on 6 September, knowing that Duke Philip was likely to defect. On 14 September Bedford died at Rouen, and on 21 September the Burgundians publicly announced their agreement with Charles VII, which had been mediated by Cardinal Albergati.
As Harriss notes, one might have expected these circumstances to have fuelled the quarrel between Gloucester and Beaufort; there was every possibility that the latter would be held responsible for failing to prevent Burgundy's defection, and the former would cash in on the inevitable anti-Flemish feeling which arose now that the Burgundians were the enemy rather than allies. But Beaufort's cash was needed to defend English interests, and Gloucester was the natural choice as captain of Calais, which was now vulnerable to Burgundian attack. Thus, the parliament of October 1435 did not display any obvious signs of animosity and seems to have been conducted in a spirit of harmony. Indeed, it might be argued that both men were able to have their way. Gloucester gained an important military command which established a strong offensive position towards Burgundy, yet Beaufort's preference for diplomacy rather than war was also allowed to prevail as efforts were made to renew other continental alliances.
The seriousness of the situation led to the king attending the council in person, perhaps for the first time, at its meeting of 1 October in preparation for the parliament and for discussion over the policy to be adopted towards Burgundy. Significantly, it was at this meeting that Richard Woodville was appointed lieutenant at Calais as it was already thought that the town was likely to be in danger. (fn. int1435-9) Moves had already been made to ensure as full attendance as possible at the parliament. On 28 September royal letters were sent to all of the lords spiritual and to 20 of the lay peers who had received the original writ of summons ordering them to attend in person the parliament due to begin on 10 October, reminding them of the parlous situation which had arisen and of the king's need to the advice and assent of them all; 'as ye knowe wel ther be fallen upon us so grete materes of weght and charge concernyng the wel of us and this oure reame that the providence of the remede for that appeareth of vraie necessite an hol advis and consail of all the estates of our parlement'. (fn. int1435-10) No duke or earl, save for the earl of Westmorland, was sent the letter. Of the remaining lay peers, the letter was sent to Audeley, Latimer, Botreaux, Dacre, Strange, Harington, Morley, Grey of Codnor, Grey of Ruthin, Lovel, Fanhope, Ferrers, Fitzhugh, Zouche, Berkeley, Welles, Greystoke, Poynings and de la Warre. Those who received only the initial summons were thus Beaumont, Bourgchier, Cromwell, Fauconberg, Scrope, Talbot and Tiptoft. The list of names to whom the letter should be sent, which is attached to the order, contains many annotations and has some names bracketed together, but it is difficult to interpret their meaning (see Parliament of 1435, Appendix item 9).
As ever, it is difficult to know how many lords and members actually turned up but an order issued to London fishmongers on 25 October (Parliament of 1435, Appendix, item 2) may imply that numbers of all estates at the parliament were reasonably high. Some lords who had been involved in negotiations at Arras were certainly present, including the earl of Huntingdon, who was appointed a trier of petitions, and Walter, lord Hungerford. The earl of Suffolk is likely to have been present at least towards the end of the assembly: an enrolment on the patent rolls notes that he made an excusation in the parliament concerning war service, although this is not referred to in any way in the roll. A similar situation surrounds the earl of Salisbury and his brother, William, lord Fauconberg, who are known from other documents to have been present on 9 December. Helpfully, we are provided in the roll (item 10) with a list of those peers present on 29 October when the terms of Gloucester's captaincy of Calais were agreed. This names nine of the episcopate, two abbots, four earls and nine other lay lords, in other words 24 out of the 80 summoned. The lists of triers of petitions add a further seven lords spiritual and three lay peers. (fn. int1435-11) As we shall see, it is likely that the lords dealt with other business concerning the war during the parliament which was not subsequently included on the roll. As on many earlier and later occasions, council sessions also took place during the sitting. (fn. int1435-12)
The main issue of Burgundian defection was brought to mind as soon as the parliament began its session. In his opening sermon on 10 October, the chancellor, John Stafford, bishop of Bath and Wells, cleverly linked his chosen Biblical text to the fact that the 'bond of peace', namely the treaty of Troyes, had been undermined by Burgundian treachery. Mention was made of the lack of consultation of the English in the setting up of the conference at Arras. But even in the face of this, the English had been prepared to negotiate, and to make reasonable offers 'for the good of peace'. The French, 'zealous for war rather than for peace', had refused all such overtures, and the conference had broken down. Subsequently, however, Burgundy had come to an agreement with the French. The end of the chancellor's speech made it appear as though there was a choice to be faced - either to accept the demeaning French offers or to be prepared to defend English interests by force of arms. But this was a contrived choice, phrased in such a way as to show that the English had right on their side: in no way could the French title be renounced.
Three days later, on Thursday 13 October, the commons presented their speaker, John Bowes. (There is no separate record of his election on the roll.) Bowes was a lawyer from Nottinghamshire who had twice sat as an MP and also been royal escheator in Nottinghamshire and Derbyshire. He had some links with lords Roos and Cromwell, and perhaps indirectly with Gloucester. His near friend and neighbour was Sir Thomas Rempston, who had been Bedford's chamberlain and was to become Gloucester's lieutenant at Calais. Interestingly, in the parliament (item 16), Rempston successfully presented a petition concerning payment of his ransom. Bowes is also considered to be the first speaker to have received a personal reward, of £13 13s 4d a week, before the end of the session explicitly for his services as speaker. (fn. int1435-13)
The roll reveals little of any discussion which might have taken place, but it makes quite clear that the English intended to endeavour to preserve their interests in France. But more was needed sooner if English continental interests were to be maintained. A threat to Calais seemed particularly imminent, and had prompted the appointment of Gloucester as captain of the town and marches. The copy of his indenture was read before the lords on 29 October, with details of the number of troops to be held in each of the fortresses in the march. The length of appointment - twelve years - generated some debate in the lords. A decision was finally reached to reduce it to 9 years. Even so, the financial terms were generous. Moreover, given that the command had previously been held by Bedford, its transfer to Gloucester acknowledged the latter's new-found prominence. The appointment was no doubt also intended to show Burgundy that the English meant business. (fn. int1435-14) Expenditure on Calais rose considerably over the next eight months, with special efforts being made to ensure regular payment of soldiers' wages. (fn. int1435-15) The parliament roll also reveals how keen the government was to keep on good terms with the staplers of Calais. In the parliament of 1433 (item 64), the mayor and merchants of the staple had only been partially successful in their petition that goods shipped other than to the staple should be seized and forfeited. On this occasion, their demands, made in a common petition, were allowed (item 22). In addition, a common petition for the maintenance of the ordinance of partition of bullion was agreed, again confirming that all wool should be shipped to Calais and that licences to allow its shipment elsewhere should not be permitted (item 19). As it happened, the expected Burgundian attack on Calais did not materialise until June 1436 and then turned out to be short-lived.
In the meantime, however, the situation in Normandy and northern France was worsening. On 28 October the French took Dieppe. A rising in Upper Normandy ensued, leading to the loss of Harfleur on 25 November and other major places by the turn of the year. (fn. int1435-16) The Channel was once again rendered insecure. Some of the issues concerning the keeping of the sea are, not surprisingly, revealed in the parliament. Item 17, a petition by William Morfote, a mariner of Winchelsea, asked for remission from past offences now that he was at sea at his own expense 'to withstand and defeat the king's enemies'. In May 1430, Morfote had been accused of capturing at sea wine belonging to merchants of Picardy who were at that date, of course, still lieges of the king of England. (fn. int1435-17) Picardy lay within the control of the duke of Burgundy. Thus after the duke's defection, Morfote could be exonerated. Morfote was in effect a privateer, but it was on such men that the defence of the Channel rested, given that there was no royal navy. This maritime lobby need to be treated with consideration now that the enemy controlled much of the coast of northern France, and the Bretons continued to cause harrassment at sea. This is further revealed in several common petitions. It was accepted, for instance, that ships should not be forfeited if anyone met his death by falling from them, for such a practice reduced the willingness of merchants and others to serve the king at sea (item 26). Likewise, the commons successfully petitioned for the right of prise for those who had captured goods at sea from aliens who were ostensibly in the English alliance but who were using ships of the enemy Spanish. The argument was again that this right would be to the benefit of the navy, whereas past practice had fortified the navy of the enemy (item 24). Finally, the commons achieved a suspension for seven years of the statute of 1414 concerning the breaking of truces and safe-conducts, which had imposed heavy penalties on Englishmen who had attacked ships at sea (item 28). Requests for this statute to be modified or dispensed with had been made in previous years but had not met with governmental approval. Now that the Channel was vulnerable, and England itself in danger of raids, the government was persuaded that the statute could serve to discourage merchants and shipowners from assisting in naval defence.
The English position had been weakened not only by territorial losses but also by the death of Bedford. Not only was a military response necessary but also some decision on who should replace the late regent. In late November and early December an army of 270 men-at-arms and 1,500 archers, led by Richard Wastness esquire, Sir Henry Norbury and Sir Thomas Beaumont was contracted for two years service in France, an exceptionally long period of anticipated mobilisation. Most of this army crossed in late December. It seems that a decision to send an army under the duke of York was made in parliament on 9 December. The roll makes no mention of this, but it is noted in a later document concerning the service of the earl of Salisbury and his brother, William, lord Fauconberg, which states that they were asked in the parliament on 9 December to serve in France (Parliament of 1435, Appendix, item 4). It was probably on or around the same day that the earl of Suffolk also agreed to serve, but again the roll makes no mention of this, nor of an excusation which a patent letter of 20 March 1436 claims that he made in the parliament of 1435 (Parliament of 1435, Appendix, item 5). Based on the evidence of orders to impress shipping, it also seems to have been decided by mid December - perhaps again possibly as a result of discussion at the parliament - to send Edmund Beaufort, earl of Dorset to France for two years service with 2,000 men, although his indenture was not sealed until mid January. (fn. int1435-18)
It is reasonable to suppose, therefore, that there was discussion of war strategy in the parliament of 1435. This may have been confined largely to the lords: the nature of the documents concerning the Neville brothers and the earl of Suffolk implies this was the case. Indeed there is also a reference in the privy council records implying that the king may have spoken in person at some point in the parliament to encourage the lords to give military aid, specifically for the aid of Calais (Parliament of 1435, Appendix, item 1). But the question of whether it was the parliament that the decision to appoint York as lieutenant general was made is more contentious. As noted earlier, at least two chronicles link the parliament to the decision to send York to France. The BL Cleopatra C IV Chronicle twice notes that the parliament of 1435 was ordained for the governance of France, on the second occasion continuing with 'and so the duke of York was sent into France with an viiim men with him, and he hadde with him the erll of Salisbury, and the erll of Suthfolk, the lord Faconbryg, and many worthi knyghtes and squyers.' Gregory's Chronicle is more explicit in linking the decision to send the duke of York as lieutenant general with the parliament: 'and at the parliament be-fore hyt was ordaynede that the duke of York should in to Fraunce with certayne lordys with him in stede of the Regaunt. And whythe hym went the Erle of Salysbury'. (fn. int1435-19) This may suggest that York's appointment as lieutenant general was decided upon in the parliament. But the indenture for war service of 2,700 men, himself included, which York made on 20 February does not mention any specific title or command, (fn. int1435-20) and his commission as lieutenant general was not sealed until 8 May 1436. (fn. int1435-21) The indentures for the service of Salisbury, Fauconberg and Suffolk likewise date to February and March 1436, and the troops which they and York led did not cross until early in May 1436. (fn. int1435-22) It is sensible to conclude, therefore, that outline plans may have been devised in the parliament of 1435 for future expeditions to France, but that the detail, including York's status and powers, was not finalised until well into the New Year. The tax grants in the parliament had made feasible the launching of large expeditions, because their expected render enabled further loans to be sought in February 1436 for York's expedition. (fn. int1435-23)
The parliament of 1435 had already set in train attempts to raise major loans. A notably large figure of £100,000 was established as the target for loans to the crown, double the level requested in 1433 (Parliament of 1433, item 23). The entry concerning the raising of loans occurs early on the roll at item 9, although it is not entirely clear at which point in the assembly the lords and commons gave their assent. The high sum envisaged was a reminder to the nation of the seriousness of the situation and of the need for an aggressive stance, but it also suggests that the government anticipated general enthusiasm for the war. But both old and new loans had to be repaid. In this context, the deaths of Bedford without issue and of the earl of Arundel whilst his son was still under age had usefully made available to the crown new funds for repayment of loans. Thus, on 2 December, on the advice of the lords, arrangements were made 'by king and council in parliament' for the repayment of existing loans made by three merchants, William Estfeld of London, Hamo Sutton of Lincoln and Hugh Dyke of London, out of the revenues of the lands of Bedford and Arundel, the revenues of the duchy of Cornwall and general exchequer revenues (item 11). (fn. int1435-24) (That there were also hopes to gain further access to the enfeoffed lands of the duchy of Lancaster, which Henry V had hoped to apply to his will, is evidenced by item 15, where the bishop of Durham, in the presence of the king and other lords assembled in the parliament, presented to Cardinal Beaufort, the archbishop of Canterbury and Sir Walter Hungerford, letters of Henry V concerning his will of 21 July 1417.)
Londoners again contributed loans to the crown as a result of the call for credit made by the parliament. But the government desperately needed tax grants from the same parliament not only to provide repayment but also to meet regular and military expenditure. (fn. int1435-25) On the last day of the parliament, 23 December, several tax grants were announced. A lay subsidy was agreed, although its collection was to be divided into four instalments, payable on 27 May and 11 November 1436, and on 19 May and 11 November 1437. As in 1433, a reduction of £4000 was allowed for the relief of those places which were suffering difficulties. Lincoln continued to enjoy the relief from half its obligation which had first been allowed in 1431, and a new concession was added whereby the town of Andover (Hants.) was given complete exemption. Commissions for the distribution of the £4,000 relief were appointed on 1 January 1436, with writs for collection being issued two days later. (fn. int1435-26) The surviving file of certificates of the names of the collectors makes it clear that the latter had been nominated by the knights of the shire and burgesses in parliament. (fn. int1435-27) A subsidy on wool export was also granted at 5 nobles (33s 4d) on every sack and 240 fells exported by native merchants. Lincoln was again given special terms. For alien merchants the rate was set at 7 nobles (46s 8d). These were to take effect from the expiry of the previous grant (11 November 1436) and were to last until 11 November 1437. (fn. int1435-28) Again there were concessions made to Lincoln that merchants there should be able to ship 50 sacks of wool to the Calais staple without paying subsidy. (fn. int1435-29) Tunnage and poundage were imposed on alien merchants only at 2s or 3s per tun of wine imported and 12d on other merchandise imported or exported, again to last from 11 November 1436 to the same date in 1437. The government was thus assured of some income until the end of 1437.
But these regular forms of tax were not enough. On 23 December the commons also agreed to a tax on income from freehold lands, rents, annuities, offices and other temporal possessions. (fn. int1435-30) All those with more than £5 per annum were liable, and a sliding scale was applied for higher incomes. A basic rate of 6d in the pound was payable by those with incomes between £5 and £100. (fn. int1435-31) Those with incomes to £399 also paid this rate on the first £100 of their income but a rate of 8d in the pound on the remainder of their income. Anyone with an income above £400 was to pay 2s per pound on the entire income. Clergy were only liable to pay for income from property acquired by purchase of amortisation since the Statute of Mortmain in 1291. In all cases income was calculated over and above legitimate expenses, which were taken to include payments of annuities. The tax was due in one instalment on 22 April 1436. On 29 January 1436 commissioners were appointed and authorised to summon before them all those who had incomes which might be liable to tax, and to report on defaulters. (fn. int1435-32) The higher nobility, however, were to be examined separately before the chancellor and treasurer. (fn. int1435-33) A substantial amount of material survives concerning the tax, with assessments for sixteen counties in addition to two files concerning the nobility. (fn. int1435-34) These have proved extremely instructive in a study of landed wealth at this time. (fn. int1435-35) The palatinate of Durham, which did not send MPs to parliament, did contribute to the tax but on the understanding that this was not a precedent (Parliament of 1435, Appendix, item 7). Likewise the palatinate of Chester was asked to contribute, but in the face of resistance, was given a similar reassurance. (fn. int1435-36)
All in all, the commons had been fairly generous in the 1435 parliament. However, grants of trade taxes had only been made for a limited period of time, so there would be a need to call another parliament before the end of 1437. It has been calculated that the tax raised between £8,500 and £9,000, a useful addition to royal revenues but a small one considering the investment of time and effort in its collection. Indeed, it is generally thought that income was adversely affected by major underassessment of landed incomes. (fn. int1435-37) A full tenth and fifteenth had been granted but would be slow in coming in because it had been divided into four instalments, presumably at the behest of the commons. As Roskell suggests, the fact that parliament was not dissolved until 23 December, exceptionally close to Christmas, implies that the commons had needed some persuasion. Indeed, the income tax, which affected only the relatively well-off and levied higher sums from the nobility, may also reflect commons' resistance to increasing the burden on the community of the realm as a whole. (fn. int1435-38) Even with these various taxes, additional loans soon needed to be sought in anticipation of York's expedition to France. On 14 February, in anticipation of York's expedition, the council addressed requests for loans to towns as well as specific merchants, nobles and clergy. Such loans were due on 1 April 1436, and were to be repaid out of the lay subsidy granted at the 1435 parliament. (fn. int1435-39) The largest lender was once again Cardinal Beaufort who advanced £28,000 between February and August 1436. The crown's finances remained in a difficult state, especially as military expenditure necessarily increased.
There were 11 common petitions put forward, of which eight led to statutes. Three of the successful petitions concerned legal matters: judgments (item 18); the status of Carlisle as the location for the principal courts held in the county of Cumberland (item 20); the frequency of sessions of the peace in Middlesex (item 21). As we have seen, two of the successful petitions concerned the staple at Calais (items 19 and 22) and three maritime interests (items 24, 26, 28). The rights of alien fishmongers, or at least those within the English alliance, were protected (item 23), although their loyalty was soon to be tested by a ban on trade with the Flemish which the government imposed in September 1436. (fn. int1435-40) It was requested that abbots and priors should not be appointed as collectors of clerical taxes outside their own county (item 29). This was not accepted, nor was the petition to take retaliatory measures against the merchants of the Hanse on the grounds that they had acted against English merchants in Prussia (item 27). A third petition was also referred. This concerned the complaint that those who owed money to the crown for farms or other reasons were being harassed by sheriffs and exchequer officials in cases where all or part of the debt had been paid (item 25).
A few additional matters, such as letters of denization, seem to have come before the parliament, as the Appendix indicates. There can be no doubt, however, that the main focus of the parliament was the war with France. Indeed this perhaps explains the relative lack of other business. Griffiths observed that the parliament was less concerned with law and order than recent parliaments had been. (fn. int1435-41) This may reflect the success of measures ordered at previous meetings, but it might also suggest that there was a collective desire to respond to external threats. We can only wish that the roll had provided more on the discussion which must have taken place at this crucial point in English fortunes.
Text and translation
| [memb. 8] | |
| [p. iv-481] | |
| [col. a] | |
| ROTULUS PARLIAMENTI TENTI APUD WESTM' DECIMO DIE OCTOBRIS ANNO REGNI REGIS HENRICI SEXTI POST CONQUESTUM QUARTODECIMO. | THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER ON 10 OCTOBER IN THE FOURTEENTH YEAR OF THE REIGN OF KING HENRY THE SIXTH SINCE THE CONQUEST [1435]. |
| [1.] Pronunciatio parliamenti. | [1.] The opening of parliament. |
| Memorandum quod decimo die Octobris, anno regni regis Henrici sexti post conquestum quartodecimo; primo die presentis parliamenti, ipso domino rege sede regia apud Westm' in camera Depicta residente; presentibus etiam quampluribus prelatis, ducibus et magnatibus, ac communibus regni Anglie, ad idem parliamentum de mandato regio convocatis: venerabilis pater Johannes episcopus Bathon' et Wellen', cancellarius Anglie, causam summonitionis parliamenti predicti, ex ipsius domini regis mandato, notabiliter declaravit; assumens pro suo themate, Soliciti sitis servare unitatem spiritus in vinculo pacis. (fn. iv-481-5-1) Pro cujus textus declaratione, inter alia per ipsum egregie exposita et declarata, asseruit, ducem Burgund' quandam dietam pro vinculo pacis regnorum Anglie et Francie, apud Arras, cum adversario predicti domini regis ut dicebatur tractandum, ipso domino rege inconsulto, jam tarde, contra tenorem magne pacis inter regna predicta edite, constituisse et assignasse; ac quosdam cardinales, videlicet, cardinalem Sancte Crucis ex parte domini nostri summi pontificis, et cardinalem de Cipre ex parte generalis consilii, ad locum predictum ex causa predicta adventuros fuisse; necnon dietam illam sic assignatam eidem domino regi notificasse, ut idem dominus rex si sibi placeret, suos posset ambassiatores illuc, pro bono pacis inibi tractandum et concludendum, favente domino, destinare: et licet constitutio et assignatio diete illius absque ipsius domini nostri regis, aut statuum utriusque regnorum suorum predictorum consilio vel assensu, contra formam et effectum dicte magne pacis nuper inter felicissime recordationis dominum Henricum nuper regem Anglie, patrem ipsius domini regis nunc, et Karolum tunc adversarium suum Francie inite et concordate, ac per utriusque regnorum predictorum trinos status notabiliter approbate et confirmate, et per prefatum ducem Burgund' inter ceteros specialiter jurate et promisse, emanaverat; idem tamen dominus noster rex, ut verus pacis filius, et ea que ad pacem sunt toto cordis affectu desiderans, ne in suorum ligeorum aut aliorum quorumcumque opinione vulgari censeretur sanguinis potius effusionem sitire quam pacem, quosdam suos notabiles ambassiatores, ad locum ut premittitur prefixum, ad tractandum et communicandum super premissis et suis connexis et dependentiis quibuscumque, cum ambassiatoribus adversarii sui predicti, cum sufficienti potestate in hac parte realiter destinavit: et licet ambassiatoribus utriusque partis super premissis sepius ibidem tractantibus, quamplura grandia et notabilia profra et media rationabilia pro bono pacis, per ambassiatores dicti domini nostri regis, parti adverse, coram prefatis cardinalibus, oblata fuerint et aperta, dicti tamen ambassiatores partis adverse, non ut pacis, set potius guerrarum zelatores, hujusmodi oblationes et media penitus recusantes, nulla media rationabilia immo [col. b] trupha et derisoria optulerunt; sicque dieta illa, in ipsius partis adverse, et ambassiatorum suorum defectum, absque optato pacis effectu extitit dissoluta. | Be it remembered that on 10 October in the fourteenth year of the reign of King Henry the sixth since the conquest [1435], which was the first day of the present parliament, with the lord king sitting on the royal throne in the Painted Chamber at Westminster, with very many other prelates, dukes and lords and the commons of the realm of England who were also present, having been summoned to the aforesaid parliament by royal command: the venerable father John, bishop of Bath and Wells, chancellor of England, declared in fine fashion the reasons for the summons of the same parliament at the command of the lord king, taking as his theme, 'Be solicitous to serve the unity of the spirit in the bond of peace'. (fn. iv-481-5-1) In elucidation of this text, he declared, amongst other things set forth in fine fashion, that the duke of Burgundy had fixed and assigned a certain day for the bond of peace of the realms of England and France to be discussed at Arras with the enemy of the aforesaid lord king, as it is said, consulting the lord king himself only late in the day, contrary to the tenor of the great peace declared between the aforesaid realms; and that certain cardinals, to wit, the cardinal of Santa Croce on behalf of our lord the pope and the cardinal of Cyprus on behalf of the general council, had been at the aforesaid place because of the matter; and also that the same lord king had been informed of the day thus assigned so that he might appoint, if it might please him, his ambassadors for a good peace to be negotiated and concluded there, God willing. Despite the fact that the arrangement and assignment of that day had arisen without the counsel or assent of our lord king himself or of the estates of both of his aforesaid realms contrary to the form and effect of the said great peace lately concluded and agreed between Lord Henry late king of England of most felicitous memory, the father of the present lord king himself, and Charles then his adversary of France, and approved and confirmed by the three estates of both aforesaid realms, and sworn and promised by, among others, the aforesaid duke of Burgundy in particular, nevertheless, our same lord king, as the true son of peace, and desiring with his whole heart all things which might lead to peace, lest it might be commonly believed by his liege subjects or by any others that he was more eager for blood than for peace, indeed sent his distinguished ambassadors to the agreed place, as said above, with sufficient power in this regard to negotiate and agree on the foregoing, and on any related and dependent matters, with the ambassadors of his aforesaid enemy: and although the ambassadors on both sides frequently negotiated concerning the foregoing there and very many great and notable offers and reasonable mediations for the good of peace were offered and disclosed by the ambassadors of our said lord king to the enemy, before the aforesaid cardinals, the said ambassadors of the enemy, zealous for war rather than for peace, totally refusing such offers and mediations, made no reasonable offers but rather on the contrary [col. b] made trifling and derisory ones. And so that meeting, in the absence of the enemy party and its ambassadors, was dissolved without effective peace being secured. |
| 2. Jamque prefatus dominus noster rex, ex fidedigna relatione didicit, quod prefatus dux Burgundie, cum prefato adversario suo Francie pacem iniit et eidem parti adverse contra dictum dominum nostrum regem totis viribus satagit adherere; sicque videtur, quod < eundem > dominum nostrum regem, premissa trupha et derisoria per dictam partem [...] adversam oblata admittere, et nomen, stilum, titulum et honorem regis Francie dimittere, aut dictum regnum suum Francie, ac jura et dominia sua ibidem, et in ducatu suo Normann', armata potentia defendere oportebit: ut igitur idem dominus noster rex super premissis ac aliis pro defensione dicti regni sui Anglie necessariis et oportunis, per ipsorum prelatorum, procerum et communium sanas discretiones possit avisari, dictum presens parliamentum, ex assensu consilii sui, fecit convocari. | 2. And now our aforesaid lord king has learned from the report of faithful men that the aforesaid duke of Burgundy has made peace with his aforesaid enemy of France and has striven to have all men adhere to the same enemy against our said lord king. Thus it seems that our same lord king must either accept the trifling and derisory offers made by the said enemy and renounce the name, rank, title and honour of king of France, or else be willing to defend with force of arms his said realm of France, and his rights and lordships there and in his duchy of Normandy: therefore, so that our same lord king might be advised concerning the foregoing and other matters necessary and appropriate for the defence of his said realm of England by the wise discretions of the prelates, nobles and commons themselves, he has caused the said present parliament to be summoned with the assent of his council. |
| 3.Volens et concedens ut sancta mater [ecclesia] Anglicana, ac prelati, proceres, magnates et communes predicti, et eorum quilibet, omnibus et singulis libertatibus et quietantiis, eis vel eorum alicui, per progenitores ipsius domini regis concessis, et per prefatos prelatos, proceres, magnates et communes, bene et rationabiliter usitatis, et minime revocatis, nec per legem Anglie revocabilibus, plene uti et gaudere deberent, juxta tenores cartarum et confirmationum inde confectarum. Dedit insuper prefatus cancellarius predictis communibus, nomine regio, firmiter in mandatis, quod in eorum domo communi antiquitus usitata in crastino convenirent, et suum prelocutorem eligerent; ac sic electum prefato domino regi cum ea celeritate qua commode poterant realiter presentarent. Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus noster rex certos receptores et triatores petitionum, in predicto parliamento exhibendarum, constituit et assignavit in forma subsequenti: | 3.Wishing and granting that the holy English mother church and the aforesaid prelates, nobles, lords and commons, and each of them, should fully exercise and enjoy each and every one of the liberties and privileges granted to them and to each of them by the noble progenitors of the lord king himself, and fully and reasonably exercised by the aforesaid prelates, nobles, lords and commons and not in any way revoked, nor revocable by the law of England, according to the tenors of the charters and confirmations made thereupon. The aforesaid chancellor also firmly ordered the aforesaid commons in the king's name that they should assemble the following day in their common chamber used in the past, and should elect their speaker, and thus elected, should present him to the king as speedily as they could. And so that justice might be given more quickly to those who wished to complain, our same lord king appointed and assigned certain receivers and triers of petitions to be presented in the aforesaid parliament, in the following form: |
| 4. Receivours des petitions d'Engleterre, Irland, Gales, et Escoce: | 4. Receivers of petitions from England, Ireland, Wales, and Scotland: |
| 5. Receivours des petitions de Gascoigne, et d'autres terres et paiis depar dela le meer, et des Isles: | 5. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands: |
| Et ceux qi voillent deliverer lour petitions, les baillent parentre cy et le samady proschein avenir. | And those who wish to submit their petitions should deliver them between now and next Saturday [15 October]. |
| [p. iv-482] | |
| [col. a] | |
6. Et sont assignez triours des petitions d'Engleterre, Irland, Gales, et Escoce:
|
6. And the following are assigned triers of petitions for England, Ireland, Wales, and Scotland:
|
| - toutz ensemble, ou sys des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les sergeantz du roi, qaunt y bosoignera. Et tiendront lour place en le chambre du chamberleyn, pres le chambre Depeintee. | - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor and treasurer, as well as the king's serjeants, when necessary. And their session will be held in the chamberlain's chamber, next to the Painted Chamber. |
| 7. Et sount assignez triours des petitions de Gascoigne, et des autres terres et paiis depardela le meer, et des Isles: | 7. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands: |
| - toutz ensemble, ou quatre des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les sergeantz du roi, qaunt y bosoygnera. 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 their session will be held in the Marcolf Chamber. |
| Presentatio prelocutoris. | Presentation of the speaker. |
| 8. Item, tertiodecimo die Octobris, venerunt prefati communes coram domino rege in parliamento predicto, et presentaverunt eidem domino regi Johannem Bowes, prelocutorem ipsorum communium. Qui quidem Johannes, post excusationem suam notabiliter factam, prefato domino regi humilime supplicavit, quatenus omnia et singula per ipsum ex parte dictorum communium in parliamento predicto proferenda, sub protestatione posset proferre; ut si quid de sibi injunctis omittendo vel eis addendo, aut aliter quam sibi per eosdem communes injunctum fuerit contigerit declarare, tunc ad prefatos communes resortiri, et se per eorum avisamentum et assensum corrigere posset et emendare; ac omnimoda alia libertate gaudere, qua aliquis hujusmodi prelocutor ante hec tempora melius et liberius gavisus est. Cui per prefatum cancellarium, de mandato prefati domini regis, respondebatur, quod idem prelocutor tali protestatione in prolatione et declaratione suis hujusmodi, ac aliis libertatibus in omnibus, frueretur et gauderet, qualibet ipse et alii prelocutores tempore dicti domini regis, et progenitorum suorum, rationabiliter usi sunt et gavisi. | 8. Item, on 13 October, the aforesaid commons came before the lord king in the aforesaid parliament and presented John Bowes, their common speaker, to the same lord king. Which John, after notably making his protestation, humbly beseeched the aforesaid lord king that he might say each and everything to be said by him on behalf of the said commons in the aforesaid parliament under protestation, so that if he omitte or added anything to what was enjoined to him, or happened to say otherwise than had been enjoined to him by the same commons, then he might be referred back to his said fellow commons, to correct and put himself right by their advice and assent, and that he might enjoy all other liberties better than and more freely than any such speaker has enjoyed in the past. To which it was replied by the aforesaid chancellor, at the command of the king, that the same speaker might have the use of and enjoy such protestation in his pronouncing and declaring, and such other liberties in all things as other speakers have reasonably used and enjoyed in the time of the said lord king and of his progenitors. |
| Securitas pro creditoribus regis. | Guarantees for the king's creditors. |
| 9. Item, nostre seignur le roi, par advis et assent des seignurs espirituelx et temporelx, et la commune du roialme, en cest present parlement assemblez, ad graunte et ordine; qe les seignurs de son counseill, et de ses heirs et successours, pur le temps esteantz, eient plein poair et auctorite du dit parlement, de faire a toutz iceux qe ount fait ou ferront ascuns creaunces au roi, pur defense de soun roialme, de summe de cent .m. livres ou dedeins, parentre cy et le proschein parlement; et [col. b] auxi a toutz ceux, et chescun d'eux, qe par lour obligations sount obligez pur ascuns creaunces faitz au roi pardevaunt; tauntz et sibones seurtees de par le roi, sibien des custumes, subsidies, et toutz autres profitz, commoditees et revenues, queux soient du roi, ses heirs ou successours du roialme d'Engleterre; et auxi de lour joialx, biens moebles, et des biens, joialx et chateux de la corone, pur repaiement ou agreement de lour prestes, creaunces et obligations, come semblera a les creditours et obligez suisditz, lour executours et assignez agreables, bones et sufficientz, par advis sibien del counseill des ditz creditours et obligez, come des sergeantz et attournes du roi, et autres de lour counseill, come semblera availlable pur eux, les queux les ditz creditours et obligez, a ceo voillent nommer, ou lour executours ou assignes; les queux sergeantz et attournes du roi, il voet et commaunde d'estre del counseill des ditz creditours et obligez en ceo cas, a tout temps covenable, pur les repaiementz des creaunces, prestes et obligations suisditz, come des grauntes par le clergie, ou le laye poeple, faitz ou affaires en temps de cest parlement: salvant, qe toutz maners des grauntes et assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et qe les creditours et obligez suisditz, lour executours et assignez, eient et enjoient les paiementz et summes des deniers des ditz grauntes, custumes et subsidies, profitz, commoditees, < revenues, > [...] joialx, biens et chateux, as ditz creditours et obligez, et a chescun d'eux, ou lour executours ou assignez, par les suisditz seignurs du counseill, en la dite fourme a grauntiers, paiers, levers, assigniers et deliverers, solonc la fourme de mesmes les grauntes, liverees, paiementz et deliverances, saunz estre empeschez, molestez ou grevez, par le roi, ses heirs, successours ou executours, ou autre persone qeconqe: salvant, qe toutz maners des grauntes et assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et qe le chaunceller d'Engleterre pur le temps esteant, ferra as ditz creditours et obligez, et a chescun d'eux, lour executours, assignez ou deputez, tauntz et tielx lettres patentz, et briefs desoubz le graunde seal du roi, et de ses heirs et successours, saunz fee ou fyn pur icell a paier; et en tiel fourme, des biens le roi, custumes, subsidies, et toutz autres profitz, commoditees et revenues, et autres biens le roi, come desuis est dit: salvant, qe toutz maners des grauntes et assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en sa force, ceste ordinaunce nient obstant; pur la seurtee de le repaiement et agreement des ditz creditours, obligez, lours executours, assignees et deputees, come semblera a mesmes les creditours et obligez, lour executours, assignees et deputees, necessaries et sufficeantz par advis del counseill suisdit: et ceo par auctorite de cest present parlement. Et qe toutz les persones del counseill du roi, le tresorer d'Engleterre q'or est, et qi pur le temps serra, custumers, et chescun autre officer du roi, et autre persone du roialme qeconqe, qe delivera les joialx, biens et chateux du roi, ou paiera ascuns summes des deniers avauntditz, as ditz creditours et obligez, lour executours ou assignees, pur la seurtee, satistaction ou paiementz, des dites obligations, ou des summes par eux creauncez, ou a creaunciers, soient ent quitez et dischargez envers nostre seignur le roi, ses heirs et successours, et lour executours, pur toutz jours; saunz ceo q'ils ou ascun d'eux, soit ou soient en celle partie, ascunement molestez, grevez ou empeschez, de par le roi, ses heirs ou successours, ou lour executours, ou autres qeconqes: purveu toutz foitz, qe null des lieges nostre seignur le roi, par force du ceste ordinaunce, [p. iv-483][col. a] ne soit artee ne compelle countre son gree, de faire preste, chevesaunce, obligation ne autre seurtee qeconqe au roi, ou a qeconqe autre persone, pur la chevesance de summe avauntdite, ne de ascun parcell de ceux. Purveu toutz foitz, qe nulle persone soit endamage de son frank tenement ne de sa enheritaunce, par force de celle acte. | 9. Item, our lord the king, by the advice and assent of the lords spiritual and temporal and the commons of the realm assembled in this present parliament, has granted and ordained that the lords of his council, and of his heirs and successors at the tim shall have the full power and authority from the said parliament to issue to all those who have made or who will make any loans to the king for the defence of his realm of the sum of £100,000 or less between now and the next parliament; and [col. b] also to all those, and each of them, who by their obligations are bound for any loans made to the aforesaid king in the past, as many and such good guarantees on behalf of the king both from the customs, subsidies and all other profits, commodities and revenues which belong to the king, his heirs or successors of the realm of England; and also from their jewels, moveable goods, and from the goods, jewels and chattels of the crown, for the repayment or satisfaction of their loans, credits and obligations as will seem acceptable, good and sufficient to the aforesaid creditors and obligors, their executors and assigns, by the advice both of the counsel of the said creditors and obligors and of the king's serjeants and attorneys, and others of their counsel, as will seem sufficient for them, whomsoever the said creditors and obligors, or their heirs or assigns, may wish to name for this purpose; which serjeants and attorneys of the king he wills and commands to advise the said creditors and obligors in this matter at all suitable times, for the repayment of the aforesaid credits, loans and obligations from grants made or to be made by the clergy or the laity during this parliament: saving that all manner of grants and assignments made, granted or assigned in the past to any person shall be valid and effective and remain in their force, notwithstanding this ordinance. And that the aforesaid creditors and obligors, their executors and assigns, shall have and enjoy the payment and sums of money from the said customs, subsidies, profits, commodities, revenues, jewels, goods and chattels, to be granted, paid, levied, assigned and delivered in the said form to the said creditors and obligors, and to each one of them, or their executors or assigns, by the aforesaid lords of the council, in accordance with the form of the same grants, levies, payments and deliveries; without being prevented, molested or harmed by the king, his heirs, successors or executors, or any other person whatsoever: saving that all manner of grants and assignments made, granted or assigned in the past to any person shall be valid and effective and remain in force, notwithstanding this ordinance. And 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 great seal of the king, and of his heirs and successors, without fee or fine to be paid for them, and in such form, from the king's goods, customs, subsidies, and all other profits, commodities and revenues, and the king's other goods, as is said above - saving that all manner of grants and assignments made to any person in the past shall be valid and effective and remain in force, notwithstanding this ordinance, for the guarantee of the repayment and satisfaction of the said creditors, obligors, their executors, assigns and deputies, as will seem necessary and sufficient to the same creditors and obligors, their executors, assigns and deputies, by the advice of the aforesaid counsel: and this by the authority of this present parliament. And that all the persons on the king's council, the present treasurer of England and any treasurer in future, customs officers, and every other officer of the king, and any other person of the realm who will deliver the king's jewels, goods and chattels, or will pay out any sums of the aforesaid money to the said creditors or obligors, their executors or assigns, for the guarantee, satistaction or payment of the said obligations, or of the sums loaned or to be loaned by them, shall be quit and discharged towards our lord the king, his heirs and successors, and their executors, forever; on such terms that they or any of them will not be molested, harmed or prevented on behalf of the king, his heirs or successors, or their executors, or anyone else whomsoever: provided always that none of our lord the king's lieges [p. iv-483][col. a] shall be coerced nor compelled against his will, by force of this ordinance, to make any loan, credit, obligation or other guarantee to the king, or to any other person, for the levy of the aforesaid sum, or of any part of it. Provided always that no person shall be harmed with regard to his freehold or his inheritance by force of this act. |
| [memb. 7] | |
| De custodia castri et ville Cales' commissa duci Glouc'. | Concerning the custody of the castle and town of Calais granted to the duke of Gloucester. |
| 10. Memorandum quod vicesimo nono die Octobris, anno presenti, quedam copia indenturarum inter dominum nostrum regem, et carissimum avunculum suum Humfridum ducem Gloucestr', pro salva custodia, ad opus et proficuum dicti domini regis, de villa et castro Cales', turre de Rysbank, ac castris de Hammes, Marke, Oye, Stangate et de Bavelyngham, ac etiam castro et dominio de Guynes in marchis Picardie conficiendum, in presentia dominorum spiritualium et temporalium in presenti parliamento tunc existentium, lecta fuit, sub eo qui sequitur tenore: | 10. Be it remembered that on 29 October in the present year a copy of an indenture to be made between our lord king and his dearest uncle Humphrey, duke of Gloucester, for the safeguard to the assistance and profit of the said lord king of the town and castle of Calais, the tower of Rysbank, and the castles of Hammes, Marck, Oye, Sangatte and of Balinghem, and also the castle and lordship of Guînes in the marches of Picardy was read in the presence of the lords spiritual and temporal then assembled in the present parliament, under that tenor which follows: |
| Ceste endenture faite parentre le roi nostre soverain seignur d'une part, et son treschier et foial uncle Humfrey duke de Gloucestre d'autre part, tesmoigne qe le dit duc ad empris a son loyal poair, de sauvement garder par luy, ou par ses deputees sufficeantz, a l'oeps et profit de nostre dit seignur le roi, les ville et chastell de Caleys, la toure de Rysbank, les chastelx de Hammes, Marke, Oye, Sandegate et de Bavelyngham, en les marches de Picardie, de la date de cestes presentz, jesques au fin de dousze ans prouchein venantz; et aussi le chastell de Guisnes es dites marches, du quatorszisme jour de Juyllet, qe serra en l'an de grace .mccccxxxvi. jusques au fin de .xij. e < ans > avantditz. Et avera le dit duc continuelment demorans ovec luy, c'est assavoir, sur la saufgarde de mesme la ville de Caleis, .cc. et .lx. hommes d'armes, luy mesmes accontez; desquelles serront a chivall, le suisdit duc, son lieutenant, et le mareschall de la dite ville tant seulement, et le remenant a pee; et .cc. archiers a pee, oultre dys hommes d'armes, et dis archiers, de la retenue du tresorer de Caleis, les queux serront entendantz as commaundementz du dit duc, en toutz choses touchauntz la < saufgarde du dite > ville avantdite. Et prendra le dit duc pur son dit lieutenant, deux souldz; pour le dit mareschall, dousze deniers; et pour chescun < des ditz autres hommes d'armes a pee, oyt deniers le jour; > et pour chescun des ditz archers, sis deniers le jour, pur lour gages; et pur les ditz lieutenant et mareschall, regarde et demy accustumez, durant le terme avantdit; et prendra aussi l'avauntdit duc, pour les costages et charges queux luy coviendra de necessite annuelment sustenir, sibien au dit son lieutenaunt, et autres officers, come autrement, cent et quatre livres, quatorsze souldz, et oyt deniers, par an, durant le temps avauntdit. Et serront aussi demorantz durant le dit temps en la dite ville, sur la sauf garde d'icelle, as gages de nostre dit seignur le roi, quarante balastiers, vint carpentiers, quinsze maceons, oultre les artilliers, et autres officiers et pensioners, come sont au present en mesme la ville, les queux serront semblablement entendantz as commaundementz de l'avantdit duc. Et sur la saufgarde de l'avantdit chastell de Caleis, serra le [...] lieutenant de dit duc tantsoulement a chivall. Et avera icelluy duc, sur la sauf garde du dit chastel de Caleys, durant le dit temps, cynque hommes d'armes a pee, et vint archiers a pee; et prendra pur luy mesmes, ou pur le dit lieutenant, deux souldz le jour; pur chescun des ditz autres hommes d'armes a pee, oyt deniers le jour; pur chescun des ditz archiers a pee, sis deniers le jour, pur lour gages; et pour luy mesmes, ou pour son dit lieutenaunt, de regard especial, cent souldz le quartier. Et avera le dit duc, sur la salf garde de l'avantdite [col. b] tour de Risbank, son lieutenant, et un aultre homme d'armes, as gages de guerre accustumez, et regard accustumez et demy; et sesze hommes armez ou balastiers; chescun preignant oyt deniers le jour, pur ses gages, et deux deniers le jour, de regarde. Et serra la dite toure garnie d'artillarie, canons, et poudre pour icelx sufficeantment, as costages du roi nostre soverain seignur suisdit: purveu toutesfoitz, qe le suisdit duc preigne meins de ses ditz gages, pour la dite garde, de nostre seignur le roi, jusques a la summe de cent marcz par an, qe Johan Gerard trespassez pur la dite garde annuelment estoit accustumez d'apprendre, et aussi d'an en an, tan come le dit duc avera la garde avauntdite. | This indenture has been made between the king our sovereign lord on the one part and his dearest and faithful uncle Humphrey, duke of Gloucester, on the other part, witnessing that the said duke has taken into his loyal power the town and castle of Calais, the tower of Rysbank, the castles of Hammes, Marck, Oye, Sangatte and of Balinghem in the marches of Picardy to be kept safely by him, or by his sufficient deputies, for our said lord the king's benefit and profit from the date of these present letters until the end of twelve years next following; and also the castle of Guînes in the said marches from 14 July which will be in the year of grace 1436 until the end of the aforesaid twelve years. And the said duke will have dwelling with him continually for the safeguard of the same town of Calais, 260 men-at-arms, himself included, of whom only the aforesaid duke, his lieutenant, and the marshal of the said town will be mounted, and the rest foot; and 200 archers on foot, in addition to ten men-at-arms and ten archers from the retinue of the treasurer of Calais who will be under the command of the said duke in all matters concerning the safeguard of the aforesaid town. And the said duke will receive for their wages 2 s . for his said lieutenant, 12 d . for the said marshal, and 8 d . a day for each of the other foot men-at-arms, and 6 d . a day for each of the said archers, and the customary regard and a half for the said lieutenant and marshal during the aforesaid term; and the aforesaid duke will also receive £104 14 s . 8 d . a year during the aforesaid time for the costs and charges which he must bear each year, both for his said lieutenaunt and other officers, and otherwise. And 40 crossbowmen, five carpenters and fifteen masons will also remain in the said town during the said time at the expense of our said lord the king, in addition to the makers of artillery and other officers and recipients of pensions who are at present in the same town, who will similarly be under the command of the aforesaid duke. And of those concerned with the safeguard of the aforesaid castle of Calais, only the lieutenant of the said duke will be mounted. And the duke himself will have five foot men-at-arms and 20 foot archers for the safeguard of the said castle of Calais during the said time; and he will receive for their wages 2 s . a day for himself, or for the said lieutenant, 8 d . a day for each of the other said men-a-arms, 6 d . a day for each of the said foot archers, and 100 s . a quarter for himself or for his said lieutenaunt as a special regard. And for the safeguard of the aforesaid tower of Rysbank the said duke will have [col. b] his lieutenant and another man-at-arms at the customary wages of war, and the customary regard and a half; and sixteen armed men or crossbowmen; each receiving 8 d . daily for his wages and 2 d . daily as a regard. And the said tower will be supplied with artillery, canons and sufficient powder for them at the expense of our aforesaid sovereign lord the king: provided always that the aforesaid duke will take for his said wages for the said custody from our lord the king at least up to the sum of 100 marks a year which the late John Gerard was accustomed to receive annually for the said custody, and also from year on year as long as the said duke has the aforesaid custody. |
| Item, avera le dit duc, ovec son dit lieutenant, sur la sauf garde du dit chastell de Hammes, dousze hommes d'armes, son dit lieutenant accontez, et tresze archiers; dount serront son dit lieutenant et un archer a chival, et le demorant a pee. Et prendra pur son dit lieutenant, dousze deniers le jour; et pur le dit archier a chival, et pur < les > < ditz > unsze hommes d'armes a pee, pur chescun oyt deniers le jour; et pour les ditz dousze archiers a pee, < pur chescun d'eux > sis deniers le jour, pour lour gages. Et prendra le dit duc pour luy, ou pour son dit lieutenant, cynque marcz le quartier, de regard especiale. | Also, for the safeguard of the castle of Hammes the said duke with his said lieutenant will have twelve men-at-arms, including his said lieutenant, and three archers; of whom his said lieutenant and one archer will be mounted, and the rest foot. And he will receive for their wages 12 d . a day for his said lieutenant, and 8 d . a day for the said mounted archer, and for each of the said eleven foot men-at-arms, and 6 d . a day for each of the said twelve foot archers. And the said duke will receive 5 marks the quarter for himself or for his said lieutenant as a special regard. |
| Item, avera mesme celuy duc, sur la sauf garde du dit chastell de Marque, continuelment demorantz ovec luy ou son lieutenant illeoques, quatre hommes d'armes, son dit lieutenant nient accontez, et sesze archiers; desqueux hommes d'armes et archiers, serront un homme d'armes et un archier tant soulement a chival. Et prendra le dit duc pour son dit lieutenant, deux souldz le jour; et pur le dit homme d'armes a chival, dousze deniers le jour; et pour chescun des ditz hommes d'armes a pee, et archier a chival, oyt deniers le jour; et pur chescun des ditz archiers a pee, sis deniers le jour, pour lour gages; et pour son dit lieutenant, et le dit homme d'armes a chival, regard accustumez et demy. | Also, for the safeguard of the said castle of Marck the same duke will have continually dwelling with him or his lieutenant there four men-at-arms, not including his lieutenant, and sixteen archers; of which men-at-arms and archers only one man-at-arms and one archer will be mounted. And the said duke will receive for their wages 2 s . a day for his said lieutenant, and 12 d . a day for the said mounted man-at-arms, and 8 d . a day for each of the said foot men-at-arms on foot and the mounted archer, and 6 d . a day for each of the said foot archers, and the customary regard and a half for his said lieutenant and the said mounted man-at-arms. |
| Item, avera le dit duc, sur la sauf garde du dit chastell de Oye, quatre hommes d'armes, son lieutenant illeoqes accomptez, qi serra a chival, et les autres a pee; et vint archiers toutz a pee. Et prendra le dit duc pur son dit lieutenant, dousze deniers; pur chescun des ditz autres hommes d'armes, oyt deniers; et pur chescun des ditz archiers, sis deniers le jour, pour lour gages; et pour luy mesmes, ou pour son dit lieutenant, cent souldz le quartier, de regard especial. | Also, for the safeguard of the castle of Oye the said duke will have four men-at-arms, including his lieutenant there, who will be mounted, and the others foot; and five archers all foot. And the said duke will receive for their daily wages 12 d . for his said lieutenant, 8 d . for each of the other said men-at-arms, and 6 d . for each of the said archers; and 100 s . a quarter for himself or for his said lieutenant as a special regard. |
| Item, l'avantdit duc avera, sur la sauf garde du dit chastell de Sandegate continuelment demorantz, sis hommes d'armes, son lieutenant accontez, et dis archiers, et quatre alblastiers, trestoutz a pee. Et prendra le dit duc pour son dit lieutenant, et les autres cynque hommes d'armes, pur chescun d'eux oyt deniers le jour; pour chescun des ditz archiers, sis deniers le jour, pour lour gages; et pur chescun des ditz alblastiers, tieux gages come sount accustumez es marches illeoqes. Et prendra le dit duc pour luy, ou pour son dit lieutenant, dis livres par an, de regarde especial. | Also, for the safeguard of the said castle of Sangatte the aforesaid duke will have six men-at-arms, including his lieutenant, and ten archers and four crossbowmen, all foot, continually dwelling [there]. And the said duke will receive for their wages 8 d . a day for his said lieutenant and for each of the other five men-at-arms, and 6 d . a day for each of the said archers, and such wages as are customary in the marches there for each of the said crossbowmen. And the said duke will receive £10 a year for himself or for his said lieutenant as a special regard. |
| Item, avera le suisdit duc, sur la sauf garde du dit chastell de Bavelyngham continuelment demorantz, son lieutenant, et tresze autres hommes d'armes, dousze balastiers, et quatorsze archiers, < toutz > a pee; forspris son dit depute, qi serra a chivall. Et prendra le dit duc pur son dit lieutenaunt, dousze deniers; pur chescun homme d'armes a pee, et chescun balastier, oyt [p. iv-484][col. a] deniers; et pur chescun archier, sis deniers le jour, pur lour gages; et pour son dit lieutenant, regard accustumez pur le quartier. | Also, for the safeguard of the said castle of Balinghem the aforesaid duke will have his lieutenant and three other men-at-arms, twelve crossbowmen and fourteen archers, all on foot, continually dwelling [there]; except for his said lieutenant who will be on horseback. And the said duke will receive for their daily wages 12 d . for his said lieutenaunt, 8 d . for each man-at-arms on foot and each crossbowman, [p. iv-484][col. a] and 6 d . for each archer; and the customary regard for the quarter for his said lieutenant. |
| Et avera mesme le duc, sur la sauf garde du dit chastell de Guysnes continuelment demorantz, cynquant hommes d'armes, son lieutenaunt accontez, et cynquant archiers, toutz a pee; forspris son dit lieutenant, qi serra a chival. Et prendra le dit duc pur son dit lieutenant, deux souldz le jour; pur chescun des ditz hommes d'armes a pee, oyt deniers le jour; et pur chescun des ditz archers, sys deniers le jour, pour lour gages; et pour luy mesmes, ou son dit lieutenant, dys marcs le quarter, de regarde especial. Et voet nostre dit seignur le roy, qe s'il aviegne qe les suisditz ville, chastelx et marchies, soient en guerre, qe Dieu ne vuille, come il estoient en temps quant pour ycelles endentures de guerre feurent faitz; q'adonqes avera le dit duc, tant de gentz d'armes, alblastiers, archiers, et autres gentz a chival, come avoient les capitaignes des dites ville et chastelx, et marchies, en temps de guerre. Et semblablement, tant de gentz a pee, come les ditz capitaignes es ditez ville, chastelx et marches dessuisdites, avoient en temps de guerre a pee. Et prendra le dit duc, en icelle temps de guerre, de nostre dit seignur le roi, tielx gages et regardes pur luy mesmes, et icelles hommes d'armes, alblastiers, archiers, et autres gentz d'armes, a chival et a pee, come purra apparoir par les endentures sur ceo faitz, prendrent en temps de guerre les ditz capitaignes des ditz ville, chastelx et marches, pur eux, et les gentz d'armes, alblastiers, archiers, et autres gentz de lour retenues, a chival et a pee. Et auxi avera le dit duc, en temps de pees, son estate, et les regardes, par manier come avoient autres capitaignes par force de lour endentures, sur la sauf garde de les ville et chastelx dessuis declarez; et pareillement en temps de guerre, tielx regardes et droitures, come avoient les capitaignes devauntditz en temps de guerre; en partie du paiement et en deduction des queux gages et regardes, avera le dit duc tansoulement en temps de pees, toutz les issues, profitz, revenues et autres commoditees, en queconqe maner a nostre dit seignur le roi illeoqes, sibien deins la dite ville de Caleys come dehors, et generalment de toutz les seignuries, chastelaines, terres, tenementz, et choses queconques par toutz les ditz merchies a nostre dit seignur le roi appurtenantz, le dit terme durant; assavoir, toutz les issues, profitz et autres commoditees, de la dite ville de Caleys dedeins et < dehors, > par eawe < ou > par terre, appurtenantz; et toutz les autres chastelaines, seignuries, terres, tenementz, possessions, ovesqe toutz les issues, profitz et revenues des ditz marchies, par terre ou par eawe au roi appurtenantz, a receivers par ses mains propres, a mesme la pris et value, come le roy ent est, et serra responduz d'icelle, pur l'anne commenceant de la fest de Seint Michell, l'an du reigne du roy nostre dit soverain seignur noefisme, jusqes a mesme le fest de Seint Michell delors proschein ensuant, saunz ent rendre au roi autre accompte; desquelles issues, profitz, revenues, commoditees, chastellaines, terres, tenementz, et toutz choses dessuisdites, ainsi a bailliers au dit duc, en paiement et deduction des ditz gages et regardes, luy serront faitz < par > le roi bones et sufficeantz lettres patentz desoubz son graunde seal, tieles come le dit duc, par l'advis de luy et son counseill, serront raisonablement avisees et desirees. Et serra le dit duc, paiez de surpluis de mesmes les gages et regardes de temps en temps, par les mains du dit tresorer de Caleys pour le temps esteant. Et ferra nostre dit seignur le roi, bien et raisonablement reparailler et amender, de temps en temps durant le dit terme, sibien la dite ville et chastel de Caleys, come toutz les autres chastelx es dites marchies, ovec tielx reparations et amendementz qe serront utiles et accustumes. Et avera le dit duc, sufficeant eskippeson a son primer passage, pour [col. b] luy, et pour ceux queux il amesnera hors d'Engleterre, de gens d'armes et archiers dessuisditz, en alantz devers mesmes les ville et chastelx, et aussi repassage, a la fin de son terme, quaunt il serra dischargez de les gardes avauntdites. Et serront toutz les suisditz gentz, a lour departier de la suisdite ville, et a lour revenue a icelle, tout dys sicome ils departiront et reviendront, veuz de temps en temps par les tresorer et countrerollour de Caleys pur le temps esteans, et lour vacatz et lour revenues mys en escript, ovec les defautes si ascuns y soient, par mesmes les tresorer et countrerolleur. Et en oultre, serra le dit duc tenuz d'avoir a chescun des ditz garnisons, severalx lieutenantz, et ferra de eux et de ses dites retenues, monstres de temps en temps devant les ditz tresorer et contrerolleur, ou autres persones qe serront a ce < deputez > par nostre dit seignur le roi, quaunt et si sovent come le dit duc ent serra, ou ses ditz lieutenantz serront duement garniz et requiz, durant le terme avauntdit: les queux tresorer et countrerolleur, prendrent devers eux en escript les nouns de toutz les gentz de les retenues du duc avantdit. Et le dit duc ne delivera ne baillera les suisditz ville, tour et chastelx, ne nulles d'icelx, a aucune persone du monde, forsqe a nostre dit seignur le roi, et a ses heirs, roys d'Engleterre, ou a lour certain et expresse commaundement, par lour lettres desoubz lour graunde seal; purveu toutesvoies, qe si dedeins le dit terme, ascun autre persone notable, tiel come semblera au roi nostre dit seignur et son counseill sufficeant pour la sauf garde des ville et chastelx dessuisditz, se offre de prendre, pour le bien du roi, la garde d'iceulx ville et chastelx, a meindre price qe fait le dit duc par vertu de ses endentures, qe alors on le ferra savoir et notifier au dit duc, c'est assavoir, s'il le vorra garder en mesme la fourme, preignant de ce garnissement d'un quarter d'un an, et s'il les veult garder en mesme la fourme, il avera la garde d'iceulx devaunt ascune autre persone, durant le dit terme, et si noun, lors bien lirra au roi nostre dit seignur, la garnissement de quarter d'un an fait au dit duc, d'ordeigner autre capitaine illeoques tiel come luy plerra, non obstantz ces presentes endentures. En tesmoignance etc. | And for the safeguard of the said castle of Guînes the same duke will have continually dwelling [there] 50 men-at-arms, including his lieutenaunt, and 50 archers, all foot except for his said lieutanant who will be mounted. And the said duke will receive for their wages 12 d . a day for his said lieutenant, 8 d . a day for each of the said foot men-at-arms, and 6 d . a day for each of the said archers; and 10 marks the quarter for himself or his said lieutenant as a special regard. And our said lord the king wills that if it happens that the aforesaid town, castles and marches shall be in a state of war, which God forbid, as they were when indentures of war were made, that then the said duke will have as many men-at-arms, crossbowmen, archers and other soldiers on horseback as the captains of the said town, castles and marches had in a time of war, and similarly as many foot-soldiers as the said captains of the said town, castles and aforesaid marches had in a time of war. And in time of war the said duke will receive from our said lord the king such wages and regards for himself and those men-at-arms, crossbowmen, archers, and other soldiers, mounted and foot, which the said captains of the said town, castles and marches received in a time of war for themselves and the men-at-arms, crossbowmen, archers and the other soldiers, mounted and foot in their retinues, as will be clear from the indentures made thereupon. And the said duke will also have his estate and the regards in a time of peace in the manner which other captains had by force of their indentures made on the safeguard of the above-mentioned town and castles; and similarly such regards and rights in a time of war as the aforesaid captains have had in a time of war; in part payment and in deduction of which wages and regards the said duke will have, in time of peace only, all the issues, profits, revenues and other commodities pertaining in any way to our said lord the king there both in the said town of Calais and outside the same, and generally in all the lordships, castellries, lands, tenements, and anything pertaining to our said lord the king throughout the said marches during the said term; namely, all the issues, profits and other commodities in and outside the said town of Calais by water or by land pertaining; and all the other castellries, lordships, lands, tenements, possessions, with all the issues, profits and revenues of the said marches pertaining on land or on water to the king, to be received by his own hands at the same price and value as the king had thereupon and as were due, in the year beginning at Michaelmas in the ninth year of the reign of our said sovereign lord the king [29 September 1430] until the same Michaelmas next following, without rendering another account to the king thereupon; concerning which aforesaid issues, profits, revenues, commodities, castellries, lands, tenements, and the other things thus to be delivered to the said duke in payment and deduction of the said wages and regards there will be made to him by the king good and sufficient letters patent under his great seal, such as the said duke will be reasonably advised and desired by the advice of his counsel. And the said duke will be paid from the rest of the same wages and regards from time to time by the hands of the said treasurer of Calais at the time. And our said lord the king will cause both the said town and castle of Calais and all the other castles in the said marches to be well and reasonably repaired and improved from time to time during the said term by such repairs and improvements as are useful and customary. And the said duke will have sufficient shipping for his first crossing for [col. b] himself and for the men-at-arms and archers whom he takes out of England in going to the same town and castles, and also for returning at the end of his term when he will be discharged of the aforesaid custodies. And all the aforesaid men will be reviewed from time to time by the treasurer and controller of Calais at the time on their departures for the said town and on their return from it as well as if they leave or return to it at any point, and their absences and their gains of war put in writing along with their defaults, if there are any, by the same treasurer and controller. And in addition, the said duke will be obliged to have several lieutenants at each of the said garrisons, and have musters taken of them and of their said retinues from time to time before the said treasurer and controller, or before other persons who will be appointed for this by our said lord the king, when and as often as the said duke or his said lieutenants are duly ordered and required during the aforesaid term: which treasurer and controller will collect in writing from them the names of all the men in the retinues of the aforesaid duke. And the said duke will not deliver or hand over the aforesaid town, tower and castles, or any of them, to any person in the world except to our said lord the king and to his heirs kings of England, or at their certain and express command by their letters under their great seal; provided always that if within the said term any other prominent person, such as will seem sufficient to our said lord the king and his council for the safeguard of the aforesaid town and castles, will offer himself to take on, for the profit of the king, the custody of that town and those castles at less cost than the said duke has done by virtue of his indentures, that then the duke will be informed and notified as to whether he wishes to have the keeping of it in the same form, taking this arrangement for one quarter of a year, and if he wishes to have the keeping of them in the same form he will have the custody of them in preference to any other person during the said term, and if not, then it will be fully lawful for our said lord the king, the arrangement for the quarter having been given to the duke, to appoint another captain there such as will please him, notwithstanding these present indentures. In witness etc. |
| Qua quidem copia, in parliamento predicto audita plenius et intellecta, habitaque inde deliberatione matura, et auditis dictorum dominorum singillatim rationibus, tandem ex eorum assensu pariter et consensu, concordatum fuit et ordinatum, quod prefatus dux haberet custodiam dictorum ville et castri Cales', ac turris et aliorum castrorum et dominii predictorum, usqe ad finem novem annotum extunc proximo sequentium, juxta formam et effectum copie supradicte; quodque indenture inde sub privato sigillo, juxta tenorem predicte copie, inter ipsum dominum regem, et prefatum ducem, pro predicto termino novem annorum, ac commissiones et alia waranta in hac parte necessaria et oportuna, sub eodem sigillo regis fiant, prout ante hec tempora in casu consimili fieri consuevit. Presentibus tunc ibidem dominis subscriptis, videlicet, archiepiscopo Cantuar'; ac London', Dunelm', Bathon', cancellario, Lincoln', Sarum, Assaven', Meneven', et Roff', episcopis; necnon Huntyngdon', Stafford', Sarum et Northumbr', comitibus; abbatibus de Abyndon' et de Bello; necnon dominis de Audeley, Ponynges, Fauconberge, Fitz Hugh, Crumwell, thesaurario, Hungerford, Tiptoft et de Faunhope. | Which copy having been fully heard and understood in the aforesaid parliament, and with mature deliberation having taken place thereupon, and with the arguments of each of the said lords having been heard, it was finally agreed and ordained with the equal assent and consent of them that the aforesaid duke should have custody of the said town and castle of Calais and of the aforesaid tower and other castles and lordships until the end of the nine years then following, according to the form and effect of the abovesaid copy; and that the indenture should be made thereupon under the privy seal, according to the tenor of the aforesaid copy, between the lord king himself and the aforesaid duke for the aforesaid term of nine years, and commissions and other necessary and suitable warrants in this regard under the same king's seal, as have been accustomed to be issued in the past in similar cases. The lords noted below being then present there, namely, the archbishop of Canterbury, and the bishops of London, Durham, Bath, the chancellor, Lincoln, Salisbury, St Asaph, St David's and Rochester; and also the earls of Huntingdon, Stafford, Salisbury and Northumberland; the abbots of Abingdon and of Battle; and also Lords Audley, Poynings, Fauconberg, FitzHugh, Cromwell, the treasurer, Hungerford, Tiptoft and Fanhope. |
| [memb. 6] | |
| Pro Willelmo Estfeld et aliis. | On behalf of William Estfeld and others. |
| 11. Memorandum quod cum dilecti regis Willelmus Estfeld, Hamo Sutton, et Hugo Dyke, summam octo milium marcarum, pro defensione regni sui Anglie, sibi gratis mutuaverint, eidem domino regi supplicando ut securitatem resolutionis summe predicte [p. iv-485][col. a] eisdem creditoribus suis, ac aliis quos ad hoc duxerint nominandisu, fieri facere dignaretur: prefatus dominus rex supplicationi predicte, tanquam juri consone, favorabiliter inclinatus, volensque pro resolutione dicte summe eisdem creditoribus suis fideliter facienda, disponere et ordinare, ut tenetur; de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento existentium, ac ad specialem requisitionem et < nominationem > < creditorum > < regis predictorum > , voluit, concessit et ordinavit, quod venerabiles patres Henricus cardinalis Anglie ac episcopus Wynton', Johannes archiepiscopus Ebor', Willelmus episcopus Norwici, ac dilectus et fidelis regis Radulphus dominus Crumwell miles, ac prefati creditores sui, ad usum ipsorum creditorum habeant, recipiant et percipiant, ad receptam scaccarii ipsius regis, et heredum suorum, summam quinque milium marcarum, de dicta summa octo milium marcarum, tam de omnibus exitibus, reventionibus et proficuis omnium castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum quorumcumque, que nuper fuerunt carissimi avunculi dicti regis, Johannis nuper ducis Bedford', in quibuscumque partibus regni sui Anglie, et que per mortem ejusdem nuper ducis, ad manus prefati regis devenerunt, a festo exaltationis Sancte Crucis proximo preterito, quo die idem nuper dux diem suum clausit extremum; quam etiam de omnibus exitibus, reventionibus et proficuis omnium castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum, que nuper fuerunt carissimi consanguinei ipsius regis, Johannis nuper comitis Arundell', et que per mortem predicti nuper comitis, et ratione minoris etatis heredis ejusdem nuper comitis, ad manus dicti regis devenerunt, et in manibus suis adhuc existunt, a tempore mortis predicti nuper comitis; -exceptis exitibus, reventionibus et proficuis terrarum, tenementorum, reddituum et possessionum, que carissimis consanguineis regis ducisse Bedford', et comitisse Arundell', vel earum alteri, in dotem contingent assignari, postquam sic assignata fuerint, - per manus receptorum, firmariorum vel occupatorum quorumcumque predictorum castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum pro tempore existentium, ad terminos Pasche et Sancti Michaelis, quamdiu terre et tenementa illa in manu ipsius regis contigerint remanere; quousque prefatis cardinali, archiepiscopo, episcopo et Radulpho, ac creditoribus predictis, ad usum ipsorum creditorum, de dicta summa quinque milium marcarum plenarie fuerit satisfactum. Ac etiam .m. marcas, de eadem summa octo milium marcarum, de quibuscumque exitibus, proficuis et reventionibus, de ducatu ipsius regis Cornub' provenientibus, per manus receptoris sui, et heredum prefati regis ducatus sui predicti pro tempore existentium; necnon duo milia marcarum residua, de thesauro ipsius regis, et heredum suorum, ad receptam scaccarii supradicti: quodque littere ipsius domini regis patentes inde fierent prefatis creditoribus, sub magno sigillo suo, in forma subsequenti: | 11. Be it remembered that whereas the king's dear William Estfeld, Hamo Sutton and Hugh Dyke have freely granted the sum of 8,000 marks to him for the defence of his realm of England, petitioning the same lord king that he might deign to cause a guarantee to be made [p. iv-485][col. a] to his same creditors, and to others whom they may wish to be named for this, for the repayment of the aforesaid sum: the aforesaid lord king, being favourably inclined towards the aforesaid petition, as concordant with right, and willing for repayment of the said sum to be made faithfully to his same creditors, as is said, with the advice and assent of the lords spiritual and temporal assembled in the present parliament, and at the special request and supplication of the aforesaid king's creditors, has willed, granted and ordained that the venerable fathers Henry, cardinal of England and bishop of Winchester, John, archbishop of York, William, bishop of Norwich, and the king's dear and faithful Ralph, lord Cromwell, knight, and his aforesaid creditors, shall have, receive and take for the use of the creditors themselves at the receipt of exchequer of the king himself, and of his heirs, the sum of 5,000 marks from the said sum of 8,000 marks both from all issues, revenues and profits of all castles, manors, lordships, lands, tenements and possessions whatsoever which recently belonged to the said king's dearest uncle John, late duke of Bedford, in any regions of his realm of England, and which have come into the hands of the aforesaid king by the death of the same late duke on the feast of the exaltation of the Holy Cross last, on which day the same late duke died [14 September 1435]; and also from all issues, revenues and profits of all castles, manors, lordships, lands, tenements and possessions which recently belonged to the dearest kinsman of the king himself John, late earl of Arundel, and which have come into the said king's hands by the death of the aforesaid late earl and by reason of the minority of the same late earl's heir, from the time of the aforesaid late earl's death, and are still in his hands; - except for the issues, revenues and profits of the lands, tenements, rents and possessions which happen to be assigned in dower to the king's dearest kinswomen, the duchess of Bedford and the countess of Arundel, or either of them, after they were thus assigned, - by the hands of any receivers, farmers or occupiers of the aforesaid castles, manors, lordships, lands, tenements and possessions at the time at the terms of Easter and Michaelmas as long as those lands and tenements happen to remain in the hands of the king himself; until the aforesaid cardinal, archbishop, bishop and Ralph, and the aforesaid creditors, will have been fully satisfied concerning the said sum of 5,000 marks for the use of the creditors themselves. And also 1,000 marks from the same sum of 8,000 marks from any issues, profits and revenues issuing from the duchy of Cornwall of the king himself by the hands of his receiver, and of the heirs of the aforesaid king of his aforesaid duchy at the time; and also the remaining 2,000 marks from the treasury of the king himself and of his heirs at the receipt of the abovesaid exchequer: and that letters patent of the lord king himself shall be made thereupon to the aforesaid creditors under his great seal, in the following form: |
| Rex, omnibus ad quos etc. salutem. Sciatis quod cum dilecti nobis < Willelmus > Estfeld, Hamo Sutton', et Hugo Dyke, summam octo milium marcarum, pro defensione regni nostri Anglie, nobis gratis mutuaverint, nobis supplicando ut securitatem resolutionis summe predicte eisdem creditoribus nostris, ac aliis quos ad hoc duxerint nominandis, fieri facere dignaremur. Nos supplicationi predicte, tanquam juri consone, favorabiliter inclinati; volentesque pro resolutione dicte summe eisdem creditoribus nostris fideliter facienda, disponere et ordinare, ut tenemur; de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento existentium, ac ad specialem requisitionem et nominationem creditorum nostrorum predictorum, volumus, concedimus et ordinamus, quod venerabiles patres [col. b] Henricus cardinalis Anglie ac episcopus Wynton', Johannes archiepiscopus Ebor', Willelmus episcopus Norwici, ac dilectus et fidelis noster Radulphus dominus Crumwell miles, ac prefati creditores nostri, ad usum ipsorum creditorum habeant, recipiant et percipiant, ad receptam scaccarii nostri, et heredum nostrorum, summam quinque milium < marcarum, > de dicta summa octo milium marcarum, tam de omnibus exitibus, reventionibus et proficuis omnium castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum quorumcumque, que nuper fuerunt carissimi avunculi nostri, Johannis nuper ducis Bedford', in quibuscumque partibus regni nostri Anglie, et que per mortem ejusdem nuper ducis ad manus nostras devenerunt, a festo exaltationis Sancte Crucis proximo preterito, quo die idem nuper dux diem suum clausit extremum; quam etiam de omnibus exitibus, reventionibus et proficuis omnium castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum, que nuper fuerunt carissimi consanguinei nostri, Johannis nuper comitis Arundell, et que per mortem predicti nuper comitis, et ratione minoris etatis heredis ejusdem nuper comitis, ad manus nostras devenerunt, et in manibus nostris adhuc existunt, a tempore mortis predicti nuper comitis; - exceptis exitibus, reventionibus et proficuis terrarum, tenementorum, reddituum et possessionum, que carissimis consanguineis nostris, ducisse Bedford', et comitisse Arundell, vel earum alteri, in dotem contingent assignari, postquam sic assignata fuerint, - per manus receptorum, firmariorum vel occupatorum quorumcumque, predictorum castrorum, maneriorum, dominiorum, terrarum, tenementorum et possessionum pro tempore existentium, ad terminos Pasche et Sancti Michaelis, quamdiu terre et tenementa illa in manu nostra contigerint remanere; quousque prefatis cardinali, archiepiscopo, episcopo et Radulpho, ac creditoribus predictis, ad usum ipsorum creditorum, de dicta summa quinque milium marcarum plenarie fuerit satisfactum. Ac etiam .m. marcas, de eadem summa octo milium marcarum, de quibuscumque exitibus, proficuis, reventionibus, de ducatu nostro Cornub' provenientibus, per manus receptoris nostri, et heredum nostrorum ducatus nostri predicti pro tempore existentium: necnon duo milia marcarum residua, de thesauro nostro, et heredum nostrorum, ad receptam scaccarii supradicti. Et quod thesaurarius Anglie pro tempore existens, ad receptam ejusdem scaccarii, tot et tales tallias, tam super predictos receptores, firmarios vel occupatores dictorum terrarum et tenementorum, que fuerunt predictorum nuper ducis et comitis, et eorum quemlibet, usque ad dictam summam < quinque > milium marcarum, quam super prefatum receptorem dicti ducatus Cornub', de dicta summa .m. marcarum, quot et quales eisdem cardinali, < archiepiscopo, > episcopo et Radulpho, ac [...] creditoribus predictis, ad usum ipsorum creditorum necessarie fuerint et oportune levari faciat; iidemque receptores, firmarii vel occupatores, et eorum quilibet, summas super ipsos, et quemlibet ipsorum, per tallias hujusmodi assignatas, eisdem cardinali, archiepiscopo, episcopo et Radulpho, ac creditoribus predictis, vel eorum alicui, ad usum eorumdem creditorum, de exitibus, reventionibus et proficuis predictis, exceptis preexceptis, virtute talliarum predictarum fideliter solvant seu solvi faciant: necnon in compotis suis ad scaccarium predictum, de summis per ipsos, et eorum quemlibet, virtute hujusmodi talliarum sic solvendis, absque aliquo alio waranto inde prosequendo, erga nos et dictos heredes nostros quieti sint, et penitus exonerati imperpetuum; aliqua assignatione, ordinatione seu restrictione, ante hec tempora in contrarium facta seu de cetero faciendis non obstante. Et insuper, volumus, concedimus et ordinamus, pro nobis et dictis heredibus nostris, quod prefati receptores, firmarii vel occupatores dictorum terrarum et tenementorum, que [p. iv-486][col. a] fuerunt predictorum nuper ducis, et comitis, vel eorum aliquis, ad alias solutiones quascumque, de exitibus, reventionibus et proficuis eorumdem terrarum et tenementorum, quousque prefati cardinalis, archiepiscopus, episcopus et Radulphus, et creditores predicti, ad usum ipsorum creditorum, de dicta summa quinque milium marcarum, de eisdem exitibus, [...] < reventionibus > [...] et proficuis terrarum et tenementorum predictorum; aut prefatus receptor Cornub', aliquas alias hujusmodi solutiones de dictis exitibus, reventionibus et proficuis dicti ducatus Cornub', quousque iidem cardinalis, archiepiscopus, episcopus et Radulphus, de dicta summa .m. marcarum, de exitibus ejusdem ducatus Cornub' plenarie persolvantur, cuicumque alteri persone, virtute alicujus assignationis sibi, de exitibus, reventionibus et proficuis predictis, aut aliqua parcella eorumdem, facte seu faciendo, aut alicujus mandati nostri, vel heredum nostrorum, eisdem receptoribus, firmariis vel occupatoribus, vel eorum alicui, directi vel dirigendi, faciend' nullatenus compellantur; nec iidem cardinalis, archiepiscopus, episcopus et Radulphus, nec creditores predicti, nec eorum heredes, executores aut assignati, nec terrarum tenentes sui, ad computandum sive respondendum nobis, heredibus vel successoribus nostris, in scaccario nostro, heredum vel successorum nostrorum, de receptione summarum eis, vel eorum alicui, pro resolutione dicte summe octo milium marcarum, per prefatos receptores, firmarios vel occupatores, vel eorum aliquem, aut ad receptam dicti scaccarii de thesaurario predicto, sic solvendarum vel deliberandarum, aliqualiter imposterum onerentur vel compellantur, eorumve aliquis compellatur vel oneretur, set easdem summas habeant et teneant, ac eis gaudeant, juxta formam et effectum concessionum et ordinationum nostrarum predictarum, absque < impetitione, molestatione > vel gravamine nostri, heredum vel successorum nostrorum, aut executorum nostrorum, vel aliorum quorumcumque. Volumus etiam et concedimus, pro nobis, et dictis heredibus nostris, de avisamento et assensu predictis, quod si presens concessio, assignatio et securitas prefatis cardinali, archiepiscopo, episcopo et Radulpho, et creditoribus predictis, minus sufficiens et invalida inveniatur, decernatur vel existat, tunc thesaurarius Anglie pro tempore existens, tales tantas et tam bonas securitates ex parte nostra, pro dicta summa octo milium marcarum, prefatis cardinali, archiepiscopo, episcopo et Radulpho, ac creditoribus predictis, ad usum ipsorum creditorum, fieri facias, quantas et quales eisdem cardinali, archiepiscopo, episcopo et Radulpho, ac creditoribus predictis, videbitur fore acceptabiles, bonas, sufficientes et validas pro resolutione mutui < supradicti. > In cujus etc. Teste rege apud Westm', secundo die Decembris. | The king to all to whom etc., greeting. Know that whereas our dear William Estfeld, Hamo Sutton and Hugh Dyke who have freely loaned to us the sum of 8,000 marks for the defence of our realm of England, have petitioned to us that we might deign to cause a guarantee to be made for the repayment of the aforesaid sum to our same creditors, and to others whom they may wish to name for this. Being favourably inclined towards the aforesaid petition, as concordant with right, and willing to provide and ordain for repayment of the said sum to be made faithfully to our same creditors, as we are bound; with the advice and assent of the lords spiritual and temporal assembled in the present parliament, and at the special request and petition of our aforesaid creditors, we have willed, granted and ordained that the venerable fathers [col. b] Henry, cardinal of England and bishop of Winchester, John, archbishop of York, William, bishop of Norwich, and our dear and faithful Ralph, lord Cromwell, knight, and our aforesaid creditors, shall have, receive and take for the use of the creditors themselves at the receipt of our exchequer, and that of our heirs, the sum of 5,000 marks from the said sum of 8,000 marks both from all issues, revenues and profits of all castles, manors, lordships, lands, tenements and possessions whatsoever which recently belonged to our dearest uncle John, late duke of Bedford, in any regions of our realm of England, and which have come into our hands by the death of the same late duke on the feast of the exaltation of the Holy Cross last, on which day the same late duke died [14 September 1435]; and also from all issues, revenues and profits of all castles, manors, lordships, lands, tenements and possessions which recently belonged to our dearest kinsman John, late earl of Arundel, and which have come into our hands by the death of the aforesaid late earl and by reason of the minority of the same late earl's heir, from the time of the aforesaid late earl's death, and are still in our hands; - except for the issues, revenues and profits of the lands, tenements, rents and possessions which happen to be assigned in dower to our dearest kinswomen, the duchess of Bedford and countess of Arundel, or either of them, after they were thus assigned, - by the hands of any receivers, farmers or occupiers of the aforesaid castles, manors, lordships, lands, tenements and possessions at the time at the terms of Easter and Michaelmas as long as those lands and tenements happen to remain in our hands; until the aforesaid cardinal, archbishop, bishop and Ralph, and the aforesaid creditors, will have been fully satisfied concerning the said sum of 5,000 marks for the use of the creditors themselves. And also 1,000 marks from the same sum of 8,000 marks from any issues, profits and revenues issuing from our duchy of Cornwall by the hands of our receiver, and of our heirs of our aforesaid duchy at the time; and also the remaining 2,000 marks from our treasury and that of our heirs at the receipt of the abovesaid exchequer. And that the treasurer of England at the time shall cause as many and such tallies to be raised at the receipt of the same exchequer both against the aforesaid receivers, farmers or occupiers of the said lands and tenements which belonged to the aforesaid late duke and earl, or either of them, up to the said sum of 5,000 marks, and against the aforesaid receiver of the said duchy of Cornwall for the said sum of 1,000 marks, as many and of such kind as will be necessary and advantageous to the same cardinal, archbishop, bishop and Ralph, and the aforesaid creditors; and the same receivers, farmers or occupiers, and each of them, shall faithfully pay or cause the sums assigned against them themselves, and each of them, by such tallies to be paid to the same cardinal, archbishop, bishop and Ralph, and to the aforesaid creditors, or any of them, for the use of the same creditors, from the aforesaid issues, revenues and profits, save for the previous exceptions, by virtue of the aforesaid tallies: and they shall also be quit and fully discharged forever in their accounts at the aforesaid exchequer of the sums thus to be paid by them, and each of them, by virtue of such tallies, without suing for any other warrant thereupon towards us and our said heirs; notwithstanding any assignment, ordinance or restriction made to the contrary in the past or to be made in the future. And we will, grant and ordain in addition for us and our said heirs that the aforesaid receivers, farmers or occupiers of the said lands and tenements which [p. iv-486][col. a] belonged to the aforesaid late duke and earl, or either of them, shall not be compelled to make any other payments from the issues, revenues and profits of the same lands and tenements until the aforesaid cardinal, archbishop, bishop and Ralph, and the aforesaid creditors, to the use of the said creditors, of the said sum of 5,000 marks from the issues, revenues and profits of the lands and tenements aforesaid, nor shall the aforesaid receiver of Cornwall, make or cause any other such payments to be made from the said issues, revenues and profits of the said duchy of Cornwall by virtue of any assignement to any other person from the issues, revenues and profits aforesaid or any part therefor, or by any other mandate of us or of our heirs sent or directed to the said receiver, farmers or occupiers or any of them, until the same cardinal, archbishop, bishop and Ralph are fully paid the said sum of 1,000 marks from the issues of the duchy of Cornwall, neither shall the same cardinal, archbishop, bishop and Ralph, nor the aforesaid creditors, neither their heirs, executors or assigns, nor their land-tenants, be bound or compelled, nor shall any of them be compelled or bound, to account or be answerable in any way hereafter to us, our heirs or successors in our exchequer or that of our heirs or successors for the receipt of the sums thus to be paid and delivered to them, or any of them, for the repayment of the said sum of 8,000 marks by the aforesaid receivers, farmers or occupiers, or any of them, or from our aforesaid treasury at the receipt of the said exchequer, but they shall have and hold, and enjoy the same to them according to the form and effect of our aforesaid grant and ordinance, without the prevention, trouble or oppression of us, our heirs or successors, or our executors, or any other person. We also will and grant for us and our said heirs, with the aforesaid advice and assent, that if the present grant, assignment and guarantee to the aforesaid cardinal, archbishop, bishop and Ralph, and to the aforesaid creditors, is found or discovered to be insufficient and invalid, or actually is so, then the treasurer of England at the time shall cause such, as many and so good guarantees to be made on our behalf for the said sum of 8,000 marks to the aforesaid cardinal, archbishop, bishop and Ralph, and to the aforesaid creditors, for the benefit of the creditors themselves, as and of such kind as will seem to be acceptable, good, sufficient and valid for the repayment of the abovesaid loan to the same cardinal, archbishop, bishop and Ralph, and to the aforesaid creditors. In [witness] of which etc. Witnessed by the king at Westminster, 2 December. |
| [memb. 5] | |
| Concessio subsidii de .c. s. terre etc. | The grant of subsidy of 100 s . of land etc. |
| 12. Memorandum quod vicesimo tertio die Decembris, anno presenti, communes presentis parliamenti, coram ipso domino rege comparentes, per prelocutorem suum in eodem parliamento declarabant, qualiter ipsi ad honorem Dei, et ob grandem amorem et internam affectionem, quam erga ipsum dominum regem dominum Henricum, Dei gratia, regem Anglie et Francie, et dominum Hibernie, sextum, specialiter habebant et gerebant; concesserunt eidem domino regi, pro defensione regni sui Anglie, quoddam subsidium, prout in quadam cedula indentata inde per prefatos communes confecta, et prefato domino regi tunc ibidem deliberata, solvendum: cujus quidem cedule tenor sequitur in hec verba: | 12. Be it remembered that on 23 December in the present year the commons of the present parliament who were assembled before the lord king declared through their speaker in the same parliament how they themselves, for the honour of God and on account of the great love and complete affection which they have and bear in particular towards the lord king the lord Henry, by God's grace, the sixth king of England and France and lord of Ireland, had granted to the same lord king for the defence of his realm of England a certain subsidy as appears in a certain indented schedule made thereupon by the aforesaid commons, and then delivered there to be paid to the aforesaid lord king: the tenor of which schedule follows in these words: |
| To the worship of God, and for the grete love and entier affection, the which we your poore communes of this your noble roialm, have to you our soverain lord Kyng Henri the sext, by the assent of your lordes spirituell and temporell, in this your present parleament beyng, holdyn at Westm' the .x. day of Octobre, the yere [col. b] of your regne the .xiiij., by auctorite of the same parleament, graunte to you our seid soverain lord the kyng, for the defense of this your seide roialme, a subsidie in the maner and forme that folowyth. That is to say, that every persone seisid of maners, londes, tenementz, rentis, annuitees, offices, or of ony othir possessions temporell as of frehold in Ingelond, to his owen propre use, or of ony othir persone or persones to his use, of the yerely value of .c. s. overe the reprises and charges, paye unto yow our soverain lord, for the defense aforseyd, .ij. s. .vi. d.; and so for every hole .xx. s., sixe pens; assendyng fro the seid .c. s. unto the yerely value of an .c.li. over the charges and reprises. And that every persone seisid of maners, londes, tenementz, rentis, annuitees, offices, or ony other possessions temporell to his owen propre use, or ony othir persone or persones to his use, as of frehold, of the yerely value of .xx. s. overe the seide .c.li. in the saide lond, paye unto you for þe seide .xx. s., .viij. d.; and so for every hole .xx. s., .viij. d.; assendyng fro an .c.li. aforseid, unto the yerely value of .cccc.li. overe the reprises and charges. And that every persone seisid of maners, londes, tenementz, rentes, annuitees, offices, or ony other possessions temporell, as of freehold, to his owen propre use, or ony othir persone or persones seisid unto his use, of the yerely value of .cccc.li. and more in the seid londe, overe the charges and reprises; paye unto you for every .xx. s. of his frehold of the seide .cccc.li., .ij. s.; and so for every hole .xx. s. of his freholde, overe the seide .cccc.li., .ij. s.; assending fro the seide .cccc.li. unto the hyest value of ther maners, londes, tenementz, rentis, annuitees, offices, or other possessions temporell, wherof that they been seisid as of freholde. And that the money of the seide graunte comyng, be reryd in the maner and forme that folwyth: that is to sey, that the chaunceller of Ingelond for the tyme beyng, sende certeins commissions on your behalfe into every shire of Ingelond, to certeins sufficeantz persones by your counseill to be nemyd, giffyng hem power to enquere of every persone beyng seisid of maners, londes, tenementz, rentis, annuitees, offices, or ony other possessions temporell in Ingelond seisid as of frehold to here owen propre use, or ony persone or persones to her use withynne the seide shires, of the yerely value of .c. s. overe the charges and reprises; and thereopon to make proclamation, that alle suche persones seisid of maners, londes, tenementz, rentis, annuitees, offices, or ony othir possessions temporel in Ingelond, of the yerely value of an .c. s. in the maner and forme aforeseid, in the seid shires conversant, seisid of londes or tenementz within Ingelond, under the astat of baron and baronesse, appere afor the seide commissioners at certeins day and place by theym to be lymytid, there to be examined and sworn of their freholde aforseid; and that the saide commissioners, have power to examyne thaym that shall appere afore thaym of their frehold aforseid, and there to be chargyd of thair seid frehold aftir the forme of þe seide graunte, accordyng to their examynation aforseid; and the seide examination to certifie afore you in youre escheqer; and the seide commissioners, the namys of alle such persones resceantz in the seide shires or conversantz, not apperyng afore theym to certifie in your escheqer, and proces to be made agayn thaym, there to appere and be examined, and sworn of their frehold aforseid; and the tresorer and barons of your escheker, to examyne theym be their othe of their seide frehold, and they to be charged therof aftir the forme of the seide graunte, accordyng to their examynation so made. And that alle persones of the astate of baron and baronesse, and every estate above, be examyned of their frehold aforseid, afor your chaunceller and tresorer for the tyme beyng, or othir persones by your auctorite to be lymyted, and thei to be charged aftir [p. iv-487][col. a] the forme of the seide graunte, accordyng to their examination aforseid; so that no persone so onys examyned as it is above seide, be not compellyd to non othir examination for the seide graunte; the payement herof to be made to you our soveraign lord, at þe quinszisme of Esterne next comyng; alwey seen, that no man beyng in this present parlement for eny shire, citee or burgh, ne be not made commissioner, koyllour, ne put in inquisition in this party in no wise. And that alle the persones at the tyme of the seide examynation, in the forme above wretyn to be made, beyng in prison, or beyonde the see, that thanne it shall bee lefull to the seide commissioners, or to the seide barons of the escheker, to resceive and take examination of the seide persones, so beyng in prison or beyonde the see, by their attourne or depute, havyng londes and tenementz to the yerely value of .c. s.; and also aftir suche examination made, no persone so examyned shall be chargyd by hym, ner by noon othir to be eftsones examyned: and that no persone be chargeable ner chargid to make non oth, ner to be examyned, aftir the feste of Seint Michell next comyng, by vertu or by auctorite of this graunte, or ony thyng dependant therof. Alwey forseyn, þat no persone espirituell, be chargyd be this forseide graunte, of any manoirs, londes, tenements, rentes, annuitees, offices, or ony other possessions temporels; savyng onely of the manoirs, londes, tenementz, rentes, annuitees, offices and possessions, purchaced or amortised, sithen the .xx. yeer of Kyng Edward the first. (fn. iv-481-60-1) | For the honour of God and for the great love and complete affection which we your poor commons of this your noble realm have towards you, our sovereign lord King Henry the sixth, by the assent of your lords spiritual and temporal assembled in this your present parliament held at Westminster on 10 October in the fourteenth year [col. b] of your reign, by the authority of the same parliament, grant to you our said sovereign lord the king for the defence of this your said realm a subsidy in the manner and form which follows. That is to say, that every person seised of manors, lands, tenements, rents, annuities, offices, or of any other temporal possession as of freehold in England, for his own personal use, or of any other person or persons for his use, of the yearly value of 100 s . over and above expenses and charges, shall pay 2 s . 6 d . to you our sovereign lord for the aforesaid defence; and thus 6 d . on every whole 20 s . above the said 100 s . up to the yearly value of £100, over and above charges and expenses. And that every person seised of manors, lands, tenements, rents, annuities, offices, or any other temporal possessions for his own personal use, or of any other person or persons for his use as of freehold, of the yearly value of 20 s . over the said £100 in the said land shall pay 8 d . to you for the said 20 s .; and thus 8 d . on every whole 20 s . above the aforesaid £100, up to the yearly value of £400 over and above expenses and charges. And that every person seised of manors, lands, tenements, rents, annuities, offices, or any other temporal possessions as of freehold for his own personal use, or of any other person or persons seised for his use of the yearly value of £400 and more in the said land, over and above charges and expenses, shall pay 2 s . to you for every 20 s . of his freehold of the said £400; and thus 2 s . for every whole 20 s . of his freehold over the said £400, above the said £400 to the highest value of their manors, lands, tenements, rents, annuities, offices, or other temporal possessions of which they have been seised as of freehold. And that the money arising from the said grant shall be raised in the manner and form which follows: that is, that the chancellor of England at the time shall issue certain commissions on your behalf to every county of England to certain sufficient persons to be named by your council, giving them power to inquire from every person who is seised of manors, lands, tenements, rents, annuities, offices, or seised of any other temporal possessions in England as of freehold for their own personal use, or of any person or persons for their use within the said counties, of the yearly value of 100 s . over and above charges and expenses; and thereupon to make proclamation that all such persons seised of manors, lands, tenements, rents, annuities, offices, or of any other temporal possessions in England, of the yearly value of 100 s . in the aforesaid manner and form, who are living in the said counties and are seised of lands or tenements within England under the rank of baron and baroness, shall appear before the said commissioners at a certain time and place to be specified by them to be examined there and be sworn concerning their aforesaid freehold; and that the said commissioners shall have power to examine those who shall appear before them concerning their aforesaid freehold, and charge them there for their said freehold following the form of the said grant, according to their aforesaid examination; and certify the said examination before you in your exchequer; and the said commissioners shall certify the names of all such persons who dwell or live in the said counties who do not appear before them in your exchequer, and commence process against them for them to appear there and be examined, and sworn concerning their aforesaid freehold; and the treasurer and barons of your exchequer shall examine them by their oaths concerning their said freehold, and they shall be charged thereupon following the form of the said grant, according to their examination so made. And that all persons of the rank of baron and baroness, and every rank above, shall be examined concerning their aforesaid freehold before your chancellor and treasurer at the time, or other persons to be named by your authority, and they shall be charged following [p. iv-487][col. a] the form of the said grant according to their aforesaid examination; so that no person so examined as it is said above shall be compelled to undergo any other examination for the said grant; the payment of which shall be made to you our sovereign lord at the next following quinzaine of Easter [22 April 1436]; saving always that any man who is in this present parliament on behalf of any county, city or borough shall not be appointed commissioner, collector, nor put on an inquest in this regard in any way. And that with regard to all persons who are in prison or overseas when the said examination is made in the above-written form, it shall be lawful for the said commissioners, or for the said barons of the exchequer, to receive and make examination of the said persons who are thus in prison or overseas who have lands and tenements up to the yearly value of 100 s . by their attorney or deputy; and also after such an examination has been made, that no person so examined shall be charged by him, nor by any other to be examined again: and that no person shall be chargeable nor charged to make any oath, nor be examined, after the next following Michaelmas [29 September 1436] by virtue or by authority of this grant, or anything arising from it. Saving always, that no spiritual person shall be charged by this aforesaid grant for any manors, lands, tenements, rents, annuities, offices, or any other temporal possessions; saving only the manors, lands, tenements, rents, annuities, offices and possessions purchased or put into mortmain since the twentieth year of King Edward the first. (fn. iv-481-60-1) |
| Concessio decime et quintedecime. | The grant of the tenth and fifteenth. |
| 13. Item, eodem die, prefati communes, per prelocutorem suum predictum similiter declarabant, qualiter ad Dei honorem, et ob specialem affectionem quam erga prefatum illustrissimum principem et dominum nostrum dominum Henricum, Dei gratia, regem Anglie et Francie, et dominum Hibernie, specialiter gerebant et habebant; concesserunt eidem domino nostro regi, pro defensione regni sui Anglie, unam integram quintamdecimam et decimam, eidem domino regi de laicis sub certa forma, et ad certos terminos in quadam cedula indentata inde per prefatos communes confecta, et prefato domino regi tunc ibidem deliberata contentos, solvendas. Cujus quidem cedule tenor sequitur in hec verba: | 13. Item, the same day the aforesaid commons declared through their aforesaid speaker how, for the honour of God and on account of the special affection which they bear and have in particular towards the aforesaid most illustrious prince and lord our Lord Henry, by God's grace king of England and France and lord of Ireland, had granted to our same lord king for the defence of his realm of England a whole fifteenth and tenth to be paid to the same lord king by the laity under a certain form and at certain terms specified in a certain indented schedule made thereupon and then delivered to the aforesaid lord king there. The tenor of which schedule follows in these words: |
| To the worship of God, we your pore comunes, by your highe commandement comen to this youre present parlement, for the shires, citees and burghs of this your noble roialme, by the assent of the lordes espirituell and temporell, by your auctorite roiall in this youre seide parlement assembled, graunten be this present endenture to you oure soverain lorde, for the defense of this your seide roialme, a .xv. me and a .x. me of the godes moeble, of the lay poeple of this your seide roialme; except the summe of .iiij. .m.li. fully to be deducte of the summe that the seide .xv. me and .x. me atteigneth unto, in partye of relief and discharge of the poure tounes, citees and burghs, desolate, wasted or destruyed, or over gretly enpoverisshed, or elles to the seide taxe gretely charged withynne this your seide roialme; every shire of this your seide roialme, to the seide .xv. me and disme to yow 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 seide summe of .iiij. .m.li., aftur the summe that the seide shires, to the seide quinszisme and disme been assessus, evenly to bee departed; and in youre commissions direct to your collectours of the seide graunte to be depute, to be conteigned and expressud. And that afore any commission to be direct to your seide collectours, that commissions by auctorite [col. b] of this present parlement, be direct in every shire of this your seide roialme, chargeable to the seide .xv. me and .x. me , to a lorde of the seide shire, and to the .ij. knyghtes of the same shire, at this your seide parlement beyng, by retourne of the somones of this your seide parlement, gevyng theym or tweyne of theym, by youre seide commission by the auctorite aboveseide, pleyne poier and auctorite by their discretions, aswell by enquerre as elles by enquerre, lymyte, assigne and sever, particulerly aftir the summe in the seide commissions to be deducte, as it is aboveseide and expressud, every toune, citee and burgh desolate, wasted, destruyed, over gretly enpoverisshed, or to the seide taxe over gretly charged in the seide shire, the summe of his discharge by their discretions; and also that semblable commissions by the auctorite aboveseide, in every citee or burgh of this your seide roialme, chargeable to the seide .x. me , beyng a shire incorporat, be direct to a lorde, and to the .ij. citezeins or burgeises of the seide citee or burgh, by retourne of the seide somones at this your seide parlement beyng, gevyng theym or tweyn of theym, by youre seide commission by the auctorite aboveseide, semblable poier and auctorite by the discretion, aswell by enquerre as elles, to appoynte, lymyte, assigne and sever, particulerly aftir the summe in the seide commission to be deducte, as is aboveseide and expressud, every parisshe or warde desolate, wasted, destruyed, over gretely enpoverisshed, or to the seide taxe over gretely charged, in the seide shire so incorporat, the summe of his discharge by their discretion, and theruppon the seide lordes and knyghtes of shires, in every shire as they be severally assigned, or tweyne of theym, and aswell the lordes and þe citezeins of citees, as the lordes and burgeises of burghs beyng shires incorporat, or tweyne of theym, as thei be severally assigned, as it is aboveseide, under their lettres, and ensealud with their sealx, to certefie to your collectours of the seide taxe, the tounes, citees, burghs, parisshes and wardes, and the summes of theym so to be discharged; and that the seide, by force of the same certificat, sursease of eny leve to make, of eny suche toune, citee, burgh, parissh or warde, as for the summe so certified to be discharged: and that every suche toune, citee, burgh, parisshe and warde, of the seide summe ayenst you be quyte and discharged. And that by þe seide certificates, the seide collectours of the taxe aforseid, of the seide summes so certified uppon their accomptz have due allowance; and therof ayenst you and youre heirs, aswell they as the seide tounes, citees, burghs, parisshes and wardes, be quyte and discharged for all dayes: alwey forseyn, that the seide certificats, ne excede not the summe withynne the same shire to be deduct appoyntud. And also except þat the lay poeple of the toune of Andever, to the paiement of þe seide .xv. me and .x. me , or eny thyng therof, nor the lay poeple of the citee of Lincoln, ne none of theym, by force of the graunte aforseid, to the paiement of the halfe of the seide .xv. me and .x. me , or eny thyng of the same halfe .xv. me and .x. me , by force of þe seide graunte, in eny wise be artud or compellud, but that all the seide poeple of the seide toune of Andever, and everiche of theym, of the paiement of the seide .xv. me and .x. me and every parcell therof; and all the seide poeple of the seide citee, and everiche of theym, of the paiement of the seide halfe .xv. me and .x. me and every parcell therof, ayenst you our soverain lorde and your heirs, been uterly quite and discharged; the seide .xv. me and .x. me , except afore except, to be arerud and paied in the maner and forme accustumed, to you our soverain lorde, in the maner and fourme that foloweth. That is to sey, the fourth part therof, except afore except, at the fest of Pentecost next comyng; and other fourth part therof, except afore except, at the fest of Seint Martyn in [p. iv-488][col. a] wynter next comyng aftur that; the thridde fourth part therof, except afore except, at the fest of Pentecost thanne next folowyng; and the remenant of the seide .xv. me and .x. me , that is to sey the last fourth part therof, except afore except, at the fest of Seynt Martyn in wynter than next folowyng: and the halfe of the seide .x. me , paiable of the seide citee of Lincoln, to be arerud and paied at þe festes aboveseide, by evyn portions. (fn. iv-481-65-1) | For the honour of God, we your poor commons who have come to this your present parliament by your high command on behalf of the counties, cities and boroughs of this your noble realm, by the assent of 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, a fifteenth and a tenth on the moveable goods of the laity of this your said realm; except for the sum of £4,000 to be fully deducted from the sum total that the said fifteenth and tenth shall amount to in part relief and discharge of the poor towns, cities and boroughs which are desolate, laid waste or destroyed, or which are excessively impoverished, or else excessively overburdened by the said tax within this your said realm; every county of this your said realm liable to you for the said 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 to be shared out evenly according to the sum for which the said counties have been assessed for the said fifteenth and tenth, and as is contained and declared in your commissions directed to those whom you appoint as your collectors of the said grant. And that before any commission shall be directed to your said collectors, commissions shall be sent by the authority [col. b] of this present parliament to every county of this your said realm which is liable for the said fifteenth and tenth to a lord of the said county, and to the two knights of the same county who are at this your said parliament by the return of the summons of this your said parliament, giving them, or two of them, by your said commission by the authority aforesaid, similar power and authority, according to their discretion as well as by their enquiry, to limit, assign and divide, in particular according to the sum to be deducted in the said commissions, as it is said and expressed above, as regards every town, city and borough which is desolate, laid waste, destroyed, excessively impoverished, or excessively overburdened by the said tax in the said county, the amount of the discharge according to their discretions; and also that, by the abovesaid authority, in every city or borough of this your said realm liable for the said tenth which is a county incorporate, similar commissions shall be sent to the lord and to the two citizens or burgesses of the said city or borough who are at this your said parliament by the return of the said summons, giving them, or two of them, by your said commission by the authority aforesaid, similar power and authority, according to their discretion as well as by their enquiry, to limit, assign and divide, in particular according to the sum to be deducted in the said commissions, as is said and expressed above, as regards every parish or ward which is desolate, laid waste, destroyed, excessively impoverished, or excessively overburdened by the said tax in the said county thus incorporated, the amount of its discharge according to their discretion, and thereupon the said lords and knights of the counties, in every county where they shall be separately assigned, or two of them, and both the lords and the citizens of the cities, and the lords and burgesses of the boroughs which are counties incorporate, or two of them, shall be separately assigned, as it is said above, under their letters, and sealed with their seals, to certify to your collectors of the said tax the towns, cities, boroughs, parishes and wards, and the sums of which they shall be discharged; and that, by force of the same certificate, the said [collectors] shall refrain from making any levy on any such town, city, borough, parish or ward of the sum thus certified to be discharged: and that every such town, city, borough, parish and ward shall be quit and discharged of the said sum towards you. And that by the said certificates the said collectors of the aforesaid tax shall have due allowance of the said sums thus certified in their accounts; and both they and the said towns, cities, boroughs, parishes and wards shall be quit and discharged of these towards you and your heirs. Saving always, that the said certificates shall not exceed the sum agreed to be deducted in the same county; and excepting also that, by force of the said grant, the lay people of the town of Andover shall not in any way be constrained or compelled to pay the said fifteenth and tenth, or any part of it, nor the lay people of the city of Lincoln, or any of them, to pay half of the said fifteenth and tenth, or any part of the same half fifteenth and tenth by force of the aforesaid grant, but that all the said people of the said town of Andover, and each of them, shall be completely quit and discharged of the payment of the said fifteenth and tenth, and every part of it; and all the said people of the said city, and each of them, of the payment of the said half fifteenth and tenth, and every part thereof, towards you our sovereign lord and your heirs; the said fifteenth and tenth, save for the previous exceptions, to be levied and paid in the accustomed manner and form to you our sovereign lord, in the manner and form which follows. That is to say, the fourth part thereof, save for the previous exceptions, at the next following Whitsun [27 May 1436]; and other fourth part thereof, save for the previous exceptions, at the next following Martinmas [p. iv-488][col. a] after that [11 November 1436]; the third fourth part thereof, save for the previous exceptions, at Whitsun next following [19 May 1437]; and the rest of the said fifteenth and tenth, that is the last fourth part thereof, save for the previous exceptions, at the next following Martinmas [11 November 1437]: and the half of the said tenth payable by the said city of Lincoln to be levied and paid at the abovesaid feasts in equal parts. (fn. iv-481-65-1) |
| Concessiones subsidii lanarum, tonagii et pondagii. | The grant of a subsidy on wool, tonnage and poundage. |
| 14. Declarabant insuper iidem communes, eodem die, per prolocutorem suum predictum, qualiter ipsi ob specialem affectionem quam erga prefatum dominum regem, et ob salvam maris custodiam habuerunt, concesserunt eidem domino regi, quedam alia subsidia, sub certa forma in quadam cedula indentata inde per prefatos communes confecta, et dicto domino regi tunc ibidem deliberata, solvenda, sub eo qui sequitur tenore verborum: | 14. The same day the same commons further declared through their aforesaid speaker how they themselves, on account of the special affection which they have towards the aforesaid lord king, had granted another subsidy to the same lord king to be paid under a certain form [specified] in a certain indented schedule made thereupon and then delivered to the said lord king there, under that tenor of words which follows: |
| And more overe, your saide pouere communes of this your noble roialme, be assent of your lordes spirituell and temporell, in þis your present parlement beyng, be auctorite of the same < parlement, > graunte to you our saide soverain lorde, for þe defense of this your saide roialme, and in especiall for the safe kepyng of the see, a subsidie of .v. nobles of every sak of wolle, and of every .ccxl. wollefelle .v. nobles, passyng oute of this roialme; to be hadde, paied and arered, of every marchant deniszein, fro the day of þe expiryng of þe laste graunte þerof to you soverain lorde made, unto the fest of Seint Martyn in wynter, þat shall be in þe yere of Our Lord a .mccccxxxvij. to be hadde, payed and arered, in maner and fourme as it is hadde, paied and arered, to you our saide soverain lorde atte the tyme of this graunte: except and alwey forsene, þat it shall be lawefull to the mayr and citezeins of the pouere citee of Lincoln for the tyme beyng, to the use and profit of hem, and of the same citee, to shippe and do carye to your staple of Caleys, withynne þe saide tyme, fifty sakkes of wolle, withouten any subsidie of the saide fyve nobles of þe sak of wolle, to you our soverain lorde, your heirs or successours, in eny wise therof to be paied; in relief, coumfort and supportation of þe grete and importable charge þat your saide mayr and citezeins yerely beren and suffren, in payng of the fee ferme of the same citee. And þat the saide mayr and citezeins, of þe saide subsidie for the saide fifty sakkes of wolle, ayenst you, your heirs and successours, be quite and discharged for evermore. And if any merchandise of wolle or wollefell, of any marchaunt deniszein, oute of this saide roialme passyng, wherof the saide subsidie is paied or agreed, or suerte made therfore, be perisshed or lost be infortune of the see, or be takyn with enemyes in any wise, and þat duely preved be two persones sworne, witnessyng þe same before the tresorer of England, or before the chief baron of your eschequer for the tyme beyng; þat þanne þe saide marchantz deniszeins, aweners of suche merchandises so perisshed or lost, whenne hem liken, may shippe as muche wolle or wollefell in value, be force and vertue of the saide auctorite, in the same porte in the which the saide wolle and wollefell were so shipped, as was so perisshed, lost or taken, withouten any subsidie therof to be paied. And overe þat, we your saide communes, graunten to you our < saide > soveraigne lorde, be assent of your lordes spirituell and temporell, for the defense aforsaide, a subsidie; þat is to say, of every sakke wolle .vij. nobles, and of every .ccxl. wollefell passyng out of this your saide roialme .vij. nobles; to be paied, hadde and arered, of every marchaunt alien, from the day of þe expiryng of þe laste graunte þerof to you soverain lorde made, [col. b] unto the fest of Seint Martyn in wynter, þat shall be in þe yere of Our Lorde a .mccccxxxvij.; to be hadde, paied and arered, in maner and forme, as it is hadde, paied and arered, to you our saide soverain lorde atte the tyme of this graunte. And also we your saide pouere communes, be þe assent of your lordes spirituell and temporell, in this your present parlement beyng, be auctorite of the same, graunte to you our saide soverain lorde, for the defense of this your saide roialme, and in especiall for the safe kepyng of the see, a subsidie to be paied in the fourme that foloweth; þat is to say, of every tonne of wyne, comyng into this your saide roialme be wey of merchandise, of every marchant aliene, .ii. s.; and of every tonne of swete wyne of the same marchant, oder .iij. s.; to be hadde, rered and paied, fro the fest of Seint Martyn in the yere of Our Lorde a .mccccxxxvj., unto the fest of Seint Martyn in wynter thenne next folowyng: and also a subsidie to you our saide soveraigne lorde, to be paied of alle marchantz aliens, of alle manere of marchandises of the value of .xx. s. comyng into this roialme, or passyng oute þerof, for every .xx. s., .xij. d.; wolle, wollefelle and wyne, alle utterly except. (fn. iv-481-70-1) | And in addition, your said poor commons of this your noble realm, by the assent of your lords spiritual and temporal assembled in this your present parliament, by the authority of the same parliament, grant to you our said sovereign lord, for the defence of this your said realm, and particularly for the safe-keeping of the sea, a subsidy of 5 nobles on every sack of wool and 5 nobles on every 240 woolfells exported from this realm, to be received from, paid by and levied on every denizen merchant from the day of the expiry of the last grant made thereupon to you sovereign lord until Martinmas 1437 [11 November] to be received, paid and levied in the manner and form as it is received, paid and levied to you our said sovereign lord at the time of this grant: except and always saving that it shall be lawful for the mayor and citizens of the poor city of Lincoln at the time for their benfit and profit, and that of the same city, to ship and carry 50 sacks of wool to your staple of Calais within the said period, without paying in any way any subsidy of the said 5 nobles on the sack of wool to you our sovereign lord, your heirs or successors, in relief, aid and support of the great and unbearable charge that your said mayor and citizens bear and suffer yearly in paying the fee-farm of the same city. And that the said mayor and citizens shall be quit and discharged forever of the said subsidy on the said 50 sacks of wool towards you, your heirs and successors. And if any merchandise of wool or woolfells of any denizen merchant exported from this said realm on which the said subsidy is paid or agreed, or on which guarantee is given, is perished or lost by misfortune at sea, or is taken by enemies in any way, and that is duly proved by two sworn persons, witnessing the same before the treasurer of England, or before the chief baron of your exchequer at the time; that then the said denizen merchants, the owners of such merchandise thus perished or lost, may ship, when they wish, as much wool and woolfells in value, by force and virtue of the said authority, from the same port from which the said wool and woolfells thus perished, lost or seized was shipped, without paying any subsidy thereupon. And in addition we your said commons grant a subsidy to you our said sovereign lord, by the assent of your lords spiritual and temporal, for the aforesaid defence; that is, 7 nobles on every sack of wool and 7 nobles on every 240 woolfells exported from this your said realm, to be paid by, received from and levied on every alien merchant from the day of the expiry of the last grant made thereupon to you sovereign lord [col. b] until Martinmas 1437; to be received, paid and levied in the manner and form as it is received, paid and levied to you our said sovereign lord at the time of this grant. And we your said poor commons, by the assent of your lords spiritual and temporal assembled in this your present parliament, by the authority of the same, also grant to you our said sovereign lord for the defence of this your said realm, and particularly for the safe-keeping of the sea, a subsidy to be paid in the form that follows; that is, 2 s . on every tun of wine imported by every alien merchant to this your said realm as merchandise; and another 3 s . on every tun of sweet wine imported by the same merchant; to be received, levied and paid from Martinmas 1436 until the next following Martinmas [11 November 1437]: and also a subsidy of 12 d . to be paid to you our said sovereign lord by all alien merchants on all manner of merchandise of the value of 20 s . imported to this realm, or exported from it, for every 20 s .; wool, woolfells and wine all completely excepted. (fn. iv-481-70-1) |
| [memb. 4] | |
| Pro episcopo Dunelm'. | On behalf of the bishop of Durham. |
| 15. Memorandum quod octavo die Novembris, anno presenti, venerabilis pater Thomas episcopus Dunelm', in presentia domini nostri regis, et aliorum dominorum in presenti parliamento existentium, deliberavit venerabilibus patribus domino Henrico cardinali Anglie episcopo Wynton', et Henrico archiepiscopo Cantuar', ac Waltero Hungerford militi, quasdam litteras domini Henrici nuper regis Anglie, patris domini regis nunc, sub magno et privato sigillis ejusdem nuper regis factas, declarationem ultime voluntatis sue, super quodam feoffamento per eundem nuper regem, prefatis cardinali, archiepiscopo, episcopo et Waltero, ac aliis jam defunctis facto, de certis castris, maneriis, dominiis, terris, tenementis et possessionibus, que nuper fuerunt predicti nuper regis ducatus sui Lancastrie, continentes; quarum data est vicesimo primo die Julii, anno domini millesimo quadringentesimo decimo septimo, et regni ejusdem nuper regis quinto. | 15. Be it remembered that on 8 November in the present year the venerable father Thomas, bishop of Durham, in the presence of our lord king and of the other lords assembled in the present parliament, delivered to the venerable fathers the lord Henry, cardinal of England, bishop of Winchester, and Henry, archbishop of Canterbury, and to Walter Hungerford, knight, certain letters of the lord Henry late king of England, the present lord king's father, made under the great and privy seals of the same late king, containing the declartion of his last will concerning a certain feoffment made by the same late king to the aforesaid cardinal, archbishop, bishop and Walter, and to others now deceased, of certain castles, manors, lordships, lands, tenements and possessions which recently belonged to the aforesaid late king's duchy of Lancaster, the date of which is 21 July 1417, in the fifth year of the reign of the same late king. |
| Pro Thoma Rempston' chivaler. | On behalf of Thomas Rempston, knight. |
| 16. Item, quedam petitio exhibita fuit eidem domino regi, in parliamento predicto, per communes ejusdem, pro Thoma Rempston' milite, in hec verba: | 16. Item, a certain petition was presented to the same lord king in the aforesaid parliament by the commons of the same on behalf of Thomas Rempston, knight, in these words: |
| A les tressages communes assemblez en cest present parlement, supplie humblement vostre povere oratour Thomas Rempston' chivaler, prisoner de monsir Tanguy de Chastell chivaler: qe come appoyntement nadgairs fuist fait par entre le dit seignur Tangny, et le dit suppliant, pur le finance du dit suppliant en la fourme qe ensuist; c'est assavoir, qe le dit suppliant, paiera al dit seignur Tanguy .xviij. .m. escutz d'or, c'est assavoir, .vi. m.. escutz d'or, a certein jour ore passe, dount le dit seignur Tanguy est satisfie: et .iij. .m. escutz d'or, parcell de la residue de les .xviij. .m. escutz, al temps del deliverance de dit suppliant hors de prison. Et pur .ix. .m. escutz d'or, residuz des ditz .xviij. .m. escutz, le dit suppliant ferra deliverer al dit seignur Tanguy, on Guillam Botiller escuyer de Fraunce, qe est entre autres, un des hostages du Charles duc d'Orlians, et qe pur divers summes de money, en les queux le dit duc fuist endette as hautz et puissantz princes Thomas nadgairs duk de Clarens, Edward nadgairs duk d'Everwyk, et Thomas nadgairs duk de Excestre, fuist livere entre autres a les ditz princes; et le quel Guillam entre autres, pur les summes duez al dit nadgairs duk d'Excestre, fuist assigne al dit nadgairs duk d'Excestre, par composition fait entre les ditz princes. | To the most wise commons assembled in this present parliament your poor petitioner, Thomas Rempston, knight, prisoner of my Lord Tanneguy du Chastel, knight, humbly beseeches: whereas an agreement was recently made between the said Lord Tanneguy and the said supplicant for the ransom of the said supplicant in the form which follows; that is, that the said supplicant will pay 18,000 gold ecus to the said Lord Tanneguy, that is, 6,000 gold ecus on a certain day now passed, of which the said Lord Tanneguy is satisfied: and 3,000 gold ecus, part of the rest of the 18,000 ecus, when the said supplicant is released from prison. And for 9,000 gold ecus, the rest of the said 18,000 ecus, the said supplicant will hand over one Guillaume Botiller, esquire of France, to the said Lord Tanneguy, who is, among others, one of the hostages of Charles, duke of Orléans, and who, for various sums of money for which the said duke was indebted to the high and mighty princes Thomas, late duke of Clarence, Edward, late duke of York, and Thomas, late duke of Exeter, was handed over, among others, to the said princes; and which Guillaume, among others, was assigned to the said late duke of Exeter for the sums owed to the said duke of Exeter by a composition made between the said princes. |
| [p. iv-489] | |
| [col. a] | |
| Please a voz tressages discretions, prier a nostre soverain seignur le roi, d'ordiner par auctorite de cest present parlement, qe les executours de dit nadgairs duk de Excestre, puissent frankment et quitement, saunz clayme, title, action ou empeschement de nully, deliverer le dit Guillam hors de hostage a toutz jours, a Dame Margaret Rempston', mere du dit suppliant, Thomas Chaworth chivaler, William Plumpton' chivaler, Johan Bartram chivaler, et frere Hugh Midulton', ou un d'eux, solonc la forme des appoyntementz et conventions entre les ditz executours del dit nadgairs duk d'Excestre, et le dite Dame Margaret, pur le deliverance le dit Guillam faitz ou affaires, ascuns manere causes, contractz ou compositions a contrarie faitz, nient contresteantz. Et qe le dit duk d'Orlians n'eit, ne le count Anguilisme, ne ascun de les hostages suisditz, ne lours heirs ne executours, par cause de cest deliverance du dit Guillam, eit ascun maner de acquitaill ou descharge, envers ascun de les executours de ascun de les ditz nadgairs dukes, sinon de la dite summe de .ix. .m. escutz, et le dit Guillam pur son corps tant soulement; considerant, qe le dit suppliant ne poet aver sa deliverance en null maner, sinon par la deliverance le dit Guillam; et qe le count de Suff', et autres des amyes de dit suppliant, sount obligez as ditz executours de dit nadgairs duk d'Excestre, pur la deliverance de dit Guillam, en les ditz .ix. .m. escutz d'ore, par reconisance ent fait en la chauncerie nostre < dit seignur le > roi. Et qe le dit Guillam, n'est en garde pur null autre cause, sinon par cause suisdit; et ceo pur Dieu, et en overe de charite. | May it please your most wise discretions to pray to our sovereign lord the king to ordain by the authority of this present parliament that the executors of the said late duke of Exeter might, without the claim, title, action or prevention of anyone, freely and completely release the said Guillaume from his hostage state forever to Lady Margaret Rempston, the mother of the said supplicant, Thomas Chaworth, knight, William Plumpton, knight, John Bartram, knight, and Brother Hugh Middleton, or one of them, according to the form of the agreements and compositions made or to be made between the said executors of the said late duke of Exeter and the said Lady Margaret for the release of the said Guillaume, notwithstanding any kind of actions, contracts or compositions made to the contrary. And that the said duke of Orléans shall not have, nor shall the Count Angoulême, nor any of the aforesaid hostages, nor their heirs or executors, have any kind of acquittal or discharge by reason of this release of the said Guillaume against any of the executors of any of the said late dukes other than the said sum of 9,000 ecus and the said Guillaume for his body only; considering that the said supplicant is unable to have his release in any way other than by the release of the said Guillaume; and that the earl of Suffolk and other kinsmen of the said supplicant are obligated tot he said executors of the said late duke of Exeter for the release of the said Guillaume in the said 9,000 gold ecus by a recognizance made thereupon in our said lord the king's chancery. And that the said Guillaume is not in custody for any other reason, but only for the aforesaid matter; and this for God, and by way of charity. |
| Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium et communitatis regni nostri Anglie, in eodem parliamento existentium, respondebatur eidem in forma subsequenti: | Which petition having been read, heard and fully understood in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England assembled in the same parliament, was answered to the same in the following form: |
| The kyng wille it be as it is desired, if the duchesse of Clarence will yeve here assent therto. And þat þe seide duchesse be not empesched nor empleded be noo man, by cause of gevyng of here assent. (fn. iv-481-82-1) | The king wills it to be as it is desired, if the duchess of Clarence will give her assent to it. And that the said duchess be not impeached nor impleaded by anyone because of giving her assent. (fn. iv-481-82-1) |
| Pro Willelmo Morfote. | On behalf of William Morfote. |
| 17. Item, quedam alia petitio exhibita fuit prefato domino regi, in parliamento predicto, per communes ejusdem, pro Willelmo Morfote, sub eo qui sequitur tenore verborum: | 17. Item, another petition was presented to the lord king in the aforesaid parliament by the commons of the same on behalf of William Morfote, under that tenor of words which follows: |
| To þe full worthy and noble communes of this present parlement assembled, ful pitously compleyneth to your ful worthi discretions, your humble servitour and continuell bedman, William Morfote mariner of Wynchelsee: þat of his gode hertly entente for to do diligence service to our most soverain lorde kyng, as a trewe liege man owyth to don, he is nowe opon þe see at his owen grete coste, with an .c. persons arraied, for to withstonde and depresse þe kyngs enmys, and his rebellis, and of this worthy reame; and not withstondyng his dayly and continuell beyng opon þe see, ayeins þe enmys abovesaid, his vitaill is forboden him in diverse place in this londe, that he may no vitaill have for his moneye, in sustenaunce of him, and his [col. b] feliship opon þe see, in withstondyng þe kyngs enmys abovesaide, þe which is ayeins al reson and conscience. And for as moche as he hath loste and spent miche of his goodes, and long tyme lay in þe castell of Dovorr' in prison; and afterward come oute as wele as he myght, for grete feer of more duresse of prisonment, for þe which offence he hath long tyme swed to our seide soverain lorde kyng, for to have grace and pardon for his seide [...] comyng oute of þe seide prison, and of all oþer offenses þat he hath doon; and yitte withouten grace he abideth opon þe see, and dar not come on this lande, til he may have grace and pardon for þe seide offenses, of our seide soverain lorde kyng, by his letters patentz. | To the most worthy and noble commons assembled in this present parliament your humble servant and constant countryman William Morfote, mariner of Winchelsea, complains most pitiously to your most worthy discretions: whereas from his good, heartfelt intent to do diligent service for our most sovereign lord king, as a true liegeman ought to do, he is now at sea at his own great expense with 100 persons armed to withstand and defeat the king's enemies and his rebels of this worthy realm; and not withstanding his daily and continuous presence at sea against the abovesaid enemies, his victualling is forbidden him in several places in this land, so that he may have no victuals for his money for his sustenance and that of his [col. b] fellows at sea in withstanding the king's abovesaid enemies, which is contrary to reason and conscience. And for as much as he has lost and used many of his goods, and has been in prison in Dover castle for a long time; and he escaped afterwards out of great fear of further duress in prison, for which offence he has sued to our said sovereign lord king for a long time in order to have grace and pardon for his said escape from the said prison, and for all other offences that he has committed; and yet he remains at sea without grace, and dares not to come ashore until he may have grace and pardon for the said offences from our said sovereign lord king by his letters patent. |
| Wherfore he lowely besechith to your < seide > worthi discretions, þat ye will tendirly considere þe grete disese and perill þat he stondeth in, and longe tyme hath stoude; and þat ye wolde vouchesave of your hie pitee to helpe and pray for him, and thurgh your honurable counseill and advise, to pray and biseche our most soverain and gracious lorde kyng, for to yiff him grace and pardon by his letters patentz, for þe seide offenses, wherethurgh he may have þe more strengthe, to depresse and withstonde þe seide enmys of our seide soverain lorde kyng to his power. Considering þat he hath ever bene, and ever will be whiles þat he lyffes, the kyngs trewe liege man: and this he lowely besechith in þe honur of God, and of seint charite. | Wherefore he humbly beseeches to your said worthy discretions that you will compassionately consider the great trouble and peril that he remains in, and has been in for a long time; and that you would graciously grant from your great compassion to help and pray for him, and through your honourable counsel and advice to pray and beseech our most sovereign and gracious lord king to grant him, by his letters patent, grace and pardon for the said offences, whereby he may have more power to defeat and withstand the said enemies of our said sovereign lord king. Considering that he has aways been, and will always be while he lives, the king's true liegeman: and this he humbly beseeches for the honour of God, and by way of holy charity. |
| Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, habitaque inde deliberatione matura, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in parliamento predicto similiter existentium, respondebatur eidem in forma subsequenti: | Which petition having been read, heard and fully understood in the aforesaid parliament, and having had mature deliberation thereupon, with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England similarly assembled in the aforesaid parliament, was answered to the same in the following form: |
| The kyng, by þadvis of þe lordes spirituel and temporel, and atte þe especial request of þe communes assembled in þis present parlement, wille and graunteth that for an esy fyn to be made with his bele uncle, my lord of Gloucestre, constable of the castell of Dovorr', and wardeyn of Fyve Portz, or his lieutenant there, by William Morfote mariner named in þis petition, or be eny other in his name, for þe offense of brekyng of þe prison of þe seide castell, like as it is contened in the same petition; and þe same fyne so made, paied fully and agreed, the seide William be utterly quite and discharged of þe seide brekyng of prison, so that he be cause of þe same brekyng of prison, be not empesched, arested, molest, or greved in his persone or in his godes in tyme to come, but þerof be utterly quite and discharged for ever more, for þe fyn aforseide: savyng to every man his right and action agayn þe seide William, as lawe and reson wille. And þat a lettre of prive seal here upon, be direct to the seide constable or his lieutenaunt, þat þe seide fyn so made, paied and satisfied, they suffre and gare suffre þe seid William, to be quite and discharged of þe seide brekyng of prison, withoute any arest or empeschement, molestation or grevaunce, in his seid persone or godes, þerfore to be made in any wyse: savyng to every man his right and action aftir the forme of lawe, as it is before seide. | The king, by the advice of the lords spiritual and temporal, and at the special request of the commons assembled in this present parliament, wills and grants that for a moderate fine to be paid to his dearest uncle, my lord of Gloucester, constable of Dover castle and warden of the Cinque Ports, or his lieutenant there, by William Morfote, mariner, named in this petition, or by any other person in his name, for the offence of breaking out of the prison of the said castle, as it is contained in the same petition; and with the same fine thus made, fully paid and agreed, the said William shall be completely quit and discharged of the said breaking out of prison, so that he, because of the same breaking out of prison, shall not be impeached, arrested, molested, or grieved in his person or as regards his goods in future, but shall be completely quit and discharged thereof forevermore, for the aforesaid fine: saving to every man his right and action against the said William, as law and reason allows. And that a letter under the privy seal on this shall be addressed to the said constable or his lieutenaunt, that with the said fine thus made, paid and satisfied, they shall allow and make to be allowed the said William to be quit and discharged of the said breaking out of prison without any arrest or impeachment, molestation or grievance in his said person or goods to be made in any way for that reason: saving to every man his right and action according to the form of law, as it is said above. |
| [p. iv-490] | |
| [memb. 3] | |
| ITEM, DIVERSES COMMUNES PETITIONS FEURENT BAILLEZ EN MESME LE PARLEMENT PAR LES COMMUNES D'ICELL, LES TENOURS DES QUEUX, OVESQE LOURS RESPOUNCES, CY ENSUENT. | ITEM, VARIOUS COMMON PETITIONS WERE PRESENTED IN THE SAME PARLIAMENT BY THE COMMONS OF IT, THE TENORS OF WHICH, WITH THEIR ANSWERS, FOLLOW HERE. |
| [col. a] | |
| I. [Judgments.] | I. [Judgments.] |
| 18. < Enquests. > Proiunt les communes: qe please a nostre soverain seignur le roi, d'ordeigner par auctorite de cest present parlement, qe les justices devaunt queux inquisitions, enquestes et jurrez, enavaunt soient prisez par brief du roi de nisi prius, joust la forme de l'estatuit ent fait, eient poair en toutz cases de felonie et treson, de rendre lour jugementz, sibien l'ou homme est acquite de felonie ou de treson, come l'ou il < est > ent atteint, a jour et lieu ou les ditz inquisitions, enquestes et jurrez issint soient prisez; et adonqes illeoqes de agardre execution de estre fait par force de mesmes les jugementz. | 18. Inquests. The commons pray: may it please our sovereign lord the king to ordain by the authority of this present parliament that the justices before whom inquisitions, inquests and juries are held henceforth by the king's writ of nisi prius, according to the form of the statute made thereupon, shall have power in all cases of felony and treason to give their judgments both when the man is acquitted of felony or of treason and when he is convicted thereupon, on the day and at the place where the said inquisitions, inquests and juries are thus held, and then to award execution to be made by force of the same judgments. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voet. (fn. iv-481-99-1) | The king wills it. (fn. iv-481-99-1) |
| II. [Ordinance of partition.] | II. [Ordinance of partition.] |
| 19. < Woolls. > To right worshipfull and right wys seignurs, þe communes of this present parlement: please it youre right wele purveyde wisdomes, to have in your full notable remembraunces, how þat grete quantite and substance of þe wolles growen in England þis thre yere passed, is shipped and comen to þe pouere toune of Caleys, standyng in grete jupardye and doute, þere to be solde for redy moneye; wherof þe marchauntz sellers mosten receive upon every sarpler, a certein of bullion, to be broght into þe kyngs our soverain lords mynt at Caleis; whiche redy moneye and þe bullion, after þat it be forged and coigned, and received by þe saide marchauntz sellers, moste duely and egally be distribued and departed to every man after his afferant, to be sent into this royaume, for the encrese and þe universell wele þerof; by vertu of certeins statutz made in parlement holden atte Westm', þe .viij. yere of þe reigne of our saide soverain lorde, (fn. iv-481-102-1) and renewed the yere of his reigne .xij. e ; (fn. iv-481-102-2) the which statuitz been right streitly observed and kept: and how < þat > by suche persones, þat by undue menes shippen wolles in crikes, and oþer suspecious places, and also in diverses portes of þis royaume, and þanne caryen into oþer places þan to Caleys. And over þat, howe þat by suche persones also, þat in dirogation of þe universell wele of þis royaume, and distruction of þe gode ordenaunce of partition, and abaissement of þe pris of wolles, purchacen licences for þaire singuler availle, to shippe wolles to Caleys, þere to be solde afore alle other wolles beyng þere, and been not bounden neither to kepe þe pris, ne to receive no bullion, ne to make partition ne distribution of þaire moneye, like as alle þe marchauntz of England þider repairyng been streitly bounden by þe saide statutz to doo; the saide marchauntz by þe menes and licences aforsaide, stonden in point to bee undoone, þe saide staple to be dissevered and distroyed, and consequently þe saide pouere toune of Caleys, þat by þe continuance of þe saide staple hath hiderto been gretly maintened and strengthed, like to bee defaited and lost, and þe saide royaume in commune greetly hindered and hurt. And beseche þe king our soverain lorde, of his noble grace, by þe advis of his lordes spirituell and temporell, to ordeine in þis present parlement, þat noo suche licences which been so prejudiciall and contrarie to the commen gode, and þe universell wele of his royaume, and of his saide merchantz, [col. b] destruction of þe saide staple, and of þe saide ordenaunce of partition, and of þe pris of wolles, bee in noo wise graunted. And þat every man þat shippeth, or doth shippe, any wolles or wollefelles, þanne to carye over þe see, in any maner, repaire þerwith to Caleis, and þere [...] discharge and selle þe saide wolles and wollefelles, after the tenour of þe saide statuitz, and after þe gode rule and ordenances of þe saide staple, in maintenyng and sustentation þerof, relievyng and encrese of þe saide pouere toune of Caleys; and for þe universell wele of þis his royaume of England. | 19. Wool. To the most worshipful and most wise lords, the commons of this present parliament: may it please your most gwise wisdoms to recall to your most noble minds how a large quantity and amount of the wool produced in England this last three years has been shipped and sent to the poor town of Calais, which stands in great jeopardy and uncertainty, to be sold there for ready money; of which the merchant vendors must receive on every sack a certain amount of bullion, to be brought to our sovereign lord the king's mint at Calais; which ready money and the bullion, after it is forged and coined, and received by the said merchant vendors, must be duly and equally distributed to and divided among every man according to his due to be sent into this realm for the prosperity and the universal well-being of it; by virtue of certain statutes made in the parliament held at Westminster in the eighth year of the reign of our said sovereign lord, (fn. iv-481-102-1) and renewed in the twelfth year of his reign; (fn. iv-481-102-2) which statutes have been very strictly observed and kept: and how that by such persons who ship wool by unlawful means from creeks, and other secret places, and also from various ports of this realm, then carry it to places other than Calais. And besides this, how such persons also, in derogation of the universal well-being of this realm and to the destruction of the good ordinance of partition and the lowering of the price of wool, purchase licences to ship wool to Calais for their own advantage, to be sold there before all other wool which is there, and how they have not been bound either to adhere to the price, nor to receive any bullion, nor to make partition or distribution of their money as all the merchants of England who go there have been strictly bound to do by the said statutes; the said merchants, by the aforesaid means and licences, are on the point of being ruined, the said staple discontinued and destroyed, and consequently the said poor town of Calais which, by the continuance of the said staple has hitherto been greatly maintained and strengthened, is likely to be defeated and lost, and the said realm in general greatly hindered and damaged. And beseech the king our sovereign lord from his noble grace, by the advice of his lords spiritual and temporal, to ordain in this present parliament that no such licences which are so prejudicial and contrary to the common good and to the universal well-being of his realm and of his said merchants, [col. b] the destruction of the said staple and of the said ordinance of partition, and of the price of wool, shall be granted in any way. And that every man who ships, or has caused to be shipped, any wool or woolfells overseas in any manner, shall go to Calais, and there discharge and sell the said wool and woolfells according to the tenor of the said statutes, and according to the good rule and ordinances of the said staple, for the maintenance and support of it, the relief and growth of the said poor town of Calais; and for the universal well-being of this his realm of England. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit fait come il est desire, savant toutz foitz au roi, poair et auctorite de modifier mesme l'estatut qaunt luy plerra, par advis de son conseil, solonc ceo qe meulx luy semblera pur le profit de luy, et de son roialme; salvant auxi a les marchantz de Jaene, Venice, Tuskayne, Lumbardye, Florence et Cateloigne, et a les burgeis de Berwyk sur Twede, les libertees a eux grauntez par devaunt par estatuit; et toutz autres lieges du roi, la benefice des licences a eux devaunt ces hoeures grauntez, de par le roi, del advis de son counseill. (fn. iv-481-105-1) | Let it be done as it is desired, saving always to the king the power and authority to modify the same statute when it pleases him by the advice of his council, according to that which will seem better to him for the profit of him and of his realm; saving also to the merchants of Genoa, Venice, Tuscany, Lombardy, Florence and Catalonia, and to the burgesses of Berwick upon Tweed, the liberties previously granted to them by statute; and to all the king's other lieges the benefit of licences granted to them in the past on behalf of the king with the advice of his council. (fn. iv-481-105-1) |
| III. [Assizes in Carlisle.] | III. [Assizes in Carlisle.] |
| 20. < Communes de countee de Cumberlond. > A les tressages et discriet communes de cest present parlement, supplient treshumblement les chivalers et esquiers de le countee de Cumberlond, ovesqe le mair et citezeins de la citee et ville de Cardoille, pur considerer: qe pur taunt q'est ordeine par un estatut fait el temps le roi Richard < le secounde, > (fn. iv-481-108-1) qe par mye toutz les countees d'Engleterre, les sessions pur estre tenuz par les justices de vostre commune assise, et gaole deliverance, en la ville dite la shire toun; les queux feurent tenuz avaunt cest temps, en la dite citee et ville de Cardoille. Et qe ensi soit ore tarde, ils ount estee tenuz en autres lieux qe dedeins la dite citee et ville de Cardoille, a graunde peril et doubte de perdition de mesme la citee par les Escotes en mesme le temps de les sessions la nient tenuz. Et auxi en graunde doubte de l'eschape de divers prisoners, sibien traitours come felons, la esteantz en la gaole du roi sovent foitz, par cause qe sibien les chivalers, come les esquiers, ovesqe les ditz mair et citezeins, et toutz les autres frank tenures, covient attendre sur les ditz [...] justices, le temps q'ils soient seantz en lours assises, en qeconqe lieu ou ils soient seantz, affaire service au roi come sa ley requiert. | 20. The commons of the county of Cumberland. To the most wise and discreet commons of this present parliament, the knights and esquires of the county of Cumberland, with the mayor and citizens of the city and town of Carlisle, most humbly beseech you to consider: that because it is ordained by a statute made in the time of King Richard the second (fn. iv-481-108-1) that throughout all the counties of England the sessions should be held by the justices of your common assize and gaol delivery in the town which was called the county town, the which were held in the past in the said city and town of Carlisle. And it is the case that they have recently been held in other places than in the said city and town of Carlisle at the great risk and fear of loss of the city at the hands of the Scots during the time that the sessions are not held there, and also fearing the escape of various prisoners, both traitors and felons, who are often in the king's goal there, on account of the fact that both the knights and the esquires, with the said mayor and citizens, and all the other freeholders, must attend upon the said justices at the time that they shall be sitting in their assizes, in any place where they shall be sitting, to do service to the king as his law requires. |
| Pur quoy please a voz hautes discretions, d'emprier au roy nostre soverain seignur, qe par assent de toutz ses seignurs espirituelx et temporelx, pur grauntier et ordeigner par auctorite de cest present parlement; qe la session suisdite, purroit estre tenus en la dite citee de Cardoille, qe est la verray ville dit shire toun, et en null autre lieu ou place deins mesme le countee, come il ad estee use et accustume d'auncien temps; pur Dieu, et en oevere de charitee. | Whereupon may it please your mighty discretions to pray our sovereign lord the king, by the assent of all his lords spiritual and temporal, to grant and ordain by the authority of this present parliament that the aforesaid session should be held in the said city of Carlisle, which is the true town called the county town, as it has been customary and accustomed since olden times; for God, and by way of charity. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit fait come il est desire en temps du peas et trewes. (fn. iv-481-112-1) | Let it be done as it is desired in times of peace and truces. (fn. iv-481-112-1) |
| [p. iv-491] | |
| [col. a] | |
| IIII. [Courts in Middlesex.] | IIII. [Courts in Middlesex.] |
| 21. < Justices of peace. > To the right worshipfull and discrete commens of this present parlement, prayen and besechen lowely all þe pouere commens and inhabitantz in and of þe shire of Midd': that it can like to your wise discretions to considere, howe hit is ordeigned by statut, that the justices of the peas of all the shires of this reeme of Englond for the tyme beyng, shall sette and holde here sessions foure tymes in the yeer, to enquere and execute all charges that been conteigned in here commission, to the which they been sworn to do aftir the fourme of the seide statut, uppon grete peine, as by þe seide statut more pleinly it apperith. And howe þat all the high courtes of the kyng oure soverain lorde, been sette and holden in the seide shire of Midd' contynuelly, duryng all the foure terme tymes of the yere; be the which terme tymes, the saide communes most entende fro tyme to tyme, to enquere all the articles to the saide courtes be longing, as reason and lawe requiren. And anone aftir every of the seide termes fynysshed, the seide justices of the peas of the seide shire of Midd', sette and holde here sessions in the same shire, as they owe to doo by force of the saide estatut, more in eschuying of the seide peine, than for ony other thinge needfull to be enquered there; to the which sessions they make come before theym, a grete partie of the dwellers and communers of the said shire of Midd', to enquere of all maner thinges such as they been gevin in charge, and so they been vexed and charged all the yere over, aswell oute of the terme tyme, as in the terme tyme, so that they have no rest, nor no tyme to do here husbondrye and labour, to gete here lyvyng in no wyse, to here moost utterest undoyng, withoute youre socour and help in this caas. | 21. Justices of the peace. To the most worshipful and discreet commons of this present parliament, all the poor commons and inhabitants in and of Middlesex humbly pray and beseech: that it might please your wise discretions to consider how it is ordained by statute that the justices of the peace in all the counties of this realm of England at the time shall fix and hold their sessions four times a year to inquire and execute all charges that have been contained in their commissions, which they have been sworn to do according to the form of the said statute, upon a severe penalty, as more fully appears in the said statute. And how that all the high courts of the king our sovereign lord have always been fixed and held in the said Middlesex during all the four terms of the year; at which terms the said commons must attend from time to time, to inquire concerning all the articles pertaining to the said courts, as reason and law require. And immediately after each of the said terms is finished the said justices of the peace of the said Middlesex fix and hold their sessions in the same county, as they ought to do by force of the said statute, more in avoidance of the said penalty than for any other matter in need of inquiry; at which sessions they cause to appear before them a large number of the dwellers and commoners of the said Middlesex to inquire of all manner of things as they are charged to do, and so they have been vexed and charged all the year over, both out of the term-time and in the term-time, so that they have no rest and no time to do their husbandry and labour to make their living in any way, to their most complete undoing without your succour and help in this matter. |
| Wherfore, like it to your purveyed discretions, to praye þe kyng our seide soverain lord, and all þe lordes espirituell and temporell of this present parlement, that the justices of the pees that nowe been, and all othir for the tyme beyng here aftir, in the seide shire of Midd', may be utterly discharged of þe seide peine be auctorite of this present parlement, atte all tymes commyng hereaftir, beyng the seide court of þe Kynges Benche sitting withynne þe seide shire of Midd', for to see all waies that the said justices of the peas of the seide shire of Midd' for the tyme beyng, kepe, observe, and execute, the court of the sessions of the pees twyes in the yere atte the leest, and moo tymes as ofte as hit nedeth, for eny riot, or forcible entre made withynne þe saide shire of Midd'; and that uppon the peyne and forfaiture of such summes, as been ordeigned therfore, be eny lawe made afore this tyme, to that ende and entent, that the saide communes and inhabitantz of the seide shire of Midd', be not arted nor compelled for to appere afore the justices of pees for the shire for the tyme < beyng, > butte atte such tymes as shall be thought necessarie, be the discretion of the seid justices of pees of the seide shire of Midd' for the tyme beyng; for the love of God, and in weye of charitee. | Wherefore, may it please your wise discretions to pray the king our said sovereign lord and all the lords spiritual and temporal of this present parliament that the present justices of the peace, and all others at the time in future, in the said Middlesex may be completely discharged of the said penalty by the authority of this present parliament at all times hereafter, given that the said court of the King's Bench is sitting within the said Middlesex in order to see that the said justices of the peace of the said Middlesex at the time always keep, observe and execute the court of sessions of the peace twice in the year at least, and more times as often as it is necessary for any riot, or forcible entry made within the said Middlesex; and that upon the penalty and forfeiture of such sums as has been ordained for this by any law made in the past, to that end and intent that the said commons and inhabitants of the said Middlesex shall not be constrained or compelled to appear before the justices of the peace for the county at the time, but only at such times as shall be thought necessary by the discretion of the said justices of the peace of the said Middlesex at the time; for the love of God, and by way of charity. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voet. (fn. iv-481-119-1) | The king wills it. (fn. iv-481-119-1) |
| V. [Exports other than to Calais staple.] | V. [Exports other than to Calais staple.] |
| 22. < Merchants. > To right worshipfull and right wys the communes of this present parlement, shewen right humblely the mair and marchantz of the staple at Caleys: that not withstondyng that be cause of undewe serche, made in the portes and crikes withynne this roiaume, upon diverses persones, the which by subtill ymaginations and meenes, shippen wolles and wollefelles, and diverses other merchandises, that sholden repaire to the saide staple, and thaym caryen and leden into diverses other parties beyonde the see, withouten custume [col. b] payng, ayeinst the tenure of the statutz theruppon ordeined and made; by þe which menes, the custumes and subsidies graunted to þe kyng our soverain lorde, been greetly amenused and withdrawen; it was ordeined by þe kyng, and by þe lordes spirituell and temporell, and the communes of this royaume, assembled in parlement holden atte Westmystre the .xij. e yere of his reigne, (fn. iv-481-122-1) that no man, uppon peine of felonie, carye ne shippe no suche merchandises of the staple, in any crikes withynne his royaume, ayeinst the ordenance abovesaide: nevertheles, ther been diverses persones havyng no drede of the statut aforsaid, that custumabely shippen als wele in the portes as in the crikes aforsaide, by undewe menes, notable substance of wolle and wollefelles, and other merchandises of the staple, and theym caryen and leden into Flaundres, Holand, Zeland, Brabant and Normandye, withoute any custume payng. And over þat, there been divers persones that custumabely shippen wolles and wollefelles, in diverse portes of this royaume, which been coketted and custumed to go to Caleys, and comen not there, but caryen the saide wolles and wollefelles into parties aforsaide, in contrarie of the statut theruppon ordeined; by the which untrewe menes the kyng is gretly defrauded and endamaged in his custumes and subsidies, the saide staple withynne short tyme like to be utterly destroied, the towne of Caleys empoverissed and anientissed, and the royaume no thyng encressed. | 22. Merchants. To the most worshipful and most wise commons of this present parliament the mayor and merchants of the staple at Calais most humbly petition: that not withstanding that because of unlawful search made on various persons in the ports and creeks within this realm, who, by subtle scheming and means, ship wool and woolfells and various other merchandise which should go to the said staple, and carry and take them to several other countries overseas without paying customs duty, [col. b] contrary to the tenor of the statutes ordained and made thereupon; by which means the customs and subsidies granted to the king our sovereign lord have been greatly diminished and lessened; it was ordained by the king and by the lords spiritual and temporal and the commons of this realm assembled in the parliament held at Westminster in the twelfth year of his reign, (fn. iv-481-122-1) that no man, upon pain of felony, should carry or ship any such merchandise of the staple from any creeks within his realm contrary to the abovesaid ordinance: nevertheless, several persons who have no fear of the aforesaid statute have customarily shipped notable quantities of wool and woolfells, and other merchandise of the staple, from both the ports and from the aforesaid creeks by unlawful means, and they carry and take it to Flanders, Holland, Zeeland, Brabant and Normandy without paying any customs duty. And besides this, several persons have customarily shipped wool and woolfells from various ports of this realm which has been cocketed and customed to go to Calais, but it does not go there, as the said wool and woolfells are taken into the aforesaid places contrary to the statute ordained thereupon; by which unlawful means the king is greatly defrauded and cheated of his customs and subsidies, the said staple within a short time is likely to be completely destroyed, the town of Calais impoverished and ruined, and the realm not at all prospered. |
| Wherfore plese it youre wisdomes, to have all þe premisses in tendre consideration and ymauge, youre other maters specially remembred, and beseche the kyng of his noble grace, by the advis of the lordes spirituell and temporell in this present parlement, to ordeine be auctorite of the same, that alle the wolles, wollefelles, and all oþer merchandises, that by statut sholden repaire to the staple aforsaide, founden shipped in any crikes, in contrarie of the ordenance abovesaide, been forfait; and therwithall more over, that every persone what so ever he bee, that at any tyme shippeth or doth shippe, any maner wolles, wollefell, or any other merchandises, to go to the staple aforesaide, and comen not there, mowen forfait als moche gode as the wolles, wollefelles, and oþer merchandises, so by thaym shipped and caryed into oþer places þanne to Caleys, mowen comen to, or be extent aftir thair verray value, except thoos that been to be except, to passe by þe kynges licences into oþer places: evermore reserved unto þe kyng our soverain lorde, the hole half of alle suche forfaitures, which been coketted and custumed to go to Caleys, and kome not there as it is aforsaide; and to thaym that fynden and seisyn the saide merchandises, that other hole half, withoute any diminution, impediment, or lette: and if any persone lay eny wolles, wollefell, or ony other merchandises of the staple, in any suspeciouse place adjoignant to the water side, where so ever it bee, and therof noon endentures made betwene him and the mair, baillifs, nor constable of the towne, in which such wolles, wollefell, or eny other merchandise of the staple been so layed, of suche wolles, wollefell, and merchandises, layde in suche places, that thanne the same wolle, wollefell, and merchandises been forfait. And that the kyng our soverain lorde have the toon half of all suche forfaitures, and the lorde of the towne, where suche merchandises been layde, and he that fyndeth and seiseth them, the other half, egally betwene thaym to be departed; and that every man have power by auctorite of parlement, to make serche in every place, uppon all suche staple godes so caryed or shipped, or layde to be shipped as is aforsaide, withoute impediment or destorbance of any persone: and this to be proclaimed where it apperteineth; withoute [p. iv-492][col. a] the which remedye, the saide untrouthes shall never be destroyed. | Wherefore may it please your wisdoms to hold all the foregoing in compassionate consideration and thought, your other matters specially remembered, and beseech the king from his noble grace, by the advice of the lords spiritual and temporal in this present parliament, to ordain by the authority of the same, that all the wool, woolfells and all other merchandise, that should go to the aforesaid staple by statute, which is found to have been shipped from any creeks contrary to the abovesaid ordinance, shall be forfeit; and in addition to this, that every person, whoever he is, who at any time ships or has shipped any kind of wool, woolfells, or any other merchandise to go to the foresaid staple, and it does not go there, shall forfeit as many goods as the wool, woolfells and other merchandise thus shipped and taken by them to places other than to Calais shall amount to, or be assessed as to their true value, except that which has been exempted to pass to other places by the king's licences: reserving for evermore to the king our sovereign lord the whole half of all such forfeitures which are cocketed and customed to go to Calais but do not go there, as it is said above; and the other whole half to those who find and seize the said merchandise, without any diminution, impediment, or hindrance: and if any person puts any wool, woolfells, or any other merchandise of the staple in any secret place adjoining the water's edge, wheresoever it be, and no indentures have been made thereupon between him and the mayor, bailiffs, or constable of the town in which such wool, woolfells, or any other merchandise of the staple has been so put of such wool, woolfells and merchandise put in such places, that then the same wool, woolfells and merchandise shall be forfeit. And that the king our sovereign lord shall have the one half of all such forfeitures, and the lord of the town where such merchandise has been put and he who finds and seizes it the other half, to be divided equally between them; and that every man shall have power by the authority of parliament to make search in every place of all such staple goods thus carried or shipped, or put to be shipped, as is said above, without the hindrance or disturbance of any person: and this shall be proclaimed where there is need; without [p. iv-492][col. a] which remedy the said deceptions shall never be destroyed. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voet. (fn. iv-481-126-1) | The king wills it. (fn. iv-481-126-1) |
| [memb. 2] | |
| VI. [Alien fishmongers.] | VI. [Alien fishmongers.] |
| 23. < Foreins et aliens. > Prient les communes: qe come en l'estatut fait a Westm', l'an .vi. e le roi Richard nadgairs roi d'Engleterre secounde, (fn. iv-481-129-1) ordeine et accorde estoit; qe chescun forein et alien esteant de l'amistee du roi, et de roialme, et venaunt deins la citee de Loundres, et autres citees, burghs et villes deins le dit roialme, sibien deins fraunchises come dehors, ovesqe pesson, et autres vitailles qeconqes, illeoqes demurantz et retournantz, serroit deslors desoutz la save garde et especial protection du roi, et qe bien lice a eux et a chescun de eux, et q'ils puissent trencher pesson et vitailles suisditz par peces, et a taille et a retaille, en partie < ou > en tout, ou en gros, come meulx lour semblera vendre, et lour profit faire, saunz empeschement ou countredit de nully; non obstantz ascuns estatutz, chartres, ordenaunces, privileges < ou > custumes, faitz ou euez a contrarie. Et sur ceo, par un autre estatut fait l'an primer le roi Henri quart, fuist ordinez et establiez, qe les ditz ordenaunces et estatut faitz le dit an sisme, serroit fermement tenuz et gardez, et duement executez, solonc la fourme et effect d'icelles; nient contristeantz ascuns lettres patentz, nadgairs grauntez a contrarie as pessoners de Loundres, come en le dit estatut, fait le dit an primer, pleinement appiert. | 23. Foreigners and aliens. The commons pray: whereas in the statute made at Westminster in the sixth year of King Richard the second late king of England (fn. iv-481-129-1) it was ordained and agreed that every foreigner and alien who is of the alliance of the king and of the realm and who comes into the city of London and other cities, boroughs and towns within the said realm, both in and outside franchises, with fish and any other victuals, when staying and returning there should be under the safeguard and special protection of the king, and that it should be fully lawful for them and for each of them that they might cut up the aforesaid fish and victuals into pieces and sell it at wholesale and at retail in part or in whole, as will seem best to them, and make their profit without being prevented or opposed by anyone; notwithstanding any statutes, charters, ordinances, privileges or customs made or held to the contrary. And thereupon, by another statute made in the first year of King Henry the fourth it was ordained and established that the said ordinances and statutes made in the said sixth year should be firmly upheld and observed, and duly executed according to the form and effect of them; notwithstanding any letters patent recently granted to the contrary to the fishmongers of London, as more fully appears in the said statute made in the first said year. |
| Please a nostre tressoverain seignur le roi, d'ordeigner et establier par auctorite de cest present parlement, qe les ditz estatutz soient fermement tenuz et gardez; ascuns autres estatutz ou ordenances faitz a contrarie nient obstantz. Ajoustant a icell, qe si ascun homme destourbe ascun forein ou alien, de vendre lour pessons en gros ou retaille, en partie ou en tout, a contrarie des ditz ordenances, et de ceo soit duement atteint al suite du roi ou de partie, qe adonqes il forfera .xl.li.; et celuy qi vorra suer pur le roi, ou pur luy mesmes, avera l'une moitee, et le roi l'autre moitee; et soit tiel suite pris pur ascun offense fait en la citee de Loundres, encountre la dite ordenance, pur celuy qe voudra suer pur le roi, ou pur luy mesmes, en quele countee qe luy plerra, des countees de Midd', Hertford', Essex, Kent, Surr', ou en la citee de Loundres. | May it please our most sovereign lord the king to ordain and establish by the authority of this present parliament that the said statutes shall be firmly upheld and observed; notwithstanding any other statutes and ordinances made to the contrary. Adding to this that if any man prevents any foreigner or alien from selling their fish wholsesale or retail, in part or in whole, contrary to the said ordinances, and is duly convicted of this at the suit of the king or of the party, that then he will forfeit £40; and he who wishes to sue on behalf of the king or for himself will have the one half and the king the other half; and let such a suit be taken for any offence committed in the city of London contrary to the said ordinance by him who wishes to sue on behalf of the king or for himself in any county that he pleases in the counties of Middlesex, Hertford, Essex, Kent, Surrey, or in the city of London. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voet. (fn. iv-481-133-1) | The king wills it. (fn. iv-481-133-1) |
| VII. [Spanish shipping.] | VII. [Spanish shipping.] |
| 24. < Aliens, etc. > Item, priount les communes: qe come les aliens del amistee le roi nostre soverain seignur, frettent et chargent les niefs, et autres vesselx des enemyes nostre dit soverain seignur d'Espayne et autres, quelle chose supporte et graundement enforce la navie des ditz enemyes; et auxi il est le pluis forte mesne, qe enforce ceux de la Rochell et autres divers adversaries au roi. Et auxint si aveigne, qe ascuns niefs ou vesselx des ditz enemyes, ensi ove ascuns merchandises < chargez, > soient prisez par les lieges du roi nostre dit soverain seignur sur le meer, les ditz aliens de l'amistee avauntdit, par colour de faux chartres, doubles lettres, merches countrefaites, et faux testemoignes de lour nation, clayment et demaundent les biens et merchandises des ditz < enemyes, ensi prisez > sur le meer, come lour biens propres, et a mesmes les biens et merchandises sount restorez, a graunde arrerisment de ceux qe les ount prise, et abbassement de corage des ditz lieges. | 24. Aliens, etc. Item, the commons pray: whereas the aliens of the alliance of the king our sovereign lord charter and load the ships and other vessels of our said sovereign lord's enemies of Spain, and others, which deed supports and greatly strengthens the navy of the said enemies; and also it is the main means of strengthening those of La Rochelle and various other adversaries of the king. And also if it happens that any ships or vessels of the said enemies thus loaded with any merchandise are seized by our said sovereign lord the king's lieges at sea, the said aliens of the aforesaid friendship, by pretext of forged charters, deceitful letters, counterfeit stamps, and false testimonials of their people, claim and demand the goods and merchandise of the said enemies thus seized at sea as their own goods, and the same goods and merchandise are returned to them, to the great ruin of those who have seized them, and the diminuition of the courage of the said lieges. |
| Qe please au roi nostre dit soverain seignur, de considerer les matiers suisdites, et de grauntier et ordiner par auctorite de cest present parlement qe si aveigne, qe ascuns merchandise des aliens de l'amistee avauntdite, soient prisez par les ditz lieges, apres le fest de Seint Michell [col. b] l'archangell proschein venaunt, en ascuns niefs ou vesselx des enemyes nostre dit soverain seignur, desoubz le saufe conductz ou protection nostre dit soverain seignur nient esteantz, qe adonqes les ditz lieges eux purront reteigner et enjoier, saunz ascun empeschement ou restitution ent affaire. Considerant, < qe > ceo serroit graunde encrese de navie de roialme, et de les custumes et subsidies de roi nostre dit soverain seignur, pur ceo qe les ditz enemyes d'Espaigne, ore dischargent lour niefs et vesselx a l'Escluse en Flaundres, l'ou eux par cell ordenaunce voudrent suer au roi nostre dit soverain seignur, et luy prier de pees et pluis voluntiers descharger en Engleterre, qe a l'Escluse suisdit. | May it please the king our said sovereign lord to consider the aforesaid matters and to grant and ordain by the authority of this present parliament that, if it happens that any merchandise of the aliens of the aforesaid friendship is seized by the said lieges after the next following Michaelmas [29 September 1436] [col. b] from any ships or vessels of our said sovereign lord's enemies who are not under the safe-conducts or protection of our said sovereign lord, that then the said lieges might retain and have the use of them without any prevention or restitution to be made thereupon. Considering that this will be to the great benefit of the navy of the realm, and of the custom and subsidies of our said sovereign lord the king, because the said enemies of Spain have recently unloaded their ships and vessels at Sluys in Flanders, whereas by that ordinance they would wish to sue to our sovereign lord the king and pray him peacefully and freely to unload in England rather than at aforesaid Sluys. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| The kyng will þat it bee as it is desired; as ferforth as it is not contrarie to þe liges made betwene þe kyng and eny of his alies, to dure for thre yeer, and lenger if it like þe kyng. (fn. iv-481-140-1) | The king wills that it shall be as it is desired; as long as it is not contrary to the alliances made between the king and any of his allies, to remain in force for three years, and longer if it pleases the king. (fn. iv-481-140-1) |
| VIII. [Debts to the crown.] | VIII. [Debts to the crown.] |
| 25. < Dettours a roy, etc. > Item, priount les communes: qe come divers gentz de roialme d'Engleterre, soient dettours a nostre seignur le roi, par voie de fermes de seignuries, terres et tenementz, de luy ou de ses auncestres pris, ou par voie d'apreste, ou par voie d'accompte de viscountz, eschetours, ou autres officers qeconqes, accomptantz en l'escheqer nostre seignur le roi, et de lour ditz dettez ount paiez au roi graunt partie de ceo q'est due au roi; nient obstant ceo processe est fait pur le roi, par les clerkes et officers de dit eschequer, par briefs issantz de dit escheqer, pur l'entier summe auncienment due au roi, sibien de ceo q'est pleinement paiez a roi, come de ceo q'est a paier; par colour des queux briefs, les ditz dettours sount grevousement distreintz par les viscountz de countees, eiant consideration a la graunt entier summe de demaunde de l'escheqer, ou graunt partie de ceo est pleinement paiez. | 25. The king's debtors, etc. Item, the commons pray: whereas various people of the realm of England are debtors of our lord the king by virtue of farms of lordships, lands and tenements held of him or of his ancestors, or by means of loans, or by means of accounts of sheriffs, escheators, or any other officers who account at the exchequer of our lord the king, and of their said debts they have paid to the king the greater part of that which is owed to the king; notwithstanding this, process is made on behalf of the king by the clerks and officers of the said exchequer by writs issued from the said exchequer for the entire sum formerly owed to the king, both for that which is fully paid to the king and for that which is to be paid; by virtue of which writs the said debtors are grievously distrained by the sheriffs of the counties who take into account the entire greater sum demanded at the exchequer when the greater part of that is fully paid. |
| Que please a nostre soverain seignur le roi, par auctorite de cest present parlement ordiner, qe null processe soit fait hors de dit escheqer, par la court, ne par nully des barons ne clerkes del dit escheqer en temps avenir, envers nully persone de cest roialme, pur null dette, ne pur null parcell de ascun dette, par ascun tiel persone duement paie en dit escheker ou aillours, par cause de quell paiement il doit ent estre discharge en le dit escheqer; sur peine de perdre son office, et de faire fyn et raunceon a nostre seignur le roi. | May it please our sovereign lord the king to ordain by the authority of this present parliament that in future no process shall be made out of the said exchequer by the court, nor by any of the barons or clerks of the said exchequer against any person of this realm for any debt, or for any part of any debt duly paid by any such person in the said exchequer or elsewhere, by means of which payment he ought to be discharged in the said exchequer; on pain of the loss of his office, and of making fine and ransom to our lord the king. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi s'advisera. (fn. iv-481-148-1) | The king will consider this further. (fn. iv-481-148-1) |
| IX. [Liability of ship owners.] | IX. [Liability of ship owners.] |
| 26. < Enemyes du roy. > Item, prient les communes: qe l'ou le navie du roialme nostre tressoverain seignur le roi, est graundement anientise et pres destruitz par les enemyes du roi nostre soverain seignur, et par ceux de Bretaigne, et auxi a cause qe si ascun homme en ascune nief, barge, balinger, batell ou vessell, ovesqe ascune apparaille d'eux, ou par l'eschier d'une pier ou autres semblables, ou par l'eschier d'un homme hors ou dedeins tielx niefs, barges, balingers, batelx ou vesselx, soit tue, les officers du roi nostre < dit > soverain seignur, demaundent tielx niefs, barges, balingers, batelx et vesselx, ove lour apparaille, come forfaitz au roi nostre dit soverain seignur, encountre bon foy et conscience; le quelle chose emport et sustret le corage et bone volunte des marchauntz et autres lieges du roi nostre < dit > soverain seignur, pur faire et de novell encrecer la navie suisdite. | 26. The king's enemies. Item, the commons pray: whereas the navy of our most sovereign lord the king's realm is greatly ruined and almost destroyed by our sovereign lord the king's enemies and by those of Brittany, and also because if any man is killed on any ship, barge, balinger, boat or vessel with any equipment with them, or by falling from a pier or other similar thing, or by a man falling outside or inside such ships, barges, balingers, boats or vessels, the officers of our said sovereign lord the king demand such ships, barges, balingers, boats and vessels with their equipment as forfeit to our said sovereign lord the king, contrary to good faith and conscience; which matter takes away and reduces the courage and goodwill of the merchants and other lieges of our said sovereign lord the king towards creating and increasing anew the aforesaid navy. |
| Que please au roi nostre dit soverain seignur, de considerer les matiers suisdites, et que pur mesmes les causes suisditz, ses subsidies et custumes sount graundement abbeissez, de grauntier et ordiner par auctorite de cest present parlement, qe pur les causes suisditz, et coment q'il aveigne qe ascun homme soit tue par ascun autre, qe par le possessour de tielx niefs, barges, balingers, batelx ou [p. iv-493][col. a] vesselx, en ascun nief, barge, balinger, batell ou vessell, qe par taunt ne soient tielx niefs, barges, balingers, batelx ne vesselx, ove lour apparaille, ne rien de eux, forfaitz de ceo jour en avaunt. Considerantz les notables expenses et costages, qe les ditz possessours ount entour le faisance d'eux. | May it please our said sovereign lord the king to consider the aforesaid matters, and that for the same aforesaid reasons his subsidies and customs are greatly reduced, to grant and ordain by the authority of this present parliament that because of the aforesaid reasons, and that [if] it happens that any man is killed by any person other than by the owner of such ships, barges, balingers, boats or [p. iv-493][col. a] vessels on any ship, barge, balinger, boat or vessel, that, for that reason, such ships, barges, balingers, boats or vessels, with their equipment, nor any of them, shall not be forfeit henceforth. Considering the notable expenses and costs which the said owners have as regards the making of them. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| The kyng will, that þe lawes and custumes had before this tyme be kept and observed. And if any man fele him greved ageyns þe seide lawes or custumes, if he will compleyne hym, he shall have remedie as lawe will. | The king wills that the laws and customs made in the past shall be upheld and observed. And if any man considers himself aggrieved contrary to the said laws or customs, if he will complain, he shall have such remedy as will be lawful. |
| X. [Trade with the Hanse.] | X. [Trade with the Hanse.] |
| 27. < Merchaunts of England. > To the right wise and discrete communes of this present parlement, shewen the marchauntz of Inglond, which were wont to repaire unto Pruce, and to the townes of the mene Hans: that howe the maistre of Pruce, with thassent of hem of the mene Hans townes, now late have bannyshed and exiled þe saide Englissh marchantz, oute of al hir londes and stremes, and hav put hem utterly from all manner bying and sellyng there, and sette hem fully oute of hir protections as hir mortal enemyes, for certeyn dette, which they clayme to be owyng hem by our soverain lord þe kyng, which bannyng hath be, and is like to be grete hurt to our soverain lord, and to his navye, and to al his royaume. Wherof to have remedie, the saide Englissh marchauntz in the monthe of Januer last passed, compleyned to oure soverain lord and his counseil. Wheruppon by advis of þe same our soverain lord counseil was than graunted, that þe marchantz aliens of þat parties, here y called esterlinges, shuld in these parties, be entreted in like fourme as Englissh marchantz weren there in hir parties, and theruppon was gyven in charge to thambassiatours, which þerfore passed over into Flaundres, to geve open relation þerof, unto hem of þe saide parties of Pruce, and of þe mene Hans. And in contrarie to þe saide graunte, and þe open relation þerof made as it is aforsaide; and also it is contrarie to þe grete chartre which is called Magna Carta, yit þe saide esterlinges arn here contynuelly susteyned, and suffred to have and enjoye here libertees and privileges as frely as ever they deden; and no Englissh marchant may or dar in hire saide parties in no wise come or appere. | 27. The merchants of England. To the most wise and discreet commons of this present parliament the merchants of England, who were accustomed to go to Prussia and to the towns of the middle Hanse, petition: whereas the master of Prussia, with the assent of those of the middle Hanse towns, have recently banished and exiled the said English merchants from all of their lands and rivers, and have completely prevented them from all kinds of buying and selling there, and have put them completely out of their protection as their mortal enemies on account of a certain debt which they claim is owed to them by our sovereign lord the king, which banishment has caused, and is likely to cause, great harm to our sovereign lord and to his navy, and to all his realm. To have a remedy thereupon the said English merchants complained to our sovereign lord and his council last January. Whereupon by the advice of our same sovereign lord's council, it was then granted that the alien merchants of those regions, here called easterlings, should be treated in these regions in a similar manner as the English merchants were in their regions, and thereupon the ambassadors who were going to Flanders were ordered to make this publicly known to those of the said regions of Prussia and of the middle Hanse. And it is contrary to the said grant, and the public declaration made of this, as it is said above; and it is also contrary to the great charter which is called Magna Carta, yet the said easterlings are here continually supported, and allowed to have and enjoy their liberties and privileges as freely as they ever did; and no English merchant may or dare go or appear in their said regions in any way. |
| Wheruppon like it to your wise discretions, to have these matiers in tendre consideration; and to considere, how that thambassiat last y made for þis mater into Flaundres, caused our soverain lorde and his saide marchauntz, to be put to grete costes and expenses, withoute ende or purpos; and yit more cost is like to cause at þis next ambassiat þerof, yif it be had, which may be supposed shal come to none avail or conclusion, olesse than oþer remedie þeruppon here be ordeined afore. And theruppon ye like to biseche our soverain lord and his counseil to ordeine, þat þe saide graunte be confermed by þe auctorite of this present parlement, so þat þe saide esterlinges be now deprived and adnulled of hir libertes and privileges in þese parties, and hens to be fully banned and exiled, in like fourme as þe grete chartre wele, and as þe saide marchauntz Englissh arn oute of hir parties; for els in certein, þere is non ende þeruppon like to be had, and they in no wise may forbere our soverain lordes londe and stremes. | Whereupon may it please your wise discretions to consider these matters compassionately; and to consider how that the embassy last made on this matter to Flanders caused our sovereign lord and his said merchants to be placed at great cost and expense without aim or purpose; and yet more cost is likely to caused as a result of this next embassy thereupon, if it takes place, which might be supposed to come to no avail or conclusion, unless another remedy is ordained here. And thereupon may it please you to beseech our sovereign lord and his council to ordain that the said grant shall be confirmed by the authority of this present parliament, so that the said esterlings shall now be deprived of and removed from their liberties and privileges in these regions, and to be fully banned and exiled in future, in a similar manner as the great charter allows, and as the said English merchants are out of their regions; for otherwise it is certain that there is no other conclusion to be had thereupon, unless they do not use our sovereign lord's land and rivers at all. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi s'advisera. | The king will consider this further. |
| XI. [Truces and safe-conducts.] | XI. [Truces and safe-conducts.] |
| 28. < Sauf conducts. > Priount les communes: qe come ordine soit et declare, par estatut fait en temps vostre tresnoble pier, qe Dieu assoille, l'an de son regne secunde, (fn. iv-481-165-1) pur [col. b] ceo qe devaunt la dite ordenaunce, divers gentz compris deins les treues sibien faitz par vostre dit noble pier, come par vostre tresnoble aiel, et auxi autres divers, eiantz saufconduitz sibien de vostre dit pier, come de vostre dit tresnoble aiel, ount estee ascuns tuez, ascuns robbez et dispoillez, par les lieges et subgitz du roi, sibien sur le haut meer, come deins les portes et costes du meer d'Engleterre, d'Irland et de Gales, par ount les ditz treues et saufconductz ount estee rumpuz et offenduz, a graunt dishonour et disclaundre du roi, et encountre sa dignite; et les ditz tuers des hommes, robbours, spoillours et offendours de les ditz trieux et saufconductz du roi, come desuis est declare, ount estez par diverses lieges et subgitz du roi, deins les costes de divers countees, recettez, abettez et procurez, counseillez, lowez, sustenuz et maintenuz; qe tielx tuerie, robberie, espoillerie, rumperie des trieux et saufconductz du roi, et volunteries resceit, abettement, procurement, counseill, louer, sustenaunce et maintenaunce, de tielx persones, affairs en temps avenir, par ascuns des lieges < et subgitz > du roi, deins le roialme d'Engleterre, d'Irland et de Gales, ou sur le haut meer, soient adjuggez et determinez pur haut treson, fait encountre la corone et dignite du roi. | 28. Safe-conducts.The commons pray: whereas it was ordained and declared by the statute made in the time of your most noble father, whom God absolve, in the second year of his reign [1414], (fn. iv-481-165-1) because [col. b] before the said ordinance some of the divers people named in the truces made by both your said noble father and by your most noble grandfather, and also several others who had safe-conducts from both your said father and from your said most noble grandfather, were killed, some robbed and stripped by the king's lieges and subjects, both on the high sea and within the ports and on the sea shores of England, of Ireland and of Wales, whereby the said truces and safe-conducts have been broken and offended against, to the great dishonour and shame of the king, and against his dignity; and the said killers of men, robbers, plunderers and offenders of the king's said truces and safe-conducts, as is stated above, have been received, abetted and procured, helped, hired, supported and maintained by several of the king's lieges and subjects along the shores of various counties; that such killing, robbery, plundering, breaking of the king's truces and safe-conducts, and willing receipt, abetment, procurement, help, hire, support and maintenance of such persons to be made in future by any of the king's lieges and subjects within the realm of England, of Ireland and of Wales, or on the high sea, shall be adjudged and determined as high treason committed against the crown and dignity of the king. |
| Que please a vous tresgracious seignur considerer, qe les peines contenuz et especifiez en l'estatut avauntdit, sount si rigerous et grevous envers voz lieges et subgitz, et eux si streitement lient, qe voz adversaries et enemyes, de fair guerre devers eux sount graundement embauldez et comfortez; et plusours de voz lieges et subgitz, auxibien sur le meer et costes du meer, come en les marches de vostre roialme d'Engleterre, sovent ount este ascuns disrobbez et dispoillez, et ascuns tuez; par ount plusours de voz lieges, enhabitantz en marches et costes suisditz, sount graundement anientisez et empoverisez, [memb. 1] et en point d'estre finalment destruez, et voz marchantz et mariners du passer sur le meer ove lour niefs et vesselx, ove lour merchandises, ou autrement en fair de guerre, pur le safe garde du meer, sount graundement ent discoragez et embeasshez, et la naveie de vostre roialme en point d'estre destruez, et voz marchantz du faire ou renoveller ascuns niefs ou vesselx, tout outrement discomfortez; d'ordiner par l'advis et assent des seignurs espirituelx et temporelx en cest present parlement esteantz, et par auctorite du mesme le parlement, qe null de voz lieges et subgitz par force du dit estatut, par nulle chose par luy attempte, fait ou a faire, encountre la fourme et tenour du dit estatuit, deins sept ans proscheins ensuantz apres le primer jour du cest present parlement, soit en ascun maner punisshe, empesche, molestee ou greve, par force du dit estatut, ne nulle peine encourage pur icelle, autrement qe il duist devaunt le faisance du dit estatut; eins qe il, ses heirs et executours, de toutz choses et peines contenuz et especifiez en le dit estatut, come par force du mesme l'estatut, a cause d'ascune offense fait durant le temps suisdit, envers vous, voz heirs et successours, soit tout outrement quitez et dischargez pur toutz jours. | May it please you most gracious lord to consider that the penalties contained and specified in the aforesaid statute are so rigorous and grievous against your lieges and subjects, and so closely constrain them, that your adversaries and enemies are greatly emboldened and encouraged to make war against them; and many of your lieges and subjects, both at sea and on the sea shores, and in the marches of your realm of England, have often been both robbed and stripped and others killed; whereby many of your lieges living in the aforesaid marches and along the shores are greatly ruined and impoverished, [memb. 1] and on the point of being totally destroyed, and your merchants and mariners are greatly discouraged and prevented from going to sea with their ships and vessels, with their merchandise, or otherwise in waging war, for the safe-keeping of the sea, and the navy of your realm is on the point of being destroyed, and your merchants completely discouraged from building or repairing any ships or vessels; to ordain by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, that none of your lieges and subjects by force of the said statute shall be punished, prevented, troubled or grieved in any way by force of the said statute for anything attempted, done or to be done by him contrary to the form and tenor of the said statute in the next following seven years after the first day of this present parliament, nor incur any penalty for it, other than he was bound before the making of the said statute; but that he, his heirs and executors, shall be completely quit and discharged forever of all things and penalties contained and specified in the said statute, as by force of the same statute, because of any offence committed during the aforesaid time against you, your heirs and successors. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voet. (fn. iv-481-169-1) | The king wills it. (fn. iv-481-169-1) |
| XII. [Abbots and priors as tax collectors.] | XII. [Abbots and priors as tax collectors.] |
| 29. < Abbes, priours etc. > Item, priount les communes: qe come en le parlement tenuz a Westm', le secounde jour du Maii, l'an du regne le roi Henri quint apres le conquest .ix. me , qe Dieu assoille, entre autres estoit ordine et estable; qe null abbe ne priour dedeins le roialme d'Engleterre, serroit par ascun archevesque ou evesque alors enavaunt, ordeigne d'estre coillour d'ascuns dismes ou subsidies hors del countee ou il est demurant ou conversant; et qe mesme l'ordenaunce estoisera en sa force, tanqe a parlement qe serra primerment tenuz, [p. iv-494][col. a] apres la revenir du mesme le nadgairs roi en Engleterre de par dela; le quel estatut par le trespassement du dit tresnoble roi de par dela, et sa noun revenu, est determine et en oultre a durer nient vaillable. (fn. iv-481-172-1) | 29. Abbots, priors, etc. Item, the commons pray: whereas in the parliament held at Westminster on 2 May in the ninth year of the reign of King Henry the fifth since the conquest, whom God absolve, it was ordained and established, among other things, that no abbot or prior in the realm of England shall be henceforth appointed by any archbishop or bishop to be a collector of any tenths or subsidies outside the county where he is dwelling or residing; and that the same ordinance shall remain in force until the parliament which will be held first [p. iv-494][col. a] after the return of the same late king to England from overseas; which statute has ceased to be effective by the death overseas of the said most noble king, and his non-return, and is not valid to last any longer. (fn. iv-481-172-1) |
| Please a vostre tresnoble grace, en relevation des ditz measons du religion, et en augmentation du divine service, considerant tresgracious seignur, qe plusours measons du religeon, sibien del fundation de voz nobles progenitours, come des autres, a cause du tiel deputation en pluis loigntisme pais de eux, et auxint a cause qe ascuns ount estez deputez d'estre coillours d'une disme, en diverses diocises, par diverses evesques, a un temps, par cause de petitz possessions qe mesmes les religeous ount ewe en mesmes les diocises, sount graundement [col. b] empoverez et anientisez, et ascuns robbez de ceo q'ils ount a vostre oeps de mesmes les dismes levez; de grauntier et ordiner par auctorite du cest present parlement, qe desore enavaunt, null abbe ne priour, n'autre religeon, dedeins le roialme d'Engleterre, soit par ascun archevesque ou evesque desore enavaunt, ordeigne d'estre coillour d'ascuns dismes ou subsidies, a vous, voz heirs et successours, a grauntiers hors del countee ou lour principall meason et esglise sount assis. Et qe si ascun abbe, priour, ou autre religeon, desore enavaunt, soit depute d'estre coillour d'ascuns dismes, ou parcell del disme, a contrarie du ceste ordinaunce, qe tiel deputation soit voide et tenuz pur null. | May it please your most noble grace, in relief of the said religious houses, and for the augmentation of divine service, considering most gracious lord that many religious houses, whether of the foundation of your noble progenitors or of other persons, are greatly impoverished and ruined because of such an appointment in a place far distant from their own, and also because some have been appointed to be collectors of one tenth in several dioceses by several bishops at one time because of the few possessions which the same religious have had in the same dioceses, [col. b] and some are robbed of that which they have levied of the same tenths for your use; to grant and ordain by the authority of this present parliament that in future no abbot or prior, nor other person of religion in the realm of England shall henceforth be appointed by any archbishop or bishop to be a collector of any tenths or subsidies for you, your heirs and successors, to be granted outside the county where their principal house and church are situated. And that if any abbot, prior, or other person of religion shall henceforth be appointed to be a collector of any tenths, or part of a tenth, contrary to this ordinance, that such an appointment shall be void and considered invalid. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi s'advisera. (fn. iv-481-176-1) | The king will consider this further. (fn. iv-481-176-1) |
Appendix 1435
Westminster
10 October - 23 December
1
. 'Therefore the said commissioners shall now say that previously, during the parliament the king, having ascertained the said malicious purpose of his enemies, willed and desired the lords then present to show their good will, aid and help for the said rescue [of Calais], the latter most kindly have offered to perform their full duty in that matter, and for the said rescue have granted that they will find at their own charge a large number of people for six weeks, and that many of them will serve in their own person'.
Source : BL Cotton Cleopatra FVI, f. 302, printed in POPC, IV, 352c (original in Middle English). At some point, the council instructed commissioners to raise a loan for the defence of Calais. Harris Nicolas dated this text to May or June 1436 on the ground that the duke of Burgundy's siege was laid in July. It is within these instructions that there is an implication that the king spoke in person at the parliament of 1435 to request the lords to give military aid. The text may also imply that a threat to Calais was expected sooner than actually materialised.
2
Because people are flocking to London because of the parliament, and more are likely to do so because of the convocation of clergy to be held there, the king has appointed William Child of London, fishmonger, and John atte Wood of London, fishmonger, during pleasure, to buy 1,000 quarters of wheat in the counties of Lincoln and York and to bring the same to London by land or water. Dated 25 October 1435.
Source : CPR 1429-36 , 489.
3
Letters of denization, pursuant to an act of the present parliament and for good service to the king's father and the king, for Rhys ap Madoc born in Wales. By petition in parliament. Dated 14 January 1436.
Source : CPR 1429-36 , 502.
4
In the parliament held at Westminster on 9 December last, the king desired Richard, earl of Salisbury and William, lord Fauconberg to cross to France and serve there, which they agreed to do subject to certain conditions and particularly to the consent of their mother, Joan, countess of Westmorland, without which they were unable to quit England for divers reasons, most notably because of their fears of suits, unlawful entries and other activities being carried out in their absence by Ralph, earl of Westmorland, and his brothers, to the prejudice of Joan, the earl of Salisbury, his brothers and the feoffees of Ralph, earl of Westmorland deceased. The countess has now appeared before the council and given her consent subject to certain securities being given by the earl of Westmorland, the which have now been given. The king now grants that in the event of the earl's bond being forfeited, it shall be sued by the king's attorney to the use of the countess and the earl of Salisbury and that the king will never release the earl of Westmorland from the said bond. Dated 11 March 1436.
Source : CPR 1429-36, 595; see also PRO E 28/56, no. 32.
5
Grant by advice of the council to William, earl of Suffolk who has indented to serve the king in France and who in the parliament last held at Westminster publicly excused himself from labours of wars, especially sieges or fields that, in the event of any misfortune to the king's lordship in those parts, which human care cannot always prevent, he shall be held discharged and excused by the king, and that on completion of the said half year he may return to the king with the same favour with which he is now leaving him. Dated 20 March 1436.
Source : CPR 1429-36, 590.
6
Letters of denization, pursuant to an act of the last parliament, for James Fynaunce born in the city of Metz in the duchy of Lorraine who has been a resident in England for 20 years. By petition in parliament. Dated 9 May 1436
Source : CPR 1429-36 , 517.
7
Whereas in the last parliament the commonalities of England by assent of the lords granted the king a subsidy payable by everyone having a freehold of 1000 s or more, and at the motion of the council, the king directed letters to the liberty of Durham and Sedbergh. These letters have not taken effect but men of the areas have rendered of their free will the sum due. Order that this should not be taken as a precedent, and that in future men of the liberty should not be sent such letters. Dated 28 Feb. 1437.
Source : CPR 1436-41 , 43.
8
Letters of denization, by the advice and assent of the lords spiritual and temporal and at the special request of the commonalty of England in the parliament held at Westminster on 10 October 1435, for Morgan Merdith of Camarthen. By petition in parliament. Dated 4 July 1441.
Source : CPR 1436-41 , 560.
8
Petition of Thomas Norton of Bristol 'to the wise and discrete commons of this present parliament' concerning a bill he has pending before the lords of the king's council against Thomas Stamford also of Bristol on two matters: the breaking and razing of the seals of a deed made by Christian Neel under her seal and the seal of the mayor of Bristol concerning her tenement; and the feigning of a false action of debt by Thomas Stamford under an assumed name in the county of Surrey. He petitions that it might please the commons to pray our sovereign lord the king and all the lords spiritual and temporal of this present parliament to see that this matter is thus certified and examined to be ordained by authority of parliament that the deed may be effectual in law and that Stamford might be examined on the other matter.
Source : PRO SC 8/26/1307, printed in Anthology of Chancery English , 241-3, where it is wrongly claimed to be from RP , iv .509. The petition at that location (Parliament of 1437, item 38) concerns a petition put forward by the executors of Thomas Norton. The above petition must therefore belong to an earlier parliament, and most likely that of 1435. For Norton see HOC , II.852-4.
9
By the king. For as much as since the time that we wrote to you last, by our writs given under our great seal, that you should be with us in our parliament at our palace of Westminster on 10 October next, as you know well there has fallen upon us so great and weighty matters and charges concerning the well being of us and of this our realm that the provision of remedy seems to need the whole advice and counsel of all the estates of our parliament, we desire and charge you as you love us that, all excuses set aside, you should be with us and the rest of the lords of our parliament at our said palace on the said day contained in our write sent unto you in order to give your assent and advice on the said remedies, knowing for certain that at this time we cannot excused your not coming in person in any way. Given on the twenty-eighth day of September, in the fourteenth year. [28 September 1435]
Source : PRO E28/56 (unnumbered. On paper. Original in Middle English. Attached to this is a list of lords as follows:
The archbishop of Canterbury
The archbishop of York
The bishop of London
The bishop of Bath and Wells
The bishop of Lincoln
The bishop of Ely
The bishop of Winchester
The bishop of Bangor (this bishop and the next are marked 'B')
The bishop of Carlisle (also marked +)
The bishop of Norwich
The bishop of Chichester (this bishop and the remainder in the list are grouped and marked 'h')
The bishop of Hereford
The bishop of Salisbury
The bishop of Worcester
The bishop of Llandaff
The bishop of Durham
The bishop of St Davids
The bishop of Coventry and Lichfield
The bishop of Rochester (also marked +)
The bishop of Exeter (also marked +)
The bishop of St Asaph
A list of abbots then follows:
(the following group are marked 's')
St Peters
Cochester
Bury St Edmunds
Abingdon
Walthan
St Albans
Bardeney
(The following group are marked 'ill')
Selby
Benet of Holme
Glastonbury
Malmsesbury
Crowland
Battle
Shrewsbury
Cirencester
Gloucester
(The following group are marked 'ab')
Westminster
Thorney
Evesham
Ramsey
Hyde
Winchcombe
St Augustines Canterbury
Prior of Coventry
Prior of St John of Jerusalem
Abbot of Reading
On the dorse of the list are the following names of lay peers/
(The following group are marked but the letter is illegible)
Audeley
Latimer (deleted)
Botreaux
Dacre (marked +)
Strange (marked +)
Harrington
Morley
(The following group are marked 'f'or 'p')
Grey of Codnor
Grey of Ruthin
Lovel
Fanhope
Ferrers
Fitzhugh
Earl of Westmorland
Zouche
(The following group are marked 'v')
Berkeley
Welles
Greystoke
(The following group are marked s)
Poynynges
De la Warre