(October, 1311. French text and translation, 1 S. R. 157. 2 Stubbs, 344. The original ordinances form the first six articles of the New Ordinances.)
EDWARD by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to all to whom these letters shall come, Greeting. Know ye that whereas on the sixteenth day of March, in the third year of our reign, to the honor of God, and for the weal of us and of our realm, we did grant of our free will by our letters patent to the prelates, earls, and barons of our said realm, that they might choose certain persons of the prelates, earls, and barons, whom they should see fit to call unto them; and we did also grant, by the same letters, to those who should be chosen, whosoever they should be, by the said prelates, earls, and barons, full power to order the state of our household. and of our realm before mentioned, * * *: and the honorable father in God Robert, by the grace of God archbishop of Canterbury, primate of all England, the bishops, earls, and barons thereunto chosen, by virtue of our said letters, have ordained upon the said matters in the form which followeth:
Forasmuch as by bad and deceitfull counsel our lord the king and all his subjects, are dishonored in all lands; and moreover the crown hath been in many points abased and dismembered, and his lands of Gascony, Ireland, and Scotland on the point of being lost, if God do not give amendment; and his realm of England upon the point of rising, on account of oppressions, prises, and destructions; the which things being known and shown, our lord the king, of his free will hath granted to the prelates, earls, and barons, and to the other good people of his realm, that certain persons should be chosen to order and establish the state of his household and of his realm, as more fully appears by the commission of our lord the king thereof made: Wherefore we, Robert, by the grace of God archbishop of Canterbury, primate of all England, the bishops, earls, and barons chosen by virtue of the said corn mission, do ordain, to the honor of God and of holy Church, and to the honor of the king and of his realm, in the manner which followeth:
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4. Moreover, it is ordained, that the customs of the realm be kept and received by people of the realm, and not by aliens; and that the issues and profits of the same customs, together with all other issues and profits of the realm arising from any matters whatsoever, shall come entirely to the king’s exchequer, and by the treasurer and the chamberlains shall be delivered, to maintain the household of the king, and otherwise to his profit, so that the king may live of his own, without taking prises other than those anciently due and accustomed; and all others shall cease.
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9. Forasmuch as the king ought not to undertake deed of war against any one, nor to go out of his realm, but by common assent of his baronage, for the many perils that may happen to him and his realm, we do ordain, that the king henceforth shall not go out of his realm, nor undertake against any one deed of war, without the common assent of his baronage, and that in parliament. And if he otherwise do, and upon such enterprise cause to be summoned his service, such summons shall be for none; and if it happen that the king undertake deed of war against any one, or go out of the realm, with the assent of his said baronage, and it be necessary that he appoint a guardian in his realm, then he shall appoint him with the common assent of his baronage, and that in parliament.
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11. Also, new customs have been levied, and the old enhanced, as upon wools, cloths, wines, avoir de pois, and other things, whereby the merchants come more seldom, and bring fewer good into the land, and the foreign merchants abide longer than they were wont to do, by which abiding things become more dear than they were wont to be, to the damage of the king and his people; we do ordain, that all manner of customs and imposts levied since the coronation of king Edward, son of king Henry, be entirely put out, and altogether extinguished for ever, notwithstanding the charter which the said king Edward made to the merchants aliens, because the same was made contrary to the Great Charter and the franchise of the city of London, and without the assent of the baronage, and if any, of whatsoever condition he be, do take or levy any thing beyond the ancient customs due and rightful, or make disturbance, whereby the merchants cannot of their goods do their will, and therof be attainted, there shall be awarded to the plaintiffs their damages, having regard to the purchase, to the suit, to the costs and losses which they shall have had, and to the violation of the Great Charter; and the trespasser shall be imprisoned according to the quantity of the trespass, and according to the discretion of the justices, and he shall never be in the king’s service; saving nevertheless to the king the customs of wools, woolfells, and leather; that is to say, for each sack of wool, half a mark, and for three hundred woolfells, half a mark, and for a last of leather, one mark, if the goods be liable thereto: and henceforth merchants strangers shall come, abide, and go according to the ancient customs, and according to that which of old they were wont to do.
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14. And forasmuch as many evils have come to pass by such counsellors and such ministers, we do ordain that the king do make the chancellor, chief justice of the one bench and the other, the treasurer, the chancellor and chief baron of the exchequer, the steward of his household, the keeper of his wardrobe, and comptroller and a fit clerk to keep the privy seal, a chief keeper of the forests on this side of Trent, and another on the other side of Trent, and also an escheator on this side of Trent and another on the other side of Trent, and the chief clerk of the king in the common bench, by the counsel and assent of his baronage, and that in parliament; and if it happen by any chance, that it be expedient to appoint any of the said ministers before there be a parliament, then the king shall appoint thereto by the good counsel which he shall have near him, until the parliament. And so it shall henceforth be done of such ministers when need shall be.
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17. Moreover we do ordain, that the sheriffs be from henceforth appointed by the chancellor, the treasurer and the others of the council who shall be present; and if the chancellor be not present, they shall be appointed by the treasurer and barons of the exchequer, and by the justices of the bench, and that such be appointed and made who are fit and sufficient and who have lands and tenements whereof they can answer to the king and to the people for their deeds, and that no other than such be appointed, and that they have their commission under the great seal.
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29. * * * : We do ordain, that the king shall hold a parliament once in the year, or twice, if need be, and that in a convenient place: * * *
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32. Forasmuch as the law of the land and common right are often delayed, by letters issued under the king’s privy seal, to the great grievance of the people, we do ordain, that from henceforth the law of the land and common right be not delayed nor disturbed by letters of the said seal; and if any thing be done in any of the places of the court of our lord the king, or elsewhere, by such letters issued under the privy seal against right or the law of the land, it shall avail nothing, and be holden for none.
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* * * Given at London, the fifth day of October, in the fifth year of our reign.
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(November, 1316. Latin text and translation, 1 S. R. 171. 2 Stubbs, 356.)
THE king to all to whom, &c., Greeting.
Understand ye, that whereas * * *: and of late in our parliament holden at Lincoln, the ninth year of our reign, we caused the articles underwritten, with certain answers made to some of them heretofore, to be rehearsed before our council, and made certain answers to be corrected; and to the residue of the articles underwritten, answers were made by us and our council; of which said articles, with the answers of the same, the tenors here ensue.
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6. Also if any cause or matter, the knowledge whereof belongeth to a court spiritual, and shall be definitively determined before a spiritual judge, so that it pass into a judgment, nor was not in suspense by an appeal; and after, if upon the same thing a question is moved before a temporal judge between the same parties, and it be proved by witness or instruments, such an exception is not to be admitted in a temporal court. The answer. When any one case upon different grounds, is debated before judges spiritual and temporal, as above appeareth upon the case of laying violent hands on a clerk, they say, that notwithstanding the spiritual judgment, the king’s court shall discuss the same matter according as it may seem expedient to that court.
7. Also the king’s letter is used to be directed unto ordinaries, that have wrapped those that be in subjection unto them in the sentence of excommunication, that they should absolve them by a certain day, or else that they do appear, and show wherefore they have excommunicated them: the answer. The king decreeth, that hereafter no such letters shall be suffered to go forth, but in case where it is found that the king’s liberty is prejudiced by the excommunication.
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Witness the king at York, the twenty-fourth day of November, in the tenth year of the reign of king Edward, the son of king Edward.
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(May, 1322. French text and translation, 1 S. R. 189. 2 Stubbs, 369.)
WHEREAS our lord king Edward, son of king Edward, on the sixteenth day of March in the third year of his reign, to the honor of God, and for the weal of himself and his realm, did grant unto the prelates, earls, and barons of his realm, that they might choose certain persons of the prelates, earls, and barons, and of other lawful men whom they should deem sufficient to be called unto them, for the ordaining and establishing the estate of the household of our said lord the king, and of his realm according to right and reason, and in such manner that their ordinances should be made to the honor of God, and to the honor and profit of holy Church, and to the honor of the said king, and to his profit and to the profit of his people, according to right and reason, and to the oath which our said lord the king made at his coronation: and the archbishop of Canterbury, primate of all England, the bishop, earls, and barons thereunto chosen, did make certain ordinances which begin thus:
“Edward by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to all to whom these letters shall come, Greeting. Know ye that whereas on the sixteenth day of March in the third year of our reign, to the honor of God, &c.” and which end thus, “Given at London the fifth day of October in the fifth year of our reign.”
The which ordinances our said lord the king, at his parliament at York, in three weeks from Easter in the fifteenth year of his reign, did, by the prelates, earls, and barons, among whom were the more part of the said Ordainers who were then living, and by the commonalty of his realm, there by his command assembled, cause to be rehearsed and examined: and forasmuch as upon that examination it was found, in the said parliament, that by the matters so ordained the royal power of our said lord the king was restrained in divers things, contrary to what ought to be, to the blemishing of his royal sovereignty, and against the estate of the crown; and also, forasmuch as, in time past, by such ordinances and provisions, made by subjects against the royal power of the ancestors of our lord the king, troubles and wars have happened in the realm, whereby the land hath been in peril, it is accorded and established, at the said parliament, by our lord the king, and by the said prelates, earls, and barons, and the whole commonalty of the realm, at this parliament assembled, that all the things, by the said ordainers ordained and contained in the said ordinances, shall from henceforth for the time to come cease and shall lose their name, force, virtue, and effect for ever; the statutes and establishments duly made by our lord the king and his ancestors, before the said ordinances, abiding in their force: and that forever hereafter, all manner of ordinances or provisions, made by the subjects of our lord the king or of his heirs, by any power or authority whatsoever, concerning the royal power of our lord the king or of his heirs, or against the estate of our said lord the king or of his heirs, or against the estate of the crown, shall be void and of no avail or force whatever; but the matters which are to be established for the estate of our lord the king and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded and established in parliaments, by our lord the king, and by the assent of the prelates, earls, and barons, and the commonalty of the realm; according as it hath been heretofore accustomed.
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(March, 1324. Latin text and translation, 1 S. R. 194.)
* * * WHEREUPON, the greater part of the king’s council, as well the justices as other lay persons being assembled together, the said justices affirmed precisely, that our lord the king, and other lords of the fees aforesaid, might well and lawfully, by the laws of the realm, retain the foresaid lands as their escheats, in regard of the ceasing and dissolution of the order aforesaid: but because the lands and tenements aforesaid were given to the brethren of the said order for the defence of Christians, * * * ; it seemed good to our lord the king, the noblemen, and others assembled in the same parliament, for the health of their souls, * * * , that the foresaid lands and tenements, * * * , and all other things pertaining thereunto, * * * , shall be assigned and delivered to other men of most holy religion; * * * : and thereupon in the same parliament it is agreed, ordained and established for law to continue for ever in this behalf, that neither our lord the king, nor any other lords of the fees aforesaid, or any other person, hath title or right to retain the foresaid lands and tenements, with the appurtenances or any part thereof, in the name of escheat, or by any other means, or hereafter to challenge the same lands in respect of the ceasing or dissolution of the foresaid military order of Templars, whereof the brethren of the same order were seised in their demesnes as of fee, at the time of ceasing and dissolution aforesaid: * * * : it is agreed and enacted in the said parliament * * * that all the lands, tenements, lordships, fees, churches, advowsons of churches, and liberties, with all things to them any way belonging, which were the said Templar’s at the time of their ceasing and dissolution, shall be assigned and delivered to the foresaid Order of the Hospital, and to the prior and brethren of the same Hospital, to remain to them and their successors forever: * * *
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(January, 1327. French text, Twysden’s Historiae Anglicanae Scriptores Decem, 2765. Translation by Editors. 2 Stubbs, 379.)
IT has been decided that prince Edward, the eldest son of the king shall have the government of the realm and shall be crowned king, for the following reasons:
1. First, because the king is incompetent to govern in person. For throughout his reign he has been controlled and governed by others who have given him evil counsel, to his own dishonor and to the destruction of holy Church and of all his people, without his being willing to see or understand what is good or evil or to make amendment, or his being willing to do as was required by the great and wise men of his realm, or to allow amendment to be made.
2. Item, throughout his reign he has not been willing to listen to good counsel nor to adopt it nor to give himself to the good government of his realm, but he has always given himself up to unseemly works and occupations, neglecting to satisfy the needs of his realm.
3. Item, through the lack of good government he has lost the realm of Scotland and other territories and lordships in Gascony and Ireland which his father left him in peace, and he has lost the friendship of the king of France and of many other great men.
4. Item, by his pride and obstinacy and by evil counsel he has destroyed holy Church and imprisoned some of the persons of holy Church and brought distress upon others and also many great and noble men of his land he has put to a shameful death, imprisoned, exiled, and disinherited.
5. Item, wherein he was bound by his oath to do justice to all, he has not willed to do it, for his own profit and his greed and that of the evil councillors who have been about him, nor has he kept the other points of his oath which he made at his coronation, as he was bound to do.
6. Item, he has stripped his realm, and done all that he could to ruin his realm and his people, and what is worse, by his cruelty and lack of character he has shown himself incorrigible without hope of amendment, which things are so notorious that they cannot be denied.
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(June, 1328. French text and translation, 1 S. R. 257. 2 Stubbs, 390, 613.)
2. ITEM, whereas offenders have been greatly encouraged, because that charters of pardon have been so easily granted in times past, of manslaughters, robberies, felonies, and other trespasses against the peace; it is ordained and enacted, that such charter shall not be granted, but only where the king may do it by his oath, that is to say, where a man slayeth another in his own defence, or by misfortune: * * *
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12. Item, whereas all the counties in England were in old time assessed to a certain ferm, and then were all the hundreds and wapentakes in the sheriff's hands rated to this ferm; and after were approvers sent into divers counties, which did increase the ferms of some hundreds and wapentakes; and after, the kings at divers times have granted to many men part of the same hundreds and wapentakes for the old ferms only; and now late the sheriffs be wholly charged of the increase, which amounteth to a great sum, to the great hurt of the people, and disherison of the sheriffs and their heirs: it is ordained, that the hundreds and wapentakes let to ferm by the king that now is, be it for term of life or otherwise, which were sometime annexed to the ferms of the counties where the sheriffs be charged, shall be joined again to the counties; and that the sheriffs and their heirs have allowance for the time that is past; and that from henceforth such hundreds and wapentakes shall not be given nor severed from the counties.
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(1330. French text and translation, 1 S. R. 261. 2 Stubbs, 286, 391.)
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2. ITEM, it is ordained, that good and discreet persons, other than of the places, if they may be found sufficient, shall be assigned in all the shires of England, to take assizes, juries, and certifications, and to deliver the jails; and that the said justices shall take the assizes, juries, and certifications, and deliver the jails, at the least three times a year, and more often, if need be; also there shall be assigned good and lawful men in every county to keep the peace; and in the said assignments, mention shall be made that such as shall be indicted or taken by the said keepers of the peace, shall not be let to mainprise [bail] by the sheriffs, nor by none other ministers, if they be not mainpernable by the law; nor that such as shall be indicted shall not be delivered but at the common law. And the justices assigned to deliver the jails shall have power to deliver the same jails of those that shall be indicted before the keepers of the peace; and that the said keepers shall send their indictments before the justices, and they shall have power to enquire of sheriffs, jailers, and others, in whose ward such indicted persons shall be, if they make deliverance, or let to mainprise any so indicted, which be not mainpernable, and to punish the said sheriffs, jailers, and others, if they do anything against this act.
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13. Item, because divers charters of pardon have been granted of felonies, robberies, and manslaughters, against the form of the statute lately made at Northampton, containing that no man should have such charters out of the parliament, whereby such misdoers have been the more bold to offend; it is enacted, that from henceforth the same statute shall be kept and maintained in all points.
14. Item, it is accorded that a parliament shall be holden every year once, or more often if need be.
15. Item, because sheriffs have before this time let hundreds and wapentakes in their bailiwicks to so high ferm, that the bailiff cannot levy the said ferm, without doing extortion and duress to the people; it is ordained, that the sheriffs shall from henceforth let their hundreds and wapentakes for the old ferm, and not above; and that the justices assigned shall have power to enquire of the said sheriffs, and punish them that shall be found offending against this statute.
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(April, 1340. First statute of 14 Edward III. French text and translation, S. R. 281. 2 Stubbs, 401.)
To the honor of God and of holy Church, by the assent of the prelates, earls, barons, and other, assembled at the parliament holden at Westminster the Wednesday next after Mid-Lent, in the fourteenth year of the reign of our lord king Edward the Third of England, and the first year of his reign of France; the king for the peace and quietness of his people, as well great as small, doth grant and establish the things underwritten, which he wills to be holden and kept in all points perpetually to endure.
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4. Item, because many mischiefs have happened in divers counties of England, which had no knowledge of presentment of Englishry, whereby the commons of the counties were often amerced before the justices in eyre, to the great mischief of the people; it is assented, that from henceforth no justice errant shall put in any article or opposition, presentment of Englishry against the commons of the counties, nor against any of them; but that Englishry and presentment of the same, be wholly out and void forever, so that no person by this cause may be from henceforth impeached.
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20. Item, for the grants, releases, and pardons of the debts, chattels of felons and fugitives, and many other things and good establishments above written, which the king hath granted to the prelates, earls, barons, and all the commons of his realm, for the ease of them perpetually to endure, the said prelates, earls, barons, and all the commons of the realm, willing of one assent and good will, having regard to the will that the king their liege lord hath towards them, and to the great travail that he hath made and sustained as well in his wars of Scotland, as against the parts of France, and other places, and to the good will which he hath to travail to keep his realm, and maintain his wars, and to purchase his rights: they have granted to him the ninth lamb, the ninth fleece, and the ninth sheaf, to be taken by two years then next to come. And of cities and boroughs the very ninth part of all their goods and chattels, to be taken and levied by lawful and reasonable tax by the same two years, in aid of the good keeping of this realm, as well by land as by sea, and of his wars, as well against the parts of Scotland, as against the parts of France, Gascony, and elsewhere. And in right of merchants foreign, which dwell not in the cities nor boroughs, and also of other people that dwell in forests and wastes, and all others that live not of their tillage, or their store of sheep, by the good advice of them which shall be deputed taxers, they shall be set lawfully at the value to the fifteenth, without being unreasonably charged; and it is not the intent of the king, nor of other great men, nor the commons, that by this grant made to the king of fifteenths, the poor cotiers, nor other that live of their bodily travail, shall be comprised within the tax of the said fifteenths, but shall be discharged by the advice of them which be deputed taxers, and of the great men which be deputed surveyors.
21. Item, though the commons of the realm did pray the king, that he would by assent of the parliament grant and establish, that never should be taken more custom of a sack of wool than half a mark, nor of lead, nor tin, leather, nor woolfells, but the old custom: nevertheless the king prayed the prelates, earls, barons, and all the commonalty, for the great business which he hath now in hand as they well know, that they would grant to him some aid upon the wools, leather, woolfells, and other merchandises, to endure for a small season; whereupon deliberation had, the said prelates, earls, barons, and commons of his realm, hath granted to him forty shillings to be taken of every sack of wool, and forty shillings of every three hundred woolfells, and forty shillings of every last of leather, and other merchandises that pass beyond the sea, after the rate; and to begin at the feast of Easter, in the fourteenth year of his reign, and to endure till the feast of Pentecost, then next following, and from that feast till the feast of Pentecost then next ensuing in a whole year.
And for this grant, the king by the assent of the prelates, earls, barons, and all others assembled in parliament, hath granted, that from the feast of Pentecost, that cometh in a year, he nor his heirs shall not demand, assess, nor take, nor suffer to be taken more custom of a sack of wool of any Englishman, but half a mark of custom only; and upon the woolfells and leather the old custom; and the sack ought to contain twenty-six stones, and every stone fourteen pounds. * * * And this establishment lawfully to be holden and kept, the king hath promised in the presence of the prelates, earls, barons, and others in his parliament, no more to charge, set, or assess, upon the custom, but in the manner as afore is said. In the same manner the prelates, earls, and barons have promised lawfully, as much as in them is, that they shall procure the king, as much as they may, to hold the same; and that they shall in no wise assent to the contrary, if it be not by assent of the prelates, earls, barons, and commons of the realm, and that in full parliament. And for the more greater surety, and to give cause to all to eschew to counsel to the contrary of this point established, the prelates have promised to give sentence upon all them that come against the same in any point.
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(April, 1340. Second statute of 14 Edward III. French text and translation, 1 S. R. 2S9. 2 Stubbs, 402.)
EDWARD, by the grace of God, king of England and of France, and lord of Ireland, to all to whom these letters shall come, Greeting.
1. Know ye, that whereas the prelates, earls, barons, and commons of our realm of England, in our present parliament holden at Westminster the Wednesday next after the Sunday of Middle Lent, the fourteenth year of our reign of England, and the first of France, have granted to us of their good gree and good will, in aid of the speed of our great business which we have to do, as well on this side the sea as beyond, the ninth sheaf, the ninth fleece, and the ninth lamb, to be taken by two years next coming after the making of the same, and the citizens of cities and the burgesses of boroughs, the very ninth part of all their goods; and the foreign merchants, and others which live not of tillage, nor of store of sheep, the fifteenth of their goods lawfully to the value: we, willing to provide for the indemnity of the said prelates, earls, barons, and others of the commonalty and also of the citizens, burgesses, and merchants aforesaid, will and grant for us and our heirs, to the same prelates, earls, barons and commons, citizens, burgesses and merchants, that the same grant which is so chargeable, shall not another time be had forth in example, nor fall to their prejudice in time to come, nor that they be from henceforth charged nor grieved to make common aid, or to sustain charge, if it be not by the common assent of the prelates, earls, barons, and other great men, and commons of our said realm of England, and that in the parliament; and that all the profits rising from the said aid, and of the wards and marriages, customs and escheats, and other profits rising of the said realm of England, shall be put and spent upon the maintenance of the safeguard of our said realm of England, and of our wars in Scotland, France, and Gascony, and in no places elsewhere during the said wars.
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(April, 1340. Third statute of 14 Edward III. French text and translation, 1 S. R. 292. 2 Stubbs, 402.)
THE king to all to whom these letters shall come, Greeting:
Know ye, that whereas some people do think, that by reason that the realm of France is devolved to us as right heir of the same, and forasmuch as we be king of France, our realm of England should be put in subjection of the king and of the realm of France in time to come; we, * * * will and grant and establish for us, and for our heirs and successors, by assent of the prelates, earls, barons, and commons * * * that * * * our said realm of England, nor the people of the same, of what estate or condition they be, shall not in any time to come be put into subjection nor in obeisance of us, nor of our heirs nor successors as kings of France; * * *
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(May, 1341. French text, 2 R. P. 128, 130. Translation by Editors. 2 Stubbs, 409.)
12. ITEM, the great men and commons of the land pray, for the common profit of the king and of themselves, that certain persons be deputed by commission to audit the accounts of all those who have received the wool of our said lord, or other aids granted to him; and also of those who have received and paid out his money, as well beyond the seas as in the realm from the commencement of his war until now: and that the rolls and other remembrances, obligations, and other things made abroad be delivered into the chancery, to be enrolled and recorded, just as was wont to be done heretofore.
38. Item, as to the second article, that is to say, of auditing accounts of those who have received the wool of the king, and other aids, etc. It is the king’s pleasure that this be done by good men deputed for the purpose, with the addition that the treasurer and the chief baron be of the number: and that it be done concerning this as it was heretofore ordained: and that the lords be chosen in this parliament. And also that all rolls, remembrances, and obligations made beyond the sea, be delivered into the chancery.
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(May, 1341. French text and translation, 1 S. R. 295. 2 Stubbs, 409.)
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1. FIRST, it is accorded and assented, that the franchise of holy Church, and the Great Charter, and the Charter of the Forest, and the other statutes made by our sovereign lord the king and his progenitors, peers, and the commons of the land, for the common profit of the people, be firmly kept and maintained in all points. And if anything be from henceforth made against the Great Charter, and the Charter of the Forest it shall be declared in the next parliament, and by the peers of the realm it shall be duly redressed. And if any, of what condition he be, do any thing to the contrary he shall stand to the judgment of the peers in the next parliament, and so from parliament to parliament, as well of franchises used, as of them which shall be now granted; and that the franchises granted by our sovereign lord the king, or his progenitors, to holy Church, to the peers of the land, to the city of London and to other cities and boroughs, and to them of the five ports, and to the commons of the land, and all their franchises and free customs shall be maintained in all points, without any thing doing to the contrary. And that the writs demanded to have allowance of charters, of franchises and customs, charters of pardons, of debts, and of all other things granted by the king, and by his progenitors before this time, be freely granted without disturbance before all manner justices, or other ministers where it needeth to have allowance, and they shall be made quit at the exchequer, or elsewhere.
2. Item, whereas before this time the peers of the land have been arrested and imprisoned, and their temporalties, lands and tenements, goods and chattels, asseised in the king’s hands, and some put to death without judgment of their peers: it is accorded and assented that no peer of the land, officer or other, because of his office, nor of things touching his office, nor by other cause shall be brought in judgment to lose his temporalties, lands, tenements, goods and chattels, nor to be arrested, nor imprisoned, outlawed, exiled, nor forejudged, nor put to answer, nor to be judged, but by award of the said peers in the parliament. Saving always to our sovereign lord the king, and his heirs in other cases the laws rightfully used, and by due process, and saved also the suit of the parties. And if perchance any peer will, of his agreement, elsewhere answer or be judged, but in the parliament, that the same shall not turn in prejudice of the other peers, nor of himself in any other case; except if any of the peers be sheriff or fermer of fee, or hath been officer, or hath received money, or other chattels of the king, because of which office or receipt he is bound to account, that the same shall account by himself or by his attorney in places accustomed; so that the pardons before this time made in the parliament, shall stand in their force.
3. Item, because that the points of the Great Charter be blemished in divers manners, and less well holden than they ought to be, to the great peril and slander of the king, and damage of his people especially inasmuch as clerks, peers of the land, and other free men be arrested and imprisoned, and ousted of their goods and chattels, who were not appealed nor endited, nor suit of the party against them affirmed: it is accorded and assented, that from henceforth such things shall not he done. And if any minister of the king, or other person, of what condition he be, do or come against any point of the Great Charter, or other statutes, or the laws of the land, he shall answer in the parliament, as well at the king’s suit, as at the suit of the party, where no remedy nor punishment was ordained before this time, as far forth where it was done by commission or commandment of the king, as of his own authority, notwithstanding the ordinance made before this time at Northampton, which by assent of the king, the prelates, earls, barons, and the commonalty of the land, in this present parliament is repealed and utterly annulled. And that the chancellor, treasurer, barons, and chancellor of the exchequer, the justices of the one bench and of the other, justices assigned in the country, steward and chamberlain of the king’s house, keeper of the privy seal, treasurer of the wardrobe, controllers, and they that be chief deputed to abide nigh the king’s son duke of Cornwall, shall be now sworn in this parliament, and so from henceforth at all times that they shall be put in office, to keep and maintain the privileges and franchises of holy Church, and the points of the great Charter, and the Charter of the Forest, and all other statutes, without breaking any point.
4. Item, it is assented, that if any of the officers aforesaid, or controllers, or chief clerk in the common bench, or in the king’s bench, by death or by other cause be ousted of his office, that our sovereign lord the king, by the accord of the great men, which shall be found most nighest in the country which he shall take towards him, and by the good counsel which he shall have about him, shall put another convenient in the said office; who shall be sworn after the form aforesaid. And that in every parliament, at the third day of the same parliament, the king shall take in his hands the offices of all the ministers aforesaid, and so shall they abide four or five days: except the offices of justices of the one place or the other, justices assigned, barons of the exchequer; so always that they and all other ministers be put to answer to every complaint; and if default be found in any of the said ministers, by complaint or other manner, and of that he be attainted in parliament, he shall be punished by judgment of the peers, and put out of his office, and another convenient put in his place. And upon the same our sovereign lord the king shall do to be pronounced and made execution without delay according to the judgment of the said peers in the parliament.
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(October, 1341. Latin text and translation, 1 S. R. 297. 2 Stubbs, 410.)
THE king to the sheriff of Lincoln, Greeting. Whereas at our parliament summoned at Westminster in the quinzime of Easter last past, certain articles expressly contrary to the laws and customs of our realm of England, and to our prerogatives and rights royal were pretended to be granted by us by the manner of a statute; we, considering how that by the bond of our oath we be tied to the observance and defence of such laws, customs, rights, and prerogatives, and providently willing to revoke and call again such things to a due state, which be so improvidently done, upon conference and treatise thereupon had with the earls, barons, and other wise men of our said realm, and because we never consented to the making of the said pretended statute, but as then it behoved us, we dissimulated in the premises, protests being before made for the revoking of the said statute, if indeed it should proceed, to eschew the dangers which by the denying of the same we feared to come, forasmuch as the said parliament otherwise had been, without dispatching anything, in discord dissolved, and so our earnest business had likely been ruinated, which God prohibit, and the said pretended statute we permitted then to be sealed: it seemed to the said earls, barons, and other wise men, that since the said statute did not of our free will proceed, the same should be void, and ought not to have the name nor strength of a statute; and therefore by their counsel and assent we have decreed the said statute to be void, and the same, in so far as it proceeded of deed, we have agreed to be annulled; willing nevertheless, that the articles contained in the said pretended statute which by other of our statutes, or of our progenitors kings of England, have been approved, shall, according to the form of the said statutes in every point, as convenient is, be observed; and the same we do, only to the conservation and reintegration of the rights of our crown, as we be bound, and not that we should in any wise grieve or oppress our subjects, whom we desire to rule by lenity and gentleness. And therefore we do command thee, that all these things thou cause to be openly proclaimed in such places within thy bailiwick where thou shalt see expedient. Witness myself at Westminster the first day of October, the fifteenth year of our reign.
By the king himself and his council.
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(May, 1343. French text and translation, 1 S. R. 299. 2 Stubbs, 413.)
ITEM, it is accorded to make money of good sterling in England of the weight and alloy of the ancient sterling, which shall be current in England between the great men and commons of the land, and the which shall not be carried out of the realm of England in any manner, nor for any cause whatsoever; and in case that the Flemings will make good money of silver groats or other, according in alloy with good sterling, that such money shall be current in England between merchant and merchant, and others who of their own accord will receive the same; so that no silver be carried out of the realm.
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(May, 1343. French text, 2 R. P 140. Translation by Editors. 2 Stubbs, 412.)
28. ITEM, that the maletote of wool remain at half a mark as was used in the time of the king’s progenitors and as it was granted by statute during the king’s own reign. And seeing that the merchants of themselves have granted, without the assent of the commons, a subsidy of forty shillings on each sack of wool besides the lawful maletote of ha1f a mark, you will, if it is your pleasure, have regard that it is all to the charge and to the mischief of your commons. Wherefore, if it is your pleasure, you will not suffer this mischief, but you will rather amend it at this parliament, for it is against reason, that the commons should be charged of their goods by the merchants.
The intent of our lord the king is not to charge the commons with the subsidy which the merchants have granted him, nor may it be regarded as a charge on the commons. Particularly inasmuch as the commons have put a certain price upon the wool throughout the counties; which price the king wills to continue, and that within this price no wool shall be bought upon forfeiture of the same wool in the hands of the merchants who purchased the same.
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(June, 1344. French text and translation, 1 S. R. 300. 2 Stubbs, 414.)
IT is to be remembered, that at the parliament holden at Westminster, the Monday next after the utas of the Holy Trinity, the year of reign of our sovereign lord the king that now is of England the eighteenth and of France the fifth, among other things many things were showed in full parliament, which were attempted by the party adversary to our sovereign lord the king, of France, against the truce lately taken in Britain, betwixt our said sovereign lord the king and his said adversary; and how that his said adversary enforceth himself as much as he may to destroy our said sovereign lord the king, and his allies, subjects, lands, and places, and the tongue of England; and that was prayed by our said sovereign lord the king of the prelates, great men and commons, that they would give him such counsel and aid, as should be expedient in so great necessity: And the said prelates, great men and commons, taking good deliberation and advice, and openly seeing the subversion of the land of England, and the king’s great business, which God defend, if hasty remedy be not provided, have counselled jointly and severally, and prayed with great instance our sovereign lord the king, that he would make him as strong as he might to pass the sea, in assurance of the aid of God and of his good quarrel, effectually this time to make an end of his wars, or by way of peace or else by force; and that nor for letters, words, nor fair promises, he shall let his passage, till he see the effect of his business; and for this cause the said great men do grant, to pass and to adventure them with him. And the said commons do grant to him, for the same cause upon a certain form two fifteenths of the commonalty, and two tenths of the cities and boroughs, to be levied in manner as the last fifteenth granted to him was levied, and not in other manner: and to be paid by two years, at the feasts of All Saints, and of Easter next following, for the first year; and in case that our sovereign lord the king doth pass the sea, to pay at the same terms a fifteenth and a tenth of the second year, and not in other manner; so that the money levied of the same, be dispended in the business showed to them in this parliament, by the advice of the great men thereto assigned, and that the aids beyond Trent, be put in defence of the North. And our said sovereign lord the king, for this cause, and in the ease of the said commons, and of all his faithful subjects of England, by the assent of the prelates, great men, and commons, hath granted of his good grace these things underwritten:
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(July 1344. Latin text and translation, 1 S. R. 302. 2 Stubbs, 414.)
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FIRST, whereas many things have been attempted, by the party our adversary of France, against the truce late taken in Britain, betwixt us and him, and how that he enforceth himself, as much as he may, to destroy us, and our allies, subjects, lands, and places, and the tongue of England: And thereupon we prayed the prelates, great men, and commons, that they should give us such counsel and aid as there should be need of in so great extremity and the said prelates, great men and commons, having thereof good deliberation and advice, and seeing openly the subversion of the land of England, and of our great business, which God defend, if speedy remedy be not provided; have counselled jointly and severally, and with great instance prayed us, that in assurance of the aid of God, and our good quarrel we should make us as strong by all the good means that we might, at this time to finish our wars; and that for letters, words, nor fair promises, we should not let our passage, till we did see the effect of our business: and for this cause, the great men aforesaid granted to pass, and to adventure themselves with us; and the said prelates and procurators of the clergy, have granted to us for the same cause, a triennial tenth, to be paid at certain days, that is to say, of the province of Canterbury at the feasts of the Purification of our Lady, and of Saint Barnabas the apostle: and of the province of York, at the feasts of Saint Luke, and the Nativity of Saint John Baptist. And we for this cause, in maintenance of the estate of holy Church, and in ease of the said prelates, and all the clergy of England, by assent of the great men, and of the commons, do grant of our good grace the things underwritten; that is to say, that no archbishop nor bishop shall be impeached before our justices because of crime, unless we especially do command them, till another remedy be thereof ordained.
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(April, 1348. French text, 2 R. P 200. Translation by Editors. 2 Stubbs, 417, 606.)
4. * * * NEVERTHELESS, provided that the aid now granted by the said commons be in no manner turned into wool neither by loan, nor by valuation, nor in other manner be levied nor more hastily, than in the form in which it be granted, and that in the meantime the circuits of the justices, as well of the forest as of common pleas and general inquisitions, cease throughout the land; that the aid be levied, and that the subsidy granted of forty shillings on each sack of wool cease at the end of three years, which will be now at Michaelmas next coming, and that henceforth no such grant be made by the merchants, inasmuch as it is only to the grievance and charge of the commons, and not of the merchants who buy the wool at so much the less. And also, that henceforth no imposition, tallage, nor charge by loan, nor of any other sort whatsoever, be put by the privy council of our lord the king without their grant and assent in parliament: and also, that two prelates, two lords, and two justices in this present parliament be assigned to hear and examine all the petitions previously put forward in the last parliament by the commons which have not yet been answered; and with them the petitions now set forth, in the presence of four or six of the commons chosen by them for this special purpose, so that the said petitions be answered reasonably in the present parliament, and of those which have been previously answered in full, that the answers be in force without change. And also that the merchants who have evilly deceived our lord the king, and have been extortionate toward his people in the matter of the twenty thousand sacks of wool of loan granted by the commons to our said lord, be put to answer before the justices having power to hear and determine throughout the counties of England, and that no release nor charter of pardon be allowed them. And that the said justices make inquisition of the false money which ruins the people. And that David Bruce, William Douglas and the other chieftains of Scotland be in no manner released neither for ransom nor on parole. And also that our lord the king restore to the commons the twenty thousand sacks of wool in time past taken from the commons by loan and that the aid for the marrying of the daughter of our lord the king cease in the meantime. And that there be no Marshalsea in England, save the Marshalsea of our lord the king, or of the guardian of England when our lord the king shall be out of England, upon these conditions above named and not otherwise. And also, provided that the said conditions be entered on the roll of parliament as a matter of record, so that there can be remedy if anything to the contrary is attempted in time to come. Thus, the said poor commons, to their very great mischief, grant to our lord the king three fifteenths to be levied for three years commencing at Michaelmas next coming; so that each of the three years one fifteenth and no more be levied, at two terms of the year, at Michaelmas and at Easter, in equal portions. And that the said aid be assigned and kept solely for the war of our lord the king and in no manner for the payment of former debts. And also, if, by the grace of God, peace or long truce be made in the meantime, that the fifteenth for the last of the three years be not levied; but of that fifteenth the grant shall lose its force completely. And that letters patent of these conditions, and of the manner of this grant be made udder the great seal to all the counties of England, without paying anything therefor. And that the said patents make mention of the great necessity of our lord the king, which has arisen since the last parliament. And also in case of war with Scotland that the aid granted north of the Trent be turned to the conduct of that war and in defense of that part of the country, as before this time has been done.
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(June, 1349. Latin text and translation, 1 S. R, 307. 2 Stubbs, 420, 428, 476.)
THE king to the sheriff of Kent, Greeting. Because a great part of the people, and especially of workmen and servants, late died of the pestilence, many seeing the necessity of masters, and great scarcity of servants, will not serve unless they may receive excessive wages, and some rather willing to beg in idleness, than by labor to get their living; we, considering the grievous incommodities, which of the lack especially of ploughmen and such laborers may hereafter come, have upon deliberation and treaty with the prelates and the nobles, and learned men assisting us, of their mutual counsel ordained:
1. That every man and woman of our realm of England, of what condition he be, free or bond, able in body, and within the age of three score years, not living in merchandise, nor exercising any craft, nor having of his own whereof he may live, nor proper land, about whose tillage he may himself occupy, and not serving any other, if he be required to serve in convenient service, his estate considered, he shall be bounden to serve him which shall so him require; and take only the wages, livery, meed, or salary, which were accustomed to be given in the places where he oweth to serve, the twentieth year of our reign of England, or five or six other common years next before. Provided always, that the lords be preferred before others in their bondmen or their land tenants, so in their service to be retained: so that nevertheless the said lords shall retain no more than be necessary for them; and if any such man or woman, being so required to serve, will not do the same, that proved by two true men before the sheriff, bailiff, lord, or constable of the town where the same shall happen to be done, he shall anon be taken by them, or any of them, and committed to the next jail, there to remain under strait keeping, till he find surety to serve in the form aforesaid.
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5. Item, that sadlers, skinners, whitetawers, cordwainers, tailors, smiths, carpenters, masons, tilers, boatmen, carters, and all other artificers and workmen, shall not take for their labor and workmanship above the same that was wont to be paid to such persons the said twentieth year, and other common years next before, as afore is said, in the place where they shall happen to work; and if any man take more, he shall be committed to the next jail, in manner as afore is said.
6. Item, that butchers, fishmongers, hostelers, brewers, bakers, pulters, and all other sellers of all manner of victual, shall be bound to sell the same victual for a reasonable price, having respect to the price that such victual be sold at in the places adjoining, so that the same sellers have moderate gains, and not excessive, reasonably to be required according to the distance of the place from whence the said victuals be carried; * * *
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