(October, 1399. French text and translation, 2 S. R. III. 3 Stubbs, 19.)
HENRY by the grace of God, king of England, and of France, and lord of Ireland, to the laud and honor of God, and reverence of Holy Church, for to nourish unity, peace, and concord in all parts within the realm of England, and for the redress and recovery of the same realm, which now of late hath been dangerously put to great ruin, mischief, and desolation; of the assent of the prelates. dukes, earls, and barons, and at the instance and special request of the commons of the same realm, assembled at his parliament holden at Westminster in the feast of St. Faith the Virgin, the first year of his reign, hath caused to be ordained, and established certain ordinances and statutes in form as hereafter followeth.
1. First, that Holy Church have and enjoy all her rights, liberties, and franchises, entirely and without inblemishing: and that the great charter, and the charter of the forest, and other good ordinances and statutes made in the time of his noble progenitors, and not repealed, be firmly holden and kept in all points: and that the peace within this realm be holden and kept, so that all his lawful liege people and subjects may from henceforth safely and peaceably go, come, and dwell, according to the laws and usages of the same realm; and that good justice and even right be done to every person.
2. Item, that no lord spiritual nor temporal nor other person, of what estate or condition that he be, which came with our sovereign lord the king that now is into the realm of England, nor none other persons, whatsoever they be, then dwelling within the same realm, and which came to the king in aid of him to pursue them that were against the good intent of our sovereign lord the king and the common profit of the realm, in which pursuit Richard late king of England the second after the conquest was pursued, taken, and put in ward, and yet remaineth in ward, be impeached, grieved nor vexed, in person nor in goods, in the king’s court nor in the court of none other for the pursuit of the said king, taking and withholding of his body, nor for the pursuit of any other, taking of persons and chattels or of the death of a man, or any other thing done in the said pursuit, from the day that the said king that now is arrived, till the day of the coronation of our said sovereign lord king Henry. And the intent of the king is not that offenders, which committed trespasses or other offences out of the said pursuit without special warrant shall be aided or have any advantage of this statute; but that they be thereof answerable at the common law.
3. Item, whereas the Monday next after the feast of the Exaltation of the Holy Cross, the xxi year of the reign of the said late King Richard, a parliament was summoned and holden at Westminster, and from thence adjourned to Shrewsbury, at which town a certain power was committed by authority of the parliament, to certain persons to proceed upon certain articles and matters comprised in the roll of the parliament thereof made, as by the same roll may appear, in which parliament, and also by authority foresaid, divers statutes, judgments, ordinances, and stablishments were made, ordained, and given erroneously and right sorrowfully; in great disherison and final destruction and undoing of many honorable lords and other liege people of the realm and of their heirs forever: our sovereign lord the king, considering the great mischiefs aforesaid, by the advice and assent of all the lords spiritual and temporal, and of all the commonalty, hath judged the said parliament, holden the said xxi year, and the authority thereof given, as afore is said, with all the circumstances and dependents thereupon to be of no force nor value: and that the same parliament, with the authority aforesaid, and all the circumstances and dependents thereupon, be wholly reversed, revoked, voided, undone, repealed, and annulled
forever.
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(1399. French original, 3 R. P. 434, No. 104. Translation by Editors. 2 Stubbs, 516, 624.)
ITEM, as at the parliament held at Westminster on the day of St. Vincent, in the twentieth year of King Richard, for the honor and profit of the said king and all the realm. Thomas Haxey, clerk, presented a bill to the commons of the said parliament; for which bill, by the wish of the said king, the said Thomas was adjudged a traitor, and forfeited all that he had, contrary to the right and the custom which had been used before in parliament, in destruction of the customs of the commons. May it please our very gracious lord the king in this present parliament to amend that judgment and make it void as erroneous; and to reinstate the said Thomas fully in his rank, estate, goods and chattels, ferms, annuities, pensions, tenements, rents, office, advowsons, and possessions whatsoever with their appurtenances and that he be able to enter upon the aforesaid ferms, annuities, lands, tenements, rents, office, advowsons, and possessions and to hold them as he held them the day of the drawing up of the said bill: even the judgment or any declaration by this cause, gift or grant of these goods, chattels, ferms, annuities, pensions, lands, tenements, rents, offices, advowsons, and possessions, or of any of them, to any other person made in any way since the said judgment notwithstanding. As well in fulfillment of the right as for the saving of the liberties of the said commons.
The king wills, by the advice and assent of all the lords spiritual and temporal, that the judgment rendered against Thomas Haxey, clerk, in the parliament held at Westminster in the twentieth year of the late king Richard, be wholly annulled, reversed, repealed and made void and held of no force or effect: and that the said Thomas be reinstated in his name and reputation, and made and held an able person such as he was before the said judgment was rendered as in the record made thereof and enrolled before in this roll of parliament as appears more at length.
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(1401. Latin text and translation, 2 S R. 125. 3 Stubbs, 33, 369.)
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15. ITEM, whereas it is showed to our sovereign lord the king on the behalf of the prelates and clergy of his realm of England in this present parliament, that although the catholic faith builded upon Christ, and by his apostles and the holy church sufficiently determined, declared, and approved, hath been hitherto by good and holy and most noble progenitors and predecessors of our sovereign lord the king in the said realm amongst all the realms of the world, most devoutly observed, and the church of England by his said most noble progenitors and ancestors, to the honor of God and of the whole realm aforesaid, laudably endowed, and in her rights and liberties sustained, without that that the same faith or the said church was hurt or grievously oppressed, or else perturbed by any perverse doctrine or wicked heretical or erroneous opinions; yet nevertheless divers false and perverse people of a certain new sect, of the said faith, of the sacraments of the church, and the authority of the same damnably thinking, and against the law of God and of the church usurping the office of preaching, do perversely and maliciously in divers places within the said realm under the color of dissembled holiness, preach and teach these days openly and privily divers new doctrines, and wicked heretical and erroneous opinions, contrary to the same faith and blessed determinations of the holy church; and of such sect and wicked doctrine and opinions, they make unlawful conventicles and confederacies, they hold and exercise schools, they make and write books, they do wickedly instruct and inform people, and as much as they may excite and stir them to sedition and insurrection, and maketh great strife and division among the people, and other enormities horrible to be heard daily do perpetrate and commit, in subversion of the said catholic faith and doctrine of the holy church, in diminution of divine worship, and also in destruction of the estates, rights and liberties of the said church of England; by which sect and wicked and false preachings, doctrines, and opinions of the said false and perverse people, not only most greatest peril of the souls, but also many more other hurts, slanders, and perils, which God prohibit, might come to this realm, unless it be the more plentifully and speedily holpen by the king’s majesty in this behalf; especially since the diocesans of the said realm cannot by their jurisdiction spiritual, without aid of the said royal majesty, sufficiently correct the said false and perverse people, nor refrain their malice, because the said false and perverse people do go from diocese to diocese, and will not appear before the said diocesans, but the same diocesans and their jurisdiction spiritual, and the keys of the church with the censures of the same, do utterly contemn and despise; and so their wicked preachings and doctrines doth from day to day continue and exercise, to the utter destruction of all order and rule of right and reason. Upon which novelties and excesses above rehearsed, the prelates and clergy aforesaid, and also the commons of the said realm being in the same parliament, have prayed our sovereign lord the king, that his royal highness would vouchsafe in the said parliament to provide a convenient remedy; the same our sovereign lord the king graciously considering the premises, and also the laudable steps of his said most noble progenitors and ancestors, for the conservation of the said catholic faith, and sustentation of the said divine worship, and also the safeguard of the estate, rights, and liberties of the said church of England, to the laud of God, and merit of our said sovereign lord the king, and prosperity and honor of all his said realm, for the eschewing of such dissensions, divisions, hurts, slanders, and perils, in time to come, and that this wicked sect, preachings, doctrines and opinions should from henceforth cease and be utterly destroyed, by the assent of the great lords and noble persons of the same realm, being in the said parliament, hath granted, stablished, and ordained, from henceforth firmly to be observed, that none within the said realm, or any other dominions, subject to his royal majesty presume to preach openly or privily, without the license of the diocesan of the same place first required and obtained, curates in their own churches, and persons hitherto privileged, and other of the canon law granted, only except; nor that none from henceforth anything preach, hold, teach, or instruct openly or privily, or make or write any book contrary to the catholic faith or determination of the holy church, nor of such sect and wicked doctrines and opinions shall make any conventicles, or in any wise hold or exercise schools and also that none from henceforth in any wise favor such preacher, or maker of any such and like conventicles, or person holding or exercising schools, or making or writing such books, or so teaching, informing, or exciting the people, nor any of them maintain or any wise sustain; and that all and singular having such books or any writings of such wicked doctrine and opinions, shall really with effect deliver or cause to be delivered all such books and writings to the diocesan of the same place within forty days from the time of the proclamation of this ordinance and statute. And if any person or persons, of whatsoever sex, estate, or condition that he or they be, from henceforth do or attempt against the said royal ordinance and statute aforesaid in the premises or in any of them, or such books in the form aforesaid do not deliver, then the diocesan of the same place in his diocese, such person or persons in this behalf defamed or evidently suspected, and every of them, may by the authority of the said ordinance and statute cause to be arrested, and under safe custody in his prisons to be detained, till he or they of the articles laid to him or them in this behalf, do canonically purge him or themselves, or else such wicked sect, preachings, doctrines, and heretical and erroneous opinions do adjure, according as the laws of the church do demand and require: so that the said diocesan by himself or his commissaries do openly and judicially proceed against such persons so arrested, and remaining under his safe custody to all effect of the law, and determine that same business according to the canonical decrees within three months after the said arrest, any lawful impediment ceasing. And if any person in any case above expressed, be before the diocesan of the place or his commissaries canonically convict, then the same diocesan may cause to be kept in his prison the said persons so convict for the manner of his default, and after the quality of the offense according and as long as to his discretion shall seem expedient; and moreover to put the same person to pay to our sovereign lord the king a pecuniary fine; except in cases where he, according to the canonical decrees, ought to be left to the secular court, according as the same fine shall seem competent to the diocesan, for the manner and quality of the offense; in which case the same diocesan shall be bound to certify the king of the same fine in his exchequer by his letters patents sealed with his seal, to the effect that such fine by the king’s authority may be required and levied to his use of the goods of the same person so convict. And if any person within the said realm and dominions, upon the said wicked preachings, doctrines, opinions, schools, and heretical and erroneous informations, or any of them, be before the diocesan of the same place or his commissaries convict by sentence, and the same wicked sect, preachings, doctrines, and opinions, schools and informations, do refuse duly to adjure, or by the diocesan of the same place or his commissaries, after the abjuration made by the same person be pronounced relapsed, so that according to the holy canons he ought to be left to the secular court, whereupon credence shall be given to the diocesan of the same place, or to his commissaries in this behalf, then the sheriff of the county of the same place, and mayor and sheriffs or sheriff, or mayor and bailiffs of the city, town and borough of the same county next to the same diocesan or the said commissaries, shall be personally present in preferring of such sentences, by the same diocesan or his commissaries against such persons, and every of them, when they by the same diocesan or his commissaries shall he required; and they the same persons and every of the1m, after such sentence promulgate, shall receive, and them before the people in an high place cause to be burnt; that such punishment may strike in fear to the minds of other, whereby no such wicked doctrine and heretical and erroneous opinions, nor their authors and fautors in the said realm and dominions against the catholic faith, Christian law, and determination of the holy church, which God prohibit, be sustained or in any wise suffer: in which all and singular the premises concerning the said ordinance and statute, the sheriffs, mayors and bailiffs of the said counties, cities, boroughs, and towns, shall be attending, aiding and supporting to the said diocesans and their commissaries.
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(1401. French original, 3 R. P. 455, No. 8. Translation by Editors. 3 Stubbs, 29.)
SATURDAY the twenty-second of January, the commons of the realm presented to the king Sir Arnold Savage as their speaker and procurator in parliament whom the king kindly accepted. And then the said Sir Arnold humbly requested the king, that he might make protestation, that, if he should say anything through ignorance, negligence or in any other way which was not agreed to by his companions or which should be displeasing to the king, or too little through lack of wisdom, or too much through folly or ignorance that the king would excuse him therefor, and that it might be corrected and amended by his said companions: and that the said commons should have their liberty in parliament as they had had before this time; and that this protestation should be recorded in the roll of parliament; which protestation seemed honest and reasonable to the king and he agreed to it. And after that, the said Sir Arnold, in order to have in memory the pronouncement of parliament which was pronounced by the said Sir Wm. Thirning on his own authority, declared in substance before the king and his lords in parliament the reasons for the summons of the said parliament, to his knowledge clearly and briefly. And besides, he prayed our said lord the king on the part of the said commons that on the matters brought before the said commons in this present parliament they should have good advice and deliberation without being suddenly called upon to reply to the most important matters at the end of parliament, as had been done before this time. To which reply was made by the king through the earl of Worcester that it was not the intention of the king to follow this order of action and that he did not imagine any such subtlety, also that they should have good advice and deliberation from time to time as the need demanded.
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(1401. French original, 3 R. P. 456, No. 11. Translation by Editors. 3 Stubbs, 30.)
ITEM, on the same day the said commons showed to our lord the king how on certain matters moved among them, it might happen in the future that certain of their companions, out of complaisance to the king, and for their own advancement, should recount to our said lord the king such matters before they had been determined and discussed or agreed upon among the commons, by reason of which the said lord our king might be grievously moved against the said commons or some of them; wherefore they most humbly pray our lord the king , not to receive any such person to recount such matters nor to give him hearing nor any faith nor credence to such a person. To which answer was made by the king that it was his will that the said commons should have deliberation and advice, to discuss and treat of all matters among themselves, in order to bring them to a better end and conclusion, in so far as they know how, for the welfare and honor of himself and of all his realm. And that he would not hear any such person or give him credence, before such matters had been shown to the king, by the advice and with the assent of all the commons, according to the purport of their said prayer.
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(1401. French 0riginal, 3 R. P. 458, No. 23. Translati0n by Editors. 3 Stubbs, 30.)
ITEM, the same Saturday, the said commons pointed out to our said lord the king, that, as in divers parliaments before this time, their common petitions had not been answered before they had made their grant of some aid or subsidy to our lord the king; therefore they prayed our said lord the king that for the great convenience and comfort of the said commons it should please our lord the king to grant to the said commons that they should be able to learn the responses to their said petitions before any such grant was made. To which response was made that on this matter the king wished to confer with the lords of parliament and to do in regard to it what it should seem best to do with the advice of the said lords. And then afterwards, that is to say on the last day of the parliament, response was made that this manner of deed had not been seen nor used in the time of any of his ancestors or predecessors, that they should have any response to their petitions or knowledge of the same before they had taken up and completed all the other business of parliament, be it to make any grant or otherwise. And therefore the king did not wish in any way to change the good customs and usages made and used in former times.
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(1406. French text and translation, 2 S. R. 151. 3 Stubbs, 58.)
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3. ITEM, at the request and of the assent of the said lords and commons, in the said parliament, it is ordained and established, that the inheritance of the crown, and of the realms of England and France, and of all the other dominions of our said lord the king beyond the sea, with all the appurtenances, shall be settled and remain in the person of the same our lord the king, and in the heirs of his body begotten; and especially at the request and of the assent aforesaid, it is ordained and established, pronounced, decreed, and declared, that the lord the prince Henry eldest son to our said lord the king, be heir apparent to the same our lord the king, to succeed him in the said crown, realms and dominions, to have them with all the appurtenances after the decease of the same our lord the king, to him and his heirs of his body begotten; and if he die without heir of his body begotten, then all the said crown, realms and dominions, with all the appurtenances, shall remain to the Lord Thomas, second son of our said lord the king, and to the heirs of his body begotten; and if he die without issue of his body, that then all the said crown, realms and dominions, with all the appurtenances, shall remain to the Lord John, the third son of our said lord the king, and to the heirs of his body begotten; and if he die without heir of his body begotten, that then all the foresaid crown, realms and dominions, with all the appurtenances, shall remain to the Lord Humphrey, the fourth son of our said lord the king, and the heirs of his body begotten.
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(1406. French and Latin text and translation, 2 S R. 156. 3 Stubbs, 58, 264, 417.)
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15. ITEM, our lord the king, at the grievous complaint of his commons of the undue election of the knights of counties for the parliament, which be sometime made of affection of sheriffs, and otherwise against the form of the writs directed to the sheriff, to the great slander of the counties, and hindrance of the business of the commonalty of the said county; our sovereign lord the king, willing therein to provide remedy, by the assent of the lords spiritual and temporal, and of all the commonalty of the realm in this present parliament, hath ordained and established, that from henceforth the elections of such knights shall be made in the form as followeth. that is to say, that at the next county [court], to be holden after the delivery of the writ of the parliament, proclamation shall be made in the full county of the day and place of the parliament, and that all they that be there present, as well suitors duly summoned for the same cause, as other, shall attend to the election of their knights for the parliament; and then in the full county they shall proceed to the election freely and indifferently, notwithstanding any request or commandment to the contrary. and after that they be chosen, the names of the persons so chosen, be they present or absent, shall be written in an indenture under the seals of all them that did choose them, and tacked to the same writ of the parliament; which indenture, so sealed and tacked, shall be holden for the sheriff’s return of the said writ, touching the knights of the shires. And that in the writs of the parliament to be made hereafter, this clause shall be put: and thy election in thy full county made, distinctly and openly, under thy seal and the seals of those who were present at that election, to us in our chancery, at the day and place in the writ contained, certify without delay.
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(1407. French original, 3 R. P. 611. Translation by Editors. 3 Stubbs, 62.)
21. ITEM, on Friday, the second day of December, which was the last day of parliament, the commons came before the king and the lords in parliament and there by command of the king a schedule of indemnity for a certain dispute between the lords and commons was read; and thereupon it was commanded by our said lord the king, that the said schedule be recorded in the roll of parliament; of which schedule the tenor was as follows. Be it remembered that on Monday the twenty-first day of November, the king our sovereign lord being in the council room within the abbey of Gloucester, there being in his presence the lords spiritual and temporal assembled at this present parliament, there was a discussion among them on the state of the realm and the defence of the same in order to resist the malice of the enemies who on every coast seemed to be harassing the said realm and the faithful subjects of the same, and no man would be able to resist that malice, if for the safe-guard and defence of the said realm, our sovereign lord the king aforesaid had not some notable aid and subsidy granted to him in this present parliament. And thereupon it was demanded of the aforesaid lords by way of question, what aid would be sufficient and needful in this case? To which demand and question the said lords made response severally that considering the necessity of the king on one side and the poverty of his people on the other, a less aid would not suffice than one tenth and a half from the cities and boroughs, and one fifteenth and a half from other laymen. And besides, to grant a prolongation of the subsidy on wools, leather, and woolfells, and three shillings on the ton, and twelve pence in the pound, from the feast of St. Michael next coming till the feast of St. Michael in two years then next ensuing. Whereupon, by command of the king our said lord, word was sent to the commons of this present parliament to send before our said lord the king and the said lords a certain number of the members of their company to hear and to report to their companions that which they should have in command of our lord the king aforesaid. And thereupon the said commons sent to the presence of the king our said lord and the said lords twelve of their companions; to whom, by command of our said lord the king the question aforesaid was declared and the response of the aforesaid lords severally given to it. Which response, it was the will of our said lord the king, they should report to the rest of their companions; also that they should see to it that they conformed most nearly to the purpose of the lords abovesaid. Which report having been made to the said commons, they were greatly disturbed, saying and affirming that this was in great prejudice and derogation of their liberties; and when our said lord the king heard of this, not wishing that anything should be done at present or in time to come, which could in any way turn against the liberty of the estate, for which they were come to parliament, nor against the liberty of the lords aforesaid, willed and granted and declared, with the adv-ice and assent of the said lords, in the following manner. That is to say, that it is lawful for the lords to discuss among themselves assembled in this present parliament, and in every other in time to come, in the absence of the king, concerning the estate of the realm and the remedy needful to it. And that in like manner it is lawful for the commons, on their part, to discuss together concerning the state and remedy aforesaid. Provided always, that the lords on their part and the commons on theirs, make no report to our said lord the king of any grant granted by the commons, and agreed to by the lords, nor of the negotiations of the said grant, before the said lords and commons shall be of one assent and of one accord in the matter, and then in the manner and form customary, that is to say by the mouth of the speaker of the said commons for the time being, to the end that the said lords and commons should have the agreement of our said lord the king. Besides this our said lord the king wills with the assent of the lords aforesaid that the negotiations had as aforesaid in this present parliament neither be treated as an example in time to come, nor be turned to the prejudice or derogation of the liberty of the estate, for which the said commons were now come together, neither in this present parliament nor in any other in time to come. But wills that the said and all other estates be as free as they had been before.
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(1410. French text and translation, 2 S. R. 162. 3 Stubbs, 67, 420.)
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1. FIRST, whereas in the parliament holden at Westminster, the seventh year of the reign of our said lord the king, there was ordained and established, by a statute for the preservation of the liberties and franchises of the election of the knights of the shire used through the realm, a certain form and manner of the election of such knights, as in the said statute more fully is contained; and forasmuch as in the same statute no penalty was ordained or limited in special upon the sheriffs of the counties, if they make any returns to the contrary of the same statute; it is ordained and stablished, that the justices assigned to take assizes, shall have power to inquire in their sessions of assizes of such returns made; and if it be found by inquest, and due examination before the same justices, that any such sheriff hath made, or hereafter make, any return contrary to the tenor of the said statute, that then the same sheriff shall incur the penalty of one hundred pounds to be paid to our said lord the king; and moreover, that the knights of the counties so unduly returned, shall lose their wages of the parliament, of old time accustomed.
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(1413. French original, 4 R. P. 6. Translation by Editors. 3 Stubbs, 79.)
17. To the honor of God and for the great love and affection which your poor commons of your realm of England have for you, our very excellent lord, the king, for the good of the kingdom and good governance in time to come, your aforementioned poor commons with the assent of the lords spiritual and temporal, the ninth day of June, the first year of your reign, in your parliament held at Westminster, grant to you, our sovereign lord, for the defence of your realm of England, the subsidy of wools, leather and woolfells, to be levied from the coming feast of St. Michael in the entire four years next ensuing, in the form which follows. That is to say from resident merchants, on each sack of wool 43s. 4d. and on each 240 woolfells 43s. 4d and on each last of leather 100s. going out of the realm. And from the alien merchants, on each sack of wool 50s. and on each 240 woolfells 50s. and on each last of leather 106s. 8d. passing out of the realm. And likewise your aforementioned poor commons with the consent aforementioned, for the safeguard of the sea grant to you our very excellent lord, 3s. on each tun of wine coming into the said realm, and passing out from it, except the tuns of wine taken at the price for your use. And also the aforementioned commons with the consent aforementioned grant to you for the said safeguard of the sea, 12d. in the pound of every kind of merchandise coming into the said realm and passing out of it, except wools, hides and woolfells. And except every kind of grain, flour and dried fish and cattle coming into the said realm. And except ale which is carried out of the realm to supply your city of Calais by people of the cities of Baldesey, Falkenham, and Alderton on the Gosford and others as they are charged since the conquest of the said city of Calais. To take and receive the same 3s. on each tun of wine and 12d. in the pound, from the feast of St. Michael next to come to the feast of St. Michael the entire year ensuing. Upon the condition that the merchants resident and alien coming into the realm of England with their merchandise be well and honestly treated and demeaned with their merchandise on paying the said subsidy of 12d. in the pound of their merchandise according to the value that the merchandise costs abroad, and that they be believed on their oath or by their letters. And if the said merchants be found false, that they pay the double subsidy on that which has not paid customs duty, without other forfeiture or new payments, as they were treated and demeaned in the time of your father, whom God assoil, and of your noble progenitors kings of England, without oppression or extortion done to the merchants aforementioned. And that the citizens and burgesses shall be treated in pursuing and making their fines to have their liberties and franchises, as they were treated in the time of your father, whom God assoil, and of your noble progenitors kings of England. And besides this your said commons having regard to the East March and West March of Scotland, and the marches of Wales and the land of Ireland and the marches of Calais and the land of Guienne, and the safeguard of the sea, by the entire reliance which your said poor commons have in you, our very sovereign lord, and to the intent that, with the aid of God, by your gracious and good government in time to come the said commons have good hope of being discharged of all such subsidies and tunnage and poundage, and taxes and tallages in time to come, with the consent aforementioned, for the defence of the realm and safeguard of the sea grant to you our very gracious lord an entire fifteenth and an entire tenth to be levied from laymen in the accustomed manner. That is to say, a half at the feast of St. Martin in the winter next coming, and the other half at the feast of Easter next ensuing. Upon the condition that the sea be well and sufficiently guarded for the safety of the navy and the merchandise of the merchants of the realm of England. Protesting, that your said commons be not held nor bound to the wars of the said marches of Scotland, nor of the land of Ireland, nor of the marches of Wales, nor of the marches of Calais, nor the land of Guienne, nor for the safeguard of the sea by any grant in time to come.
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(1413. French text and translation, 2 S. R. 170. 3 Stubbs, 80, 438.)
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1. FIRST, that the statutes made, concerning the election of the knights of the shires to come to the parliament, be holden and kept in all points; adjoining to the same, that the knights of the shires which from henceforth shall be chosen in every shire, be not chosen unless they be resident within the shires where they shall be chosen, the day of the date of the writ of the summons of the parliament; and that the knights and esquires, and others which shall be choosers of those knights of the shires, be also resident within the same shires, in manner and form as is aforesaid. And moreover it is ordained and established, that the citizens and burgesses of the cities and boroughs be chosen men, citizens and burgesses resident, dwelling and free in the same cities and boroughs, and no other in any wise.
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(1414. French original, 4 R. P. 22, No. 21. Translation by Editors. 3 Stubbs, 84.)
ITEM, the commons pray that in case final peace be made between you our sovereign lord and your adversary of France in time to come, and thereupon all the possessions of the alien priories in England should be restored to the chief religious houses abroad to which all those possessions belong, damage and loss would fall upon your said realm and on your people of the same realm by the great ferms and revenues of money which from year to year forever after would be paid in from the possessions to the chief houses aforesaid to the great impoverishment of your same realm in that respect which God forbid: May it please your very noble and very gracious lordship to consider, that at the commencement of the said war between the said realms, your lieges, of all the possessions which they then had of gifts from your noble progenitors in the parts abroad within the jurisdiction of France by judgment rendered in that same realm were forever ousted and disherited. And therefore to graciously decree in this parliament with the assent of your lords both spiritual and temporal that all the possessions of the alien priories in England shall remain in your hands to you and to your heirs forever to the intent that divine services in the places aforementioned shall be more duly held by English people in time to come than they have been before this time in these places by French people. Except the possessions of the alien conventual priors and of the priors who are inducted and instituted. And except all the alien possessions given by the gracious lord the king your father whom God assoil to the master and college of Fotheringay and to his successors of the foundation of our said lord the king your father and of the foundation of Edward duke of York, any peace to be made notwithstanding, together with all kinds of franchises and liberties granted by our said lord the king your father to the said master and college and its successors and confirmed by you, * * * saving the services owing to the lords of English sees, if any there are, notwithstanding that the same grant made by our said lord the king your father to the said master and college and his successors should be extended only during the war between your very sovereign lord and your adversary of France, and saving also to each of your lieges as well spiritual as temporal the estate and possession which they have at present in any of such alien possessions, purchased or to purchase, in perpetuity or for life or for a term of years, from the chief religious houses abroad by the licence of our lord the king your very noble father, whom God assail, or of king Edward the Third your great grandfather, or of king Richard the Second since the Conquest, or by your gracious gift, grant, confirmation or licence had at present in such case. Paying and supporting all the charges, pensions, annuities and provisions granted to any of your lieges by you or by any of your noble progenitors to be taken from the possessions or alien priories aforementioned.
REPLY
The king wills it, and also that the said master and college of Fotheringay have an exemplification of the king under his great seal of the present petition for their greatest security in this respect and with the assent of the lords spiritual and temporal sitting in this present parliament.
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(1414. French and English original, 4 R. P. 22, No. 22. Translation by Editors. 3 Stubbs, 84, 269.)
ITEM, be it remembered, that the commons delivered to the king our very sovereign lord, in this present parliament a petition, of which the tenor follows word for word.
Our sovereign lord, your humble and true lieges that have come for the commons of your land, trusting in your great justice that as it hath been ever their liberty and freedom that there should no statute or law be made unless they gave thereto their assent, considering that the commons of your land, the which is and ever hath been, a member of your parliament, have been as well assenters as petitioners, that from this time forth, by complaint of the commons of any mischief, asking remedy by mouth of their speaker for the commons or else by written petition, that there never be any law made thereupon and engrossed as statute and law, neither by addition or by diminution, by no manner of term or terms, the which should change the sentence and the intent asked by the speaker by mouth, or the petitions aforesaid given in writing by the manner aforesaid, without the assent of the foresaid commons. Considering our sovereign lord that it is not in any wise the intent of your commons if it be so that they ask you by speaking or by writing, two things or three or as many as pleases them: but that ever it stand in the freedom of your Highness to grant which of those that please you and to refuse the rest.
REPLY
The king by his especial grace granteth that from henceforth nothing be enacted to the petitions of his commons that be contrary to their asking whereby they should be bound without their assent saving always to our liege lord his prerogative to grant and deny what him list of their petitions and askings aforesaid.
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(1415. French original, 4R. P 6,, No. 5. Translation by the Editors. 3 Stubbs, 88.)
THE commons of the realm assembled in this present parliament, considering that the king our sovereign lord, to the honor of God and to avoid the effusion of Christian blood, has made to his adversary of France divers requests to have his heritage returned to him, according to right and justice, and although there has been mulch negotiation as well on this side of the sea as on the other, at great cost to our sovereign lord the king; nevertheless, the king our said sovereign lord, has not obtained by means of these requests and negotiations his said heritage nor any notable parts of it. And therefore the king our said sovereign lord though with the revenue of his realm and of the grant of the subsidy, granted to him before, he did not have the means to pursue his claim by way of deed, nevertheless hoping in God that he should see himself sustained and supported in his just quarrel, our said lord the king of his good courage has lately undertaken a voyage abroad, pledging his jewels to obtain money and in his own person has gone and arrived before the town of Harfleur and there besieged it with such force that he has taken and obtained it and holds it at present and to guard the same city he has placed there certain lords and many others, men at arms and archers, to his great cost and expense, and having made such ordinance for the safe guard of the said town, our said lord the king of his excellent courage with few people, regard being had to the might of France, went from the town of Harfleur by land towards the marches of Calais, where on his road many dukes, counts and other lords with the might of the realm of France in very great numbers met and fought him until God by His grace gave the victory to the king our said lord, to the honor and exaltation of the crown, of its good fame, and to the special comfort of his loyal lieges and to the fear of all his enemies and probably to the perpetual profit of all his realm, to the honor and reverence of God, and for the great affection and entire love that the commons of the realm of England have for our said sovereign lord the king, with the assent of the lords spiritual and temporal assembled in the parliament held at Westminster the Monday next after the feast of All Saints the year of the reign of our said sovereign lord the king, third, grantto the same sovereign lord the king, the 12th day of November, in the same parliament for the defence of the realm, the subsidy on wool, leather and woolfells to be raised from the merchants denizens, for the subsidy of each sack of wool 43s. 4d, and of each 240 woolfells 43s. 4d., and on each last of leather 100s. and from the alien merchants, on each sack of wool 60s. and on each 240 woolfells, 60s. and on each last of leather 106s. 8d. to take and receive from the feast of St. Michael next to come for all the life of our said lord the king to be disposed and used according to his very gracious wish and discretion, for the defence aforesaid, provided always that no grant be made to any one by our said sovereign lord the king by his letters patent for life or for a term of years of the subsidy aforementioned nor part of it. And if any such grant be made it will be void and held for null and that this grant be not taken as an example by the kings of England in time to come.
[There follows a grant of tunnage and poundage in terms nearly identical with those of No. 114, but for the king’s life.]
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