(1377. French original, 3 R. P. 7. Translation by Editors. 2 Stubbs, 465, 597.)
27. ITEM, the lords and commons of the realm of England, perceiving clearly the great peril of the realm, that it is on the point of being lost, if God does not give a remedy for it most speedily, amid the great wars which are waged against it and quite openly on either side as well by land as by sea, of which there is more to be feared than ever before: And therefore in aid of the expenditures which must be made for the conduct of the war of the realm in resisting so many enemies and for the aid and rescue of the realm aforesaid, for the aid of our lord they now of their free will grant to the said king our lord, two fifteenths outside the cities and boroughs, and two tenths within the said cities and boroughs, to be levied on their goods; * * * And humbly praying their liege lord and the other lords of parliament, that as well of these moneys as of the money of the tenths now to be granted by the clergy of England and also of the moneys arising from the subsidies of wools, certain suitable persons shall be appointed by the king to he treasurers or guardians to such effect that these moneys shall be entirely applied to the expenses of the war and to nothing else in any way. And be it remembered that this request was granted them by the king, saving to the king entirely his old duty of half a mark from citizens and ten shillings from foreigners due on each sack of wool exported from the realm, etc. And thereupon our lord the king appointed William Walworth and John Philipot, merchants of London, to be guardians of the said sums for the use aforesaid, and to render faithful account of their receipts and expenditures in such manner as shall be ordained by our lord the king and his said great council in reasonable manner. And thereupon, by commandment of our said lord the king, the said William and John accepted their charge and they took oath and swore in the presence of the king himself in full parliament to do this faithfully.
Saving always to the king, that he should be repaid first for the sum expended by him and paid for this last expedition by sea, which amounts to more than fifteen thousand pounds sterling, for which the king is still debtor to his creditors.
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(1378. French original. 3 R. P. 35. Translation by Editors. 2 Stubbs, 467, 598.)
20. AND thereupon the commons, after considerable deliberation, make request once more to our lord the king that it may please him to communicate to his said commons how and in what manner were expended the said great sums thus given and granted for the said war; and that proper order should be made, that if it should so happen that any lord or any other person engaged for the last expedition or anywhere else had a smaller number of men to his credit than he had engaged to have with him and had received wages and money of the king, that surplus money over and above the wages of the men shown should be repaid to our said lord the king to be used for the war, in discharge, therefore of the commons aforesaid. And they also make request that it may please our lord the king to grant that the commons shall be informed of the names of those who are to be the great officers of the realm and of those who are to be councilors to our lord the kin g and governors of his person, inasmuch as he is thus of tender age, for the ensuing year, according to the manner at other times ordained in parliament.
21. To which answer was made by the said Monsieur Richard at the said commandment that it had never been known that, of a subsidy or other grant made to the king in parliament or out of parliament by the commons, an account had afterwards been rendered to the commons or to any one else except to the king and his officers; nevertheless that our said lord the king wills and commands, for the satisfaction of his commons, of his own motion, without doing it of right or by constraint of the said request now made to him, that the said William Walworth here present together with certain other persons of the council of our lord the king assigned thereto by the king, shall clearly set forth to you in writing the receipts and expenditures made therefor, on this agreement, that this shall not in future be considered a precedent or an inference that this should have been done otherwise than by the personal volition and command alone of our said lord the king as has been said. And as to the surplus of the wages received over and above the men shown, you shall know that this belongs to our said lord the king and his ministers of the exchequer and to no one else: and those of the exchequer should not pay any attention to such matters nor should they keep any record of these things, but that the greatest lord of England should do it.
And as to the said officers and councillors, our said lord the king by the advice of the lords has chosen the said officers, and his councillors shall be of such as shall please him, as soon as he shall be able to attend to it; of which names you shall be duly informed, if it please the king.
[Part omitted]
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(1379. French original, 3 R. P. 56. Translation by Editors. 2 Stubbs, 468, 698.)
7. AND that you [Parliament] may be fully informed of the real nature of the said necessary expenditures made and to be made, the treasurers for the said war shall be present and shall appear, at such an hour as pleases you, to show you clearly in writing their receipts and expenditures made since the last parliament, and the amounts due, with the other necessary expenditures above mentioned, to be made for the march of Calais, at Cherbourg, at Brest, in the marches of Scotland, in Ireland, and elsewhere. And our lord the king wills that, if anyone in the realm shall feel aggrieved at any thing done to him wrongly and contrary to the law, which cannot be remedied without parliament, he shall bring forward his petition in the matter in parliament, and for receiving, trying, and examining such bills, our said lord the king has made assignment of certain prelates, lords, justices, and clerks, in the form and manner which follows: and he wills and commands that full justice shall be done and ordained in this parliament to all men, as well to the least as to the greatest; and that this present parliament shall continue from day to day until the king our lord shall give you his leave and license to depart.
12. These are the names of the prelates and lords appointed to examine the estate of the king, at the request of the commons; that is to say the archbishop of Canterbury, the bishø1p of London, the bishop of Rochester, the Earl of March, the earl of Warwick, the earl of Stafford, the Lord Latimer, Guy de Brienne, or John Cobham, and Roger Beauchamp. First, to examine the revenues accruing from the subsidy of wools received since the last feast of St. Michael and which probably will be received before the coming feast of St. Michael. Item, to examine as well all the revenues of the realm received since the said time, also the revenues of the alien priors and the ancient maletote of wools, the vacancies of the bishoprics and abbeys, and all other profits whatsoever, and those which will probably be received and levied before the said feast of St. Michael, both by the hands of the treasurer of war as the collector and of the hanaper of the chancery and all other offices whatsoever of our lord the king. Item, to examine what manner of fees or wages were used to be taken by the grand and petty officers of the king in the time of King Edward, the grandfather of our lord who now is. Item, to examine what annuities granted by our lord the king, the said grandfather, and by the prince, whom God assoil, were paid. Item, to examine the properties of the royal grandfather, that is to say, where they have gone and into whose hands, and what persons were paid in discharge of the alms of the said grandfather; and what part thereof remains for the use of our lord the king: and what has become of the rest. And that those who have the distribution thereof be held to account by the said lords, and whether they have come to the profit of the king in discharge of his people,, or not. Item, to look over and examine the sum of the expenses of the household of our lord the king, calling before them the officers of the afore said household, better to inform themselves. Item, the wardships, marriages, forfeitures and escheats. Item, the revenues of Calais, and the other castles and fortresses, the other revenues of the war by sea and by land. Item, the revenues of Bordeaux, that is to say, of wine and money, and other such profits. Item, the subsidy of cloths, that is to say, the cloth with the seal eighteen pence. Item, the profits from the possessions of the rebellious cardinals. Item, to see to it that those who have taken wages for the war be made to give account of them and to answer for that which remains in their hands. Item, of the moneys called Roman pence, which amounts to a great sum, and of the arrears of many years. And be it remembered that the said lords appointed have themselves the command of the king in parliament to enter, that is to say, altogether or three of them at least, of whom one should be of each rank, the places and offices of the king which shall be necessary for this matter, with the officers or guardians of the same, and to examine together with the said officers the rolls, accounts, and whatsoever other things touch upon this matter, and to do and accomplish as much as is said above and to report distinctly to our said lord the king and to his council what they shall have done or found, with their best advice on this matter. And our lord the king wills and commands all his officers and ministers of the said places to show to the said lords appointed, or three of them, the rolls, accounts, tallies, and whatsoever other evidences touch this matter and to attend them in the manner before said as much and as often as they shall be required by the said lords or any of them.
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(1379. French original. 3 R. P. 57. Translation by Editors. 2 Stubbs, 468.)
13. ITEM, the lords and commons of the realm of England sitting in this parliament grant for themselves and for all the commons of England the subsidy of wools, leather, and woolfells; and another subsidy to be taken of the goods of certain persons in the realm, under a certain form and manner embodied in a schedule made thereof and delivered before parliament, the tenor of which follows word for word:
The lords and commons of the realm of England considering the great needs of the said realm and the malice of the enemies in France and elsewhere, desiring the great recovery of the said realm and the destruction of the said enemies, * * * grant, that if the mark on the sack of wools and the six pence on the pound which were granted at the last parliament held at Gloucester, be excused and annulled at present, the subsidy of wools to last for one entire year after the feast of St. Michael next to come; that is to say, on each sack as much as was granted before the said parliament of Gloucester, and a sum of money to be levied upon divers persons of the realm in the following manner, as well within the royal franchises as without; that is to say,
14.
| The Duke of Lancaster and the Duke of Brittany, each one | 10 marks |
| Item, each earl of England | 4 pounds |
| Item, each widowed countess in England, the same as the earls | 4 pounds |
| Item, each baron and banneret, or knight of equal wealth | 40s. |
| Item, each widowed baroness shall pay as the baron and each widow of a knight as the knight | 40s. |
| Item, each bachelor and each esquire who by the statute ought to be knight | 20s. |
| Item, each widowed lady, wife of a bachelor or esquire, according to her condition | 20s. |
| Item, each esquire of less estate | 6s. 8d. |
| Item, each widow of such an esquire or merchant of sufficient means | 6s. 8 d. |
| Item, each esquire possessing neither land nor rent, nor castles, who is in service, or under arms | 3s. 4d. |
| Item, the chief prior of the Hospital of St. John, as a baron | 40s. |
| Item, each commander of this Order of England, as a bachelor | 20s. |
| Item, each other brother knight of the said Order | 13s. 4d. |
| Item, all the other brothers of the said Order, each as an esquire without possessions | 3s. 4d. |
15.
| Item, each justice, as well of one bench as of the other, and those who have been justices of the same benches, and the chief baron of the exchequer, each | 100s. |
| Item, each sergeant and greater apprentice of the law | 40 s. |
| Item, other apprentices who follow the law, each | 20s. |
| Item, all the other apprentices of less estate, and attorneys, each | 6s. 8d. |
16.
| Item, the mayor of London pays as an earl | 4 pounds |
| Item, the aldermen of London, each as a baron | 40s. |
| Item, all the mayors of the large towns of England, each as a baron | 40s. |
| Item, the other mayors of the other small towns, according to the condition of their estate | 20s., 10s., or 1/2mark |
| And all the aldermen of the large towns, and the great merchants of the realm, pay as bachelors | 20s. |
| Item. other merchants of sufficient means | 13s. 4d. |
| Item, all the lesser merchants and artificers who have profit of the land, according to the condition of their estate | 6s. 8d, 3s. 4d., 2s., 12d., or 6d. |
| Item, each sergeant and franklin of the country, according to his estate | 6s. 8d., or 40d. |
| Item, the farmers of the manors, benefices, and granges, merchants of cattle and of other small merchandise, according to their estate | 1/2 mark, 40d., 2s., or 12d. |
17.
| Item, all the advocates, notaries, and married solicitors pay as sergeants of the law, apprentices of the law, and attorneys, each according to his estate | 40s., 20s., or 1/2 mark |
| Item, married pardoners, and summoners, each according to his estate | 3s. 4d., 2s., or 12d. |
| Item, all the hostlers who do not belong to the estate of merchant, each according to his estate | 40d., 2s., or 12d. |
| Item, each married man, for himself and his wife, who do not belong to the above named estates, above the age of sixteen, except veritable beggars | 4d. |
| And each single man and woman of such condition and above the said age | 4d. |
Item, each foreign merchant, of whatsoever estate he may be, pays according to his condition as the other residents. And these payments above named shall be levied from no person except in the place where he is living and nowhere else. And be it remembered, that the sums above named which are not definitely determined shall he fixed at the discretion of the assessors and controllers appointed for this purpose. And that the collectors of this subsidy above named fix the days of their payment at the feast of St. John the Baptist next to come and at the feast of St. Peter ad vincula next ensuing after that.
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(1380. French original, 3 R. P. 90. no. 15. Translation by Editors. 2 Stubbs, 470.)
15. FIRST, the lords and commons have agreed that there shall be given for the needs aforesaid, by each layman of the realm within the franchise or without, as well by the males as by the females, of whatsoever estate or condition they may be, who have passed the age of fifteen years, three groats, except the very beggars, who shall be charged nothing. Saving always that the levy be made in such order and form that each layman shall be charged fairly according to his condition and in the following manner: that is to say, that for the whole sum assessed in each town the wealthy according to their condition shall aid the poorer; provided that the most wealthy shall not pay above the sum of sixty groats for himself and his wife, and no person less than one groat for himself and his wife: and that no person be charged to pay except in that place where he and his wife and children live or in the place where he lives in service. And that all artificers, laborers, servants, and other laymen as also all servants whatsoever living with prelates and lords temporal, abbots, priors of collegiate churches, clerks of the chancery and in the common bench, the king’s bench, the exchequer, the receipt and with all other officers, knights, esquires, merchants, citizens, burgesses, and with all other persons, that each of them be assessed and taxed according to the condition of his estate and in the said form. And that commissions be given to a sufficient number of persons, as well in the counties as in cities and boroughs, to be collectors and controllers of the sum aforesaid: and that they shall take an oath to discharge their duties well and loyally. And it is not the intention of the said commons to make this present grant for anything except only the sustenance of the earl of Buckingham and the other lords and men in his company in parts of Brittany and for the defense of the realm and safe-guard of the sea. And that this present grant should not be made nor taken in the form nor after the manner of any levy of groats before this time, but should be levied solely on persons now living; provided the two divisions of the said payment be made on the fifteenth of St. Hilary next to come, and the third part at the Feast of Pentecost next ensuing thereafter: provided always that no one of the knights, citizens, and burgesses who have come to this present parliament be made collector or controller of the sums aforesaid. And that it pleases our lord the king and his council to ordain for the said levy, as well of the servants of the household of our lord the king as of the other lords in the realm, that they should be evenly charged, according to the purport of this grant.
And the commons pray, that during the war justices in eyre and of trailbaston shall not go on circuit among the said poor commons, but that the justice of the peace hold their courts according to the tenure of their commission.
And the commons grant to our lord the king the subsidy on wools to last till the Feast of St. Martin next to come.
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(May, 1382. French text and translation, 2 S. R. 17. 2 Stubbs, 482.)
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3. ITEM, to increase the navy of England, which is now greatly diminished: it is assented and accorded, that none of the king’s liege people do from henceforth ship any merchandise in going out or coming within the realm of England, anywhere, but only in ships of the king’s liegeance; and every person of the said liegeance, which * * * do ship and merchandise in any other ships * * * shall forfeit to the king all his merchandises shipped in other vessels, wheresoever they be found hereafter, or the value of the same; * * *
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6. Item, it is ordained, that all manner manumissions, obligations, releases, and other bonds made by compulsion, duress, and menace, in the time of this last rumor and riot against the laws of the land, and good faith, shall be wholly quashed, annulled and holden for void; and they that have done to be made, or do yet withhold such manumissions, obligations, releases, bonds, and other deeds so made by duress, shall be sent before the king and his council, thereof to answer there of their deed, and further shall be constrained to make delivery and restitution of the said deeds to them that made the same against their good will, with the copies of the same, if perchance they have thereof made any before, another time to use or renew the effect of the same if they may. And likewise it is accorded, that all entries made in lands or tenements, and also all feoffments made in the time of the same rumor by compulsion and menace, or otherwise with force of people, against the law, shall be void, and holden for none. And the king straitly defendeth to all manner of people, upon pain of as much as they may forfeit against him in body and goods, that none from henceforth make nor begin again, in any way, such riot and rumor, nor other like. And if any the same do, and that duly proved, it shall be done of him as of a traitor to the king and to his said realm.
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8. Item, touching the charters, releases, obligations, and other deeds and muniments, burnt, destroyed, or otherwise eloined in the same rumor, it is assented, that they which thereof feel them grieved, shall put their petitions distinctly made upon their matters specially before the king and his council, betwixt this and the Nativity of Saint John Baptist next coming at the furthest, and there make sufficient proof of the said muniments so lost, and of the form and tenor of the same; and that done, such remedy shall thereof be provided for them at every man’s complaint, as best shall seem in the case, saving the law.
[Part omitted]
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(May, 1382. French text and translation, 2 S. R. 23. 2 Stubbs, 487.)
[Part omitted]
5. ITEM, forasmuch as it is openly known, that there be divers evil persons within the realm, going from county to county, and from town to town, in certain habits under dissimulation of great holiness, and without the licence of our holy father the pope, or of the ordinaries of the places or other sufficient authority, do preach daily, not only in churches and churchyards, but also in markets, fairs, and other open places, where a great congregation of people is, divers sermons containing heresies and notorious errors, to the great emblemishing of the Christian faith, and destruction of the laws, and of the estate of holy Church, to the great peril of the souls of the people, and of all the realm of England, as more plainly is found and sufficiently proved before the reverend father in God the archbishop of Canterbury, and the bishops and other prelates, and masters of divinity. and doctors of canon and of civil law, and a great part of the clergy of the said realm specially assembled for this cause; which persons do also preach divers matters of slander, to engender discord and dissension betwixt divers estates of the said realm, as well spiritual as temporal, in exciting of the people, to the great peril of all the realm: which preachers cited of summoned before the ordinaries of the places, there to answer of that whereof they be impeached, will not obey to their summons and commandments, nor care not for their monitions, nor censures of the holy Church, but expressly despise them, and moreover by their subtil words do draw and beguile the people to hear their sermons, and to maintain them in their errors by strong hand and by great routs: it is ordained in this present parliament, that the king’s commissions be directed to the sheriffs and other ministers of our sovereign lord the king, or other sufficient persons after and according to the certifications of the prelates thereof to be made in the chancery from time to time, to arrest all such preachers, and also their fautors, maintainors, and abettors, and to hold them in arrest and strong prison, till they will justify them according to the law and reason of holy Church: And the king will and commandeth, that the chancellor make such commission at all times, that he by the prelates or any of them shall be certified and thereof required, as is aforesaid.
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(June, 1385. Latin text and translation, 2 S. R. 36. 2 Stubbs, 640.)
To the honor of God, and at the request of the commonalty of the realm of England made to our lord the king in his parliament holden at Westminster in the morrow of Saint Martin, the eighth year of his reign; the same our lord the king of the assent of the prelates, great men, and commons aforesaid, hath caused to be made in the same parliament, a certain statute for the common profit of the said realm, and especially for the good and just governance, and due execution of the common law, in the form following.
1. First, it is accorded and statuted, that holy Church have all her liberties; and that the Great Charter, and the Charter of the Forest, the Statutes of purveyors and laborers, and all other statutes and ordinances heretofore made and not repealed, shall be holden and observed, and put in due execution according to the form and effect of the same.
2. Item, it is accorded and statuted, that no man of law shall be from henceforth justice of assizes, or of the common deliverance of jails in his own country; and that the chief justice of the common bench be assigned amongst others to take such assizes, and deliver jails; but as to the chief justice of the king’s bench, it shall be as for the most part of an hundred years last past was wont to be done.
3. Item, whereas late in the time of the noble king Edward, grandfather of our sovereign lord the king that now is, it was ordained, that justices, as long as they should be in the office of justices, should not take fee nor robe of any except of the king, and that they should not take gift nor reward by them nor yet by other, privily nor openly, of any man which should have anything to do afore them in any wise, except meat and drink, of small value; and that they should not give counsel to any great or small in things or affairs, where the king is party, or which in any wise touch the king, upon a certain pain contained in the said ordinance: and in the same manner it is ordained of the barons of the exchequer, as in the said ordinance is more plainly contained; and the said ordinance being rehearsed in the parliament, it is accorded and statuted, that no justice of the king’s bench nor of the common bench, nor none of the barons of the exchequer, as long as they shall be in the office of justice or barons, shall take from henceforth by himself or other, privily or openly, robe, fee, pension, gift, nor reward, of any but of the king, nor entertainment of any, except entertainment of meat and drink, which shall be of no great value. And that from henceforth they shall give no counsel to any, great or small, in things or affairs, wherein the king is party, or which in any wise touch the king, and that they be not of any man’s counsel in any cause, plea, or quarrel, hanging the plea before them or in other of the king’s great courts or places, upon pain of loss of their office, and making to the king fine and ransom.
[Part omitted]
5. * * *; it is accorded and statuted, that all pleas and suits touching the common law, and which ought to be examined and discussed at the common law, shall not be hereafter drawn or holden by any means before the said constable and marshal, but that the court of the same constable and marshal shall have that which belongeth to the same court, * * *
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(December, 1385. French text and translation, 2 S. R. 38.)
[Part omitted]
3. ITEM, whereas divers villeins and neifs, as well of great lords as of other people, as well spiritual as temporal, do flee into cities, towns, and places enfranchised, as the city of London, and other like, and feign divers suits against their lords, to the intent to make them free by the answer of their lords: it is accorded and assented, that the lords nor other, shall not be forbarred of their villeins, because of their answer in the law.
[Part omitted]
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(1386. French original. 3 R. P. 216. Translation by Editors. 2 Stubbs, 497.)
IN this parliament, all the commons with one accord, assembled unanimously and came before the king, prelates and lords, in the chambers of parliament, complaining grievously of Michael de la Pole, earl of Suffolk, late chancellor of England, then present and accused him by word of mouth in the following manner, to wit:
6. First, that the said earl, being chancellor and sworn to promote the king’s welfare, purchased from our lord the king lands, tenements, and rents, of great value as appears by record in the rolls of the chancery, contrary to his oath, whereas he had not deserved so much considering the great need of the king and of the realm: and besides this, because the said earl was chancellor at the time of the said purchase, the said lands and tenements were appraised at a less value than they were worth per year by a great sum, in deceit of the king.
Item, whereas nine lords were appointed at the last parliament to inspect and examine the estate of the king and the realm, and to give their advice as to how it could be best improved and brought under a better government and order; and on this inspection made and the report made to the king both by word of mouth and in writing, the said late chancellor had said in full parliament, that the said advice and ordinance ought to be put into due execution; and this was not done, and it was the fault of himself as he was then chief officer.
Item, whereas the tax was granted by the commons at the last parliament to be expended in a certain manner demanded by the commons and assented to by the king and lords, and not at all otherwise, the moneys arising therefrom were expended in another manner, so that the sea was not guarded in the manner which had been ordained; because of which many mischances had befallen the realm and very probably would in the future, and this because of the neglect of the said late chancellor.
Item, whereas a certain Tideman of Limburgh, who had for himself and heirs as the gift of the grandfather of the king fifty pounds yearly on the customs duties of Kingston on Hull which Tideman forfeited to the king, and also the payment of the said annual fifty pounds had been discontinued for twenty or thirty years, the said late chancellor knowing this, purchased from him and from the heirs of the said Tideman the said annual fifty pounds and brought it about that the king confirmed the said purchase, whereas the king should have had the profit.
Item, whereas the chief master of St. Antony is a schismatic, and for this reason the king should have the profit which belongs to him in the kingdom of England, the said late chancellor, who should have promoted and secured the profit of the king, leased the said profit of the king for twenty marks per year and took thereof for his own especial use very nearly one thousand marks, and at the time when the master of St. Antony who is now in England should have had possession and delivery of the said profit, he was not able to have it until he and two persons with him had bound themselves by an acknowledgement in the chancery and by bonds in the sum of £3,000 to pay annually to the said late chancellor and to John his son one hundred pounds per year, for the term of both their lives.
Item, that in the time of the said late chancellor were granted and made divers charters and patents of murders, treasons, felonies, erasures of the rolls, sale of the laws, and in particular, since the beginning of this parliament, was made and sealed a charter of certain franchises granted to the castle of Dover, in disherison of the crown and the subversion of all the offices and courts of the king and of his laws.
Item, whereas ordinance was made at the last parliament for the town of Ghent providing that ten thousand marks should be paid as ransom and for this ransom three thousand marks should be expended; because of the default and neglect of the said late chancellor the said town was lost; notwithstanding that the ten thousand marks had been paid and the said three thousand marks expended for the ransom, as has been said.
On all these articles the said commons demand the judgment of parliament.
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(1386. Latin original. Knighton’s chronicle, Rolls Series, II. 219. Translation by Editors. 2 Stubbs, 497.)
YET one other thing remains of our message for us to announce to you on the part of your people. For they have it from an old statute, and in fact not very long ago put into force, which is to be regretted, that if the king from any malignant design or foolish contumacy or contempt or wanton wilfulness or in any irregular way should alienate himself from his people, and should not be willing to be governed and regulated by the laws, statutes and laudable ordinances of the realm with the wholesome advice of the lords and peers of the realm, but should headily and wantonly by his own mad designs work out his own private purpose, then it should be lawful for them with the common assent and consent of the people of the realm to depose the king himself from the royal throne and to elevate to the royal throne in his place some near kinsman of the royal line.
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(May, 1390. French text and translation, 2 S. R. 68. 2 Stubbs, 430, 508, 612, 3 Stubbs, 309, 324, 338.)
2. ITEM, whereas the noble king Edward, grandfather to our lord the king that now is, at his parliament holden at Westminster, at the utas of the purification of our Lady the five and twentieth year of his reign, caused to be rehearsed the statute made at Carlisle in the time of his grandfather king Edward, son of king Henry, touching the estate of the holy Church of England; the said grandfather of the king that now is, by the assent of the great men of his realm, being in the same parliament, holden the said five and twentieth year, to the honor of God and of holy Church, and of all his realm, did ordain and establish, that the free elections of archbishoprics, bishoprics, and all other dignities and benefices elective in England, should hold from thenceforth in the manner as they were granted by his progenitors, and by the ancestors of other lords founders; and that all prelates and other people of holy Church, which had advowsons of any benefices of the gift of the king, or of his progenitors, or of other lords and donors, should freely have their collations and presentments; and thereupon a certain punishment was ordained in the same statute for them which accept any benefice or dignity contrary to the said statute made at Westminster the said twenty-fifth year, as afore is said; which statute our lord the king hath caused to be recited in this present parliament at the request of his commons in the same parliament, the tenor whereof is such as hereafter followeth. * * *
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And further more our lord the king that now is, of the assent of the great men of his realm being in this present parliament, hath ordained and established, that for all archbishoprics, bishoprics, and other dignities and benefices elective, and all other benefices of holy Church, which began to be void in deed the twenty-ninth day of January, the thirteenth year of the reign of our lord king Richard that now is, or after, or which shall be void in time to come within the realm of England, the said statute made the said twenty-fifth year shall be firmly holden forever, and put in due execution from time to time in all manner of points; and if any do accept of a benefice of holy Church contrary to this statute, and that duly proved, and be beyond the sea, he shall abide exiled and banished out of the realm forever, and his lands and tenements, goods and chattels shall be forfeit to the king; and if he be within the realm, he shall be also exiled and banished as afore is said, and shall incur the same forfeiture, and take his way so that he be out of the realm in six weeks next after such acceptation; and if any receive any such person banished coming from beyond the sea, or being within the realm after the said six weeks, knowing thereof, he shall be also exiled and banished, and incur such forfeiture as afore is said; and that their procurators, notaries, executors, and summoners have the pain and forfeiture aforesaid. Provided nevertheless, that all they to whom our holy father the pope, or his predecessors, have provided any archbishopric, bishopric, or other dignity, or benefices elective, or other benefices of holy Church, of the patronage of people of holy Church, in respect of any voidance before the said twenty-ninth day of January, and thereof were in actual possession before the same twenty-ninth day, shall have and enjoy the said archbishoprics, bishoprics, dignities, and other benefices peaceably for their lives, notwithstanding the statutes and ordinance aforesaid. And if the king send by letter or in other manner to the court of Rome, at the entreaty of any person, or if any other send or sue to the same court, whereby, anything is done contrary to this statute, touching any archbishopric, bishopric, dignity, or other benefice of holy Church within the said realm, if he that maketh such motion or suit be a prelate of holy Church, he shall pay to the king the value of his temporalties of one year; and if he be a temporal lord, he shall pay to the king the value of his lands and possessions not moveable of one year; and if he be another person of a more mean estate, he shall pay to the king the value of the benefice for which suit is made, and shall be imprisoned one year. And it is the intent of this statute, that of all dignities and benefices of holy Church, which were void indeed the said twenty-ninth day of January, which be given, or to which it is provided by the pope before the same twenty-ninth day that they to whom such gifts or provisions be made, may freely of such gifts and provisions sue execution without offence of this statute: provided always, that of no dignity or benefice which was full the said twenty-ninth day of January no man because of any collation, gift, reservation, and provision, or other grace papal, not executed before the said twenty-ninth day, shall not sue thereof execution, upon the pains and forfeitures contained in this present statute.
3. Item, it is ordained and established, that if any man bring or send within the realm, or the king’s power, any summons, sentences, or excommunications against any person, of what condition that he be, for the cause of the moving, making assent, or execution of the said statute of provisors, he shall be taken, arrested, and put in prison, and forfeit all his lands and tenements, goods and chattels forever, and incur the pain of life and of member. And if any prelate make execution of such summons, sentences, or excommunications, that his temporalties be taken and abide in the king’s hands, till due redress and correction be thereof made. And if any person of less estate than a prelate, of what condition that he be, make such execution, he shall be taken, arrested, and put in prison, and have imprisonment, and make fine and ransom by the discretion of the king’ s council.
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(May, 1390. French text and translation, 2 S. R. 74. 2 Stubbs, 509, 640, 3 Stubbs, 549.)
THE king to the sheriff of Kent, Greeting.
Whereas by the laws and customs of our realm, which we are bound, by the oath made at our coronation, to preserve, all our lieges within the same realm, as well poor as rich, ought freely to sue, defend, receive and have justice and right, and the accomplishment and execution thereof, in any our courts whatsoever and elsewhere, without being disturbed or oppressed by maintenance, menace, or in any other manner; and now so it is, that in many of our parliaments heretofore holden, and namely, in the parliaments last holden at Cambridge and Westminster, grievous complaint and great clamor hath been made unto us, as well by the lords spiritual and temporal as by the commons of our said realm, of great and outrageous oppressions and maintenances made to the damage of us and of our people, in divers parts of the same realm, by divers maintainors, instigators, barrators, procurors, and embraceors of quarrels and inquests in the country, whereof many are the more encouraged and bold in their maintenance and evil deeds aforesaid, because that they be of the retinue of lords and others of our said realm, with fees, robes, and other liveries, called liveries of company; We have ordained and straitly forbidden, by the advice of our great council, that no prelate, nor other man of holy Church, nor bachelor, nor esquire, nor other of less estate, give any manner of such livery called livery of company; and that no duke, earl, baron, or banneret give such livery of company to knight or esquire, if he be not retained with him for the term of his life for peace and for war, by indenture, without fraud or evil device, or unless he be a domestic and familiar abiding in his household nor to any valet called yeoman archer, nor to other of less estate than esquire, if he be not, in like manner, a familiar abiding in his household. And that all lords spiritual and temporal, and all others of what condition or estate they be, shall utterly oust all such maintainors, instigators, barrators, procurors, and embraceors of quarrels and inquests from their fees, robes, and all manner of liveries, and from their service, company, and retainer, without receiving any such on their retainer, in any manner, in time to come; and that no lord spiritual nor temporal, nor any other, that hath or shall have people of his retinue, shall suffer any that belong to him, to be a maintainor, instigator, barrator, procuror, or embraceor of quarrels and inquests in the country, in any manner, but shall put them away from his service and retinue, as afore is said, as soon as it call be discovered; and that if any lord do oust any such maintainor, instigator, barrator, procuror, or embraceor from his company for this cause, that then no other lord do retain or receive him of his retinue nor of his company in any manner; and that none of our lieges, great nor small, of what condition or estate he be, whether he be of the retinue of any lord, or other person whatever who belongeth not to any retinue, shall not undertake any quarrel other than his own, nor shall maintain it, by himself nor by other, privily nor openly, and that all those who use and wear such livery called livery of company, contrary to this our ordinance, shall leave them off altogether within ten days after the proclamation of this same ordinance, without using or wearing them any more afterwards; and that this our ordinance be held and firmly kept, and duly executed, in all points, as well by those who have or shall have people of their retinue, as by all other persons, in that which to them belongeth touching the same ordinance, upon pain of imprisonment, fine, and ransom, or of being punished in other manner, according as shall be advised by us and our council: wherefore we command and charge you that incontinently, upon sight hereof, you cause to be published and proclaimed this our ordinance in cities, boroughs, market towns, and other public places within your bailiwick, as well within franchise as without, and do cause the same to be holden and duly executed in all points.
Given under our great seal at Westminster, the twelfth day of May.
By the king himself and the council.
Like writs are directed to the several sheriffs throughout England.
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(February, 1392. French text and translation, 2 S. R. 78. 2 Stubbs, 509, 638.)
[Part omitted]
3. ITEM, * * * It is declared, ordained and established that of all manner of contracts, pleas, and quarrels, and all other things rising within the bodies of counties, as well by land, as by water, * * * and also wreck of the sea, shall be tried determined, discussed, and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant in any wise. Nevertheless, of the death of a man, and of a mayhem done in great ships, being and hovering in the main stream of great rivers, only beneath the bridges of the same rivers most next to the sea, and in none other places of the same rivers, the admiral shall have cognizance, and also to arrest ships in the great fleets for the great voyages of the king and of the realm; saving always to the king all manner of forfeitures and profits thereof coming; and he shall have also jurisdiction upon the said fleets, during the said voyages only: saving always to the lords, cities, and boroughs their liberties and franchises.
5. Item, whereas it is contained in the statute de religiosis, * * * and now of late by subtile imagination, and by art, and device, some religious persons, parsons, vicars, and other spiritual persons, have entered in divers lands and tenements, which be adjoining to the churches, and of the same, by sufferance and assent of the tenants, have made churchyards, and by bulls of the bishop of Rome have caused the same to be dedicated and hallowed, and in them do make continually parochial burying without licence of the king and of the chief lords; therefore it is declared in this parliament, that this is manifestly within the compass of the said statute. And moreover it is agreed and assented, that all they that be possessed by feoffment, or by any other manner, to the use of religious people, or other spiritual persons, of lands and tenements, fees, advowsons, or any manner other possessions whatsoever, to amortise them, and whereof the said religious and spiritual persons take the profits, that betwixt this and the feast of Saint Michael next coming, they shall cause them to be amortised by the licence of the king and of the lords, or else that they shall sell and aliene them to some other use between this and the said feast, upon pain to be forfeited to the king, and to the lords, according to the form of the said statute of religious, as lands purchased by religious people: and that from henceforth no such purchase be made, so that such religious or other spiritual person take thereof the profits, as afore is said, upon pain aforesaid: and that this same statute extend and be observed of all lands, tenements, fees, advowsons, and other possessions, purchased or to he purchased to the use of guilds or fraternities. And moreover it is assented, because mayors, bailiffs, and commons of cities, boroughs, and other towns which have a perpetual commonalty, and others which have offices perpetual be as perpetual as people of religion, that from henceforth they shall not purchase to them, and to their commons or office, upon the pain contained in the said statute de religiosis; * * *
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12. Item, * * * it is agreed and assented, that from henceforth none of the king’s subjects be compelled, neither by any mean constrained, to come nor to appear before the council of any lord or lady, to answer for his freehold, nor any for anything touching his freehold, nor for any other thing, real or personal, that belongeth to the law of the land in any manner: and if any find himself grieved in time to come, contrary to this ordinance and agreement, he may complain to the chancellor for the time being, and he shall give him remedy.
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(May, 1393. 16 Richard II. c. 5. French text and translation, 2 S. R. 84. 2 Stubbs, 435, 509, 3 Stubbs, 341, 363.)
5. ITEM, whereas the commons of the realm in this present parliament have showed to our redoubted lord the king, grievously complaining, that whereas the said our lord the king, and all his liege people, ought of right, and of old time were wont to sue in the king’s court, to recover their presentments to churches, prebends, and other benefices of holy Church, to the which they had right to present, the cognizance of the plea of which suit belongeth only, to the king’s court of the old right of his crown, used and approved in the time of all his progenitors kings of England; and when judgment shall be given in the same court upon such a plea and suit, the archbishops, bishops, and other spiritual persons which have institution of such benefices within their jurisdiction, be bound, and have made execution of such judgments by the king’s commandments of all the time aforesaid without interruption, for another, lay-person, may not make such execution, and also be bound of right to make execution of many other of the king’s commandments, of which right the crown of England hath been peaceably seised, as well in the time of our said lord the king that now is, as in the time of all his progenitors till this day: but now of late divers processes be made by the holy father the pope and censures of excommunication upon certain bishops of England, because they have made execution of such commandments, to the open disherison of the said crown, and destruction of the regalty of our said lord the king, his law, and all his realm, if remedy be not provided: and also it is said, and a common clamor is made, that the said father the pope hath ordained and purposed to translate some prelates of the same realm, some out of the realm, and some from one bishopric into another within the same realm, without the king’s assent and knowledge, and without the assent of the prelates, which so shall be translated, which prelates be much profitable and necessary to our said lord the king, and to all his realm; by which translations, if they should be suffered, the statutes of the realm should be defeated and made void; and his said liege sages of his council, without his assent, and against his will, carried away and gotten out of his realm, and the substance and treasure of the realm shall be carried away, and so the realm destitute as well of council as of substance, to the final destruction of the same realm; and so the crown of England, which hath been so free at all times, that it hath been in subjection to no realm, but immediately subject to God in all things touching the regalty of the same crown, and to none other, should be submitted to the pope, and the laws and statutes of the realm by him defeated and avoided at his will, in perpetual destruction Of the sovereignty of the king our lord, his crown, his regalty, and of all his realm, which God defend: and moreover, the commons aforesaid say, that the said things so attempted be clearly against the king’s crown and his regalty, used and approved of the time of all his progenitors; wherefore they and all the liege commons of the same realm will stand with our said lord the king, and his said crown, and his regalty, in the cases aforesaid, and in all other cases attempted against him, his crown, and his regalty in all points, to live and to die; and moreover they pray the king, and him require by way of justice, that he would examine all the lords in the parliament, as well spiritual as temporal severally, and all the states of the parliament, how they think of the cases aforesaid, which be so openly against the king’s crown, and in derogation of his regalty, and how they will stand in the same cases with our lord the king, in upholding the rights of the said crown and regalty. Whereupon the lords temporal so demanded, have answered every one by himself, that the cases aforesaid be clearly in derogation of the king’s crown, and of his regalty, as it is well known, and hath been of a long time known, and that they will stand with the same crown and regalty in these cases specially, and in all other cases which shall be attempted against the same crown and regalty in all points, with all their power: and moreover it was demanded of the lords spiritual there being, and the procurators of others being absent, their advice and will in all these cases; which lords, that is to say, the archbishops, bishops, and other prelates, being in the said parliament severally examined, making protestations, that it is not their mind to say, nor affirm, that our holy father the pope may not excommunicate bishops, nor that he may make translation of prelates after law of holy Church, answered and said, that if any execution of processes made in the king’s court, as before, be made by any, and censures of excommunications be made against any bishops of England, or any other of the king’s liege people, for that they have made execution of such commandments, and that if any executions of such translations be made of any prelates of the same realm, which lords be very profitable and necessary to our said lord the king and to his said realm, or that his sage men of his council, without his assent, and against his will, be removed and carried out of the realm, so that the substance and treasure of the realm may be consumed, that the same is against the king and his crown, as it is contained in the petition before named: and likewise the same procurators, every one by himself examined upon the said matters, have answered and said in the same, and for their lords, as the said bishops have said and answered, and that the said lords spiritual will and ought to stand with the king in these cases lawfully in maintaining of his crown, and in all other cases touching his crown and his regalty, as they be bound by their liegeance whereupon our said lord the king, by the assent aforesaid, and at the request of his said commons, hath ordained and established, that if any purchase or pursue, or cause to be purchased or pursued in the court of Rome, or elsewhere, any such translations, processes, and sentences of excommunications, bulls, instruments, or any other things whatsoever, which touch the king our lord, against him, his crown, and his regalty, or his realm, as is aforesaid, and they which bring them within the realm, or them receive, or make thereof notification or any other execution whatsoever within the same realm or without, that they, their notaries, procurators, maintainors, abettors, fautors, and counsellors, shall be put out of the king’s protection, and their lands and tenements, goods and chattels, forfeit to our lord the king; and that they be attached by their bodies, if they may be found, and brought before the king and his council, there to answer to the cases aforesaid, or that process be made against them by præmunire facias, in manner as it is ordained in other statutes of provisors, and other which do sue in the court of another in derogation of the regalty of our lord the king.
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(September, 1397. French text and translation, 2 S. R. 94. 2 Stubbs, 520, 3 Stubbs, 537.)
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3. ITEM, it is ordained and stablished, that every man, which compasseth or purposeth the death of the king, or to depose him, or to render up his liege homage, or he that raiseth people and rideth against the king to make war within his realm, and of that be duly attainted and judged in the parliament, shall be judged as a traitor of high treason against the crown; and he for him and his heirs shall forfeit all the lands, tenements and possessions, liberties and all other hereditaments, which he hath or any other hath to his use, or had the day of the treason done, as well in fee tail as in fee simple, to the king and his heirs, as well such lands holden of other as of himself forever; and also such possession as other have to his use. * * *
[Part omitted]
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(1398. French original, 3 R. P. 368, No. 74. Translation by Editors. 2 Stubbs, 522.)
ITEM, the same Thursday, the commons prayed the king, as they had divers petitions before them both for special persons and others, neither read nor answered, and also several other matters and affairs which had been moved in the presence of the king, which, because of the shortness of the time, could not well be satisfactorily determined at present: That it should please the king to give full power to certain lords, and to other persons whom it should please him, to examine, answer, and determine the said petitions and the matters and affairs aforesaid and all the dependencies of the same. To which prayer the king assented. And thereupon, with the authority and assent of parliament, were
ordained and appointed John duke of Lancaster, Edmond duke of York, Edward duke of Albemarle, Thomas duke of Surrey, John duke of Exeter, John marquis of Dorset, Roger earl of March, John earl of Salisbury, Henry earl of Northumberland, Thomas earl of Gloucester, Thomas earl of Worcester, and Thomas earl of Wiltshire, or six of them; John Bussey, Henry Green, John Russell, Richard Chelmswick, Robert Teye, and John Golafre, knights coming for the parliament, or three of them, to examine, answer, and plainly determine both all the said petitions and the matters contained in them, and all other matter and affairs moved in the presence of the king and all the dependences of the same not determined, according as it seemed best to them by their good advice and discretion in this matter by authority of the said parliament.
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(1398. French original, 3 R, P. 368, No. 75. Translation by Editors. 2 Stubbs, 522.)
ITEM, the same day, the commons of the realm, with assent of the lords spiritual and temporal, granted to the king the subsidy of wools, leather, and woolfells for the term of his life, and one fifteenth, and tenth, and half a fifteenth and half a tenth, in the following manner and form.
To the reverence of God and of Holy Church, and for the good and peace of the realm, and for the full affection and complete confidence which the commons of the realm have in our very redoubtable lord the king, the said commons with the assent of the lords spiritual and temporal, at the parliament summoned and commenced at Westminster and adjourned to Shrewsbury, have granted to our said lord the king the subsidy of wools, leather, and woolfells leaving the kingdom which the king takes at present, to have during the life of our said lord the king. And also six shillings, eight pence on the sack of wool and of leather, and woolfells, to be levied from foreigners over and above that accustomed to be paid for a sack of wool before this time: On protest that this grant be not considered either a precedent or example in the time of the succeeding kings of England in time to come. And also, for the great love and full affection which our said lord the king has for his said commons, the said commons with assent of the lords spiritual and temporal, have granted to our said lord the king one entire fifteenth and tenth, and one half-fifteenth and half-tenth, to be levied on the people in the manner customary before this time, to the terms underwritten: that is to say, one half-fifteenth and half-tenth, in the month of St. Michael next to come, and another half-fifteenth and half-tenth, on the fifteenth of Easter then next ensuing. and another half-fifteenth and half-tenth on the fifteenth of St. Michael thereafter next ensuing.
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(1399. Latin original, 3 R. P. 416, Translation by Editors. 2 Stubbs, 528, 529, 3 Stubbs, 14, 528.)
IN God’s name, Amen. I, Richard, by the grace of God, king of England and France, and lord of Ireland, absolve all archbishops and bishops of the said kingdoms and lordships, and all other prelates whatsoever of secular or regular churches of whatsoever dignity, rank, state, or condition they may be, and dukes, marquises, earls, barons, knights, vassals, and vavassors and all my liege men, clerical or secular by whatsoever name they are known, from the oath of fealty and homage and all others whatsoever made to me and from every bond of allegiance, royalty and lordship with which they have been or are bound by oath to me, or bound in any other way whatsoever; and these and their heirs and successors in perpetuity from these bonds and oaths and all other bonds whatsoever, I relieve, free, and excuse: absolved, excused and freed as far as pertains to my person, I release them from every performance of their oath which could follow from their promises or from any of them; and all royal dignity and majesty and royalty and also the lordship and power in the said realms and lordships; and my other lordships and possessions or whatsoever others belong to me in any way, under whatsoever name they are known, which are in the aforesaid realms and lordships or elsewhere; and all right and color of right, and title, possessions, and lordship which I have ever had, still have or shall be able to have in any way, in these or any of them, or to these with their rights and everything pertaining to them or dependent upon them in any way whatsoever; from these or any of them; and also the command, government, and administration of such realms and lordships; and all and every kind of absolute and mixed sovereignty and jurisdiction in these realms and lordships belonging to me or to belong to me; the name and honor and royal right and title of king, freely, voluntarily, unequivocally, and absolutely, and in the best fashion, wise, and form possible, in these writings I renounce, and resign as a whole, and release in word and deed, and yield my place in them, and retire from them forever.
Saving to my successors, kings of England, in the realms and lordships and all other premises in perpetuity, the rights belonging or to belong to them, in them or in any of them, I confess, acknowledge, consider, and truly judge from sure knowledge that I in the rule and government of the said realms and lordships and all pertaining to them have been and am wholly insufficient and useless, and because of my notorious deserts am not unworthy to be deposed. And I swear on these holy gospels touched bodily by me that I will never contravene these premises of renunciation, resignation, demise and surrender, nor will I impugn them in any way, in deed or in word by myself or by another or others, or as far as in me lies permit them to be contravened or impugned publicly or secretly but I will hold this renunciation, resignation, demise, and surrender unalterable and acceptable and I will keep it firmly, and observe it in whole and in every part; so may God help me and these holy scriptures of God.
I, Richard, the aforesaid king, subscribe myself with my own hand.
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(1399. Latin and English original, 3 R. P. 422. Translation by Editors. 2 Stubbs, 528, 531, 3 Stubbs, 13, 14.)
51. AND since it seemed to all these estates, after they had made examination separately and also together, that these crimes and shortcomings were sufficient and notorious enough for the deposition of the said king, having considered his confession concerning his own insufficiency and the other things contained in the said renunciation and surrender openly set forth, all the abovesaid estates unanimously agreed that for these abundant reasons they should proceed to the deposition of the said king, for the greater safety and tranquillity of the people and for the security of the realm.
Then the aforesaid estate unanimously and amicably appointed certain commissioners, namely the bishop of St. Asaph, the abbot of Glastonbury, the earl of Gloucester, the lord of Berkeley, Thomas Erpingham and Thomas Gray, knights, and Wm. Thirning, justice, and then publicly deputed them to carry out the sentence of such deposition and to depose the said king Richard from all the dignity, majesty and honor of a king, in the place of and with the name and authority of all the aforesaid estates, as had been observed in like cases of the ancient custom of the realm. And thereupon the said commissioners, taking upon themselves the burden of such a commission and seating themselves before the said royal throne as the tribunal, some deliberation having been held previously respecting these things, brought the sentence of deposition reduced to writing, in the place of and with the name and authority of the aforesaid and they had the said sentence of the will and command of the commissioners, read and delivered by the said bishop of St. Asaph, their fellow commissioner and colleague, in the following words:
52. In the name of God, Amen. We, John bishop of St. Asaph, John abbot of Glastonbury, Thomas earl of Gloucester, Thomas lord Berkeley, Thomas Erpingham and Thomas Gray, knights, and William Thirning, justice, for the peers and nobles of the realm of England spiritual and temporal, and for the commons of the realm, representing all the estates of this realm, commissioners specially deputed for the writings below, seated before the tribunal, after having considered the very many perjuries, and the cruelty, and many other crimes of the said Richard, which he has committed and perpetrated in respect to his rule in the above mentioned realms and lordship throughout the time of his rule and having openly and publicly proposed, shown, and declared them in the presence of the said estates; which have been and are so public, notorious, plainly manifest, and famous that none have been able or are able to be concealed by subterfuge and also by the confession of the aforesaid Richard who acknowledges and considers and truly judges from his own sure knowledge that he has been and is utterly insufficient and useless in the rule and government of the aforesaid realms and lordship and those things pertaining to them, and on account of his notorious deserts is not unworthy to be deposed, which was set forth previously by Richard himself, and published according to his will and command in the presence of the said estates, and by them made known and explained to the public, and diligent deliberation having previously been held concerning these and all things involved in this business in the presence of the aforesaid estates and by us, in the representation, name and authority committed to us in the matter, for abundant reason and as a precaution for the rule and government of the said realms and lordship and the rights pertaining to them, we pronounce, decree, and declare that Richard himself has been and is useless, incapable, utterly insufficient and unworthy and because of the circumstances stated above and in consequence of them we pronounce, decree and declare him worthy to be deposed from all royal dignity and honor, if any dignity and honor of this sort remain to him, and by a like precaution, we depose him by our definite sentence in all and each of these writings. To the lords, archbishops, bishops and prelates, dukes, marquisses, earls, knights, vassals and vavassors, and other men of the said realms and lordship, and of other places subject to the said realms and lordship, their subjects and liegemen whomsoever, it is expressly forbidden that any one of them should in any way submit or attend to the said Richard as if he were king or lord of the aforesaid realms and lordship.
53. Moreover in addition the said estates wishing that nothing should be lacking which can be and ought to be required concerning these circumstances set down above, after having considered separately, appointed the same persons formerly nominated commissioners to be their procurators jointly and separately, to bear and to restore to the said king Richard the homage and fealty formerly rendered to him and to announce all the circumstances touching this deposition and renunciation, if it should be necessary. And immediately, as it was evident from the circumstances set down above and their occasion that the realm of England with its appurtenances was vacant, the aforesaid Henry duke of Lancaster rising from his place, and standing erect so that he might be able to be well seen by the people and protecting himself humbly with the sign of the cross on his forehead and breast, after first calling upon the name of Christ, claimed the aforesaid English realm inasmuch as it was vacant, together with the crown and all its parts and appurtenances in his mother tongue in this form of words:
In the name of the Father, Son, and Holy Ghost, I, Henry of Lancaster, challenge this realm of England and the crown with all the members and the appurtenances, as I that am descended by right line of the blood coming from the good lord king Henry III, and through that right, that God of his grace hath sent me with help of my kin and of my friends to recover it: the which realm was in point to be undone for default of governance and undoing of the good laws.
54. After the lords spiritual and temporal and all the estates there present had considered this demand and claim singly and jointly what was to be judged concerning that demand and claim, the said estates with all the people, without any difficulty or delay, unanimously agreed that the aforesaid duke should reign over them. And as soon as the said king had showed to the estates of the realm the signet of king Richard, delivered to him as a token of good will as is clearly set forth, the aforesaid archbishop, taking the said king Henry by his right hand, led him to the aforesaid royal throne. And after the said king on bended knees before the said throne had prayed for a short time, the said archbishop of Canterbury, joining to himself the aforesaid archbishop of York, took the said king and caused him to sit on the aforesaid royal throne, while the people applauded vigorously with excessive joy.
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