sent and wrote to the King for Redress but could never receive any Answer from him therefore lest the Glory of Ecclesiastic Liberty which was the Gift of Heaven should be sullied ne Ecclesiasticae Libertatis gloria coelestis muneris dono concessa in vestris regno terris in vestrae salutis honoris dispendium maculetur c. the Pope renewed the same Exhortations with Paternal Affection intreating admonishing and persuading in him that gives Health to Kings in eo qui Regibus dat salutem that he would not suffer these Grievances Injuries and Troubles to be done but that he by his Royal Protection would defend and cherish the Churches and Persons themselves for the Divine Reverence of the said See and of the Pope pro divina dictae sedis Domini nostri summi Pontificis reverentia And then he demands the Annual Sum of Rent of 1000 Marks per Annum which he was bound to pay to the Roman Church and the Arrears of it for about 15 years in his Father's time and his The 7 Ib. a. b. Pope concluding and closing with Devout Prayers and Humble Supplications to his Royal Highness and Magnificence seriously to consider how his Progenitors Kings of England that duely Honoured God and his Spouse the Church inlarged their Government qualiter progenitores vestri Reges Angliae qui Deum Ecclesiam sponsam suam debite honorabant principatuum suorum culmina latius diffundebant c. and how Peace and Quiet prevailed in their times and how the Kingdom then abounded in Wealth How also in the times of those Kings who stopt their Ears to the Admonition of the Church and by an elated or proud Obstinacy despising her Advice and not regarding her Exhortations brought upon themselves and Kingdoms great Troubles and Dangers And therefore to avoid them presseth him effectually to compel his Officers and Ministers to abstain from acting such Grievances and to protect and defend the Churches and Ecclesiastick Persons and to pay the whole Pension or Rent as he was obliged After the delivery of these Gravamina Grievances by the Pope's Command he sent 8 Append. n. 77. to him a very formal Account of it and the King's Answer That he had frequently Treated about the Execution of his Command with some of his Suffragan Brethren that had received the like and that afterwards on the 3d of the Kalends of March or 27th of February in the presence of the Patriarch of Jerusalem his Brother Suffragans the Bishops of London Winton Sarum Lincoln Norwich Chichester Worcester Excester Bath and Wells and St. Davids and of some Earls and Barons of the Kingdom he declared the Contents of his Mandate to the King and delivered them to him written in Latin and French with Exhortations and Admonitions And that because the King said he would deliberate upon them he came to him again with some of his Brethren on the Ides or 15th of March to receive his Answer who not appearing after long waiting he sent the Bishop of Worcester then Lord Treasurer to him and desired he would give an agreeable and convenient Return to the Roman Church and to him concerning the things declared and delivered to him That at length he let him know by the Lord Treasurer and John de Longham a Frier Preacher and his Confessor That he could not make Answer then for that the Contents of the Mandate not only touched him but all the Earls Barons and Great Men of the Kingdom with whom he could not then Treat as was necessary to be done but hoped he might in a short time That at last the King with his Council on the 2d of the Kalends of April or 31st of March answered in this Form That saving the Right of his Crown in as much as he could he would in all things as a Devout Son of the Church obey him and the Holy Apostolick See Adding That before the notice of these Letters there had been Discord raised between some Great Men of his Kingdom which was not yet composed for which reason he could not fully Deliberate so as to give a suitable Answer to all things in his Mandate but so soon as the Differences between the Noblemen were made up he intended to call a Council of his Kingdom and send such Answers by his own Messengers before the time prefix't for a General Council as might be pleasing to God acceptable to him and the Apostolick See advantageous to Holy Church and to his own and the Kingdom 's Profit and Honour In the Twelfth of his Reign he prohibited 9 Append. n. 78. the Arch-Bishop of Canterbury the Prelates and Clergy That in their principal Synod to be held at London they should not attempt to do or ordain any thing against his Crown and Dignity or against the State of the Kingdom but if they had any thing to Prosecute or Determine concerning the State of the Church themselves or himself it should be Transacted in the next Parlement he had then summoned to meet at Lincoln In the 1 Ib. n. 79. Fifteenth year likewise he commanded the Arch-Bishop of Canturbury and the other Prelates that were to meet in the Provincial Council to be held at London That they should not determine do or any ways ordain any thing prejudicial to himself the State of his Crown or his Kingdom There having been frequent Prohibitions directed to the Ecclesiastick Courts and many Doubts raised about what Pleas might be holden in them the King 2 Ib. n. 80. wrote to his Justices That Pleas meerly Spiritual as punishment for Mortal Sin such as Fornication Adultery and the like of which the punishment was sometimes Corporal sometimes Pecuniary especially if the Convict was a Freeman Also the punishment for the Church-Yard not being well fenced or the Church not being in good Repair or Decently Beautified in which Cases Pecuniary Punishments could only be inflicted Also if the Rector demanded of his Parishioners Oblations due and accustomed Tithes or if one Rector sued another for great Tithes Also if a Rector demanded a Mortuarie where it was due Also if a Prelate or Patron of a Church demanded a Pension due from the Rector Also for laying violent hands on a Clerk or defaming him were within the Cognisance of an Ecclesiastick Judge notwithstanding his Prohibition and these were the Heads of such things and Pleas as were then controverted btween and claimed by both Ecclesiastick and Secular Judges Taxes in this KING's Time IN the Parlement at Northampton in the First of his Reign the In Rot. Caput in Custod Cler. pipae Temp. Edw. II. Claus 1. Ed. II. M. 12. intus Earls Barons Knights and all others of the Kingdom omnes alii de Regno or Government granted to the King a Twentieth part of their Moveables except their Armor War Horses Jewels Robes and Vessels of Gold and Silver of Knights Militum aliorum liberorum hominum and other Freemen
impassable in the Winter Season diverted his Intention and so as he sent to the Besieged wanting Victuals to yield the Castle saving their Lives and Limbs At Berwick the King remained until after Christmas and the Queen at Windsor but what he did there I find not other than that he issued his 2 Writs dated at this place December 29th A Parlement to begin the Second Sunday in Lent for the calling of a Parlement at London to meet on the Second Sunday in Lent In which the Charter of the Forest and Magna Charta with A. D. 1300. 28 Ed. I. Artic supra Chartas in the Preamble In which the Charters c. were confirmed and a new Statute made the Statute of Winchester were Renewed and Confirmed and a new Statute made called Articles upon the Charters Printed in the Statutes at Large Coke's Second Institutes and Totel's Magna Charta and then it was ordered they should be published by the Sheriffs four times in the year For the observation whereof where there was no Remedy at Common Law there were Three Knights chosen in every County summarily to hear and determine from day to day all Plaints concerning such as had offended against them the King's Ministers not excepted without allowing any delays allowable by the Common Law who had power to punish Offenders by Imprisonment Ransom or Amerciament according as the Fault required To this purpose the King 2 Claus 28 Ed. I. M. 11. Dors Three Knights chosen in every County to see the new Statute observed 3 Ibm. M. 8. Dors Which was to be read and published four times in the year issued his Writs to all the Sheriffs Coroners and Communities of Counties in England to choose Three Knights to be at York on the Morrow of Ascention to receive Instructions accordingly Witness the King at Westminster March 27th in the 28th of his Reign And likewise sent out other 3 Writs to all the Sheriffs in England by which he Commanded them to Read the Charters and publish them four times in the year on the first County days after Easter St. John Baptist Michaelmass and Christmass and as much as in them was to see them firmly holden and kept in all their Articles Witness the King at Westminster March 28. in the 28th of his Reign Within less then three weeks after he also directed 4 Ib. M. 7. Dors The Reason why the King granted the Statute called Articles upon the Charters Writs to all the Sheriffs in England to let them know That the People might be more ready for his Service and willing to assist him with Subsidies upon Occasion he had upon special Grace and Favour Granted the Articles upon the Charters so much to their advantage and Commanded them to proclaim them in the County Court and all Burghs and Mercate Towns within their Counties or Bayliwicks and to cause them to be firmly observed and performed Witness the King at St. Albans the 15th of April in the 28th of his Reign And a fortnight before he had directed his 5 Ib. M. 8. Dors He appoints Commissioners to make Perambulations of the Forests Writs to several Commissioners in all Counties where there were Forests to make Perambulations and to receive Instructions about them on the Morrow of the Feast of Ascention with a Charge that thro' their neglect they might not remain undone Witness the King at Westminster April 1. in the 28th of his Reign Yet all these Writs and Commissions satisfied not the Earls The Earls and Barons not satisfied with these things Barons and others they still murmured and pretended that the Perambulations would not be really made or speedily performed Whereupon as Walsingham saith 6 Fol. 80. n. 10 20. He calls a Parlement at Stanford The Earls and Barons came with Horse and Arms. The King grants their Demands the King held a Parlement at Stanford to which the Earls and Barons came with Force with intention as 't was said to extort the full Execution of the Charter of the Forest then delayed Ad quod Parliamentum convenerunt Comites Barones eum equis armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum To whose Will the King condescended eorum voluntati in omnibus Rex condescendit and granted what they demanded At this time he sent the Statute of 7 Claus 28 Ed. I. M. 7. Dors The Statute of Winchester to be proclaimed c. Winchester inclosed to all the Sheriffs in England as it had been Confirmed and Renewed See Articles upon the Charters Cap. 17th to be Proclaimed and with Command they should see it firmly Observed and Kept in all and singular its Articles Witness the King at Stanford May the Second in the 28th of his Reign Then Eight Days after 8 Pat. 28 Ed. I. M. 14. The Commission to three Knights c. renewed at the Request of the Prelates Earls and Barons the King being at St. Edmunds-Bury at the Request of the Prelates Earls Barons and others to Quiet tho' perhaps not Please or Satisfie them he renewed his Commission to three Knights and others Elected in each County to see the Articles of the Great Charter the Charter of the Forest and Statute of Winchester observed and to punish all Offences against them not punishable by the Common Law of the Realm And this by speedy Justice and quick Proceedings upon Complaints from Day to Day without allowance of such Delays as the Common Law admitted Yet with a Saving to the Common Law that it might not hereby receive Prejudice or any Plea to be holden by these Commissions that might be Determined by it Witness the King at St. Edmunds-Bury May 10. in the 28th of his Reign There are two Writs upon the same Roll and Membrane dated The Sheriffs to assist these Commissioners And to Swear them faithfully to Execute their Office on the same Day and at the same Place to the Sheriffs of every County to be Assistant to these Commissioners so often as they should give them Notice and to impower them to Swear the Commissioners in full County well and faithfully to Execute their Office For the Receiving of the Returns of the Perambulations of the A Parlement called for the receiving the Returns of the Perambulations of the Forest Forests and Hearing and Determining all just Exceptions against them the King Summoned a Parlement to meet at Lincoln eight Days after St. Hilary or 20th of January 9 Claus 25. E. I. M. 9. Dors To meet at Lincoln Eight days after St. Hilary The Writ to the Sheriff of Cumberland containing That whereas of late for the comcommon Profit of the People of the Kingdom he had granted that the Charter of the Forest should be observed in all its Articles and had assigned Commissioners in every County of England where there were Forests to make Perambulations and to make Report to him before any
Concerning First Fruits of vacant Benefices reserved to the Pope a thing never heard of before concerning the Collection whereof he had lately put forth hard Interpretations much prejudicial to the King Kingdom and whole English Church Fourthly About the Peter-Pence that they were not taken according to the first Grant but exacted to Treble the value Fifthly Concerning Legacies given to Pious Uses they were wickedly demanded and exacted by Authority of the Apostolick See and converted to other Uses than the Testator or Donor intended Sixthly Concerning Debts the Creditors went to the Pope's Clerk and offered them half the Debt more or less to get the rest who presently caused the Debtors to be Summoned and Distreined to answer before them in open Disheritance of the King and his Crown Seventhly Concerning indistinct Legacies such as were given in general and not in particular Words approved by the Canon and Civil Law the Pope's Clerks impiously appropriated to themselves Clerici Domini Papae impie sibi appropriare nituntur c. and to convert them to Uses contrary to the Design of the Dead There are Two Copies of these Petitions one in 7 Riley's Placita Parl. f. 376. French the most full and large The other in 8 Ib. f. 379. The Mischiefs of Money sent out of the Kingdom Latin which concludes thus That all these things tended to draw the Money out of the Kingdom the manifest Stripping of the Church the Enriching of Strangers and Impoverishing the Natives unless 9 Append. n. 40. God would arise and dissipate his Enemies so as by the Secular Prince and his Council with the Consent of the Noble and Great Men so great Wickedness might be repressed Upon which Articles of Oppressions Grievances Extortions and William Testa the Pope's Agent Injuries William Testa was 1 called into full Parlement and Convicted nor could he any ways Excuse himself but by saying he did these things by Authority of the Pope And because these 9 Ibm. Practices if suffered manifestly tended to the diminution of Divine Convicted in Parlement of great Crimes against the Crown and Church Worship the Robbing of the English Church the prejudice hurt and Disheriton of the Crown Power Jurisdiction and Dignity Royal of England the destruction of the whole Community and perpetual Subversion of the State of the Kingdom the Laws and Customs of the same from whence greater Dangers in process of time might ensue At length having considered these Mischiefs by Assent of the King and whole Council of Parlement 2 Ibm. Oppressions Grievances and Extortion from and by the Pope prohibited And William Testa ordered to revoke what he had done it was Provided Agreed Ordained and Judged That the Premised Grievances Oppressions Injuries and Extortions ought not to be permitted in the Kingdom and Lands aforesaid And Master William was in the same Parlement forbidden to do any thing contrary to this Provision Agreement and Judgment by himself or any other whatsoever And he was injoined to revoke and make void whatever had been done by him his Commissaries Ministers Vicegerents Adherents and Assistants and safely to keep within the Kingdom the Money Levied upon this Account until the King by Advice of the Council aforesaid should otherwise direct And for the greater 3 Ibm. The Clergy and Laity write to the Pope complaining of his Oppressions and Extortions Evidence of the Matter it was ordained and agreed by the King and Council aforesaid That Experienced Messengers should be sent to the Pope from the King and whole Community to Notifie and Expound to him these Grievances Oppressions Extortions and Injuries And a Letter was drawn up accordingly on the Name and Behalf of the Clergy and Laity full of Sharpeness and Reflection upon the Pope his Ministers and Nuncio's 4 Riley ut supra f. 355. l. 3. of the Letter Nos Clerus Populus dicti Regni c. with this 5 Ibm. Title in the Margin Litera a Regno Angliae ad Papam the Letter from the Kingdom of England to the Pope At the same time Writs were ordered to be directed 6 Ibm. f. 382. 383. to all the Sheriffs of England to Enquire by the Oaths of Lawful Men of the County after the Names of the Ministers and Commissaries of William Testa who had committed these Grievances Extortions c. William Testa's Officers Questioned And the Names of such as had caused any one to be cited before himself or Commissaries c. And to attack them by their Bodies so as they might appear before the King eight Days after Holy Trinity where ever he was in England to answer to him or any others that would complain and to do and receive what the King's Court the Court of Kings-Bench now which then was always 35 Ed. 1. with the King should adjudge and ordain Witness the King at Carlisle March 22d in the 35th of his Reign The Prince of 7 Ibm. f 382. The Prince of Wales ordered to do Justice Wales Guardian of Scotland and Justice of Ireland had also command to see this Provision Agreement Ordinance and Judgment inviolably observed in those Lands or Countreys But after the 8 After the Recess of the Parlement the King gives William Testa c. Protection to go thro' the Recess of the Parlement the King at the Request of the Bishop of Sabin and Cardinal who came from the Pope into England for the Consummation of the Peace with France and the Marriage of the Prince of Wales with that King's Daughter and was then at Carlisle commanded the Chancellor not to Seal their Writs to the Sheriffs c. 9 Ibm. f. 383. Pat. 35 Ed. 1. M. 10. intus Kingdom to Dispatch the Pope's Business And for the Reverence he had to the Apostolic See and Affection he bore to Pope Clement gave William Testa and Peter Amalmeni the Pope's Clercs and Nuncio's their Commissaries and Ministers a Protection to go through the whole Kingdom for the Dispatch of the Business of the Church of Rome Witness the King at Carlisle April the 4th in the 35th of his Reign He also 1 Append. N. 41. granted to them in as much as he might or could Quantum in nobis est to Collect or Keep to the Vse of the Pope the Fruits of the first Year of all Vacant Ecclesiastic Benefices with And gave him Liberty to take the first Fruits of Vacant Benefices to the use of the Pope Cure and without Cure in the Kingdom for three years reserved by the Pope to himself Non obstantibus quibuscunque prohibitionibus in Parliamento nostro inde factis Notwithstanding the Prohibitions made in Parlement so as they meddle not with the Revenues of Abbies or Priories nor carried the Money out of the Kingdom but by way of Exchange Dated the same Day at Carlisle And further he gave them a 2 Pat. 35 E. 1. M. 19. intus Riley
Tenent of the Land to be adjudged to Prison a year and day for Cheating the King and Court and if the Deceit be found in a Plea of Debt or Trespass upon Attaint the Defendant shall be punished to the King and pay Damages to the Plaintiff 38. Also it was Ordained the great Charter of Franchises and the Charter of the Forest of King Henry the Son of King John should be holden in all Points and if there were any Points doubtful in them they were to be declared next Parlement after this by the Baronage Justices and other Sages of the Law and this was to be done after this manner because it was not in their power for want of time 39. That the Chancellor Treasurer Chief Justices of one Bench and the other Chancellor of the Exchequer Treasurer of the Wardrobe Steward of the Houshold all Justices Sheriffs Escheators Constables Inquirers into any Matter whatsoever it was and all other Bayliffs or Officers of the King should be Sworn when they received their Offices to keep and observe all the Ordinances made by the Prelates Earls and Barons chosen and assigned for that purpose and every one of them without doing any thing to the contrary 40. Also it was Ordained That in every Parlement there should be assigned One Bishop Two Earls and Two Barons to hear and determine all the Complaints of those that would impeach the King's Ministers whosoever they were for doing any thing contrary to these Ordinances and if all the Parties assigned could not attend to hear and determine these Plaints then Three or Two of them might and punish such as should be found to have acted contrary to these Ordinances to the King and to the Complainants according to their Discretions 41. Also they Ordained That the Ordinances abovesaid should be maintained and kept in all their Points and that the King should cause them to be put under his great Seal and sent into every County of England to be published and firmly observed as well within Franchises as without and in like manner the Warden of the Cinque-Ports should be sent to that he should publish them to be kept through his whole Jurisdiction Then follows the King's Confirmation WE these same Ordinances shewed to us and published on Monday The Ordinances confirmed by the King next before the Feast of St. Michael last past do Agree unto Accept Confirm Will and Grant for us and our Heirs That all the said Ordinances and every one of them made according to the Form of our Letters Patents shall be published and hereafter firmly observed and kept In Witness whereof we have caused to be made these our Letters Patents Given at London the 5th day of October in the 5th year of our Reign In the Parlement Roll 't is not entered or any mention made of the Protestation the King made when he confirmed these Ordinances 6 Pat. 6 Ed. II. part a. M. 20. intus Ril Plac. Parl. f. 541. That is to say That if they contained any thing to his Damage or Prejudice or contrary to the Commission granted to the Ordainers Eapro non concessis non confirmatis haberentur those things were not granted or confirmed reserving The King's Protestation that if the Ordinances contained any thing to his damage it should be void to himself in that Protestation Power by good Advice of the Ordainers and others to correct and amend the same as was more fully contained in a Publick Instrument made of this Protestation The Summons to this Parlement wherein these Ordinances were confirmed were Dated at 7 Cl. 4 Ed II. M. 1. Dors A Parlement summoned to confirm these Ordinances Berwick upon Twede the 16th day of June in the 4th of Ed. II. for it to meet the Sunday before St. Laurence or the 10th of August which was in the 5th year of his Reign at London In the mean time there 8 Cl. 5 Ed. II. M. 31. Dors A Quarrel between two Barons happened divers Debates and a Quarrel between Two Barons Nich. de Segrave and William Marshall who took Arms on both sides and engaged their Friends and Confederates so to do intending to come to this Parliament with a Multitude of Armed Men 9 Ibm. They intend to come to the Parlement with a number of Armed Men on either side The King forbids them The King taking notice it would be in Contempt of him the Hindering of the Dispatch of Business to the Terror of the People and Disturbance of the Peace sent his Prohibition to them Commanding them upon their Faith and Homage and forfeiture of their Lands and Tenements and all they could forfeit they should not come to the Parlement so Armed or in any other manner than they and others use to come in the time of his Father Witness the King at Berwick upon Twede July 20th After the Articles had been confirmed several of the Prelates Earls and Barons thought it had been a long Session and made it their 1 Cl. 5 Ed II. M. 25. Dors The Continuation or Prorogation of this Parlement Request to the King they might retire into their own Countries by whose Advice or Assent he continued the Parlement unto the Friday next after the Feast of All-Saints at Westminster Parliamentum illud usque in diem Veneris proximum post festum omnium sanctorum celebrandum duximus continuandum and gave Leave to some of the Prelates Earls and Barons in the mean time to go home Et quibusdam de Praelatis Comitibus Baronibus licentiam concessimus se interim ad propria divertendi commanding 2 Ibm. them to be at the time and place aforesaid and further commanding the Arch-Bishop of Canterbury That he should give notice to the Deans and Priors of 3 Ibm. Cathedral Churches also the Abbots and Arch-Deacons in their own Persons and the Clergy of the whole Province by their Proctors to be in that Parlement 8 days after St. Martin Witness the King at London the 8th day of October But this short time as he thought for the Summons of his Clergy 4 Ibm. pleased not the Arch-Bishop and therefore the King if there might be any Words in that Writ 5 Ibm. prejudicial to him and his Church promised they should be amended in Parlement and gave him Leave to Direct his Clergy to be at the Parlement Fifteen days or Three weeks after St. Martin according to his Discretion Witness the King at Eltham the 24th day of October The Arch-Bishop without doubt took the longest time and accordingly others of the Prelates Earls and Barons delayed their coming until the Clergy should meet unless there were a further continuance of the Parlement which I find not for on the 28th of November the King issued his 6 Cl. 5 Ed. II. M. 22. Dors The great Earls intended to come to Parlement with Horse and Arms. The King Commands them not to come in such manner Writs to Gilbert of
coming and that those that stayed beyond that Feast might be Outlawed and the Abbies and Priories which they possessed might be seized into the King's Hand and Englishmen placed in them according to the Advice of the Ordinary of the Place For that the young English Scholars who had and then did neglect their Studies and those that should be the Teachers of their Faith and would undertake it if they had any hopes to be incouraged And that the good Priories were in the Hands of Strangers who carried the Revenues beyond Sea so that for this reason their Faith was like to come to nothing That the strange Monks were only Laymen and the King their Patron The 7 Ib. Ro. Answer That the Religious Aliens were Spiritual Persons and in their Houses by Institution which thing could not be Tried in Parlement quele chose ne poet Estre trie en Parlement And as to their Lands and Benefices they were in the King's Hands and he received the Profits of them but as to Outing of them it could not be done without Consulting the King It was also Prayed 8 Ib. n. 32. That Strangers Enemies in England who should remain there after St. Michael and should be Outlawed Command might be given to seize their Possessions and Goods to the King's Use and he to cause Englishmen to inform the Parishioners and support the Chanteries for that those that were advanced in England were Taylors Shoemakers and Chamberlains to Cardinals sont Taillours Suours Chamberleyns as Cardinalx so that the Parishioners were not informed by them and their Faith decreased daily The 9 Ib. Ro. Answer was near the same with the other That they were Spiritual Persons and the King had taken the Profits as abovesaid and as to Outing them of their Benefices it could not be done without the King's Assent Notwithstanding these Proceedings in Parlement against the Pope's Bulls his Provisions and Reservations and the Proclamations and Inhibitions thereupon the same Course was continued for in the 25th of his Reign 1 Rot. Parl. 25 Ed. III. Part 1. n. 13. the Commons in a long Petition to the King and Peers of the Land Item prie sa dite Comunes a nostre dit Seigneur le Roy a les Pieres de la terre veer regarder un tres Grand Mischief c. pray them to take notice of the great Mischief and Destruction of late coming upon the Kingdom by the Pope's Reservations by Brocage and purchasing his Provisions and many of the former Grievances complained of which turned to a greater Ruine of the Nation then the whole War and Request the King would please with his Council to ordain Remedy in that Parlement for that the longer these things were suffered there would be the greater difficulty in Reforming them and it was then 2 Ibm. Agreed the Answer to this Petition should be made a Statute for which see Statutes at Large and Pulton in this year And in a Second Parlement the same year the Commons 3 Ib. Part 2. â— 43. pray this Statute concerning Provisions and Reservations might be published and put in Execution against such as acted to the contrary The Answer 4 Ibm. was That the Statute should be recited before the Council and if need were it should be better worded and amended so as the Estate of the King and Kingdom might in all things be safe and preserved In the 27th of the King 5 Statute aâ— Large 27 E. III. c. â— upon the grievous Complaint of the Great Men and Commons That divers of the King's People had been drawn out of the Kingdom to answer things the Cognisance whereof belonged to the King's Court And that the Judgments given in the same Court were impeached in another Court in prejudice and disherison of the King and his Crown and all the People of the Realm in destruction and undoing of the Common Law It was accorded and assented by the King Great Men and Commons That any of the King's Ligeance who should practice such things and upon warning given him to appear before the King and Council or before his Justices at the time appointed to undergo the Law and did not should be put out of the King's Protection and his Lands Goods and Chattels forfeit to the King his Body to be Imprisoned and Ransomed at the King 's Will. During this Contest between the King and Pope or Secular and Ecclesiastick Power then so termed the King was very kind to the Clergie in confirming their old and granting them many new Liberties and Priviledges as appears by the Statutes made for the Clergy in Print in the Statutes at Large in the 14th 18th and 25th of his Reign From this time all things were pretty quiet no considerable things complained of in Parlement against the Pope and his Provisions until the 47th of his Reign when the Commons 6 Rot. Parl. 47 E. III. n. 30. Request Remedy against them for that by reason thereof he received the First Fruits of Ecclesiastical Dignities and by that Means the Treasure of the Realm was conveyed away which they could not bear The Answer was 7 Ib. Ro. The King had Embassadors at the Court of Rome concerning these Matters before whose Return he could not give them Satisfaction In the Fiftieth year of his Reign 8 Append. n. 100. the Knights Citizens and Burgesses which came to this Parlement for the Commonalty of the Realm do pray the King and his Council and supplicate on behalf of the Commonalty That he would please to have good Consideration to the Things underwritten and Faults following and Ordain convenient Remedy which will be the most pleasing to God and kind to Holy Church the most profitable to him and his Kingdom that ever was done it being their holy Faith and firm Hope that those who please God and holy Church shall be accepted in whatever they do First That he would please to think and re-think how his Noble Progenitors Kings of England and other Great Men of the same Land autres Grands de mesme la terre built Churches and in process of time by great Devotion endowed them with Riches Rents Lands and great Possessions Franchises and Temporalities which with what the King himself had given amounted to more then the Third part of his Kingdom and think how all these things were given upon such Devotion and Intent that the Profits rising from them should be spent upon the Places where they were given to the Honour of God and Maintenance of the Places belonging to them in Hospitality and Alms and divers Works of Charity in the Service of God and Holy Church in Chaplains Clerks and Poor that Prayed Night and Day for their Holy Father the Pope for Holy Church for the King and Kingdom for Peace for their Founders Patrons and Benefactors for their Souls and all Christian Souls And think how the Kings and other Great Men autre
King grants the first And will forbid the second with him or in the Kingdom to uphold any Quarrel or Suit by Maintenance 5 See Stat. at Large first of Rich. II. cap. 4. under pain of loosing their Offices and Services and to be Imprisoned and Ransomed at the King's Pleasure The Commons also 6 Rot. Parl. 1 Ric. II. n. 50. The Commons pray all great Officers of the Court and Kingdom may be appointed in Parlement during the King's Minority pray That during the King's Minority the Chancellor High Treasurer Chief Justices of one Bench and the other the Chief Baron of the Exchequer the Steward and Treasurer of the Houshold the Chief Chamberlain and Clerk of the Privy Seal the Wardens of the Forrests of this side Trent and beyond might be made and provided by Parlement and if it should happen that any of these Ministers or Officers should be laid aside between one Parlement and another That then another be put in his place by his great Council until next Parlement It was agreed That 7 Ib. Ro. It was agreed that some of those Officers should be chosen by the Lords in Parlement while the King was under Age that the Counsellors Chancellor Steward of the Houshold and Chamberlain should be chosen by the Lords in Parlement soient esluz par les Seigneurs en Parlement saving always the Estate and Heritage of the Earl of Oxford to the said Office of Chamberlain and as to the other Officers abovenamed the King should make them by the assent of his Council The Commons of the Kingdom shew to the King and Council of Parlement That in many parts of the Kingdom of England 8 Ib. n. 88. The Commons complain of the Practices of the Villanes A nostre Seigneur le Roi a Conceil du Parlement monstrent la Comune du Roialme qen plusours parties du Roialm d'Engleterre c. the Villanes and Land Tenents in Villenage as well of Holy Church as Lay Lords which owed Services and Customs to their Lords had withdrawn them of late and did daily withdraw them by procurement of certain Advisers Maintainers and Abettors in the Country who received Money of them by colour of Exemplifications purchased in the King's Court out of Domesday Book of the Mannors and Towns where they dwelt by vertue whereof and the ill Interpretations of them they said they were quit and discharged of all manner of servage as well of their Bodies as Tenures and would not suffer any Distress to be taken or Justice done upon them threatning their Lords Servants to Kill or Maim them and gathered themselves together in great Routs and agreed by Confederacy to aid one another by force to resist their Lords Therefore to prevent the Mischiefs which might insue 9 Ibm. and to avoid the like Danger that lately happened in France by such Rebellion and Confederacy of the Villanes against their Lords they prayed due Remedy The Answer was 1 Ib. Ro. The Answer to the Complaint of the Commons That as to the Exemplifications Grants and what had been done in Chancery it was declared in Parlement that they could not nor ought not to be of any value or hold place as to the freedom of their Bodies nor change the condition of their Tenure and Customs anciently due nor do prejudice to their Lords concerning them who if they would might have Letters Patents of this Declaration under the Broad Seal and also the Lords that found themselves grieved might have special Commissions to Justices of Peace and others to enquire of all such Rebels and their Offences and their Counsellers Advisers and Abettors and to imprison all those that shall be brought before them without Bail Mainprise or otherwise until they were prosecuted and acquit c. See Statutes at large 1 Rich. II. which agrees with the Parlement-Roll in many things though not in all The Commons pray further 2 Ibm. n. 95. That a Parlement may be holden The Commons Petition for a Parlement in a convenient Place once a Year to redress Delays in Suits and to end such Cases wherein the Judges were of different Opinions They had this Answer 3 Ibm. Ro. The Answer to that Petition The Statutes therefore made shall be observed and kept and as to the Place where the Parlement shall be holden the King will do his Pleasure The Citizens of London demanded 4 Ibm. n. 131. The Citizens of London demand they may have their own Interpretation of their Charters That upon the King 's special Grace for the Enlargement of the Franchise of their City that if any Article in the Charters granted by him or his Progenitors to the said Citizens should prove difficult or doubtful and might be taken in divers Senses then that the Sense they claimed to have it in might be allowed This was the 5 Ibm. Ro. The Interpretation of Charters belongs to the King c. Rencounters between the English and French c. Answer That the Interpretation of the King's Charters belonged to him and if any Doubt arose the King by Advice of his Council would make such Interpretation as should be according to Reason and Good Faith bone Foy. Several 6 Walf A. D. 1377 1378. 1 2 Râ—â— II. Rencounters Burning and Plundering each others Towns on the Coasts and some in the Countries taking and surprizing of some small Towns and Castles happened between the English and French at this time The Town of 7 Ibm. The Town of Ard betrayed Ard was betrayed to the French Sir Thomas de Hilton Governour of Aquitan marched with a few English against a Body of French was overcome by them and taken Prisoner with many Noblemen of that Country of the English Party About the same time the English having notice that there were many Spanish Ships in the Harbour of Sluse in Flanders set out a great Fleet to surprize them under the Command of Thomas of Woodstock Earl of Buckingham the Duke of Britan who was then in England and others which by Storm was scattered at Sea but after the Storm came together again upon 8 Spanish Ships taken and 22 of other Nations the Coast of England where they suddenly refitted and put to Sea again and took Eight Spanish Ships near Brest and Twenty two others of several Nations laden with French Goods Hugh Caverly Governour of Calais burnt Twenty six French 26 French Ships burnt Ships in the Haven of Bologne burnt the Low Town and returned with much Plunder of Goods and Cattel The Men of Rye and Winchelsy sailed toward Normandy landed The Men of Rye and Winchelsy land in Normandy kill and burn c. in a small Town and Port where they killed all they met in the Streets except such as they thought able to redeem themselves by Money those they carried Prisoners to their Ships and then burning the Town and Country returned home with a rich
and Traitors by their false Imaginations Deceits and Accroachments abovesaid Which Securities and Oaths were against the Good Laws and Usages of the Land and against the Oath of the King to the great Ruin and Dishonour of the King and Kingdom XX. Also by force of such Bonds and Oaths all the Realm was put into great Trouble by the said Evil-doers and Traitors and in peril to have suffered many importable Mischiefs XXI Also to bring about their Traiterous Purposes the said Five caused the King to go into several Parts of the Kingdom for some long times whereby the Lords assigned by the said Ordinance Statute and Commission could not Advise with him about the Business of the Kingdom so as the Purport and Effect of the Ordinance Statute and Commission were Defeated to the great Ruin of the King and Kingdom XXII Also the said Robert de Vere Duke of Ireland by the Counsel and Abet of the other Four Traitors accroaching to himself Royal Power without the King's Commission or other sufficient usual Warrant made himself Justice of Chester and by himself and Deputies held all manner of Pleas as well Common as of the Crown and gave Judgments upon them and made Execution thereof and also caused many Original and Judicial Writs to be sealed with the Great Seal used in those Parts And also by such Accroachment of Royal Power he caused to rise with him a great Part of the People of that Country some by Threats others by Imprisonments of their Bodies some by seizing of their Lands others by many Dishonest Ways by colour of the said Office and all this to make War upon and destroy the Lords and other the King 's Loyal Lieges in undoing the King and whole Realm XXIII Also the said Traitors Robert de Vere c. Alexander c. Michael c. by the Counsel and Abet of Robert Tresilian and Nicholas Brembre incroaching to themselves Royal Power caused to be delivered John de Blois Heir of Britan who was Prisoner and Security to the King and Kingdom without Assent of Parlement and the King 's Great Council and without Warrant to the great Strengthening of the Adversary of France the great Ruin of the King and Realm and against the Statutes and Ordinances aforesaid made in the last Parlement XXIV Also the said Five Traytors caused the King to have a great Retinue of late of divers People to whom he gave Badges which was not done in ancient time by any Kings his Progenitors that he might have Power to perform their false Treason aforesaid XXV Also the aforesaid Five Misdoers and Traytors in full accomplishment of all their Treasons aforesaid and to make the King give Credit to them and their Counsel and hold them more Loyal and greater Sages then others of his Kingdom and the more to colour their false Treasons they caused the King to make come before him in several Places of the Kingdom divers Justices and Lawyers Robert Tresilian Robert Belknap John Cary John Holt Roger Fulthorp William Burgh his Justices and John de Loketon Serjeant at Law and with them John Blake Referendary and others which Justices Serjeant and John Blake being asked in the presence of the King by the Misdoers Whether the foresaid Ordinance Statute and Commission were made in Derogation of his Royalty and Prerogative or not and divers other Questions To which they answered in manner following Be it Remembred That on the Twenty first day of August in the Eleventh year of King Richard the Second at the Castle of Nottingham before the King Robert Tresilian Chief Justice and Robert Belknap Chief Justice of the common-Common-Pleas John Holt Roger Fulthorp and William Burgh Knights Justices Associate of Robert Belknap and John Lokeson the King's Serjeant at Law in the presence of the Lords and other Witnesses underwritten personally there being were required by the King upon their Faith and Allegiance to answer faithfully to certain Questions and speak the Law concerning them according to their Discretion First It was demanded Whether the new Statute Ordinance and Commission made in the last Parlement at Westminster The Opinion of Judges c. concerning the Statute and Commission did derogate to or from the King's Royalty and Prerogative They unanimously answer It did especially for that they were contrary to the King 's Will. 2. Also it was demanded How those were to be punished that procured the Statute Ordinance and Commission to be made They unanimously answer With Death unless the King would shew them favour 3. Also it was demanded How they were to be punished that Excited the King to Consent to the making of that Statute Ordinance and Commission They unanimously answer as to the last Question 4. Also they were demanded How they were to be punished that forced or straitned the King qui compiderunt sive Arctarunt Regem to consent to the making of the Statute Ordinance and Commission They unanimously answer They were deservedly to be punished as Traytors Likewise they were demanded How they were to be punished who hindred the King from Exercising those things which belonged to his Prerogative and Royalty They also unanimously answer They were to be punished as Traytors 5. Also it was demanded Whether after the Parlement was met and the Business of the Kingdom and the Cause of the Meeting of the Parlement by the King's Command declared and certain Articles appointed by the King upon which the Lords and Commons ought to proceed if the Lords and Commons would proceed upon other Articles and not upon the Articles limited by the King until they had the King's Answer to their own Articles notwithstanding the King had injoined them to the contrary Then Whether the King ought to have the Government of the Parlement and indeed to govern effectually so as upon the Articles limited by the King they ought first to proceed Or Whether the Lords and Commons ought first to have Answer from the King to their own Articles before there were further Proceedings Nunquid Rex debeat habere in ea parte Regimen Parliamenti de facto Regere effectum quod super Articulis limitatis per Regem primo debeant procedere vel an Domini Comunes primo debeant habere Responsum a Rege super Articulis per eosdem expressis antequam ulterius procedatur They unanimously answer That in such Case the King should have the Government and so in order in all other Articles touching the Parlement to the end of the same and if any one acted contrary to this Government of the King he was to be punished as a Traytor 6. Also it was demanded Whether the King when he pleased might not Dissolve the Parlement and Command his Lords and Commons to depart from thence They unanimously answer He might and if any one afterward proceeded as in Parlement against the King's Will he was to be punished as a Traytor 7. Also it was demanded Whether when the King pleased to Remove
of his Baronage in Parlement until his Debts were paid and his Estate advanced they should be null and the Procurer punished in Parlement by award of the Baronage 8. For that it had been at other times Ordained That the Customs Issues and Profits of the Crown should be received by the People of the Realm and not by Strangers and paid into the Exchequer for the Maintenance of the King's Houshold c. and it had not been done as Ordained therefore it was Ordained again it should be so 9. And for that the King ought not to undertake to make War against any one or go out of the Realm without the common Assent of his Baronage for many Dangers that might happen to him and his Realm it was Ordained That afterwards the King should not go out of his Kingdom or make War against any without the common Assent of his Baronage and if he should do otherwise and cause his Service to be summoned the Summons should be null and void And if it should happen the King should make War against any or go out of the Kingdom by Assent of his said Baronage and that it should be necessary to appoint a Guardian of the Realm he ought to be appointed by common Assent of his Baronage in Parlement 10. That there be no Prises or Takings for the King but such as are due of ancient Right that none under colour of Purveyance take to the use of the King or other any Corn Goods or Merchandise of any one against his Will or with his Will according to * Cap. 19. Magna Charta without paying the true Value for it under pain of being pursued by Hue-and-cry and if taken committed to the next Gaol and undergoing the Common Law as a Thief and Robber 11. That no new Customs or Maletolts levied sinee the Coronation of Edward I. or Inhancement of the old be taken of Merchants notwithstanding the Charter made by him to the Merchant Strangers against the Great Charter the Franchises of the City of London and without the Assent of the Baronage c. 12. To the Honour of God and of Holy Church it was Ordained against such as should maliciously procure Prohibitions and Aâ—eachments against the Ordinaries of Holy Church in case of Correction of Sin and other things purely Spiritual which belonged not to the Lay Court That the Justices should award Damages to the Ordinaries and if the Plaintiffs had not wherewith to pay them they should be committed to Prison so long as the Grievance miliciously procured should require saving the Estate of the Kingand Crown and other Right 13. That because the King had been Guided and Counselled by Evil Counsellors therefore it was Ordained all Evil Counsellors should be removed from the King that neither they nor any such should be near him or hold any Office under him and that other fit Persons should be put in their Places and in like manner it should be done to his Menial Servants and the Officers of his Houshold 14. For that many Evils happened by such Cousellors and Ministers it was Ordained That the King should make the Chancellor Chief Justice of one Bench and the other Treasurer Chancellor and Chief Baron of the Exchequer Steward of his Houshold Guardian of the Wardrobe Comptroler and a sit Clerk to keep the Privy Seal the Justices of the Forest on this side and beyond Trent the Escheators on this side and beyond Trent and the Chief Clerk of the Common Bench â—y 〈…〉 be Advice of vs Baronage in Parliament and if it should happen and be necessary to chuse any such Officers when there was no Parliament then the King should do it by the Advice he had about him until there should be a Parlement And so it should be for the future concerning such Ministers when need required 15. That all Governours of Ports and Castles upon the Sea be placed and made according to the Form abovesaid 16. And for that the Nations of Gascoigne Ireland and Scotland were in danger to be lost for want of Good Ministers it was ordained That Good and Sufficient Officers should be placed there according to the Form of the 2d Article next above that is the 14th 17. That Sheriffs be from thenceforth made by the Chancellor and Treasurer and such of the Council as shall be present and if the Chancellor be not present then by the Treasurer Barons of the Exchequer and Justices of the King's Bench that such should be chosen only as had Lands to answer the King and People for their Doings and no others to have Commissions under the Great Seal 18. That the Guardians and Officers of Forests receive just Trials for their Grieving the People Oppressions and Misdemeanours and be removed from their Offices notwithstanding they have Grants for their Lives 19. Directs the manner of Trial of Trespasses of Vert and Venison c. in the Forests according to the Charter of the Forest and Declaration of King Edward I. which is there recited 20. For that by the Examination of Prelates Earls Barons Knights and other Good People of the Realm it was found that Peirs de Gaveston had evilly Counselled the King and had inticed him to do ill in divers manners That he cheated the King of his Treasure and sent it beyond Sea That he accroached to himself Royal Power and Dignity in making Alliances with People upon Oath to live and die with him against all Men That he put from the King Good Officers and placed about him those of his Covin and Party as well Strangers as others That he estranged the King's Heart from his Liege People so as he despised their Counsels That he caused the King to grant Lands Tenements and Offices to himself and his Heirs and divers other People to the great Damage and Injury of the King and his Crown That he caused Blank Charters to be sealed with the Great Seal in deceit and disinheritance of the King and Crown That he maintained Robbers and Murderers causing the King to pardon them That King Edward the Father of the present King ordered him to forswear the Realm of England and directed that his Son the present King should for ever forswear his Company and for several other Reasons as the Nourishing of Concord between the King and his People and the Eschewing of many Perils and Discords it was Ordained the said Peirs should for ever be exiled out of England Scotland Wales and Ireland and all the King's Dominions either on this side or beyond the Sea between that time and the Feast of All-Saints next following having Dover assigned him for his Port to pass from and no other and if he should be found in England or any other part of the King's Dominions beyond that Day then he should be treated as an Enemy to the King Kingdom and People 21. That * This Emeric and those of his Company were a Society of Merchants by the name of the Society of
of greater Force than at that time had ever been heard of que cea en arere ad este oi to invade England destroy the Nation the King and his Subjects as it manifestly appeared by what he had shewn and did show every day The other cause was to know how and in what manner the Peace of the Land might be best kept and then the Commons were commanded to treat together and take good Advice how the Malice of the King's Adversary might be resisted and for the Safety of himself and Kingdom how he might be Aided to his greatest Profit and the least Charge to his People The Commons having advised together gave the Answer following To their most Honourable and most redoubted Liege Lord his poor Commons 3 Ibm. n. 4. shew A lour tres Honurable tres Redoutez Seigneur Liege monstre sa pour Comune That at his last Parlement he sent the Noble Earls of Lancaster and Northampton autres Grantz and other Great Men to tell them That he intended not to take any thing of or charge them which they had published to the whole Land for which they had also thanked him according to their Knowledge as much as they could and prayed for him Night and Day prient pur lui nuyt jour and yet at this present Parlement upon News now come pur noveles que sont venuz he demanded a The Commons Grievances and Complaints very great Charge of his poor Commons un trop grant Charge da sa povre Comune They desire his Nobleness and most High Lordship he would please to understand the Mischiefs and Burthens of the Commons That is to say the reasonable Aid which had been pardoned in his 14th Year that is a Grant was made it should not be paid all his Reign to wit 40 s. upon every Knight's Fee to make his Eldest Son Knight whereas by Statute there was but 20 s. due upon every Fee Fifteenths of the Commons Tenths of Cities and Burghs Men at Arms Hobelors Archers taking of Victuals without paying for them Guarding the Sea and also the Subsidy of Wooll by reason whereof every Sack of Wooll that was the Treasure of the Land was sold for 40 s. less than its Value So as it would be a great Trouble to the Commons to bear any Charge Yet The Conditions of the Grant of an Aid nevertheless so as the Aid now to be granted might not be turned into Wooll neither by way of Loan or Value or in any other manner nor levied too hastily but in the Form it was to be granted and that the Eyres of Justices in the mean time might cease as well of the Forest as of Common Pleas and General Enquiry in the whole Land if this Aid should be levied That no Subsidy upon Wooll for the future may be granted by the Merchants That no Imposition Loan or other Tallage or Charge whatsoever shall be put upon them by the Privy Council without their Grant and Consent in Parlement That Two Prelates Two Lords and Two Justices might be assigned to hear and dispatch their Petitions which were not answered in the last Parlement and that their Petitions in this Parlement might also be answered according to Reason and the Answers to remain in force without being changed or altered That the Justices do enquire of False Money which destroys the People That David Bruys William Douglass and other Chieftains of Scotland may in no manner be released neither by Ransom nor upon their Faith That he would restore the 20000 Sacks of Wooll taken of the Commons by way of Loan That an Aid to Marry his Daughter might not be taken the mean time and That there might be no Marshalcy in England except that of the King or the Guardian of England when he was out of the Kingdom Vpon these Conditions and otherwise not sur cestes Conditions autrement nient and also that they may be entred in the Parlement-Roll as Matter of Record come chose de Record by which they might have Remedy if any thing should be done to the contrary in time to come The said poor Commonalty to their very great Mischief Grant to the King si grante la dite povre Communalte a lour trop grante Mischief a nostre Seigneur le Roy trois Quinzismes c. three Fifteenths to be levied in three Years to begin at Michaelmas next coming so as every Year one Fifteenth may be levied and no more at two Terms in the Year St. Michael and Easter by even Portions and that this Aid may be assigned and reserved only for the War and not to pay Debts And if the War should cease or a Truce be made then the Fifteenth of the last Year not to be levied That of these Conditions and the manner of this Grant Letters Patents shall be made and sent into all Counties without paying any thing for them wherein shall be made mention of the great Necessity the King was in after the last Parlement And in case the War should break out toward Scotland the Aid granted beyond Trent should be employed for the Defence of those Parts as it had been formerly About this time Lewis of Bavaria being dead several of the The Electors offer to chuse K. Edward Emperor of Germany Electors met at Colen from whence they sent Ambassadors to King Edward and offered to Elect him Emperor of Germany 4 Claus 22 Ed. III M. 20 Dors A. D. 1334. He refuseth their Offer in Return to which Offer he sent Sir Hugh Nevill and Ivo de Glinton Canon of St. Paul with his Refusal of that Dignity and great Thanks for the Honour they intended him The time of the Truce of Calais being near expiring 5 Rot. Fran. 22 Edw. III. M. 13. Several Truces continued and made the King upon the Pope's sending Commissioners either to prolong the Truce or Treat of a final Peace the former was agreed for six weeks Which Term being ended the Ambassadors on both sides met between Guines and Calais and agreed to another Truce to begin on the 13th of November and continue to the first of September 1349 Which Truce on the second of May that year 6 Rot. Fran. 23 Edw. III. M. 9 10. Dors was prorogued to the Feast of Pentecost 1350. The Articles were much the same with those of the Truce before Tournay A. D. 1340 and of that before Vannes A. D. 1343. This year says Walsingham was 7 F. 168. n. 10. Glorious in England for Peace Victories the Spoils of Caen Calais and other Towns and Cities in France as also for Garments Furs Gold and Silver Vessels and other rich Vtensils which were seen almost in every House and that then it was the English Dames began to pride themselves in the Apparel The English Women imitate the French in Apparel of the French Dames In a very short time after the Truce as above was concluded the Lord Geofrey Charny
Court of Kings-Bench in the time of his Grandfather Edward I. He also 2 Ibm. wrote to Robert de Wodehouse Arch-Deacon of Richmond That he had notice that he and some others were contriving by divers Processes to put the Cardinal in corporal Possession of the Treasury of York to the great Prejudice of his Crown and strictly prohibited him That he should do nothing to the impairing of his Right and if any thing had been done by himself or others by his procuring he should without delay revoke it And so behave himself in this matter as he might not have cause grievously to chastise him as a Violator of the Rights of his Royal Dignity After the same manner Directed his Writs to these under-written The Arch-Bishop of Canterbury The Bishop of Lincoln Manser Marmyon The Bishop of Worcester The Bishop of Salisbury The Prior of Lewis The Prior of Linton The Dean of the Church of Aukland Mr. Richard de Byntworth The Arch-Deacon of Lincoln Mr. Ischer de Concoret Mr. Guido de Calm In the 10th of his Reign the King 3 Append. n. 98. wrote to the Pope Benedict X. That his Progenitors had long since Founded and Endowed the Church of England and freely collated to the Cathedral Churches by their Royal Right That afterwards upon the Petition of the Clergy and for the Reverence and at the Request of the Pope that then was the King that then was Granted to the Chapiters of the Cathedral Churches Power of Chusing a Bishop when the See was void saving to him and his Successors the Prerogative That when the Church was void the Chapiter should let him know it and make their Request to have Licence to Chuse a Bishop and when he was Chosen to present him to the King for his Assent before he proceeded further in the Business of his Election And then after he had been Confirmed he was to request of the King the Temporalities belonging to the Bishoprick and do him Fealty for them And what was done against this Form was void That the Bishoprick of Norwich being vacant he had given the Prior and Chapiter leave to Chuse who presented their Elect to him but having a desire to be fully satisfied concerning something he had heard of him before he gave his Consent by the Advice of Wise Men he gave him a short Day to receive his Answer But he scornfully rejected this way of Proceeding and prosecuted the Business of his Election in the Court of Rome to his Reproach and in Contempt of his Royal Right the Depression of his Royal Prerogative and manifest Danger of Disheritance Wherefore he implored his Favour to take the Premisses into due Consideration and deny him Audience for the Confirmation of his Election until he had obtained his Assent according to the Form aforesaid which he was ready to grant without difficulty if there was no reasonable cause for which he ought not to do it Concluding That if he should not take notice of this Supplication of the Elect of Norwich to the Pope yet his Subjects would not suffer it The King supposing 4 Rot. Rom. 16 Ed. III. n. 2. his Sacred Palace who were such to whom the Pope referred the Hearing of Causes in his Palace though otherwise good Lawyers yet might be ignorant of the Laws and Customs of England wrote to them and gave them notice That all Causes about Right of Patronage whatsoever were pleaded determined and ended in his Court before his Justices and ought not to be discussed any where else Then That if any Man Married a Woman that was Patroness of any Church or Ecclesiastic Benefice and had Issue by her and she died before him upon any Vacancy he was to present during his Life and his Clerc was to be instituted by those unto whom it belonged And further That if any Tenents in Capite died possessed of Lands to which the Patronage of any Benefices were annexed that if there hapned any Vacancies after the Death of the Tenant while the Lands were in the King's hands it was his Right to present to them And therefore desired that if any of these Matters came before them they might be duly considered and nothing done in prejudice of his Court or the Laws of his Kingdom And in these 6 Stat. at large 14 Ed. III. Presentments as also of those made in the Vacancies of Arch-Bishopricks Bishopricks a Plenarty or that the Church was full was no more an Exception or Plea against the King than if they had been made in Right of his Crown until by the Statute for the 6 Ibm. Clergy made upon the Petition of the Arch-Bishops Bishops and Clergy in the 14th Year of his Reign Chap. 2. he granted it should be a Barr to him and his Heirs Before that the King had his Remedy against the Incumbent if he had not been duly presented For then Institution though upon a wrong Presentation against a common Person made a Plenarty but to make it against the King Induction or actual Possession of the Church was also required Yet before this Statute neither could be pleaded against him In the 17th Year of his Reign there was Complaint made in Parlement 7 Roâ— Parl. 17 Ed. III. n. 39. of Strangers holding so many Benefices in England That the Alms which wont to be were not performed That much of the Treasure of the Land was carried beyond Sea for the Maintenance of the King's Enemies the Secrets of the Nation discovered and by this means the Able and Loyal Clercs of the Nation the less advanced That of late there were many Cardinals made to Two whereof the Pope had granted by his Bulls Benefices in this Land to the value of Six thousand Marks Sur ce ore de novel plusours Cardinalx sont faitz dont le Pape par ses Bulles ad grantez as deux de eux Benefitz en ceste Terre a la Montance de vj. M. Marcs That the Commons understood that one of the Cardinals namely he of Perigort was the most fierce Enemy and the most against the King's Designs of any in the Court of Rome That in time the Nation by such Grants would be filled with Strangers and in a short space no Clerc of his Country though the Son of a Great Lord or other would find any Benefice to which he might be advanced and this to the great Damage of the King and whole Commons by reason of such Reservations and Provisions For which things the Commons pray Remedy par la dite Comune ne le poet ne le voet plus endurere for that they could not nor would longer endure it because all the Foundations and Advowsons of Arch-Bishopricks Bishopricks Abbeys Priories Churches Parochial and the whole Spiritual Revenue of this Land were of the Foundations of the Kings Earls Barons and the Commons sont des Fundacions des Roys Countes Barons de la Comunes That it would please the King to write to
Establishmment and Affirmance of these things the Prelates and Ordinaries of the Provinces of Canterbury and York with one Assent did pronounce the Sentence of the greater Excommunication against all and every of the Subjects of both Provinces that openly or privately by Deed Counsel or Advice should contravene or do against any of the foresaid Premisses the King's Royalty and Prerogative in all things saved According to the Adjournment 7 Ibm n. 44. 21 Ric. II. A. D. 1398. The Parlement met at Shrewsbury the Parlement met at Shrewsbury on Monday after the Quinden of St. Hillary when the Chancellor told them That at first this Parlement was Summoned for the Honour of God and that Holy Church might enjoy all its Liberties and Franchises and that all the Lords Knights Citizens and Burgesses should have and enjoy all their Liberties and Franchises as they reasonably enjoyed and used them in former times 8 Ibm. Also that there should not be more Governours in the Kingdom than One and that the Laws might be duly obeyed and executed as it was more fully contained in the Beginning and Pronunciation of the Cause of this Parlement Also the 9 Ibm. The King desired to know how the Charge for the Defence of the War should be born Chancellor shewed to the Commons the King would be informed by them how the Charge should be born for the Defence of England Ireland Guyen the March of Calais and also the March of Scotland in case they kept not the Truce made for four years which was to end at Michaelmas next coming The Lords Appellants in this Parlement 1 Ibm. n. 47. Stat. ac Large 21 Ric. II. c. 12. The Lords Appellants in this Parlement Moved the Parlement in the 11th of this King might be revoked Edward Duke of Albemarle Thomas Duke of Surrey John Duke of Excester John Marquess of Dorset John Earl of Salisbury Thomas Earl of Glocester and William Earl of Wiltshire Prayed the King and shewed that certain Lords Convict and Attainted the Duke of Glocester the Earls of Arundel and Warwic by Coertion and Compulsion made him Summon a Parlement at Westminster on the morrow after Candlemas in the 11th Year of his Reign and then reciting what had been done that Year and particularly the Questions and Answers put to and made by Sir Robert Tresilian the other Judges and King's Serjeant at Nottingham that the whole Parlement might be revoked the Commons joined with them in the same Prayer to which the Lords Spiritual and Temporal Assented After the Reading the 2 Ibm. The Answers made to the Questions propounded at Nottingham judged good and lawful The Judges Justices and Serjeants of that Opinion Questions and Answers as well before the King and Lords as Commons all the Estates of Parlement were asked What they thought of the Answers And they said They thought the Justices made and gave their Answers duly and lawfully as good and lawful Liege People of the King ought to do And Sir Thomas Skelton Learned in the Law William Hankeford and William Brenchly the King's Serjeants said The Answers were good and lawful and that if the same Questions had been put to them they would have given the same William Thirning Chief Justice of the Common Bench said The Declaration of Treason not declared belonged to the Parlement but if he were a Lord or Peer of Parlement if he had been asked he would have said in the same manner In like manner said William Ri 〈…〉 ice of the Common Pleas and Sir Walter Clopton Chief 〈…〉 of the King's Bench said the same thing Wherefore the 〈…〉 were judged and affirmed to be good and sufficient in thâ—◠〈…〉 ment 〈…〉 upon by Assent of the Lords Spiritual and Temporal the 〈…〉 of the Clergy and Commons and by Advice of the Justi 〈…〉 and Serjeants aforesaid there being it was 3 Ibm. The Parlement as above annulled Awarded and Judged Ordained and Stablished That the Parlement holden in the said 11th Year shall be clearly annulled and holden for none as a thing made without Authority and against the Will and Liberty of the King and the Right of his Crown and that all the Judgments Statutes and Ordinances made in the same with all things depending upon them shall be revoked and annulled reversed and repealed and holden for none and that all Lands Tenements Fees Advousons and all other Possessions seized as forfeit by colour of the said Judgments shall be restored and delivered to them which were judged or put out or to their Heirs and to them that have in other manner Cause of Action or Title of Right with all manner of Liberties or Franchises as they had at any time with Restitution of Goods and Chattels On Wednesday the third Day of this Meeting 4 Ibm. n. 51. The Commons desire that the greatest Security that can be may be given for not undoing what was done in this Parlement John Bussy the Speaker alledged That before that time many Ordinances and Statutes made in divers Parlements had been reversed by diversity of Opinions and other Reasons and Subtilties and on behalf of the Commons prayed the King That the greatest Security that could be given might be taken for the not undoing the Ordinances and Judgments made in this Parlement Whereupon the King charged all the Estates in Parlement to give them their Advice for the best and most firm Security in this case The Lords Spiritual and Temporal answered That they had Sworn before to hold and keep the said Judgments Establishments and Statutes * This Salvo was not in their Oaths which they would maintain with all their Power as much as in them was The King also demanded of the Justices and Serjeants If they knew any other more secure way for the perpetual keeping and observing of the Ordinances and Judgments c. Who answered The greatest Security that could be was established by Parlement And then the Lords Temporal and Spiritual renewed their Oaths before the King in Parlement upon the Lords Spiritual and Temporal renew their Oaths Cross of Canterbury and also the greatest part of the Commons held up their hands in Affirmance of their Oaths and likewise the Proctors of the Clergy and the Knights being about the King And then after Proclamation had been made in audience of all the People To know if they would 5 Ibm. The People Consent to these things Consent to this manner of Security To which they answered lifting their Hands on high and crying with loud Voices It pleased them well and fully consented thereunto Thomas le Despenser Petitions * Ib. n. 55. to the end of n. 66. The Repeal of the Judgments against the Despensers 14th 15th of Ed. II. confirmed and the Reverse of that Appeal in the 1st of Ed. III. repealed the King in full Parlement wherein he recites the Petitions of Hugh the Father and Hugh the Son to the
Royal Power in Prejudice of the King his Royal Estate his Crown and Dignity And that the Charter of Pardon was made in Deceit of the King and expresly against him his Royalty sa Regalie and Dignity wherefore the said Pardon and Charter by Assent of the King and all Estates of Parlement upon the Request of the Commons had been in this Parlement Repealed and made Void And then the Earl was asked if he would say any other thing and Sir Walter Clopton Chief Justice of the King's Bench by the King's Command declared to him the Law and the Punishment he must undergo if he said nothing else and told him if he did not plead further he would be Convict and Attainted of all the Matters objected against him Notwithstanding this and the Repeal of the Charter and Pardon he demanded the Allowance of them The Appellants in their proper Persons prayed the King it would please him to give Judgment upon him as Convict of all His Judgment the Points he was Appealed Whereupon the Duke of Lancaster by Command of the King and all the Lords Temporal and Sir Thomas Percy having Power sufficient from the Prelates and Clergy as appeared by Record in this Parlement Awarded the Earl of Arundel Culpable and Convict of all the Points of which he was appealed and adjudged him Traitor to the King and Realm and that he should be Drawn Hanged Headed and Quartered and because The Aggravation of his Treasons the Treasons were so high as to have surrendred their Homage Liege and Deposed the King and the Levying of War having been so notorious the said Duke of Lancaster by Command of the King the Lords Temporal and Monsieur Thomas Percy having Power as above by Assent of the King Awarded That all the Castles Mannors Lands Tenements Reversions Fees Advousons and every other manner of Inheritance as well in Fee-taile as Fee-simple which were the Earl of Arundel's on the 19th of November in the 10th Year of the King or afterwards and also all the Lands and Tenements of which other Persons were inâ—eoâ—â—ed to his Vse the said 19th of November or afterwards should be forfeit to the King and his Heirs and also all his Goods and Chattels should be forfeited to the King who pardoned the Execution of his Judgment to be Drawn Hanged and Quartered but was Beheaded near the Tower of London on the same Day The King and Lords as well Spiritual and Temporal would not nor was it their Intention that the Lands and Tenements Fees Advowsons Reversions or any other Inheritance the said Earl of Arundel was infeâ—â—ed to the use of another by reason of this Judgment should in any manner be forfeit On the same day the Earl of Arundel was 3 Append. n. 111. brought into Parlement Tryed and Convicted the King directing his Warrant to Thomas Earl Marshall Captain of the Town of Calais and to his A Warrant to the Earl Marshall to bring the Body of the Duke of Glocester into Parlement Lieutenant That he should bring the Body of Thomas Duke of Glocester in his Custody with all speed he could to Answer to divers Articles of Treason in Parlement according to the Law and Custom used in England objected against him by the Appellants and to do further and receive what should be ordered by him and his Council concerning him in Parlement Dated at Westminster the 21st of September in the 21st year of his Reign by the King and Council in Parlement The 4 Ibm. The Earl Marshal returned he was dead Answer of the Earl Marshall was That he could not bring him before the King and his Council in that present Parlement for that he being in his Custody in the King's Prison at Calais died there This Return was made September 24. Upon 5 Pleas of the Crown 21 Ric. II. Reading of this Writ and Return in Parlement the Appellants in their proper Persons prayed the King That the Duke of Glocester might be declared Traytor and Enemy to him as having levied War in the Kingdom against his Person contrary to his Ligeance and that all his Lands Tenements Goods and Chattels as they ought in this Case notwithstanding his Death might be forfeit Whereupon the Commons also of this Parlement prayed the King and Lords That it being notoriously known to the King and all the Estates of the present Parlement and to all the Kingdom that the Duke and others of his Party assembled at Haringay in the County of Middlesex with a great number of People Armed and Arrayed to make War against the King contrary to their Ligeance and came with such Force into the presence of the Person of the King which was to levy War against their Liege Lord That he might be adjudged Traytor and that his Lands Tenements Goods and Chattels might be forfeit notwithstanding his Death as they ought in this Case Upon this all the Lords Temporal and Monsieur Thomas Percy having Power as abovesaid having been fully Examined said That the said Crime and Treason were notoriously known to them and the whole Kingdom wherefore His Judgment all the Lords Temporal and Monsieur Thomas Percy by assent of the King declared him guilty of levying of War and Traytor and adjudged all his Castles Mannors Lands c. which he was possessed of on the 13th of November in the Eleventh year of this Reign as in the Earl of Arundel's Judgment forfeit to the King and his Heirs And that none of his Issue or Heirs of his Body or their Issue or Heirs in time to come should ever bear the Royal Armes of England intire nor with difference ne ove deference or in other manner whatsoever nor should inherit the Crown of England Upon 6 Ibm. the 25th of September the Appellants in full Parlement prayed the King That if there were any thing upon Record whether by Confession of any Person appealed or other Person whatsoever touching their Appeal that it might be openly known and declared in full Parlement Then by Command of the King and Advice of all the Lords Temporal 7 Append. n. 112. The Confession of the Duke of Glocester when Prisoner before Sir William Rickhill a Commission bearing Date the 17th of August this year was read directed to Monsieur William Rickhill one of the Justices of the Common Bench and a Confession made before him by Thomas Duke of Glocester by force of that Commission and the Return of that Commission was then also Read which follows in these Words This is the Answer 8 8 Pleas of the Crown in Parlement 21 of Ric. II. of William Rickhill to the Commission of his Liege Lord. THomas Duke of Glocester be the name of Thomas of Woodstok the zer of the King Richard Twenty one in the Castle of Cales by vertue of a Commission of the King as it is more plainly declared in the same directed to William Rickhill Justice hath * * Declared
what he was could confide in him yea he was reputed so Unfaithful and Inconstant that he was not only a Scandal to his own Person but to the whole Kingdom and all Strangers that knew him 26. Though the Lands Tenements 8 8 Ibm. n. 43. Goods and Chattels of all Free-men by the Laws of the Land ought not to be seized without Forfeiture yet the said King intending to enervate those Laws in the Presence of many Lords and others of the Community of the Kingdom he often said and affirmed That the Life of every Subject his Lands Tenements Goods and Chattels were his to be disposed as he pleased without Forfeiture which was altogether against the Laws and Customs of his Kingdom 27. Although it had been made a 9 9 Ibm. n. 44. Law which had hitherto been confirmed That no Free-man might be taken c. nor any ways destroyed nor that the King should proceed against him but by lawful Trial of his Peers or the Law of the Land yet according to the Will Command and Appointment of the said King very many of his Lieges being maliciously accused for having spoken publickly or privately Words that might tend to the Scandal and Disgrace of the King's Person were taken imprisoned and brought before the Constable and Marshal in the Court Military where being accused they could not be admitted to give any other Answer than Not Guilty and could defend themselves no otherwise than by their Bodies their Accusers being young Men Iusty and sound whereas they were old impotent lame and infirm from whence not only the Destruction of Lords and Great Men but of singular Persons of the Community of the Kingdom very likely might have followed When therefore the said King willingly contravened this Law it was no doubt but he incurred Perjury 28. Altho the People of 1 1 Ibm. n. 45. England by virtue of their Ligeance were sufficiently bound to their King and if they offended in any manner he might Correct and Punish them by the Laws and Customs of the Kingdom yet the said King desiring to supplant and too much oppress his People that he might more freely execute and be able to follow the Fancy of his foolish and unlawful Will he sent his Letters into all Counties of his Kingdom That all his Lieges as well Spiritual as Temporal should take certain Oaths in general which were too burthensome to them and which very likely might cause the final Destruction of his People and that under their Letters and Seals they should confirm these Oaths Which Command the People obeyed lest they should incur his Indignation and for fear of Death 29. When the Parties 2 2 Ibm. n. 46. contending in the Ecclesiastick Court in Causes merely Ecclesiastick and Spiritual indeavoured to procure Prohibitions to hinder Process in the same from the Chancellor of England who out of Justice refused to grant them yet the same King often granted them under his Signet wickedly infringing the Church Liberties granted in Magna Charta which he had Sworn to Preserve damnably incurring Perjury and the Sentence of Excommunication Pronounced by the Holy Fathers against the Violators of Church Liberties 30. The said King in Parlement 3 3 Ib. n. 48. compassed about with Armed Men without Reasonable Cause or Legal Process contrary to the Laws of the Kingdom Banished Thomas Arundel Arch-Bishop of Canterbury and his Spiritual Father being then absent by his Contrivance 31. Upon perusal of the said 4 4 Ib. n. 48. Kings Will under his Great Seal Privy Seal and Signet there was in it this Clause Also we Will That the Debts of our House Chamber and Wardrobe being paid for which we allow Twenty thousand Pounds and the Leprose and Chaplanes we appointed to be maintained at Westminster and Bermondsey for which we allow Five or six thousand Marks The Residue of our Gold shall remain to our Successor upon Condition he Approves Ratifies Confirms Holds and causeth to be Holden and Observed all Laws Statutes Ordinances and Judgments made had or done in the Parlement held at Westminster on the 17th of September in the 21st of our Reign and continued or adjourned to Shrewsbury and all things done at Coventry on the 16th of September in the 22d of our Reign as also what was done at Westminster on the 18th of March in the same year by Authority of the same Parlement But if he shall Refuse to do these things then we Will that Thomas Duke of Surrey Edward Duke of Aumarle John Duke of Excester and William le Scrop Earl of Wiltshire my Debts c. as aforesaid being paid shall have the said Residue for the Defence of the Statutes Ordinances Judgments and Stabiliments aforesaid to the utmost of their Power yea to Death if it be necessary Upon all which things we burthen their Consciences as they will Answer it at the Day of Judgment By which Article it appears evidently That the same King endeavoured pertinaciously to maintain those Statutes and Ordinances which were Erroneous Wicked and Repugnant to all Law and Reason not only in his Life but after he was Dead neither regarding the Danger of his Soul or the utmost Destruction of his Kingdom or Liege People 32. In the Eleventh year of the said 5 5 Ib. n. 49. King Richard at his Mannor of Langley in the presence of the Dukes of Lancaster and York and many other Lords desiring as it seemed That his Uncle the Duke of Glocester there also present might Trust and have Confidence in him of his own accord Sware upon the Venerable Sacrament of the Lords Body placed upon the Altar That he would pardon unto him all things which were said to be committed against his Person and that he should never receive any Damage for them yet afterwards the said King notwithstanding this Oath caused the Duke for those Offences horribly and cruelly to be Murdred damnably incurring the Guilt of Perjury 33. After a Knight of the Shire 6 6 Ib. n. 50. who had a Vote in Parlement impeached the Arch-Bishop of Canterbury publickly before the King and all the States of the Kingdom upon certain Defects committed against the King with little Truth as 't was said Altho he offered presently to answer what was objected against him and desired to be admitted by the King so to do sufficiently trusting as he said to demonstrate his Innocency yet the same King contriving by all the Ways and Means he could to oppress and reduce to nothing the State of the Arch-Bishop as the Event shewed kindly spake to and earnestly desired him that he would say nothing then but expect a more fit time That day being past for five days and more together the King deceived him advising and perswading him not to come to Parlement but to remain at his own House promising that in his absence he should not receive injury but the said King in that Parlement Banished the Arch-Bishop during his
de bien meignent en la terre les Marchauntz estrangers demorant plus longes quil ne soleint faire par la quele demore les choses sont le plus encâ—eries quil ne soleint estre au damage du Roy de son poeple nous ordeinoms que totes maneres des custumes maltoutes leveez puis le coronement le Roy Edward fiz le Roy Henry soient entierment ousteez de tot esteintz par toutes jours nient contreesteant la Chartre que le dit Roy Edward fist as Marchantz aliens pur ceo que il fut fait contre la grand Chartre encontree la fraunchise de la Citee de Lundres saunz assent del Baronage Et si nuly de quele condition quil soit rien preigne ou leve outre les auncienes custumes dues droitureles ou destourbance face pay quey les Merchantz ne peussent de leur biens faire leur volunte Et de ceo soient atteintz soient agardez as pleintifs leur damages eauntz regard al purchase al a suite as coustages per ces que il averont en al offence de la grande Chartre eit le Trespassour la prisone solonc la quantite du trespass solonc descretion des Justices mes ne soit en service le Roy sauve nequedent au Roy les custumes de leyn peaux de quirs cestassavoir de chescun Saack de leyne demy mark de CCC peaux lanuz demy mark de last de Cuir un mark si avoir le doit desoremes viegnent demoergent ailent les estraunges Merchantz solonc les auncienes custumes solonc ce que auncienement soleint faire 12. De damages aver de lattacheur Al honeur de Dieu de seint Eglise encountre ceux qui par malice purchasent prohibitions attachements encountre ordeineirs de seint Esglise en cause de corrections de peche des autres purement espiritueles que nule manere partiegnent a la ley court Nous ordeinoms que par les Justices que atteignent tieu malice que ancienement les malicious plaintiffs soient agardes damages as ordeiners a tort travailles ou si les ditz pleintiffs neient dount paier soit agarde prisone du temps solonc la grievance maliciousment procuree sauve lestat du Roy de la Corone autre droit 13. De mal conseilers le Roy ouster Et pur ceo que le Roy ad estee mal guide consaillez par mauveis conseillers come est susdit Nous ordeinoms que tous les mauvais conseille soient oustez remuez de toutz issuit que eux ne autres tieux ne soient mes pres de luy ne en office le Roy retenuz que autres gentz covenables soient meis en lour lieus Et en meisme la manere soit fait des menengs des gentz de office que sont en loustiel le Roy que ne sont pas covenables 14. De officers Ministers de Roy faire Et pur ceo que moultz des mauz sont avenuz par tieux conseillers tieux Ministers Nous ordeinoms que le Roy face Chanceller Chiefe Justice del une Baâ—ke de lautre Tresorier Chancellier Chief Baron del Eschequir Seneschal de son hostiel Gardeyne de la Gardrobe Contreroller un Clerk covenable pur garder son Privie Seale un Chiefe Gardeine de ses Forestes de cea Trent un autre dela Trent aussi un Escheatour de cea Trent un autre dela Chief Clerke le Roy en le commune Banke par le conseil consent de son Baronage ceo en Parlement Et sil aviegne par ascune aventure que il covient mettre ascuns des ditz Ministres avant ceo que parlement soit dunque le Roy permetter par le bon conseil que il averoit de li jesques au Parlement Et issint soit fait desoremes des tieux Ministres quant mestier serra 15. Del Gardeyns des Cynkports Membr secun dâ— Ensement nous ordeinoms que touz les chief gardeyns des portz chasteaux sur la mere serront mis faitz en la fourme susdite Et que ceux gardeins soient de la terre mesmes 16. De Ministres faire en terres Et pur ceo que les terres de Gascoigne Dirland Descoce sont en peril destre perdues per defaute des bones ministers nous ordeinoms que bones suffizantz ministres soient mis a la gard faire en les dites terres en la fourme contenue en la second Article precheine 17. De Viscountes faire en counties Estre ceo nous ordeinoms que Viscountz soient desormes mis par la Chaunceller Tresorier les autres de conseil qui serront presents Et si Chanceller ne soit present soient mys par le Tresorer Barons del Eschequir par les Justices de Bank Et que tieux soient mis faitz qui soient covenables suffisantz qui eient terres tenements dount il puissent respondre au Roy au people de lour faitz que nuls autres que tieux ne soient meis que eux eient comission desouz le grant Seale 18. De Gardeyns de forestes Por ceo que commune fame est ovesque cemeinte de mounstrance ad este fait que diverse oppressions come desheritaunces faux enditements emprisonements sur ce grevous raunceo des autres moultz de maneres des grevaunces que Gardeyns Bayliffs Ministres des forestes autres ount fait par colour de lour Baylies de lour offices des queles grevances le people que tant est grevez ne seose overtement pleindre ne leur pleintz faire en la Court le Roy tant come ils sont en leur baillies offices Nous ordeinoms que des touz Gardeins Bailiffs Ministers des forestes que avaunt le temps le Roy qui ore est soleient estre remuables a la volunte le Roy aussibien de ceux as queux leur baillies offices sont voluntriement grantees a terme de vie nouncountre esteant tieu grant come des autres leur baillies offices soient seisies en la main le Roy Et que bones gentz loiaux soient assignez Justices denquere sur les grevances avantdites de oier determiner toutes les grevances les pleints de touz i ceux qui devers les ditz Gardeins Bailiffs Ministres des Forestes suivre vodront pur le Roy ou pur eux mesmes solonc la ley la custume de royalme Et si avant come ley le soeffre soient les pleints termines entre cy la Pask prechein avenir ou avant cy home poet bone manere solonc ley si les ditz Gardeins Bayliffes
Merchants of Friscobald's of Florence who Rented the King's Customs of Wooll Wooll-fells and Leâ—ther and had done so in the Ed. I. Paâ— 35. Ed â— M. 17. Dors Emery and those of his Company of Friscomband should render an Account of the Treasure he had received as he was ordered within the Quinden or 15 days after St. Michael or the Bodies and Goods of that Company which were found in the Power of the King should be arrested and Emery declared and holden the King's Enemy and used as such if he was found in the King's Power on this side or beyond the Sea 22. For that Monsieur Henry de Beaumont to the Damage and Dishonour of the King had received of him the Kingdom of Man after it had been Ordained otherwise by the Ordainers and other Rents Lands Franchises and Offices and procured for others Lands Rents Tenements Franchises and Offices against such Ordinance And for that he gave evil Counsel contrary to his Oath it was Ordained he should be outed the King's Council for ever and not to come near the King unless he were summoned to Parlement or in War if the King would have him or by common Assent of Arch-Bishops Bishops Earls and Barons in full Parliament and that all his other Lands should be seized into the King's hands until he should be satisfied the full Value of what he had received of those Lands given him by the King contrary to their Ordinance and if he contended against this Ordinance then for ever to be Disinherited of all Lands of the King's Gift 23. That it was found by the Examination of Prelates Earls and Barons That the Dame de Verscy had procured the King to give to Sir Henry Beaumont her Brother and others Lands Franchises and Offices to the Damage and Dishonour of the King and open Disherision of the Crown Et ausint procure Demander hors Lettres Desus la Targe contre ley lentention du Roy It was Ordained she should go to her House within 15 days after St. Michael next coming without ever returning to Court to stay there and for all these things aforesaid and for that the Castle of Bamburgh was Parcel of the Crown it was Ordained it should be re-taken into the King's Hands and should not be given to her or any other without the Pleasure and good Will of the King 24. That Acquittances should be allowed for Debts paid and Accounts made in the Exchequer and if the Treasurer and Barons of the Exchequer allowed them not or made them not in due form the Plaintifs should have Remedy upon Petition in Parlement 25. For that common Merchants and many other People are received to Plead in the Exchequer Pleas of Debt and Trespass by reason they are avowed by Officers of the place more than before which ought not to be whereby Accounts and other things touching the King are often delayed and the People much grieved it was Ordained That for the future no Pleas should be holden in the Exchequer but such as concerned the King and the Officers of the Exchequer and their Menial Servants And if any be received by Avowry of the Place to Plead therein contrary to the Form abovesaid such as are Empleaded shall have their Recovery in Parlement 26. Also For that the People are much grieved that the Marshal and Steward hold many Pleas which belong not to their Office it was Ordained they should not hold Plea of Frank Tenement or Debt or Covenant or Contract nor the Common Pleas of the People but only Debts and Trespasses of the Court or King's House within the Verge and Contracts and Covenants of such as belong to the Court and no others and that they should be speedily Pleaded from day to day and ended before the King passed out of the Limits of the Verge where the Trespass was done and if Pleas were held otherwise they should be null and such as were grieved might have Redress by Recovery of Damages in the Kings-Bench by Writ out of Chancery 27. For that before that time many Felonies had been committed within the Verge which were not punished because the Coroners of the Country were not permitted to Enquire of such Felonies but only the Coroners of the Houshold who were Partial The Country Coroners without the Verge were to be joined with them in the Case of Murder especially c. 28. For that the People were much grieved that some Persons Bandied together to Kill and Rob them by reason the King by Evil Counsel gave them their Pardons against the Law It was Ordained That for the future no Charters of Pardon should be granted for any manner of Felony but in Case where the King might do it by his Oath Process of Law and the Custom of the Land and if any other were granted it should be void 29. For that many People are delayed of their Demands in the King's Court i. e. Bench because the Parties alledge they ought not to Answer the Demandants without the King and also many of the People grieved by the King's Officers against Right of which Grievances Men can have no Remedy but by frequent Parlements it was Ordained That the King hold a Parlement once every year or twice if there be need and in convenient place and in those Parlements those Pleas which were so delayed and those where the Justices should be of divers Opinions Recorded and Determined and in the same manner Bills i. e. Petitions should be delivered and ended in Parlement according to Law and Reason 30. That Money shall not be altered without great occasion and then by common Advice of the Baronage in Parlement 31. All Statutes made in Amendment of the Law and for the Profit of the People by the King's Ancestors shall be kept and maintained as before and ought to be according to Law and Reason if they were not contrary to the great Charter the Charter of the Forest or these Ordinances and if so then to be null and void 32. That the Law or Common Right be not delayed by Letters of Privy Seal and such Letters to be void if procured 33. Contains an Interpretation of the Statute of Acton Burnel 34. Concerns the Case of Appellants or Appealors and the Sheriffs and Gaolers Practices thereupon now almost antiquated 35. That no Man be appealed of Felonies maliciously or Outlawed in the Country where he hath no Land or Tenements nor put to Death or Disherited by such Suit or Outlawry he rendring himself to the King's Prison c. 36. For the abatement of Appeals in Suits and Slight Cases in Murder and Robbery if the Appellees were acquitted they should recover against the Abettors and Appellors according to the Statute 37. Against Protections for the Delay of Suits as well in Pleas of Land as of Debts and Trespasses by such as feigned themselves in the King's Service That the Plaintiff or Demandant discovering the Deceit to have Damages awarded him at the Discretion of the Justices and the