defence of the said realm, our sovereign lord the king aforesaid had not some notable aid and subsidy granted to him in this present parliament. And thereupon it was demanded of the aforesaid lords by way of question, what aid would be sufficient and needful in this case? To which demand and question the said lords made response severally that considering the necessity of the king on one side and the poverty of his people on the other, a less aid would not suffice than one tenth and a half from the cities and boroughs, and one fifteenth and a half from other laymen. And besides, to grant a prolongation of the subsidy on wools, leather, and woolfells, and three shillings on the ton, and twelve pence in the pound, from the feast of St. Michael next coming till the feast of St. Michael in two years then next ensuing. Whereupon, by command of the king our said lord, word was sent to the commons of this present parliament to send before our said lord the king and the said lords a certain number of the members of their company, to hear and to report to their companions that which they should have in command of our lord the king aforesaid. And thereupon the said commons sent to the presence of the king our said lord and the said lords twelve of their companions; to whom, by command of our said lord the king the question aforesaid was declared and the response of the aforesaid lords severally given to it. Which response, it was the will of our said lord the king, they should report to the rest of their companions; also that they should see to it that they conformed most nearly to the purpose of the lords abovesaid. Which report having been made to the said commons, they were greatly disturbed, saying and affirming that this was in great prejudice and derogation of their liberties; and when our said lord the king heard of this, not wishing that anything should be done at present or in time to come, which could in any way turn against the liberty of the estate, for which they were come to parliament, nor against the liberty of the lords aforesaid, willed and granted and declared, with the advice and assent of the said lords, in the following manner. That is to say, that it is lawful for the lords to discuss among themselves assembled in this present parliament, and in every other in time to come, in the absence of the king, concerning the estate of the realm and the remedy needful to it. And that in like manner it is lawful for the commons, on their part, to discuss together concerning the state and remedy aforesaid. Provided always, that the lords on their part and the commons on theirs, make no report to our said lord the king of any grant granted by the commons, and agreed to by the lords, nor of the negotiations of the said grant, before the said lords and commons shall be of one assent and of one accord in the matter, and then in the manner and form customary, that is to say by the mouth of the speaker of the said commons for the time being, to the end that the said lords and commons should have the agreement of our said lord the king. Besides this our said lord the king wills with the assent of the lords aforesaid that the negotiations had as aforesaid in this present parliament neither be treated as an example in time to come, nor be turned to the prejudice or derogation of the liberty of the estate, for which the said commons were now come together, neither in this present parliament nor in any other in time to come. But wills that the said and all other estates be as free as they had been before. to restrain pernicious actectus of office bolete 113. Act restraining Abuses by the Sheriffs in Election Returns (1410. French text and translation, 2 S. R. 162. 3 Stubbs, 67, 420.) I. FIRST, whereas in the parliament holden at Westminster, the seventh year of the reign of our said lord the king, there was ordained and established, by a statute for the preservation of the liberties and franchises of the election of the knights of the shire used through the realm, a certain form and manner of the election of such knights, as in the said statute more fully is contained; and forasmuch as in the same statute no penalty was ordained or limited in special upon the sheriffs of the counties, if they make any returns to the contrary of the same statute; it is ordained and stablished, that the justices assigned to take assizes, shall have power to inquire in their sessions of assizes of such returns made; and if it be found by inquest, and due examination before the same justices, that any such sheriff hath made, or hereafter make, any return contrary to the tenor of the said statute, that then the same sheriff shall incur the penalty of one hundred pounds to be paid to our said lord the king; and moreover, that the knights of the counties so unduly returned, shall lose their wages of the parliament, of old time accustomed. N 178 English Constitutional Documents !!) Cooks, tape of by cocks 114. Grant of Subsidy, and Tunnage and (1413. French original, 4 R. P. 6. Translation by Editors. 17. To the honor of God and for the great love and affection which your poor commons of your realm of England have for you, our very excellent lord, the king, for the good of the kingdom and good governance in time to come, your aforementioned poor commons with the assent of the lords spiritual and temporal, the ninth day of June, the first year of your reign, in your parliament held at Westminster, grant to you, our sovereign lord, for the defence of your realm of England, the subsidy of wools, leather and woolfells, to be levied from the coming feast of St. Michael in the entire four years next ensuing, in the form which follows. That is to say from resident merchants, on each sack of wool 43s. 4d. and on each 240 woolfells 435. 4d. and on each last of leather 100s. going out of the realm. And from the alien merchants, on each sack of wool 50s. and on each 240 woolfells 50s. and on each last of leather 106s. 8d. passing out of the realm. And likewise your aforementioned poor commons with the consent aforementioned, for the safeguard of the sea grant to you our very excellent lord, 3s. on each tun of wine coming into the said realm, and passing out from it, except the tuns of wine taken at the price for your use. And also the aforementioned commons with the consent aforementioned grant to you for the said safeguard of the sea, 12d. in the pound of every kind of merchandise coming into the said realm and passing out of it, except wools, hides and woolfells. And except every kind of grain, flour and dried fish and cattle coming into the said realm. And except ale which is carried out of the realm to supply your city of Calais by people of the cities of Baldesey, Falkenham, and Alderton on the Gosford and others as they are charged since the conquest of the said city of Calais. To take and receive the same 35. on each tun of wine and 12d. in the pound, from the feast of St. Michael next to come to the feast of St. Michael the entire year ensuing. Upon the condition that the merchants resident and alien coming into the realm of England with their merchandise be well and honestly treated and demeaned with their merchandise on paying the said subsidy of 12d. in the pound of their merchandise according to the value that the merchandise costs abroad, and that they be believed on their oath or by their letters. And if the said merchants be found false, that they pay the double subsidy on that which has not paid customs duty, without other forfeiture or new payments, as they were treated and demeaned in the time of your father, whom God assoil, and of your noble progenitors kings of England, without oppression or extortion done to the merchants aforementioned. And that the citizens and burgesses shall be treated in pursuing and making their fines to have their liberties and franchises, as they were treated in the time of your father, whom God assoil, and of your noble progenitors kings of England. And besides this your said commons having regard to the East March and West March of Scotland, and the marches of Wales and the land of Ireland and the marches of Calais and the land of Guienne, and the safeguard of the sea, by the entire reliance which your said poor commons have in you, our very sovereign lord, and to the intent that, with the aid of God, by your gracious and good government in time to come the said commons have good hope of being discharged of all such subsidies and tunnage and poundage, and taxes and tallages in time to come, with the consent aforementioned, for the defence of the realm and safeguard of the sea grant to you our very gracious lord an entire fifteenth and an entire tenth to be levied from laymen in the accustomed manner. That is to say, a half at the feast of St. Martin in the winter next coming, and the other half at the feast of Easter next ensuing. Upon the condition that the sea be well and sufficiently guarded for the safety of the navy and the merchandise of the merchants of the realm of England. Protesting, that your said commons be not held nor bound to the wars of the said marches of Scotland, nor of the land of Ireland, nor of the marches of Wales, nor of the marches of Calais, nor the land of Guienne, nor for the safeguard of the sea "by any grant in time to come. Fell into disure, electors today must coul within a 115. Residence required of Knights of the key and Shire and of their Electors (1413. French text and translation, 2 S. R. 170. 3 Stubbs, 80, 438.) 1. FIRST, that the statutes made, concerning the election of the knights of the shires to come to the parliament, be holden and kept in all points; adjoining to the same, that the knights of the shires which from henceforth shall be chosen in every shire, be not chosen unless they be resident within the shires where they shall be chosen, the day of the date of the writ of the summons of the parliament; and that the knights and esquires, and others which shall be choosers of those knights of the shires, be also resident within the same shires, in manner and form as is aforesaid. And moreover it is ordained and established, that the citizens and burgesses of the cities and boroughs be chosen men, citizens and burgesses resident, dwelling and free in the same cities and boroughs, and no other in any wise. 116. Confiscation of the Alien Priories (1414. French original, 4 R. P. 22, No. 21. Translation by Editors. 3 Stubbs, 84.) ITEM TEM, the commons pray that in case final peace be made between you our sovereign lord and your adversary of France in time to come, and thereupon all the possessions of the alien priories in England should be restored to the chief religious houses abroad to which all those possessions belong, damage and loss would fall upon your said realm and on your people of the same realm by the great ferms and revenues of money which from year to year forever after would be paid in from the possessions to the chief houses aforesaid to the great impoverishment of your same realm in that respect which God forbid: May it please your very noble and very gracious lordship to consider, that at the commencement of the said war between the said realms, your lieges, of all the possessions which they then had of gifts from your noble progenitors in the parts abroad within the jurisdiction of France by judgment rendered in that same realm were forever ousted and disherited. And therefore to graciously decree in this parliament with the assent of your lords both spiritual and temporal that all the possessions of the alien priories in England shall remain in your hands to you and to your heirs forever to the intent that divine services in the places aforementioned shall be more duly held by English people in time to come than they have been before this time in these places by French people. Except the possessions of the alien conventual priors and of the priors who are inducted and instituted. And |