province of York, at the feasts of Saint Luke, and the Nativity of
Saint John Baptist. And we for this cause, in maintenance of
the estate of holy Church, and in ease of the said prelates, and
all the clergy of England, by assent of the great men, and of the
commons, do grant of our good grace the things underwritten;
that is to say, that no archbishop nor bishop shall be impeached
before our justices because of crime, unless we especially do
command them, till another remedy be thereof ordained.
Grant on Conditions 113
68. Grant on Conditions
(April, 1348. French text, 2 R. P. 200. Translation by Editors.
2 Stubbs, 417, 606.)
4. * * * NEVERTHELESS, provided that the aid now granted
by the said commons be in no manner turned into wool neither
by loan, nor by valuation, nor in other manner be levied
nor more hastily, than in the form in which it be granted,
and that in the meantime the circuits of the justices, as well
of the forest as of common pleas and general inquisitions,
cease throughout the land; that the aid be levied, and that
the subsidy granted of forty shillings on each sack of wool
cease at the end of three years, which will be now at Mich-
aelmas next coming, and that henceforth no such grant be
made by the merchants, inasmuch as it is only to the grievance
and charge of the commons, and not of the merchants who buy
the wool at so much the less. And also, that henceforth no
imposition, tallage, nor charge by loan, nor of any other sort
whatsoever, be put by the privy council of our lord the king with-
out their grant and assent in parliament: and also, that two prel-
ates, two lords, and two justices in this present parliament be
assigned to hear and examine all the petitions previously put for-
ward in the last parliament by the commons which have not yet
been answered; and with them the petitions now set forth, in the
presence of four or six of the commons chosen by them for this
special purpose, so that the said petitions be answered reason-
ably in the present parliament, and of those which have been
previously answered in full, that the answers be in force without
change. And also that the merchants who have evilly deceived
our lord the king, and have been extortionate toward his people
in the matter of the twenty thousand sacks of wool of loan
granted by the commons to our said lord, be put to answer before
the justices having power to hear and determine throughout the
counties of England, and that no release nor charter of par-
don be allowed them. And that the said justices make inquisi-
tion of the false money which ruins the people. And that David
Bruce, William Douglas and the other chieftains of Scotland be
in no manner released neither for ransom nor on parole. And
also that our lord the king restore to the commons the twenty
thousand sacks of wool in time past taken from the commons by
loan and that the aid for the marrying of the daughter of our
114 English Constitutional Documents
lord the king cease in the meantime. And that there be no Mar-
shalsea in England, save the Marshalsea of our lord the king, or
of the guardian of England when our lord the king shall be out
of England, upon these conditions above named and not other-
wise. And also, provided that the said conditions be entered on
the roll of parliament as a matter of record, so that there can be
remedy if anything to the contrary is attempted in time to come.
Thus, the said poor commons, to their very great mischief, grant
to our lord the king three fifteenths to be levied for three years
commencing at Michaelmas next coming; so that each of the
three years one fifteenth and no more be levied, at two terms of
the year, at Michaelmas and at Easter, in equal portions. And
that the said aid be assigned and kept solely for the war of our
lord the king and in no manner for the payment of former debts.
And also, if, by the grace of God, peace or long truce be made
in the meantime, that the fifteenth for the last of the three years
be not levied; but of that fifteenth the grant shall lose its force
completely. And that letters patent of these conditions, and of
the manner of this grant be made under the great seal to all the
counties of England, without paying anything therefor. And
that the said patents make mention of the great necessity of our
lord the king, which has arisen since the last parliament. And
also in case of war with Scotland that the aid granted north of
the Trent be turned to the conduct of that war and in defense of
that part of the country, as before this time has been done.
69. An Ordinance concerning Laborers and
Servants
(June, 1349. Latin text and translation, I S. R. 307. 2 Stubbs, 420,
428, 476.)
'""PHE king to the sheriff of Kent, Greeting. Because a great
-I- part of the people, and especially of workmen and servants,
late died of the pestilence, many seeing the necessity of masters,
and great scarcity of servants, will not serve unless they may
receive excessive wages, and some rather willing to beg in idle-
ness, than by labor to get their living; we, considering the griev-
ous incommodities, which of the lack especially of ploughmen
and such laborers may hereafter come, have upon deliberation
and treaty with the prelates and the nobles, and learned men
assisting us, of their mutual counsel ordained :
Ordinance concerning Laborers and Servants 115
i. That every man and woman of our realm of England, of
what condition he be, free or bond, able in body, and within the
age of three score years, not living in merchandise, nor exercis-
ing any craft, nor having of his own whereof he may live, nor
proper land, about whose tillage he may himself occupy, and not
serving any other, if he be required to serve in convenient service,
his estate considered, he shall be bounden to serve him which
shall so him require; and take only the wages, livery, meed, or
salary, which were accustomed to be given in the places where he
oweth to serve, the twentieth year of our reign of England, or
five or six other common years next before. Provided always,
that the lords be preferred before others in their bondmen or
their land tenants, so in their service to be retained: so that
nevertheless the said lords shall retain no more than be necessary
for them; and if any such man or woman, being so required to
serve, will not do the same, that proved by two true men before
the sheriff, bailiff, lord, or constable of the town where the same
shall happen to be done, he shall anon be taken by them, or any
of them, and committed to the next jail, -there to remain under
strait keeping, till he find surety to serve in the form aforesaid.
5. Item, that sadlers, skinners, whitetawers, cordwainers,
tailors, smiths, carpenters, masons, tilers, boatmen, carters, and
all other artificers and workmen, shall not take for their labor
and workmanship above the same that was wont to be paid to
such persons the said twentieth year, and other common years
next before, as afore is said, in the place where they shall happen
to work; and if any man take more, he shall be committed to the
next jail, in manner as afore is said.
6. Item, that butchers, fishmongers, hostelers, brewers, bakers,
pullers, and all other sellers of all manner of victual, shall be
bound to sell the same victual for a reasonable price, having
respect to the price that such victual be sold at in the places
adjoining, so that the same sellers have moderate gains, and not
excessive, reasonably to be required according to the distance of
the place from whence the said victuals be carried; * * *
n6 English Constitutional Documents
70. Statute of Laborers
(February, 1351. French text and translation, i S. R. 311. 2 Stubbs,
428, 476.)
"11 WHEREAS late against the malice of servants, which were
V V idle, and not willing to serve after the pestilence, with-
out taking excessive wages, it was ordained by our lord the king,
and by assent of the prelates, nobles, and other of his council,
that such manner of servants, as well men as women, should be
bound to serve, receiving salary and wages, accustomed in places
where they ought to serve in the twentieth year of the reign of
the king that now is, or five or six years before; and that the
same servants refusing to serve in such manner, should be pun-
ished by imprisonment of their bodies, as in the said statute is
more plainly contained : whereupon commissions were made to
divers people in every county to inquire and punish all them
which offend against the same : and now forasmuch as it is given
the king to understand in this present parliament, by the petition
of the commonalty, that the said servants having no regard to
the said ordinance, but to their ease and singular covetise, do
withdraw themselves to serve great men and others, unless they
have livery and wages to the double or treble of that they were
wont to take the said twentieth year, and before, to the great
damage of the great men, and impoverishing of all the said com-
monalty, whereof the said commonalty prayeth remedy : where-
fore in the said parliament, by the assent of the said prelates,
earls, barons, and other great men, and of the same commonalty
there assembled, to refrain the malice of the said servants, be
ordained and established the things underwritten, that is to wit :
5. Item, that the said stewards, bailiffs, and constables of the
said towns, be sworn before the same justices, to inquire dili-
gently by all the good ways they may, of all them that come
against' this ordinance, and to certify the same justices of their
names at all times, when they shall come into the country to
make their sessions; so that the same justices on certificate of
the same stewards, bailiffs, and constables, of the names of the
rebels, shall cause them to be attached by their body, to be before
the said justices, to answer of such contempts, so that they make
fine and ransom to the king, in case they be attainted ; and more-
over to be commanded to prison, there to remain till they have
Statute of Pro visors of Benefices 117
found surety, to serve, and take, and do their work, and to sell
things vendible in the manner aforesaid; and in case that any of
them come against his oath, and be thereof attainted, he shall
have imprisonment of forty days; and if he be another time con-
vict, he shall have imprisonment of a quarter of a year, so that
at every time that he offendeth and is convict, he shall have
double pain: * * *
7. Item, that the said justices make their sessions in all the
counties of England at the least four times a year, that is to say,
at the feast of the Annunciation of our Lady, Saint Margaret,
Saint Michael, and Saint Nicholas; and also at all times that
shall need, according to the discretion of the said justices; * * *
71. Statute of Provisors of Benefices
(February, 1351. French text and translation, I S. R. 316. 2 Stubbs,
430, 3 Stubbs, 324.)
T \ 7HEREAS late in the parliament of good memory of Edward
V V king of England, grandfather to our lord the king that now
is, the five and thirtieth year of his reign, holden at Carlisle, the
petition being heard, which was offered unto the said grandfather
and his council in his said parliament, by the commonalty of the
said realm, containing, that whereas the holy Church of England
was founded in the estate of prelacy, within the realm of England,
by the said grandfather and his progenitors, and the earls, barons,
and other nobles of his said realm, and their ancestors, to inform
them and the people of the law of God, and to make hospitali-
ties, alms, and other works of charity, in the places where the
churches were founded, for the souls of the founders, their heirs,
and all Christians; and certain possessions, as well in fees, lands,
rents, as in advowsons, which do extend to a great value, were
assigned by the said founders to the prelates and other people of
the holy Church of the said realm, to sustain the same charge,
and especially of the possessions which were assigned to arch-
bishops, bishops, abbots, priors, religious, and all other people
of holy Church, by the kings of the said realm, earls, barons, and
other great men of his realm ; the same kings, earls, barons, and
other nobles, as lords and advowees, have had and ought to have the
custody of such voidances [vacancies], and the presentments and
n8 English Constitutional Documents
the collations of the benefices being of such prelacies : and the
said kings in times past were wont to have the greatest part of theii
council, for the safeguard of the realm when they had need, of
such prelates and clerks so advanced; the pope of Rome, accroach-
ing to him the seignories of such possessions and benefices doth
give and grant the same benefices to aliens which did never dwell
in England, and to cardinals, which might not dwell here, and
to others as well aliens as denizens, as if he had been patron or
advowee of the said dignities and benefices, as he was not of right
by the law of England; whereby if they should be suffered, there
should scarcely be any benefice within a short time in the said
realm, but that it should be in the hands of aliens and by virtue
of such provisions, against the good will and disposition of the
founders of the same benefices; and so the elections of arch-
bishops, bishops, and other religious should fail, and the alms,
hospitalities, and other works of charity, which should be done
in the said places, should be withdrawn, the said grandfather,
and other lay-patrons, in the time of such voidances, should lose
their presentments, the said council should perish, and goods
without number should be carried out of the realm, in annulling
of the estate of the holy Church of England, and disherison of
the said grandfather, and the earls, barons, and other nobles,
and in offence and destruction of the laws and rights of his realm,
and to the great damage of his people, and in subversion of all
the estate of his said realm, and against the good disposition and
will of the first founders : by the assent of the earls, barons, and
other nobles and of all the said commonalty, at their instances
and requests, the damage and grievances afore considered, in the
said full parliament it was provided, ordained, and established,
that the said oppressions, grievances, and damages in the same
realm from henceforth should not be suffered in any manner.
And now it is showed to our lord the king in this present parlia-
ment holden at Westminster, at the utas of the Purification of
our Lady, the five and twentieth year of his reign of England,
and of France the twelfth, by the grievous complaints of all the
commons of his realm, that the grievances and mischiefs afore-
said do daily abound, to the greater damage and destruction of
all this realm more than ever were before, namely, that now of
late our Holy Father the pope by procurement of clerks and
other wise, hath reserved, and doth daily reserve to his collation
generally and especially, as well archbishoprics, bishoprics,
abbeys, and priories, as all other dignities and other benefices
of England, which be of the advowry of people of holy Church,
Statute of Provisors of Benefices 119
and doth give the same as well to aliens as to denizens, and
taketh of all such benefices the first fruits, and many other profits,
and a great part of the treasure of the said realm is carried
away and dispended out of the realm, by the purchasers of such
graces; and also by such privy reservations many clerks advanced
in this realm by their true patrons, which have peaceably holden
their advancements by long time be suddenly put out: whereupon
the said commons have prayed, our said lord the king, that since
the right of the crown of England, and the law of the said realm
is such, that upon the mischiefs and damages which happen to
his realm, he ought, and is bound by his oath, with the accord of
his people in his parliament, thereof to make remedy and law,
for the voiding of the mischiefs and damages which thereof
ensue, that it may please him therefor to ordain remedy :
Our lord the king seeing the mischiefs and damage before
mentioned, and having regard to the said statute made in the
time of his said grandfather, and to the causes contained in the
same; which statute holdeth always his % force, and was never
defeated nor annulled in any point, and by so much as he is
bounden by his oath to cause the same to be kept as the law of
his realm, though that by sufferance and negligence it hath been
since attempted to the contrary; also having regard to the griev-
ous complaints made to him by his people in divers his parlia-
ments holden heretofore, willing to ordain remedy for the great
damages and mischiefs which have happened and daily do happen
to the Church of England by the said cause, by the assent of all
the great men and the commonalty of the said realm to the honor
of God, and the profit of the said Church of England, and of all
his realm, hath ordained and established, that the free elections
of archbishops, bishops, and all other dignities and benefices
elective in England, shall hold from henceforth in the manner
as they were granted by the king's progenitors, and founded by
the ancestors of other lords. And that all prelates and other
people of holy Church, which have advowsons of any benefices of
the king's gift, or of any of his progenitors, or of other lords and
donors, to do divine services, and other charges thereof ordained,
shall have their collations and presentments freely to the same, in
the manner as they were enfeoffed by their donors. And in case
that reservation, collation, or provision be made by the court of
Rome, of any archbishopric, bishopric, dignity, or other bene-
fice, in disturbance of the elections, collations, or presentations
aforenamed that at the same time of the voidance, when such
reservations, collations, and provisions shall take effect, our lord
I2O English Constitutional Documents
the king and his heirs shall have and enjoy for the same time the
collations to the archbishoprics, bishoprics, and other dignities
elective, which be of his advowry, such as his progenitors had,
before that free election was granted, seeing that the elections
were first granted by the king's progenitors upon a certain form
and condition, as to demand licence of the king to choose, and
after the election to have his royal assent, and not in other
manner; which conditions not kept, the thing ought by reason to
resort to its first nature. And if any such reservation, provision,
or collation be made of any house of religion of the king's
advowry, in disturbance of free election, our sovereign lord the
king and its heirs, shall have for that time the collation to give
this dignity to a convenient person. And in case that collation,
reservation, or provision be made by the court of Rome of any
church, prebend, or other benefices, which be of the advowry of
people of holy Church, whereof the king is advowee paramount
immediate, that at the same time of the voidance, at which time
the collation, reservation or provision should take effect as afore
is said, the king and 'his heirs shall thereof have the present-
ment or collation for that time; and so from time to time, when-
soever such people of holy Church shall be disturbed of their
presentments or collations by such reservations, collations, or
provisions, as afore is said; saving to them the right of their
advowsons and their presentments, when no collation or pro-
vision of the court of Rome is thereof made, or where that the
said people of holy Church shall or will to the same benefices
present or make collation; and that their presentees may enjoy
the effect of their collations or presentments : and in the same
manner every other lord, of what condition that he be, shall have
the collations or presentments to the houses of religion which be
of his advowry and other benefices of holy Church which be per-
taining to the same houses. And if such advowees do not pre-
sent to such benefices within the half year after such voidances,
nor the bishop of the place do not give the same by lapse of time
within a month after half a year, that then the king shall have
thereof the presentments and collations as he hath of other of
his own advowry. And in case that the presentees of the king,
or the presentees of other patrons of holy Church or of their
advowees, or they to whom the king, or such patrons or advowees
aforesaid, have given benefices pertaining to their presentments
or collations, be disturbed by such provisors, so that they may
not have possession of such benefices by virtue of the present-
ments or collations to them made, or that they which be in pos-
The Statute of Treasons 12 1
session of such benefices be impeached upon their said possessions
by such provisors; then the said provisors, their procurators,
executors, and notaries, shall be attached by their body, and
brought in to answer; and if they be convict, they shall abide in
prison without being let to mainprise, or bail, or otherwise
delivered, till that they have made fine and ransom to the king
at his will, and satisfaction to the party that shall feel himself
grieved. And nevertheless before that they be delivered, they
shall make full renunciation, and find sufficient surety that they
shall not attempt such things in time to come, nor sue any
process by them, nor by other, against any man in the court of
Rome, nor in any part elsewhere, for any such imprisonments
or renunciations, nor any other thing depending of them.
72. The Statute of Treasons
(March, 1352. French text and translation, I S. R. 319. 2 Stubbs, 431.)
2. ITEM, whereas divers opinions have been before this time
what case should be adjudged treason, and what not; the king,
at the request of the lords and of the commons, hath made a
declaration in the manner as hereafter followeth, that is to say;
when a man doth compass or imagine the death of our lord the
king, or of our lady his wife, or of their eldest son and heir; or
if a man do violate the king's wife, or the king's eldest daugh-
ter unmarried, or the wife of the king's eldest son and heir;
or if a man do levy war against our lord the king in his realm,
or be adherent to the king's enemies in his realm, giving to them
aid and comfort in the realm, or elsewhere, and thereof be prove-
ably attainted of open deed by people of their condition : and if
a man counterfeit the king's great or privy seal, or his money;
and if a man bring false money into this realm, counterfeit to the
money of England, as the money called lushburgh, or other, like
to the said money of England, knowing the money to be false, to
merchandise or make payment in deceit of our said lord the king
and of his people; and if a man slay the chancellor, treasurer, or
the king's justices of the one bench or the other, justices in eyre,
or justices of assize, and all other justices assigned to hear and
determine, being in their places, doing their offices : and it is to
122 English Constitutional Documents
be understood, that in the cases above rehearsed, that ought to
be judged treason which extends to our lord the king, and his
royal majesty: and of such treason the forfeiture of the escheats
pertaineth to our sovereign lord, as well of the lands and tene-
ments holden of other, as of himself: and moreover there is
another manner of treason, that is to say, when a servant slayeth
his master, or a wife her husband, or when a man secular or
religious slayeth his prelate, to whom he oweth faith and obedi-
ence; and such manner of treason giveth forfeiture of escheats to
every lord of his own fee : and because that many other like cases
of treason may happen in time to come, which a man cannot
think or declare at this present time; it is accorded, that if any
other case, supposed treason, which is not above specified, doth
happen of new, before any justices, the justices shall tarry with-
out any going to judgment of the treason, till the case be showed
before the king in his parliament, and it be declared, whether it
ought to be judged treason or else felony. And if perchance any
man of this realm ride armed openly or secretly with men of
arms against any other, to slay him, or rob him, or take him, or
retain him till he hath made fine or ransom for to have his
deliverance, it is not the mind of the king nor his council, that
in such case it shall be judged treason, but shall be judged
felony or trespass, according to the laws of the land of old time
used, and according as the case requireth. * * *