the king, and in the heirs of his body begotten; and especially
at the request and of the assent aforesaid, it is ordained and
established, pronounced, decreed, and declared, that the lord
the prince Henry eldest son to our said lord the king, be heir
apparent to the same our lord the king, to succeed him in the
said crown, realms and dominions, to have them with all the
appurtenances after the decease of the same our lord the king, to
him and his heirs of his body begotten; and if he die without
heir of his body begotten, then all the said crown, realms and
dominions, with all the appurtenances, shall remain to the Lord
Thomas, second son of our said lord the king, and to the heirs
of his body begotten; and if he die without issue of his body,
that then all the said crown, realms and dominions, with all the
appurtenances, shall remain to the Lord John, the third son of
our said lord the king, and to the heirs of his body begotten:
and if he die without heir of his body begotten, that then all the
foresaid crown, realms and dominions, with all the appurte-
nances, shall remain to the Lord Humphrey, the fourth son of
our said lord the king, and the heirs of his body begotten.



in. The Manner of electing Knights of
the Shire

(1406. French and Latin text and translation, 2 S. X. 156. 3 Stubbs,
58, 264, 417.)



15. ITEM, our lord the king, at the grievous complaint of
his commons of the undue election of the knights of counties
for the parliament, which be sometime made of affection of
sheriffs, and otherwise against the form of the writs directed
to the sheriff, to the great slander of the counties, and hindrance
of the business of the commonalty of the said county; our sov-
ereign lord the king, willing therein to provide remedy, by the
assent of the lords spiritual and temporal, and of all the com-
monalty of the realm in this present parliament, hath ordained
and established, that from henceforth the elections of such
knights shall be made in the form as followeth; that is to say, that



Commons to originate Money Bills 175

at the next county [court], to be holden after the delivery of the
writ of the parliament, proclamation shall be made in the full
county of the day and place of the parliament, and that all they
that be there present, as well suitors duly summoned for the same
cause, as other, shall attend to the election of their knights for
the parliament; and then in the full county they shall proceed
to the election freely and indifferently, notwithstanding any
request or commandment to the contrary; and after that they be
chosen, the names of the persons so chosen, be they present or
absent, shall be written in an indenture under the seals of all
them that did choose them, and tacked to the same writ of the
parliament; which indenture, so sealed and tacked, shall be
holden for the sheriff's return of the said writ, touching the
knights of the shires. And that in the writs of the parliament to
be made hereafter, this clause shall be put : and thy election in
thy full county made, distinctly and openly, under thy seal and
the seals of those who were present at that election, to us in our
chancery, at the day and place in the writ contained, certify
without delay.



112. Commons to originate Money Bills

(1407. French original, 3 R. P. 611. Translation by Editors. 3 Stubbs, 62.)

21. ITEM, on Friday, the second day of December, which
was the last day of parliament, the commons came before the
king and the lords in parliament and there by command of
the king a schedule of indemnity for a certain dispute between
the lords and commons was read; and thereupon it was com-
manded by our said lord the king, that the said schedule be
recorded in the roll of parliament; of which schedule the tenor
was as follows. Be it remembered that on Monday the twenty-
first day of November, the king our sovereign lord being in the
council room within the abbey of Gloucester, there being in his
presence the lords spiritual and temporal assembled at this pres-
ent parliament, there was a discussion among them on the state
of the realm and the defence of the same in order to resist the
malice of the enemies who on every coast seemed to be harassing
the said realm and the faithful subjects of the same, and no man
would be able to resist that malice, if for the safe-guard and



176 English Constitutional Documents

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 ensu-
ing. 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 compan-
ions 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 com-
panions; to whom, by command of our said lord the king the
question aforesaid was declared and the response of the afore-
said 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 dis-
turbed, 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 pres-
ent 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 parlia-
ment, and in every other in time to come, in the absence of the
king, concerning the estate of the realm and the remedy need-
ful 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,



Act restraining Abuses by the Sheriffs 177

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 agree-
ment of our said lord the king. Besides this our said lord the
king wills with the assent of the lords aforesaid that the nego-
tiations 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 pres-
ent 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.



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 preserva-
tion 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.



iy8 English Constitutional Documents



114. Grant of Subsidy, and Tunnage and
Poundage

(1413. French original, 4 R. P, 6. Translation by Editors.
3 Stubbs, 79.)

17. To the honor of God and for the great love and affec-
tion 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 afore-
mentioned 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 mer-
chants, on each sack of wool 43^. 4^. and on each 240
woolfells 43 s. $d. and on each last of leather IOQS. going out
of the realm. And from the alien merchants, on each sack
of wool SQJ. and on each 240 woolfells $os. and on each last of
leather io6x. 8</. passing out of the realm. And likewise your
aforementioned poor commons with the consent aforementioned,
for the safeguard of the sea grant to you our very excellent lord, 3^.
on each tun of wine coming into the said realm, and passing out
from it, except the tuns of wine taken at the price for your use.
And also the aforementioned commons with the consent afore-
mentioned grant to you for the said safeguard of the sea, \zd.
in the pound of every kind of merchandise coming into the said
realm and passing out of it, except wools, hides and woolfells.
And except every kind of grain, flour and dried fish and cattle
coming into the said realm. And except ale which is carried out
of the realm to supply your city of Calais by people of the cities
of Baldesey, Falkenham, and Alderton on the Gosford and others
as they are charged since the conquest of the said city of Calais.
To take and receive the same 3-$-. on each tun of wine and \zd.
in the pound, from the feast of St. Michael next to come to the
feast of St. Michael the entire year ensuing. Upon the con-
dition 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 \2d. in the pound of their merchandise according



Residence required of Knights of the Shire 179

to the value that the merchandise costs abroad, and that they be
believed on their oath or by their letters. And if the said mer-
chants 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 Eng-
land. 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 sub-
sidies 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 lay-
men 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.



115. Residence required of Knights of the
Shire and of their Electors

(1413. French text and translation, 2 S. R. 170. 3 Stubbs, 80, 438.)

i. FIRST, that the statutes made, concerning the election
of the knights of the shires to come to the parliament, be holden



180 English Constitutional Documents

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 estab-
lished, 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.



1 1 6. Confiscation of the Alien Priories

(1414. French original, 4 R. P. 22, No. 21. Translation by Editors.
3 Stubbs, 84.)

TTEM, the commons pray that in case final peace be made
J- 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 posses-
sions 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 afore-
mentioned 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






King agrees not to alter the Petitions 181

except all the alien possessions given by the gracious lord
the king your father whom God assoil to the master and college
of Fotheringay and to his successors of the foundation of our
said lord the king your father and of the foundation of Edward
duke of York, any peace to be made notwithstanding, together
with all kinds of franchises and liberties granted by our said
lord the king your father to the said master and college and its
successors and confirmed by you, * * * saving the services
owing to the lords of English sees, if any there are, notwithstand-
ing that the same grant made by our said lord the king your
father to the said master and college and his successors should
be extended only during the war between your very sovereign
lord and your adversary of France, and saving also to each of
your lieges as well spiritual as temporal the estate and posses-
sion which they have at present in any of such alien possessions,
purchased or to purchase, in perpetuity or for life or for a term
of years, from the chief religious houses abroad by the licence of
our lord the king your very noble father, whom God assail,
or of king Edward the Third your great grandfather, or of king
Richard the Second since the conquest, or by your gracious gift,
grant, confirmation or licence had at present in such case. Pay-
ing and supporting all the charges, pensions, annuities and pro-
visions granted to any of your lieges by you or by any of your
noble progenitors to be taken from the possessions or alien
priories aforementioned.

REPLY

The king wills it, and also that the said master and college of
Fotheringay have an exemplification of the king under his great
seal of the present petition for their greatest security in this
respect and with the assent of the lords spiritual and temporal
sitting in this present parliament.



1 1 7. King agrees not to alter the Petitions
of the Commons

(1414. French and English original, 4 R. P. 22, No. 22. Translation
by Editors. 3 Stubbs, 84, 269.)

ITEM, be it remembered, that the commons delivered to the
king our very sovereign lord, in this present parliament a
petition, of which the tenor follows word for word.



1 82 English Constitutional Documents

Our sovereign lord, your humble and true lieges that have
come for the commons of your land, trusting in your great justice
that as it hath been ever their liberty and freedom that there
should no statute or law be made unless they gave thereto their
assent, considering that the commons of your land, the which is
and ever hath been, a member of your parliament, have been as
well assenters as petitioners, that from this time forth, by com-
plaint of the commons of any mischief, asking remedy by mouth
of their speaker for the commons or else by written petition, that
there never be any law made thereupon and engrossed as statute
and law, neither by addition or by diminution, by no manner of
term or terms, the which should change the sentence and the
intent asked by the speaker by mouth, or the petitions aforesaid
given in writing by the manner aforesaid, without the assent of
the foresaid commons. Considering our sovereign lord that it
is not in any wise the intent of your commons if it be so that
they ask you by speaking or by writing, two things or three or
as many as pleases them; but that ever it stand in the freedom
of your Highness to grant which of those that please you and to
refuse the rest.

REPLY

The king by his especial grace granteth that from henceforth
nothing be enacted to the petitions of his commons that be
contrary to their asking whereby they should be bound without
their assent; saving always to our liege lord his prerogative to
grant and deny what him list of their petitions and askings
aforesaid.



1 1 8. Grant of a Subsidy and Tunnage and
Poundage for Life

(1415. French original, 4 R. P. 63, No. 5. Translation by the Editors.
3 Stubbs, 88.)

HTHE commons of the realm assembled in this present parlia-
J- ment, considering that the king our sovereign lord, to the
honor of God and to avoid the effusion of Christian blood, has
made to his adversary of France, divers requests to have his
heritage returned to him, according to right and justice, and
although there has been much negotiation as well on this side of
the sea as on the other, at great cost to our sovereign lord the



Grant of a Subsidy and Tunnage and Poundage 183

king; nevertheless, the king our said sovereign lord, has not
obtained by means of these requests and negotiations his said
heritage nor any notable parts of it. And therefore the king
our said sovereign lord though with the revenue of his realm and
of the grant of the subsidy, granted to him before, he did not
have the means to pursue his claim by way of deed, nevertheless
hoping in God that he should see himself sustained and supported
in his just quarrel, our said lord the king of his good courage
has lately undertaken a voyage abroad, pledging his jewels to
obtain money and in his own person has gone and arrived before
the town of Harfleur and there besieged it with such force that
he has taken and obtained it and holds it at present and to guard
the same city he has placed there certain lords and many others,
men at arms and archers, to his great cost and expense, and hav-
ing made such ordinance for the safeguard of the said town, our
said lord the king of his excellent courage with few people, regard
being had to the might of France, went from the town of Harfleur
by land towards the marches of Calais, where on his road many
dukes, counts and other lords with the might of the realm of France
in very great numbers met and fought him until God by His grace
gave the victory to the king our said lord, to the honor and exal-
tation of the crown, of its good fame, and to the special comfort
of his loyal lieges and to the fear of all his enemies and probably
to the perpetual profit of all his realm, to the honor and rever-
ence of God, and for the great affection and entire love that the
commons of the realm of England have for our said sovereign
lord the king, with the assent of the lords spiritual and temporal
assembled in the parliament held at Westminster the Monday
next after the feast of All Saints the year of the reign of our said
sovereign lord the king, third, grant to the same sovereign lord
the king, the i2th day of November, in the same parliament for
the defence of the realm, the subsidy on wool, leather and wool-
fells to be raised from the merchants denizens, for the subsidy of
each sack of wool 43 s. ^d., and of each 240 woolfells 43^. 4</. and
on each last of leather IOO.T. and from the alien merchants, on
each sack of wool 6os. and on each 240 woolfells, 6os. and on
each last of leather io6j. 8</. to take and receive from the feast
of St. Michael next to come for all the life of our said lord the
king to be disposed and used according to his very gracious wish
and discretion, for the defence aforesaid, provided always that
no grant be made to any one by our said sovereign lord the king
by his letters patent for life or for a term of years of the subsidy
aforementioned nor part of it. And if any such grant be made



184 English Constitutional Documents

it will be void and held for null and that this grant be not taken
as an example by the kings of England in time to come.

[There follows a grant of tunnage and poundage in terms nearly
identical with those of No. 114, but for the king's life.]



119. Government during the Minority of
Henry VI

(1422. Latin, French, and English original, $R. P. 174. Translation by
Editors. 3 Stubbs, 100. No. 33 illustrates parliamentary procedure.)

24. BE it remembered that on the twenty-seventh day of this
parliament, the tender state of our most revered lord king Henry
the Sixth after the conquest was considered, that he himself
cannot personally decide in these days in respect to the pro-
tection and defence of his English realm and English church.
The said lord king, fully confident of the prudence and diligence
of his very dear uncles, John duke of Bedford, and Humphrey