land justices should be assigned of the most worthy of the same
counties, to keep the peace, and to do other things, as in the
same statutes fully is contained; which statutes notwithstanding,
now of late in many counties of England, a greater number have
been deputed and assigned, than before this time were wont to
be, whereof some be of small substance, by whom the people will
not be governed nor ruled, and some for their necessity do great
extortion and oppression upon the people, whereof great incon-
veniences be likely to rise daily if the king thereof do not provide
remedy : the king willing against such inconveniences to provide
remedy, hath ordained and established, by authority aforesaid,
that no justice of peace within the realm of England, in any
county, shall be assigned or deputed, if he have not lands and
tenements to the value of XX pounds by year; and if any be
ordained hereafter to be justice of peace in any county, which
hath not lands and tenements to the value aforesaid, that he thereof
shall notify the chancellor of England for the time being, which
shall put another sufficient in his place; and if he give not the
said notification as before, within a month after that he hath
notice of such commission, or if he sit, or make any warrant or
precept by force of such commission, he shall incur the penalty
of XX pounds and nevertheless be put out of the commission as
before and the king shall have one half of the said penalty, and
he that will sue for the king, the other half; and he that will so
sue for the king, and for himself, shall have an action to demand
Attainder of John Cade 195
the same penalty by writ of debt at the common law. Provided
always, that this ordinance shall not extend to cities, towns, or
boroughs, which be counties incorporate of themselves; nor to
cities, towns, or boroughs which have justices of peace of persons
dwelling in the same by commission or grant of the king, or of
his progenitors : provided also, that if there be not sufficient per-
sons having lands and tenements to the value aforesaid, learned
in the law, and of good governance, within any such county, that
the chancellor of England for the time being shall have power to
put other discreet persons learned in the law, in such commis.-
sions, though they have not lands and tenements to the value
aforesaid, by his discretion.
125. Qualifications of Knights of the Shire
(1445. French text and translation, 2 S. R. 342. 3 Stubbs, 265, 427.)
14. * * * So that the knights of the shire for the parliament
thereafter to be chosen, shall be notable knights of the same
counties for the which they shall so be chosen, or otherwise such
notable esquires, gentlemen of birth of the same counties, as
shall be able to be knights; and no man to be such knight which
standeth in the degree of a yeoman and under.
126. Attainder of John Cade
(1450. French text and translation, 2 S. R. 357.)
i. FIRST, whereas the false traitor John Cade, naming himself
John Mortimer, late called Captain of Kent, the viii day of
July, the xxviii year of the reign of our said sovereign lord the
king at Southwark, in the county of Surrey, and the ix day of
July, the aforesaid year at Dertford and Rochester in the county
of Kent, also at the town of Rochester aforesaid, and elsewhere,
the x and xi day of July then next ensuing, within the realm of
England, falsely and traitorously imagined the king's death,
196 English Constitutional Documents
destruction and subversion of this realm, in gathering and levying
a great number of the king's people, and them exciting to make
insurrection against the king, falsely and traitorously in the places
aforesaid, and at the times before recited, against the king's
royalty, crown, and dignity; and there and then made and levied
war falsely and traitorously against the king and his highness;
and howbeit though he be dead and mischieved, yet by the law
of the land not punished : our said sovereign lord the king con-
sidering the premises, to put such traitors in doubt so to do in
time coming, and for salvation of himself and of his realm, by
advice of his lords spiritual and temporal in the said parliament
assembled, and at the request of his commons, hath ordained by
the authority of the said parliament, that he shall be of these
treasons attainted; and that by the same authority he shall forfeit
to the king all his goods, lands and tenements, rents and posses-
sions, which he had the said eighth day of July, or after, and his
blood corrupt, and disabled forever, and to be called a false
traitor within the said realm forever.
127. Privilege of Members from Arrest:
Clerk's Case
(1460. Latin and English original, 5 R. P. 374. Translation by Editors.
3 Stubbs, 515.)
9. ITEM, a certain other petition was presented to our said
lord the king, in the said parliament, through the said commons,
according to the tenor which follows :
To the king our sovereign lord, pray the commons, forasmuch
that great delay hath been in this parliament, by this that Walter
Clerk, burgess of Chippenham in the shire of Wiltes, which came
by your high commandment to this your present parliament, and
attended to the same in the house for the commons accustomed,
the freedom of which commons so called, hath ever afore this
time been and ought to be, that the same commons have free
coming, going, and their abiding; against which freedom, the
said Walter was, after his said coming, and during this your pres-
ent parliament, arrested at your suit, for a fine to be made to
your Highness, and imprisoned in the counter of London, and
from thence removed into your exchequer, and then committed
Privilege of Members from Arrest 197
into your prison of Fleet, as well for xl pounds in which he was
condemned to your Highness, and also for xx marks, in which
he was condemned to Robert Basset, in an action of trespass,
and also for xx pounds in which he was condemned to John
Payne, in an action of maintenance, and for the fines due to your
Highness in the same condemnation; and since that committing,
the said Walter was outlawed at the suit of the said John Payne,
and for that and other premises, in the same prison of Fleet is
retained, against the liberties and freedoms used, had and enjoyed
afore this time by your said commons.
Please it your Highness, in eschewing the said delay caused
by the premises, by the advice and assent of the lords spiritual
and temporal in this present parliament assembled, and by
authority of the same, to ordain and establish, that your chan-
cellor of England have power to direct your writ or writs, to the
warden of the said prison of Fleet, commanding him by the
same, to have the said Walter before him without delay, and
then to dismiss him at large, and to discharge the said warden of
him, of and for every of the premises, so that the said Walter
may attend daily of this your parliament, as his duty is to do.
And that by the said authority, neither your said chancellor, war-
den of Fleet, nor any other person nor persons, in any wise be
hurt, endamaged nor grieved, because of the said dismissing at
large of the said Walter. Saving alway, as well to you, sovereign
lord, your execution of your said xl pounds, and of your said fine,
and all your other interest in that party, as to the said Robert
Basset, and John Payne, and each of them, their execution in the
premises, after the dissolving of this your present parliament, the
said arrest of the said Walter, and the said committing and pris-
oning of him to ward notwithstanding, as fully and effectually,
as if the same Walter at any time for any of the premises never
had been arrested, nor committed to ward. Saving also to your
said commons called now to this your parliament, and their suc-
cessors, their whole liberties, franchises and privileges, in as
ample form and manner, as your said commons at any time before
this day have had, used and enjoyed, and ought to have, use and
enjoy, this present act and petition in any wise notwithstanding.
Which said petition having been read, heard, and fully under-
stood in the said parliament, by the advice and assent of the
lords spiritual and temporal being in the said parliament, and at
the request of the said commons, response was made to the same
in the following form : The king wills it.
198 English Constitutional Documents
128. Recognition of the Duke of York as
Heir to the Throne
(1460. English original, 5 R. P. 375. 3 Stubbs, 190.)
10. MEMORANDUM, that the xvi day of October, the ix day of
this present parliament, the council of the right high and mighty
prince Richard duke of York, brought into the parliament cham-
ber a writing, containing the claim and title of the right, that the
said duke pretended unto the crowns of England and of France,
and lordship of Ireland, and the same writing delivered to the
right reverend father in God George bishop of Exeter, chancel-
lor of England, desiring him that the same writing might be
opened to the lords spiritual and temporal assembled in this
present parliament, and that the said duke might have brief and
expedient answer thereof : whereupon the said chancellor opened
and showed the said desire to the lords spiritual and temporal,
asking the question of them, whether they would the said writing
should be openly read before them or no. To the which question
it was answered and agreed by all the said lords: inasmuch as
every person high and low, suing to this high court of parliament,
of right must be heard, and his desire and petition under-
stood, that the said writing should be read and heard, not to be
answered without the king's commandment, forasmuch as the
matter is so high, and of so great weight and poise Which
writing there then was read; the tenor whereof followeth, in
these words:
1 8. Item, the Saturday, the xvii day of this present parlia-
ment, it was showed unto the lords spiritual and temporal being
in this present parliament, by the mouth of the said chancellor,
that the said duke of York called busily to have hasty and speedy
answer of such matters as touched his title abovesaid; and how
that forasmuch as it is thought by all the lords, that the title of
the said duke cannot be defeated, and eschewing of the great
inconveniencies that may ensue, a means was found to save the
king's honor and estate, and to appease the said duke, if he
would; which is this: that the king shall keep the crowns, and
his estate and royal dignity, during his life; and the said duke
and his heirs to succeed him in the same : exhorting and stirring
all the said lords, that if any of them could find any other or
better means, that it might be showed. Whereupon, sad and
Recognition of the Duke of York 195,
ripe communication in this matter had, it was concluded and
agreed by all the said lords; that since it was so, that the title
of the said duke of York cannot be defeated, and in eschewing
the great inconveniencies that might ensue, to take the means
above rehearsed, the oaths that the said lords had made unto the
king's Highness at Coventry, and other places saved, and their
consciences therein cleared. And over that, it was agreed by
the said lords, that the said means should be opened and declared
to the king's Highness. And forthwith they went to the king,
where he was in his chamber within his palace of Westminster.
And in their going out of the parliament chamber, the said chan-
cellor asked of the said lords, that since it was so, that the said
means should be opened by his mouth to the king's good grace,
if they would abide by him howsoever that the king took the
matter; and they all answered and said yea.
All these premises thus showed and-opened to the king's High-
ness, he, inspired with the grace of the Holy Ghost, and in
eschewing of effusion of Christian blood, by good and sad delib-
eration and advice had with all his lords spiritual and temporal,
condescended to accord to be made between him and the said
duke, and to be authorized by the authority of this present par-
liament. The tenor of which accord hereafter ensueth, in
manner and form following :
19. Blessed be Jesus, in whose hand and bounty resteth and
is the peace and unity betwixt princes, and the weal of every
realm, through whose direction agreed it is, appointed and
accorded as followeth, betwixt the most high and most mighty
prince King Henry the Sixth, king of England and of France,
and lord of Ireland, on the one part, and the right high and
mighty prince Richard Plantagenet duke of York, on the other
part, upon certain matters of variance moved betwixt them, and
in especial upon the claim and title unto the crowns of England
and of France, and royal power, estate, and dignity, appertain-
ing to the same, and lordship of Ireland, opened, showed and
declared by the said duke, before all the lords spiritual and tem-
poral being in this present parliament: the said agreement, ap-
pointment and accord, to be authorized by the same parliament.
20. The said title nevertheless notwithstanding, and without
prejudice of the same, the said Richard duke of York, tenderly
desiring the weal, rest and prosperity of this land, and to set
apart all that might be trouble to the same; and considering the
2oo English Constitutional Documents
possession of the said king Henry the Sixth, and that he hath foi
his time been named, taken and reputed king of England and of
France, and lord of Ireland; is content, agreed and consenteth,
that he be had, reputed and taken, king of England and of
France, with the royal estate, dignity and pre-eminence belong-
ing thereto, and lord of Ireland, during his life natural; and for
that time, the said duke without hurt or prejudice of his said
right and title, shall take, worship and honor him for his
sovereign lord.
21. Item, the said Richard duke of York, shall promise and
bind him by his solemn oath, in manner and form as followeth :
In the name of God, Amen. I Richard duke of York, promise
and swear by the faith and truth that I owe to almighty God, that
I shall never do, consent, procure or stir, directly or indirectly,
privily or openly, nor as much as in me is and shall be, suffer to
be done, consented, procured or stirred, anything that may be
or tend to the abridgement of the natural life of king Henry the
Sixth, or to the hurt or diminishing of his reign or royal dignity,
by violence or any other wise, against his freedom and liberty;
but that if any person or persons, would do or presume anything
to the contrary, I shall with all my power and might withstand
it, and make it to be withstood as far as my power will stretch
thereunto; so help me God, and these holy evangelists.
Item, Edward earl of March, and Edmund earl of Rutland, the
sons of the said Richard duke of York, shall make like oath.
22. Item, it is accorded, appointed and agreed, that the said
Richard duke of York, enjoy, be entitled, called and reputed
from henceforth, very and rightful heir to the crowns, royal
estate, dignity and lordship abovesaid; and after the discease of
the said king Henry, or when he will lay from him the said
crowns, estate, dignity and lordship, the said duke and his heirs,
shall immediately succeed to the said crowns, royal estate,
dignity and lordship.
24. Item, if any person or persons, imagine or compass the
death of the said duke, and thereof proveably be attaint of open
deed done by folks of their condition, that it be deemed and
adjudged high treason.
25. Item, for the more establishing of the said accord, it is
appointed and consented, that the lords spiritual and temporal
being in this present parliament, shall make oaths to accept,
take, worship and repute, the said Richard duke of York, and
Recognition of the Duke of York 201
his said heirs, as above is rehearsed; and keep, observe and
strengthen as much as appertaineth unto them, all the things
abovesaid, and resist to their power all them that will presume
the contrary, according to their estates and degrees.
26. Item, the said Richard duke of York, earls of March and
Rutland, shall promise and make oath, to help, aid and defend
the said lords, and every of them, against all those that will
quarrel, or anything attempt against the said lords, or any of
them ; by occasion of agreement or consenting to the said accord,
or assistance giving to the said duke and earls, or any of them.
Item, it is agreed and appointed, that this accord, and every
article hereof, be opened and notified by the king's letters patents
or otherwise, at such times and places, and in manner, as it shall
be thought expedient to the said Richard duke of York, with the
advice of the lords of the king's council.
27. The king, understanding certainly the said title of the
said Richard duke of York, just, lawful, true and sufficient, by
the advice and assent of the lords spiritual and temporal, and
commons, in this parliament assembled, and by authority of the
same parliament, declareth, approveth, ratifieth, confirmeth and
accepteth the said title, just, good, lawful and true, and there-
unto giveth his assent and agreement, of his free will and libeny.
And over that, by the said advice and authority declareth, entitl-
eth, calleth, established, affirmeth and reputeth the said Richard
duke of York, very, true and rightful heir to the crowns, royal
estate, and dignity of the realms of England and of France, and
of the lordship of Ireland aforesaid; and that according to the
worship and reverence that thereto belongeth, he be taken,
accepted and reputed, in worship and reverence, by all the estates
of the said realm of England, and of all his subjects hereof : sav-
ing and ordaining by the same authority, the king to have the
said crowns, realms, royal estate, dignity and pre-eminence of
the same, and the said lordship of Ireland, during his life natural.
And furthermore, by the same advice and authority, willeth, con-
senteth and agreeth, that after his discease, or when it shall please
his Highness to lay from him the said crowns, estate, dignity
and lordship, or thereof ceaseth : the said Richard duke of York
and his heirs, shall immediately succeed him in the said crowns,
royal estate, dignity and lordship, and them then have and enjoy,
any act of parliament, statute, ordinance, or other thing to the
contrary made, or interruption or discontinuance of possession,
notwithstanding. And moreover, by the said advice and au-
thority, stablisheth, granteth, confirmeth, approveth, ratifieth
2O2 English Constitutional Documents
and accepteth the said accord, and all things therein contained,
and thereunto freely and absolutely assenteth and agreeth.
And by the same advice and authority, ordaineth and establish-
eth, that if any person or persons, imagine or compass the death
of the said duke, and thereof proveably be attaint of open deed
done by folks of their condition, that it be deemed and adjudged
high treason.
28. And furthermore ordaineth, granteth and stablisheth, by
the said advice and authority, that all statutes, ordinances and
acts of parliament, made in the time of the said king Henry the
Fourth, by the which he and the heirs of his body coming, or
Henry late king of England the Fifth, the son and heir of the
said king Henry the Fourth, and the heirs of the body of the
same king Henry the Fifth coming, were or be inheritable to
the said crowns and realms, or to the heritage or enheritement
of the same, be annulled, repelled, revoked, dampned, cancelled,
void, and of no force or effect : * * *
129. Act declaring Valid Acts of Lancastrian
Kings
(1461. French text and translation, 2 S. R. 380. 3 Stubbs, 2OI.)
EDWARD, by the grace of God king of England and of
France, and lord of Ireland, the fourth after the conquest :
to the honor of God and of Holy Church, to nourish peace, unity,
and concord within his realm of England, which he most entirely
desireth, by the advice and assent of the lords spiritual and
temporal of the same realm, and at the special request of the
commons of his said realm come and assembled at his first par-
liament holden at Westminster upon the fourth day of Novem-
ber, in the first year of his reign, and by authority of the same
parliament, hath caused to be ordained and established certain
statutes, declarations, and ordinances, in manner and form
following.
i. First, that in eschewing of ambiguities, doubts, and diver-
sities of opinions, which may rise, ensue, or be taken of and upon
acts judicial, and exemplifications of the same, made or had in
the time or times of Henry the Fourth, Henry the Fifth his son,
and Henry the Sixth his son, late kings of England successively,
Act declaring Valid Acts of Lancastrian Kings 203
in deed and not of right; our said lord the king, by the advice
and assent of the lords spiritual and temporal, and at the request
of the said commons in the said parliament assembled, and by
authority of the same, hath declared, established, and enacted
in the said parliament, that all fines, and final concords, levied
or made of any lands, tenements, possessions, rents, inheritances,
or other things, and all acts judicial, recoveries, and processes,
determined or commenced, not revoked, reversed nor annulled,
made or had in any court or courts of record, or any court or
courts holden in any of the times of the pretensed reigns of any
of the said late kings, in deed and not in right, other than by
authority of any parliament holden in any of their times, and
exemplifications of the said fines, acts judicial, and recoveries,
out of any of the said parliaments, and every of them, shall be of
all such force, virtue, and effect, as if the said fines, final con-
cords, acts, recoveries, processes, and other the premises, had or
made out of any of the said parliaments, and exemplifications of
the same, had been commenced, sued, had or determined in the
time of any king lawfully reigning in this realm, and obtaining
the crown of the same by just title.
And also that all letters patents made by any of the pretensed
kings to any person or persons, of creation, insignicion or erec-
tion of any of them, to any estate, dignity or pre-eminence, shall
be to the said person or persons, and to such of their heirs which
be contained in the same letters patents, of such force, avail and
effect, as touching such creation, insignicion or erection, as if
the same letters patents had been made or granted to any of them
by any king lawfully reigning in this realm and obtaining the
crown of the same by just title; and that they being so created,
insigned or erected, shall have new grants of the king of their
annuities for the maintenance of their estates, as hath been of
old time accustomed ; except such persons, and every of them,
whom our sovereign lord the king reputeth and holdeth for his
rebels or enemies.
204 English Constitutional Documents
130. Treaty of Commerce with Burgundy
(November, 1467. French original, II Rymer, 592-594, 598. Trans-
lation by Editors. This treaty was renewed with some modifications 12
July, 1478, 2 January, 1487, and 24 February, 1496 (12 Rymer, 578).
This last is known as the Intercursus Magnus.}
FIRST, that all merchants as well of the realm of England, of
Ireland, and of Calais, as the merchants of the duchy,
county and country of Brabant, of Flanders, the town and lord-
ship of Mechlin and the other countries of our said cousin the
duke, be they merchants of wools, leathers, of provisions or of
any other merchandise, their factors and servants shall be able to
travel securely by land, on foot, on horseback or otherwise and
in passing in and beyond the waters of Gravelines and of
Calais to Brabant, Flanders, Mechlin and other countries above
mentioned, and from Brabant, Flanders, Mechlin and the other
countries above mentioned to Calais, together with the goods and
merchandise, to take their way between the sea and the castles
of Mark and of Oye and to trade one with the other in all kinds
of merchandise, provisions and other things, * * * except armor,
artillery, cannon, powder, and other things made similarly and
for hostile purposes.
And that the said merchants, their factors and servants shall be
able, each of them to whom it shall be necessary, to buy and to
have provisions freely of those of the other part, and to carry
them by land in and beyond the waters aforesaid, one to the
other; that is to say, those of England and the rest of the coun-
try of England (by which we mean Ireland and Calais) in to
Flanders to Mechlin, and the other aforesaid countries; and