the authority of the said parliament, that the chancellor and treas-
urer of England for the time being and keeper of the king's privy
seal, or two of them, calling to him a bishop and a temporal lord
of the king's most honourable council, and the two chief justices
of the king's bench and common pleas for the time, being, or
other two justices in their absence, upon bill or information put to
the said chancellor for the king, or any other, against any person
for any misbehaving before rehearsed, have authority to call
before them by writ or privy seal the said misdoers, and them and
other by their discretions by whom the truth may be known to
Allegiance to a De Facto King not Treason 215
examine, and such as they find therein defective to punish them
after their demerits, after the form and effect of statutes thereof
made, in like manner and form as they should and ought to be
punished if they were thereof convict after the due order of the
law.
137. Allegiance to a De Facto King not
Treason
(1495. 1 1 Henry VII. c. i. 2 S. R. 568.)
THE king our sovereign lord, calling to his remembrance the
duty of allegiance of his subjects of this his realm, and that
they by reason of the same are bound to serve their prince and
sovereign lord for the time being in his wars for the defence
of him and the land against every rebellion, power and might
reared against him, and with him to enter and abide in service in
battle if the case so require ; and that for the same service what
fortune ever fall by chance in the same battle against the mind
and weal of the prince, as in this land some time past hath been
seen, that it is not reasonable, but against all laws, reason, and
good conscience that the said subjects going with their sovereign
lord in wars, attending upon him in his person or being in other
places by his commandment within this land or without, anything
should lose or forfeit for doing their true duty and service of
allegiance : it be therefore ordained, enacted and established by
the king our sovereign lord by the advice and assent of the lords
spiritual and temporal and the commons in this present parliament
assembled, and by authority of the same, that from henceforth no
manner of person nor persons, whatsoever he or they be, that
attend upon the king and sovereign lord of this land for the time
being in his person and do him true and faithful service of alle-
giance in the same, or be in other places by his commandment,
in his wars within this land or without, that for the said deed and
true duty of allegiance he or they be in no wise convict or attaint
of high treason nor of other offences for that cause by act of par-
liament or otherwise by any process of law, whereby he or any of
them shall lose or forfeit life, lands, tenements, rents, possessions,
hereditaments, goods, chattels or any other things, but to be for
that deed and service utterly discharged of any vexation, trouble
216 English Constitutional Documents
or loss ; and if any act or acts or other process of the law here-
after thereupon for the same happen to be made contrary to this
ordinance, that then that act or acts or other process of the law
whatsoever they shall be, stand and be utterly void.
II. Provided alway that no person nor persons shall take any
benefit or advantage by this act which shall hereafter decline from
his or their said allegiance.
138. An Act against Unlawful Retainers and
Liveries
(150! . 19 Henry VII. c. 14. 2 S. R. 658.)
*T^HE king our sovereign lord calleth to his remembrance that
- where before this time divers statutes, for punishment of
such persons that give or receive liveries, or that retain any per-
son or persons or be retained with any person or persons, with
divers pains and forfeitures in the same statutes comprised, have
been made and established, and that notwithstanding divers per-
sons have taken upon them some to give and some to receive
liveries and to retain and be retained contrary to the form of the
said statutes, and little or nothing is or has been done for the
punishment of the offenders in that behalf, wherefore our sover-
eign lord the king by the advice of the lords spiritual and tem-
poral and of the commons of his realm in this parliament being
and by the authority of the same, hath ordained, established and
enacted, that all his statutes and ordinances before this time made
against such as make unlawful retainers, and such as be so retained,
or that give or receive livery, be plainly observed and kept and
put in due execution.
II. And over that our said sovereign lord and king ordaineth,
establisheth and enacteth by the said authority, that no person of
what estate or degree or condition he be, by himself or any other
for him by his commandment or agreement or assent, privily or
openly give any livery or sign, or retain any person other than
such as he giveth household wages unto without fraud or colour, or
that he be his manual servant or his officer or man learned in one
law or in the other, by any writing, oath, promise, livery, sign,
badge, token, or in any other manner or wise unlawfully retain ;
and if any do the contrary that then he run and fall in the pain
and forfeiture for every such livery and sign, badge or token c. s.
Act against Unlawful Retainers and Liveries 217
and the taker and accepter of every such livery, badge, token, or
sign to forfeit and pay for every such livery and sign, badge, or
token so accepted c. s., and for every month that he useth
or keepeth such livery or sign, badge or token after that he hath
taken or accepted the same to forfeit and pay c. s., and every
person that by oath, writing or promise, or in any other wise
unlawfully retain privily or openly, and also every such person
that so is retained, to forfeit and pay for every such time c. s.,
and as well every person that so retaineth as every person that is
so retained to forfeit and pay for every month that such retainer
is continued c. s. And that every person that before the making
of this act by livery, sign, token, writing, badge, oath, promise
or otherwise unlawfully hath retained any person, or by reason
thereof is retained at the time of making of this act, contrary to
the premises, that as well every of them that keepeth any person
so in retainer as every person that so is and continueth so retained
shall forfeit to the king for every month, from the feast under-
written, that such retainer is continued, c. s.
VL Moreover the king our sovereign lord by the advice, assent
and authority aforesaid, hath ordained, established, and enacted,
that every person that will sue or complain before the chancellor
of England or the keeper of the king's great seal in the star
chamber, or before the king in his bench, or before the king and
his council attending upon his' most royal person wheresoever he
be, so that there be three of the same council at the least, of the
which two shall be lords spiritual or temporal, against any
person or persons offending or doing against the form of this
ordinance or any other of the premises, be admitted by their dis-
cretion to give information, and every such informer so admitted
shall be received to sue upon the said matter by information, and
that he be received and admitted to give such information or
informations before the said chancellor or keeper of the seal in the
star chamber or before the king in his bench or before the king
and his council aforesaid against as many such offenders as the
person that so shall inform will or shall name ; and that upon the
same all such persons be called by writ, subpoena, privy seal or
otherwise, and the said chancellor or keeper of the seal or the
king in his bench or the said council to have power to examine
all persons defendants and every of them, as well by oath as other-
wise, and to adjudge him or them convict or attaint as well by
such examination as otherwise in such penalties as is aforesaid as
2i 8 English Constitutional Documents
the case shall require ; and also shall charge by judgment in the
same such person or persons so convict or attaint to the person,
plaintiff or informer in all costs therein had, by the discretion of
him or them before whom he shall be so attainted or convicted ;
and also the same party, plaintiff or informer shall have such rea-
sonable reward of that that by his complaint shall grow to the
king as shall be thought reasonable by the discretion of the said
chancellor or keeper of the great seal, justices or council.
139. Reversal of Attainders
(I5of. 19 Henry VII. c. 28. 2 S. R. 669.)
THE king our sovereign lord, considering that divers and many
persons, whereof some of them and some of their ancestors
were and be attainted of high treason for divers offences by them
committed and done against their natural duty of their allegiance,
make and have made instant and diligent pursuit in their most
humble wise to His Highness of his mercy and pity to have the
said attainders reversed and the same persons so attainted to be
severally restored, that is to say Humphrey Stafford son to Hum-
phrey Stafford esquire, John Baynton son to Robert Baynton late
of Fallesdon in the county of Wiltes, Robert Ratclyff son to John
Ratclyff knight, late Lord Fytzwalter, Thomas Mountforde son
and heir to Simon Mountforde knight, Thomas Wyndham son to
John Wyndham knight, Thomas Tyrrell son to James Tyrrell knight,
John Charleton son to Richard Charleton knight, Charles Clyfforde
son and heir to Jane sister and heir to Thomas Courteney late Earl
of Devonshire, John Malory of Lynchebarowe in the county of
Northampton gentleman ; the king's Highness of his especial
grace, mercy and pity, being sorry for any such untruth and fall
of any of his subjects in such case, is therefore inclined to hear
and speed reasonably the said petitioners, so if there were con-
venient time and space in this present parliament, as yet is not,
for the great and weighty matters concerning the common weal
of this land treated in the same, and that the said parliament
draweth so near to the end, and that after the same His Highness
is not minded for the ease of his subjects without great, necessary
and urgent causes of long time to call and summon a new parlia-
ment, by which long tract of time the said suitors and petitioners
Reversal of Attainders 219
were and should be discomforted and in despair of expedition of
their suits, petitions and causes, unless convenient remedy for
them were pun-eyed in this behalf: wherefore and in considera-
tion of the premises the king's Highness is agreed and contented
that it be enacted by the lords spiritual and temporal and the com-
mons in this present parliament assembled and by authority of the
same, that the king's Highness, from henceforth during his life,
shall have plain and full authority and power by his letters patent
under his great seal, to reverse, annull, repeal and avoid all the
attainders of the said persons and every of them and the heirs
of every of them, and of all other persons and the heirs of such
persons and every of them as have been attainted of high treason
by act of parliament or by the common law, at any time from the
xxii day of August the first year of his most noble reign to the first day
of this present parliament ; and also of all persons attainted in and
by this present parliament ; and also of all other persons attainted
of treason at any time during the reign of King Richard the Third
as well by the course and order of the common law as by the
authority of parliament or otherwise : and furthermore the king's
Grace by his letters patents under his said great seal to have full
authority and power to restore the same persons so attainted and
their heirs and every of them and to enable them in name, blood
and inheritance as if the said attainders or any of them had never
been had nor made ; and that the said letters patent rehearsing
the said reversal, repeal, annullation and avoydance of the said
acts of attainder or any of them, and the restitutions and enable-
ments of the said persons or any of them, and the inheritance con-
tained in any of the king's said letters patent at any time hereafter
to be made according to the effect of this act, be as good, effectual
and available in the law to every of the same persons to whom
they shall be made according to the effect, tenor, purports, grants
and words in the same so made according to the effect of this
act, as if the same matters, words, tenors, and purports, con-
tained in any of the said letters patent so made, were fully enacted,
established and authorized by authority of parliament.
II. Provided alway that all persons that have or hold any
honours, castles, lordships, manors, lands, tenements, fees, offices,
annuities, fermes, rent charges, liberties, franchises, or other here-
ditaments or possessions, by the king's letters patent, privy seal,
placard or bills assigned, in fee simple, fee tail or for term of life
or of years or at will, or by letters patent made by King Edward
the IVth, shall have, hold and enjoy to them, their heirs and as-
signees, against such persons as so hereafter shall be restored and
21O English Constitutional Documents
their heirs and assignees and against all other to their use and
against none other persons, all the same honours, castles, manors,
lordships, lands, tenements, fees, offices, rents and other premises,
after the form, tenor and effect of the same letters patent, privy
seal, placard or bills assigned, as if this act or any such restitution
to them had never been had or made.
140. Grant of Two Aids
(I50| . 19 Henry VII. c. 32. 2 A 675.)
"PORASMUCH as the king our sovereign lord is rightfully entitled
-T to have two reasonable aids according to the laws of this land,
the one aid for the making knight of the right noble prince his
first begotten son Arthur late Prince of Wales deceased whose
soul God pardon, and the other aid for the marriage of the right
noble princess his first begotten daughter Margaret now married
unto the king of Scots ; and also that His Highness hath sus-
tained and borne great and inestimable charges for the defense of
this his realm, and for a firm and perpetual peace with the realm
of Scotland and many other countries and regions, to the great
weal, comfort and quietness of all his subjects ; the commons in
this present parliament assembled, considering the premises, and
that if the same aids should be either of them levied and had by
reason of their tenures according to the ancient laws of this land,
should be to them doubtful, uncertain and great inquietness for
the search and non knowledge of their several tenures and of their
lands chargeable to the same, have made humble petition unto
His Highness graciously to accept and take of them the sum of
xl M 1 li. as well in recompense and satisfaction of the said two
aids, as for the said great and inestimable charges which His
Grace hath "sustained and borne as is aforesaid, to the weal,
surety and comfort perpetual of them, their heirs and successors ;
upon the which petition and offer so made His Grace benignly
considering the good and loving mind of his subjects and to
eschew and avoid the great vexations, troubles and unquietness
which to them should have ensued if the said aids were levied,
received and taken after the ancient laws and form, as the said
commons in their said petition have considered, and also calling
to his most noble remembrance the good and acceptable services
that the nobles of this realm and other his faithful and true sub-
Grant of Two Aids 221
jects of the same in their own personages and otherwise have
done to His Grace, and thereby sustained manifold costs and
charges to his great honour and pleasure, and also to the common
weal of this his realm, of his mere motion and abundant grace,
and for the tender zeal and love that His Highness beareth to his
said nobles and subjects, hath remitted, pardoned and released,
and by this present act doth remit, pardon and release unto his
said nobles and all his said subjects in any wise chargeable or
contributory to the said aids or either of them or any part of
them, and to their heirs, executors and successors, all his right,
title and interest which His Grace hath or in any wise may or
ought to have by reason of the said two aids or either of them ; and
also His Grace holdeth him right well pleased with the said loving
offer and grant of his subjects by them so made for his great and
inestimable costs and charges by His Highness borne and sustained
as is above said ; and over this of his more ample grace and pity,
that the poor people of his commons of this his land should not in
any wise be contributory or chargeable to any part of the said
sum of xl M 1 li. but to be thereof discharged, hath pardoned, re-
mitted and released the sum of x M. li., parcel of the said sum of
xl M. li., and is content to accept and take of them the sum of
xxx M. li. only in full recompense and satisfaction of and for all
the premises ; which sum of xxx M. li. it is enacted, ordained
and established by the authority of this present parliament to be
ordered, assessed, levied, paid, and had after the manner and
form ensuing that is to say : that every shire within this realm
shall bear and pay such sums of money assessed upon every of the
said shires as here under in this act particularly it doth appear ;
and that the cities and boroughs, towns and places, being within
every shire, not by themselves accountable in the king's exchequer
for xv me> and x me> , be chargeable with the said shires to the sat-
isfaction and payment of the said sum of xxx M 1 li. ; and all
cities, boroughs and towns, not contributory nor chargeable with
shires and accountable by themselves in the said exchequer for
any xv me and x me , shall be charged toward the contenting and
satisfaction of the said sum of xxx M 1 li. with like and such sums
of money as also hereunder in this act particularly it doth appear ;
and that to the payment of the said sum of xxx M 1 li ; every
person or persons having lands or tenements or other heredita-
ments or possessions, in lands or tenements in fee simple, fee tail,
freehold at will after the custom of the manor, ward, execution
or ancient demesne, within any of the said cities, shires, towns or
boroughs to the yearly value of xx t! s. of free charter land or of
222 English Constitutional Documents
xxvi s. viii d. of land holden at will above all charges, whereof
they or any of them be seised or possessed or any other person
or persons to the use of them or any of them, and not therewith
chargeable with spiritual dismes, or any person or persons having
goods or chattels to their proper use to the value of x marcs and
above, not accounting their cattle for their plough nor their neces-
sary stuff and implements of household, shall for the same be
chargeable for the payment of the said sum of xxx M 1 li. ; and
none other persons of less substance in lands and goods; and
that such x marcs of goods shall be seised and chargeable with
like and equal sums rateable at xx s. of freehold or xxvi s. viii d.
of copyhold in every shire, city and borough and in no other
form : which sum of xxx M 1 li. to be levied in the said shires
shall be ordered and assessed by the discretion of the commis-
sioners in this act named, before the feast of Saint Michael the
Archangel next coming, or four of them at the least, calling to them
other discreet persons dwelling within the said shires such as they
shall think necessary which shall give unto them their advice and
assistance for the execution of the premises ; and in every of the
said cities, boroughs and towns which are accountable by them-
selves in the exchequer as is aforesaid for the levying of such sums
as they shall be chargeable with for the said sum of xxx M 1 li. to
be ordered and assessed by the mayors, justices of peace, sheriffs,
bailiffs and other head officers of the same cities, boroughs or
towns or four of them at the least, calling to them other discreet
persons dwelling within the said cities, boroughs and towns as they
shall think necessary which shall give to them their advice and
assistance for execution of the premises ; and that all persons be
charged and bound by the said ordering and assessing according
to the effect of the same, the said sum of xxx M 1 li. to be paid to
our said sovereign lord the king in this exchequer by the collec-
tors to be assigned for the gathering and collection of the same
at the feast of Saint Andrew next coming ; and the said sums of
the said xxx M 1 li. in form afore rehearsed or ordered and as-
sessed, as well the said commissioners in the said shires or four of
them at the least, as in the said cities and boroughs or four of them
at the least, shall name collectors for the levy of the same, and
certify under their seals the names of the said collectors into the
king's exchequer before the feast of All Saints next coming ; and
that the collectors to be named and assigned to gather and levy
the said sum of xxx M 1 li. shall have full authority and power,
after eight days next ensuing the said assessing, to levy and gather
the same and for non payment thereof to distrain, take, apprise
Benefit of Clergy denied to Murderers 223
indifferently and sell as much of the goods and chattels of every
person within the shires, cities or boroughs where they shall be
collectors as shall "serve for the payment of such sum or sums of
money which every of them shall be ordered and assessed to pay,
not charging any person but only for the sum upon him assessed ;
and for non payment of any sum of money ordered and assessed
in form aforesaid on every person that it shall be lawful to the
said collectors to distrain, take and apprise indifferently and sell
as much of the said goods and chattels of the farmers and tenants
of any of the same persons so assessed not paying as shall serve
for the payment of such sums of money as shall upon the said
persons not making payment be ordered or assessed ; and that
no person or persons be distrained or his goods or chattels taken
for any sum upon him ordered or assessed, but after such rate
and in such towns, cities, boroughs and places where his lands
or his goods be for the which he is assessed ; also that the said
commissioners in every shire or four of them at the least, shall by
writing indented under their seals deliver to the collectors of the
said sum of xxx M 1 li. within eight days next after the said assess-
ing, the names and sums of every person which they shall be
appointed and limited to gather by the said writing.
141. Benefit of Clergy denied to Murderers
(1512. 4 Henry VIII. c. 2. 3 S. R. 49.)
"1 1 /"HEREAS robberies, murders and felonies daily increase more
W and more, and are committed and done in more heinous,
open and detestable wise than hath been often seen in times
past, and the persons so offending little regard the punishment
thereof by the course of the common law nor by reason of any
statute heretofore made, but bear them bold of their clergy and
imagining and pleading of feigned and untrue foreign pleas triable
in foreign counties to the intent to be removed from place to place
by colourable and untrue suggestions, and for to be untruely acquit
by favor, might and corruption so that they live in manner with-
out fear or dread ; for reformation whereof and for the common
wealth of this realm and for to put the said murderers, felons
and offenders in more fear and dread so to offend ; be it ordained,
established and enacted by the king our sovereign lord, the lords
224 English Constitutional Documents
spiritual and temporal and the commons in this present parlia-
ment assembled and by the authority of the same, that all person
or persons hereafter committing murder or felony in any church,
chapel or hallowed place, or of and upon malice prepense rob or
murder any person or persons in the king's highway, or else rob
or murder any person in his house the owner or dweller of the
house, his wife, child or servant then being therein and put in
fear or dread by the same, that such person or persons so offend-
ing be not from henceforth admitted to his or their clergy, such
as are within holy orders only except.
142. Act in Strode's Case
(1512. 4 Henry VIII. c. 8. 3^.^.53.)
II. * * * AND over that be it enacted by the said authority
that all suits, accusations, condemnations, executions, fines, amerci-
aments, punishments, corrections, grievances, charges and imposi-