dominion be subject, that they do not at any time hereafter im pose, or by any means assess any tallages, payments, impositions, tributes, or other burdens whatsoever, upon the monasteries, priories, or other religious houses in subjection unto them as is aforesaid; and that upon forfeiture of all that they have in their power, and can forfeit in future."

4. And further, our lord the king hath ordained and established that the abbots of the orders of Cistercians and Premonstratensians, and other religious orders, whose seal hath heretofore been used to remain only in the custody of the abbot, and not of the convent, shall hereafter have a common seal, and shall deposit the same in the custody of the prior of the monastery or house, and four of the most worthy and discreet men of the convent of the same house, to be laid up in safe keeping under the private seal of the abbot of the same house; so that the abbot, or superior of the house which he doth govern, shall by no means be able of himself to establish any contract or obligation, as heretofore he hath used to. And if it fortune hereafter, that writings obligatory of donations, purchases, sales, alienations, or of any other contracts, be found sealed with any other seal than such a common seal kept as is aforesaid, they shall be adjudged void and of no force in law. But it is not the meaning of our lord the king to exclude the abbots, priors, and other religious, aliens, by the ordinances and statutes aforesaid, from executing their office of visitation in his kingdom and dominion; but they may visit at their pleasures, by themselves or others, the monasteries and other places in his kingdom and dominion in subjection unto them, according to the duty of their office, in those things only that belong to regular observation and the discipline of their order. Provided, that they which shall execute this office of visitation, shall carry, or cause to be carried out of his kingdom and dominion, none of the goods or things of such monasteries, priories, and houses, saving only their reasonable and competent charges.

And though the publication and open notice of the ordinances and statutes aforesaid was stayed in suspense, for certain causes, since the last parliament, until this present parliament holden at Carlisle in the octaves of Saint Hilary, in the five and thirtieth year of the reign of the same king Edward, and to the intent that they might proceed with greater deliberation and advice; our lord the king, after full conference and debate had with his earls, barons, nobles, and other great men and the commons of his kingdom, touching the premises, by their whole consent and agreement hath ordained and enacted, that the ordinances and statutes aforesaid,

under the manner, form, and conditions aforesaid, from the first day of May next ensuing, shall henceforward be inviolably observed and available for ever, and the offenders of them shall thenceforth be subjected to the pains prescribed.

(October, 1311. French text and translation, 1 S. R. 157. 2 Stubbs, 344. The original ordinances form the first six articles of the New Ordinances.)

E

'DWARD by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to all to whom these letters shall come, Greeting. Know ye that whereas on the sixteenth day of March, in the third year of our reign, to the honor of God, and for the weal of us and of our realm, we did grant of our free will by our letters patent to the prelates, earls, and barons of our said realm, that they might choose certain persons of the prelates, earls, and barons, whom they should see fit to call unto them; and we did also grant, by the same letters, to those who should be chosen, whosoever they should be, by the said prelates, earls, and barons, full power to order the state of our household, and of our realm before mentioned, : and the honorable father in God Robert, by the grace of God archbishop of Canterbury, primate of all England, the bishops, earls, and barons thereunto chosen, by virtue of our said letters, have ordained upon the said matters in the form which followeth :

Forasmuch as by bad and deceitfull counsel our lord the king and all his subjects, are dishonored in all lands; and moreover the crown hath been in many points abased and dismembered, and his lands of Gascony, Ireland, and Scotland on the point of being lost, if God do not give amendment; and his realm of England upon the point of rising, on account of oppressions, prises, and destructions; the which things being known and shown, our lord the king, of his free will hath granted to the prelates, earls, and barons, and to the other good people of his realm, that certain persons should be chosen to order and establish the state of his household and of his realm, as more fully appears by the commission of our lord the king thereof made: Wherefore we, Robert, by the grace of God archbishop of Canterbury, primate of all England, the bishops, earls, and barons chosen by virtue of the said commission, do ordain, to

the honor of God and of holy Church, and to the honor of the king and of his realm, in the manner which followeth :

4. Moreover, it is ordained, that the customs of the realm be kept and received by people of the realm, and not by aliens; and that the issues and profits of the same customs, together with all other issues and profits of the realm arising from any matters whatsoever, shall come entirely to the king's exchequer, and by the treasurer and the chamberlains shall be delivered, to maintain the household of the king, and otherwise to his profit, so that the king may live of his own, without taking prises other than those anciently due and accustomed; and all others shall cease.

9. Forasmuch as the king ought not to undertake deed of war against any one, nor to go out of his realm, but by common assent of his baronage, for the many perils that may happen to him and his realm, we do ordain, that the king henceforth shall not go out of his realm, nor undertake against any one deed of war, without the common assent of his baronage, and that in parliament. And if he otherwise do, and upon such enterprise cause to be summoned his service, such summons shall be for none; and if it happen that the king undertake deed of war against any one, or go out of the realm, with the assent of his said baronage, and it be necessary that he appoint a guardian in his realm, then he shall appoint him with the common assent of his baronage, and that in parliament.

11. Also, new customs have been levied, and the old enhanced, as upon wools, cloths, wines, avoir de pois, and other things, whereby the merchants come more seldom, and bring fewer good into the land, and the foreign merchants abide longer than they were wont to do, by which abiding things become more dear than they were wont to be, to the damage of the king and his people; we do ordain, that all manner of customs and imposts levied since the coronation of king Edward, son of king Henry, be entirely put out, and altogether extinguished for ever, notwithstanding the charter which the said king Edward made to the merchants aliens, because the same was made contrary to the Great Charter and the franchise of the city of London, and without the assent of the baronage; and if any, of whatsoever condition he be, do take or levy any thing beyond the ancient

customs due and rightful, or make disturbance, whereby the merchants cannot of their goods do their will, and therof be attainted, there shall be awarded to the plaintiffs their damages, having regard to the purchase, to the suit, to the costs and losses which they shall have had, and to the violation of the Great Charter; and the trespasser shall be imprisoned according to the quantity of the trespass, and according to the discretion of the justices, and he shall never be in the king's service; saving nevertheless to the king the customs of wools, woolfells, and leather; that is to say, for each sack of wool, half a mark, and for three hundred woolfells, half a mark, and for a last of leather, one mark, if the goods be liable thereto: and henceforth merchants strangers shall come, abide, and go according to the ancient customs, and according to that which of old they were wont to do.

14. And forasmuch as many evils have come to pass by such counsellors and such ministers, we do ordain that the king do make the chancellor, chief justice of the one bench and the other, the treasurer, the chancellor and chief baron of the exchequer, the steward of his household, the keeper of his wardrobe, and comptroller and a fit clerk to keep the privy seal, a chief keeper of the forests on this side of Trent, and another on the other side of Trent, and also an escheator on this side of Trent and another on the other side of Trent, and the chief clerk of the king in the common bench, by the counsel and assent of his baronage, and that in parliament; and if it happen by any chance, that it be expedient to appoint any of the said ministers before there be a parliament, then the king shall appoint thereto by the good counsel which he shall have near him, until the parliament. And so it shall henceforth be done of such ministers when need shall be.

17. Moreover we do ordain, that the sheriffs be from henceforth appointed by the chancellor, the treasurer, and the others of the council who shall be present; and if the chancellor be not present, they shall be appointed by the treasurer and barons of the exchequer, and by the justices of the bench, and that such be appointed and made who are fit and sufficient and who have lands and tenements whereof they can answer to the king and to the people for their deeds, and that no other than such be appointed, and that they have their commission under the great seal.

29.

: We do ordain, that the king shall hold a parliament once in the year, or twice, if need be, and that in a convenient place:

32. Forasmuch as the law of the land and common right are often delayed, by letters issued under the king's privy seal, to the great grievance of the people, we do ordain, that from henceforth the law of the land and common right be not delayed nor disturbed by letters of the said seal; and if any thing be done in any of the places of the court of our lord the king, or elsewhere, by such letters issued under the privy seal against right or the law of the land, it shall avail nothing, and be holden for none.

* Given at London, the fifth day of October, in the fifth year of our reign.

52. Articuli Cleri

(November, 1316. Latin text and translation, 1 S. R. 171. 2 Stubbs, 356.)

TH

HE king to all to whom, &c., Greeting. Understand ye, that whereas * and of late in our parliament holden at Lincoln, the ninth year of our reign, we caused the articles underwritten, with certain answers made to some of them heretofore, to be rehearsed before our council, and made certain answers to be corrected; and to the residue of the articles underwritten, answers were made by us and our council; of which said articles, with the answers of the same, the tenors here ensue.

6. Also if any cause or matter, the knowledge whereof belongeth to a court spiritual, and shall be definitively determined before a spiritual judge, so that it pass into a judgment, nor was not in suspense by an appeal; and after, if upon the same thing a question is moved before a temporal judge between the same parties, and it be proved by witness or instruments, such an exception is not to be admitted in a temporal court. The answer. When any one case upon different grounds, is debated before judges spiritual and temporal, as above appeareth upon the case of laying violent hands on a clerk, they say, that notwithstanding