have a perpetual commonalty, and others which have offices perpetual be as perpetual as people of religion, that from henceforth they shall not purchase to them, and to their commons or office, upon the pain contained in the said statute de religiosis; *** 12. Item, it is agreed and assented, that from henceforth none of the king's subjects be compelled, neither by any mean constrained, to come nor to appear before the council of any lord or lady, to answer for his freehold, nor any for anything touching his freehold, nor for any other thing, real or personal, that belongeth to the law of the land in any manner: and if any find himself grieved in time to come, contrary to this ordinance and agreement, he may complain to the chancellor for the time being, and he shall give him remedy. 98. (May, 1393. The Second Statute of Praemunire 16 Richard II. c. 5. French text and translation, 2 S. R. 84. 2 Stubbs, 435, 509, 3 Stubbs, 341, 363.) 5. ITEM, whereas the commons of the realm in this present parliament have showed to our redoubted lord the king, grievously complaining, that whereas the said our lord the king, and all his liege people, ought of right, and of old time were wont to sue in the king's court, to recover their presentments to churches, prebends, and other benefices of holy Church, to the which they had right to present, the cognizance of the plea of which suit belongeth only to the king's court of the old right of his crown, used and approved in the time of all his progenitors kings of England; and when judgment shall be given in the same court upon such a plea and suit, the archbishops, bishops, and other spiritual persons which have institution of such benefices within their jurisdiction, be bound, and have made execution of such judgments by the king's commandments of all the time aforesaid without interruption, for another, lay-person, may not make such execution, and also be bound of right to make execution of many other of the king's commandments, of which right the crown of England hath been peaceably seised, as well in the time of our said lord the king that now is, as in the time of all his progenitors till this day; but now of late divers processes be made by the holy father the pope and censures of excommunication upon certain bishops of England, because they have made execution of such commandments, to the open disherison of the said crown, and destruction of the regalty of our said lord the king, his law, and all his realm, if remedy be not provided: and also it is said, and a common clamor is made, that the said father the pope hath ordained and purposed to translate some prelates of the same realm, some out of the realm, and some from one bishopric into another within the same realm, without the king's assent and knowledge, and without the assent of the prelates, which so shall be translated, which prelates be much profitable and necessary to our said lord the king, and to all his realm; by which translations, if they should be suffered, the statutes of the realm should be defeated and made void; and his said liege sages of his council, without his assent, and against his will, carried away and gotten out of his realm, and the substance and treasure of the realm shall be carried away, and so the realm destitute as well of council as of substance, to the final destruction of the same realm; and so the crown of England, which hath been so free at all times, that it hath been in subjection to no realm, but immediately subject to God in all things touching the regalty of the same crown, and to none other, should be submitted to the pope, and the laws and statutes of the realm by him defeated and avoided at his will, in perpetual destruction of the sovereignty of the king our lord, his crown, his regalty, and of all his realm, which God defend: and moreover, the commons aforesaid say, that the said things so attempted be clearly against the king's crown and his regalty, used and approved of the time of all his progenitors; wherefore they and all the liege commons of the same realm will stand with our said lord the king, and his said crown, and his regalty, in the cases aforesaid, and in all other cases attempted against him, his crown, and his regalty in all points, to live and to die; and moreover they pray the king, and him require by way of justice, that he would examine all the lords in the parliament, as well spiritual as temporal severally, and all the states of the parliament, how they think of the cases aforesaid, which be so openly against the king's crown, and in derogation of his regalty, and how they will stand in the same cases with our lord the king, in upholding the rights of the said crown and regalty: Whereupon the lords temporal so demanded, have answered every one by himself, that the cases aforesaid be clearly in derogation of the king's crown, and of his regalty, as it is well known, and hath been of a long time known, and that they will stand with the same crown and regalty in these cases specially, and in all other cases which shall be attempted against the same crown and regalty in all points, with all their power: and moreover it was demanded of the lords spiritual there being, and the procurators of others being absent, their advice and will in all these cases; which lords, that is to say, the archbishops, bishops, and other prelates, being in the said parliament severally examined, making protestations, that it is not their mind to say, nor affirm, that our holy father the pope may not excommunicate bishops, nor that he may make translation of prelates after law of holy Church, answered and said, that if any execution of processes made in the king's court, as before, be made by any, and censures of excommunications be made against any bishops of England, or any other of the king's liege people, for that they have made execution of such commandments, and that if any executions of such translations be made of any prelates of the same realm, which lords be very profitable and necessary to our said lord the king and to his said realm, or that his sage men of his council, without his assent, and against his will, be removed and carried out of the realm, so that the substance and treasure of the realm may be consumed, that the same is against the king and his crown, as it is contained in the petition before named: and likewise the same procurators, every one by himself examined upon the said matters, have answered and said in the same, and for their lords, as the said bishops have said and answered, and that the said lords spiritual will and ought to stand with the king in these cases lawfully in maintaining of his crown, and in all other cases touching his crown and his regalty, as they be bound by their liegeance: whereupon our said lord the king, by the assent aforesaid, and at the request of his said commons, hath ordained and established, that if any purchase or pursue, or cause to be purchased or pursued in the court of Rome, or elsewhere, any such translations, processes, and sentences of excommunications, bulls, instruments, or any other things whatsoever, which touch the king our lord, against him, his crown, and his regalty, or his realm, as is aforesaid, and they which bring them within the realm, or them receive, or make thereof notification or any other execution whatsoever within the same realm or without, that they, their notaries, procurators, maintainors, abettors, fautors, and counsellors, shall be put out of the king's protection, and their lands and tenements, goods and chattels, forfeit to our lord the king; and that they be attached by their bodies, if they may be found, and brought before the king and his council, there to answer to the cases aforesaid, or that process be made against them by pramunire facias, in manner as it is a depor was منسل silty of ordained in other statutes of provisors, and other which do sue 99. New Definition of Treason (September, 1397. French text and translation, 2 S. R. 94. 2 Stubbs, 3. ITEM, it is ordained and stablished, that every man, which compasseth or purposeth the death of the king, or to depose him, or to render up his liege homage, or he that raiseth people and rideth against the king to make war within his realm, and of that be duly attainted and judged in the parliament, shall be judged as a traitor of high treason against the crown; and he for him and his heirs shall forfeit all the lands, tenements and possessions, liberties and all other hereditaments, which he hath or any other hath to his use, or had the day of the treason done, as well in fee tail as in fee simple, to the king and his heirs, as well such landsholden of other as of himself forever; and also such possession as other have to his use.ved land foronly had life interest in land * ever 100. Delegation of Powers by Parliament (1398. French original, 3 R. P. 368, No. 74. Translation by Editors. ITE 2 Stubbs, 522.) TEM, the same Thursday, the commons prayed the king, as they had divers petitions before them both for special persons and others, neither read nor answered, and also several other matters and affairs which had been moved in the presence of the king, which, because of the shortness of the time, could not well be satisfactorily determined at present: That it should please the king to give full power to certain lords, and to other persons whom it should please him, to examine, answer, and determine the said petitions and the matters and affairs aforesaid and all the dependencies of the same. To which prayer the king assented. And thereupon, with the authority and assent of parliament, were ordained and appointed John duke of Lancaster, Edmond duke of York, Edward duke of Albemarle, Thomas duke of Surrey, John duke of Exeter, John marquis of Dorset, Roger earl of March, John earl of Salisbury, Henry earl of Northumberland, Thomas earl of Gloucester, Thomas earl of Worcester, and Thomas earl of Wiltshire, or six of them; John Bussey, Henry Green, John Russell, Richard Chelmswick, Robert Teye, and John Golafre, knights coming for the parliament, or three of them, to examine, answer, and plainly determine both all the said petitions and the matters contained in them, and all other matter and affairs moved in the presence of the king and all the dependences of the same not determined, according as it seemed best to them by their good advice and discretion in this matter by authority of the said parliament. 101. Grant of Subsidy for Life to Richard II by Parliament of Shrewsbury (1398. French original, 3 R. P. 368, No. 75. Translation by Editors. 2 Stubbs, 522.) ITEN TEM, the same day, the commons of the realm, with assent of the lords spiritual and temporal, granted to the king the subsidy of wools, leather, and woolfells for the term of his life, and one fifteenth, and tenth, and half a fifteenth and half a tenth, in the following manner and form. To the reverence of God and of Holy Church, and for the good and peace of the realm, and for the full affection and complete confidence which the commons of the realm have in our very redoubtable lord the king, the said commons with the assent of the lords spiritual and temporal, at the parliament summoned and commenced at Westminster and adjourned to Shrewsbury, have granted to our said lord the king the subsidy of wools, leather, and woolfells leaving the kingdom which the king takes at present, to have during the life of our said lord the king. And also six shillings, eight pence on the sack of wool and of leather, and woolfells, to be levied from foreigners over and above that accustomed to be paid for a sack of wool before this time: On protest that this grant be not considered either a precedent or example in the time of the succeeding kings of England in time to come. And also, for the great love and full affection which our said lord the king has for his said commons, the said |