king's majesty in this behalf; especially since the diocesans of the said realm cannot by their jurisdiction spiritual, without aid of the said royal majesty, sufficiently correct the said false and perverse people, nor refrain their malice, because the said false and perverse people do go from diocese to diocese, and will not appear before the said diocesans, but the same diocesans and their jurisdiction spiritual, and the keys of the church with the censures of the same, do utterly contemn and despise; and so their wicked preachings and doctrines doth from day to day continue and exercise, to the utter destruction of all order and rule of right and reason. Upon which novelties and excesses above rehearsed, the prelates and clergy aforesaid, and also the commons of the said realm being in the same parliament, have prayed our sovereign lord the king, that his royal highness would vouchsafe in the said parliament to provide a convenient remedy; the same our sovereign lord the king graciously considering the premises, and also the laudable steps of his said most noble progenitors and ancestors, for the conservation of the said catholic faith, and sustentation of the said divine worship, and also the safeguard of the estate, rights, and liberties of the said church of England, to the laud of God, and merit of our said sovereign lord the king, and prosperity and honor of all his said realm, and for the eschewing of such dissensions, divisions, hurts, slanders, and perils, in time to come, and that this wicked sect, preachings, doctrines and opinions should from henceforth cease and be utterly destroyed, by the assent of the great lords and noble persons of the same realm, being in the said parliament, hath granted, stablished, and ordained, from henceforth firmly to be observed, that none within the said realm, or any other dominions, subject to his royal majesty, presume to preach openly or privily, without the license of the diocesan of the same place first required and obtained, curates in their own churches, and persons hitherto privileged, and other of the canon law granted, only except; nor that none from henceforth anything preach, hold, teach, or instruct openly or privily, or make or write any book contrary to the catholic faith or determination of the holy church, nor of such sect and wicked doctrines and opinions shall make any conventicles, or in any wise hold or exercise schools; and also that none from henceforth in any wise favor such preacher, or maker of any such and like conventicles, or person holding or exercising schools, or making or writing such books, or so teaching, informing, or exciting the people, nor any of them maintain or any wise sustain; and that all and singular

having such books or any writings of such wicked doctrine and opinions, shall really with effect deliver or cause to be delivered all such books and writings to the diocesan of the same place within forty days from the time of the proclamation of this ordinance and statute. And if any person or persons, of whatsoever sex, estate, or condition that he or they be, from henceforth do or attempt against the said royal ordinance and statute aforesaid in the premises or in any of them, or such books in the form aforesaid do not deliver, then the diocesan of the same place in his diocese, such person or persons in this behalf defamed or evidently suspected, and every of them, may by the authority of the said ordinance and statute cause to be arrested, and under safe custody in his prisons to be detained, till he or they of the articles laid to him or them in this behalf, do canonically purge him or themselves, or else such wicked sect, preachings, doctrines, and heretical and erroneous opinions do adjure, according as the laws of the church do demand and require: so that the said diocesan by himself or his commissaries do openly and judicially proceed against such persons so arrested, and remaining under his safe custody to all effect of the law, and determine that same business according to the canonical decrees within three months after the said arrest, any lawful impediment ceasing. And if any person in any case above expressed, be before the diocesan of the place or his commissaries canonically convict, then the same diocesan may cause to be kept in his prison the said persons so convict for the manner of his default, and after the quality of the offense according and as long as to his discretion shall seem expedient; and moreover to put the same person to pay to our sovereign lord the king a pecuniary fine; except in cases where he, according to the canonical decrees, ought to be left to the secular court, according as the same fine shall seem competent to the diocesan, for the manner and quality of the offense; in which case the same diocesan shall be bound to certify the king of the same fine in his exchequer by his letters patents sealed with his seal, to the effect that such fine by the king's authority may be required and levied to his use of the goods of the same person so convict. And if any person within the said realm and dominions, upon the said wicked preachings, doctrines, opinions, schools, and heretical and erroneous informations, or any of them, be before the diocesan of the same place or his commissaries convict by sentence, and the same wicked sect, preachings, doctrines, and opinions, schools and informations, do refuse duly to adjure, or by the diocesan of the same

place or his commissaries, after the abjuration made by the same person be pronounced relapsed, so that according to the holy canons he ought to be left to the secular court, whereupon credence shall be given to the diocesan of the same place, or to his commissaries in this behalf, then the sheriff of the county of the same place, and mayor and sheriffs or sheriff, or mayor and bailiffs of the city, town and borough of the same county next to the same diocesan or the said commissaries, shall be personally present in preferring of such sentences, by the same diocesan or his commissaries against such persons, and every of them, when they by the same diocesan or his commissaries shall be required; and they the same persons and every of them, after such sentence promulgate, shall receive, and them before the people in an high place cause to be burnt; that such punishment may strike in fear to the minds of other, whereby no such wicked doctrine and heretical and erroneous opinions, nor their authors and fautors in the said realm and dominions against the catholic faith, Christian law, and determination of the holy church, which God prohibit, be sustained or in any wise suffer: in which all and singular the premises concerning the said ordinance and statute, the sheriffs, mayors and bailiffs of the said counties, cities, boroughs, and towns, shall be attending, aiding and supporting to the said diocesans and their commissaries.

107. Sir Arnold Savage asks for the Privileges of Parliament

(1401. French original, 3 R. P. 455, No. 8. Translation by Editors. 3 Stubbs, 29.)

SATURDAY, the twenty-second of January, the commons of

the realm presented to the king Sir Arnold Savage as their speaker and procurator in parliament whom the king kindly accepted. And then the said Sir Arnold humbly requested the king, that he might make protestation, that, if he should say anything through ignorance, negligence or in any other way which was not agreed to by his companions or which should be displeasing to the king, or too little through lack of wisdom, or too much through folly or ignorance that the king would excuse him therefor, and that it might be corrected and amended by his said

companions: and that the said commons should have their liberty in parliament as they had had before this time; and that this protestation should be recorded in the roll of parliament; which protestation seemed honest and reasonable to the king and he agreed to it. And after that, the said Sir Arnold, in order to have in memory the pronouncement of parliament which was pronounced by the said Sir Wm. Thirning on his own authority, declared in substance before the king and his lords in parliament the reasons for the summons of the said parliament, to his knowledge clearly and briefly. And besides, he prayed our said lord the king on the part of the said commons that on the matters brought before the said commons in this present parliament they should have good advice and deliberation without being suddenly called upon to reply to the most important matters at the end of parliament, as had been done before this time. To which reply was made by the king through the earl of Worcester that it was not the intention of the king to follow this order of action and that he did not imagine any such subtlety, also that they should have good advice and deliberation from time to time as the need demanded.

108. Members excused for Matters spoken in Parliament

(1401. French original, 3 R. P. 456, No. 11. Translation by Editors. 3 Stubbs, 30.)

ITEM,

TEM, on the same day the said commons showed to our lord the king how on certain matters moved among them, it might happen in the future that certain of their companions, out of complaisance to the king, and for their own advancement, should recount to our said lord the king such matters before they had been determined and discussed or agreed upon among the commons, by reason of which the said lord our king might be grievously moved against the said commons or some of them; wherefore they most humbly pray our lord the king, not to receive any such person to recount such matters nor to give him hearing nor any faith nor credence to such a person. To which answer was made by the king that it was his will that the said commons should have deliberation and advice, to discuss and treat of all matters among themselves, in order to bring them to a better end and conclusion, in so far as they know how, for the welfare and honor

of himself and of all his realm. And that he would not hear any such person or give him credence, before such matters had been shown to the king, by the advice and with the assent of all the commons, according to the purport of their said prayer.

s

109. Responses to the Petitions of the Commons

(1401. French original, 3 R. P. 458, No. 23. Translation by Editors. 3 Stubbs, 30.)

[TEM, the same Saturday, the said commons pointed out to our said lord the king, that, as in divers parliaments before this time, their common petitions had not been answered before they had made their grant of some aid or subsidy to our lord the king; therefore they prayed our said lord the king that for the great convenience and comfort of the said commons it should please our lord the king to grant to the said commons that they should be able to learn the responses to their said petitions before any such grant was made. To which response was made that on this matter the king wished to confer with the lords of parliament and to do in regard to it what it should seem best to do with the advice of the said lords. And then afterwards, that is to say on the last day of the parliament, response was made that this manner of deed had not been seen nor used in the time of any of his ancestors or predecessors, that they should have any response to their petitions or knowledge of the same before they had taken up and completed all the other business of parliament, be it to make any grant or otherwise. And therefore the king did not wish in any way to change the good customs and usages made and used in former times.

110. Act to regulate the Succession

(1406. French text and translation, 2 S. R. 151. 3 Stubbs, 58.)

2. ITEM, at the request and of the assent of the said lords. and commons, in the said parliament, it is ordained and established, that the inheritance of the crown, and of the realms of England and France, and of all the other dominions of