the which such wool and woolfells and merchandises be put, shall find sufficient surety to the customers of the ports, where they do ship, to carry the said wool and woolfells and merchandises to the staple of Calais, and to bring a certification from thence, that he hath so done. Saving always to the merchants of Genoa, Venice, Tuscany, Lombardy, Florence, and Catalonia, and to the burgesses of Berwick, the liberties to them granted by statute heretofore.

124. Against Abuse in Appointment of Justices of the Peace

(1439. French text and translation, 2 S. R. 309.)

II. ITEM, whereas by statutes made in the time of the king's noble progenitors, it was ordained, that in every county of England 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 inconveniences 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

Provided

the same penalty by writ of debt at the common law. 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 persons 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 commissions, 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.)

1. 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,

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 considering 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 possessions, 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 present 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

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 chancellor 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, warden 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 prisoning 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 successors, 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 understood 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.

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 chamber 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, chancellor 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 understood, 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:

18. Item, the Saturday, the xvii day of this present parliament, 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