the spiritual judgment, the king's court shall discuss the same matter according as it may seem expedient to that court. 7. Also the king's letter is used to be directed unto ordinaries, that have wrapped those that be in subjection unto them in the sentence of excommunication, that they should absolve them by a certain day, or else that they do appear, and show wherefore they have excommunicated them: the answer. The king decreeth, that hereafter no such letters shall be suffered to go forth, but in case where it is found that the king's liberty is prejudiced by the excommunication. Witness the king at York, the twenty-fourth day of November, in the tenth year of the reign of king Edward, the son of king Edward. 53. Revocation of the New Ordinances (May, 1322. French text and translation, 1 S. R. 189. 2 Stubbs, 369.) WHEREAS our lord king Edward, son of king Edward, on the sixteenth day of March in the third year of his reign, to the honor of God, and for the weal of himself and his realm, did grant unto the prelates, earls, and barons of his realm, that they might choose certain persons of the prelates, earls, and barons, and of other lawful men whom they should deem sufficient to be called unto them, for the ordaining and establishing the estate of the household of our said lord the king, and of his realm according to right and reason, and in such manner that their ordinances should be made to the honor of God, and to the honor and profit of holy Church, and to the honor of the said king, and to his profit and to the profit of his people, according to right and reason, and to the oath which our said lord the king made at his coronation: and the archbishop of Canterbury, primate of all England, the bishop, earls, and barons thereunto chosen, did make certain ordinances which begin thus: "Edward 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, &c." and which end thus, "Given at London the fifth day of October in the fifth year of our reign." The which ordinances our said lord the king, at his parliament at York, in three weeks from Easter in the fifteenth year of his reign, did, by the prelates, earls, and barons, among whom were the more part of the said Ordainers who were then living, and by the commonalty of his realm, there by his command assembled, cause to be rehearsed and examined: and forasmuch as upon that examination it was found, in the said parliament, that by the matters so ordained the royal power of our said lord the king was restrained in divers things, contrary to what ought to be, to the blemishing of his royal sovereignty, and against the estate of the crown; and also, forasmuch as, in time past, by such ordinances and provisions, made by subjects against the royal power of the ancestors of our lord the king, troubles and wars have happened in the realm, whereby the land hath been in peril, it is accorded and established, at the said parliament, by our lord the king, and by the said prelates, earls, and barons, and the whole commonalty of the realm, at this parliament assembled, that all the things, by the said ordainers ordained and contained in the said ordinances, shall from henceforth for the time to come cease and shall lose their name, force, virtue, and effect for ever; the statutes and establishments duly made by our lord the king and his ancestors, before the said ordinances, abiding in their force: and that forever hereafter, all manner of ordinances or provisions, made by the subjects of our lord the king or of his heirs, by any power or authority whatsoever, concerning the royal power of our lord the king or of his heirs, or against the estate of our said lord the king or of his heirs, or against the estate of the crown, shall be void and of no avail or force whatever; but the matters which are to be established for the estate of our lord the king and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded and established in parliaments, by our lord the king, and by the assent of the prelates, earls, and barons, and the commonalty of the realm; according as it hath been heretofore accustomed. H 54. Statute concerning the Lands of the (March, 1324. Latin text and translation, 1 S. R. 194.) WHEREUPON, the greater part of the king's coun cil, as well the justices as other lay persons being assembled together, the said justices affirmed precisely, that our lord the king, and other lords of the fees aforesaid, might well and lawfully, by the laws of the realm, retain the foresaid lands as their escheats, in regard of the ceasing and dissolution of the order aforesaid: but because the lands and tenements aforesaid were given to the brethren of the said order for the defence of Christians, ; it seemed good to our lord the king, the noblemen, and others assembled in the same parliament, for the health of their souls, *, that the foresaid lands and tenements, and all other things pertaining thereunto, ***, shall be assigned and delivered to other men of most holy religion; thereupon in the same parliament it is agreed, ordained and established for law to continue for ever in this behalf, that neither our lord the king, nor any other lords of the fees aforesaid, or any other person, hath title or right to retain the foresaid lands and tenements, with the appurtenances or any part thereof, in the name of escheat, or by any other means, or hereafter to challenge the same lands in respect of the ceasing or dissolution of the foresaid military order of Templars, whereof the brethren of the same order were seised in their demesnes as of fee, at the time of ceasing and dissolution aforesaid; : it is agreed and : and enacted in the said parliament * * * that all the lands, tenements, lordships, fees, churches, advowsons of churches, and liberties, with all things to them any way belonging, which were the said Templar's at the time of their ceasing and dissolution, shall be assigned and delivered to the foresaid Order of the Hospital, and to the prior and brethren of the same Hospital, to remain to them and their successors forever: James T Articles of Accusation against Edward II 99 all deposed Deposed 1397 chas I 55. Articles of Accusation against Edward II (January, 1327. French text, Twysden's Historiae Anglicanae Scriptores IT has been decided that prince Edward, the eldest son of the 1. First, because the king is incompetent to govern in person. 2. Item, throughout his reign he has not been willing to listen to good counsel nor to adopt it nor to give himself to the good government of his realm, but he has always given himself up to unseemly works and occupations, neglecting to satisfy the needs. of his realm. 3. Item, through the lack of good government he has lost the realm of Scotland and other territories and lordships in Gascony and Ireland which his father left him in peace, and he has lost the friendship of the king of France and of many other great men. 4. Item, by his pride and obstinacy and by evil counsel he has destroyed holy Church and imprisoned some of the persons of holy Church and brought distress upon others and also many great and noble men of his land he has put to a shameful death, imprisoned, exiled, and disinherited. 5. Item, wherein he was bound by his oath to do justice to all, he has not willed to do it, for his own profit and his greed and that of the evil councillors who have been about him, nor has he kept the other points of his oath which he made at his coronation, as he was bound to do. 6. Item, he has stripped his realm, and done all that he could to ruin his realm and his people, and what is worse, by his cruelty and lack of character he has shown himself incorrigible without hope of amendment, which things are so notorious that they cannot be denied. 56. Statute of Northampton (June, 1328. French text and translation, 1 S. R. 257. 2 Stubbs, 390, 613.) 2. ITEM, whereas offenders have been greatly encouraged, because that charters of pardon have been so easily granted in times past, of manslaughters, robberies, felonies, and other trespasses against the peace; it is ordained and enacted, that such charter shall not be granted, but only where the king may do it by his oath, that is to say, where a man slayeth another in his own defence, or by misfortune : 12. Item, whereas all the counties in England were in old time assessed to a certain ferm, and then were all the hundreds and wapentakes in the sheriff's hands rated to this ferm; and after were approvers sent into divers counties, which did increase the ferms of some hundreds and wapentakes; and after, the kings at divers times have granted to many men part of the same hundreds and wapentakes for the old ferms only; and now late the sheriffs be wholly charged of the increase, which amounteth to a great sum, to the great hurt of the people, and disherison of the sheriffs and their heirs: it is ordained, that the hundreds and wapentakes let to ferm by the king that now is, be it for term of life or otherwise, which were sometime annexed to the ferms of the counties where the sheriffs be charged, shall be joined again to the counties; and that the sheriffs and their heirs have allowance for the time that is past; and that from henceforth such hundreds and wapentakes shall not be given nor severed from the counties. 57. Statute concerning Justices and Sheriffs (1330. French text and translation, 1 S. R. 261. 2 Stubbs, 286, 391.) 2. ITEM, it is ordained, that good and discreet persons, other than of the places, if they may be found sufficient, shall be assigned in all the shires of England, to take assizes, juries, and certifications, and to deliver the jails; and that the said justices shall take the assizes, juries, and certifications, and deliver the jails, at the least three times a year, and more |