Click on the footnote number and you will jump to it, then click that footnote number and you will jump back to where you were in the text [That line will be at the top of the screen].
From Illustrations of Chaucer's England, edited by Dorothy Hughes, M.A.; Longmans, Green and Co.; 1919.
Whereas aliens hold so many benefices in this land, and the alms that were wont to be distributed from them are withdrawn, much of the treasure of the land is carried beyond the sea, in maintenance of your enemies, the secrets of the realm are revealed, and your liege clerks in this country have the less advancement; — and now lately several cardinals have been made, to two of whom the Pope has granted benefices in this land amounting to 6000 marks a year. . . . And the commons have heard that one of these two cardinals, to wit, the cardinal of Périgord, is the King’s fiercest enemy at the papal court, and the most hostile to his interests. And from year to year the country will be so filled with aliens that it may be a great peril, and scarcely any clerk over here, the son of a great lord or other, will find a benefice wherewith he may be advanced — Wherefore the commons beg a remedy, for they cannot, and will not endure it longer; and that it may please the King to write to the Apostolic See . . . requesting the Pope to suspend these charges and recall what has been done. . . .
Answer. — The King is advised of this mischief, and he is willing that remedy and amendment may be ordained, 179 between the great men and commons, if it can be agreed upon; and also he wills and agrees that good letters shall be made to the Pope touching this matter, as well in the name of the King and the great men as of the commons.
To the most holy father in God, our lord Clement, by divine providence sovereign bishop of the holy church of Rome and of the Church universal, his humble and devoted sons the princes, dukes, earls, barons, knights, citizens, burgesses and all the commons of the Kingdom of England, assembled in the parliament holden at Westminster in the quinzaine of Easter last past, devoutly kissing his feet with all reverence and humility. Most holy father, the holy discernment, government, and equity which are manifest in you and ought to reign in so holy and high a prelate, head of holy Church, by whom all holy Church and the people of God ought, as by the sun, to be enlightened, give us sure hope that the just prayers, to the honour of Jesus Christ and of his holy Church, offered by us to your Holiness, will be graciously hearkened to by you, and all faults and wrongs be done away and removed, in fruitful accomplishment and remedy, by the grace of the Holy Ghost, who hath chosen and accepted you for such high state, and by you applied and graciously ordained. Wherefore, most holy father, we all in full consultation, by common assent do in lively manner set forth to your Holiness that the noble Kings of England, and our forefathers and predecessors and we, according to the grace of the Holy Ghost, to them and to us devised and giving each one in his devotion, have ordained and established, founded and endowed within the kingdom of England cathedrals and collegiate churches, abbeys and 180 priories, and other divers religious houses, and in them have ordained, and to the prelates and governors of the said places have given lands, possessions, patrimonies, franchises, advowsons, and patronages of dignities, prebends, offices, churches, and other many benefices: to this end and intent, that the cure and government of such benefices might be given to such persons, as that by them the service of God and the Christian faith might be honored, increased, and embellished, hospitalities and alms given and maintained, Churches and buildings honorably preserved and kept, devout prayers offered up therein for founders, poor parishioners aided and comforted; and that by them those whose cure they should have might in their own tongue, in confession and otherwise, be fully taught and instructed. And inasmuch, most holy father, as you cannot have notice of the faults and shortcomings of the persons and places so far removed, if you be not informed thereof, we, having full knowledge of the faults and shortcomings and of the state of the persons and places aforesaid within the said kingdom, do make known to your Holiness that, by means of divers reservations, provisions, and collations granted by your predecessors, apostles of Rome, and by you, most holy father, in your time more largely than they were wont to be, as well to foreign and divers nations and to some our enemies not having knowledge of the tongue nor the condition of those whose government and cure should belong to them, as to others who are not fit, there come to pass dangers and mischiefs, which are these — the souls of parishioners are imperiled, the service of God is destroyed, alms are withdrawn, hospitalities impoverished, churches and buildings thereto belonging fallen into decay, charity stinted, cure of souls and the government which belongeth thereto brought to naught, devotion of the people checked, honest persons of the realm 181 unadvanced, as well as many scholars, the treasure of the realm carried away, contrary to the intent and pious will of the founders. Which faults, shortcomings, dangers, and scandals, most holy father, we cannot nor ought not to suffer or endure. Therefore we humbly beg that the faults, shortcomings and divers perils which may thence come to pass being discreetly considered, it may please you both to recall such reservations, provisions, and collations, and to ordain that they be not henceforth made, and to apply fitting remedy for the evils which may thence arise, follow and ensue; and that the benefices, buildings, and rights thereto belonging may to the honour of God be had in charge, defended and governed by persons of the said realm. And may it please your Holiness to signify unto us by your holy letters your intention upon this our petition without captious delay, understanding for certain that we shall on no account fail to apply our care and travail to get remedy and fitting correction in the matters aforesaid.
In witness whereof to these our letters patent we have set our seals. Given in full Parliament at Westminster, on the 8th day of May, the year of grace 1343.
Sir John of Shoreditch, a knight of much wisdom, and professor of law, was appointed to bear these letters to the Pope. And on the same day of his arrival at Avignon, after dinner, he went to the Pope’s chamber and presented the letters to him in the name of the King and the magnates of England. The Pope, being aware of the reason of his coming, had summoned all the cardinals to 182 the court, and shut them within his private chamber, himself remaining in the great chamber. And when Sir John had made his reverence, he was taken into the private chamber, where the Pope placed himself in his chair of state, in the presence of all the cardinals, before whom Sir John presented his letters. Whereupon he was removed from the private chamber, and the Pope had the letters read; after which he was again led into the chamber.
Then he had to listen to many harsh words, and among other things the Pope said that he had not made provision to vacant benefices for any aliens, save only two. Whereto Sir John replied, in pesence of all the cardinals, “Holy Father, you have appointed to the Deanery of York the lord of Périgord, whom the King and all the nobles of England hold for a mortal enemy of the King and the realm”. Finally the Pope said, “We know who drew up and dictated those letters, and we know that you did not do it; but one there is who is stinging us, and we will punish him. We know everything!” He added that a certain knight was repeating infamous things about his person and about the Roman Church; whereat the Pope showed himself much offended. And he said that he would write an answer as to the matters contained in the aforesaid letters to the King and the community.
Having heard this the Cardinals withdrew from the palace, as it were somewhat gloomy and perturbed. And Sir John made haste to get away from Avignon, lest perchance he should meet with some hindrance. . . .
From all this it may be gathered how the Apostolic See strives to apply the wealth of the realm of England to itself, both directly and by means of the cardinals and 183 others about the papal court, in whose hands are the best benefices of the kingdom. . . . To such an extent that the riches carried abroad to the Roman court and to foreigners exceed the King’s accustomed annual revenue; and from this same treasure, as it is believed, the King’s enemies are in great part comforted. . . . Whence, it is become a proverb at the papal court that the English are good asses, bearing all the intolerable burdens laid upon them.
But no remedy can be applied against these by the bishops and prelates, because, they are themselves almost all promoted by the Holy See, they dare not utter a word whereby they may offend it. While the King and the nobles, though they have ordained a remedy, yet by lavishing letters and prayers in favour of unworthy dependants, they impudently procure the contrary, and they are lukewarm in every good purpose.
The King wrote to the Supreme Pontiff entreating that he would advance some clerk of his realm to a cardinal’s rank, declaring that he wondered greatly, in that the Roman court had not vouchsafed to receive any Englishman into that sacred order for a long time. . . . The Pope wrote in reply, that the King should make choice among the clerks of his realm of those most fit for this honour, and the Holy Father would willingly consent to his desire touching those chosen, provided that they were approved by the verdict of the cardinals, as is meet for the sought-for dignity, to the honour of God and the Universal Church.
The King chose Master John Bateman, Bishop of Norwich, and Ralph de Stratford, Bishop of London, and presented them by his letters, to the Papal court; and 184 they awaited the completion of the business at the said court for a long time, but in vain. In the meantime, however, John of Valois . . . presented many of his clerks for promotion by the grace of the Apostolic See, from whom the Pope created twelve cardinals.
. . . It is shown to our lord the King, by the grievous complaint of all the community of his realm . . . that now of late our holy father the Pope, by the procurement of clerks and otherwise, hath reserved, and doth daily reserve to his collation generally and especially, as well archbishoprics, bishoprics, abbeys, and priories as all other dignities and other benefices of England which . . . be of the advowry of people of Holy Church, and give the same as well to aliens as to denizens, taking of such benefices the first-fruits and many other profits. . . . Our lord the King, seeing the mischief and damages before mentioned, and having regard to the statute made in the time of his grandfather (which statute holdeth always its force, and was never undone nor annulled in any point, and therefore is he bound by his oath to cause it to be kept as the law of his realm, though that by sufferance and negligence attempt hath since been made to the contrary) . . . hath ordained and established —
That the free election of archbishoprics, bishoprics, and all other elective benefices and dignities in England, shall be held henceforth in the manner as they were granted by the King’s progenitors, and founded by the ancestors of other lords.
And that all prelates and other people of Holy Church 185 who have advowsons of any benefices, of the gift of our lord the King and his progenitors, or of other lords and donors . . . shall have their collations and other presentments freely in manner as they were enfeoffed by their donors.
And in case that any reservation, collation, or provision be made by the Court of Rome of any archbishopric, bishopric, dignity, or other benefice, in disturbance of the aforesaid elections . . ., so that such reservations, collations or provisions should take effect at the time of the voidance, at the same voidance our lord the King and his heirs shall have and enjoy for that time the collation to archbishoprics . . . and other elective dignities which are of his advowry, such as his progenitors had before free election was granted. . . .
And that if such reservation . . . be made of any house of religion of the King’s advowry, in disturbance of free election, our lord the King . . . shall have the collation for that time, to give the dignity to a suitable person.
And in case that any reservation . . . be made by the Court of Rome of any church, prebend, or other benefice which be of the advowry of people of Holy Church, of which the King is the advowee paramount immediate; at the time of voidance, when such reservation . . . should take effect, the King and his heirs shall have the presentation . . . for that time; and so from time to time when such people of Holy Church shall be disturbed in their presentments. . . . Saving to them the right of their advowson and presentation when no collation or provision thereof is made by the Court of Rome; or when they shall dare and be willing to make presentation, . . . and their presentees are able to enjoy the effect of their presentments.
And in the same manner every other lord . . . shall have the collations or presentments to the houses of 186 religion which be of his advowry, and to benefices of Holy Church which belong to the same houses.
And in case that the presentees of the King or of other patrons of Holy Church, or of their avowees . . . be disturbed by such provisions, so that they may not have provision of such benefices . . . or they which be in possession of such benefices be impeached upon their possession by such provisors, then the said provisors, their procurators, executors, and notaries, shall be attached by their body and brought to answer; and if they be convicted that shall remain in prison without being let to mainprise or bail, or otherwise delivered, until they have made fine and ransom to the King at his will, and satisfaction to the party who shall be aggrieved.
And none the less, before they shall be delivered, they shall make full renunciation and find sufficient surety that they will not attempt such thing in time to come, nor sue any process against any person, by themselves or by others, in the Court of Rome or elsewhere, for any such imprisonment or renunciation, nor by any other thing dependent on them.
Our lord the King, by the assent and prayer of the great men and the commons of this realm of England, at his great Council holden at Westminster, the Monday next after the Feast of St. Matthew the Apostle, the twenty-seventh year of his reign of England, and of France the fourteenth, in amendment of his said realm, and maintenance of the laws of and usages thereof, hath ordained and established these things underwritten.
187First, because it is shewed to our lord the King, by the grievous and clamorous plaints of the great men and commons aforesaid, how that divers of the people be, and have been drawn out of the realm to answer of things whereof the cognisance pertaineth to the King’s court; and also that the judgments in the same court be impeached in another court, in prejudice and disherison of our lord the King and of his crown, and of all the people of his said realm, and to the undoing and destruction of the Common law of the said realm at all times used. Whereupon, good deliberation had with the great men and other of his said council, it is assented and accorded by our lord the King and the great men and commons aforesaid, that all the people of the King’s ligeance, of what condition that they be, which shall draw any out of the realm in plea whereof the cognisance pertaineth to the King’s court, or of things whereof judgments be given in the King’s court; or which do sue in any other court to defeat or impeach the judgments given in the King’s court, shall have a day, containing the space of two months, by warning to be made to them in the place where the possessions be which be in debate, or otherwise where thy have lands or other possessions, by the sheriffs or other the King’s ministers, to appear before the King and his council or in his chancery, or before the King’s justices in his places of the one bench or the other, or before other the King’s justices which to the same shall be deputed, to answer in their proper persons to the King of the contempt done in this behalf. And if they come not at the said day in their proper persons to be at the law, they, their procurators, attorneys, executors, notaries, and maintainors, shall from that day forth be put out of the King’s protection, and their lands, goods, and chattels forfeit to the King, and their bodies, wheresoever they may be found, shall be taken and imprisoned, and ransomed at the King’s will. And upon the same a writ 188 shall be made to take them by their bodies, and to seize their lands, goods, and possessions into the King’s hands; and if it be returned that they be not found, they shall be put in exigent and outlawed.
The Chancellor told them how the King had heard that the Pope, by force of an oath that he said King John made to the Pope, to do him homage for the realm of England and the land of Ireland, and that by reason of the said homage, he should pay a thousand marks every year perpetually, is desirous of bringing process against the King and his realm to recover the said service and tribute. And that the King prayed the prelates, dukes, earls, and barons for their advice and good council upon this, as to what he should do in case the Pope should wish to proceed against him or his realm of England for this cause.
The prelates requested the King that they might take counsel upon this separately, and give their answer on the next day. And on this next day first they by themselves, and then the other dukes, earls, barons, and great men replied — that neither the said King John nor any other could put him nor his realm nor his people in such subjection without their assent and accord.
And the commons having been asked about this, and having taken counsel replied in the same manner.
And beyond this, the dukes, earls, barons, great men, and commons agreed and granted, that in case the Pope should strive or attempt anything by process or in any other manner, to constrain the King or his subjects what it is said that he wishes to claim, that they will resist and oppose it with all their might.