the 12th of October in the 25th year of his Fathers Reign as we have noted before and they were signed by him at Gant in Flanders on the Ninth of November following Walsingham says he did it in compliance with the wickedness of the times In arcto [3] f. 74. n. 4. pofitus cedendum Malitiae Temporis censuit On the 15th of September the Prince issued the [4] Append. n. Writs to the Sheriffs of every County to cause two Knights to be Elected and sent to him to London without any Directions to send Citizens or Burgesses so as they should be there on the sixth of of Parlement and yet no doubt but they were made by advice of his Council And therefore it seems that the Parlements or Great Councils of those times owned the Kings Charters under Seal and the Grants made by them to the People to be of good Force and Effect and that their Petitions to which he gave his Assent and caused to be put under his Seal were by them accepted and from time to time acknowledged as firm and valid Laws In the 28th year of his Reign the King led an Army into [5] Mat. Westm f. 433. n. 30. Scotland the Scots fled leaving about 400 of their slain behind them The Arch-bishop of Canterbury came to the King there and brought the Popes Command or Message to him That the Scots having submitted themselves to his Protection he should not presume to make War upon them any longer Whereupon the King returned into England and held a Parlement at Lincoln eight days after Hillary The Earls and Barons complain of the violence and injuries done every where by the Kings Ministers and Servants And again desired the Liberties conteined in Magna Charta might be so confirmed that from thence forward they might indure for ever [6] Ibid. f. n. 40. The King for some days was not very forward to gratifie them in their Requests but seeing their Importunity he told them he was ready to Grant and Ratifie what they desired and the Charters were renewed and sealed with the Kings Seal and carried into every County in England and the Arch-bishop of Canterbury with the other Bishops denounced the Sentence of the greater Excommunication against the Violators of them [7] Ibid. f. n. 50. Pro hoc confirmationis effectu concesserunt Comites Barones quintam decimam partem bonorum suorum Mobilium c. For this Confirmation the Earls and Barons gave a Fifteenth part of their Moveable Goods as they should be at Michaelmass next coming But Robert Arch-bishop of Canterbury would grant nothing for the Clergy not so much as from the Temporalties annexed to the Church without the Popes special License This Confirmation bears Date the 28th of March in the year above said This is the true History of the contention between the Norman Kings and Norman Barons from the 1st of Henry the First to the 9th of Edward the First just 200 years about their Liberties comprehended in these two Charters especially and their Pretences from them and Expositions of them Not one English Saxon Baron to be found as a Witness to or Promoter of them nor indeed scarce to any public Instrument Charter or Grant all this time And to any Man that will seriously consider what these Charters were then to wit all of them in the main but a Relaxation of the Rigor of the Feudal Law generally used in Europe cannot believe they were any others for the Descendents from the Normans at this very time possessed all the considerable Estates in England and it was Liberty that they pretended belonged to them in the enjoyment of their [8] See what is said of Feudal Law Feudal Tenure c. in the Glossary to my Introduction c. f. 39. E. c. and compare it with the main Articles in Magna Charta Feudal Estates they contended for and the Arch-bishops and Bishops always headed and managed them and began the Dance with pretences for their Ecclesiastic Liberty who were willing to have their Princes Favours as to the injoyment of their Temporalties or Baronies but were not willing to own any obligation or subjection to them in respect thereof But Sir Edward Coke doth not care to hear of the Feudal Law as it was in use at this time And hath a fine fetch to play off the Great Charter and interpret it by his Modern Law that was not then known or heard of And it hath been and ever was an Art of some Men to interpret and confound New Laws by Old Practice and Usage and Old Laws by late Usage and Modern Practice When perhaps if they would endeavour to find out the History of those Laws the Grounds and Reasons upon which they were made there would be found no congruity between them nor possibility of explaining one by the other but if the words sound alike 't is enough The same Sir Edward in the Epistle to his sixth Report Affirms the Common Law of England was here in practice 't is to be supposed before the Entry of the Romans Saxons Danes and Normans and that it was never altered by any of them And with Relation to this Opinion he says that Magna Charta was for the most part [9] Proeme to 2d Institut f. 2. And see 2d Instit f. 3. lin 3. Declaratory of the principal Grounds of the Fundamental Laws of England and for the Residue it is additional to supply some defects of the Common Law and it was no new Declaration Upon this Assertion no man can think but that he knew what the Fundamental and Common Laws of England were before the making of this Charter otherwise it was only a conjecture and he had neither Ground nor Reason for a Positive Assertion nor could he say it was Declaratory of the Common Law if he could not tell what that was If he did know it Egerâ—on Lord Chancellor Sir Francis Gaudy Chief Justice of the Common Pleas Fleming Chief Baron and Williams one of the Justices of the Kings Bench did not for in Prince [1] Cokes 8th Report Case the fiâ—st Henry's Case in Hillary Term in the Third of King James for the Establishing the first great Point which was argued in that Case they all agreed The Great Charter did cross and change divers parts of the Common Law Now if it did cross and change the Common Law it did not declare and confirm it for that 's Sir Edwards meaning nâ—r would a man think such a Charter could supply the defects of it I will leave these different Opinions to those that can Reconcile them and take notice of some of Sir Edwards particular Instances Magna [2] Second Instit f. 15. Charta C. vi Haeredes autem Maritentur absque Disparagatione Heirs shall be Married without Disparagement This he says is an Ancient Maxim of the Common Law It is most certain That the Lords of the Fee should have the Custody Warship
Feoffment were read and [7] Braâ—ton p. 38. a. n. 12. granted before the County or Hundred and there witnessed publicly by Thomas of such a Town John of another Richard of a third Henry of a fourth James of a fifth cum multis aliis with many others that were Suitors at those Courts and they were then many indeed for besides those that were Suitors by Tenure and held Land by Performance of such Services all others that were Resident within the County or Hundred and capable of doing it performed their Suit to the County or Hundred as a [8] Ibid. p. 37. a. n. 8. Service belonging to the King for preserving Peace and Justice When Estates passed thus by the Donor or Feoffor to the Donee or Feoffee and Livery or Delivery was made and Seisin or Possession given in the presence of Tenants of the same Maner or as the Feudal Law calls them Pares Curiae [a] Sir Edward Coke in the Epistle to his Eighth Report says Trial by Juries is an Invincible Argument of the Antiquity of the Common Law to which they are appropriated But if we received the Trial by Juries or Pares Curiae with the Feudal Law we have greater Reason to say the Common Law was either derived from that or received this way of trial from it Liâ— inter Duos Vasallos per Dominum inter Vasallum Dominum per Curiam Parium Disceptanda est per Pares Coram Dominum Juraâ—os A Controversie between two Vassals is to be determined by the Lord by Peers Sworn before him between the Lord and a Vassal by the Court of Peers Hottom in lib. 2. Feud Col. 757. E. Vasallus ob qùodvis Capitale facinus Feudo Mulctatur Sic tamen ut causa priùs Disceptetur Parium Judicio Idem de Feud Discuâ— Col. 886. B. Statuimus ut nullus Miles sine certa convicta Culpa suum Beneficium perdat nisi secundum Consuetudinem Antecessorum nostrorum Judicium Parium suorum Ll. Longobard lib. 3. Tit. 8. l. 4. He that desires to know more of the Affinity between our Antient Law and the Feudal Law let him read Dr. Zouch his Description of the Temporal Law and Judgment according to the Feudal and Norman Customs and in particular for Trials by Juries c. Section the Fifth of the third part Peers of the same Court or of the most Substantial Persons nearest the place then Men were as secure of these Estates as of Copy-holds now And therefore it was That a Writ of Right was anciently directed to the Lord of the Maner of which the Land was holden to do the Demandant Right in his Court as the most ready secure and quick way of Justice for either the Tenants of the Maner knew the Possession whose it was and how obteined whether by Descent or Donation Or it was entred in the Lords Court Rolls or Books from whom and to whom Alienated for the Security of his Free Rent and Relief and the Lord could not lose his Court that is the Trial and Judgment whose Estate it was and whether the Demandant or Possessor had most Right to it if he failed not in doing Justice And in such Case it was removed to the County and if need were from thence to the Kings Court or many times immediately into that But afterward when the Scholastic and Dilatory Method of the Caesarean and Canon Law [9] Flor. Wigorn f. 671. Orderic Vit. f. 919. B. Gervas Act. Pont. Cant. Col. 1665. n. 30. about the years 1139 and 1145. by the incouragement of Arch-bishop Theobald and other Bishops in the Reign of King Stephen was introduced publickly read and mixed with the Practice of the Feudal or National Law with Design to over-rule and Baffle it then all the plainness of it ceased quick Justice was laid aside and all the Inventions Art Delays and Subtilties of the other were introduced by the Canonists and School-men that practised it and became almost as Fine and Subtile as School Divinity it self which then and afterwards was followed as the best Example of Notion Distinction Division and Nicety to all Learned Authors and Writers in every Science This is clear from the Consideration of the Works of Glanville and Bracton who Wrote within an hundred years one of another How Plain Easie Short and Open is the First How Intricate Involved Subtile and Nice the Second How much was the Bulk and Dilatory Practice of the Law within that time increased by Art new Suggestions and Inventions never before thought of The Judges were then most if not all either Clergy-men or Professors of the Caesarean and Canon Law and most frequently advanced by Ecclesiastic Preferments and the Pleaders or Lawyers were Monks who read in their Cells or Monasteries and abroad out of them and explained those Laws until prohibited by several Popes from medling with that Practice and also Secular Affairs I am in a large Field but must leave it and shall conclude this Preface with the Interpretation of some few words used in it and one or two of them in the History Bordarii SEE the History f. 206. E. they were Drudges and performed vile Services which were reserved by the Lord upon a poor little House and a small parcel of Lands and might perhaps be Domestic Works such as Grinding Threshing Drawing Water cutting Wood c. or if they were the same with Cotarii we shall afterward see their particular Services See Spelman in the Word and Due Fresne in the Words Borda Borderia Bordagium Bordelaria a Tenure Antiently very frequent in many parts in France Commendati Commendatio COmmendati were such as lived under the Protection of some Great Man Lord or Patron who undertook to secure their Estates and Persons for which Protection and Security they paid him an Annual Stipend or perfomed some Annual Service Commendatio was the Safeguard or Protection it self and was the same with Tutamen and Salvamentum and many times it signified the Annual Rent paid for such Security and Protection See Du Fresne's Glossary in the Words Besides the Commendati there were Dimidii Commendati according to the Latin of Domesday Book In Cotetuna Tenuit Teit Commendatus Dimidius Edrico praeposito Regis Dimidius Commendatus Antecessori Malet c. Little Domesday Book f. 322. b. This Teit in the time of King Edward had two Protectors Edric the Kings Reeve and the Predecessor of Robert Malet and paid half the Annual Rent for his Protection to one and half to the other And besides these there were Sub-Commendati such as were Commendati under Commendati that is Servants under them or such as had dependance on them and were also under the Protection and Security of their Patrons and Dimidii Sub-Commendati such as in like manner were under the Dimidii Commendati and had two Patrons or Protectors and the same as they had In parvo Thornham ii liberi homines unus eorum fuit Commendatus
nullus celebret nuptias Temporibus ab Ecclesia interdictis scilicet à prima Dominica de Adventu usque post Epiphaniam à Dominica de Septuagesima usque ad octavam Paschae à tribus diebus ante ascentionem usque octavam Pentecostes Three of our present Vacations are much like these as to time viz. The Vacation after Michaelmas Term the Vacation after Hillary Term and the Vacation after Easter Term which were established by Canon though not every where and in all places according to the same exact time but were in some Countries longer in some shorter though without any great variation The fourth long or autumnal Vacation was made by necessity The Harvest and Vintage where there was one and other autumnal Works being a sufficient cause for the Cessation of Law-business and leaving men free to follow their own Affairs Debet Judicialis strepitus Diebus conquiescere feriatis qui ob reverentiam Dei noscuntur esse statuti licet diebus feriatis Gratia vindemiarum vel messium ob necessitates hominum indulgentur procedi valeant Si de partium processerit voluntate And the gathering in of Harvest and other autumnal business were the chief motives for [4.] Stat. 32. Hen. 8. c. 21. abbreviating our Trinity and Michaelmas Terms the first of them in the end and the [5.] Stat. 17. Car. 1. c. 6. Practice of the Law in Normandy and England alike latter in the beginning We will add here that the practice of the Law in bringing all sorts of Writs of Assize and in Proceedings and Tryals thereupon was very near if not altogether the same both here and in Normandy Save that the Practise here was very much inlarged and lengthened in about two Centuries of years though the original manner of it was not much altered This is evident by the second and third Book of Glanvil from the whole fourth Book of Bracton but more especially the 16 th 17 th 18 th and 19 th Chapters of it and from the whole fourth Book of Fleta who in most things exactly follows Bracton but more particularly in his 5 6 7 8 and 9. Chapters of that Book And if what Justice Fitz-Herbert in the Preface to his Natura Brevium says and Sir Edward Coke in the Preface to his eighth part of his Reports and upon Littleton Sect. 101. fol. 73. b. be allowed as I think it is generally that original Writs are the Foundations upon which the Law dependeth and truly called the Principles of the Law then certainly the Foundations and Principles of ours and the Norman Laws are very little if any thing at all different This is what may be affirmed from greater reason than usually either Historians or Lawyers upon these Topicks bring for assuring any thing they assert But Sir Edward Coke in his Preface to the third part of his Reports observes and asserts from William de Rovil a Commentator upon this Treatise which he expounds mostly by the feudal and imperial Law in his Preface to it where he says from the History called Chronica Chronicorum The Customs of Normandy not from Edward the Confessor that our Edward the Confessor was the maker or giver of these Customs to Normandy But let us observe the Authority of this Historian for immediately after Rovill delivers from him for as great a truth and to be believed upon the same Terms that the Conqueror was not only Testamentary Heir by Donation of Edward the Confessor but also next Heir by blood to the Kingdom of England by his Wife Maud the Daughter of Baldwin Earl of Flanders and Neece of Edward the Confessor which was never heard from any other Author and therefore he may well be thought singular in one as well as the other nay idle and not to be believed And therefore all the Judges of Ireland passed by this Story as a surmize only in their Argument upon the case of Tenures fol. 36. But though Sir Edward lays a great stress upon this Author there yet he himself is of another opinion in another [6.] Reading de finibus p. 3. and Preface to his third Book of Reports A fond Assertion of Sir Edward Coke place viz. that the Conqueror found the Customs and Laws contained in the Grand Customer here and that from hence he carried them into Normandy For says he there if the Normans have any Laws that do resemble the Laws of England out of doubt when the Conqueror had subdued this Kingdom perceiving the equity and excellency of the Laws of England never attempted [7.] See what I have said before The Laws of England were by the Conqueror carried into Normandy to alter or change the same but to the end his Country men the Normans might know the Laws of England under which from thenceforth he resolved they should live And therefore for their benefit and safety he caused some of the Laws and Ordinances of England to be written in the Normand Tongue and afterwards seeing and well perceiving the happy success where such Laws were observed abolished his old Laws out of Normandy and established part of our English Laws there And it cannot be truly said that the [8.] Ibidem English Laws are in the Norman Tongue for the Laws of England are Leges non scriptae but divinely cast into the hearts of men and built upon the immovable Rock of Reason This Assertion is groundless This assertion is so groundless and precarious it deserves no Confutation it hath no Authority or Testimony nor other reason than his own Fancy to support it For it would have been a greater difficulty than the Conquest of England to have imposed the English Laws upon so stubborn a People as the Normans were especially at that time when the Conqueror had much to do to keep them in subjection nay Traditions and the mutable and various Constructions of them in stead of a Law if the Common Law of England as it is generally affirmed by the great men of the long robe was Lex non scripta The English Law Lex non scripta More excellent than Acts of Parliament c And learnt by Tradition especially by Sir John Davis in his Preface to his Irish Reports where he contends and often avers That the Common Law of England is Jus non scriptum and more excellent than our written Laws namely Statutes or Acts of Parliament Also that it is a peculiar invention of this Nation and delivered over from Age to Age by Tradition nay that it is a Tradition and learned by Tradition as well as by Books which makes me wonder how the Normans learnt it so quickly as to be Judges of it and judge Causes by it immediately upon the Conquest when 't is probable they understood not the English Tongue it may be it was divinely cast into their hearts and they understood it by Revelation But to return a little to the whimsey of Rovill in his Preface to the
ever should Enjoy the Liberties granted by them to the Kingdom of England which were written and sent sealed thither under the seals of the Popes Legat and William Earl Marshal the King then not * His Fatâ—… seal was 〈◊〉 with his 〈◊〉 Regalia 〈◊〉 passage oâ— the Wathâ—… having a Seal of his own In the seventh year of his Reign upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. mâ—… Dors. The King â—…hibits the Arch-Bisâ—… of Dubli◠〈◊〉 meddle wâ—â—â— secular caâ—… in Spirituâ—â— Courts Arch-Bishop who was then the Kings Chief Justice for proceeding against the Laws and Customs of the Nation used in all places of England and for his Vsurpation upon the Rights of the Crown against his Trust and Duty as Chief Justice in drawing several causes belonging to the Kings Temporal Courts to his Ecclesiastical Courts to Enlarge his Jurisdiction to the Grievance and Dishonour of the King There was a [3] Ibid. writ sent to him to forbear such things for the future or that he would be severely dealt with for such practises In the 11 th of his Reign [4] Cl. â—… Hen. 3. Paâ—… m. 21. The same to be in Iâ—â—land as Enâ—land conceâ—â—ing Excomâ—â—nicate Peâ—… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there for taking persons continuing Excommunicate by the space of forty days upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum as was used in England In the 12 th of his Reign he wrote to [5] Cl. â— Hen. 3. M Richard de Burgh his Justiciary to call together the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freetenents and his Officers in Every County and cause the Charter of King John to be read before them and then to injoyn them to the strict observation of the Laws contained in it In the 15 th year of his Reign about [6] Pariâ— 366. n. 20 The King Conaught his Army routed 2000 Men and the Kiâ—â— made prisâ—â—er July an Irish King of Conaught knowing that the King William Marshal and Maurice Fitz-Gerald were gone over into France so that Ireland was left without any great force to Defend it raised a mighty Army or rather a great number of people and entred into the Dominion of the English spoyling and Burning the Country The news whereof was brought to Geofrey de Marisco then Deputy Justiciary and he calling to his assistance Walter Lacy and Richard Burgh raised a considerable force with which he fought and beat the Irish killed twenty thousand of them and took their King Prisoner In the 19 th of his Reign the [7] Cl. â—… Hen. 3. M Dors. Free Commerce and trade betwâ—â—â— England aâ—â— Ireland King issued a writ to Maurice Fitz-Gerald his Justiciary for free Commerce and Trade between his Subjects of both Nations without Restraint The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland he wrote to the Arch-Bishop of Dublin and his justiciary for the Observation of the Statutes of Merton especially concerning Bastardy and in a Case then depending before them In the 24 th of his [9] Paris f. 526. n. 40. Coheirs females how they were to hold in Knights service Reign the King sent instructions under his seal how lands holden in Knights service that Descended to Sisters Coheirs should be divided and how and by whom Homage should be done and in what manner and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th of his Reign In the 29 th of his Reign the Welch putting King Henry to great Trouble he intended wholly to destroy them [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary and sent to Maurice Fitz-Gerald his Justiciary to come to his assistance with forces out of Ireland who not coming so soon as he was expected having a fair and prosperous wind was put out of his place of Justice and John Fitz-Geofry de Marisco substituted in his stead In the thirtieth of his Reign he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland directed a Writ to the Arch-Bishops and others in Ireland that the Laws of England should be strictly observed in Ireland as King John his Father had formerly commanded Yet notwithstanding this Command this privilege of using the English laws in Ireland was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish never intended by King John or King Henry that it should extend to all the native Irish but only to the English Inhabitants transplanted thither or there born and to such native Irish as faithfully adhered to these Kings and the English in Ireland against the Irish that complyed not with them who were not to receive any Benefit by them The King in the 38 th year was in Gascoigne and wanting Forces [4] Cl. 38. Hen. 3. M. 9. Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony sent his Writ to John Fitz-Geofry his Justice of Ireland to come to him in person with a good number of Men if there were no danger of an insurrection in Ireland otherwise to send Maurice Fitz-Gerald with the same force and to borrow Mony from the Popes Collector in Ireland for that affair with his consent to be repaid him at a certain day Prince Edward had the Kingdom of Ireland Committed to him for his support with power to make put in and out what Justices and other Officers he pleased when the Barons were at Oxford and had made their provisions in the 42 d. year of this Kings Reign he [5] Pat. 42. Hen 3. M. 5. Prince Edward put out of the Command of Ireland by the power of the Barons wrote to the Arch-Bishops Bishops Abbats Priors Barons Knights c. That he heard his Son intended to make a new Justice there and put his Castles into such hands as it might be great Damage and not without fear of their Disinheriting and therefore Commands them not to be obedient to any such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by assent and advice of his Council After the same manner he wrote to all Majors and Communities of Cities and Towns in Ireland and to the Constables of Castles and Commanded Alan Zousche his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents The King wrote to the [6] Cl. 49 Hen. â— m. 7 Dors. The Kings Writs to several great men to secure the Peace of Ireland Arch-Bishop of Dublin the Bishop of Meath his Treasurer Walter de Burgh and Maurice Fitz-Maurice Gerald that he heard there was like to be great Dissention between the
fuisse invenietur Qui eam tenet de Abbate Teneat recognoscat Quod si noluerit eam Abbas in Dominio habeat vide ne clamor inde amplius at me redeat Teste * He was consecrated A. D. 1081 and died 1096. Willielmo Episcopo Dunelm The King to * He was Sheriff William Cahains Greeting I Command you that you cause the Shire of Hamton to come together and by the Judgment thereof know if the Land of Isham paid Rent to the Monks of * That is of Ramsey St. Benet in my Fathers time and if it shall be found so let the Abbat have it in Demeasn or the Possession of it But if it shall be found to be Teinland he that holds it let him hold it of the Abbat and let him acknowledge to hold it so If he will not let the Abbat have it in Demeasn and see that no Complaint about this Matter returns to me again Rex Angliae [7] Ibidem Willielmo Vice-comiti Salutem Mando Praecipio Tibi ut Abbatem Ailsi facias habere Isham sicut ipse Dirationavit eam in Hamtona sicut Testimoniata jurata ad opus Sancti Benedicti T. R. Big The King of England to William the Sheriff Greeting I Require and Command thee that thou makest Abbat Ailsi to have Isham as he Recovered it by Proof in Northamptonshire and as it was Witnessed and Sworn to be to the Use of Saint Bennet Witness Roger Bigod This was the whole Proceeding after Proof by the Shire it belonged to the Abbat a Writ of Possession was directed to the Sheriff and then he had Seisin of the Land Rex Angliae [8] The Original in the Custody of Sir Tho. Hare Baronet Episcopo Eliensi Baronibus Justiciariis Vicecomiti omnibus fidelibus suis Francis Anglis de Grantebridge scira Salutem Sciatis quia Barnadus Abbas de Ramseia Dirationavit in Curia sua apud Sanctum Ivonem coram Justicia mea quam illuc miseram In the time of Hen. 1st Terram de Stowa Grettona versus Paganum Peverellum quam ipse Paganus Clamabat tenere de Ecclesia de Ramseia Et Recognitum ibi fuit quod nullum jus in Terra illa reclamare poterat sed Remansit Terra illa Ecclesiae de Ramseia Abbati solida quieta de tota calumnia Pagani Successorum suorum Et hoc Dirationamentum Warrantizo per Chartam meam Confirmo Roger Bishop of Salisbury was Elected 110â— and Consecrated 1107. and was Bishop 39 years and Justiciary of England many years in his time Et ideo volo praecipio quod Ecclesia de Ramseia Abbas eam amodo in pace quiete liberè teneat sicut Dominium Ecclesiae ejusdem Ita ne ulterius ei Respondeat nec alicui de Successoribus suis nec alteri qui per illum Clamet Teste * R. Episcopo Sarisher Pagano sil Johannis W. de Hoctuna Apud Westmonasterium The King of England to the Bishop of Ely the Barons Justiciaries Sheriff and all his Feudataries of Cambridgeshire French and English Greeting Know ye that because Barnard Abbat of Ramsey hath recovered at his Court at St. Ives before my Justice which I sent thither the Land of Stow and Gretton against Payn Peverel which he claimed to hold of the Church of Ramsey and it was there found by the Jury that he could claim no Right in that Land and that the whole belonged to the Church and Abbat of Ramsey free from any claim of Payn or his Successors And this Recovery I Warrant and by my Chart Confirm And therefore I Will and Command That the Church of Ramsey and the Abbat from henceforward shall hold them peaceably quietly and freely as the Demeasn of the said Church so as it shall not answer any more to him or any of his Successors or any Claiming by him Witness Roger Bishop of Salisbury and Payn Fitz-John and William of Hoctun at Westminster The King sent one of his own Justices to take the Assize or Verdict to prevent the partiality of the Jury which might have been before the Abbat himself or his Steward The like Confirmation almost was made by Queen Maud under her Seal in another Case in the Absence of this King 't is supposed as Regent The Inhabitants of the Hundred of Peritune now Pirton in Oxfordshire pretended the Maner or Hundred of Levechenor now Lewknor in the same County ought Suit and Service to their Hundred and was no Hundred of it self the Abbat of Abendon proved the contrary in the Kings Court in the Castle of Winchester Sed quia Rex tunc in Normannia erat Regina quae tunc praesens aderat taliter hoc sigillo suo Confirmavit Carta [9] Registrum Magnum de Abbendon in Bibloth Cotton Claudius B. 2. Reginae de Levechenora MAtildis Angliae Regina Roberto Episcopo Lincolniensi Thomae de Sancto Johanne omnibus Baronibus Francis Anglis de Oxenefordscira Salutem Sciatis quod Faritius Abbas de Abbendona in Curia Domini mei mea apud Wintoniam in * In the Exchequer or Treasury there which was then in Winchster Castle Thesauro ante Rogerum Episcopum Salesburiensem Robertum Episcopum Lincoln Richardum Episcopum Lundon Willielm de Curceio Adamum de Porto Turstinum Capellanum Walterum de Glocest Herbertum Camerarium Willielmum de Oyleio Gosfridum fil Herberti Willielmum de Enesi Radulphum Basset Goisfridum de Magna Villa Goisfridum Ridel Walterum Archidiaconum de Oxeneford per * Domesday Book kept in the Treasury of the Exchequer Librum de Thesauro Disracionavit quod Levecanora Manerium suum nichil omnino debet in Hundredo de Perituna facere sed omnia quae debet facere tantumodo in Hundredo de Levecanora facere debet in quo Hundredo habet Ecclesia de Abbendona xvii Hidas. Teste Rogero Episcopo Salesb Willielmo de Curci Adamo de Porto apud Winton Maud Queen of England to Robert Bishop of Lincoln and Thomas St. John and all the Barons of Oxfordshire French and English Greeting Know ye that â—aritius Abbat of Aberdon in the Court of my Lord and mine at Winchester in the Exchequer before Roger Bishop of Salisbury Robert Bishop of Lincoln and Richard Bishop of London William de Curcey Adam de Port Turstin our Chaplan Walter of Glocestre Herbert the Chamberlain William D'oyly Geofrey Fitz Herbert William de Enesi Ralph Basset Geofrey Magnaville Geofrey Ridel and Walter the Arch-Deacon of Oxford proved by Domesday Book or the Book which was kept in the Treasury of the Exchequer That his Maner of Levecanor ought no Suit or Service to the Hundred of Peritune but whatever it ought to do was only to be done in the Hundred of Levecnor in which the Church of Abbendon hath seventeen Hides
passed but with his consent and advise that is nothing could be Sealed without his allowance or privity as it there appears But the Justiciary surmounted him and all others in his Authority and he [4.] Spelm. Gloss f. l. 331. alone was indowed with and exercised all the Power which afterwards was executed by the four Chief Judges that is the Chief Justice of the Kings-Bench the Chief Justice of Common-Pleas Steph. Segrave Mat. Paris A. D. 1234. Chief Baron of the Exchequer and the Master of the Court of Wards As Sir [5.] Ibidem Henry Spelman makes it out by the Articles exhibited against Hubert de Burgo there cited out of Mat. [6.] Fol. 376. n. 30 40 50. Paris and other Instances [7.] Spâ—lm Gloss ut sup The Barons by right of Dignity in all Cases many others by Right of Tenure and most by Priviledge granted by Chartre were not to be impleaded for their Lands and Tenements but before the King or his Capital Justiciary Some Remains there are to this day There remains somewhat of the Office of the old Justiciary in the Chief Justice of the Kings-Bench of this great Office in the Chief Justice of the Kings-Bench all England as to keeping the Kings Peace and Dignity of the Crown and some other Matters is under his Jurisdiction and therefore is stiled Chief Justice of England This great Officer had his Original from [8.] Spelm. Gloss fol. 332 Normandy and was the same in Power and Office with the ancient (*) From the Teutonick Sehen or Saxon Theon to see videre inspicere scale servus or Minister as it were the chief Minister or Inspector of the Family Major Domus Dapiser Scon. Somn. Gloss in verbo or Seneschallus and so from this great Service and general imployment called Seneschallus Normaniae Seneschal thereof or very like him anciently there was wont says the [9.] C. 10. Grand Customs of Normandy a certain Superior Justice called the Prince his Seneschal to travel and pass through all Normandy The great power of the Justiciary which name we received from Normandy Grand Cust c. 384. he corrected the Delinquence of inferior Justiciaries took care of and secured the Prince his Lands caused to be observed the Rights and Laws of Normandy and rectified what had been less justly done by the Bayliffs and removed them from their Office if he thought it convenient He also inquired into the Vsages and Customs of the Forest and caused them to be observed every three years he passed through and perambulated every part of Normandy and visited every (a) Bayly-wic was a portion of the Dukedom of Normandy Bayly and Balywic what Si inventus saerit in Balliva sua Grand Cust c. 4 answerable to our County having respect to that Province and hence that expression in the King's Suit to the Sheriff of a County or Shire it was greater than a Vicount and contained many of them the Bayliff was an Officer appointed by the Prince and had greater Power and Jurisdiction in greater Causes than the Vicount he was Judge of and had Power to hold Assizes in his Balliage to keep the Peace of the Prince to hold Pleas of the Sword or Crown and had cognizance of Arms and arming the People Bayly-wic and inquired into all the Excesses and Injuries done there by Sub-Justiciaries he likewise took notice of all publick Thieves Rapes Murders Burnings or Fireings of Houses and all other Pleas of the Sword or as we call it the Crown of Treasure digged out of the Earth Mines Wrecks Water-courses changed or not kept High-ways changed or stop'd up c. doing right in all these and many more things there enumerated This great Officer was also General Vice-roy and Guardian of the Kingdom in the Kings absence and sometimes made Peace and War by the advice of the chief Nobility as may be observed in the following History The Determination of this great Office This mighty Office of Justiciary received many gradual Diminutions and at length determined about the [1.] Dugd. Origin Jurid fol. 20. 45 th of Henry the Third there being afterwards a Chief Justice in each Court of Kings-Bench and Common-Pleas appointed [2.] Spel. Gloss fol. 334. men less eminent in Quality not of the highest Nobility or greatest order in the Church without great Alliances in Blood and a numerous Train of Clients and Followers less Popular and so less Factious and more easily to be commanded by the Prince yet more knowing in the Law which by this time was become a [3.] Ibidem very sublime Mystery very intricate and involved Inferior Ministerial Officers all Normans For other inferior Ministerial Officers Earls Vicounts Bayliffs Lords of Hundreds and Maners before whom Titles and Causes of smaller Consequence were tried 't is evident they were all Normans none but they injoying any considerable Lands Liberties or Jurisdiction as must be acknowledged by all that know any thing of the Catalogue of Proprietors in * Append. n. 10 Doomesday Book or have well considered what Gervasius [4.] L. 1. c. 23. Tilburiensis says in his Book de Necessariis Scaccarii observandis to that purpose a Person beyond exception being an Officer in the Exchequer which Court then took notice of all the Estates in England one way or other Nor were the Judges and Lawyers of those times in all probability other than Normans for then they were most if not all [5.] Dugd. Origin Jurid fol. 21. Clergy-men and so were they in Normandy as is manifest by the [6.] C. 9. Grand-Customer where 't is said the Judges are Sage Persons and Authentick which in Court give judgment of those things they have heard as Archbishops Clergy-men Judges and Lawyers in Normandy Bishops Canons of Cathedral Churches and other dignified Persons Abbots Priors and Rectors of Churches famous for their Honesty and Piety and the most of the great Clergy-men in this Nation then as Bishops dignified Persons Abbots Priors c. were Normans William [7.] Hoved. fol. 259. b. n. 30 40. A. D. 1070. depriving very many of the English of their Ecclesiastick Honours and put those of his own Nation into their places as a means to confirm him in his new acquests and 't is not to be doubted but great numbers of the inferior Clergy as well Regular as Secular came over with them who were exercised in the Controversies of the Norman Law for Confirmation whereof there were in the Reign of William Rufus so many of the Clergy Lawyers that [8.] Fol. 69. b. n. 10. All Clerks Pleaders Malmesbury said there was nullus Clericus nisi causidicus No Clerk which was not a Pleader If therefore the Justiciaries Chancellors Earls Sheriffs Lords of Maners such as heard Causes and gave Judgment were Normans if the Lawyers and Pleaders were also Normans the Pleadings and Judgments in their several Courts must of necessity
put their Judgments in Execution The Subjusticiers were Officers established under the Justiciers to do Execution such were Viscounts Serjeants of the Sword Bum-Bayliffs Bedells or under-Serjeants c. C. 5. with the Coment A Vicount in Normandy was an under Officer of the Law a Pedanens judge and was the very same with a Provost or a Viginer or Vicar who heard small and Ordinary Cases Pasqu Recherch fol. 860. D. Serjeants of the Sword The Office of the Vicount was to hold Pleas of antient Paths Ways Bounds Watercourses c. and to walk the Parish with twelve men of the same and by their Oath or the Oath of the greater part of them to inquire whose Lands lay next the Ways c. and cause them to be amended by those which held the Land accordingly he was to inquire by the Oath of twelve lawful men of Malefactors as Murderers Thieves Traytors Ravishers and other Criminals to keep them in Prison till they were delivered by the Law of the Country These had also under them Serjeants of the Sword who held the Views and made the Summons to them and executed the Precepts of the Assizes and what was judged there and to keep and deliver according to Law Distresses taken The Bedells were the less Serjeants which ought to take the Distress and to do Offices less honourable and to make the lesser Summons and these were in every good Town C. 6. Default Trespassment des Termes sont Appellez defaultes that is such as came not at the time appointed nor appeared in Court according to Summons or when they ought or performed not what they were then to perform were in Default Fealty No man in Normandy could receive Fealty from another without saving his Fealty to the Duke which is to be expressed in doing Homage And therefore the Duke hath the whole Justicement of the body of a man for or by reason of the Fealty that all men owe him If a Lord doth wrong to his man by reason of his Fee the Court then appertains to the Duke if there be no Mesne or Middle-Lord between the Duke and him which by reason of his Fee may have the Court. About Distresses taking Goods and impounding Cattle much used C. 7. as in use with us Of the times when many Lands are to be several or commune C. 8. the Vsage much the same as in England Judges were Sage Persons and Authentick C. 9. So it was in England Who anciently Judges in Normandy Bishops Abbats Priors Canons c. which gave Judgment in Court as Archbishops Bishops Canons of Cathedral Churches and other dignified Persons in Churches Abbats Priors Conventual and Governours of Churches famous for their Discretion and Honesty Bayliffs Knights Serjeants principal and Seneschals of Barons Famous for Knowledge and Honesty every of these might remain in Judgment if the Cause were not their own or they were no ways Parties nor had given Judgment nor were Witnesses in it nor were suspected for Love Favor or Hatred Barons ought to be judged by their Peers and others by all such as cannot be removed from Judgment i. e. such as were not suspected as before Antiently there was in Normandy a greater Justice than all the beforementioned which was called the Seneschal of the Prince C. 10. Seneschal of Normandy He was like the Missi Regales or Dominici in the old Empire or Itinerant Justices anciently that went their Circuits once in two three four five or six years he corrected all inferior Justiciers as Bayliffs c. and removed them from their Offices if he saw it convenient he preserved the Land of the Prince and made to be preserved the Laws and Rights of Normandy to which purpose he travelled every three years through Normandy and visited all the particular Baylywicks and inquired of the Injuries and Excesses done by the Sub-justiciers and also held Pleas of the Sword c. and in all things that belonged to his Office he might cause them to be amended without Pleas or Assizes and in all places where he found any thing amiss he might do as he thought expedient Custom Law and Usage C. 11. Custom Law and Vsage understood and practised in the same manner as in England All such as were Residents in the Dutchy of Normandy C. 14. All the Residents in Normandy sware Fealty to the Duke ought to swear Fealty to the Duke and keep it and therefore in all things they ought to be Loyal towards him and were not to procure his damage nor to give Council or Aid to his manifest Enemies such as were found culpable of any of these things were called Traytors to their Prince and all their Possessions remained to him always The Women in Normandy without consent of their Husbands C 15. could make no Contract or Bargain Wrec belonged to the Duke of great and rich things there named C. 1â— Wrec and of ordinary things to the Lord of the Fee all the Controversies arising from it were to be determined in the Dukes Court. Treasure Trove i. e. found or digged any where C. 18. Treasure Trove belonged to the Duke Waifs belonged to the Lord of the Fee or sometime to the Duke C. 19. Waifs c. according to Custom C. 20. And Glanv lib. 7. c. 16. The Chattels of Vsurers that died belonged to the Duke so to our Antient Kings C. 21. Felonâ— Goods were the Dukes The Chattels of such as killed themselves Excommunicate and Desperate Persons such to whom Confession and the Sacramenâ— was denied were the Dukes C 22. Moveables and Chattels forfeited to the Duke All Moveables forfeited belong to the Duke Moveables were the Chattels of such as were condemned by Judgment that were hanged burnt their Eyes pulled out or their hands or Feet cut off or banished c. C. 24. Assize what Assize was an Assembly of Knights and Sage men with the Bayliff in a certain place and at a certain time which contained the space of forty days between one Assize and another by which Judgment and Justice was done of such things as were heard in Court in these Assizes the Juries sometimes were brought to a Non-scavoir Non-scire Ibidem Juries brought in Ignoramus or Ignoramus And when nothing of Certainty or Credit was deposed the Inquest being first examined the Return or Verdict was L'enquest scet rien Ibidem Lands c. forfeited as in England The Lands and Estates and Profits of condemned Persons for Felony were the Dukes for a year and a day afterwards they were the Lords of the Fee of whom he held immediately so in England C. 25. The eldest Son Succeeds the whole c. In Fuedal Succession the Eldest Son succeeds in the whole and so it descends to the next of the Blood and never ascends when there is any of the descending Line remaining In the Latin Version of the Customer of Normandy
He likewise impleaded all the Earls Barons Clerks and Laicks of England concerning their Forfeitures in his Forests and for Hunting in the time of War and caused them all to be Fined notwithstanding Richard de Lucy Justitiary of England appeared on their behalf and vouched the Kings Mandate from beyond Sea by which he was impowred to grant them License to Hunt c. On the Tenth of August [1.] Hoved. f. 311. b. n. 30 40. Ben. Abb p. 66. b. 67. a. b. Both Kings meet at York where the King of Scotland and David his Brother did Homage to them both Kings were at York where William King of Scotland and David his Brother Cum universis fere Episcopis Abbatibus aliis Magnatibus terrarum suarum says Hoveden with almost all the Bishops Abbats and great Men of his Land Abbat Bennet says That the King of Scots met him there secum adduxit omnes Episcopos Comites Barones Milites Francos Tenentes terrae suae a maximo ad minimum and brought with him all his Bishops Earls Barons Knights and Franc-Tenents or such as held by Military Service from the greatest to the least The Business of this great Meeting was to renew the Peace and Agreement the King of Scots had made with the King of England when he was his Prisoner at Falais in Normandy The Effect where f was 1. â—That the King of Scotland and David his Brother did Homage to King Henry for all the Territories they were possessed of namely Scotland and Galway and did Swear Allegiance and Fealty to him against all Men. The like they did to Henry his Son saving their â—Allegiance and Fealty to his Father The Bishops and Abbats of Scot and swear Allegiance and Fealty to the Kings of England and their Heirs 2. â—In like manner Richard Bishop of St. Andrews Joscelin Bishop of Glasco Richard Bishop of Dunkeld Christian Bishop of Galway Andrew Bishop of Caâ—nes Simon de Thoum Bishop of Murrey the Abbat of Kelzan Laurenâ—e Abbat of Malros and the Abbat of Newbottle and besides those all the Abbats of Scotland did Swear Allegiance and Fealty by the Command of the King â—of Scotland to both Kings of England and their Heirs for ever 3. â—The same Bishops sware That if the King of Scotland observed not this Agreement with the King of England they would put him and his Land under an Interdict until he submitted himself to his good pleasure They swear Subjection to the Church of England They also Sware they would continue the same Subjection to the Church of England their Predecessors â—were used to observe or such Subjection as was due unto it 4. The Earls and Barons of Scotland swear Allegiance to both the King and his Son Henry â—In like manner the Earls and Barons by Command of the King of Scotland did Homage and sware Allegiance and Fealty to both Kings against all Men viz. Earl Dunâ—can the Earl of Angus and Earl Waldef and they sware That if the King of Scotland should recede from the Agreement they would assist the King of England against him until he made satisfaction according â—to his Will The Agreement between the King of England and Scotland Sealed Several Cautionary Towns and Castles put into the King of England's hands And then the King of England caused the Agreement between him and the King of Scotland to be read before them all and to be Confirmed with his Seal and the Seal of his Brother David which see in the Appendix n. 167. But besides their Seals he had for his Security the Castles of Rokesburgh Berwick Gedwurth Edinburgh and Sterling put into his Hands which were to be maintained by a proportionable Allowance out of the Revenue of the King of Scotland by assignment of the King of England After [2.] Ibidem p 69. a. The King of England gives leave to the King of Scots to go into Galway the dispatch of this great Affair at York King Henry gave leave to the King of Scots to march with his Army into Galway to subdue Gilbert Son to Fergus that had receded from his Fealty and wickedly slain his Brother Vctred On the Twenty fifth of January [3.] Hoved. f. 313. a. n. 50. The King holds a Council at Northampton the King held a great Council at Northampton with the King his Son and with the Arch-Bishops Bishops Earls and Barons concerning the Statutes and Laws of the Kingdom and by common Advice of them all divided it into six parts into every one of which he sent three Justices which were these I. Hugh de [4.] Ibid. b. Cressi Walter Fitz-Robert Robert Mantel Norfolke Suffolke Cambridgeshire Huntingtonshire Bedfordshire Buckinghamshire Essex Hertfordshire II. Hugh de Gundevill William Fitz-Ralph William Basset Lincolnshire Nottinghamshire Derbyshire Staffordshire Warwickshire Northamptonshire Leicestershire III. Robert Fitz-Bernard Richard Giffard Rogert Fitz-Râ—infray Kent Surry Hampshire Sussex Berkshire Oxfordshire IV. William Fitz-Stephen Bertram de Verdun Turstan Fitz-Simon Herefordshire Gloucestershire Worcestershire Shropshire V. Ralph Fitz-Stephen William Ruffus Gilbert Pipard Wiltshire Dorsetshire Sumersetshire Devonshire and Cornwall VI. Robert de Vaus Ranulp de Glanvill Robert Pikenot Yorkshire Richmundshire Lancastershire Coupland Westmâ—rland Northumberland Cumberland And then [5.] Ibidem n. 40. The King Swears his Justices to observe his Statutes the King caused all these Justices to Swear they would truly and justly without any Artifice keep the underwritten Statutes and cause them to be kept inviolably by his Subjects The Assises or Statutes of King Henry made at Clarendon and Renewed at Northampton I. The Trial by Water Ordeal Established â—IF any one was Accused before the Kings Justices of Murder Theft or Robery or for receiving such Malefactors or of Forgery or Malicious Burning of Houses by the Oaths of twelve Knights of the Hundred and if there were not Knights present then by the Oaths of twelve Lawful Freemen and by the Oaths of four Men of every Town of the Hundred let him go to the Judgment or Trial of Water or Water Ordeal and if he appears Guilty let one Foot be cut off And at Northampton it was added for the Rigor of Justice That he should besides his Foot have his Right Hand cut off and to abjure the Kingdom and leave it within forty days If he be Innocent let him find Pledges and Sureties and stay in the Kingdom unless he be accused of Murder or any heinous Felony by common Fame or Report of Legal Knights of the Country then though acquitted by the Trial of Water he was to go out of the Kingdom within forty days and carry his Goods with him saving the Right of his Lords and to be at the Kings pleasure for abjuring the Kingdom This Statute shall take place from the time the Assise or Statutes were made at * * Anno Dom. 1164. 10 Hen. 2. Clarendon until this time and as much longer as the King pleaseth in Murder
Treason and Malicious Burning and in all things aforesaid except in small Thefts and Roberies which were committed in the time of War as of Horses Oxen and lesser â—things II. No Strangers to be lodged above one Night in a House and to depart in the day time â—It shall not be Lawful for any Man in Burgh or Town to Lodge a Stranger above one Night in his House without bringing him to Examination unless he hath a reasonable Excuse which the Host is to make known to his Neighbours and when he goes from his House he is to do it before his Neighbours and in the â—day time III. No one can deny any Felony he hath confessed before the Justices or what he hath confessed before he be apprehended â— Si quis saisitus de Murdro vel de Latrocinio vel Roberia vel falsoneria inde sit cognoscens vel de aliquâ aliâ Feloniâ c. If any one be apprehended for Murder or Theft or Robery or Forgery or any other Felony he hath committed and confesseth it before the Hundredary or Chief Magistrate of the Hundred or Burgh and before Lawful Men he cannot deny that afterward before the Justices Et si idem sine saisinâ coram eis aliquid ejusmodi recognoverit c. And if any one without being apprehended shall confess or acknowledge any such Crimes before such Persons he â—cannot deny it before the Justices IV. â— Si quit obierit Francus Tenens c. If any Franc-Tenent dies Heirs to inherit what the Father died seizâ—d of and to satisfie Legacies If unâ—r Age the Lord oâ— the Fee to receive his Homage and Wardship The Relict to have her Dower his Heirs shall remain in Tali saisina qualem pater suus habuit c. in such Possession as their Father had of his Fee in his Life time and they shall have his Catals or Goods and satisfie the Devise or Legacies of the Defunct and afterwards they shall repair to the Lord and satisfie him for his Relief and do all other things they ought concerning their Fee and if the Heir be under Age the Lord may receive his Homage and have the Wardship of him so long as he ought other Lords if he have any may receive Homage of him and he may do to them what he ought The Relict of the Defunct may have her Dower and such part of the Goods as belong to her If the Lord of the Fee denies the Seisin or Possession to the Heirs of the Defunct which they claim the Kings Justices may make Recognition by twelve Legal Men what manner of Seisin the Defunct had in his Life time and according to the Verdict restore it to the Heirs And if any one doth contrary to this Statute and be thereof attainted inde attaintus fuerit â—he shall remain in the Kings pleasure V. â—The Kings Justices shall cause a Recognition to be made of Dissaisins from the precise time the King came into England after he â—made Peace with the King his Son VI. â—The Justices shall Administer the Oath of Fealty to the King by the Close of eight days after Easter The Oath of Fealty to be Administred to all Persons within eight days after Easter or Whitsunday All that refuse to be looked on as the Kings Enemies or at furthest eight days after Whitsunday to all Earls Barons Knights Free-Tenents and also to Rusticks or Husbandmen who will stay in the Kingdom and he that will not take the Oath of Fealty shall be taken as the Kings Enemy and the Justices have power to command all such as have not done Homage and Allegiance to the King to come at a time â—appointed by them and do to them as to their Liege Lord. VII â—The Justices shall do all manner of Law and Right belonging to the King or his Crown by his Writ The Justices empowered to do all manner of Right in the Kings absence If the Controversie be weighty to be referred to the King or his Vice-Roy or the Writ of his Vice-Roys in his absence concerning half a Knights Fee or under unless the Controversie be so weighty as it cannot be ended without the King or of such a nature that the Justices ought to Report it to him for his satisfaction or to his Lieutenants or Vice-Roys and they shall according to the best of their skill and power do what â—is for the Advantage of the King VIII â— Faciant etiam * * Assisa sometimes signifies Mulcta The Justices to inflict Punishment upon Malefactors by the Kings appointment Assisam de Latronibus iniquis Malefactoribus terrae quae assisa est per Consilium Regis filii sui Hominum suorum per quos ituri sunt Comitatus The Justices also shall inflict such Punishment upon Thieves and wicked Malefactors in those Counties they pass through which was set and appointed by Direction â—of the King his Son and their Men. IX The Justices to take care that Castles be demolished and destroyed â—The Justices shall take care that the Castles that are demolished be throughly demolished and that such as are to be destroyed be levelled with the Ground and unless they do this the King will â—have them judged in his Court as Contemners of his Precept X. ' The Justices shall enquire of Escheats of Churches Lands ' and Women that are in the Kings Donation XI The Kings Bayliff to answer Perquisites as well as set Rents â—The Kings Bayliffs shall answer at the Exchequer as well for the Perquisites as the set Rents in their Bayliwicks except such as â—belong to the Sheriff and his Office XII â—The Justices shall enquire of Castle-Guards and from whom and how much and where they are due and shall inform the King â—thereof XIII â—A Thief when he is taken is to be committed to the Sheriff if the Sheriff be not near he is to be carried to the next Castellan or Constable of a Castle and he is to keep him until he delivers him â—to the Sheriff XIV Those that flee out of the Land to be Outlawed if they return not within an appointed time â—The Justices shall cause Enquiry to be made by the Custom of the Land for such as are fled or gone out of the Kingdom and unless they will return within an appointed time and stand to Right in the Kings Court they shall be Outlawed and their Names returned into the Exchequer at Easter and Michaelmass and from â—thence sent to the King In the Feast [6.] Hoved. f. 314. b. n. 40. of Easter this year young King Henry and his Son Richard Earl of Poictou and Geofry Earl of Britany were with their Father at Winchester and after that Solemnity the three Sons with their Fathers leave passed into Normandy Young Henry with his Brothers go into Normandy Richard with his Brother Henry overcomes the Brabanters and reduces them Richard forthwith went into Poictou raised an Army and
of Richard Bishops of Winchester Henry Bishop of Bayeux Giles Bishop of Eureux Froger Bishop of Sees and in presence of Simon Earl of Eureux and Robert Earl of Leicester and before many other Earls and Barons of his Kingdom That no Man presume to take the Goods of a Vassal for the Debt of his Lords nequis pro Domini debito res hominis capere praesumat unless the Vassal was Pledge or Surety for the Debt of his Lord but the Rents of Vassals which they are to pay to their Lords shall be paid to their Lords Creditors not to the Lords The other proper Goods of Vassals shall be in peace neither shall it be lawful for any one to Distrein namtire non liceat or take them for the Debts of their Lords This Statute and this Custom Hoc Statutum Consuetudinem hanc c. the King Ordained should be firm and general in all his Towns and every where in his Dominions viz. in Normandy Aquitan Anjou Main Turain and Britany and that it might be stable permanent and firmly observed and kept it was Written and Confirmed with his Seal After this the King [3.] Ibidem 110. a. The King of England summons his Earls and Barons of Normandy to appear with Horse and Arms. by his Writ summoned the Earls and Barons of Normandy to meet him at Argenton on the Ninth of October prepared with Horse and Arms for his Service and went to Alencon and sent his Son Richard into Poictou to subdue his Enemies King Henry desirous to return into England sent to Lewis King of France and obtained his Letters of Protection in this Form [4.] Hoved. f. 327. a. n. 30. An. Do. 1178. The King of France gives the King of England Letters of Protection LEWIS King of France to all whom these Presents shall come Greeting Know ye that We have received into Our Custody all the Lands of Our Most Dear Brother Henry King of England on this side the Sea if he shall happen to pass into England or go on Pilgrimage so that when his * Baillivi sui Bayliffs or Officers shall Require Vs We shall truly without Design give them our Counsel and help for the Defence and Protection of the same After his coming out of [5.] Ibidem f. 331. a. n. 40. Geofry Earl of Anjou Knighted by his Father His Military Exercise and Ambition Normandy into England at Woodstock he Knighted his Son Geofry Earl of Britany who soon after passed into Normandy and in the Confines of France and that Country was at a Torneament or the Exercise of Feats of Arms where he was ambitious to have the Reputation of a Courageous Kngiht and the rather because his Brothers Henry and Richard had acquired great Honour and Renown in such Military Exercises Peter of St. Agatha [6.] Ibidem b. n. 10. The King puts an Oath upon the Popes Legat. An. Do. 1179. the Popes Legat came this year through England to summon the Bishops and Abbats of Scotland and Ireland to a General Council at Rome but before he had leave to pass through the Kingdom he made Oath not to do or seek to do any Injury to the King or Kingdom and that he would return the same way [7.] Ibidem f. 332. a. n. 50. And upon the Scottish and Irish Bishops and Abbats An. Do. 1179. The same Oath the Scottish and Irish Bishops and Abbats took before they had passage given them to go this way with the Legat. After Easter the King [8.] Ibidem f. 337. a. n. 20. England divided into four Circuits held a great Council at Windsor and by the common Advice of his Arch-Bishops Bishops Earls and Barons he divided England in four parts and to every part he appointed Wise Men to do Justice in the Land After this manner I. Richard Bishop of Winton Richard the Kings Treasurer Nicholas Fitz-Torold Tho. Basset Robert Witefeld Hamshire Wiltshire Gloucestershire Dorsetshire Sumersetshire Devonshire Cornwall Berkshire Oxfordshire II. Geofry Bishop of Ely Nich. the Kings Chaplain Gilbert Pipard Reginald de Wisbech the Kings Clerk Geofry Hosee Cambridgeshire Huntingtonshire Northamptonshire Leicestershire Warwickshire Worcestershire Herefordshire Staffordshire Shropshire III. John Bishop of Norwich Hugh Murdac the Kings Clerk Michael Belet Richard Del Pec. Radulph Brito Norfolk Suffolk Essex Hertfordshire Middlesex Kent Surrey Sussex Buckinghamshire Bedfordshire IV. Godfrey de Lucy Johannes Cumin Hugh de Gaerst Ranulph de Glanvill William de Bendings Alanus de Furnellis Nottinghamshire Derbyshire Yorkshire Northumberland Westmerland Cumberland Lancaster The last six were appointed [9.] Ibidem b. n. 20. Justices in the Kings Court to hear the * Clamores populi Clamor a common word then for a Suit or Petition Clamours or Business and Suits of the People and had the last seven Counties assigned them This year Lewis King of [1.] Jo. Brom. Col. 1139. n. 40 50.60 c. An. Do. 1179. The King of France calls together all his Bishops Earls and Barons to Crown his Son Philip at Rhemes His Son falls sick He had a Vision by which he was admonished for his Sons Recovery to visit the Martyr of Canterbury so called France cited all the Arch-Bishops Bishops Earls and Barons of his Kingdom that they should without Excuse be in the City of Rhemes on the Assumption of the Virgin Mary that is the Fifteenth of August to Crown his Son Philip then Fifteen years old They hastned to come as they ought to do but just before the time his Son fell into a great Sickness so as many despaired of his Life his Father grieved night and day and was mightily afflicted for his Son Being thus without Comfort one Night when he had happily fallen into a sound Sleep St. Thomas the Martyr of Canterbury appeared to him and told him the Lord Jesus Christ had sent him his Servant to him to let him know That if he believed and with Contrition went to visit his Servant Thomas the Martyr of Canterbury his Son should recover his Health He discovered this Vision to his Friends and asked their Advice who told him it was dangerous to pass by Sea into another Mans Country Roger Hoveden is more modest in this Story and only says he was admonished by Divine Revelation He comes to Canterbury Offers and Prays at his Tomb. Gives the Monks 100 Measures of Wine every year And grants them a Charter of many Priviledges in France c. The next Night the Martyr appeared the second and third time and told the same Story and added Threats if he went not quickly and obeyed the Command of God He came and the King of England met him at Dover on the Twenty second day of August and Conducted him to the Tomb of the Martyr where the King of France Prayed and offered a great and precious Golden Cup and gave to the Monks of Holy Trinity for ever yearly One hundred Measures of Wine Centum Modios Vini to be
against him The Militarie men Dissatisfied at the Arch-Bishops proceeding against the Earl of Clare heightned the anger of the King and Militarie men of the Kingdom or Government That he designed to recover the Castle of Tonebrigge from the Earl of Clare and that whole honor long ago aliened from the Church of Canterbury because according to the Decretals it was lawfull for his Predecessors and the Stewards so to manage the farmes of the Church as to increase them not to lessen or alienate them To this Earl of Clare almost all the Nobility of England were allied The [6] Ibid. p. 15 Col. 1. The Arch-Bishop pretends to a right of presentation to all livings in all Towns possessed by his great Tenants and Monks He Excommunicates William de Eynsford a Tenant in Capite and Absolves him to please the King Arch-Bishop had or challenged a right to present to the vacant Churches in the Towns as well of his Barons as his Monks and gave the Church of Eynesford in Kent to one Laurence a Priest The Lord of the Town William de Eynesford molested the Servants of Laurence and forced them out of the Town The Arch-Bishop Excommunicated him he applies himself to the King who writes to the Arch-Bishop to Absolve him whose answer to the King was That it belonged not to him to command any man to be excommunicated or absolved The King insisted upon his Royal Dignity or Prerogative That no Tenent in Capite ought to be Excommunicated without his Knowledge or Consent At length the Arch-Bishop to please the King Absolved him from henceforward the King had no kindness for him tho before he had obteined of him libertie to enjoy the whole Dignity of his Church and that he might seek to recover all the Lands which had been aliened by his Predecessors or were possessed by Lay-men The Insolence and wickedness of Clercs Long before this the King had been angry with the Clergy in the time of Arch-Bishop Theobald having been provoked with the insolency of some of them who had committed Rapin Theft and Murder [7] Ib. Col. 2. Guilty of great Crimes For this reason the King demanded of the Arch-Bishop That by the Consent of him and his * Coepiscoporum The King would have â—hem tryed in his secular Court Fellow-Bishops such Clercs as were taken in convicted of or had confessed any great crime should first be degraded and forthwith delivered to his Court That they might be corporally punished and not have any protection from the Church [ ] Ib. p. 16. Col. 1. He demanded also That when any Clerc was degraded some of his Officers might be present to take him into Custody that he might not fly and escape that punishment The [9] Ibidem The Arch-Bishop calls together the Bishops They were of opinion Clercs were to be Degraded and Delivered to the secular Court Arch-Bishop when he could not obtein leave to deferre his Answer untill next morning went apart with the Bishops and discoursed the matter The Bishops were of opinion that according to the secular Law Clercs were to be degraded and delivered to the Secular Court to be corporally punished which they proved not only by Laws but authentic Examples But he [1] Ibidem The Arch-Bishop says it was against the Canons and Cautions them about the Liberty of the Church following the Canons thought otherwise asserting it was unjust against the Canons and against God that any man should be twice punished by two several Courts And added that they ought to be very carefull that they destroyed not the liberty of the Church by their own Consent for which by example of their High Priest they were by Duty bound to contend unto Death [2] Ib. Col. 2. p. 17. Col. 1 The Bishops replyed that if they consented to what the King demanded the Church was in no danger and that they ought to yield to the wickedness of the time as they called it lest the King should seize all their Temporalties The Arch-Bishop persisted in his opinion and told them they migt not expose any man to death That could not be present at a sentence of Blood The King [3] Ib. Col. 2. not like to prevail in this asked them if they would observe his Royal Customes or Laws The Arch-Bishop answered in all things [4] Salvo tamen per omnia in omnibus ordine nostro The Arch-Bishop and Bishops answer to the King about keeping his Royal Customes Saving their Order by and in all things Afterward he asked the same thing of every Bishop in order and they all gave him the same Answer At which the King was much troubled and left them The Bishops fearful of the Kings Anger followed him and consented to acknowledge his Laws without any [5] Ib p. 18. Col. 1. saving but the Arch-Bishop was immoveable and said far be it from him That for the fear or favor of any Mortalman he should be found to contemn God [6] Ib. Col. 2. The Case between a Burgess of Scarburgh and a Dean If an Angel should come from Heaven and give him advice to make such an absolute acknowledgement he would curse him When the [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law King on a certain time was at York a Burgess of Scarburgh complained to him of a Dean a rural Dean that had taken from him 12 s. and injoyned his Wife penance as an Adulteress without proof contrary to the Kings Law The Dean was Convented before the King the Arch-Bishop the Bishops of Lincoln and Durham and John Treasurer of York who not being able to clear himself the Kings Barons were joyned to the Bishops to pronounce sentence upon him John the Treasurer thought it sufficient if he restored the Burgess his money again and was left to his own Bishops mercy whether he should keep his Office or not [7] Richard de Lucy was then Justitiary of England Satisfaction Demanded for Breach of the Kings Law Richard de Luci asked what satisfaction the King should have for the Breach of his Law John answered nothing because he was a Clerc whereupon he refused to be present at the Passing of the Sentence and went out with the other Barons to the King who appealed from this sentence but being called beyond Sea upon extraordinary business did not prosecute the Appeal The The Insolency and Crimes of Clercs Justices Itinerant being at Dunstable there happened a Controversie between Simon Fitz-Peter and Philip de Broc Canon of Bedford Simon informed the King that Broc in a great audience had spoken dishonorably of him The King accused him before the Arch-Bishop and not being able to deny it excused himself that it was done in passion The King demanded judgment against him The Clergy judge him to lose the Benefit of his Prebend for a year and Banishment out of England for that time but this
Emperor for a Summe of Money It was observed [7] Ibid. Earl John well pleased with his Brothers imprisonment His contrivance to secure the Crown for himself That Earl Iohn was very Brisk when he heard his Brother was made Prisoner and conceived great hopes of being King and therefore he wheadled in many through the whole Kingdom with great promises and with great Diligence fortifyed his places of Strength and went over into France and entred into a Confederacie with that King that he might secure his Nephew Arthur from injoying the Crown and it is no hard matter to believe this from his precedent actions In the Absence of the King there happened great [8] f. 398. b. n. 20. A. D. 119â— A discord between him and the Chancellor discord between Earl Iohn and the Chancellor about Lincoln Castle which was in the Custody of Gerard de Camvill Sheriff of Lincolnshire who was turned out of his * Expulso Girardo de Camvil a à Baliva Vicecomitatus Lincolniae Composed by the mediation of the Bishops Office by the Chancellor and William de Stutevill put into it but would not part with the Castle and while he Besieged it the Castle of Nottingham and the Kings Castle of Tikehill were delivered to Earl Iohn who sent to the Chancellor that unless he quitted the Siege he would force him to do it He affrighted at the Earls Message raised the Siege and by the Mediation of the Bishops and other friends an agreement was made between them which the Reader may find in the [9] Append. n 75. Appendix with the Translation of it Not long after this Agreement Geofrey the Elect of York was consecrated by the Arch-Bishop of Tours by the Popes Command who not regarding the [1] Hoved. ut supra f. 399. a n. 30. Geofry Elect of York comes into England before the three years were expired Oath he had made to his Brother the King That he would not come into England in three years after the King should leave it came to Witsan perhaps at this Day Calais and was there ready for his passage over The Chancellor sorbad him to come into England contrary to his Oath he made to the King He regarded not the Chancellors Prohibition and Landed at Dover in the month of September where the Chancellor had appointed Officers to apprehend him But having notice of it he changed his Cloaths and mounted a Swift Horse and got to the Monasterie of St. Martins belonging to that Town and put himself into the Church [2] Ibidem n. â—0 50. He is taken by the Chancellors Officers and delivered Prisoner to the Constable of Dover Castle The Chancellors Officers Guarded the Church so as he could not go out and after Mass took him while he was standing at the Altar in his Sacerdotal vestments and carried him out of the Church through the Dirty Streets and Delivered him to Mathew Clere the Constable of Dover Castle [3] Ibidem b. n. 10. But is released by Earl Johns Order The Chancellor is summoned to appear in the Kings Court but refuses Earl Iohn hearing of this ordered the Chancellor to release him And then coming to London he complained to Earl Iohn and to the Bishops and great men of the injury he had received from the Chancellor The Earl commanded he should stand to the Law in the Kings Court for that and also for the Injury he had done to Hugh Bishop of Durham The Chancellor deferred his appearance the Earl the Arch-Bishop of Roven the Bishops and chief men of the Kingdom appointed him a Peremptory day at Reading whither Earl Iohn and almost all the Bishops Earls and Barons of the Kingdom came in expectation of him but he neither came nor sent any one to appear for him Then the Earl and the Bishops that were with him went toward London A Skirmiâ—h between the Earls and Chancellors retinue One of the Earls Knights Slain That they might consult before a great Audience of the Citizens what they should do with that Chancellor That had so troubled the Kingdom and would not stand to Law He hearing of it left Windsor and went to London and by the way his and the Earls retinue their Milites or Knights met and fought in which Skirmish one of the Earls Knights Roger de Planis was Killed yet he had the better and the Chancellor fled to London and he and his Retinue got into the Tower On the 10 th of [4] Ibidem n. 20. The Chancellor accused of high Misdemeanors October Earl Iohn the Arch-Bishop of Roven the Bishop Earls Barons and Citizens of London met in Pauls Church-Yard and accused the Chancellor in many things but especially for the injuries he had done to the Arch-Bishop of York and Bishop of Durham Those also the King had associated with him in the Government accused him saying That he Depised their advice and managed all the Business of the Kingdom by violence and according to his own Will And then the Arch-Bishop of Roven and William Marshall Earl of Striguil first shew before the People their Letters under the Kings Seal from Messina by which they were associated with the Chancellor and others in the Government of the Kingdom and that he was to do nothing without their advice and if he did and it was to the detriment of the Kingdom he was to be [5] No such thing in the Letters See Append. n. He is deposed deposed and the Arch-Bishop of Roven put in his place And it pleased the Earl and all the Bishops Earls and Barons of the Kingdom and the Citizens of London that it should be so for that the Arch-Bishop of Roven would do nothing without the Advice of his associates and the Barons of the Exchequer And the same Day the Earl of Moreton [6] Ibidem n. 40. and the Archbishop of Roven and the other Justices That is the Commissioners in the Government of the King Granted to the Citizens of London to have their Comunity Et eodem die Comes Moretonii Archiepiscopus Rhoâ—amagensis alii Regis Justiciarii Concesserunt Civibus Londoniarum habere Comunam suam And the same year the Earl and Arch-Bishop and almost all the Bishops Earls and Barons of the Kingdom did Swear firmly and resolutely to uphold that Comunity The Citizens of London Swear fealty to King Richard and Earl John as his heir The Tower and Windsor Castle delivered up to him by the Chancellor so long as it pleased the King Et eodem Anno Comes Moretonii Archiepiscopus Rothomagensis fere omnes Episcopi Comites Barones Regni Juraverunt Comunam illam firmiter inconcusse servaturos quamdiu Domino Regi placuit And the Citizens of London did Swear faithful service to King Richard and his Heir haeredi suo And if he should Dye without Issue That they would receive Earl Iohn his Brother for their King and Lord and they
John claims the Privilege of the Cross and refers himself to the Popes Discretion wrote to the Pope that the Archbishop of Canturbury and his Suctragans had neglected his Commands and that the great men and Barons altogether refused to hear what he wrote And attending what the Barons said He replied to them That England was the Patrimony of St. Peter and that he held it as the Patrimony of St. Peter the Church of Rome and the Pope and had taken upon him the Crusado and required the Privilege of such who had taken upon them that Expedition And after having recounted the Effects of his Former Offers to the Barons and Bishops upon which he could obtein no Remedy he Refers himself to the Popes Discretion to relieve him Upon the Consideration of all these Offers Declarations Matters and Things and the Recapitulation and brief Mention of them in his [7] Append n. 126. The Pope by consent of the Cardinals Damns the Charter of Liberties Bull and the Information of King John's Messengers lately sent to him the Pope by the Common Consent of the Cardinals Damns the Charter of Liberties and all obligations and Cautions which he had given and entred into for the performance of it and Declares them Null and void By [8] Append. n. 127. The Pope writes to the Barons and chargeth them with evil Practises against the King Letters of the same date with this Bull viz. Aug. 24. 1215. the Pope wrote to the Barons They had not well considered their Oath of Fidelity when they rashly persecuted their Lord the King That all men Detested their proceedings especially in such a cause where they made themselves both parties and Judges When the King was ready to do them Justice by their Peers in his Court according to the Laws and Customes of the Kingdom or to proceed by arbitrators chosen on both sides with a Reference to him if they agreed not And therefore commands them to Renounce that unlawful and unjust Composition they had extorted from him by fear and force and satisfie him and such as adhered to him for the Injuries they had done them That by this means the King might be induced to Grant whatsoever of right ought to be granted to them And further adviseth them to send their procurators or Deputies to the next General Council which he intended suddenly to call about the Business of the Cross where would be the Archbishop and other English Bishops and there Commit themselves to his good pleasure who by the Favor and God intended so to Determin things as to do away all oppressions and Abuses in the Kingdom that so the King being Content with his own Right and Honor the whole Clergy and Laity might rejoyce in their Just Repose and Liberty The Popes Letters or Mediation prevailed not with the Barons they [9] Mat. Paris f. 268. n. 10. The Popes Letters prevail not upon the Barons They consult how to secure London and make William de Albiney Governor of Rochester-Castle persued what they had undertaken and sent for William de Albiney a stout man and experienced Soldier several Times before he came at last upon a Chiding Letter having secured the Castle of Belvoir or Beauvoir he came to them to London where he was received with great Joy by the Barons who immediately consulting how to secure the City of London from being besieged by the King and shutting up all passages to it raised a considerable Force and put them with William de Albiney into Rochester Castle whereof he was made Governor But before they had provided for their Defence so well as they intended the King after three Months stay in the [1] Ibid. n. 30. Isle of Wight was Sailed from thence to Dover where he met his Messengers or Commissioners he had sent beyond Sea with Forces from Poictou The King with forces from beyond Sea besiegeth Rochester Castle The Barons offer to relieve it Gascony Brabant and Flanders with which he Besieged the Castle of Rochester The Barons had Sworn to William de Albiney That it the Castle should happen to be besieged they would use their utmost indeavours to Relieve it they Marched as far as Dartford and then retreated to London They within Defended the place with great Courage and Resolution and at last after almost three Months were forced to yield without Conditions for want of Victuals It yeilds for want of Victuals The Siege was very Expensive to the King and many of his Men were slain in it for which reasons he would have hanged all the Noble Men or Knights had it not been for the perswasion of Savaric de Malo Leone and some others who told him the War might prove long and some of his own Knights might be taken and put to Death after the same manner Whereupon he sent William de Albiney The King Imprisons the persons of best Quality W. de Lancaster W. de Emeford Thomas de Mulecon Osbert Giffard Osbert de Bonbi Odinell de Albiney and others of the best Quality Prisoners to Corf Castle and others to Divers other Prisons all the Ordinary Men but the Cross Bow-Men And Hanged the Ordinary Soldiers he caused to be Hanged The Pope upon notice [2] Ibid. n. 40. That the Barons persisted in the persecution of the King [3] Append. n. 128. The Pope Excommunicates the Barons Excommunicated them and Committed the Execution of the Sentence to Peter Bishop of Winchester the Abbat of Reding and Pandulph Sub-Deacon of the Roman Church in which Brief of Excommunication he injoyned the Archbishop and Bishops by virtue of their Obedience That they should cause the Sentece to be Published every Lords Day and Holy Day with Ringing of Bells and Lightning of Candels throughout all England while the Barons fatisfyed the King for the Injuries done to him and returned to their Obedience The Bishop of [4] Paris f. 271. n. 50. Winchester and Pandulph personally attended the Archbishop of Canturbury and in the Name of the Pope Commanded him to Direct the Bishops of his Province to Publish this Sentence against the Barons He was ready to take Ship to go to the Council at Rome and desired Respit until he spake with the Pope affirming The Archbishop suspended for Disobedience to the Pope the Sentence had been obteined by Concealing Truth and therefore he should by no means Publish it until by Discourse with the Pope he Knew his Mind concerning it [5] Ibid. f. 272. lin 2. The Barons declared Excomunicated They value not the Sentence because not named particularly These two when they found the Archbishop Disobedient to the Popes Command suspended him from entring the Church and Celebrating Divine Service and then the Bishop of Winchester Declared all the Barons that had indeavored to Drive the King out of the Kingdom Excommunitate and continued to do so every Lords Day and Festival But they because not Named in the Popes Brief valued
but heard his Pleasure and the Business he had with them from his Commissioners or Messengers Walter Archbishop of York Richard Earl of Cornwal and Walter Provost of Beverly By whom they advised the King to send to the King of France for amends if he had done any thing contrary to the form of the Truce between them and not to Declare War until the time of it was expired If he had done any Injury and that it could be proved and denyed Restitution they would assist him according to their Abilities They counted many Aids they had given him and remembred especially the last of a 30th part of their Moveables which was by stipulation to have been expended by the advice and oversight of four Barons for the Benefit of the King and Kingdom And seeing they had not heard of any expended by their Advice they did believe the King had all that Money by him which he might now make use of and told them the King by keeping many Bishopricks in his hands by the Escheats of the Lands of Earls Barons and Knights by Fines and Amerciaments his Itinerant Justices had set upon Counties Hundreds Cities Burghs and Towns had of late raised a great Summ of Money When the Kings Commissioners asked them What if the King of France should break the Truce before it expired And promised them in behalf of the King That if he had done any Injury to any of the great men he would make satisfaction according to the Judgement of Peter of Savoy and others of his Council To the first the Barons Answered as they had before concerning him To the Second they said they had heard those things formerly when they Granted the 30th part of their Moveables But whether they had been performed they left that to the King himself and so remained Resolute in not Granting the King an Ayd Not one Word here of any Billingsgate Language or Revileing of the King with which the Monks report doth very much abound When King Henry 's [2] fol. 582. n. 40. King Henry prepares for his Expedition The Earl of March his promise Designs were known to the King of France he prepared 24 Gallies to hinder the English from landing at Rochel in the mean time King Henry was only busied in providing money for the Earl of March had promised to procure Men enough Then Peter of Savoy Earl of Richmond and Peter [3] f. 583. n. 10. The Kings Messengers to the Poictovins hardly escaped the French Bishop of Hereford were sent into Poictou to secure the King of England what assistance and friends they could among the Poictovins But both of them very hardly escaped being taken by the French returned again to England without effecting any thing to purpose Against Easter [4] Ibid. n. 20. The Kings Summons to the Military Men not in the usual Tenor. He commits the Kingdom to the Arch-Bishop of York and passes over Sea A contract between his Daughter and the King of Scots eldest Son the King sent out Summons to those that ought him Military Service to meet him at Portsmouth not with Horse and Arms according to the usual tenor but in lieu of their Service with a great Summe of Money cum Magna pecuniae summa Then the King having committed the custody of the Kingdom to the Arch-bishop of York and received into his favor the Bishop of Chichester formerly his Chancellor and recalled Ralph Fitzâ—Nicholas and Godfrey Craucumb he took Ship at Portsmouthâ— with Queen Alienor Earl Richard and seven other Earls and landed in Gascoigny where they were received by Reginald de Pontibus and the Great Men of that Country and for the better secuâ—y of his Affairs at home a Marriage was agreed upon between â—lexander Eldest son to the King of Scots and Margaret his Daughter and that part of the Kingdom which bordered upon Scotland was committed to the Care of that King at the time he should be beyond Sea The King of France was not idle all this while but [5] fol. 584. n. 30 40. The number and quality of the French Army prepared a great Army which consisted of 4000 Knights exactly Armed and 20000 Esquires or Servants Crossbow men and Common Soldiers besides a dayly confluence of men from all parts of his Dominions towards Poictou He marched with his Army and set down before Fontenâ—y a Castle of the Earl of March In the time of the Siege the King of England sent Ralph Fitz Nicholas and Nicholas de Molis to the King of France to [6] fol. 587. n. 10 King Henry sendeth Messengers to the King of France They are kindly received and Answered declare War unless he would submit to his desires The King of France received them very kindly and answered that he was so far from breaking the Truce that he was willing it should be continued [7] Ibid. n. 30. three years longer and would consent he should have delivered to him the greatest part of Normandy and Poictou but wondred his Cousin of England should think that he infringed the Truce in the least when he endeavoured only to correct and repress the insolence of his own men suos homines that proved Rebels and Traytors to him and that he should be so much concerned for the Earls of March and Thoulouse and thought he had violated the Truce in receiving and incouraging his Rebellious Subjects and Enemies With this Answer the [8] fol. 588. lin 1. King Henry refuseth the offers of the King of France Messengers returned to the King of England who would not hear of renewing the Truce but sent some Hospitallers in his Name to defie the King of France who now began to [9] Ibid. n. 10. The King of France concerned for the Oath of his Father Lewis to King Henry His scruples are satisfied His Successes against the Earl of March his Castles repent he had made so fair Overtures for Peace and expressed his Sorrow that the King of England should be thus wheadled by the Earls of March and Tholouse and shewed himself most concerned for the Oath his Father Lewis had made to King Henry when he left England But one of his Great Men replyed That that Oath was mutual and that the King of England had violated his part when he broke his promise to Lewis his Accomplices and caused Constantine a Citizen of London to be hanged for defending your Fathers Honor. This satisfyed the Kings Scruples and then he proceeded to make a vigorous attack upon the Castle which after 15 days Siege was taken by assault contrary to the confidence of all the Poictovins and the Earl of March his Son and all his Accomplices were made Prisoners When some that were about the King advised that they might be executed for a Terror to other Rebels He replyed The Son obeyed his Father They all Surrender or Capitulate and the rest the Command of their Lord and upon that Account neither of them deserved Death
John Fitz-Jeofry Hugh Bigod Brother to the Mareschal Richard de Gray William Bardolfe Peter Montfort Hugh D'espenser These Twenty Four [1] Ibid. f. 414. chose Four of their own Number who named the Kings Council and were these The Earl of Warwic John Mansel Earl Roger the Mareschal Hugh Bigod his Brother These Four named the Kings 2 Council in Number Fifteen who were these The Arch-Bishop of Canturbury The Bishop of Worcester The Earl of Leicester The Earl of Glocester Earl Mareschal Comes Mareschallus Peter of Savoy Earl of Richmond The Earl of Albemarle The Earl of Warwic The Earl of Hereford John Mansel John Fitz-Geofry Peter Montfort Richard de Gray Roger Mortimer James de Aldithlege or Audley The Great men or Twenty Four [3] Paris f. 970. n. 50. What the Great men or 24 required of the King Require the Kings Confirmation of the Charter Granted by King John his Father Secondly They [4] Ibid. f. 971. lin 2. Require such a Justiciary as would do Justice to such as suffered wrong as well to the poor as Rich. Thirdly That they should [5] Mat. West f. 391. lin 8. choose the Justices Chancellors Treasurers and other Officers and Ministers from year to year for ever Fourthly That [6] Ibid. l. 9. they themselves or friends should have the Custody of the Kings Castles Fifthly By [7] Ibid. n. 10. Edict they made it Capital for any of what degree or order soever to Refuse to Consent to these things and against such the Arch-Bishops and Bishops also pronounced Excommunication They ordain three Parlements to be held every year The Twenty Four ordeined there should be three Parlements in a year and when and how they should be holden which order I find drawn up in these words I l [8] Annal. Burton f. 415. fet a remember Ke les xxiv unt ordene Ke treies Parlemenz seint par an le premerem as utaves de Sein Michel le second le Demein de la Chandelur le terz le premer Ior de June Ceo est a Saver treis semeines devant le Seint John A ces treis Parlemenz vendrunt les Cunseilers le Rei esâ—uz tut ne scient il paz Mandez purver le Estat del Reaume pur treter les communs Bosoignes del Reaume quant Mester Serra per le Mandement le Rei That is Be it Remembred That the Twenty Four have ordained there may or shall be three Parlements in a year When the Parlements were to be holden The first on the Octaves or eight days after St. Michael The second on the Morrow after Candlemass day The third on the first day of June that is to wit three Weeks before St. John To these three Parlements shall come all the chosen Counsellors of the King though they be not * i. e. Whether they had particular Summons or not sent to to provide for the State of the Realm and to Treat of the common Business of the Realm when need shall be by the command of the King or by his Summons The Commons then or Community The Community choose twelve to represent them in the Parlements chose twelve persons to Represent them in these Parlements c. to save the Charges of the Community The Entry or Record as I may so call it of which Elections was in these words Si fet a [9] Ibid. f. 416 remembrer Ke le Commun Eslise xii prodes homes Ke vendrunt as Parlemenz autre * for fois fez Quant Mester Serra Quant Rei u sun Cunseil les Mandera pur treter de Bosoignes le Rei del Reaume E Ke le Commun tendra pur Estable * Instead of ce quâ— cer Ke ces xii frunt E ceo serra fet pur Espanier le Cust del Commun That is Be it remembred That the Commons or Community have chosen twelve wise men to come to Parlements and at other times when there shall be need when the King or his Council shall command or send to them to treat of the Business of the King and Realm and that the Commons or Community will hold for established what the twelve shall do and this shall be done to spare the cost or charges of the Commons or Community which twelve prodes â—omes provi homines or viri prudentes which the Reader pleaseth were these underwritten and entred according to this Form Ces sunt les [1] Ibid. f. 414. Duze Ke sunt Esâ—u par les Baruns a treter a treis Parlemenz per an oveke le Cunseil le Rei pur tut le Commun de la tere de Commun Bosoine That is These are the twelve which are chosen by the Barons to treat in the three * Note these twelve and the Kings Council were only to be present in these Parlements Parlements in a year with the Kings Council for all the Commons or whole Community of the Land upon Commune Business which twelve here do follow as in the [2] Ibid. Who the Twelve were Annals of the Monasterie of Burton The Bishop of London The Earl of Winchester The Earl of Hereford Philip Basset John de Bailol John de Verdun John de Gray Roger de Sumery Roger de Montalt Hugh D'espenser Thomas de Grestey Aegidius de Argenten These were all Barons and great Tenents in Capite not one Commoner as now reputed amongst them Not one Commoner among the Twelve Many other provisions and ordinances were made in this Parlement about Feudal Tenures about Custody of Wards Marriages and Escheates about Suits to the Kings Courts before Justices Itinerant What other Ordinances and provisions were made in this Parlement County Courts Hundred Courts Sheriffs Turns Writs of Right Wast of Estates in Custody Taking of Distresses c. all in abatement of the Rigor of the Feudal Law and for their own Ease and Benefit which are to be found in the Annals last cited f. 428. and most of them in the Close Roll 44. Hen. 3. M. 17. Dors and in the Patent Roll 47. of the same King M. 14. in Schedula Dors All these provisions and Ordinances made in eleven days All this was done and Commissions for the Governors of the Kings Castles were issued in eleven days time as appears by the the Records in the [3] n. 191 192 193. Appendix that bear Date June 22d and are worth noting Twenty four chosen to treat of an Ayd for the King There were also appointed at this meeting by the Community Twenty four persons to treat of an Ayd for the King which choice is thus to be found in the same [6] f. 414. Annals save only the Names of the 24 are rendred in English Ces sunt les vint quatre Ke sunt mis per le Commun a Treter de Aid de Rei The Bishop of Worcester The Bishop of London The Bishop of Salisbury The Earl of Leicester The Earl of Glocester
approve who acted rather against than for him Now the King thinking himself secure on every side [8] Paris fol. 991. n. 50. He taketh the advantage of the Popes Absolution He displaces his great Officers of State resolved to take the advantage of the Popes Absolution and went to several Cities and Castles and took possession of them and the Government of the Kingdom encouraged to this by the promise of assistance he received from the King of France and his Great men Afterwards the King came to Winchester and removed from their Offices the Justiciary and Chancellor that were appointed by the Baronage and constituted * He made Walter de Merton his Chancellor and Philip Basset his Chief Justice Mat. Westm fol. 380. lin 7. others in their places according to his own pleasure and sent his [9] Append. n. 205. Reason why he could not stand to his Oath Writ to all the Sheriffs of England wherein he relates his own Submission and the Affairs of his Realm to the Provisions at Oxford under certain conditions which the Barons performed not the injustice of their Ordinances to the prejudice and depression of his Royal power and Dâ—mage of his People his Absolution from his Oath to observe them both by Pope Alexander and Vrban his Successor His readiness to do justice to all men Great and Small in his Courts to which they might freely resort with security and to observe the Articles conteined in the great Charter and Charter of the Forest which they were commanded to proclaim in all places and to apprehend and secure all such as adhered to the former Ordinances or presumed to speak or act any thing prejudicial to the Rights of his Crown Honor or Dignity or to his Execution of his Office Upon this the [1] Paris ut Supra The Barons come Armed to Winchester Barons came Armed to Winchester and John Mansel went privately to the King and acquainted him with the danger he was in The King retires to the Tower and constrained him to hasten his return to the Tower of London In the year 1263 at Christmass [1] Paris f. 992. lin 1. n. 10. A. D. 1263. 47th Hen. 3. the King Queen and Council were in the Tower of London at which time both the English and French Bishops took great pains to make peace between the King and Barons and at length Both sides referred their Differences about the * See the Compromise it self on the Kings behalf in Append. n. 206. and observe the date of it on Sunday after St. Lucy's day 13th of December 1263. so that it had been agreed to Refer these Differences to the King of France before Christmass The King of France nulleth the Oxford Provisions Oxford provisions to the King of France who calling together his Bishops Earls and great men at Amiens on the 22 d of January in that Assembly pronounced sentence for the King of England against the Barons and Nulled those provisions But by Evacuating of them he did not intend altogether to abrogate King Johns Charter Upon which Exception S. Montfort and others took advantage and said The provisions were founded upon that Charter and therefore would not submit to the King of France his Sentence This Parlement of the King of France as the Monk calls it being Dissolved the [2] Ibid. Several noble men desert Montfort King of England and his Queen the Arch-bishop of Canterbury the Bishop of Hereford and John Mansel who were all there returned home And from that time [3] Ibid. n. 20. Henry Son to the King of Almain Roger de Clifford Roger de Leybourn John de Vallibus or Vaus Hamo L'estrange and many other Barons left Montfort and Roger Mortimer wasted his Lands and Estates But he confederating with Leolin Prince of Wales the Kings great Enemy sent an Army thither that invaded destroyed and burnt the Estate and Lands of Roger. In the mean while the [4] Mat. Westm f. 382. n. 40. Barons in other parts of the Kingdom by advice and under the conduct of the Earl of Leycester Resolving to make good the Oxford provisions armed themselves The Barons Arm themselves and seize the Kings Towns and on a sudden when they thought not of it fell upon the Strangers the Kings Counsellors and all they knew adhered to him and in an Hostile manner seised upon their Estates Places of Strength Castles Towns and Goods [5] Ibid. f. 384. n. 50. 385. n. 10. Montfort with his Army took in Glocester Worcester Bridgnorth and Shrewsbury Prince Edward and the Noble men that were of the Kings party took in the Castles of Haye Huntington Brecknoc c. and on both sides they wasted burnt and destroyed their Lands and Estates The Londoners also [6] Ibid. f. 385. n. 20. The Londoners second the Barons going out of their City in great numbers wasted and burnt the farms and possessions of the King of Almain Philip Basset and many others that were of the Kings party and imprisoned the Kings Clercs the Barons of the Exchequer and Justices of the Bench. The King was at this time in the [7] Ibid. f. 383. n. 20 30. Mat. Paris f. 993. lin 2. n. 10. The King maketh peace with the Barons Tower of London with his Queen and John Mansel one of his chief Counsellors who fled from thence fearing the Rage of the Barons and when he was gone the King fearing he should be besieged by their Army against all the power and perswasion of the Queen by the mediation of some Honourable persons made peace with them the Articles whereof were these First That [8] Ibid. The Articles of the peace Henry Son of the King of Almain should have his Liberty Secondly That the Kings Castle should be put into the Hands of the Barons Thirdly That the Statutes and Provisions made at Oxford should be inviolably observed as well by the King as others Fourthly That all strangers except such as the Well-Affected should think fit to stay should presently avoid the Nation never to return again A. D. 1264. 48. Hen. 3. But this peace did not hold long for the Soldiers that were within Windsor Castle [9] Paris f. 993. n. 20. furnished it with Arms and Victuals which raised great suspition in the Barons and it added much to it that when Prince Edward had desired of the Bishop of Worcester who was of the Barons party to conduct him from Bristol to his fathers Court when he came near Windsor he left the Bishop and went into the Castle which he took very ill [1] Ibid. n. 30. Prince Edward kept prisoner by Montfort and Simon Montfort coming to besiege it Prince Edward met him at Kingston and offered a Treaty of Peace But by advice of the Bishop Simon kept him prisoner until the Castle was delivered to him upon condition that such as were in it might go whether they would and the strangers and such others
Transgressiones Excessus eisdem Civibus c. remittimus pardonamus c. And gave them leave to receive the Rents of their Houses and Tenements within the City and without due from Christmass then last past and granted they should have the Goods and Chattels of such Malefactors as had been against himself or his Son Edward in the late War and had been or were to be indited Except the Goods and Chattels of those whose Bodies he had given to his Son Edward Exceptis Bonis Catallis eorum quorum Corpora eidem filio nostro concessimus And except the Houses Lands and Rents which were or ought to be his Escheats by reason of the Offences of the Owners and Granted all Prisoners should be Released except such whose Bodies he had given before to his Son and except such Prisoners as were taken by the Citizens and had been or were to be Indited Also that all Pleges of Citizens for the security of the City which had been delivered to the King except such as were Pleges or Hostages to his Son for his Prisoners and except the Pleges of Citizens that were fled And further he Granted the Citizens liberty to trade by Land or by Sea as freely as they had done in former times free from Custom Toll or Payage until the state of the City should fully be setled by his Council or by his Advice Quousque de Statu Civitatis praedictae de Consilio nostro plenius Ordinetur And directed That no Citizen who in the late Troubles appeared by manifest proof to have been Enemy to himself or Son for the future should remain or be Conversant in the City Dated at Northampton the 10th of January There was an [2] Ibidem Order from the King to John [2] Ibidem Walerand and John de la Lind his Guardians of the City of London reciting That whereas he had received into his Peace or Favour the Citizens of London according to a Form Granted in his Letters Patents That they should release the Pledges of the Citizens they had in their custody and permit them to go whether they would Except c. Witness the King at Northampton the 11th of January The like Letters were directed to the Constable of Rochester Castle with the same Teste All the [3] Pat. 50. H. 3. M. 29. Dors The Disinherited had a time set to make their peace with the King Disinherited for by that name now all the Rebellious Barons and their Confederates were known and distinguished had leave and safe conduct to come to the King until Easter to Treat with him and make their peace and to return without injury or affront to the place from whence they came Witness the King at Westminster the 11th of February The King [4] Pat. 50. H. 3. M. 24. wrote to the Bishops and all other Praelates that is Abbats Priors c. these were called Praelati in England That when he was in the Custody of Simon Montfort they had Collected a [5] Claus 48. H. 3. M. 3. Dors Dated the first of September by which Record it appears to be so Tenth of all the Church Revenues in England for one Year for the Defence of the Kingdom and Church of England as it was said pro Defensione Regni Angliae Ecclesiae Anglicanae sicut Dicebatur He now being willing it should be expended for the true defence and profit of them both commanded them to pay the Tenth so Collected unto the Bishops of Bath and Wells and Lichfield and Coventry appointed receivers of it by himself and Ottobon the Legat according to the Form of the Mandate of the said Legat to them directed Witness the King at Westminster the 15th of March. The Kings Forces though they were before [6] Paris f. 1000. n. 30. Kenelworth Castle refuse to submit Kenelworth Castle yet they had not so streightned it but the Defendents which were very numerous [7] Claus 50. H. 3. M. 5. Dors Their barbarous usage of one of the Kings Messengers made Excursions plundred and burnt the Countries and took one of the Kings Messengers passing by them and cut off his Hand and in contempt of the King sent him to him [8] Ibidem Quendam de nunciis nostris nuper per partes illas transeuntem that is by Kenelworth Castle Ceperint ei manum truncarint ac ipsum sic truncatum turpiter Mutilatum ad majorem nostri contemptum ad nostri praesentiam transmiserint c. [9] Ibidem He resents it very ill To revenge such an impious affront the King commanded all and singular omnibus singulis the Sheriffs of England should publish in their Counties and all Market-Towns of their Counties and also then and there make Proclamation That all who ought him Service should Personally appear with Horse and Arms and besides their Service with all the Force they could make to Oxford within three weeks after Easter to go with him against his Enemies and Rebels in Kenelworth Castle and other where and ordered Watches to be set in Towns and Burghs of every County that if any of his Enemies passed through them they might be arrested and delivered to the Sheriff and if they would not or could not be taken then the Watch-men and others to levy Hue and Cry every way and follow them night and day with the Inhabitants of the Towns through which they passed until they were taken Dated at the same time and place as the last April 30th this year [1] Pat. 50 Hen 3. m. 1â— m. 49. The Kings Grant to thâ— City of London to choosâ— a Sheriff for Middlesex the King Granted the Barons and Citizens of London might choose one of their Fellow Citizens who had been Loyal to him and his Son Edward Qui nostrae Edwardi primogeniti nostri fidelitati hactenus adhaesit to the Office of Sheriff of Middlesex and Keeper or Guardian of the City of London so as he should be presented at the Exchequer and take his Oath of Fidelity or Fealty Sacramentum Fidelitatis there as had been accustomed and should also answer the Farms of them at the Exchequr as the Sheriffs of Antient Time had done Dated at Northampton 30 April It was spread [2] Cl. 50. Hen. 3. m. 5. Dors. about the Kingdom that the Barons and Confederates were Disinherited without Judgment of the Kings Court in Detraction to his Justice He therefore caused Proclamation to be made in all Burghs and Market-Towns He promised remedy to such as found themselves injured that if any of them found themselves injured by himself or any of his Councellors in that behalf he should come to his Court and do and receive Right according to the Law and Custom of the Kingdom Witness the King at Northampton May 3d. Nay so just he was that when [3] Cl. 50. Hen. 3. m. 10. Dors. An instance oâ— his Justice Robert de Andewerk was accused by his Enemies
manum Domini Rothomagensis tradenda custodiae Willielmi Marescalli Willielmi de Wendewal sciliceâ— Willielmo Marescallo castellum de Notingham Willielmo de Windeval castellum de Tikehil qui praedicta castella ad honorem fidelitatem domini Regis usque ad reditum ejus praestito juramento custodient cum redierit ad suam inde voluntatem operabuntur Et si forte Dominus Rex quod absiâ— in hac peregrinatione sua decesserit praedicta castella praedicto Comiti sine ulla detentione dilatione reddent Et si forte dominus Cancellarius interim erga praedictum Comitem excesserit excessum ad consilium considerationem praedicti Domini Rothomagensis aliorum familiarium Domini Regis Curiae suae requisitus emendare sine dilatione noluerit praedicta castella praedicto Comiti reddent restituent Sed alia castra de honoribus à Domino Rege sibi datis quae fidelibus Domini Regis tradita sunt custodienda scilicet domino Rothomagensi castrum de Wallingforde Domino Londoniensi castrum de Bristou Domino Coventrensi castrum del Pec Richardo del Pec castrum de Bâ—llesoâ—res si Richardus recipere noluerit dominus Covenâ—rensis recipiet Waltero filio Roberto castellum de Epa Comiti Rogero Bigoth castellum de Hereford Richardo Revel castellum de Exonia de Lanstavetun qui similiter fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis si forte decesserit quod Deus avertat Domino Iohanni reddendis juraverunt Sed tria castella ad coronam Domini Regis pertinentia scilicet castellum de Windesoure Comiti de Arundil castellum de Wintonia Gilberto de Lasci castellum de Northampton Simoni de Pateshille tradita sunt custodienda qui fidelitatem Domini Regis de ipsis ad opus ipsius fideliter custodiendis juraverunt Sed concessum est quod Episcopi Abbates Comites Barones Vavassores libere tenentes non ad voluntatem Iusticiarum vel ministrorum Domini Regis de terris caballis suis dissaisientur sed Iudicio Cutiae Domini Regis secundum legitimas consuetudines assisas regni tractabuntur vel per mandatum Domini Regis Et similiter Dominus Iohannâ— iâ— sua terra faciet observari Et si quis aliter facere praesumpserit ad petitionem praedicti Comitis per Dominum Rothomagensem si in Anglia fuerit per Justicias Domini Regis per eos qui pacem juraverunt emendabitur similiter Dominus Iohannes ad petitionem eorundem emendabit Nova castella post transfretationem Domini Regis ad peregrinationem suam facienda vel inchoata vel perfecta delebuntur nec alia usque ad reditum Domini Regis nova firmabuntur nisi in Dominicis maneriis Domini Regis si opus fuerit vel ad opus alicujus nominatae personae per praeceptum Domini Regis factum per literas vel per certum nuncium Resaisina vicecomitatus Lincolniae fiet Girardo de Camvilla eadem die dies ei conveniens praefigetur standi in Curia Domini Regis ad judicium quod si contra eum monstrari poterit quod judicio Curiae Domini Regis vicecomitatum castelli Lincolniae perdere debuerit perdat sin minus retineat nisi interim alio modo pax inde fieri possit Nec dominus Iohannes ipsum contra juvicium Curiae Domini Regis manu tenebit nec uthlagos vel inimicos Domini Regis qui ei fuerint nominati receptabit nec in terris suis receptari permittet Sed si quis retatus fuerit de aliquo forisfacto Domino Regi facto bene licebit Comiti ipsum in terris suis receptare quam diu ipse obtulerit se staturum ad rectum in Curia Domini Regis Hanc ergo pacem bona fide sine malo ingenio tenendam servandam propriis manibus affidaverunt in manu Domini Rothomagensis praedicti Comes Cancellarius quatuordecim Barones ex utraque parte juraverunt Scilicet ex parte Cancellarii Comes de Arundel Comes de Salesbiri Comes Rogerus Bigot Comes de Clare Walterus filius Roberti Willielmus de Braosa Rogerus filius Rainfrai et ex parte Comitis Stephanus Ridel Cancellarius Willielmus de Wennevat Robertus de Mara Philippus de Lurescestre Willielmus de Kahannes Gilbertus Basset Willielmus de monte acuto Et si quid infra Treugas captum fuerit aut interceptum ab utraque parte legitime reddetur emendabitur Et haec facta sunt salva in omnibus auctoritate et mandato Domini Regis Ita tamen quod si Dominus rex ante adventum suum hanc concordiam teneri noluerit praedicta castella de Notingham Tikehil Domino Iohanni reddentur quicquid Dominus Rex inde praecepit BE it known unto all Men unto whom this present Writing shall come That the Controversie between the Earl of Moreton and the Chancellor by the Mediation of the Arch-Bishop of Roven the Bishops of Durham London Winchester Bath Rochester and Coventry and other of the Kings Liegemen was compounded upon these Terms That the Castles of Notingham and Tikehill which the Earl had taken should be restored to the Arch-Bishop of Roven for the Kings use and that Notingham should be kept by William Marshall and Tikehil by William Wendeval until the Kings Return and then they were to be disposed of according to his Direction But if the King should die in his Peregrination Then the Castles were to be re-delivered to the Earl without delay And if the Chancellor shall offend against the Earl and will not mend his offence according to the advice and Judgment of the Arch-Bishop of Roven and other the Kings Servants et aliorum familiarium Regis That is the Justices and of his Court Then without Delay those Castles shall be Restored to him Also the other Castles belonging to the Honors give him by the King which were in the keeping of the Kings Liegemen That is Wallingford in the custody of the Arch-Bishop of Roven Bristou of the Bishop of London The Castle of Pec of the Bishop of Coventry Bâ—lsover of Richard del Pec. The Castle of Ey of Walter Fitz-Robert The Castle of Hereford in the Custody of Earl Roger Bigod The Castles of Ecester and Launceston of Richard Revel who were all sworn to keep them faithfully to the Kings use and if he should die to render them to Earl John Also the three Castles belonging to the Kings Crown Windsor was to be delivered to the Earl of Arundel The Castle of Winchester to Gilbert de Lacy and Northampton to Simon Pateshul faithfully to be kept for the Kings use Also it was agreed that the Bishops Abbats Earls Barons Vavassors that is Knights and Free Tenents should not be Disseised of their Lands or Goods at the pleasure of the Justices or Kings Ministers but by the Judgment of