(August, 1220. Latin text, Stubbs, S. C. 352. Translation by Editors. 2 Stubbs, 36.)
THE king to the sheriff of Northamptonshire, Greeting.
Know ye that, on account of our great need and the very urgent pressure of our debts and likewise for the protection of our territory of Poitou, all the magnates and subjects of our whole realm have granted to us collectively and voluntarily a gift to be made to us, to wit, from each carrucate as it was defined on the morrow of the feast of the Blessed John the Baptist last part, in the fourth year of our reign, two shillings are to be collected by your own hand and the hands of two of the more lawful knights of your country; who shall be chosen to do this, by the will and counsel of all of the county in full county court. And therefore we bid you and firmly and strictly enjoin you that, after the convocation of the full court of your county, by the will and consent of those of the county, you cause to be chosen two of the more lawful knights of the whole county who shall best know how, wish and be able to attend to this business to our advantage, and when these have been associated with you, you shall immediately cause this gift to be assessed throughout your whole bailiwick and collected from each carrucate, as aforesaid, excepting the demesnes of the archbishops, bishops, and their villeins, and excepting the demesnes of the order of the Cistercians and Premonstratensians. And you shall see to it that you know how to make answer to us strictly and openly, on the morrow of Michaelmas next coming, at London, how many carrucates there are in your bailiwick from which we ought to have this gift; and the money coming from thence you shall cause to be safely collected by the hands of the aforesaid two knights and by your own hand, and that money you shall cause to be brought to London on the aforesaid day under your seal and the seals of the aforesaid two knights, and you shall have it deposited safely in the New Temple until it shall have been arranged what ought to be done with it; and you, as you value your life and property, busy yourself in this, lest afterwards, by occasion of malfeasance done by you and the aforesaid knights in the inquisition and collection, we should have to make diligent inquisition by faithful subjects sent from our court, to the serious confusion of yourself and of those who shall have been associated with you in the making of the aforesaid inquisition and collection.
Witness, etc., at Oxford, the ninth day of August.
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(April, 1231. Latin text, Stubbs, S. C. 358. Translation by Editors. 2 Stubbs, 214.)
THE king to the sheriff of Yorkshire, Greeting.
Summon by good summoners all archbishops, bishops, abbots, priors, earls, barons, knights, and all freeholders from your bailiwick, from each vill four lawful men and the reeve, and from each borough twelve lawful burgesses, throughout your whole bailiwick, and all others who are accustomed and ought to appear before the justices itinerant, that they be present at York on the octave of Trinity Sunday in the fifteenth year of our reign, before our beloved and faithful S. de Segrave, Ralph Fitz-Robert, Brian Fitz-Alan, William of Lisle, Robert of Lexington, Master Robert of Shardelawe, and William of London, whom we have appointed our justices, to hear and perform our commands. Also, at that time, cause to be brought before the said justices all pleas of the crown which have not been tried, and those which have arisen since our justices last went on circuit in those parts, and all attachments concerning those pleas, and all the assizes and all the pleas which are set down for the first assize of the justices, with the writs of the assizes and pleas, so that those assizes and pleas shall not be omitted, on account of any default of yours or of your summons. Also cause it to be proclaimed and made known throughout your whole bailiwick that all the assizes and all the pleas which were appointed a term for a hearing and have not been brought to an end before our justices at Westminster, or before our justices who last went on circuit in your county to hear all pleas, or before the justices sent thither to hold assizes of novel disseisin and of jail-delivery, shall at that time come before our aforesaid justices at York, in the same status in which they have remained by our order, or by the order of our aforesaid justices itinerant or our justices of the bench. Summon also all those who have been sheriffs since the last circuit of the aforesaid justices in those parts that they be present at that time and place before our aforesaid justices, with the writs concerning the assizes and the pleas which they received during their term of office, to answer for their term as they ought to answer before the justices itinerant. And have there the summons and this writ.
Witness Hubert de Burgh, etc., at Westminster, the twentieth day of April.
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(July, 1235. Latin text, Stubbs, S. C. 364. Translation by Editors. 2 Stubbs, 52.)
THE king to the sheriff of Somersetshire, Greeting.
Know that the earls and barons and all others of our whole realm of England, of their own free will and not as a precedent, have granted us an effectual aid to promote our great undertakings. Wherefore provision was made by their advice that we should have from each knight’s fee which is held from us in chief, and from the wardships, as well from a new feoffment as from an old one, two marks to furnish us the aforesaid aid, of which they made provision to give us one moiety at Michaelmas in the nineteenth year of our reign, and the other moiety at Easter in our twentieth year. They also made provision that the said scutage should be collected by the hands of their bailiffs in each county and paid by the hands of the same to two knights whom we have designated in each county for conveying it to our exchequer in London, and delivering it there to our treasurer and our chamberlains; and therefore we order that, at the command of all the earls and barons and all others who hold from us in chief, in the aforesaid bailiwick, in the aforesaid manner, and without delay, you shall make distraint upon all the knights and freeholders who hold from them by knight service in your bailiwick for the paying to their bailiffs from each knight’s fee and wardship two marks to render us the aforesaid aid at the aforesaid times, and for the delivery of it to John of Aura and Henry of Meriet whom we have appointed for this purpose in your county, as aforesaid etc.
Witness myself at Westminster, the seventeenth of July in the nineteenth year, etc.
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(February, 1254. Latin text, Stubbs, S. C. 376. Translation by Editors. 2 Stubbs, 69, 232.)
FORM directed to all the magnates and sheriffs of England.
The king to the sheriff of Bedfordshire and Buckinghamshire, Greeting.
Since the earls and barons and other magnates of our realm have faithfully promised us that they will be in London in three weeks from next Easter, furnished with horses and arms and well equipped to go without any delay to Portsmouth, to come over to Gascony to us, to aid us against the king of Castile who intends to invade our territory of Gascony with a strong force, next summer, we have ordered you to constrain to this all those in your bailiwick who hold lands worth twenty pounds a year from us in chief, or from others who are under age and in our wardship; we straitly command you, that besides all those aforesaid, you cause to come before our council at Westminster on the fifteenth day after Easter next, four lawful and discreet knights from the said counties whom the and said counties shall have chosen for this purpose, in place of all singular of the said counties, that is, two from one county and two from the other, who together with the knights from the other counties whom we have had summoned for the same day, shall arrange what aid they are willing to pay us in our need. And you yourself carefully set forth to the knights and others of the said counties, our need and how urgent is our business, and effectually persuade them to pay us an aid sufficient for the time being, so that the aforesaid four knights at the aforesaid time shall be able to give definite answer concerning the said aid to the aforesaid council, for each of the said counties. We also give you an absolute command that all dues to us in your bailiwick which are in arrears, and ought to be paid to our exchequer before Easter next, or which ought to be paid to the exchequer at the aforesaid Easter, you shall have at the aforesaid exchequer on the fifteenth day after the aforesaid Easter, and you are to know that unless you have the aforesaid debts then and there, we shall not only cause you to be placed under arrest but we shall also cause those dues to be collected from your lands and tenements to your exceeding loss.
Witness Eleanor the queen and Richard earl of Cornwall, at Windsor, the eleventh day of February.
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(Summer of 1258. Text, Latin and French, Stubbs, S. C. 387. Translation of Latin by Editors, of French as in Stubbs, S. C. 393. 2 Stubbs, 76.)
IT is provided that from each county there shall be chosen four discreet and lawful knights, who on each day when the county court is held, shall meet to hear all complaints made by the sheriffs or bailiffs or any one else against all persons whatsoever, concerning all trespasses whatsoever, and to make the attachments which belong to the said complaints before the next coming of the chief justice into those parts. Also they shall take sufficient sureties from the plaintiff to prosecute and from the defendant to appear for trial before the aforesaid justice at his next coming. And that the aforesaid four knights shall cause enrollment to be made of all the aforesaid complaints, with their attachments in proper order and sequence, that is, each hundred separately and by itself. So that the aforesaid justice at his next coming shall be able to hear and bring to an end the aforesaid complaints, one by one from each hundred. And they shall make known to the sheriff that all the hundredmen and their bailiffs shall be made to appear before the said justice, at his next coming, at a time and place which he shall have announced to them; so that each hundredman shall cause all plaintiffs and defendants from his bailiwick to appear in succession according as the said justice shall have called to trial from the said hundred; and also so many and such knights as well as free and lawful men from his bailiwick by whom the truth of the matter can best be established, in such manner that all shall not be troubled together and at the same time, but as many shall appear as can be tried and brought to an end in one day.
Likewise it is provided that no knight of the aforesaid counties, shall be excused by writ of the lord king that he be not placed upon juries and assizes, nor be quit with respect to this provision thus made for the common advantage of the whole realm.
The lord bishop of London, the lord bishop-elect of Winchester, the lord Henry son of the king of Germany, the lord John earl of Warenne, the lord Guy of Lusignan, the lord William of Valence, the lord John earl of Warwick, the lord John Mansel, friar John of Darlington, the abbot of Westminster, the lord Henry of Wengham.
The lord bishop of Worcester, the lord Simon earl of Leicester, the lord Richard earl of Gloucester, the lord Humphrey earl of Hereford, the lord Roger Marshall, the lord Roger of Mortimer, the lord John Fitz-Geoffrey, the lord Hugh Bigot, the lord Richard de Gray, the lord William Bardulf, the lord Peter de Montfort, the lord Hugh le Despenser.
And if it happens that any one of these cannot be present, through necessity, the rest of these shall choose whom they will, to wit, the other necessary in the place of the one absent, in order to transact this business.
We, so and so, make known to all men, that we have sworn upon the holy Gospels, and are held together by such oath, and promise in good faith, that each one of us and we all together will mutually aid each other, both ourselves and those belonging to us, against all people, doing right and taking nothing that we cannot without doing mischief, saving faith to the king and the crown. And we promise under the same oath, none of us will henceforth take land or movables by which this oath can be disturbed or in any ways impaired. And if any one acts against this, we will hold him as a mortal enemy.
Each swore on the holy Gospels, that he to the honor of God, and to his faith to the king, and to the profit of the realm, will ordain and treat with the aforesaid sworn persons upon the reformation and amendment of the state of the realm. And will not fail for gift, nor for promise, for love, nor for hate, that he nor for fear of any one, nor for gain, nor for loss, loyally to do according to the tenor of the letter which the king and his son have together given for this.
He swears that he will well and loyally according to his power do that which belongs to the justiciar of right to hold, to all persons, to the profit of the king and the kingdom, according to the provision made and to be made by the twenty-four, and by the counsel of the king and the great men of the land, who shall swear in these things to aid and support him.
That he will seal no writ, excepting writs of course, without the commandment of the king and of his council who shall be present. Nor shall he seal a gift of a great wardship, or of a great ( ) [A blank space in the manuscript] nor of escheats, without the assent of the great council or of the major part. And that he will seal nothing which may be contrary to the ordinance which is made and shall be made by the twenty-four, or by the major part. And that he will keep no fee otherwise than what is given to the others. And he shall be given a companion in the form which the council shall provide.
That they will keep the castles of the king loyally and in good faith for the use of the king and of his heirs; and that they will give them up to the king or to his heirs, and to none other, and by his counsel and in no other manner, to wit, by honest men of the land elected as his council, or by the major part. And this form by writ lasts for twelve years. And from that time forward by this settlement and this oath they shall not be hindered so that they cannot freely give them up to the king and his heirs.
The archbishop of Canterbury, the bishop of Worcester, the earl of Leicester, the earl of Gloucester, the earl Marshall, Peter of Savoy, the earl of Albemarle, the earl of Warwick, the earl of Hereford, John Mansel, John Fitz-Geoffrey, Peter de Montfort, Richard de Gray, Roger of Mortimer, James of Aldithley.
The twelve on the king’s side have elected out of the twelve on that of the commonalty the earl Roger the Marshall, and Hugh Bigot. And the party of commonalty have elected out of the twelve who are on the king’s side the earl of Warwick and John Mansel.
And these four have power to elect the council of the king, and when they have elected them, they shall present them to the twenty-four; and there, where the greater part of these agree, it shall be held.
The bishop of London, the earl of Winchester, the earl of Hereford, Philip Basset, John of Balliol, john of Verdun, John de Gray, Roger of Sumery, Roger de Monthaut, Hugh le Despenser, Thomas of Gresley, Giles d’Argentine.
The bishop of Worcester, the bishop of London, the bishop of Salisbury, the earl of Leicester, the earl of Gloucester, the earl Marshall, Peter of Savoy, the earl of Hereford, the earl of Albemarle, the earl of Winchester, the earl of Oxford, John Fitz-Geoffrey, John de Gray, John of Balliol, Roger of Mortimer, Roger de Monthaut, Roger of Sumery, Peter de Monfort, Thomas of Gresley, Fulk of Kerston, Giles d’Argentine, John Kyriel, Philip Basset, Giles of Erdinton.
And if any one of these cannot or will not serve, those who shall be there have power to elect another in his place.
Be it remembered that the state of the holy church be amended by the twenty-four elected to reform the state of the realm of England, when they shall see place and time, according to the power which they have respecting it by the letter of the king of England.
Moreover, that a justice be appointed, one or two, and what power he shall have, and that he be only for a year. So that at the end of the year, he answer concerning his time before the king and his council and before him who shall follow him.
The like of the treasurer. That he too give account at the end of the year. And other good persons are to be placed at the exchequer according to the direction of the aforesaid twenty-four. And there let all the issues of the land come, and in no part elsewhere. And let that which shall be seen to require amendment, be amended.
The like of the chancellor. That he at the end of the year answer concerning his time. And that he seal nothing out of course by the sole will of the king. But that he do it by the council which shall be around the king.
The chief justice has power to amend the wrongs done by all the other justices and bailiffs, and earls, and barons, and all other people, according to the law and justice of the land, and in fit places, and that the justice take nothing unless it be presents of bread and wine, and such things, to wit, meat and drink, as have been used to be brought to the tables of the chief men for the day. And let this same thing be understood of all the king’s councillors and all his bailiffs. And that no bailiff by occasion of plea or of his office, take any fee in his own hand, or through the agency of another in any manner. And if he is convicted, that he be punished, and he who gives likewise. And if it be fitting, that the king give to his justiciar and his people who serve him, so that they have no occasion to take any thing from elsewhere.
Let there be provided as sheriffs, loyal people, and substantial men, and land tenants; so that in each county there be a vavasour of the same county as sheriff, to treat the people of the county well, loyally, and rightfully. And that he take no fee, and that he be sheriff only for a year together; and that in the year he give up his accounts at the exchequer and answer for his time. And that the king grant unto him out of his own, according to his contribution, so that he can guard the county rightfully. And that he take no fee, neither he nor his bailiffs. And if they be convicted let them be punished.
Be it remembered that such amendment is to be applied to the Jewry, and to the wardens of the Jewry that the oath as to the same may be kept.
Let good escheators be appointed; and that they take nothing of the effects of the dead, of such lands as ought to be in the king’s hand. Also that the escheators have free administration of the goods until they shall have done the king’s will, if they owe him debts. And that, according to the form of the Charter of liberty. And that inquiry be made into the wrongs done which the escheators have done there aforetime, and amendment he made of such and such. Nor let tallage on any thing else be taken, excepting such as ought to be according to the Charter of liberty.
Let the Charter of liberty be kept firmly.
Be it remembered to amend the exchange of London, and the city of London, and all the other cities of the king which have gone to shame and destruction by the tallages and other oppressions.
Be it remembered to amend the hostelry of the king and the queen.
It is to be remembered that the twenty-four have ordained that there be three parliaments a year. The first at the octave of Saint Michael. The second the morrow of Candlemas. The third the first day of June, to wit, three weeks before Saint John. To these three parliaments the elected councillors of the king shall come, even if they are not sent for, to see the state of the realm, and to treat of the common wants of the kingdom, and of the king in like manner. And other times in like manner when occasion shall be, by the king’s command.
So it is to be remembered that the commonalty elect twelve honest men, who shall come at the parliaments and other times when occasion shall be, when the king or his council shall send for them to treat of the wants of the king and of the kingdom. And that the commonalty shall hold as established that which these twelve shall do. And that shall be done to spare the cost of the commonalty.
There shall be fifteen named by these four, to wit, by the earl Marshall, the earl of Warwick, Hugh Bigot, and John Mansel, who are elected by the twenty-four to name the aforesaid fifteen, who shall be the king’s council. And they shall be confirmed by the aforesaid twenty-four, or by the major part of them. And they shall have power to counsel the king in good faith concerning the government of the realm and all things which appertain to the king or to the kingdom; and to amend and redress all things which they shall see require to be redressed and amended. And over the chief justice and over all other people. And if they cannot all be present, that which the majority shall do shall be firm and established. [The names of the principal castles of the king, and of those who have them in keeping, follow in the Ms.]
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(October, 1259. Latin text and translation, 1 S. R. 8, Stubbs, S. C. 401. 2 Stubbs, 83.)
IN the year of the Incarnation of our Lord, one thousand two hundred and fifty-nine, and the forty-third year of the reign of king Henry the son of king John, there being assembled at Westminster in the fifteenth of Saint Michael, our said lord the king and his great men, by the common counsel and consent of the said king and great men, the underwritten provisions were made by the same king and great men, and were published in the manner following.
1. Of doing suits, unto the courts of the great men and others the lords of these courts, it is provided and with full consent ordained, that no man who hath been infeoffed by deed shall be distrained from henceforth to do suit unto the court of his lord, unless he be specially bounden to do suit by the form of his deed: except those whose ancestors or who themselves have used to do such suit, before the first voyage of the said lord the king into Brittany; from the time whereof there have passed twenty-nine years and a half at the time of making this ordinance; and in like manner no man infeoffed without deed from the time of the Conquest, or by other ancient feoffment, shall be distrained to do such suit; unless he or his ancestors have used to do the same, before the first voyage of the said lord the king into Brittany.
2. And if any inheritance wherefrom only one suit was due, shall descend unto many heirs, as parceners thereof, he that hath the elder’s share of that inheritance shall do one suit for himself and his coparceners; and his coparceners shall contribute after their shares, to the doing of that suit. And in like manner if many shall have been infeoffed of any inheritance wherefrom one suit were due, the lord of that fee shall have but one suit therefrom; nor can he exact more than one suit from the said inheritance, as it hath been used to be done before. And if the persons infeoffed have no warrantor or mean who ought to acquit them thereof, then all of them shall contribute after their shares, to the doing of that suit.
3. And if it happen that the lords of courts do distrain their tenants for such suit, contrary to this provision, then upon the complaint of those tenants they shall be attached to appear in the king’s court at a short day to answer therefore; and they shall have but one essoin if they be within the realm; and the cattle or other distresses taken upon this occasion shall be delivered to the plaintiff forthwith, and shall remain delivered until the plea between them be ended. And if the lords of the courts who have made such distresses, shall not appear at the day whereto they were attached, or shall not keep the day given to them upon the essoin, then the sheriff shall be commanded to cause them to come upon another day, at which day if they come not, the sheriff shall be commanded to distrain them by all that they possess within his bailiwick, so that he shall answer to the king for the issues, and to have their bodies by a certain day to be prefixed, so that if they should not come upon that day, the party plaintiff may go thence without day; and the cattle or other distresses shall remain delivered until those lords shall recover that suit by award of the court of our lord the king; and in the mean time such distresses shall cease: saving to the lords of the courts their right to recover those suits in form of law, when they will sue therefore. And when the lords of the courts shall appear to answer unto the plaintiffs for such distresses, if they be thereupon convicted, then by the award of the court, the plaintiffs shall recover against them their damages, which they have sustained by occasion of the aforesaid distress. And in like manner, if tenants, after this act, do withdraw from their lords their suits which they ought to do, and which before the time of the aforesaid voyage and hitherto they have used to do, the lords of the courts shall obtain justice to recover their suits, together with their damages, by the same process and dispatch, in respect of appointment of days and awarding of distresses, like as the tenants do recover their damages. And this matter of recovering damages must be understood of the withdrawings done to themselves, and not of the withdrawings done to their predecessors: nevertheless the lords of the courts shall not recover seisin of such suits against their tenants by default, as that hath not been the custom hitherto. And concerning the suits that were withdrawn before the time of the aforesaid voyage, let the common law have its course, as it hath used to have before.
4. Concerning the sheriff’s turn, it is provided that archbishops, bishops, abbots, priors, earls, barons, shall not be obliged to come thither, nor any men of religion, or women, unless their presence be specially required; but the turn shall be holden as it was wont to be in the times of our lord the king’s predecessors. And where any do hold tenements in divers hundreds, they shall not be obliged to come to such turn except in the bailiwicks where they shall dwell: and the turns shall he holden according to the form of the king’s Great Charter, and as they were wont to be holden in the times of king John and king Richard.
5. It is also provided that neither in the circuit of justicers, nor in the county and hundred courts, nor in the courts baron, shall fines be taken from any from henceforth for fair pleading, nor for not being troubled on that account.
6. In the plea of dower that is called
7. In assizes of darrein presentment, and in the plea of Quare impedit of churches vacant, the day shall be given from fifteen days to fifteen days, or from three weeks to three weeks, according as the place may be far or near. And in the plea of Quare impedit, if the disturber come not at the first day for which he shall have been summoned, nor cast an essoin, then he shall be attached unto another day, on which day if he come not nor cast an essoin, he shall be distrained by the great distress above mentioned. And if he come not then, upon his default the bishop shall be written to, that the claim of the disturber shall not obstruct the plaintiff for that term; saving unto the disturber his right at another time, when he will sue therefore.
8. Concerning charters of exemption and privilege, that the purchasers shall not be impanelled in assizes, juries, or recognitions, it is provided, that if their oath should be so necessary, that without it justice could not be administered, as in the great assize and perambulations, and where they may have been named as witnesses in charters, or writings of covenants, or in attaints or other like cases, they shall be compelled to swear; saving unto them at another time their aforesaid privilege and exemption.
9. If any heir should be under age after the death of his ancestor, and his lord have the wardship of his lands, if that lord will not render unto the said heir his lands when he cometh to lawful age, without plea, the heir shall recover his land as from the death of his ancestor, together with the damages that he shall have sustained by that withholding from the time of his coming to lawful age; and if an heir at the time of his ancestor’s death be of full age, and such heir, apparent and known to be the heir, be found in the inheritance, his chief lord shall not put him out, nor take or remove any thing therefrom, but shall take simple seisin only for the acknowledgment of his seigniory.
10. And if a chief lord do maliciously keep such an heir out of the possession, whereby it behoveth him to proceed by an action of mort d’ancestor or cosinage, then he shall recover his damages, as in the action of novel disseisin.
11. No man from thenceforth shall be permitted, for any manner of cause, to distresses out of his fee, nor in the king’s or common highway, except our lord the king and his officers.
12. It is also provided, that where land that is holden in socage is in the custody of an heir’s kinsfolk, because the heirs were within age, those guardians cannot make waste or sale or any despoiling in that inheritance, but shall keep it safely for the use of the heir: so that when he shall come to age, they shall answer unto him by a lawful account for the issues of the said inheritance; saving unto those guardians their reasonable expenses. Neither can the said guardians give or sell the marriage of the said heir, but for the benefit of the heir himself
13. No escheator, or commissioner, or justice, especially assigned to take any assizes, or to hear and determine plaints, shall from default henceforth have authority to amerce for default of the common summons, except the chief justice or justices in eyre in their circuits.
14. It shall not be lawful for men of religion to enter into any man’s fee, without the license of the chief lord of whom the fee is immediately holden.
15. Concerning essoins it is provided, that in the county or hundred courts, or courts baron, or elsewhere, no man shall be obliged to swear for the warranting of his essoin.
16. None but the king from henceforth shall hold plea in his court of a false judgment given in the court of his tenants; because such pleas do especially belong to the king’s crown and dignity.
17. It is provided also, that if any man’s cattle be taken and unjustly detained, the sheriff, after complaint thereof made unto him, may deliver them, without let or gainsaying of him who took the said cattle, if they were taken without liberties, and if such cattle should be taken within liberties, and the bailiffs of the liberties will not deliver them, then the sheriff, for the default of the said bailiffs, shall cause them to be delivered.
18. No man from henceforth shall distrain his free tenants to answer for their freehold, nor for any matters pertaining to their freehold, without the king’s writ; nor shall cause his free tenants to swear against their will: for none can do this without a precept of the king.
19. It is provided also, that if bailiffs who are bounden to render account unto their lords shall withdraw themselves, and have no lands or tenements whereby they may be distrained, then they shall be attached by their bodies, so that the sheriffs in whose bailiwicks they shall be found, shall cause them to come to the rendering of their account.
20. Also farmers during their farms, shall not make waste, or sale, or exile, in woods, houses, men, or in any thing else belonging to the tenements which they have to farm; unless they have a special grant in the writing of their covenant, making mention that they may do so. And if they do, and be convicted thereof, they shall restore damages in full.
21. The justices in eyre from henceforth shall not amerce the township in their circuit, because all that are twelve years old do not appear before the sheriffs and coroners upon inquests for the death of man, or other things pertaining to the crown; so that from those townships there come enough for the making of such inquests fully.
22. The fine of murder from henceforth shall not be adjudged before the justices, where it hath been adjudged to be misfortune only: but the fine of murder shall hold place upon those slain feloniously, and not otherwise.
23. It is moreover provided, that no man who is vouched to warranty before the justices in eyre, in a plea of land or tenement, shall from henceforth be amerced because he was not present, save on the first day of the coming of the justices; but if the vouchee be within the county, then the sheriff shall be enjoined to cause him to come within the third or fourth day, according to the distance of the places, as it was wont to be in the circuit of the justices: and if he dwell without the county, then he shall have a reasonable summons of fifteen days at the least, according to the discretion of the justices and the common law.
24. If any clerk should be arrested for any crime or charge that toucheth the crown, and afterwards by the king’s precept, be let to bail, or be replevied, so that those to whom he is let to bail should have him before the justices, from henceforth they to whom he hath been let to bail, or his other pledges shall not be amerced, if they have his body before the justices, although he will not or cannot make answer before them by reason of the privilege of clergy.
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(March, 1265. Latin text, Stubbs, S. C. 410. Translation by Editors. 2 Stubbs, 94.)
THE king to all the people of the county of York, Greeting.
* * * We will and expressly agree that, if we or the said Edward our son shall have presumed to go in any way contrary — may it be far from us — to the said ordinance, or our provision, or oath, or to disturb the peace and tranquillity of our realm, or to molest, by reason of their former acts in the time of the late disturbance and war, any one of the aforesaid, or of the party of the aforesaid whom we have defied, or do or procure the doing of injury to any of them, it shall be lawful for every one in our realm to rise against us and to use all the ways and means they can to hinder us; to which we will that each and every one shall henceforth he bound by our command, notwithstanding the fealty and homage which he has sworn to us; so that they shall in no way give attention to us, but that they shall do everything which aims at our injury and shall in no way be bound to us, until that in which we have transgressed and offended shall have been by a fitting satisfaction brought again into due state, according to the form of the ordinance of the aforesaid, and of our provision or oath; this having been done let them be obedient to us as they were before. * * *
Witness myself at Westminster, the fourteenth day of March, in the forty-ninth year of our reign.
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