Part 5

It is provided that in every county there be elected four discreet and lawful knights who shall meet, on the days when the county court is accustomed to be held, to hear all complaints of transgressions and injuries inflicted on anyone by sheriffs, bailiffs, or other officials, and to make attachments in connection with the said complaints up to the day of the arrival of the Chief Justiciar in the district; they shall always attach sufficient pledges on behalf of the plaintiff about the defendant and on behalf of the defendant about the plaintiff, to come and fulfil the law before the aforesaid Justiciar on his arrival. And the aforesaid four knights shall cause all the said complaints with their attachments to be enrolled, duly and in order, those from each hundred separately and by themselves, so that the aforementioned Justiciar may, on his arrival, hear and determine the above-mentioned complaints singly from every hundred. And they shall order the sheriff to cause all the bailiffs and hundredmen to be present before the Justiciar on his arrival on the day and at the place which he shall make known to them; and every hundredman shall cause to appear all the plaintiffs and defendants of his hundred, in order, according as the Justiciar decides to hear the pleas from that hundred; and with them, as many and such knights and other free and lawful men as may be best fitting in order to ascertain the truth, provided that all the men of a hundred be not disturbed at the same time, but only those come whose cases may be heard and determined on the one day.

It is further ordained that no knight of the aforesaid counties be excused from serving on juries and assizes on account of any royal charter of acquittance, or be released from observance of this provision made for the common good of the whole kingdom.

(Here follow the names of the twenty-four.)

The oath which the commonalty of England swore at Oxford:

We, so and so, make known to all men, that we have sworn on the Holy Gospels and by our oath have bound ourselves together, and we promise in good faith, each one of us and all together, to aid one another, both ourselves and those belonging to us against all men, doing right, and taking nothing that we cannot take without doing hurt, saving our faith to the King and to the crown. And we promise, by the same oath, that no one of us will take anything, either land or movables, by which this oath may be disturbed or in any way impaired. And should any go against this, we will hold him a mortal enemy.

This is the oath of the four-and-twenty:

Each one swore on the Holy Gospels, that, looking to the honour of God, and the faith of the King, and the good of the realm, he would ordain and treat with the aforesaid sworn men regarding the reformation and the amendment of the state of the kingdom; and that neither for gift, nor promise, nor love, nor hate, nor fear of anyone, nor gain, nor loss, would he cease loyally to act according to the tenor of the letter, which the King and his son had granted for this purpose.

The oath which the Chief Justice of England swore:

He swears that he will perform well and lawfully, so far as lies in his power, whatever duties belong of right to the Chief Justice, toward all men, with a view to the profit of the King and kingdom, in accordance with the provision made and to be made by the twenty-and-four, and by the counsel of the King and nobles of the land, who will swear in these things to aid and support him.

The oath of the Chancellor of England:

That he will seal no writs, saving writs of course, except by command of the King and those of his council who shall be present; and that he will seal no gift of a great wardship, or of escheats, without the consent of the Great Council, or the majority thereof; and that he will seal nothing which is contrary to the provision made and to be made by the twenty-and-four or the greater part of them. And that he will take no fee greater than what is given to others; and he shall be given a companion in the form which the council shall provide.

The oath which the guardians of the castles took:

That they will keep the King's castles loyally and in good faith for the use of the King and his heirs; and that they will give them up to the King and his heirs and to no other, and according to his council and in no other manner, that is to say by honest men of the land elected to his council, or by the greater part thereof. And this form by writ lasts for twelve years. And thereafter there shall be no constraint in this ordinance or in this oath, to prevent them freely giving them up to the King or his heirs.

(Then follow the names of the King's council, of the twelve, and of the twenty-four.)

Concerning the state of Holy Church:

Be it remembered that the state of Holy Church shall be amended by the twenty-and-four chosen to reform the state of the kingdom of England, when they shall have time and opportunity, in accordance with the power granted them for this purpose by the letter of the King of England.

Concerning the Chief Justice:

Either one or two justices shall be appointed; what power they shall have is to be determined on; they shall hold office only for a year. And at the end of the year they shall answer for their term of office before the King and his council and their successors.

Concerning the Treasurer and the Escheator:

Similarly concerning the Treasurer. He shall render account at the end of the year. And other good men shall be placed at the exchequer as the twenty-four shall ordain. And there, and nowhere else, shall come all the revenues of the land; and what shall seem to them to require amendment shall be amended.

Concerning the Chancellor:

Similarly with regard to the Chancellor. He shall answer for his term of office at the end of the year; and he shall seal nothing out of course at the desire of the King alone, but at the command of the council which shall be around the King.

Concerning the power of the Justice and the bailiffs:

The Chief Justice has power to amend the wrongs done by all other justices and bailiffs, counts, barons, and all other men, according to the law and justice of the land. And writs shall be pleaded according to the law of the land and in the proper places. And the Justice shall take no presents except of beer, and wine, and such things, that is to say, meat and drink, such as have been accustomed to be brought to the tables of the chief men for the day. This shall be understood to apply also to all the councillors of the King and all his bailiffs. And no bailiff by occasion of any plea, or of his office, shall take any fee in his own hand, or by the hand of another, in any manner. If he be convicted, he shall be punished, and he that gives likewise; and if it be possible, let the King give so much to his justice and his servants that they have no need to take anything from anyone.

Concerning sheriffs:

There shall be appointed as sheriffs, loyal and honest men, who are landholders; so that in each county there shall be a vavasour[19] of the same county as sheriff, who shall treat the people of the county well, loyally, and rightly. And he shall take no fee, and shall not be sheriff for more than a year at a time; and he shall render his accounts to the exchequer, and answer for his term of office. And the King shall grant to him out of his own,[20] according to the amount of revenue he collects, sufficient to enable him to guard the county rightfully. And he shall take no fee, neither he nor his bailiffs. And if they be convicted, they shall be punished.

Be it remembered that such amendment is to be applied to the Jewry, and to the guardians of the Jewry, that the oath to them may be observed.

Concerning escheators:

Good escheators shall be appointed. And they shall touch none of the goods of the dead, of such lands as ought to be in the hand of the King. But if debts be due to the King, the escheators shall have free administration of the goods, until they have carried out the commands of the King. And this shall be done according to the form of the Charter of Liberty. They shall enquire concerning the wrongs that escheators have done in aforetime, and amends shall be made. And they shall make no talliage or other exaction except as provided by the Charter of Liberty.

The Charter of Liberty shall be firmly observed.

Concerning the Exchange of London:

Be it remembered to amend the Exchange of London, and the City of London, and all other cities of the King, which have suffered waste and destruction by talliages and other oppressions.

Concerning the place of reception of the King and Queen:

Be it remembered to amend the place of reception of the King and Queen.

Concerning the Parliaments, how many shall be held in each year, and in what manner:

Let it be remembered that the twenty-four have ordained that three Parliaments shall be held each year, the first a week after Michaelmas, the second on the day after Candlemas, and the third on the first day of June, that is to say, three weeks before Midsummer's Day. To these three Parliaments shall come the elected councillors of the King, even if they be not sent for to review the state of the land and to treat of the common needs of the kingdom and the King. And at other times, when need be, they shall meet on the command of the King.

Let it be remembered that the commonalty shall elect twelve honest men, who shall come to the Parliaments, and at other needful times, when the King and his council shall send for them to treat of the needs of King and kingdom. And the commonalty shall treat as established whatsoever these twelve shall ordain, and this shall be done to avoid expense to the commonalty.

Fifteen shall be named as the King's council by the following four, to wit--the Earl Marshal, the Earl of Warwick, Hugh Bigot, and John Mansel, who are elected by the twenty-four to name the above-mentioned fifteen. And their appointment shall be confirmed by the twenty-four or the greater part of them. And they shall have power to advise the King in good faith concerning the government of the kingdom and all matters pertaining to King and kingdom; and to amend and put to rights all things which they shall see require redress and amendment. And they shall have control over the Chief Justice, and over all other men. And should they not all be able to be present, what the majority ordains shall be settled and established.

(Then follow the names of the principal castles of the King and of their custodians.)

[19] A vassal, holding not immediately from the Sovereign, but from some great lord.

[20] The hereditary revenue of the crown, as distinct from taxation.

HENRY REPUDIATES THE PROVISIONS OF OXFORD (1261).

+Source.+--_Matthew of Westminster_, vol. ii., pp. 391-392. (Bohn's Libraries.)

About the same time, in February, the lord the King of England, who, during his whole reign, had been considered extravagantly liberal towards foreigners, having now taken thought with himself secretly, that from being subjected to the provisions made by the Barons he had been, contrary to his customs, forced to stay his hand, was greatly grieved at being forced to adhere to their guardianship and arrangements, however useful they might be, and determined, with a resolute heart, to alter them. Therefore, having convoked his nobles, he said to them: "All of you laboured perseveringly on behalf of the general advantage and benefit (as you asserted) of the King, and for the sake of increasing my treasures, and diminishing my debts; and you unanimously agreed to a promise which was to be observed upon oath, to the observance of which you also bound me and my son by a similar oath. But now I have experienced beyond a doubt that you are desirous not so much of the advantage of the King and of his kingdom as of your own, and that you are altogether receding from your arrangements, and that you have reduced me not as your lord, but as your servant under your authority. Moreover, my treasury is exhausted to an unusual degree; my debt increases in every direction, and the liberality and power of the King is almost overthrown and put down. On which account I desire you not to wonder if I do not walk any more by your counsel, but leave you to yourselves for the future, and allow myself to seek a remedy for the existing state of affairs."

And when he had said this, having sent ministers to Rome to procure absolution, the King wrote a special letter to the King of France, and to his son Edward, entreating them to furnish him with assistance. And the King of France promised him a large army, which he would support at his own expense for seven years, if it should be necessary; and Edward exerted himself, as it was said, in collecting forces of every description, endeavouring to release Henry, who was no longer a youth, but a veteran, from the confinement in which he was kept, and to make him master of his kingdom, as he had been used to be. In the meantime, the King, having neglected the statute made by his nobles, and being deceived by flattering counsels, entered the Tower of London, and having forced open the bolts, seized the treasure which was deposited there, and spent and dissipated it. Moreover, he hired workmen, and caused the Tower to be strengthened in every part, and he ordered the whole City of London to have its locks and barriers strengthened, and to be fortified all round. And having convoked all the citizens of twelve years old and upwards, he caused them all to swear to maintain their fidelity to him, the crier making proclamation that all who were willing to serve the King should come to receive pay from him. And when they heard this, the nobles flocked in from all quarters with their forces, encamping without the walls, since all entertainment within was entirely denied to them. And so a deadly war was expected on every side, which, indeed, had never been so near in past years.

THE QUEEN INSULTED BY THE LONDONERS (1263).

+Source.+--_William Rishanger's Chronicle_, p. 18. (Rolls Series).

Meanwhile, Edward, the King's son, arrived from across the seas, and garrisoned Windsor Castle with an armed band of aliens, whom he had brought with him a short time before. The King, however, fearing to be imprisoned in the Tower by the army of the Barons, agreed while there was yet time, through the mediation of timorous men, to the conditions of peace proposed by the Barons, and promised to observe the Provisions of Oxford. But the Queen, impelled by woman's malice, opposed the Barons as far as she could. Consequently, when she had embarked in a boat on the Thames for the purpose of proceeding by water to the castle at Windsor, a mob of townspeople gathered at the bridge under which she had to pass, loaded her with abuse and execrations, and, by throwing stones and mud, compelled her to return to the Tower.

THE BATTLE OF LARGS (1263).

+Source.+--_Androw of Wyntoun's Orygynale Cronykil of Scotland_, book vii., ll. 3267-3306.

A thowsand twa hundyr sexty and thre Yheris efftyr the Natyvyté, Haco, Kyng than off Norway, Come wyth hys ost and gret array In Scotland on the West Se. In Cwnyngame[21] at the Largis he Arryẅyd wyth a gret multitud Off schyppys wyth topcastellys gud. And thare be a tempest fell Off gret weddrys scharpe and snell Off fors thai behoẅyd to tak Land, and thame for battayle make: And offt syne[22], as thai mycht wyn Thare schyppys, thai wald enter in, And ordanyd thame wyth dilygens In thare schyppys to mak defens. The Kyng Alysandyre off Scotland Come on thame than wyth stalwart hand, And thame assaylyd rycht stowtly: Thai thame defendyd rycht manlyly. A Scottis sqwyare off gud fame, Perys off Curry cald be name. Amang the rapys[23] wes all to rent Off tha schyppys in a moment. And mony wes slayne that ilk tyde Off Scottis and Norways on ilke syde. Thare thai fechtand war sa fast, The Kyng off Norway at the last And hys men fer revyd[24] sare, That evyre thai arryẅyd thare: For off hys schyppys in the sé Ware mony drownyd; and thare menyhe Ware sa sted in gret peryle. The Kyng hymself into that qwhylle Wytht hys naẅyn[25], that sawffyd was, Wychtly wan[26] owt off the pres, And tuk the se hamwart the way, Thare trad[27] haldand till Orknay. Thare than tuk land Haco thar Kyng, And in gret seknes mad endyng.

[21] Cunningham, one of the old districts of Ayrshire.

[22] Afterwards.

[23] Ropes.

[24] Sorrowed.

[25] Ships.

[26] Cleverly won.

[27] Course.

THE MISE OF AMIENS (1264).

+Source.+--_Rymer's Fœdera_, vol. i., pp. 433-434.

(This document is drawn up in the name of Louis IX., King of France. After a recapitulation of the letters of appeal sent to him by the King and Barons of England, he continues):

The aforesaid King of England on the one side, and the above-mentioned Barons on the other, have appealed to us concerning all the disputes between them, ... and have promised by an oath on the Holy Gospels that they will obey in all good faith whatever decision we decree and ordain regarding these disputes or some of them.... Therefore, having caused the said King in person, and certain of the Barons in person, and others by proxy, to appear before us, and having perceived that the provisions, ordinances, and statutes of Oxford, and the obligations resulting from them and brought about by them, have been of exceeding great hurt to the King's rights and honour, and have occasioned disturbances in the kingdom, depression and damage to the Church, and much loss to other persons--laymen and churchmen, natives and aliens--in the kingdom; believing, also, that even more serious results may reasonably be feared in the future; and bearing in mind, especially, that the lord Pope has already by his letters declared them null and void; in the name of the Father, the Son, and the Holy Ghost, by our royal command and ordinance we declare null and void the aforesaid provisions, ordinances, and statutes--by whatever name they may be called--and whatever obligations result from them, or are occasioned by them.

We declare further, that, by virtue of the said provisions, or obligations, or ordinances, or of any power conceded in connection with them by the King, no one is to make new statutes, or to hold to or observe those already made, and on account of non-observance of the aforesaid statutes no one shall be deemed, capitally or otherwise, the enemy of another, or shall undergo any punishment on this account.

We decree, also, that all letters resulting from the aforesaid provisions shall be null and void, and shall be restored to the King by the Barons.

In addition, we declare and ordain that all castles which were handed over as a pledge for the carrying out of the provisions, or because of them, shall be freely restored by the said Barons to the King, to be held by the King as he held them before the time of the aforesaid provisions.

Further, that the aforesaid King may, freely and of his own will, elect, dismiss, and remove from office, the Chief Justice, the Chancellor, the Treasurer, counsellors, lesser justices, sheriffs, and all other officials and servants of his kingdom and household, as he did and was allowed to do before the time of the aforesaid provisions.

Further, we cancel and annul the statute which provides that for the future the kingdom of England shall be governed by native-born men, and that aliens shall leave the country not to return, except those whose continued residence is approved by the commonalty: we ordain that aliens may freely dwell in the said kingdom; and that the King may freely call whomsoever he pleases, both aliens and natives, to his council, even as he could before the aforesaid time.

We declare and ordain, also, that the said King shall have full power to govern freely in his kingdom and its dependencies, and shall be in the state and in the enjoyment of plenary power, in and through everything, even as he was before the aforesaid time.

THE BATTLE OF LEWES (1264).

+Source.+--Continuation of _Matthew Paris_ (attributed to William Rishanger), vol. iii., pp. 347-349. (Bohn's Libraries.)

Being then assured that a battle was imminent, the army of the Barons, before sunrise, left the village of Fletching [about six miles distant from Lewes], where a great portion of it had passed the night. Before starting on the expedition, Earl Simon conferred the honour of knighthood on Gilbert Clare. When they reached a place scarcely two miles distant from the town of Lewes, Simon with his friends ascended an eminence, and placed his car thereon in the midst of the baggage and sumpter horses. There he displayed his standard, fastening it securely to the car, and surrounded it with a large number of his soldiers. He himself with his army took possession of the ground on both sides of this place, and awaited the issue of events. In another car he had shut up four citizens of London, who had conspired to betray him a short time before, when he was passing the night at Southwark. This he did by way of precaution. He then prudently arranged his forces, and ordered his soldiers to fasten white crosses on their breasts and backs, above their armour, that they might be known by their enemies, and to show that they were fighting for justice. Early in the morning of that day the army of the Barons surprised the King's followers, who had gone out to seek food and fodder for their horses, and put a great many of them to death.