Imatges de pàgina
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described below; that is to say, that they shall elect twenty-five barons of the kingdom, whom they will, who ought with all their power to observe, hold, and cause to be observed, the peace and liberties which we have conceded to them, and by this our present charter confirmed to them; in this manner, that if we or our justiciar, or our bailiffs, or any one of our servants shall have done wrong in any way toward any one, or shall have transgressed any of the articles of peace or security; and the wrong shall have been shown to four barons of the aforesaid twenty-five barons, let those four barons come to us or to our justiciar, if we are out of the kingdom, laying before us the transgression, and let them ask that we cause that transgression to be corrected without delay. And if we shall not have corrected the transgression or, if we shall be out of the kingdom, if our justiciar shall not have corrected it within a period of forty days, counting from the time in which it has been shown to us or to our justiciar, if we are out of the kingdom; the aforesaid four barons shall refer the matter to the remainder of the twenty-five barons, and let these twenty-five barons with the whole community of the country distress and injure us in every way they can; that is to say by the seizure of our castles, lands, possessions, and in such other ways as they can until it shall have been corrected according to their judgment, saving our person and that of our queen, and those of our children; and when the correction has been made, let them devote themselves to us as they did before. And let whoever in the country wishes take an oath that in all the above-mentioned measures he will obey the orders of the aforesaid twenty-five barons, and that he will injure us as far as he is able with them, and we give permission to swear publicly and freely to each one who wishes to swear, and no one will we ever forbid to swear. All those, moreover, in the country who of themselves and their own will are unwilling to take an oath to the twenty-five barons as to distressing and injuring us along with them, we will compel to take the oath by our mandate, as before said. And if any one of the twenty-five barons shall have died or departed from the land or shall in any other way be prevented from taking the above-mentioned action, let the remainder of the aforesaid twentyfive barons choose another in his place, according to their judgment, who shall take an oath in the same way as the others. In all those things, moreover, which are committed to those five and twenty barons to carry out, if perhaps the twenty-five are present, and some disagreement arises among them about something, or if any of them when they have been summoned are not willing or are not able to be present, let that be considered valid and firm

which the greater part of those who are present arrange or command, just as if the whole twenty-five had agreed in this; and let the aforesaid twenty-five swear that they will observe faithfully all the things which are said above, and with all their ability cause them to be observed. And we will obtain nothing from any one, either by ourselves or by another by which any of these concessions and liberties shall be revoked or diminished; and if any such thing shall have been obtained, let it be invalid and void, and we will never use it by ourselves or by another.

62. And all ill-will, grudges, and anger sprung up between us and our men, clergy and laymen, from the time of the dispute, we have fully renounced and pardoned to all. Moreover, all trans

gressions committed on account of this dispute, from Easter in the sixteenth year of our reign till the restoration of peace, we have fully remitted to all, clergy and laymen, and as far as pertains to us, fully pardoned. And moreover we have caused to be made for them testimonial letters-patent of lord Stephen, archbishop of Canterbury, lord Henry, archbishop of Dublin, and of the aforesaid bishops and of Master Pandulf, in respect to that security and the concessions named above.

63. Wherefore we will and firmly command that the Church of England shall be free, and that the men in our kingdom shall have and hold all the aforesaid liberties, rights and concessions, well and peacefully, freely and quietly, fully and completely, for themselves and their heirs, from us and our heirs, in all things and places, forever, as before said. It has been sworn, moreover, as well on our part as on the part of the barons, that all these things spoken of above shall be observed in good faith and without any evil intent. Witness the above named and many others. Given by our hand in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.

30.

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Writ for the Collection of a Carrucage

(August, 1220. Latin text, Stubbs, S. C. 352.

2 Stubbs, 36.)

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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

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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 House London on the aforesaid day under your seal and the seals of the aforesaid two knights, and you shall have it deposited safely plan safe knight in the New Temple until it shall have been arranged what ought implan to be done with it; and you, as you value your life and property, buy tools busy yourself in this, lest afterwards, by occasion of malfeasance ey done by you and the aforesaid knights in the inquisition andunt it 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. can't touch

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31. Writ for the Assembling of the County Court before the Judges Itinerant

(April, 1231. Latin text, Stubbs, S. C. 358. Translation by Editors. 2 Stubbs, 214.)

HE king to the sheriff of Yorkshire, Greeting.

THE

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.

32.

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Writ for the Collection of Scutage du with h

(July, 1235. Latin text, Stubbs, S. C. 364. 2 Stubbs, 52.)

Translation by Edray gub emmy kin HE king to the sheriff of Somersetshire, Greeting.

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.

Writ of Summons for Two Knights of the
Shire to grant an Aid

(February, 1254. Latin text, Stubbs, S. C. 376. Translation by Editors.
2 Stubbs, 69, 232.)

FORM

ORM 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

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