Imágenes de página
PDF
ePub

on which the truce was made, and beyond the Loire they shall hold them in the same manner in which they held them on the day on which he and his people were able, within so many lawful days, to hear of the truce being made. 20 The king of England includes in the truce all those who were more liegemen of himself than of the king of France before the truce. As to the prisoners, it shall be thus agreed on both sides : those prisoners whom the king of France detains, shall be rescued upon giving such security as they shall offer, if it shall so please the said king; but if it shall not please him, then his arbitrators shall upon oath declare what security shall be given in addition thereto, in order that the king of France may be secure that the prisoner will return to the custody of the king of France fifteen days before the end of the truce, if the prisoner is then alive; and the same shall be done as to the prisoners of the king of England by his arbitrators. All these things both kings shall swear to observe with good faith, and shall make oath at the hand of the cardinal; and they shall give their letters patent as to keeping and observing the aforesaid truce and covenants. Before us, on part of the king of France, Gervaise de Chatillon has made oath and sworn, on behalf of the king of France, that this truce shall be observed ; such persons also shall make oath, both clergy as well as laity, subject to the arbitration of the umpires, as the king of England shall require. In addition to which, be it known to you that we who have sworn to this agreement for a truce, have hereupon had letters patent on behalf of the king of France for the confirmation of the same, expressing that whatever we shall ordain as to observing the truce, that same he will ratify and confirm. Done between Vernueil and Tiliers, in the year from the Word made Incarnate one thousand one hundred and ninety-four, on the twenty-third day of July.”

After the king had crossed over, on Hugh, bishop of Durham, returning home, Hugh Bardolph demanded of him the earldom of Northumberland, Newcastle-upon-Tyne, and the castle of Bamborough, which the said bishop had promised to the king that he would deliver up. However, the bishop delayed doing this, because his messenger, whom he had made offer to the king of two thousand marks of silver for retaining the said earldom and the above-mentioned castles, had not yet returned. When he returned, he brought with

20 Probably a certain distance being reckoned for each lawful day.

him a letter from the king, by which the king informed Hugh Bardolph that if the said bishop of Durham should give him security for the payment of the said two thousand marks, he was to deliver to the said bishop the before-named earldom, together with the castles.

On the king's letter being delivered to Hugh Bardolph, he accordingly made answer to Hugh, bishop of Durham, saying: “If you wish me to act according to the king's commands, deliver up to me the castles and the earldom, and I will re-deliver them to you, as the king has commanded, if you give me security for the receipt of these two thousand marks, on behalf of the king.' To this the bishop of Durham replied : “ There is no need for me to deliver them to you to deliver them to me again, as I have got them, and hold them in my possession.” On hearing this, Hugh Bardolph immediately sent word to our lord the king, what answer he had received from the bishop; at which the king being incensed, ordered the bishop of Durham to be disseised of the castles and the earldom above-mentioned, and the two thousand marks to be demanded of him. The king also, in the fury of his anger, ordered the bishop of Durham to be dispossessed of the manor of Sedbergh, with the knight's fees and wapentake which the said king had given to Saint Cuthbert and the Church of Durham, and the said bishop, as a pure and perpetual alms-gift, and by his charter had confirmed the same, in manner previously stated; which was accordingly done.

In the meantime, the canons of the church of York, making complaint to the archbishop of Canterbury, the king's justiciary, of the injuries that had been done them by the archbishop of York, the archbishop of Canterbury, by the royal authority with which he was invested, sent to York, earl Roger Bigot, William de Warenne, William de Stuteville, Hugh Bardolph, William Bruyere, Geoffrey Habet, and William Fitz-Richard, a clerk, to hear the dispute between the archbishop of York and his canons, and to settle the same as justice should require. Having accordingly come thither, and heard the appeals of the canons, and the answer of the archbishop and his adherents, they ordered the men of the archbishop who had been charged with robbery, to be seized and thrown into prison. And although the archbishop was ready to give his warranty for what they had done, he still was unable to bail them. After this, they summoned

the archbishop to come and receive their judgment, and, because he refused, they dispossessed him of all his manors, with the sole exception of the manor of Ripon, to which the archbishop had retired; after which, they caused the canons to be reinstated in their stalls of which the archbishop had dispossessed them. On their departure, they appointed William de Stuteville, and Geoffrey Haget, to exercise supervision in Yorkshire over the archbishop and his shrievalty.

Shortly after, in the month of September, justices itinerant were sent in the king's behalf throughout each of the counties of England, and proceeded, in giving their judgments, in conformity with the tenor of the heads hereunder stated.

THE FORM 20 OF PROCEDURE IN PLEAS OF THE

CROWN OF THE KING. “In the first place, four knights are to be chosen from out of the whole county, who, upon their oaths, are to choose two lawful knights of every hundred and wapentake, and these two are to choose upon their oath ten knights of every

hundred or wapentake, or, if there shall not be knights sufficient, free and lawful men, in order that these twelve may together make inquisition on each of the following heads in every hundred or wapentake.

Heads of Pleas of the Crown of the King. “ Of Pleas of the Crown, both new and old, and all those which have not yet been concluded before the justiciaries of our lord the king. Also, of all Recognizances and all Pleas on which summons has been issued before the justiciaries, by writ of the king or of the chief justice, or which have been sent before them from the supreme court of the king. Also, of Escheats, what these now are, and what they have been, since the king set out on his expedition to the land of Jerusalem, and what there were at that time in the king's hands; and again, what there are now in his hands or otherwise; and of all Escheats of our lord the king, if they have been taken out of his hands, how, and by whom, and into whose hands they have come, and of what kind, and if any person has had any profits from the same, and what they are, and what was the value thereof, and what is the present value ; and if there is any Escheat, which belongs to our lord the king, which is not at present in his hands. Also, of Churches which

20 The text of Wilkins has been followed here.

are in the gift of our lord the king. Also, of Wardships of children, which belong to our lord the king. Also, of Marriagesl of maidens, or of widows, which belong to our lord the king. Also, of Malefactors, and their harbourers and abettors. Also, of forgers. Also, of Murderers of the Jews, who they are, and of the pledges of Jews so slain, their chattels, lands, debts, and writings, and who has the same; and how much each person owes them, and what pledges they had, and who holds the same, and how much they are worth, and who has the profits thereof, and what they are; all the pledges and the debts of the Jews so slain are to be seized for the king; and those who were present at the murder of the Jews, who have not made a composition thereon with our lord the king, or with his justiciaries, are to be arrested and are not to be liberated except by our lord the king, or his justiciaries. Also, of all Aids given for the ransom of our lord the king, how much each person promised, and how much he has paid, and how much is still due from him. Also, of the adherents of earl John, and such of them as have made a composition with our lord the king, and such as have not. Also, of the Chattels of earl John or his adherents, which have not been converted to the use of our lord the king; and how much the sheriffs and their bailiffs have received; and who has given anything contrary to the ancient customs of the kingdom. Also, of all the Lands of earl John, of his Demesnes, and Wards, and Escheats, and his gifts, and for what reason the same were given to him, and all the gifts to earl John are to be seized for our lord the king, except those which have been confirmed by the king. Also, as to the Debts and Fines which are due to earl John, and for what causes; and all the same are to be demanded on behalf of our lord the king. Also, of Usurers, and the Chattels of such of them as are dead. Also, of Wines sold contrary to the assize, and of false measures for wine as also for other things. Also, of such Crusaders as have died before setting out for the land of Jerusalem; and who possesses their chattels, and what they are, and to what extent. Also, of Grand Assizes, which are of lands a hundred shillings in value or less.

Also, in every county there are to be three knights chosen, and one clerk, who are to be keepers of the Pleas of the Crown;

21 “ Maritagiis,” the right of giving them in marriages and receiving a fee for the same.

and no sheriff is to be justice in his shrievalty, nor yet in any county which he has held since the first coronation of our lord the king. Also, an inventory is to be made of all the Cities, and Boroughs, and Demesne Lands of our lord the king.

Also, the said justices, together with the bailiffs of William of the Church of Saint Mary, Geoffrey Fitz-Peter, William de Chimelli, William Bruere, Hugh Bardolph, and the sheriff of each place, are to cause the knights mentioned on the roll to be summoned in their respective counties, to appear at a time and place which they shall signify to them, and to make them swear in their presence that they will use all their lawful endeavours to restore the Lands and Escheats belonging to our lord the king, and to value the same to the advantage of our lord the king, and not through hatred, favour, or regard for any person, to omit so to do. And the said knights before-named shall, upon their oath, make choice of twelve lawful knights, or free and lawful men, if knights shall not be found for the purpose, in the different parts of each county on the circuit of the said justices itinerant, as shall seem expedient; who shall, in like manner, make oath that they will use all their lawful endeavours to restore, and to value and establish the rights of Wardship and Escheat in those parts, and will give their counsel and assistance to advantage the king therein, as before-mentioned. The said jurors shall also, upon oath, choose from free men as many and such as they shall think necessary for the performance of the aforesaid business of our lord the king as to Escheats and Wardships, in such manner as may be best done for the advantage of our lord the king. It is also to be known, that the said Wardships and Escheats shall be made good out of the revenues arising therefrom up to the feast of Michaelmas, as also from the revenues at that time due; and, if they shall not suffice, then the deficiency shall be supplied by a toll of our lord the king : it being understood that those who hold the said Wardships and Escheats to farm, shall, after the feast of Saint Michael, answer for the same thenceforward as for farms in husbandry. And as for those who shall hold the said Wardships and Escheats to farm, our lord the king shall give them warranty for the same from year to year until the termination thereof; so that, although our lord the king should give any of them to any person, the farmer shall still hold his farm, to hold the same by farm till the end of the year, by paying to

« AnteriorContinuar »