Plea Rolls of the Reign of Edward I. A. D. 1293 to A. D. 1307.
Continued from Part I., Vol. VI.
Introduction.
The preface to the Plea Rolls in Vol. VI., Part I., of these Collections carried the sketch given of the History of the Law as far as
the Statute of "Quia emptores" of the 18th year of Edward I.
Between this year and the end of the reign of this Sovereign, the
only Statutes of any importance are the confirmations of the Great
Charter, and of the Charter of the Forest, in the 25th and 28th
years of Edward I.
The general discontent produced by the arbitrary conduct of
the King, and the heavy burdens thrown upon all classes for the
support of the King's warlike policy, culminated at length into
open resistance to the Royal authority at the period of the proposed
expedition to Flanders in 1297. A large body of the Barons
refused to accompany the King, on the ground that they were not
bound to serve him beyond the seas, and they shortly afterwards
delivered to him a formal remonstrance complaining of the violation
of Magna Charta and of the Charter of the Forests, and demanding
a confirmation of the two Charters, and a renunciation of the King's
claim to impose aids and tallages without the consent of Parliament.
The dissensions between the King and his subjects continued for
nearly three years, but the firm attitude assumed by the Barons, and
the necessities of the King's position arising from the number of his
foreign enemies, at length prevailed, and after a fruitless effort on
the King's part to introduce the words, "salvo jure coronœ nostrœ,"
in the 28th year of his reign, he affixed the Great Seal of England to
an absolute confirmation of the great and lesser Charters without
any reservation of the Royal prerogative.
The historian Hume goes very fully into these transactions,
following closely the text of Walter Hemingford's chronicle; but
the first writer who showed a full appreciation of their importance
is Hallam, who, in his "Constitutional History," styles the confirmation of the Charters by Edward I. one of the pillars of the English
Constitution. In this statute the King renounced for himself and
his heirs for ever all claim to make aids and tallages without the
assent of the whole realm (par commun assent de tut le royeume),
saving the ancient aids and prises due and accustomed, which would
be the aids such as scutage due by tenure, and the prises for the
King's household or royal fortresses. This is the first mention in
the Statute Book of a renunciation of right to levy taxes without
the assent of Parliament. There had been a similar renunciation
in the Great Charter of King John, but it had been omitted in the
revised Charter issued by Henry III.
This statute, being in the form of a charter, was sealed with
the Great Seal at Ghent in Flanders on 5th November, in the 25th
year of his reign. Complaints, however, having been made that
the Charter was not observed, an additional Act, known as the
Articuli super Chartas, was passed in 28 E. I. In these additional
articles the King remits all his anger against Humfrey de Bohun,
the Constable, Roger Bigod, the Earl Marshal, and all the other
Earls, Barons, Knights, and others, and also the tenants of land to
the yearly value of £20 who had not obeyed his summons to pass
over into Flanders. The same articles also contained a provision
that three Knights should be elected in every county to redress all
acts done against the Great Charter and the Charter of the Forest.
In pursuance of these articles, a close writ was directed to the
Sheriff of Staffordshire, dated from Westminster, 27th March, 1300,
directing him to cause three Knights of the county to be elected,
who were to appear before the King and Council at York on the
morrow of the Ascension (20th May), to perform whatsoever should
be enjoined of them for the better performance of the Great Charter
and the Charter of the Forests.
By Letters Patent dated from St. Edmunds on the 10th May
following, William de Stafford, Robert de Pype, and William de
Wrottesleye, were appointed Justiciaries for the due observance of
the articles contained in the Great Charter and the Statute of
Winchester, within the county of Stafford, and to hear and determine all pleas and plaints arising thereon.
In describing this Court of three Knights, which were elected
by the freeholders of each county, to hear and determine offences
against the two Charters, Hume observes: "Three Knights were
appointed to be chosen in each county, and were invested with the
power of punishing, by fine and imprisonment, every transgression
or violation of the Charters, a precaution which, though it was soon
disused, as encroaching too much on the Royal prerogative, proves
the attachment which the English, in that age, bore to liberty, and
their well grounded jealousy of the disposition of Edward I."
One of the consequences of these disputes between the King
and his Barons, was the perambulations of the forests of 28 E. I.,
which have been given in Part I. of Vol. V. of these Collections, the
object being to define the bounds of the jurisdiction of the forest
officers.
The Statute of Winchester was enacted in 1285 for the better
security of the subject, and the more prompt pursuit and capture
of felons. It directed that the hue and cry, the hutesium et clamor,
should be made in all County Courts, Hundred Courts, markets,
fairs, or other places where there was great resort of people, so that
none might excuse himself out of ignorance. Inquisitions were to be
made when necessary by the lord of the vill, and afterwards in the
Hundred and County, and in two or more counties in the case
of felonies committed in the marches of shires, so that the offenders
might be attainted. If the county would not answer for the
bodies of such offenders, the people of the county were to be
responsible for the robberies committed and the damages sustained,
so that the whole Hundred where the robbery was committed
should be answerable. The Hundred was to have only forty days
allowed them to agree for the damages or answer for the bodies of
the robbers. It is upon this provision of the Statute of Winchester
that the right has originated that compensation might be recovered
against the Hundred for loss sustained by a breach of the peace.
It was also enacted that in walled towns the gates should be
closed from sunset till sunrise, and that watches were to be kept,
as had been used in former times, viz., in every walled town six
men at each gate; in every borough twelve men; in every vill six
or four, according to the number of the inhabitants; and these were
to watch continually from sunset till sunrise. If any stranger
passed by, the watch was to arrest him till the morning, and if
any suspicion appeared, he was to be delivered to the Sheriff. If
anyone resisted the arrest, hue and cry was to be raised, and those
who kept watch were to follow the hue and cry from town to
town till the offender was taken. (fn. 1)
It was directed that highways should be cleared from woods,
bushes or dykes for two hundred feet on each side of the road, in
order to prevent malefactors from lurking there, but ash and oak
and other large trees were not to be felled to make a clearance.
If a park was made by the side of a highway, it was to be at the
distance of two hundred feet, or such a wall or fence was to be
made that malefactors might not come out to commit offences and
then escape back again. It was further ordered that every man
should have harness and arms according to his degree and the
ancient assize of arms.
In the 28th year of Edward I. was likewise passed the Statute
of "Wards and Reliefs," which seems to be nothing more than a
declaration of the common law upon those subjects. It states that
whenever a relief was given, wardship was incident to the tenure,
and the contrary; and that in all tenures by sergeanty with an
obligation to go with the King when under arms, wardship and
marriage were an incident thereto; but that those who held by petit
sergeanty should not be liable for wardship, marriage, nor relief;
that a free sokeman was not to give ward nor relief, but was to
pay double rent after the death of an ancestor, or according to what
he had been accustomed to pay to his lord. As regards wards, it
declared that the wardship and marriage of a tenant by Knight's
service belonged to the lord till the heir was 21 years of age, and
that the marriage, as ordained by Magna Charta was to be without
disparagement, and that in the case of a tenure by soccage, the wardship of the heir, if the land descended ex parte matris, belonged
to the nearest relative on the father's side, and so vice versâ. In
the event of an heir holding by Knight's service of more than one
lord, the wardship belonged to the lord who made the first feoffment.