Calendar of Patent Rolls, Henry III: Volume 3, 1232-1247. Originally published by His Majesty's Stationery Office, London, 1906.
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1232, membranes 9d, 8d
Notification to all Christian people that the king, having lately received a mandate of the pope touching the correction of trespasses against the church of Rome and Italian clerks and others in England, found on enquiry that the said trespasses were done by Hubert de Burgo, during the time of his justiciarship and ordered him to be arrested and brought before him. Hubert, being warned, fled to a chapel from which he was dragged out by his pursuers, without orders, and brought to London, but the king respecting the liberty of the church, caused him to be taken back. After many days being asked if he would leave the chapel and take his trial, he at length of his own will elected to come out for trial. He craved the king's mercy however, and so came out and the king's bailiffs then present received him and brought him to London and delivered him to the constable of the Tower.
The king, being in doubt whether he came out of his own will or by compulsion, sent to him Stephen de Sedgrave then the justiciary, John de Lascy, earl of Lincoln and constable of Chester, Brian de Insula, and others, and in answer to their questions he said that he came out of his own will, and not by compulsion or for lack of victuals and to do the king's will as to his lands, his goods and his body, and he was sorry that he had stayed there so long.
Afterwards when the king had as yet granted him nothing thereof because there were many fresh charges preferred against him, as well of the death of men as of many persons disinherited, and other crimes, the king ordered him to be delivered from the custody of the constable that he might freely appear at his court to answer for his trespass against the pope, against the king and against all others. And so he came at Cornhull in London on the eve of St. Martin's and appeared before Richard, earl of Cornwall and Poitou, W. earl of Warenne, Richard Marshal, earl of Pembroke, J. earl of Lincoln and constable of Chester, Stephen de Sedgrave, the justiciary, Ralph son of Nicholas, and others. He made no defence, but answered as before that he would in no wise submit to judgment (subire judicium), but simply and entirely placed himself at the king's will, as well as to his body as to his lands and all other things.
At length the king, moved by pity, at the instance of the magnates of England, and at the petition of Hubert and his relatives and friends, and with the permission of the complainants, respited the judgment, although the judgment was already formed in court, whereby he and his, in view of the peril of his body, and of the disherison of his heirs, of free will granted the following provision:—
'That all the lands, tenements and liberties in all things which he held of the king in chief and of King John should remain to the king forever, as well wards, bailiwicks and other things; all charters and chirographs which he had of them, should be surrendered to the king; and if any should be found hereafter, they should be annulled.'
'That Hubert and his heirs should retain the lands which had descended to him from his ancestors, and all lands which he held of the gift of other than the king, on condition that he should answer all complainants in respect thereof.'
'That all other chattels should remain to the king, whether gold, silver, money or other moveables, and that his body should remain at the castle of Devises in the custody of R. earl of Cornwall and Poitou, W. earl of Warenne, R. Marshal, earl of Pembroke, and J. earl of Lincoln and constable of Chester, until he shall take the habit of the Templars, which he had sought before but cannot now do because he is married, Or until he should be liberated by the common counsel of the king and of all the barons, his keepers, and the other magnates of the land; and if any of the said keepers die, the rest shall take to themselves another in his place,'
'Also Hubert, while in prison, if he held any land unjustly, might surrender it if he willed, notwithstanding that it might be in the custody of the said keepers.'
'Further, if he should get out of prison in any other way, contrary to the above provision, then the above judgment should be pronounced against him, and he should be dealt with as an outlaw, and all the lands given to him of the king's grace be forfeited and remain to the lords of the fees.'
'And the king granted that he would do him no other grace or cruelty than the above.'
'In witness whereof the king and the above keepers set their seals. Witnesses:—Ralph son of Nicholas, Thomas de Muleton, William de Insula, Richard Duket, Adam son of William, William de Ral[egh], Robert de Lexinton, Ralph de Norwico, and the citizens of London and others there present.'
Oct. 12. Lambeth.
Grant to the above keepers that the king shall be bound by the above provision, and if hereafter he be moved to order anything against it, his will is that the said keepers shall neither do nor permit anything to be done against it, and their resistance shall not be to their damage. Witnesses:—W. archbishop of York, R. bishop of Durham, J. bishop of Bath and Wells, W. bishop of Carlisle, S. de Sedgrave, the justiciary, B. de Insula, P. de Malo Lacu, R. son of Nicholas, G. de Craucumbe, the steward, Hugh Dispensator.
Acknowledgment by the said keepers of having received the said Hubert from the king, to keep in the form contained in the said provision made by the king and his barons.
Feb. 4. York [rectius Westminister.]
Nicholas de Stutevill, William de Insula and William de Sancto Edmundo are appointed as justices to deliver the gaol of York and to hear and determine the appeal between William son of William de Rue and Thomas de Ottel[eye] and others of mayhem and breach of the peace, on the morrow of Mid-Lent, at York.