9. S2013 Richard, John, Magna Carta


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From Richard to John and the Magna Carta

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  • Attributed to Longchamps who followed papal practice.
  • Henry II banned in England because of problems of gathering of potential rebels.Between Salisbury and Wilton, Warwick and Kenilworth, Stamford and Warinford, Brackley and Mixbury, and Blyth and Tickhill. Those who wished to tourney there had to obtain a license and issue payment for the privilege, and foreign knights were prohibited from tourneying in England. This is perhaps the first secular regulation of a tournament, done for the dual purpose of encouraging the sport and reducing the potential for it to be used as a gathering point for disloyal opposition.
  • 'Eyre' includes all payments that can be identified as originating from a general eyre or judicial circuit, excluding forest eyres. 'Judicial' can be said to be any other payments relating to justice, in particular fines made with the King (for example, for writs). The 'judicial' category excludes fines relating to feudal incidents, which are dealt with in the next column, 'Feudal' The 'Miscellaneous' column also provides information on quasi-judicial profits. Along with loan repayments, and other entries that could not easily be categorized or have no description, payments for the goodwill or favour of the king are included here. These fines pro benevolentia or pro gratia Regis were arbitrary and usually very steep, and were imposed to bind their payers in obedience to the King under penalty of being summoned for the full amount. feudal incidents, such as relief, marriage and ward-ships are excluded from the 'Judicial' column and dealt with separately to emphasize their importance in the context of Magna Carta's demands
  • The burden of the eyre is evident in the first few years of the reign, and it reaches unprecedented levels of exploitation after the suspension of the Bench in I 209 and the introduction of special eyres in 1210o . Equally apparent is the high level of 'judicial' revenue, a result of the policy of imposing large fines for writs, in effect 'selling' justice. Clause 45 used by Supreme Court of Califronia to require those facing incarceration to have a legally trained judge.
  • Dams with nets -kiddells
  • 8. No widow shall be compelled to marry, so long as she prefers to live without a husband; provided always that she gives security not to marry without our consent, if she holds of us, or without the consent of the lord of whom she holds, if she holds of another.
  • None the less, following John's death, she appears to have been excluded from the inner circle of the new royal council. Denied possession of the castles of Exeter and Rockingham, supposedly part of her dower, and refused payment of 3500 marks which she claimed to have been willed by John, in July 1217 she effectively abandoned her children in England in order to take up her family inheritance in France. Within the next three years she established her lordship over the city and county of Angoulême, despite resistance from the officials whom King John had appointed to administer the county in 1214, and in April or May 1220 she married for a second time.Isabella's new husband, Hugues, count of La Marche, was the son of her former fiancé, repudiated in 1200 in order that she might marry King John. As a result, in 1220 the younger Hugues succeeded to precisely the combined lordship over Lusignan, La Marche, and Angoulême that John had been so anxious to disrupt twenty years before
  • October 1216 Death of King JohnKing John died on 19 October in Newark leaving his nine-year-old son, Henry, as his successor. John’s remains were taken to Worcester Cathedral for burial near the shrine of St WulfstanMedieval effigies usually show the subject in the prime of life. John's tomb was opened twice. Once in 1529 when his head was covered with a monk's cowl, and the box part of the tomb was added to match the tombs of Prince Arthur and Griffiths apRyce. The tomb was opened again in 1797 when an antiquarian study of the body was made.John was found to be 5 ft 6½inches. A robe of crimson damask was originally covering the body, but by 1797 most of the embroidery had deteriorated. The remains of a sword lay down the left side of the body, and parts of the scabbard. The internal coffin was made of white Highley stone from Worcestershire John, on the other hand, lacked flair. Although a perfectly able strategist, he would always make the percentage play, opening himself up to the charge of cowardice. Nor could he, in Warren's words: '...miss the opportunity to kick a man while he was down'. This habit created enmities that festered into feuds.Yet John's greatest weakness was an inability to trust. The truism that 'a liar won't believe in anyone else', was never more apt than when applied to John. Time and again, when he should have trusted someone and given them power, a free rein and a say in things, he shied away, never daring to put his faith entirely in anyone. It lost him friends. It also lost him opportunities.
  • 9. S2013 Richard, John, Magna Carta

    1. 1. Richard and John‘Foul as it is, Hell itself is made fouler by the presence of John’Comment reported by Matthew Paris
    2. 2. John in England• 1193 Claims that Richard is dead (or will remain in prison)• Richard appoints Hubert Walter to Canterbury• Diplomatic Intrigues – John and Philip – Richard and Philip
    3. 3. Richard in PrisonGustav Dore
    4. 4. Richard Returns• February 4, 1194 Freed as vassal of H.R.E.• John pardoned• May 12, 1194 Richard leaves England forever• Hubert Walter-Archbishop of Canterbury
    5. 5. Richard – Laws Hubert Walter• Fixed annual fee from sheriffs• 1194 Coroners (‘crowners’ Hamlet V, i) (custodes placitorum coronae) "In every county of the kings realm shall be elected three knights and one clerk, to keep the pleas of the crown”• Royal Edict of 1195 – Obligation to deliver criminals
    6. 6. Coroners - Duties• Anything that might benefit the Crown – Suicides – Fires – Shipwrecks – Buried treasure• Murdrum – Presumptions of Normanry or Englishry
    7. 7. Richard – The Royal WeHenry II Know that I have granted and confirmed to my citizens of Oxford their liberties, customs, laws and immunities which they had in the time of my grandfather, King Henry.Richard I Know that we have granted to our burgesses of Northampton that none of them – except our officers and money-minters – need answer any plea outside the walls of the borough of Northampton, except pleas concerning lands held outside [the town].
    8. 8. Richard – Laws Hubert Walter• 1197 Forest Assize – Disafforestation and heavy fines• 1197 Assize of Weights and Measures
    9. 9. Tournaments 1130 Restricted by Pope Banned by Henry II in England 1194 Allowed by Richard at five designated places in England Observation of training advantages
    10. 10. Richard in Normandy• Regain territory from Philip• 1199 Wounded at Chalus
    11. 11. Berengaria• m 1191 Cyprus• vs. John over dower• 1204 Given Le Mans by Philip Augustus• 1216+ Received pension from Henry III• 1230 Buried at Abbey de LÉpau, Le Mans
    12. 12. Berengaria
    13. 13. Fontevrault Richard’s Burial
    14. 14. Assessment• Defender of the Faith• Failure to free Jerusalem• Personal prowess/ intelligence/ decisiveness ‘Oc e Non’Muslim view• Leader in war equivalent to Saladin• Daring to the extreme• Open in contacts with Muslim leaders
    15. 15. John• Victim of bullying?• Put down as Lackland• Paranoia• Overly fond of jewelry
    16. 16. Chief personnel• Geoffrey fitz Peter, earl of Essex and justiciar• Treasurer, William of Ely• Chief forester, Hugh de Neville• One novelty, the writ of attaint, to investigate the verdicts of local juries, was designed in the kings court in Normandy and sent to England in the usual way in the summer of 1201.
    17. 17. Treasuries• Winchester – Exchequer – Revenues and expenses accounted for in the pipe rolls• Cash accumulations – Castles – Chamber
    18. 18. Special tax collections1202 Fifteenth, customs duty onimports/exports1203 Seventh, a tax at the rate of 1s 6d on eachmark of the value of movables1207 Thirteenth, a tax at the rate of 1s. on eachmark of the value of movables1210-13 Interdict revenues, seizure of revenuefrom churches and monasteries
    19. 19. InterdictPermit• Baptism and confessions of dyingForbid• Mass, marriage, burial on Church land
    20. 20. Interdict• Confiscate Church land since clergy ‘on strike’• Clergy can buy land back on payment of fines• Bishops go into exile• Most Church business as usual• Church courts continue wo possibility of appeal to the Pope
    21. 21. Excommunication• Frees subject from necessity of loyalty• Frees Philip Augustus to attack under guise of a Crusade
    22. 22. Pipe roll revenues
    23. 23. 1212 SourcesFarm Demesne Eyre Judicial Feudal Scutage 3,455 6,831 3,029 1,728 6,219 353 Tallage Forest Jews Misc Debt 17 3104 207 1924 8522
    24. 24. Runnymede Charter - freedoms• Church (1). . . the Church of England shall be free, and shallhave all her whole Rights and Liberties inviolable• City of London (13; 9, 1225)The City of London shall have all the oldLiberties and Customs which it hath been usedto have.• Village or individual from being forced to build a bridge (23)
    25. 25. Justice (39; 29, 1225 Charter)NO Freeman shall be taken or imprisoned, or bedisseised of his Freehold, or Liberties, or freeCustoms, or be outlawed, or exiled, or any otherwise destroyed; nor will We not pass uponhim, nor condemn him, but by lawful judgmentof his Peers, or by the Law of the land.We will sell to no man, we will not deny or deferto any man either Justice or Right.
    26. 26. Magna Carta – Law and RevenuesLegal proceedings 17-22• Fixed place 17-19 – “17. Common pleas shall not follow our court, but shall be held in some fixed place.”• We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well. (45)No arbitrary fines 20-22
    27. 27. Magna Carta - takingsNo taking of corn without compensation (28)Horse and carts (30)Wood for castles and other buildings (31)“All kydells for the future shall be removedaltogether from Thames and Medway, andthroughout all England, except upon theseashore.”
    28. 28. Magna Carta and Feudal FeesInheritance Fixed fees (2): Earl £100; baron, £100 for a whole barony; knight, 100s Underage – no relief (3) Duties of guardians (4,5)Marriage Rights of heirs (6) Rights of widows (7,8)
    29. 29. Runnymede Charter – Wales, etc.• Restoration of land taken from Welsh (57)• Return of Welsh and Scottish hostages (58,59)
    30. 30. Magna Carta – Other• “No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband.” (54)• Uniform measures – important in 13th century• “Safe and secure” entry and exit except in times of war• Disafforestation
    31. 31. Magna Carta – DebtsLand No seizure if “chattels of the debtor are sufficient to repay the debt” (9)Debts to Jews No interest for underage heirs (10) Dower of widow and necessaries of children outside the debt (11)
    32. 32. Magna Carta - AssessmentsNo ”scutage or aid shall be imposed on ourkingdom, unless by common counsel of ourkingdom except for ransoming our person, formaking our eldest son a knight, and for oncemarrying our eldest daughter” (12)Similar rule for landlords (16)
    33. 33. Magna Carta – Security Clause (61)• Security to be maintained by 25 elected barons• Petitions to the King over transgressions of the Charter• In the event of non-compliance the 25 “shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained . . .
    34. 34. DistributionWrit required sheriffs and other royal officials intheir counties to have• The Charter read in public• Have the oath taken to the Twenty-Five — the enforcers of the Charter• Provide for the election of a jury of twelve knights in each county to enquire into evil customs.
    35. 35. Significance• On reissue (1216, 1217, 1225, 1297)• Definition of due process• Right to travel (Kent v. Dulles, 1958)• Lack of immunity of head of state to suit (Jones v. Clinton, 1994)
    36. 36. Isabella of Angoulême• Married at 12• Two unhappy marriages – John, 5 children’ Hugues Lusignan, 9 children• Considered harsh but forceful
    37. 37. John’s Tomb