seised for our use free of claims, and he himself shall be put in our prison until he shall be liberated by us. Moreover, let every hundred in your county be recorded by itself and each parish in every hundred by itself, so that our justices may know how to answer for every vill by itself. Moreover, when our justices shall have made the assessment of this aid of ours in any hundred, city, or vill, they shall immediately cause copy to be made from their rolls of all the particulars of the aid assessed, and shall hand over to the sheriff for the collection of the aid noted in each roll from fortnight to fortnight, with all speed, and our justices shall keep their own rolls safely in their possession until they bring them to us. It is also decreed that all our clerks, and all our justices and their clerks, and all who shall busy themselves in any of this work, shall swear that they will do this work faithfully and with all their might, as it has been set forth, and that for nothing will they neglect this. Moreover, we command, upon penalties of life and limb, that every good penny of lawful weight, although it is not new, shall be accepted both for our use and for that of all others in our realm. Moreover, for assessing this aid in your county we send, in our stead, Robert of Berkeley, Richard of Mucegros, William of Falaise, Master R. of Gloucester, Walter of Aura, Adam Fitz-Nigel, etc. And we bid you to be just as attentive to them in this as to ourselves. Witness myself at Northampton, the seventeenth day of February. 24. Recognitions, Assizes, and the Jury (Latin originals, Delisle, Recueil de Jugements de l'Echiquier de Normandie. Translation by Editors. Date and reference in each case. Though the first three cases are from Normandy, the usage is exactly the same as in England, and they are earlier than the Magna Carta. The last two are from Maitland's Bracton's Note Book.) 1. EUSTACE CALLOT, under age, asked seisin of the land of his father, that is of the manor of R., of which his father was seised in the year and day on which he died, of which Richard Callot his uncle was disseising him. A recognition was made concerning this by legal men and they swore that Robert Callot, his father, was seised of it at some time, but they did not know whether he was seised of it on the day on which he died or not. And so it was judged that he who was holding should hold, and that the right should remain between them. Afterwards the said Eustace asked a recognition whether his father was seised of the said manor when he married his mother or not. But his uncle, who was holding that manor, asked the judgment of the king's court whether there ought to be taken another recognition concerning this than that which the said Eustace had had of the seisin of his father. But the bailiff pointed this out to lord Walter the chamberlain at Rouen. But lord Walter was unwilling to make judgment upon it at Rouen, but he postponed it to the exchequer of the lord king at Falaise, and when judgment was to be made upon it there, it was said and testified by many that the mother of the said Eustace asked the whole of the said manor in dower in the court of the lord king, and that she had by agreement in the court of the lord king a third part of that manor in dower. And so it was judged that the said Eustace as protector of that dower should have two parts of that manor. (p. 13, 1209.) 2. Recognition [recordatio] between Matthew le V. and Andrew de O. by [13 names] who say that they were at a certain assize at Grandmesnil and saw and heard that a certain inquiry by oath [jury] was made there between the same Matthew and the same Andrew concerning a certain land of the fee of Grandmesnil, and of the seisin of W. de A., uncle of the said Matthew. Ten men of those who made the inquiry by oath said that they never saw the said W. have seisin of the said land, but always they saw the father of the same Andrew and the same Andrew seised of that land. Two other men of those who made the inquiry by oath said that they knew nothing about it. And so the seisin of that land was judged in that assize to the same Andrew, and it was judged in that assize that the plea remained between them. It is judged that the same Andrew have seisin of that land, and the said Matthew in mercy for a false claim. (p. 27, 1212.) Darrien Presentment. - It is judged that Alan de Av. have seisin of the presentation of the church of Av., since Henry de Al. who disseised the same Alan of this is unwilling to submit to a recognition according to the usages and customs of Normandy as to who presented the last parson deceased to that church, and the same Henry is in mercy. (p. 33, 1213.) 4. Novel Disseisin. The assize came to inquire recognitura] if Robert chaplain of Owresby unjustly etc. disse Helena of Crosholm of her free tenement in Norton after etc. And R. came not nor was found and so the assize was taken by default. The jurors say he disseised her because R. made to reap in the land of the same Helena and to carry off. And so it was judged that Helena recover her seisin and R. be in mercy. (Case 1204, III., p. 217.) + 5. Mort d'Ancestor. The assize came to inquire if Simon son of Thomas, father of Richard son of Simon who is under age, was seised in his demesne and of fee of half a virgate of land with appurtenances in Brinton on the day on which he died, etc., and if etc. which land Gunnora of Brinton held, who came and called Richard of Brinton to warrant it, who came and warranted it to her and said. . . And since Richard is under age it was judged that he is not able to answer to this and so the assize proceeds. The jurors say that the said Simon died so seised as the writ says and that Richard is next heir of that same land which Gunnora held, concerning which she called to warrant the said Richard, whether there was more or less than half a virgate there. (Case 42, II., p. 39.) 25. John's Concession of the Kingdom to the Pope (May, 1213. Latin text, Stubbs, S. C. 284. Translation, G. and H. 75. I Stubbs, 560.) JOHN JOHN, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine, earl of Anjou, to all the faithful in Christ who shall inspect this present charter, greeting. We will it to be known by all of you by this our charter, confirmed by our seal, that we, having offended God and our mother the holy Church in many things, and being on that account known to need the divine mercy, and unable to make any worthy offering for the performance of due satisfaction to God and the Church, unless we humble ourselves and our realms-we, willing to humble ourselves for him who humbled himself for us even to death, by the inspiration of the Holy Spirit's grace under no compulsion of force or of fear, but of our good and free will, and by the common consent of our barons, offer and freely grant to God and His holy apostles Peter and Paul, and the holy Roman Church, our mother, and to our lord the Pope Innocent and his catholic successors, the whole realm of England and the whole realm of Ireland with all their rights and appurtenances, for the remission of our sins and those of all our race, as well quick as dead; and from now receiving back and holding these as a feudal dependant, from God and the Roman Church, in the presence of the prudent man Pandulf, subdeacon and familiar of the lord the pope, do and swear fealty for them to the aforesaid our lord the Pope Innocent and his catholic successors and the Roman Church, according to the form written below, and will do liege homage to the same lord the Pope in his presence if we shall be able to be present before him; binding our successors and heirs by our wife, for ever, that in like manner to the supreme pontiff for the time being, and to the Roman Church, they should pay fealty and acknowledge homage without contradiction. Moreover, in proof of this our perpetual obligation and grant, we will and establish that from the proper and special revenues of our realms aforesaid, for all service and custom that we should render for ourselves, saving in all respects the penny of blessed Peter, the Roman Church receive 1000 marks sterling each year, to wit at the feast of Saint Michael 500 marks, and at Easter 500 marks; 700 to wit for the realm of England, and 300 for the realm of Ireland; saving to us and our heirs, our rights, liberties, and royalties. All which, as aforesaid, we willing them to be perpetually ratified and confirmed, bind ourselves and successors not to contravene. And if we or any of our successors shall presume to attempt this, whoever he be, unless he come to amendment after due admonition, let him forfeit right to the kingdom, and let this charter of obligation and grant on our part remain in force for ever. The Oath of Fealty I, John, by the grace of God king of England and lord of Ireland, from this hour forward will be faithful to God and the blessed Peter and the Roman Church, and my lord the Pope Innocent and his successors following in catholic manner: I will not be party, in deed, word, consent, or counsel, to their losing life or limb or being unjustly imprisoned. Their damage, if I am aware of it, I will prevent, and will have removed if I can; or else, as soon as I can, I will signify it, or will tell such persons as I shall believe will tell them certainly. Any counsel they intrust to me, immediately or by their messengers or their letter, I will keep secret, and will consciously disclose to no one to their damage. The patrimony of blessed Peter, and specially the realm of England and the realm of Ireland, I will aid to hold and defend against all men to my ability. So help me God and these holy gospels. Witness myself at the house of the Knights of the Temple near Dover, in the presence of the lord H. Archbishop of Dublin; Warren, son of Gerald. The 15th day of May in the 14th year of our reign. House Vay, 1213. Latin text, Stubbs, S. C. 276. Translation, Giles, Roger of HE next day the king sent letters to all the sheriffs of the p ad town in their demesnes, together with the warden, to Saint Alban's on the fourth of August, that through them and his other agents bail be might make inquiries about the losses and confiscated property of each of the bishops, and how much was due to each. 27. Writ of Summons to a Great Council (November, 1213. Latin text, Stubbs, S. C. 287. Translation by Editors, I Stubbs, 567, 609.) THE HE king to the sheriff of Oxfordshire, greeting. We direct you to cause all the knights of your bailiwick, who have been summoned to appear before me at Oxford on All Saints' Day, to come in fifteen days with their arms; but all the barons to come in like manner unarmed: and that you cause four discreet men of your county to meet us there at the same time to consult with us about the affairs of our realm. Witness myself at Witney, the seventh day of November. 28. Grant of Freedom of Election to Churches (November, 1214. Latin text, Stubbs, S. C. 288. Translation, G. and H. 77. 1 Stubbs, 568.) Charter of King John for Free Elections in all England OHN, by the grace of God, king of England, lord of Ireland, JOHN, duke of Normandy and Aquitaine, earl of Anjou, to the archbishops, bishops, earls, barons, knights, bailiffs, and to all who shall see or hear these letters, greeting. Since by the grace of God, of the mere and free will of both parties, there is full agreement concerning damages and losses in the time of the interdict, between us and our venerable fathers Stephen, archbishop of Can |