The Conquering Family

by Thomas B. Costain

  It was a miserable train for a king as arrogant as John.

  As they drew near the appointed place, the sound of cheering reached their ears, mingled with the neighing of horses and the loud, clear blast of trumpets. Coming into sight of the shore opposite the island, they saw it was filled with armed horsemen, the sun shining on helmets and breastplates and on lances held erect to display the proudest pennons in England: the colors of Bigod, of Bohun, of Percy, of Lacey and Mowbray and De Vere. The King reined in suddenly, his face red with mortification. Here for the first time he saw with his own eyes the tangible evidence of the unanimity of the barons in opposition to him. They had refused to follow him on his continental forays. It had taken hatred of him to bring them out thus in full force!

  Robert Fitz-Walter had ridden down close to the water’s edge. Beside him was Eustace de Vescy with the cross argent on his shield and Saire de Quincey, whose arms showed eight points azure. The latter was the shrewdest member of the combination and is supposed to have been responsible for the final draft of the Charter. The three leaders watched the small party across the river with anxious eyes, wondering in what mood they would find the savage and unpredictable King.

  Every proud name in England was represented in the army behind them. Henry de Bohun was there, which would have amazed his ancestor, Humphrey With-the-Beard, who had been one of the stanchest supporters of the Conqueror. Close by stood a proud baron who was in much the same position, Richard de Percy, whose great-grandfather’s nickname had been William With-the-Whiskers and who had been equally unswerving in his devotion. Robert de Vere was probably the proudest participant, being hereditary lord chamberlain of the kingdom. Geoffrey de Mandeville was the wealthiest man there because of the land and riches brought him by Avisa. An unexpected adherent was the oldest son of William Marshal. His appearance was not due to the rather common practice of straddling the fence of allegiance, one member of a family going one way and another serving in the opposite camp. Young William was an enthusiastic partisan of the popular cause and had refused to take his father’s advice.

  There was only one man in that glittering cavalacde who had no arms or quarterings to show, William de Hardell, mayor of London. He was the first mayor to secure his elevation by popular election and the first also to introduce the trappings which would add so much to the dignity of the post, such as the ridings to Westminster. A bluff and hearty man, he sat his roan charger with ease and pride, being fully conscious of the fact that he represented more real power than any landed baron there.

  Most of the men at Runnymede had Norman names, but few if any of them lacked English blood. Few of them owned land in Normandy, few had crossed the Channel. Their thoughts were all of England. They swore Saxon oaths, they worshiped at Saxon shrines. And their concern that day was to compel the granting of a code of laws based on those of the Saxons and modeled on a charter which had been drawn up more than a century before on the insistence of a lovely Saxon princess.

  The negotiations were conducted on Charter Island where a fine pavilion had been raised for the purpose. It was clear from the first that the fight had gone out of the King. He agreed to the general content of the document, the forty-eight articles and the Forma Securitatis, before the end of the day. It is not true, however, as has often been assumed, that it was written and signed there and then. It took four days of hard work on the part of Saire de Quincy and Stephen Langton to draft it to the satisfaction of all.

  They realized, when the royal signature had been scrawled at the end, that it had been surprisingly easy. John had been listless, subject to sudden bursts of impatience, but always ready to concede a point when the barons insisted. It should have been easy enough to guess from his attitude that he was marking time and that, if his fortunes improved, he would not hesitate to break his word later. Langton was shrewd enough to see what was back of the King’s complaisance and to make up his mind to a watchful course thereafter.

  The leaders had not expected the negotiations to last so long and certain difficulties arose. Not enough food had been provided for as extended a stay, and after the first day the army contractors were out in all directions, bargaining for beef and mutton, and paying handsomely through the nose. At the opening it was a matter of pride for the barons to keep in their saddle in heavy steel under the blazing sun while their leaders sat around in the cool blue-and-gold pavilion and debated with the obese and glowering King of the realm. The second day it became tiresome. The knights dismounted, took from their heads the heavy steel covering called the chapel-de-fer, bawled to their squires to slosh them with cold water, and demanded to know among themselves what this cullionly King was doing. The third day many of them had discarded steel and were attired in coats of cuir-bouilli, a variety of leather which had been boiled in water until it had almost the resistance of metal but was both lighter and cooler. Some had even come out from their stifling tents without the awkward thigh coverings which made walking so difficult.

  On the fourth day it was suspected that nothing in the way of armor would have been found if the rich brocaded surcoats of the knights had been stripped off.

  It might have been hard to hold them all through four days of talk, in which they had no part, if the leaders had not been wise enough to arrange for a victory tournament to be held at Stamford after the signing of the Charter.

  4

  This is the Great Charter, Magna Charta, as it is generally called:

  John, by the grace of God King of England, to the archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, prevosts, ministers, and all his bailiffs and his lieges, greeting. Know ye, that we by the grace of God, and for the saving of our soul, and the souls of all our ancestors, and of our heirs, and for the honour of God, and the safety of holy church, and for the amendment of our government, by the advice of our honoured fathers, Stephen, archbishop of Canterbury, primate of all England, and cardinal of Rome; Henry, archbishop of Dublin, William, bishop of London, Peter, bishop of Worcester, William, bishop of Chester, Benedict, bishop of Rochester, and master Pandulph, sub-deacon of our Lord the apostle, and of our friend brother Anner, master of the order of knights templars in England; and by the advice of our barons, William, earl marshal earl of Pembroke, William, earl of Salisbury, William, earl of Warren, William, earl of Arundel, Alan of Galloway, constable of Scotland, Warin Fitz-Gerard, Peter Fitz-Herbert, Thomas Basset, Alan Basset, Philip d’Aubenie, Robert de Ropelee, John Marshal, and John Fitz-Hugh, and by the advice of other lieges:

  Have in the first place granted to God, and confirmed by this our present charter, for us and for our heirs for ever, That the churches of England shall be free, and shall enjoy their rights and franchises entirely and fully: and this our purpose is, that it be observed, as may appear by our having granted, of our mere and free will, that elections should be free (which is reputed to be a very great and very necessary privilege of the churches of England) before the difference arose betwixt us and our barons, and by our having confirmed the same by our charter, and by our having procured it moreover to be confirmed by our lord the apostle Innocent the third. Which privilege we will maintain: and our will is, that the same be faithfully maintained by our heirs for ever.

  III. We have also granted to all the freemen of our kingdom, for us and for our heirs for ever, all the liberties hereafter mentioned, to have and to hold to them and their heirs of us and our heirs. If any of our earls, our barons, or others that hold of us in chief by knight-service, die; and at the time of his death his heir be of full age, and relief be due, he shall have his inheritance by the antient relief; to wit, the heir or heirs of an earl, for an entire earldom, C. pounds; the heir or heirs of a baron, for an entire barony, C. marks; the heir or heirs of a knight, for a whole knight’s fee, C. shillings at most: and where less is due, less shall be paid, according to the antient customs of the several tenures.

  IV. If the heirs of any such be within and in ward, they shall have their inheritance
when they come of age without relief, and without fine.

  V. The guardians of the land of such heirs being within age, shall take nothing out of the land of the heirs, but only the reasonable profits, reasonable customs, and reasonable services, and that without making destruction or waste of men or goods.

  VI. And if we shall have committed the custody of the land of any such heir to a sheriff, or any other who is to account to us for the profits of the land, and that such committee make destruction or waste, we will take of him amends, and the land shall be committed to two lawful and good men of that fee, who shall account for the profits to us, or to such as we shall appoint.

  VII. And if we shall give or sell to any person, the custody of the lands of any such heir, and such donce or vendee make destruction or waste, he shall lose the custody, and it shall be committed to two lawful, sage, and good men, who shall account to us for the same, as aforesaid.

  VIII. And the guardian, whilst he has custody of the heir’s land, shall maintain the houses, ponds, parks, pools, mills, and other appurtenances to the land, out of the profits of the land itself; and shall restore to the heir, when he shall be of full age, his land well stocked, with ploughs, barns, and the like, as it was when he received it, and as the profits will reasonably afford.

  IX. Heirs shall be married without disparagement; insomuch, that before the marriage be contracted, the persons that are next of kin to the heir, be made acquainted with it.

  X. A widow after the death of her husband, shall presently and without oppression, have her marriage and her inheritance; nor shall give anything for her marriage, nor for her dower, nor for her inheritance, which she and her husband were seized of the day of her husband’s death; and she shall remain in her husband’s house forty days after his death; within which time her dower shall be assigned her.

  XI. No widow shall be compelled to marry if she be desirous to live single, provided she give security not to marry without our leave, if she hold of us, or without the lord’s leave of whom she holds, if she hold of any other.

  XII. We nor our bailiffs will not seize the lands or rent of a debtor for any debt so long as his goods are sufficient to pay the debt: nor shall the pledges be distrained upon whilst the principal debtor is able to pay the debt. But if the principal debtor have not wherewith to pay the debt, the pledges shall answer for it: and if they will, they shall have the lands and rents of the debtor till they have received the debt which they paid for him, if the principal debtor cannot shew that he is quit against his pledges.

  XIII. If any persons have borrowed money of Jews, more or less, and die before they have paid the debt, the debt shall not grow whilst the heir is under age; and if such debt become due to us, we will take no more than the goods expressed in deed.

  XIV. And if any die, and owe a debt to the Jews, his wife shall have her dower, and shall be charged with no part of the debt; and if the children of the deceased person be within age, their reasonable estovers shall be provided them, according to the value of the estate which their ancestor had; and the debt shall be paid out of the residue, saving the services due to the lord. In like manner shall it be done in cases of debts owing to other persons that are not Jews.

  XV. We will impose escuage* nor aids within our realm, but by the common council of our realm, except for our ransom, and for the making our eldest son a knight, and for marrying our eldest daughter once: and for these purposes there shall but a reasonable aid be required.

  XVI. In like manner shall it be done within the city of London: and moreover, the city of London shall have all her antient customs and liberties by land and water.

  XVII. We will moreover and grant, that all other cities, and boroughs, and towns, and ports, have, in all respects, their liberties and free customs.

  XVIII. And as for coming to the common council of the kingdom, and for assessing aids (except in the three cases aforesaid) and as for the assessing of escuage, we will cause to be summoned the archbishops, bishops, abbots, earls, and the greater barons, each in particular by our letters; and moreover, we will cause to be summoned in general, by our sheriffs, and bailiffs, all that hold of us in chief, at a certain day; to wit, forty days after at least, and at a certain place; and in our said letters we will express the cause of the summons. And when the summons shall be so made, business shall go on at the day assigned, by the advice of such as are present, though all that are summoned do not appear.

  XIX. We will not allow for the future, that any take aid of his freemen, but only to ransom his person, to make his eldest son a knight, and to marry his eldest daughter once; and for these purposes there shall but a reasonable aid be given.

  XX. None shall be distrained to do greater service for a knight’s fee, or for any other frank-tenement than what is due by his tenure.

  XXI. Common pleas shall not follow our court, but shall be held in a certain place.

  XXII. Recognizances of novel disseisin, mordancester, and darrein presentment, shall be taken no where but in their proper counties, and in this manner: We, or our chief justice (if ourselves be out of the realm) will send two justices through every county four times a year; who, with four knights of every county, to be chosen by the county, shall take the said assizes in the county, at a day when the county-court is held, and in a certain place: and if the said assizes cannot be taken upon that day, so many knights and free tenants of them that were present in the county-court that day, shall stay, as may give a good judgment, according as the concern may be greater or less.

  XXIII. A freeman shall not be amerced for a little offence, but according to the manner of his offence; and for a great offence he shall be amerced according to the greatness of his offence, saving his contenement; and so a merchant saving his merchandize; and a villain in like manner shall be amerced saving his wainage, if he fall into our mercy: and none of the said amercements shall be affeered, but by oath of good and lawful men of the vicinage.

  XXIV. An earl and a baron shall not be amerced but by their peers, and according to the manner of their offence.

  XXV. No clerk shall be amerced but according to his lay-fee, and in like manner as others aforesaid, and not according to the quantity of his churchliving.

  XXVI. No ville nor any man shall be distrained to make bridges over rivers, but where they antiently have, and of right, ought to make them.

  XXVII. No sheriffs, constables, coroners, nor other our bailiffs, shall hold the pleas of our crown.

  XXVIII. All counties, hundreds, wapentakes and tithings, shall be at the antient farms without being raised, except our own demesne mannors.

  XXIX. If any that holds of us a lay-fee die, and our sheriffs, or other our bailiffs shew our letters patents of summons for a debt which the deceased owed to us, our sheriff or bailiff may well attach and inventory the goods of the dead, which shall be found upon his lay-fee, to the value of the debt which the deceased owed to us, by the view of lawful men, yet so as nothing be removed till such time as the debt, which shall be found to be due to us, be paid; and the residue shall go to the executors to perform the testament of the dead: and if nothing be owing to us, all his goods shall go to the use of the dead, saving to his wife and children their reasonable parts.

  XXX. If any freeman die intestate, his goods shall be divided by the hands of his near kindred and friends by the view of holy church, saving to every one their debts which the dead owed them.

  XXXI. None of our constables, nor other our bailiffs shall take the corn, nor other the goods of any person without paying for the same presently, unless he have time given him by consent of the vendor.

  XXXII. Our constables shall distrain no man who holds by knight-service, to give money for castle-guard, if he has performed it himself in proper person, or by another good man, if he could not perform it himself for some reasonable cause: and if we lead him, or send him into the army, he shall be discharged of castle-guard for so long time as he shall be with us in the army.

  XXXIII. Our sheriff
s, our bailiffs, or others, shall not take the horses nor carts of any freeman to make carriage, but by leave of such freeman.

  XXXIV. Neither ourselves nor our bailiffs shall take another man’s wood for our castles, or other occasions, but by his leave whose wood it is.

  XXXV. We will hold the lands of such as shall be convicted of felony but a year and a day, and then we will restore them to the lords of the fees.

  XXXVI. All wears shall, from this time forward, be wholly taken away in Thames and Medway, and throughout all England, except upon the seacoast.

  XXXVII. The writ called Precipe henceforth shall be made to none out of any tenement, whereby a freeman may lose his court.

  XXXVIII. One measure of wine shall be used throughout our kingdom, and one measure of ale, and one measure of corn, to wit, the London quart. And there shall be one breadth of dyed cloths, russets, and haubergets, to wit, two ells within the lists: and concerning weights, it shall be in like manner as of measures.

  XXXIX. Nothing shall be given or taken henceforth for a writ of inquisition of life or member, but it shall be granted freely and shall not be denied.

  XL. If any hold of us by fee-farm, or by soccage, and hold likewise land of others by knight-service, we will not have the custody of the heir, nor of the land which is of the fee of another, by reason of such fee-farm, soccage, or burgage, unless such fee-farm owe knight-service.