Richard and John

‘Foul as it is, Hell itself is made fouler by the presence of John’Comment reported by Matthew Paris

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

Richard in Prison

Gustav Dore

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

Richard – Laws Hubert Walter

• Fixed annual fee from sheriffs• 1194 Coroners (‘crowners’ Hamlet V, i)

(custodes placitorum coronae)"In every county of the king's realm shall be elected three

knights and one clerk, to keep the pleas of the crown”

• Royal Edict of 1195– Obligation to deliver criminals

Coroners - Duties

• Anything that might benefit the Crown– Suicides– Fires– Shipwrecks– Buried treasure

• Murdrum– Presumptions of Normanry or Englishry

Richard – The Royal We

Henry IIKnow 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 IKnow 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].

Richard – LawsHubert Walter

• 1197 Forest Assize – Disafforestation and heavy fines

• 1197 Assize of Weights and Measures

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

Richard in Normandy

• Regain territory from Philip• 1199 Wounded at Chalus

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 L'Épau, Le Mans

Berengaria

Richard’s BurialFontevrault

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

John

• Victim of bullying?• Put down as Lackland• Paranoia• Overly fond of jewelry

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 king's court in Normandy and sent to England in the usual way in the summer of 1201.

Treasuries

• Winchester – Exchequer– Revenues and expenses accounted for in the pipe

rolls• Cash accumulations– Castles– Chamber

Special tax collections

1202 Fifteenth, customs duty on imports/exports1203 Seventh, a tax at the rate of 1s 6d on each mark of the value of movables1207 Thirteenth, a tax at the rate of 1s. on each mark of the value of movables1210-13 Interdict revenues, seizure of revenue from churches and monasteries

Interdict

Permit• Baptism and confessions of dying Forbid• Mass, marriage, burial on Church land

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

Excommunication

• Frees subject from necessity of loyalty• Frees Philip Augustus to attack under guise of

a Crusade

Pipe roll revenues

1212 SourcesFarm Demesne Eyre Judicial Feudal Scutage

3,455 6,831 3,029 1,728 6,219 353

Tallage Forest Jews Misc Debt17 3104 207 1924 8522

Runnymede Charter - freedoms

• Church (1). . . the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable• City of London (13; 9, 1225)The City of London shall have all the old Liberties and Customs which it hath been used to have. • Village or individual from being forced to build

a bridge (23)

Justice (39; 29, 1225 Charter)

NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

Magna Carta – Law and Revenues

Legal 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

Magna Carta - takings

No taking of corn without compensation (28)Horse and carts (30)Wood for castles and other buildings (31)“All kydells for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore.”

Magna Carta and Feudal Fees

InheritanceFixed fees (2): Earl £100; baron, £100 for a whole barony; knight, 100sUnderage – no relief (3)Duties of guardians (4,5)

MarriageRights of heirs (6)Rights of widows (7,8)

Runnymede Charter – Wales, etc.

• Restoration of land taken from Welsh (57)• Return of Welsh and Scottish hostages (58,59)

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

Magna Carta – Debts

LandNo seizure if “chattels of the debtor are sufficient to repay the debt” (9)

Debts to JewsNo interest for underage heirs (10)Dower of widow and necessaries of children outside the debt (11)

Magna Carta - Assessments

No ”scutage or aid shall be imposed on our kingdom, unless by common counsel of our kingdom except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter” (12)Similar rule for landlords (16)

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 . . .

Distribution

Writ required sheriffs and other royal officials in their 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.

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)

Isabella of Angoulême• Married at 12• Two unhappy marriages– John, 5 children’ Hugues Lusignan, 9 children

• Considered harsh but forceful

John’s Tomb