Richard and John had a complex relationship. When Richard was imprisoned, John claimed the throne but Richard appointed Hubert Walter as archbishop instead. Richard later returned and pardoned John. As king, Richard established coroners and fixed royal revenues. The Magna Carta established liberties for the church, citizens, and barons. It limited feudal payments and established due process. It allowed barons to resist the king through force if liberties were denied. The charter was subsequently reissued and became an important foundation for rights in later centuries.
1. Richard and John
‘Foul as it is, Hell itself is made fouler by the presence of John’
Comment reported by Matthew Paris
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
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. 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
6. Coroners - Duties
• Anything that might benefit the Crown
– Suicides
– Fires
– Shipwrecks
– Buried treasure
• Murdrum
– Presumptions of Normanry or Englishry
7. Richard – The Royal We
Henry 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. Richard – Laws
Hubert Walter
• 1197 Forest Assize – Disafforestation and
heavy fines
• 1197 Assize of Weights and Measures
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
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 L'Épau, Le Mans
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. John
• Victim of bullying?
• Put down as Lackland
• Paranoia
• Overly fond of jewelry
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
king's court in Normandy and sent to England
in the usual way in the summer of 1201.
17. Treasuries
• Winchester – Exchequer
– Revenues and expenses accounted for in the pipe
rolls
• Cash accumulations
– Castles
– Chamber
18. Special tax collections
1202 Fifteenth, customs duty on
imports/exports
1203 Seventh, a tax at the rate of 1s 6d on each
mark of the value of movables
1207 Thirteenth, a tax at the rate of 1s. on each
mark of the value of movables
1210-13 Interdict revenues, seizure of revenue
from churches and monasteries
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
24. 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)
25. 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.
26. 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
27. 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.”
28. Magna Carta and Feudal Fees
Inheritance
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. Runnymede Charter – Wales, etc.
• Restoration of land taken from Welsh (57)
• Return of Welsh and Scottish hostages (58,59)
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. Magna Carta – Debts
Land
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. 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)
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. 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.
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. Isabella of Angoulême
• Married at 12
• Two unhappy marriages
– John, 5 children’ Hugues Lusignan, 9 children
• Considered harsh but forceful
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.