THE PROVISIONS OF OXFORD (1258).

+Source.+--_Annals of Burton_, pp. 446-453. (_Annales Monastici_, vol.

i.--Rolls Series.)

It is provided that in every county there be elected four discreet and

lawful knights who shall meet, on the days when the county court is

accustomed to be held, to hear all complaints of transgressions and

injuries inflicted on anyone by sheriffs, bailiffs, or other officials,

and to make attachments in connection with the said complaints up to the

day of the arrival of the Chief Justiciar in the district; they shall

always attach sufficient pledges on behalf of the plaintiff about the

defendant and on behalf of the defendant about the plaintiff, to come

and fulfil the law before the aforesaid Justiciar on his arrival. And

the aforesaid four knights shall cause all the said complaints with

their attachments to be enrolled, duly and in order, those from each

hundred separately and by themselves, so that the aforementioned

Justiciar may, on his arrival, hear and determine the above-mentioned

complaints singly from every hundred. And they shall order the sheriff

to cause all the bailiffs and hundredmen to be present before the

Justiciar on his arrival on the day and at the place which he shall make

known to them; and every hundredman shall cause to appear all the

plaintiffs and defendants of his hundred, in order, according as the

Justiciar decides to hear the pleas from that hundred; and with them, as

many and such knights and other free and lawful men as may be best

fitting in order to ascertain the truth, provided that all the men of a

hundred be not disturbed at the same time, but only those come whose

cases may be heard and determined on the one day.

It is further ordained that no knight of the aforesaid counties be

excused from serving on juries and assizes on account of any royal

charter of acquittance, or be released from observance of this provision

made for the common good of the whole kingdom.

(Here follow the names of the twenty-four.)

The oath which the commonalty of England swore at Oxford:

We, so and so, make known to all men, that we have sworn on the Holy

Gospels and by our oath have bound ourselves together, and we promise in

good faith, each one of us and all together, to aid one another, both

ourselves and those belonging to us against all men, doing right, and

taking nothing that we cannot take without doing hurt, saving our faith

to the King and to the crown. And we promise, by the same oath, that no

one of us will take anything, either land or movables, by which this

oath may be disturbed or in any way impaired. And should any go against

this, we will hold him a mortal enemy.

This is the oath of the four-and-twenty:

Each one swore on the Holy Gospels, that, looking to the honour of God,

and the faith of the King, and the good of the realm, he would ordain

and treat with the aforesaid sworn men regarding the reformation and the

amendment of the state of the kingdom; and that neither for gift, nor

promise, nor love, nor hate, nor fear of anyone, nor gain, nor loss,

would he cease loyally to act according to the tenor of the letter,

which the King and his son had granted for this purpose.

The oath which the Chief Justice of England swore:

He swears that he will perform well and lawfully, so far as lies in his

power, whatever duties belong of right to the Chief Justice, toward all

men, with a view to the profit of the King and kingdom, in accordance

with the provision made and to be made by the twenty-and-four, and by

the counsel of the King and nobles of the land, who will swear in these

things to aid and support him.

The oath of the Chancellor of England:

That he will seal no writs, saving writs of course, except by command of

the King and those of his council who shall be present; and that he will

seal no gift of a great wardship, or of escheats, without the consent of

the Great Council, or the majority thereof; and that he will seal

nothing which is contrary to the provision made and to be made by the

twenty-and-four or the greater part of them. And that he will take no

fee greater than what is given to others; and he shall be given a

companion in the form which the council shall provide.

The oath which the guardians of the castles took:

That they will keep the King's castles loyally and in good faith for the

use of the King and his heirs; and that they will give them up to the

King and his heirs and to no other, and according to his council and in

no other manner, that is to say by honest men of the land elected to his

council, or by the greater part thereof. And this form by writ lasts for

twelve years. And thereafter there shall be no constraint in this

ordinance or in this oath, to prevent them freely giving them up to the

King or his heirs.

(Then follow the names of the King's council, of the twelve, and of the

twenty-four.)

Concerning the state of Holy Church:

Be it remembered that the state of Holy Church shall be amended by the

twenty-and-four chosen to reform the state of the kingdom of England,

when they shall have time and opportunity, in accordance with the power

granted them for this purpose by the letter of the King of England.

Concerning the Chief Justice:

Either one or two justices shall be appointed; what power they shall

have is to be determined on; they shall hold office only for a year. And

at the end of the year they shall answer for their term of office before

the King and his council and their successors.

Concerning the Treasurer and the Escheator:

Similarly concerning the Treasurer. He shall render account at the end

of the year. And other good men shall be placed at the exchequer as the

twenty-four shall ordain. And there, and nowhere else, shall come all

the revenues of the land; and what shall seem to them to require

amendment shall be amended.

Concerning the Chancellor:

Similarly with regard to the Chancellor. He shall answer for his term of

office at the end of the year; and he shall seal nothing out of course

at the desire of the King alone, but at the command of the council which

shall be around the King.

Concerning the power of the Justice and the bailiffs:

The Chief Justice has power to amend the wrongs done by all other

justices and bailiffs, counts, barons, and all other men, according to

the law and justice of the land. And writs shall be pleaded according to

the law of the land and in the proper places. And the Justice shall take

no presents except of beer, and wine, and such things, that is to say,

meat and drink, such as have been accustomed to be brought to the tables

of the chief men for the day. This shall be understood to apply also to

all the councillors of the King and all his bailiffs. And no bailiff by

occasion of any plea, or of his office, shall take any fee in his own

hand, or by the hand of another, in any manner. If he be convicted, he

shall be punished, and he that gives likewise; and if it be possible,

let the King give so much to his justice and his servants that they have

no need to take anything from anyone.

Concerning sheriffs:

There shall be appointed as sheriffs, loyal and honest men, who are

landholders; so that in each county there shall be a vavasour[19] of the

same county as sheriff, who shall treat the people of the county well,

loyally, and rightly. And he shall take no fee, and shall not be sheriff

for more than a year at a time; and he shall render his accounts to the

exchequer, and answer for his term of office. And the King shall grant

to him out of his own,[20] according to the amount of revenue he

collects, sufficient to enable him to guard the county rightfully. And

he shall take no fee, neither he nor his bailiffs. And if they be

convicted, they shall be punished.

Be it remembered that such amendment is to be applied to the Jewry, and

to the guardians of the Jewry, that the oath to them may be observed.

Concerning escheators:

Good escheators shall be appointed. And they shall touch none of the

goods of the dead, of such lands as ought to be in the hand of the King.

But if debts be due to the King, the escheators shall have free

administration of the goods, until they have carried out the commands of

the King. And this shall be done according to the form of the Charter of

Liberty. They shall enquire concerning the wrongs that escheators have

done in aforetime, and amends shall be made. And they shall make no

talliage or other exaction except as provided by the Charter of Liberty.

The Charter of Liberty shall be firmly observed.

Concerning the Exchange of London:

Be it remembered to amend the Exchange of London, and the City of

London, and all other cities of the King, which have suffered waste and

destruction by talliages and other oppressions.

Concerning the place of reception of the King and Queen:

Be it remembered to amend the place of reception of the King and Queen.

Concerning the Parliaments, how many shall be held in each year, and in

what manner:

Let it be remembered that the twenty-four have ordained that three

Parliaments shall be held each year, the first a week after Michaelmas,

the second on the day after Candlemas, and the third on the first day of

June, that is to say, three weeks before Midsummer's Day. To these three

Parliaments shall come the elected councillors of the King, even if they

be not sent for to review the state of the land and to treat of the

common needs of the kingdom and the King. And at other times, when need

be, they shall meet on the command of the King.

Let it be remembered that the commonalty shall elect twelve honest men,

who shall come to the Parliaments, and at other needful times, when the

King and his council shall send for them to treat of the needs of King

and kingdom. And the commonalty shall treat as established whatsoever

these twelve shall ordain, and this shall be done to avoid expense to

the commonalty.

Fifteen shall be named as the King's council by the following four, to

wit--the Earl Marshal, the Earl of Warwick, Hugh Bigot, and John Mansel,

who are elected by the twenty-four to name the above-mentioned fifteen.

And their appointment shall be confirmed by the twenty-four or the

greater part of them. And they shall have power to advise the King in

good faith concerning the government of the kingdom and all matters

pertaining to King and kingdom; and to amend and put to rights all

things which they shall see require redress and amendment. And they

shall have control over the Chief Justice, and over all other men. And

should they not all be able to be present, what the majority ordains

shall be settled and established.

(Then follow the names of the principal castles of the King and of their

custodians.)

[19] A vassal, holding not immediately from the Sovereign, but from some

great lord.

[20] The hereditary revenue of the crown, as distinct from taxation.

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