England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
[851] On the “misericordia regis pro forestâ,” as it is called
in the Pipe Rolls, see _Gesta Hen._ as above, pp. 92, 94; Rog.
Howden as above, p. 79; R. Diceto (Stubbs), vol. i. p. 402;
Stubbs, _Constit. Hist._, vol. i. p. 483; and the extracts from
the Pipe Rolls 22 and 23 Hen. II. (_i.e._ 1176 and 1177) in
Madox, _Hist. Exch._, vol. i. pp. 541, 542.
In the beginning of that year the king assembled a great council at
Northampton,[852] and thence issued an Assize which forms another
link in the series of legal enactments begun at Clarendon just ten
years before. The first three clauses and the twelfth clause of the
Assize of Northampton are substantially a re-issue of those articles
of the Assize of Clarendon which regulated the presentment, detention
and punishment of criminals and the treatment of strangers and
vagabonds.[853] The experience of the past ten years had however led to
some modifications in the details of the procedure. The recognition by
twelve lawful men of every hundred and four of every township, to be
followed by ordeal of water, was re-enacted; but the presentment was
now to be made not to the sheriff, but direct to the king’s justices.
The punishments, too, were more severe than before; the forger, robber,
murderer or incendiary who under the former system would have suffered
the loss of a foot was now to lose a hand as well, and to quit the
realm within forty days.[854] The remaining articles dealt with quite
other matters. The fourth declared the legal order of proceeding with
regard to the estate of a deceased freeholder, in such a manner as to
secure the rights of his heir and of his widow before the usual relief
could be exacted by the lord; and it referred all disputes between the
lord and the heir touching the latter’s right of inheritance to the
decision of the king’s justices, on the recognition of twelve lawful
men[855]--a process which, under the name of the assize of _mort
d’ancester_, soon became a regular part of the business transacted
before the justices-in-eyre. Some of the other clauses had a more
political significance. They directed the justices to take an oath
of homage and fealty to the king from every man in the realm, earl,
baron, knight, freeholder or villein, before the octave of Whit-Sunday
at latest, and to arrest as traitors all who refused it:[856]--to
investigate and strictly enforce the demolition of the condemned
castles;[857] to ascertain and report by whom, how and where the duty
of castle-guard was owed to the king;[858] to inquire what persons had
fled from justice and incurred the penalty of outlawry by failing to
give themselves up at the appointed time, and to send in a list of all
such persons to the Exchequer at Easter and Michaelmas for transmission
to the king.[859] The tenth article was aimed at the bailiffs of the
royal demesnes, requiring them to give an account of their stewardship
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