The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
The Fitzwalters are said to have come over with the Conqueror, and to
have been invested with the soke before mentioned by his favour and in
requital of their services. That the family had at one time
extraordinary rights in the City of London is shown by the evidence of
the Patent Rolls, from which we learn that in the third year of Edward
I. (1275) Robert Fitzwalter received licence from the Crown to transfer
Baynard Castle, "adjoining the wall of the City, with all walls and
fosses thereunto pertaining, as also the Tourelle called Montfichet," to
Robert Kilwardley, Archbishop of Canterbury, for the purpose of founding
the House and Church of the Friars Preachers--"provided always that by
reason of this grant nothing shall be extinguished to him and his heirs
which to his Barony did belong, but that whatsoever relating thereto, as
well in rents, landing of vessels, and other franchises and privileges
in the City of London or elsewhere, without diminution unto him the said
Robert, or to that Barony, have recently belonged, shall henceforth be
reserved."
This Robert was the son of Walter Fitzwalter and grandson of his more
illustrious namesake, the Marshal of the Army of God and Captain of the
Barons in the days of King John; and it may be noted in passing that
either to the last-named or his son Walter, as lord of Dunmow in Essex,
has been ascribed the institution of the Flitch. Thirty years after the
sale of his patrimonial estate Robert Fitzwalter, in 1303, recited and
claimed his services "and franchises" before Sir John le Blount, Warden
of the City; and as late as 1321, as shown by the "Placita de Quo
Warranto," the Justiciars of the Iter were inquiring into the claims of
Fitzwalter in relation to the City of London. One of his rights he was
prepared to waive--namely, that of drowning traitors at Wood-wharf. The
Justiciars refused to take cognizance of the matter, but the Fitzwalters
did not soon or easily abandon their demands, which were renewed by
John, grandson of Robert Fitzwalter, in 1347. On the feast of St.
Matthew in that year it was announced to the Mayor, Aldermen, and
Citizens in Common Council "that John, Lord Fitzwalter, claims to have
franchises in the Ward of Castle Baynard wholly repugnant to the
liberties of the City, and to the prejudice of the estate of his
lordship the King, and of the liberties of the City aforesaid. For now
of late he has made stocks for imprisonment of persons in the said Ward
and [has claimed] to make deliverance of persons imprisoned." Thereupon
it was agreed "that the said John had no franchise within the liberties
of the City aforesaid, nor was he in future to intermeddle with any
pleas holden in the Guildhall of London or with any matters touching the
liberties of the City."
Public-domain text, read in full here on John Shaqi.
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