The Growth of Parliament and the War with Scotland (1216-1307)
History
The Growth of Parliament and the War with Scotland (1216-1307)
Great Britain -- History -- 13th century -- Sources; Great Britain. Parliament -- History -- To 1500
THE EARL OF WARRENNE'S TITLE TO HIS LANDS. (1278).
+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., p. 6. (English
Historical Society Publications.)
Not long afterwards, the King disturbed some of the nobles by demanding
to know, through his justices, by what warrant they held their estates;
and if they could not produce a good warrant, he straightway seized
their lands. Among others, the Earl of Warrenne was summoned to appear
before the King's justices. He, when asked by what warrant he held his
lands, produced an old and rusty sword, saying: "This, my lords, is my
warrant; for my ancestors came over with William the Bastard and
conquered their lands by the sword, and by the sword I shall defend them
from whoever shall desire to take them; for the King did not conquer and
subdue the whole country by himself, but our ancestors also took part
and assisted him." The other nobles, placing themselves on his side and
supporting his reasoning, departed in excitement and anger. But the
King, when he was informed, feared for himself, and desisted from his
mistaken course.
THE STATUTE OF MORTMAIN (1279).
+Source.+--_Statutes of the Realm_, vol. i., p. 51.
The King to his justices "de Banco," greeting.
Although it was previously ordained that ecclesiastics should not enter
on possession of the fees of others without the licence and permission
of the lords-in-chief, from whom these fees are directly held, yet
ecclesiastics have up to now continued to take possession of their own
fees as well as those of others, appropriating and buying them for
themselves, and sometimes receiving them by gift from others, as a
result of which the services due from such fees, which have been from
all time applied to the defence of the kingdom, are unjustly withdrawn,
and lords-in-chief lose their escheats; therefore we, wishing to provide
a proper remedy in the interest of the kingdom, hereby, with the advice
of the prelates, Earls, and other lieges of our council, provide,
decree, and ordain that no ecclesiastic or other person shall buy or
sell, or, under pretext of a donation, or lease, or other title
whatsoever, shall receive from anyone, or in any way appropriate, by
guile or craft, lands or tenements, in such a way that the said lands
and tenements may fall to the dead hand, under pain of forfeiture of the
same.
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