THE CONFIRMATION OF THE CHARTERS (1297).
Source.—Walter of Hemingburgh's Chronicle, vol. ii., pp. 147-151. (English Historical Society Publications.)
While such deeds were being wrought by the perfidious race of the Scots, those of the King's council who were with his son, seeing that great danger threatened not only the King in distant parts but the whole realm of England, urged the King's son, who was residing at London within the city walls for fear of rebellion, to request and require the Earl Marshal and the Earl of Hereford, who, as has been explained, had revolted from his father, to join him, in peace and love. So he sent letters, asking them to come to the Parliament which he was holding in the stead of his father at London on the tenth day of October. They acceded to the request of their new ruler and future Prince, and came on that day, though not defenceless, for they brought with them fifteen hundred horsemen and a great number of chosen foot-soldiers; they then refused to enter the city gates until they were allowed to station their own guards at each gate, in case, entering without weapons, they should be shut in like sheep in a fold. When this was granted them, they entered, and after much debate and deliberation, by the mediation of the venerable father, Master Robert of Winchelsea, Archbishop of Canterbury, of blessed memory, there was no other form of agreement than that the lord King himself should grant and confirm Magna Carta with certain additional articles, and the Charter of the Forest; and that he should promise to seek or exact in the future no aid or task from the clergy or people without the goodwill and assent of the Barons; and that he should set aside all bitterness against them and their associates. Finally, an agreement was drawn up in writing as follows:
I. Edward, by the grace of God, King of England, Lord of Ireland, and Duke of Aquitaine, to all who shall see or hear these present letters, greeting. Know that we, for the honour of God and of Holy Church, and for the good of our whole kingdom, have granted for ourselves and our heirs, that the Great Charter of Liberties and the Charter of the Forest, which were made by common assent of the whole realm, in the time of King Henry our father, shall be observed in every point without change. And we wish that these same charters be sent under our seal to our justices, both justices of the forest and others, and to all sheriffs of counties and to all our other officials, and to all our cities throughout the land, together with our writs, in which they shall be enjoined to publish the aforesaid charters, and to tell the people that we have granted them to be held in every point; and that our justices, sheriffs, mayors, and other officials who administer the law of the land under and through us, shall allow these charters in all their points in pleas before them and in judgments—that is to say, the Great Charter of Liberties as Common Law; and the Charter of the Forest according to the Assize of the Forest, for the betterment of our people.
II. And we wish that if any judgments be given henceforth against the provisions of the aforesaid charters, by justices and other officials of ours who hold pleas before them contrary to any point contained in the charters, they shall be undone and held as nought.
III. And we wish that these same charters under our seal be sent to the cathedral churches throughout our kingdom, and remain there; and that they be twice a year read before the people.
IV. And Archbishops and Bishops shall pronounce the sentence of great excommunication against all those who shall come against the aforesaid charters in act, in deed, or in counsel, or shall infringe or oppose them in any way; and such sentences shall be pronounced and published twice a year by the aforesaid prelates. And should the same prelates, or any of them, be negligent in making the aforesaid denunciation, they shall, as is fitting, be reproved by the Archbishops of Canterbury and York for the time being, and compelled to publish the denunciation in the form aforesaid.
V. And because the people in our kingdom fear lest the aids and tasks, which they have hitherto given us for our wars and our needs, of their own grant and their own free will, in whatever manner they have been made, may become a fixed service for them and their heirs, should they at some time be found in the rolls, and likewise prises that have been taken throughout the kingdom by our officials in our own name, we have granted for ourselves and our heirs, that we shall not turn into a custom such aids, tasks, and prises, for anything that may be done or hereafter found in the rolls or in any other manner.
VI. We have also granted, for ourselves and our heirs, to the Archbishops, Bishops, Abbots, Priors, and other people of Holy Church, as also to the Earls and Barons and the commonalty of the whole realm, that never for any need shall we take in our kingdom such manner of aids, tasks, and prises, except by common consent of the whole kingdom and to the common profit thereof, save the ancient aids and prises due and accustomed.
VII. And forasmuch as the greater part of the commonalty of the realm feel themselves sore grieved by the maletote of wool, that is to say, a tax of forty shillings on each sack, and have begged us to release the same, we have fully released it in answer to their request; and we have granted that we shall never take it nor any other, without their common assent and their good will; saving to us and to our heirs the custom on wool, skins, and leather, before granted by the commonalty of the realm aforesaid.
In witness whereof we have issued these letters patent. Witness Edward our son at London, on the tenth day of October, in the twenty-fifth year of our reign.
And be it remembered that this same charter in the same terms, word for word, was sealed in Flanders, under the great seal of the King, at Ghent, on the fifth day of November, in the twenty-fifth year of the reign of our aforesaid lord the King, and sent to England.