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.
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.