The King to the Sheriff of Gloucester, greeting.
We firmly enjoin you to compel without delay all the men in your bailiwick who have twenty librates of land, or a complete knight's fee of the annual value of twenty pounds, and who hold from us in chief and ought to be knights, but are not, to receive from us the arms of a knight before or at the approaching Festival of Christmas; further, you are to compel without delay all those in your bailiwick who have twenty librates of land, or a complete knight's fee of the annual value of twenty pounds, from whomsoever they hold, and who ought to be knights, but are not, similarly to receive the arms of a knight at or before the same festival; take care to exact good and sufficient security from them, and cause their names to be inscribed on a roll in the presence of two lawful men of the aforesaid county, and have the roll, with your seal and those of the two knights appended, transmitted to us without delay. We further desire you to know that we shall cause strict examination to be made of your conduct in the execution of this mandate, and shall cause fitting punishment to be given.
Witness the King at Westminster on the XXVI. day of June.
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.