A.D. 1282.—The King of England, encouraged by the aforesaid victory, and seeing a way open to him for the fulfilment of his desires, lest there should be any impediment to his carrying his wishes into effect, entered in triumph with his men the safe and secret hiding-place of the Welsh, to wit, the province of Snowdon; he held Easter in a monastery of Cistercian monks, called in their tongue Aberconway, and situated within the bounds of the aforesaid province. Then he was able to control, as master, the castles and fortified places, both within Snowdon and without, except a certain castle, called in their tongue Bere. Into this castle David, the brother of Llewellyn, who had fled before the King on learning of his coming, had in vain introduced a garrison, promising to send them speedy assistance, while he himself took refuge in secret and almost inaccessible woods and swamps. The castle itself was surrounded by an impassable marsh, and possessed no entrance except by narrow paths artificially constructed to overcome the natural difficulties of the ground. When the King found this out, he carefully closed up the entrances and exits and besieged the defenders so straitly that, giving up hope of any succour, they were compelled to surrender the castle and trust to the clemency of the King, who graciously granted them freedom of life and limb. Then the King, by a lavish distribution of gifts and presents, entered privily into an agreement with some of the natives who knew the hidden ways and secret retreats, and they, not without joy, compelled David to withdraw from his refuge, and surrendered him to the King, who sent him, as was only just, to be imprisoned, along with his wife and son, at Rhuddlan. This took place about the Feast of S. Botulf.... About Michaelmas, the King, summoning the nobles and mayors of the cities to meet him at Salisbury, held a Parliament, and caused David, who had been imprisoned at Rhuddlan, to be brought before him; and after consideration of his misdeeds, had him condemned to death, by advice of the magnates.
THE STATUTE OF WINCHESTER (1285).
Source.—Statutes of the Realm, vol. i., pp. 96-98.
I. Forasmuch as, from day to day, robberies, homicides, and arsons happen more frequently than they did in aforetime, and felonies cannot be attained by oath of jurors who more willingly suffer felonies done to strangers to pass without punishment than to indict the evil doers, since many of them are men of the same neighbourhood, or at least, if the malefactors be of another district, their receivers are of the neighbourhood; and this they do because a positive oath has never been put upon jurors nor upon the district where the felonies were committed for restitution of damages, and hitherto no punishment has been provided for concealment or overlooking; our lord the King, to abate the power of felons, has established a punishment in such cases, so that for fear of the punishment more than for fear of the oath, they should spare no one henceforth, and conceal no felony; and he commands that proclamation of this punishment be solemnly made in all counties, hundreds, markets, fairs, and other places, where people are wont to assemble, so that no one may excuse himself on plea of ignorance, and each county may henceforth be so properly guarded, that immediately after robberies and felonies fresh suit be made from town to town, and from district to district.
II. Likewise inquests shall be made, if need be, in towns by him who is lord of the town, and afterwards in hundreds and in franchises and in counties, and sometimes in two, three, or four counties, in those cases where felonies shall be done on the boundaries of counties, so that malefactors may be attainted. And if the district will not answer for the persons of such manner of offenders, the punishment shall be such that each district, that is to say, the people dwelling in the district, shall be answerable for the robberies done and the damages; so that every hundred where a robbery takes place, or the franchises which are within the precinct of the same hundred, shall be answerable for the robbery. And should the robbery take place on the boundary between two hundreds, both hundreds shall be answerable, together with the franchises they contain; and the district shall have no longer a term, after the committing of the robbery and felony, than forty days within which to give satisfaction for the robbery and for the offence, or to answer for the bodies of the evildoers.
III. And inasmuch as the King does not wish that people should be suddenly impoverished by this penalty, which may seem hard to some, he grants that it be not immediately enforced, but that respite be had until next Easter, and within that time he will take note how the district acts, and whether such robberies and felonies cease. After which term all may be assured that the aforesaid penalty shall be applied generally in this way, that every district, that is to say, the people dwelling in the district, shall be answerable for the robberies and felonies done in their district.
IV. And for the greater safety of the district, the King has commanded that in the great cities which are walled, the gates be closed from sunset to sunrise; and that no man shall take lodging in a suburb or in any place beyond the walls of a town, from nine of the clock until day, unless his host be willing to answer for him; and the bailiffs of towns every week, or at least every fortnight, shall make inquisition for people harboured in suburbs and outside the walls of a town; and should they find any that have harboured or received in any way people of whom it is suspected that they are against the peace, let them do right therein. And henceforth it is commanded that watches be made, as was formerly accustomed to be done, from Ascension to Michaelmas, in every city by six men at each gate; in every borough by twelve men, and in every town in the land by six men or four according to the number of people who dwell there; and they shall keep watch continually the whole night from the setting to the rising of the sun. And should any stranger pass, he shall be arrested until morning; and should no suspicion be found of him, he shall go free; but if there be suspicion, he shall straightway be handed over to the sheriff, who shall receive him without doing him bodily hurt, and shall keep him safely, until in due manner he be acquitted. And should such persons not suffer themselves to be arrested, hue and cry shall be raised after them, and those who keep the watch shall follow them with the whole town and the neighbouring towns, and hue and cry be made from town to town, until they be taken and handed over to the sheriff, as is above provided; and for the arrests of such strangers, no one shall be punished.
V. It is further ordained that the highways from one market town to another be widened, where there be woods, hedges, or ditches, so that there be no ditches, hedges, or bushes where a man may lurk to do hurt within two hundred feet on either side of the road; provided that this statute be understood not to extend to oaks or great trees, where it is clear underneath. And if through the fault of the lord, who shall be unwilling to destroy ditches, hedges, or bushes, as aforesaid, robberies take place, the lord shall be answerable; and if there be murder, the lord shall be fined at the will of the King; and if the lord be unable of himself to cut down the bushes, the district shall aid him. And the King wishes that in his demesne lands, and woods within forests and without, the roads be widened as aforesaid. And should there be by chance a park near the highway, the lord thereof shall diminish his park until it be two hundred feet from the highway, as aforesaid, or shall build such a wall, ditch, or hedge, that evildoers shall be unable to cross and recross to do evil.
VI. Further, it is ordained that every man have in his house arms to keep the peace according to the ancient assize; that is to say, that every man between the ages of fifteen and sixty be assessed and sworn to arms, according to the quantity of his land and chattels, as follows:—from a man with fifteen pounds worth of land, and chattels worth forty marks, a hauberk, an iron helmet, a sword, a knife, and a horse; from ten pounds worth of land and chattels worth twenty marks, hauberk, helmet, sword, and knife; from an hundred shillings of land, a doublet, iron helmet, sword, and knife; from forty shillings of land and beyond it up to an hundred shillings, sword, bow, arrows, and knife; and he with less than forty shillings of land shall be sworn to carry darts, knives, and other small arms; and he that hath less than twenty marks in chattels, shall carry swords, knives, and other small arms. And all others who can, out of the forests shall have bows and arrows, and within the forests bows and boults. And the view of armour shall be made twice a year; and in every hundred and franchise shall be elected two constables to make the view of armour; and the aforesaid constables shall bring to the notice of justices specially entrusted therewith, when they shall come into the district, such faults as they find in the view of armour, in suits, in watches, and in highways; and they shall present also such persons as harbour strangers, for whom they will not be answerable, in upland towns. And the said justices in every Parliament shall present such defaults to the King, and the King shall find a remedy therefor. And henceforth sheriffs and bailiffs, within franchises and without, greater or less, who hold any bailiwick or forest in fee or in any other manner, shall take care to follow the hue and cry with the district, and, as they are required, they shall have horses and armour to do so; and if there be any who do not, the defaults shall be presented by the constables to the justices, and by them to the King, as aforesaid. And the King commands and ordains that from henceforth fairs or markets be not held in cemeteries, for the honour of Holy Church.
Given at Westminster, on the last day of October, in the thirteenth year of the King's reign.