The crusader’s privilege was not allowed by Langton and his fellow-arbitrators in cases where John himself had been the disseisor; the twenty-five executors might there decide forthwith. Respite was allowed, however, in respect of the disseisins of Henry and of Richard (except where legal proceedings were already pending).[[1017]] The Charter says nothing of the procedure to be adopted at the close of the three years; but there was probably no intention to depart from the terms of the Articles in this respect, namely, "judgment of peers in the king’s court."
John had good reason to consider as unfair the mode here appointed for deciding disputes as to disseisins effected by him. Many delicate points would thus be referred to the summary decision of a baronial committee, sure to be composed of his most bitter enemies—the very men, perhaps, whom he had dispossessed. If the “judgment of the twenty-five” meant for the barons “the judgment of peers,” it meant for the king the judgment of inferiors and enemies.[[1018]]
[1015]. The elongatus of the Charter replaces the prolongatus of the Articles of the Barons.
[1016]. That is, in the so-called “executive clause” the “forma securitatis ad observandum pacem” of the Articles, which became chapter 61 of the Charter (q.v.).
[1017]. This “benefit of a crusader” was extended to John in three other sets of complaints, specified in c. 53 (q.v.).
[1018]. This chapter embraced not merely estates still retained in John’s possession, but also those granted out anew, the titles of which had been guaranteed by the Crown. If the former owner recovered these, the Crown was legally bound by feudal law to make good the loss inflicted on the present holder by his eviction. The case of Welshmen is specially treated in c. 56 (q.v.).
CHAPTER FIFTY-THREE.
Eundem autem respectum habebimus, et eodem modo, de justicia exhibenda de forestis deafforestandis vel remansuris forestis, quas Henricus pater noster vel Ricardus frater noster afforestaverunt, et de custodiis terrarum que sunt de alieno feodo, cujusmodi custodias hucusque habuimus occasione feodi quod aliquis de nobis tenuit per servicium militare, et de abbaciis que fundate fuerint in feodo alterius quam nostro, in quibus dominus feodi dixerit se jus habere; et cum redierimus, vel si remanserimus a peregrinacione nostra, super hiis conquerentibus plenam justiciam statim exhibebimus.[[1019]]
We shall have, moreover, the same respite and in the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our brother afforested, and concerning the wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief which anyone held of us by knight’s service), and concerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things.