Ordinance of the Magnates, 1259

Partial transcript

Henry, by the grace of God, king of England, lord of Ireland, duke of Ireland, of Aquitaine, and count of Anjou, to all his faithful subjects, clergy and laymen, of the county of York, greeting. This is to make it known that our councillors, by common consent, and for the betterment and relief of the state of our realm, have granted, for themselves and their heirs, that they will always observe towards their subjects and their men the good laws and good customs which we, for ourselves and our heirs, have granted to our subjects: and they have drawn up their charter to this effect, which we have seen, in the following form.

‘The king’s council and the twelve elected by the community of England greet all men. Since our lord the king wishes and desires that swift justice be observed and done to all in common throughout his realm, and also wishes that whatever wrongs have been committed by his officers and by others in former times should be redressed, we will, grant, and offer, on our part, that all wrongs which we and our bailiffs have done to our subjects or to our neighbours shall be corrected by the king and by his justiciar, or by those whom he shall appoint for this purpose, without hindrance or opposition from us and ours. If what is found by complaint can properly be pleaded by writ according to the law of the land, such as freehold and anything pertaining to freehold, it shall be pleaded by writ as it should be, and in the customary place. And we will hinder no one by threats, nor by power, nor in any other manner, from freely making complaint of us and of our men, and from prosecuting his complaint of us and of our men, and from prosecuting his complaint, nor will we remember it against him, nor attempt any reprisal against him by reason of his complaints and prosecutions.

Moreover we will and have granted, for us and for our heirs, that the articles in the charter of liberties which the king has granted regarding himself and his officers, and to those who hold of him in chief, we will observe as regards ourselves towards our tenants and our neighbours, both in our demesnes and in our liberties. Moreover, whatever the king’s council has established or shall establish between now and All Saints’ next [November 1], regarding the king and his subjects, with respect to suit of court, amercements, wardships, socage, and his farms and other sorts of liberties, and anything else thereafter which shall be for the reform of the state of the realm, we will uphold it as between ourselves and our subjects, both we ourselves and our heirs. Moreover, that same oath which the king caused his sheriffs and his other officers to take, we will make our officers swear, both those of our demesnes and those of our liberties, in our full courts before the four knights elected in each county or any other persons appointed by the council to act as knights, on condition that our franchises and free customs shall in no wise be infringed, and that this cannot disinherit us or our heirs. And we will do this at every change of officials ; that is to say, they shall swear that they will loyally serve the king in what pertains to him and to his liberties, and us in what pertains to our franchises and demesnes ; and that they will do right commonly to all people, according to the powers vested in their offices ; and that they will not falter in this for fear, nor for affection, nor for hatred, nor for greed ; and that from no one will they take anything, either directly or indirectly, or by any kind of trick or device, by reason of their office, whereby justice is delayed or wrong done, saving only such food and drink as is customarily brought to table in a single day at most.

Full transcript taken from RE Treharne and I.J Sanders (eds), Documents of the Baronial Movement of Reform and Rebellion, 1258-1267 (Oxford, 1973).