Introduction

Summary

In every century, its level of civilisation and certain sides of its life can best be grasped by a study of its legal records. In the middle of the thirteenth century the principles which then governed the rights to landed property were ill-defined and imperfectly understood; might often overbore right, and called for remedy; the powers and duties of lower Courts were not always fitly exercised; crime and violence were rife. To deal with such conditions, Eyres’ to the country towns were made from time to time by the King's Justices. Our Roll has been the more easily understood, because about its date a great lawyer, Henry de Bracton or Bratton (d. 1268), had codified the legal principles and procedure of his period, carrying on the work of his great predecessor Ranulf de Glanville (d. 1190). These principles have been searchingly expounded by legists, and their application analysed in published Eyres for other counties. The introduction to this Roll, however, tries to give some idea of what actually happened before during and after the session, stressing its mechanism and procedure rather than legal principles; the result, it must be confessed, is disappointingly small, but at least it calls notice to gaps in our knowledge.

On the Close Roll for 25 May 1247 is entered3 a commission to Roger de Thurkelby and his fellows “ of the Common Council of the King,” to hear all pleas in the counties of Northampton Rutland Bedford Buckingham and seven others. They were to open their Eyre at Northampton on 25 June, and themselves to decide whether they would begin the Bedford session on 30 September or not; the King would then issue writs of the ‘ common summons ‘ according to what they should let him know.

Thurkelby the leader of the Eyre (d. 1259) had a great reputation for knowledge of the law; his fellows were John de Cobham (d. 1250), Simon de Walton (later bishop of Norwich, d. 1266), and Gilbert de Preston (later Chief Justice, d. 1274); of these men, the last two sat at Dunstable on 29 and 30 September, being entertained there by the Prior at his charges.