Magna Carta: A Commentary on the Great Charter of King John
(6): Fines and punishments.
20th Century William Sharp McKechnie EnglishFrequent exactions ground down the dwellers in royal forests to abject poverty. If they failed to attend one of the numerous inquisitions or to disclose the guilty poacher, they paid a fine. If they gave false information; sold or gave away timber; kept grey hounds or mastiffs, which had not been “lawed,” they paid a fine. If a bow or arrow were found in their keeping; if they committed any one of the numerous forms of waste or trespass, they paid a fine.
The Northampton Eyre Roll of 1209 illustrates how a township might suffer severely for no fault of their own. “The head of a hart recently dead was found in the wood of Henry Dawney at Maidford by the King’s foresters. And the forester of the aforesaid Henry is dead. And because nothing can be ascertained of that hart, it is ordered that the whole of the aforesaid town of Maidford be seized into the King’s hand, on the ground that the said Henry can certify nothing of that hart.” There was a strong inducement to find someone guilty.
In certain cases Henry II. would not accept a fine, but inflicted mutilation upon violators of the King’s monopoly. It was often better to kill a fellow–man than a boar or stag. Article 1 of the Assize of Woodstock announced that the full rigour of the laws would be enforced, as under Henry I., while article 12 laid down more definitely that sureties would only be accepted twice. For the third offence nothing would suffice save the body of the offender. John’s Magna Carta made no regulation on this head; but chapter 10 of the Carta de foresta in 1217 conceded that no one should henceforth lose life or limb for such offences. The culprit should lie in prison for year and day, and thereafter find sureties for his good behaviour, or be banished the realm.