Bracton: Thorne Edition: English. Volume 4, Page 296

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Volume 4, Page 296

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[001] to treat generally of the common welfare of the whole kingdom, on several articles
[002] touching the king and the kingdom, there was discussion, among other matters, of
[003] this objection of bastardy, that is, whether one born before espousals or marriage
[004] could be taken to be as legitimate as one born after marriage. To that all the bishops
[005] said that all those born before espousals or marriage were as legitimate as those born
[006] after marriage in the eyes of God and the church, and that they neither wished to nor
[007] could answer, without prejudice to their ecclesiastical dignity, to a writ for the
[008] taking of an inquest as to bastardy so objected, [nor] send word to the lord king in
[009] that way, whether before or after, because that would be, as they said, to the prejudice
[010] of Holy Church; but they asked the king and the magnates to give their
[011] consent to this: that those born before marriage should in all respects be as legitimate
[012] as those born after. And all the earls and barons, as many as there were, answered
[013] with one voice that they did not wish to change the laws of England which had
[014] hitherto been used and approved.] [Afterwards, indeed, on the Thursday next after
[015] the feast of St. Denys in the same year,¹ before the lord king himself and those whose
[016] names are written below, a council having been convoked, it was provided and
[017] granted by the lord king himself in the presence of the venerable father Edmund
[018] archbishop of Canterbury, Ralph bishop of Chichester, chancellor of the lord king,
[019] Richard bishop of Durham, Hugh bishop of Ely, the bishops of Norwich, London,
[020] Bath, Exeter, Carlisle, Hereford and Rochester, and also before the earls below
[021] written, Richard earl of Cornwall and Poitou, Gilbert the Earl Marshal, John earl of
[022] Lincoln, William earl of Warenne, John earl of Chester, William earl of Ferrers,
[023] Thomas earl of Warwick, Hubert earl of Kent, H. de Vere earl of Oxford, H. earl of
[024] Hereford, Simon de Montfort earl of Leicester, and also before the barons below
[025] written, Ralph de Toni, Philip de Albiny, Ralph son of Nicholas, Herbert son of
[026] Matthew, John Marshal, Geoffrey de Lucy, Richard de Argenten, Hugh Dispencer,
[027] William de Say, William Bardolf, William de Cantilupe the elder and William the
[028] younger, Richard Siward, Godfrey de Crancumbe, Amaury de St. Amand, Bertram
[029] de Curiel, Engelard de Cygoyny, Robert de Mucegros, Baldwin de Paunton, Herbert
[030] de Lucy, Richard son of Hugh and many others, then being present there, that

Notes

1. The 18th year: Thursday, Oct. 12, 1234; B.N.B., no. 1117