ently belonged, shall henceforth be
reserved."
This Robert was the son of Walter Fitzwalter and grandson of his more
illustrious namesake, the Marshal of the Army of God and Captain of the
Barons in the days of King John; and it may be noted in passing that
either to the last-named or his son Walter, as lord of Dunmow in Essex,
has been ascribed the institution of the Flitch. Thirty years after the
sale of his patrimonial estate Robert Fitzwalter, in 1303, recited and
claimed his services "and franchises" before Sir John le Blount, Warden
of the City; and as late as 1321, as shown by the "Placita de Quo
Warranto," the Justiciars of the Iter were inquiring into the claims of
Fitzwalter in relation to the City of London. One of his rights he was
prepared to waive--namely, that of drowning traitors at Wood-wharf. The
Justiciars refused to take cognizance of the matter, but the Fitzwalters
did not soon or easily abandon their demands, which were renewed by
John, grandson of Robert Fitzwalter, in 1347. On the feast of St.
Matthew in that year it was announced to the Mayor, Aldermen, and
Citizens in Common Council "that John, Lord Fitzwalter, claims to have
franchises in the Ward of Castle Baynard wholly repugnant to the
liberties of the City, and to the prejudice of the estate of his
lordship the King, and of the liberties of the City aforesaid. For now
of late he has made stocks for imprisonment of persons in the said Ward
and [has claimed] to make deliverance of persons imprisoned." Thereupon
it was agreed "that the said John had no franchise within the liberties
of the City aforesaid, nor was he in future to intermeddle with any
pleas holden in the Guildhall of London or with any matters touching the
liberties of the City."
Probably this resolution served as a quietus of the efforts of the
Fitzwalters to establish or re-establish the right of jurisdiction over
the citizens of London. It seems likely that these were endeavours to
reinstitute ancient privileges rather than to create new. The document
in the "Liber Custumarum," used in support of the claims of Robert
Fitzwalter in 1303, contains a reference to the Friars Preachers, which
would lead to the supposition that it was drawn up at the time; but
Riley believes that it was remodelled, perhaps only to the extent of
this interpolation, and that otherwise it was a copy of an earlier
pronouncement pertaining to the days of the first Robert Fitzwalter, who
would have
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