POLITICAL HISTORY 



Bek failing to appear before the justices at Newcastle and prove his right 

 to these privileges, the temporalities of the bishopric of Durham were seized 

 into the king's hands. Bek then appealed, and the case was heard before the 

 king and council in Parliament at London, when, on the ground that no 

 proclamation had been made as required by the Statute of Gloucester (the 

 proclamation by the sheriff of Northumberland not affecting the bishop of 

 Durham's liberty), the judgement was revoked and cancelled, and the liberties 

 restored. 187 Thus ended Bek's first contest with the crown. 



At the same period Bek was engaged in a contest with his metropolitan, 

 whose messengers, bearing official letters of citation and canonical mandates, 

 were imprisoned by the bishop's officers. 1 * 8 



The archbishop of York promptly excommunicated Bek, who appealed 

 to Parliament, and it is in connexion with this appeal that counsel for the 

 king remarked that ' Episcopus Dunelmensis habet duos status videlicet status 

 episcopi quoad spiritualia et status comitis palatii quoad tenementa sua 

 temporalia.' "* 



For having excommunicated a lay baron without the king's leave the 

 archbishop was fined 18 4,000 marks. Some years elapsed ere Bek entered 

 on his great struggle with the convent and the men of the Palatinate, which 

 was only ended by the king's intervention. Meanwhile the Scottish war 

 of independence had broken out, and Balliol's extensive estates were added 

 as forfeitures to swell the episcopal revenue. Though the Palatinate did 

 not suffer invasion during this period the invading force of 1296 retiring 

 after it had reached Hexham the demands made for men, money, and 

 carriage caused great distress in the district which had so long enjoyed the 

 benefits of peace. The exaction of a second term of military service in 

 Scotland led to rebellion. When led by the bishop into Scotland the men 

 of the Palatinate returned home, and, as has been before mentioned, were 

 later imprisoned as deserters. 181 The bishop was then engaged in a struggle 

 with the prior and convent of Durham, and Ralph Neville and John 

 Marmaduke, two of the principal men in the bishopric, taking advantage 

 of the occasion, induced nearly all the knights and freeholders to revolt, 

 saying that they were Haliwerfolk who held their lands for the defence 

 of St. Cuthbert's body, and were under no obligation to serve beyond the 

 Tyne or Tees either for the king or the bishop. 1 " The bishop's tenants 



at Barnard Castle had market, fair, pillory, tumbrel, gallows, infangenethcf, chattels of felons condemned 

 in his court, and free chase and free warren ; Agnc; de Valence, who at Gainford had gallows and 

 infangenethef, chattels of felons condemned in her court and free warren ; Robert Brus, who at Hartlepool 

 had market and fair, amendment of assize of bread and ale broken, all liberties which to a market and fair 

 pertained, and port of sea, keelage, and prises of fish ; John of Greystok, who at Coniscliffe had gallows and 

 infangenethef, chattels of felons condemned in his court, and free warren. In addition the following 

 had free warren : Ralph Neville at Brancepeth, Robert de Hilton, Wychard de Charron, John Marmaduke, 

 Henry de Lisle, Walter de Wissingdon, and John de Gildeford ; Placita Jt Quo H'arranto (Rec. Com.), 

 604. It is of interest to note that with the exception of the prior and the rights of free warren all 

 these franchises are within the wap.-ntake of Sadberge. 



" Ryley, Placita Parlamentaria, 1 74. 



'" Ryley, op. cit. 135 ; Letters from Northern Regiiten (Rolls Ser ), 97. The actual point taken was that 

 the archbishop's officials were imprisoned in the castle at Durham which pertained to the bishop's barony 

 (' castrum quod est pcrtincns ad baroniam ') by the bishop's lay officials, and that therefore the act was done 

 by the bishop in his temporal and not. in his spiritual capacity. 



" Ibid. '" Ibid. U1 See p. 149. 



" Graystanes, Serif t. Trei. (Suit. Soc.), 76 ; Lapsley, op. cit. 128 seq. Haliwerfolk originally meant a 

 tract of country lying to the north of the Tees. In the smaller chartulary, thirteenth century, in the treasury 

 at Durham, the rubric ' Ghana de Haliwerfole ' includes territory between the rivers Tyne and Tees, BcJling- 



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