Our Legal Heritage Part 30

16. Osbert Church accused of the death of Roland, son of Reginald of Kennel, on the appeal of the said Reginald, was detained in gaol and defends word by word. And Reginald offers proof by the body of a certain freeman, Arkald, who has his [Reginald's] daughter to wife, who is to prove in his stead, since he has pa.s.sed the age of sixty. Osbert Church defends all of it. The knights of the hundred of Penwith say that they suspect him of the said death. The knights of kerrier [hundred]

say the same. The knights of Penwith [hundred] say the same. The knights of Pyder [hundred] say the same. Judgment: let him purge himself by water, and Reginald is in mercy, for he does not allege sight and hearing, and because he has withdrawn himself, and put another in his place, who neither saw nor heard and yet offered to prove it, and so let both Reginald and Arkald be in mercy. Osbert is purged by the water.

Osbert's pledges: Henry Little, Henry of Penant, Ossulf Black, Roger of Trevithow, John of Glin, Ralph of Trelew.

17. Roger of Wick [was] appealed of the death of Brictmer by the appeal of Hawise, Brictmer's wife, and was captured in flight, as say John of Winielton and Ralph of Mertherin, but the flight is not testified by the hundred. Kerier [hundred] says the same. Penwith [hundred] says the same. So is considered that he purge himself by water. He is purged.

Roger's pledges: Ralph of Trelew, Ogier of Kurnick, Richard, Simon's son, Alfred Malvoisin, Everwin of Lande, John of Kewerion, Warin of Tiwardeni, Baldwin Tirel, Roger of Trevithow, John of Glin, William of Dunham, Thomas, Osbert's son.

18. Richard, William's son, appealed Luke, Richard's son, and William, the servant of Alan Clerk, of robbery and of binding him. The appellees have not come nor essoined themselves. The county together with the wapentake says that they were appealed, not of the king's peace, but of the sheriff's peace, so that the suit was and is in the county [court], and therefore they were not attached to come before the justices.

Therefore the jurors are in mercy for presenting what they ought not to have presented.

19. William, Hawise's son, appeals Richard, son of Robert of Somercotes, for that he came in the king's peace to his house at Somercotes, and broke his house and robbed him of.[an abrasion] s.h.i.+llings, and a cape and surcoat, and twenty-five fowls, and twenty s.h.i.+llings worth of corn [grain], and wounded him in the head with the wound that he shows; and this he offers to prove against him as the court shall consider etc. And Richard comes and defends the breach of the king's peace and the housebreaking, wounding and robbery, but confesses that he came to a certain house, which William a.s.serts to be his [William's], as to his [Richard's] own proper house, which escheated into his hand on the death of Roger his villein, and there he took certain chattels which were his villein's and which on his villein's death were his [Richard's] own: to wit, five thraves of oats, thirteen sheaves of barley, and twenty-five fowls; and he offers the king twenty s.h.i.+llings for an inquest [to find] whether this be so or no. And William says that Richard says this unjustly, for the said Roger never had that house nor dwelt therein, nor were those chattels Roger's, but he [William] held that house as his own, and the chattels there seized were his. The jurors being questioned whether Roger did thus hold the house of Richard in villeinage, say, Yes. Also the coroners and the whole county testify that [William] never showed any wound until now; and the wound that he now shows is of recent date. Therefore it is considered that the appeal is null, and let Richard go quit, and William be in mercy for his false claim. Pledges for the amercement, Gilbert, Robert's son, and Richard, Haldeng's son.

20. Astin of Wispington appeals Simon of Edlington, for that he wickedly and in the king's peace a.s.saulted him in his meadows and put out his eye, so that he is maimed of that eye; and this he offers to prove etc.

Simon comes and defends all of it word by word. And the coroners and the county testify that hitherto the appeal has been duly sued, at first by [Astin's] wife, and then by [Astin himself]. Judgment: let law be made, and let it be in the election of the appellee whether he or Astin shall carry the iron. He has chosen that Astin shall carry it. Astin has waged the law. Simon's pledges, William of Land and his frankpledge and Ralph of Stures. Astin's pledges, Roger Thorpe, Osgot of Wispington, and William, Joel's brother. Afterwards came [the appellor and appellee] and both put themselves in mercy.

21. Gilbert of Willingham appeals Gilbert, Geoffrey's son, for that he in the king's peace and wickedly set fire to his house and burned it, so that after the setting fire [the appellor] went forth and raised hue and cry so that his neighbors and the towns.h.i.+p of Willingham came thither, and he showed them [the appellee] in flight and therefore they pursued him with the cry; and this he offers etc. And the appellee defends all of it word by word etc. And the neighbors and the towns.h.i.+p of Willingham being questioned, say that they never saw him in flight, and that [the appellor] never showed him to them. Likewise the jurors say that in their belief he appeals him out of spite rather than for just cause. Therefore it is considered that the appeal is null, and the appellee is in mercy for a half-mark [7s.]. Pledge for the amercement, Robert Walo.

22. William burel appeals Walter Morc.o.c.k, for that he in the king's peace so struck and beat Margery, [William's] wife, that he killed the child in her womb, and besides this beat her and drew blood. And William of Manby, the beadle, testifies that he saw the wound while fresh and the blood in the wapentake [court]. And the serjeant of the riding and the coroners and the twelve knights testify that they never saw wound nor blood. And so it is considered that the appeal is null, for one part of the appeal being quashed, it is quashed altogether, and William Burel is in mercy. Let him be in custody. And William Manby is in mercy for false testimony. Pledges for William's amercement, Richard of Bilsby, Elias of Welton.

23. William Marshall fled for the death of Sigerid, Denis' mother, whereof Denis appeals him; and he was in the Prior of Sixhills'

frankpledge of Sixhills, which is in mercy, and his chattels were two cows and one bullock. Afterwards came the Prior of Sixhills and undertook to have William to right before the justices. And he came, and then Denis, Sigerid's son, came and appealed him of his mother's death.

And it was testified that [Denis] had an elder brother, and that nine years are past since [Sigerid] died, and that she lived almost a year after she was wounded, and that Denis never appealed [William] before now. Therefore it is considered that the appeal is null and that Denis be in mercy. Pledge for the amercement, his father, Ralph, son of Denis.

24. Alice, wife of Geoffrey of Carlby, appealed William, Roger's son, and William his son and Roger his son of the death of William her brother. And Alice does not prosecute.Therefore let her be in mercy and let her be arrested. To judgment against the sheriff who did not imprison the said persons who were attached, whereas they are appealed of homicide, and to judgment also as to a writ which he ought to produce.

25. Hawise, Thurstan's daughter, appeals Walter of Croxby and William Miller of the death of her father and of a wound given to herself. And she has a husband, Robert Franchenay, who will not stir in the matter. Therefore it is considered that the appeal is null, for a woman has no appeal against anyone save for the death of her husband or for rape. And let Robert be in mercy on his wife's account, for a half-mark [7s.], and let the appellees be quit. Pledge for Robert's amercement, Richard Dean of Mareham, who has lay property. Wapentake of Aswardhurn.

26. Juliana of Creeton appeals Adam of Merle of battery and robbery. And Adam does not come, but essoins himself as being in the king's service beyond seas. And for that it is not allowed to anyone appealed of the king's peace to leave the land without a warrant before he has been before justices learned in the law, his pledges are in mercy: to wit, Segar of Arceles, Alan of Renington, and Robert of Searby. Adam himself is excused from the plea by the essoin that he has cast.

27. Thomas, Leofwin's son, appeals Alan Harvester, for that he in the king's peace a.s.saulted him as he went on the highway, and with his force carried him into Alan's house, and struck him on the arm so that he broke a small bone of his arm, whereby he is maimed, and robbed him of his cape and his knife, and held him while Eimma, [Alan's] wife, cut off one of his t.e.s.t.i.c.l.es and Ralph Pilate the other, and when he was thus dismembered and ill-treated, the said Alan with his force carried him back into the road, whereupon as soon as might be he raised the cry, and the neighbors came to the cry, and saw him thus ill-treated, and then at once he sent to the king's serjeant, who came and found, so [Thomas]

says, the robbed things in Alan's house and then as soon as might be [Thomas] went to the wapentake [court] and to the county [court] and showed all this. So inquiry is made of the king's sergeant, who testifies that he came to Alan's house and there found the knife and the t.e.s.t.i.c.l.es in a little cup, but found not the cape. Also the whole county testifies that [Thomas] never before now appealed Alan of breaking a bone. And so it is considered that the appeal is null, and that [Thomas]

be in mercy, and that the other appellees be quit. Thomas also appeals Emma, Alan's wife, for that she in the peace aforesaid after he was placed in her lord's house cut off one of his t.e.s.t.i.c.l.es. He also appeals Ralph Pilate, for that he cut off the other of his t.e.s.t.i.c.l.es.

28. The twelve jurors presented in their verdict that Austin, Rumfar's son, appealed Ralph Gille of the death of his brother, so that [Ralph]

fled, and that William, Rumfar's son, appealed Benet Carter of the same death, and Ranulf, Ralph's son, appealed Hugh of Hyckham of the same death and Baldwin of Elsham and Ralph Hoth and Colegrim as accessories.

And the coroners by their rolls testify this also. But the county records otherwise, namely, that the said Ralph Gille, Benet, Hugh, Baldwin, Ralph [Hoth] and Gocegrim were all appealed by Ranulf, Ralph's son, and by no one else, so that four of them, to wit, Ralph Gille, Hugh, Benet and Colegrim, were outlawed at the suit of the said Ranulf, and that the said persons were not appealed by anyone other than the said Ranulf. And for that the county could not [be heard to] contradict the coroners and the said jurors who have said their say upon oath, it is considered etc. Thereupon the county forestalled the judgment and before judgment was p.r.o.nounced made fine with 200 pounds [4,000s.] [to be collected throughout the county], franchises excepted.

29. Hereward, William's son, appeals Walter, Hugh's son, for that he in the king's peace a.s.saulted him and wounded him in the arm with an iron fork and gave him another wound in the head; and this he offers to prove by his body as the court shall consider. And Walter defends all of it by his body. And it is testified by the coroners and by the whole county that Hereward showed his wounds at the proper time and has made sufficient suit. Therefore it is considered that there be battle.

Walter's pledges, Peter of Gosberton church, and Richard Hereward's son.

Hereward's pledges, William his father and the Prior of Pinchbeck. Let them come armed in the quindene of St. Swithin at Leicester.

30. William Gering appeals William Cook of imprisonment, to wit, that he with his force in the king's peace and wickedly, while [Gering] was in the service of his lord Guy at the forge, took him and led him to Freiston to the house of William Longchamp, and there kept him in prison so that his lord could not get him replevied; and this he offers to prove as the court shall consider. And William Cook comes and defends the felony and imprisonment, but confesses that whereas he had sent his lord's servants to seize the beasts of the said Guy on account of a certain amercement which [Guy] had incurred in the court of [Cook's]

lord [Longchamp], and which though often summoned he had refused to pay, [Gering] came and rescued the beasts that had been seized and wounded a servant of [Cook's] lord, who had been sent to seize them, whereupon [Cook] arrested [Gering] until he should find pledges to stand to right touching both the wounding and the rescue, and when [Gering's] lord [Guy] came for him, [Cook] offered to let him be replevied, but this [Guy] refused, and afterwards he repeated the offer before the king's serjeant, but even then it was refused, and then [Cook] let [Gering] go without taking security. And Guy says that he puts himself upon the wapentake, whether the imprisonment took place in manner aforesaid, and whether he [Guy] at once showed the matter to the king's serjeant, or no. And William Cook does the same. And the wapentake says that the alleged [imprisonment] took place in Lent, and Guy did not show the matter to the wapentake until a fortnight before St. Botulph's day. And the county together with the coroners says that they never heard the suit in their court. Therefore it is considered that the appeal is null, and Guy is in mercy. And let William and those who are appealed as accessories go quit.

31. The jurors say that Andrew, sureman's son, appealed Peter, Leofwin's son, Thomas Squire and William Oildene of robbery. And he does not prosecute. So he and Stephen Despine and Baldwin Long are in mercy, and the appellees go without day. Afterwards comes Andrew and says that [the appellees] imprisoned him by the order of William Malesoures in the said William's house, so that he sent to the sheriff that the sheriff might deliver him, whereupon the sheriff sent his serjeant and others thither, who on coming there found him imprisoned and delivered him and he produces witnesses, to wit, Nicholas Portehors and Hugh, Thurkill's son, who testify that they found him imprisoned, and he vouches the sheriff to warrant this. And the sheriff, on being questioned, says that in truth he sent thither four lawful men with the serjeant on a complaint made by Nicholas Portehors on Andrew's behalf. And those who were sent thither by the sheriff testify that they found him at liberty and disporting himself in William's house. Therefore it is considered that the appeal is null [and Andrew is in mercy] for his false complaint and Nicholas Portehors and Hugh, Thurkill's son, are in mercy for false testimony. Andrew and Hugh are to be in custody until they have found pledges [for their amercement].

32. The jurors say that Geoffrey Cardun has levied new customs other than he ought and other than have been usual, to wit, in taking from every cart crossing his land at Winwick with eels, one stick of eels, and from a cart with greenfish, one greenfish, and from a cart with salmon, half a salmon, and from a cart with herrings, five herrings, whereas he ought to take no custom for anything save for salt crossing his land, to wit, for a cartload, one bole of salt, and in that case the salter ought to have a loaf in return for the salt, and also if the salter's cart breaks down, the salter's horses ought to have pasture on Geoffrey's land without challenge while he repairs his cart. And Geoffrey comes and confesses that he takes the said customs, and ought to take them, for he and his ancestors have taken them from the conquest of England, and he puts himself on the grand a.s.size of our lord the king, and craves that a recognition be made whether he ought to take those customs or no. And afterwards he offers the king twenty s.h.i.+llings that this action may be put before Sir Geoffrey FitzPeter [the Justiciar]. Pledge for the twenty s.h.i.+llings, Richard of Hinton.

33. The jurors say that Hugh, son of Walter Priest, was outlawed for the death of Roger Rombald at the suit of Robert Rombald, and afterwards returned under the [protection of the] king's writ, and afterwards was outlawed for the same death on the appeal of Geoffrey, Thurstan's son.

The county therefore is asked by what warrant they outlawed the same man twice for the same death, and says that of a truth in King Richard's time the said Hugh was outlawed at the suit of one Lucy, sister of the said Roger, so that for a long time afterwards he hid himself; and at length he came into the county [court] and produced letters of Sir Geoffrey FitzPeter in the form following: "G. FitzPeter etc. to the sheriff of Northamptons.h.i.+re, greeting, Know thou that the king hath pardoned to Hugh, son of the priest of Grafton, his flight and the outlawry adjudged to him for the death of a certain slain man, and hath signified to us by his letters that we be aiding to the said Hugh in reestablis.h.i.+ng the peace between him and the kinsfolk of the slain; wherefore we command thee that thou be aiding to the said Hugh in making the peace aforesaid, and do us to wit by thy letters under seal what thou hast done in this matter, since we are bound to signify the same to the king. In witness etc. by the king's writ from beyond seas." And the said letters being read in full county [court] the county told the said Hugh that he must find pledges that he would be in the king's peace, and he went away to find pledges, and afterwards did not appear. But the kinsfolk of the slain, having heard that Hugh had returned after his outlawry, came to the next county [court] and Robert Rombald produced Geoffrey, Thurstan's son, who said that if he saw the said Hugh he would sue against him the death of the said Roger, who was [his kinsman]. And the county showed him how Hugh had brought the Justiciar's letters pardoning him the flight and outlawry, and that he was to find pledges to stand to the king's peace, but had not returned. Whereupon the king's serjeant was ordered to seek Hugh and bring him to a later county [court]. And at a later county [court] Geoffrey offered himself against Hugh, and Hugh did not appear; whereupon the king's serjeant being questioned said that he had not found him, and the county advised [Geoffrey] to come to another county [court], because if in the meantime Hugh could be found, he would be brought to the county [court]. Then at the third county [court] the said Geoffrey offered himself, and it was testified by the serjeant that Hugh had not yet been found, wherefore the county said that as Hugh would not appear to the king's peace, he must bear the wolf's head as he had done before. To judgment against the coroners and the twelve jurors.

34. Robert of Herthale, arrested for having in self-defense slain Roger, Swein's son, who had slain five men in a fit of madness, is committed to the sheriff that he may be in custody as before, for the king must be consulted about this matter. The chattels of him who killed the five men were worth two s.h.i.+llings, for which Richard [the sheriff must account].

35. Sibil, Engelard's daughter, appeals Ralph of Sandford, for that he in the king's peace and wickedly and in breach of the peace given to her in the county [court] by the sheriff, came to the house of her lord [or husband] and broke her chests and carried off the chattels, and so treated her that he slew the child that was living in her womb.

Afterwards she came and said that they had made a compromise and she withdrew herself, for they have agreed that Ralph shall satisfy her for the loss of the chattels upon the view and by the apprais.e.m.e.nt of lawful men; and Ralph has a.s.sented to this.

36. William Pipin slew William [or John] Guldeneman and fled. He had no chattels. Let him be exacted. And Hugh Fuller was taken for this death and put in gaol because the said John [or William] was slain in his house. And Hugh gives to the king his chattels which were taken with him, that he may have an inquest [to find] whether he be guilty thereof or no. The jurors say that he is not guilty, and so let him go quit thereof. And William Picot is in mercy for having sold Hugh's chattels before he was convicted of the death, and for having sold them at an undervalue, for he sold them, as he says, for three s.h.i.+llings, and the jurors say that they were worth seventeen s.h.i.+llings, for which William Picot and those who were his fellows ought to account. And William says that the chattels were sold by the advice of his fellows, and his fellows deny this.