Book: Our Legal Heritage, 4th Ed.

S >> S. A. Reilly >> Our Legal Heritage, 4th Ed.




20. Astin of Wispington appeals Simon of Edlington, for that
he wickedly and in the king's peace assaulted 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 township 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 township 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 Morcock, 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' frank-pledge 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 assaulted 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 testicles 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 testicles 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 testicles. He also
appeals Ralph Pilate, for that he cut off the other of his
testicles.

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 pronounced 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 assaulted 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 cart-load, 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 assize 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
shillings that this action may be put before Sir Geoffrey
FitzPeter [the Justiciar]. Pledge for the twenty shillings,
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 Northamptonshire, 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
re-establishing 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 shillings, 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 appraisement of lawful men; and
Ralph has assented 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 shillings, and the jurors
say that they were worth seventeen shillings, 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.

37. Robert White slew Walter of Hugeford and fled. The
jurors say that he was outlawed for the death, and the
county and the coroners say that he was not outlawed,
because no one sued against him. And because the jurors
cannot [be heard to] contradict the county and the coroners,
therefore they are in mercy, and let Robert be exacted. His
chattels were [worth] fifteen shillings, for which R. of
Ambresleigh, the sheriff, must account.

38. Elyas of Lilleshall fled to church for the death of a
woman slain at Lilleshall. He had no chattels. He confessed
the death and abjured the realm. Alice Crithecreche and Eva
of Lilleshall and Aldith and Mabel, Geoffrey and Robert of
Lilleshall, and Peter of Hopton were taken for the death of
the said woman slain at Lilleshall. And Alice, at once after
the death, fled to the county of Stafford with some of the
chattels of the slain, so it is said, and was taken in that
county and brought back into Shropshire and there, as the
king's serjeant and many knights and lawful men of the
county testify, in their presence she said, that at night
she heard a tumult in the house of the slain; whereupon she
came to the door and looked in, and saw through the middle
of the doorway four men in the house, and they came out and
caught her, and threatened to kill her unless she would
conceal them; and so they gave her the pelf [booty] that she
had. And when she came before the [itinerant] justices she
denied all this. Therefore she has deserved death, but by
way of dispensation [the sentence is mitigated, so] let her
eyes be torn out. The others are not suspected, therefore
let them be under pledges.

39. William, John's son, appeals Walter, son of Ralph Hose,
for that when [William's] lord Guy of Shawbury and [William]
had come from attending the pleas of our lord the king in
the county court of Shropshire, there came five men in the
forest of Haughmond and there in the king's peace and
wickedly assaulted his lord Guy, and so that [Walter], who
was the fourth among those five, wounded Guy and was
accessory with the others in force as aid so that Guy his
lord was killed, and after having wounded his lord he
[Walter] came to William and held him so that he could not
aid his lord; and this he offers to deraign [determine by
personal combat] against him as the court shall consider.
And Walter comes and defends all of it word by word as the
court etc. It is considered that there be battle [combat]
between them. The battle [combat] is waged. Day is given
them, at Oxford on the morrow of the octave of All Saints,
and then let them come armed. And Ralph [Walter's father]
gives the king a half-mark that he may have the custody of
his son, [for which sum] the pledges are John of Knighton
and Reiner of Acton, and he is committed to the custody of
Ralph Hose, Reiner of Acton, John of Knighton, Reginald of
Leigh, Adam of Mcuklestone, William of Bromley, Stephen of
Ackleton, Eudo of Mark.

40. Robert, son of Robert of Ferrers, appeals Ranulf of
Tattesworth, for that he came into Robert's garden and
wickedly and in the king's peace assaulted Robert's man
Roger, and beat and wounded him so that his life was
despaired of, and robbed him [Roger?] of a cloak, a sword, a
bow and arrows: and the said Roger offers to prove this by
his body as the court shall consider. And Ranulf comes and
defends the whole of it, word by word, and offers the king
one mark of silver that he may have an inquest of lawful
knights [to say] whether he be guilty thereof or no. Also he
says that Roger has never until now appealed him of this,
and prays that this be allowed in his favor. [Ranulf's]
offering is accepted. The jurors say that in truth there was
some quarrel between Robert's gardener, Osmund, and some
foot-boys, but Ranulf was not there, and they do not suspect
him of any robbery or any tort done to Robert or to Osmund.
Also the county records that the knights who on Robert's
complaint were sent to view Osmund's wounds found him
unwounded and found no one else complaining, and that Robert
in his plaint spoke of Osmund his gardener and never of
Roger, and that Roger never came to the county [court] to
make this appeal. Therefore it is considered that Ranulf be
quit, and Robert and Roger in mercy. Pledge for Ranulf's
mark, Philip of Draycot. Pledges for the amercement, Henry
of Hungerhill, and Richard Meverell. Pledge for Roger, the
said Robert.

41. One L. is suspected by the jurors of being present when
Reinild of Hemchurch was slain, and of having aided and
counseled her death. And she defends. Therefore let her
purge herself by the ordeal of iron; but as she is ill, the
ordeal is respited until her recovery.

42. Andrew of Burwarton is suspected by the jurors of the
death of one Hervey, for that he concealed himself because
of that death. Therefore let him purge himself by ordeal of
water.

43. Godith, formerly wife of Walter Palmer, appeals Richard
of Stonall, for that he in the king's peace wickedly and by
night with his force came to her house and bound her and her
husband, and afterwards slew the said Walter her husband;
and this she offers to prove against him as wife of the
slain as the court shall consider. And he defends all of it.
And the jurors and the whole neighborhood suspect him of
that death. And so it is considered that he purge himself by
ordeal of iron for he has elected to bear the iron.

44. The jurors of Oflow hundred say that the bailiffs of
Tamworth have unjustly taken toll from the knights of
Staffordshire, to wit, for their oxen and other beasts. And
the men of Lichfield complain that likewise they have taken
toll from them, more especially in Staffordshire. And the
bailiffs deny that they take anything from the knights in
Staffordshire. And for that they cannot [be heard to]
contradict the jurors, the bailiffs are in mercy. As to the
men of Lichfield, [the Tamworth bailiffs] say that they
ought to have, and in King Henry's time had, toll of them,
more especially of the merchants, as well in Staffordshire
as in Warwickshire. And the burgesses of Lichfield offer the
king a half-mark for an inquest by the county. And the
county records that in King Henry's time the men of
Lichfield did not pay toll in Staffordshire. Therefore the
bailiffs are in mercy.





- - - Chapter 7 - - -



- The Times 1215-1272 -

Baron landholders' semi-fortified stone manor houses were improved
and extended. Many had been licensed to be embattled or
crenellated [wall indented at top with shooting spaces]. They were
usually quadrangular around a central courtyard. The central and
largest room was the hall, where people ate and slept. If the hall
was on the first floor, the fire might be at a hearth in the
middle of the floor. Sometimes the lord had his own chamber, with
a sleeping loft above it. Having a second floor necessitated a
fireplace in the wall so the smoke could go up two floors to the
roof. Other rooms each had a fireplace. Often the hall was on the
second floor and took up two stories. There was a fireplace on one
wall of the bottom story. There were small windows around the top
story and on the inside of the courtyard. Windows of large houses
were of opaque glass supplied by a glass-making craft. The glass
was thick, uneven, distorted, and greenish in color. The walls
were plastered. The floor was wood with some carpets. Roofs were
timbered with horizontal beams. Many roofs had tiles supplied by
the tile craft, which baked the tiles in kilns or over an open
fire. Because of the hazard of fire, the kitchen was often a
separate building, with a covered way connecting it to the hall.
It had one or two open fires in fireplaces, and ovens. Sometimes
there was a separate room for a dairy.

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