growing use in the king's courts of writs of entry, by which a
tenant may be ordered to give up land, e.g. by a recent flaw in a
tenant's title, for a term which has expired, by a widow for her
late husband's land, or by an heir who has become of full age from
his guardian. For instance: " ...Command Tertius that ... he
render to Claimant, who is of full age, as it is said, ten acres
...which he claims to be his right and inheritance and into which
the said Tertius has no entry save by Secundus, to whom Primus
demised [gaged] them, who had only the wardship thereof while the
aforesaid Claimant was under age, as he says...". But most
litigation about land is still through the writ of right for
proprietary issues and the assizes of novel disseisin and mort
d'ancestor for possessory issues.
Royal itinerant justices traveled to the counties every seven
years. There, they gave interrogatories to local assizes of twelve
men to determine what had happened there since the last eyre. All
boroughs had to send twelve burgesses who were to indict any
burgesses suspected of breaking the royal law. Every crime, every
invasion of royal rights, and every neglect of police duties was
to be presented and tried. Suspects were held in gaol until their
cases could be heard and gaol breaks were common. Punishment after
trial was prison for serious crimes, expulsion from the realm for
less serious crimes, and pledges for good behavior for lesser
crimes. The visitation of these justices was anticipated with
trepidation. In 1237, the residents of Cornwall hid in the woods
rather than face the itinerant justices.
Royal coroners held inquests on all sudden deaths to determine
whether they were accidental or not. If not, royal justices held
trial. They also had duties in treasure trove and shipwreck cases.
Justices of assize, justices of the peace, and itinerant justices
operated at the county level. The traditional county courts had
lost much jurisdiction to the royal courts and were now limited to
personal actions in causes involving usually no more than 40s.
There were pleas of trespass and debt, unjust seizure and
detention of beasts, rent collection, claims of fugitive villeins
and their goods, nuisances, and encroachments. The sheriff still
constitutes and conducts the court. The county court met every
three or four weeks, usually in the sheriff's castle located in
the chief borough of the county, but some met in the open air.
Twice a year the sheriff visited each hundred in the county to
hold a turn [court for small offenses, such as encroachment of
public land, brewing and baking contrary to government
regulations, and use of dishonest weights and measures.]. Everyone
who held freehold land in the hundred except the greater magnates
had to attend or be fined for absence. The sheriff annually viewed
frankpledge, in which every layman without land that could be
forfeited for felony, including villeins, were checked for being
in a tithing, a group of neighbors responsible for each other's
good conduct. This applied to every boy who had reached the age of
twelve. He had to swear on the Bible "I will be a lawful man and
bear loyalty to our lord the King and his heirs, and I will be
justicable to my chief tithing man, so help me God and the
saints." Each tithing man paid a penny to the sheriff.
The hundred court decided cases of theft, viewing of boundaries of
land, claims for tenurial services, claims for homage, relief, and
for wardship; enfeoffments made, battery and brawls not amounting
to felony, wounding and maiming of beasts, collection of debts,
trespass, detinue [detention of personal property which originally
was rightfully acquired] and covenant, which now requires a sealed
writing; defamation, and enquiries and presentments arising from
the assizes of bread and ale and measures. A paid bailiff had
responsibility for the hundred court, which met every three weeks.
Still in existence is the old self-help law of hamsocne, the thief
hand-habbende, the thief back-berend, the old summary procedure
where the thief is caught in the act, AEthelstan's laws, Edward
the Confessor's laws, and Kent's childwyte [fine for begetting a
bastard on a lord's female bond slave]. Under the name of "actio
furti" [appeal of larceny] is the old process by which a thief can
be pursued and goods vindicated. As before and for centuries
later, deodands were forfeited to the king to appease God's wrath.
These chattel which caused the death of a person were usually
carts, cart teams, horses, boats, or mill-wheels. Then they were
forfeited to the community, which paid the king their worth.
Sometimes the justices named the charitable purpose for which the
deodand was to be spent, such as the price of a boat to go to the
repair of a bridge.
Five cases with short summaries are:
CASE: "John Croc was drowned from his horse and cart in the water
of Bickney. Judgment: misadventur. The price of the horse
and cart is 4s.6d. 4s.6d. deodand."
CASE: "Willam Ruffus was crushed to death by a certain trunk. The
price of the trunk is 4d., for which the sheriff is to answer.
4d. deodand."
CASE: "William le Hauck killed Edric le Poter and fled, so he is
to be exacted and outlawed. He was in the tithing of Reynold
Horloc in Clandon of the abbot of Chertsey (West Clandon),
so it is in mercy. His chattels were 4 s., for which the
bailiff of the abbot of Chertsey is to answer."
CASE: "Richard de Bregsells, accused of larceny, comes and denies
the whole and puts himself on the country for good or ill.
The twelve jurors and four vills say that he is not guilty,
so he is quit."
CASE: William le Wimpler and William Vintner sold wine contrary
to the statute, so they are in mercy.
Other cases dealt with issues of entry, e.g. whether land was
conveyed or just rented; issues of whether a man was free, for
which his lineage was examined; issues of to which lord a villein
belonged; issues of nuisance such as making or destroying a bank,
ditch, or hedge; diverting a watercourse or damming it to make a
pool; obstructing a road, and issues of what grazing rights were
conveyed in pasture land, waste, woods, or arable fields between
harvest and sowing. Grazing right disputes usually arose from the
ambiguous language in the grant of land "with appurtenances".
Courts awarded specific relief as well as money damages. If a
landlord broke his covenant to lease land for a term of years, the
court restored possession to the lessee. If a lord did not perform
the services due to his superior lord, the court ordered him to
perform the services. The courts also ordered repair by a lessee.
Debts of country knights and freeholders were heard in the local
courts; debts of merchants and burgesses were heard in the courts
of the fairs and boroughs; debts due under wills and testaments
were heard in the ecclesiastical courts. The ecclesiastical courts
deemed marriage to legitimize bastard children whose parents
married, so they inherited personal property and money of their
parents. Proof was by compurgation. Church law required
excommunication to be in writing with the reasons therefore, and a
copy given to the excommunicant. A church judge was required to
employ a notary or two men to write down all acts of the judge and
to give a copy to the parties to protect against unjust judges. No
cleric was allowed to pronounce or execute a sentence of death or
to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its
owner. Heretics were to be excommunicated.
Trial by combat is still available, although it is extremely rare
for it to actually take place.
The manor court imposed penalties on those who did not perform
their services to the manor and the lord wrote down the customs of
the manor for future use in other courts.
By statute, no fines could be taken of any man for fair pleading
in the Circuit of Justiciars, county, hundred, or manor courts.
Various statutes relaxed the requirements for attendance at court
of those who were not involved in a case as long as there were
enough to make the inquests fully. And "every freeman who owes
suit to the county, tything, hundred, and wapentake, or to the
Court of his Lord, may freely make his attorney attend for him."
All above the rank of knight were exempted from attendance on the
sheriff's turn, unless specifically summoned. Prelates and barons
were generally excepted from the county courts by the charters of
their estates. Charters of boroughs often excepted their
representatives at the county court when there were no justices.
Some barons and knights paid the sheriff to be excused. The king
often relieved the simple knights by special license. There was
frequently a problem of not having enough knights to hold the
assizes. Henry III excused the attendance at hundred courts of all
but those who were bound to special service, or who were concerned
in suits.
Trespass has become a writ of course in the common law. It still
involves violence, but its element of breach of the peace extends
to those breaches which do not amount to felony. It can include
assault and battery, physical force to land, and physical force to
chattels, e.g. assaulting and beating the plaintiff, breaking into
his close, or carrying off his goods. One found guilty is fined
and imprisoned. As in criminal matters, if a defendant does not
appear at court, his body can be seized and imprisoned, and if he
cannot be found, he may be outlawed. Trespass to goods results in
damages, rather than the return of the goods, for goods carried
off from the plaintiff's possession and can be brought by bailees.
In Chancery, the court of the Chancellor, if there is a case with
no remedy specified in the law, that is similar to a situation for
which there is a writ, then a new writ may be made for that case.
(By this will later be expanded the action of trespass called
"trespass on the case".)
Various cases from the manors of the abbey of Bec in 1248-1249
are:
1. Ragenilda of Bec gives 2s. for having married without
licence. Pledge, William of Pinner. The same Ragenilda
demands against Roger Loft and Juliana his wife a certain
messuage which belonged to Robert le Beck, and a jury of
twelve lawful men is granted her in consideration of the
said fine, and if she recovers seisin she will give in all
5s. And twelve jurors are elected, to wit, John of Hulle,
William Maureward, Robert Hale Walter But, Walter Sigar,
William Brihtwin, Richard Horseman, Richard Leofred, William
John's son, Hugh Cross, Richard Pontfret and Robert Croyser,
John Bisuthe and Gilbert Bisuthe who are sworn. And they say
that the said Ragenilda has the greater right. Therefore let
her have seisin.
Ruislip [Middlesex]. Saturday after the Purification of the
Blessed Virgin.
2. Richard Guest gives 12d. and if he recovers will give 2s.
to have a jury of twelve lawful men as to whether he has the
greater right in a certain headland at Eastcot which
Ragenilda widow of William Andrews holds, or the said
Ragenilda. Pledges for the fine, John Brook and Richard of
Pinner. And the said Ragenilda comes and says that she has
no power to bring that land into judgment because she has no
right in it save by reason of the wardship of the son and
heir of her husband, who is under age. And Richard is not
able to deny this. Therefore let him await [the heir's] full
age.
3. Walter Hulle gives 13s.4d. for licence to dwell on the
land of the Prior of Harmondsworth so long as he shall live
and as a condition finds pledges, to wit, William Slipper,
John Bisuthe, Gilbert Bisuthe, Hugh Tree, William John's
son, John Hulle, who undertake that the said Walter shall do
to the lord all the services and customs which he would do
if he dwelt on the lord's land and that his heriot shall be
secured to the lord in case he dies there [i.e. at
Harmondsworth].
4. Geoffrey Sweyn demands the moiety of one virgate of land
which John Crisp and Alina Hele hold, and he gives 2s. to
have a jury, and if he recovers will give 20s. And the said
jurors come and say upon their oath that the said Geoffrey
has no right in the said land. Therefore let the said
tenants go thence without day and let the said Geoffrey pay
2s. Pledges, Hugh Bussel and Godfrey Francis.
5. Juliana Saer's daughter demands as her right the moiety
of one messuage with a croft, which messuage William Snell
and Goda his wife, sister of the said Juliana hold. And they
have made accord by leave [of the court] to the effect that
the said William and Goda give to the said Juliana a barn
and the curtilage nearest the Green and two selions [a ridge
of land between two furrows] in the western part of the said
croft [a small enclosed field]. And the said William put
himself in mercy. Fine, 12d.
6. Hugh of Stanbridge complains of Gilbert Vicar's son and
William of Stanbridge that the wife of the said Gilbert who
is of [Gilbert's] mainpast and the said William unjustly
etc. beat and unlawfully struck him and dragged him by his
hair out of his own proper house, to his damage 40s. and to
his dishonour 20s., and [of this] he produces suit. And
Gilbert and William come and defend all of it fully.
Therefore let each of them go to his law six-handed.
Afterwards they make accord to this effect that in case the
said Hugh shall hereafter in any manner offend against
[Gilbert and William] and thereof shall be convicted he will
give the lord 6s.8d. by way of penalty and will make amends
to [Gilbert and William] according to the judgment of six
lawful men, and the others on their part will do the like by
him. And Hugh put himself in mercy. Fine, 3s. Pledges, John
Tailor and Walter Brother.
7. Breakers of the assize [of beer:] William Idle (fined
6d.), maud carter's widow (6d.), Walter Carter.
8. John Witriche in mercy for carrying off thorns. Fine, 6d.
9. Robert Dochi in mercy (fine, 2d.) for divers trespasses.
Pledges, Gilbert Priest's son, Ralph Winbold and Walter
Green.
10. Ailwin Crisp in mercy for his cow caught in the lord's
pasture when ward had been made. Fine, 12d.
11. John Bernard in mercy for his beasts caught by night in
the lord's meadow. Fine, 2s.
12. Richard Love gives 12d. to have a jury of twelve
touching a rod of land which Robert of Brockhole and Juliana
his wife hold. This action is respited to the next court
[when the jurors are to come] without further delay.
Afterwards the jurors come and say upon their oath that the
said Richard has the greater right in the said land.
Therefore let him have seisin.
13. William Blackbeard in mercy for not coming with his law
as he was bound to do. Pledges, Geoffrey of Wick and
Geoffrey Payn. Fine, 6d.
14. It was presented that Stephen Shepherd by night struck
his sister with a knife and grievously wounded her.
Therefore let him be committed to prison. Afterwards he made
fine with 2s. Pledge, Geoffrey of wick.
15. It was presented that Robert Carter's son by night
invaded the house of Peter Burgess and in felony threw
stones at his door so that the said Peter raised the hue.
Therefore let the said Robert be committed to prison.
Afterwards he made fine with 2s.
16. Nicholas Drye, Henry le Notte (fine, 12d.) and Thomas
Hogue (fine, 12d.) were convicted for that they by night
invaded the house of Sir Thomas the Chaplain and forcibly
expelled thence a man and woman who had been taken in there
as guests. Therefore they are in mercy. Pledges of the said
Thomas, richard of Lortemere and Jordan of Paris. Pledges of
the said Henry, Richard Pen... and Richard Butry.
17. Adam Moses gives half a sextary of wine to have an
inquest as to whether Henry Ayulf accused him of the crime
of larceny and used opprobrious and contumelious words of
him. Afterwards they made accord and Henry finds security
for an amercement. Fine, 12d.
18. Isabella Sywards in mercy for having sold to Richard
Bodenham land that she could not warrant him.
19. All the ploughmen of great Ogbourne are convicted by the
oath of twelve men...because by reason of their default [the
land] of the lord was ill ploughed whereby the lord is
damaged to the amount of 9s.... And Walter Reaper is in
mercy for concealing [i.e. not giving information as to] the
said bad ploughing. Afterwards he made fine with the lord
with 1 mark.
20. From Ralph Joce 6s.8d. for his son, because he [the son]
unlawfully carried off grain from the lord's court. Pledge,
Geoffrey Joce.
21. From Henry Pink 12d. for a trespass by waylaying.
22. From Eve Corner 6d. for a trespass of her pigs.
23. From Ralph Scales 6d. for timber carried off.
24. From William Cooper 12d. for ploughing his own land with
the lord's plough without licence.
25. From Hugh Newman 12d. for trespass in the wood.
26. From Richard Penant 12d. for the same.
27. From Helen widow of Little Ogbourne 6d. for the same.
28. From Nicholas Siward 6d. for a false complaint against
William Pafey.
29. From William Pafey 12d. for fighting with the said
Nicholas.
30. From the widow of Ralph Shepherd 6d. for a trespass in
Pencombe.
31. Richard Blund gives a half-mark and if he recovers will
give two marks and a half to have a jury of the whole court,
to inquire whether he has the greater right in a virgate of
land which Hugh Frith holds in wardship with Cristiana
daughter of Simon White, or the said Cristiana. Pledges for
the fine, Richard Dene, William Hulle, John of Senholt, Hugh
Smith, and William Ketelburn. And the whole court say upon
their oath that the said Richard has greater right in the
said land than anyone else. Therefore let him recover his
seisin.
32 ....Miller gives 2d. [the Latin translates as 4s.] for a
trespass against the assize of beer and because the lord's
grain has been ill kept at the mill. Pledges, John Orped and
Joce Serjeant.
33. Noah gives 2s. in the same way for an inquest as to one
acre. Afterwards they submit themselves to arbitrators, who
adjudge that the said Robert shall pay 3s. to the said Roger
and 6s. to the said Gilbert and 7s. to the said Noah, and
that he will do so [Robert] finds pledges.
34. Ralph Bar in mercy for having beaten one of the lord's
men. Pledges, Herbert Rede and Ralph Brunild.
35. For the common fine of the township, a half-mark.
36. John Boneffiant found pledges, to wit, William Smith and
William of Bledlow, that he will not eloign himself from the
lord's land and that he will be prompt to obey the lord's
summons.
- - - Chapter 8 - - -
- The Times: 1272-1348 -
King Edward I was respected by the people for his good government,
practical wisdom, and genuine concern for justice for everyone. He
loved his people and wanted them to love him. He came to the
throne with twenty years experience governing lesser lands on the
continent which were given to him by his father Henry III. He
spoke Latin, English, and French. He gained a reputation as a
lawgiver and as a peacemaker in disputes on the continent. His
reputation was so high and agreement on him as the next king so
strong that England was peaceful in the almost two years that it
took him to arrive there from continental business. He was
truthful, law-abiding, and kept his word. He had close and solid
family relationships, especially with his father and with his wife
Eleanor, to whom he was faithful. He was loyal to his close circle
of good friends. He valued honor and adhered reasonably well to
the terms of the treaties he made. He was generous in carrying out
the royal custom of subsidizing the feeding of paupers. He visited
the sick. He was frugal and dressed in plain, ordinary clothes
rather than extravagant or ostentatious ones. He disliked ceremony
and display.
At his accession, there was a firm foundation of a national law
administered by a centralized judicial system, a centralized
executive, and an organized system of local government in close
touch with both the judicial and the executive system. To gain
knowledge of his nation, he sent royal commissioners into every
county to ask about any encroachments on the King's rights and
about misdeeds by any of the King's officials: sheriffs, bailiffs,
or coroners. The results were compiled as the "Hundred Rolls".
They were the basis of reforms which improved justice at the local
as well as the national level. They also rationalized the array of
jurisdictions that had grown up with feudal government. Statutes
were passed by a parliament of two houses, that of peers (lords)
and that of an elected [rather than appointed] commons, and the
final form of the constitution was fixed.
Wardships of children and widows were sought because they were
very profitable. A guardian could get one tenth of the income of
the property during the wardship and a substantial marriage amount
when the ward married. Parents often made contracts to marry for
their young children. This avoided a forced marriage by a ward
should the parents die.
Most earldoms and many baronages came into the royal house by
escheat or marriage. The royal house employed many people. The
barons developed a class consciousness of aristocracy and became
leaders of society. Many men, no matter of whom they held land,
sought knighthood. The king granted knighthood by placing his
sword on the head of able-bodied and moral candidates who swore an
oath of loyalty to the king and to defend "all ladies,
gentlewomen, widows and orphans" and to "shun no adventure of your
person in any war wherein you should happen to be". A code of
knightly chivalry became recognized, such as telling the truth and
setting wrongs right. About half of the knights were literate. In
1278, the king issued a writ ordering all free-holders who held
land of the value of at least 400s. to receive knighthood at the
King's hands.
At the royal house and other great houses gentlemanly jousting
competitions, with well-refined and specific rules, took the place
of violent tournaments with general rules. Edward forbade
tournaments at which there was danger of a "melee". At these
knights competed for the affection of ladies by jousting with each
other while the ladies watched. Courtly romances were common. If a
man convinced a lady to marry him, the marriage ceremony took
place in church, with feasting and dancing afterwards. Romantic
stories were at the height of their popularity. A usual theme was
the lonely quest of a knight engaged in adventures which would
impress his lady.
Riddles include: 1. I will make you a cross, and a thing will not
touch you, and you will not be able to leave the house without
breaking that cross. Answer: Stand before a post in your house,
with your arms extended. 2. What you do not know, and I do not
know, and no one can know after I have told you. Answer: I will
take a straw from the floor of the room, measure its inches, tell
you the length, and break the straw. 3. A pear tree bears all the
fruit a pear tree can bear and did not bear pears. Answer: It bore
only one pear.
The dress of the higher classes was very changeable and subject to
fashion as well as function. Ladies no longer braided their hair
in long tails, but rolled it up in a net under a veil, often
topped with an elaborate and fanciful headdress. They wore non-
functional long trains on their tunics and dainty shoes. Men wore
a long gown, sometimes clasped around the waist. Overtunics were
often lined or trimmed with native fur such as squirrel. People
often wore solid red, blue, or green clothes. Only monks and
friars wore brown. The introduction of buttons and buttonholes to
replace pins and laces made clothing warmer, and it could be made
tighter. After Edward I established the standard inch as three
continuous dried barleycorns, shoes came in standard sizes and
with a right one different from a left one. The spinning wheel
came into existence to replace the hand-held spindle. Now one hand
could be used to form the thread while the other hand turned a
large upright wheel that caused the thread to wind around the
spindle, which did not have to be held by hand. This resulted in
an uninterrupted spinning motion which was not interrupted by
alternately forming the thread and winding it on the spindle.