Woodbridge v. Bardolf (1194, king's court): Ralf of Woodbridge seeks

before the justices his free tenement in Hebston by the assize of novel

disseisin against Hugh Bardolf. Against which assize Hugh said that he

had that seisin by judgment of his court for the default of the same

Ralf. And the court has recorded the summons and distraints reasonably

made on the same Ralf. And Ralf himself has acknowledged the summons and

distraints and said that he ought not hold anything from him in that

land; rather, it is of another's fee. And because neither he nor anyone

for him has complained to the justices that Hugh unjustly drew him into

a plea concerning a tenement which Ralf himself held of the fee of

another lord, it is considered that Hugh hold in peace. And let Ralf

plead by writ of right if he want and be in mercy for his false claim.

Turroc v. fitz Walter (1194, king's court): The assize came to recognize

if Clement son of Walter unjustly and without judgment disseised Matilda

of Turroc of her free tenement within the assize. Clement comes and says

that he disseised her by judgment of his court. The court is present and

records that she occupied more of her lord's land than she had in dower

by the sheriff and by order of the lord king, so that she was summoned

and distrained to come in to court, and she so responded that she

remained in mercy of 10s. by judgment, so that for that amercement and

for other complaints she made fine with her lord for 1/2 mark [7s.] and

put her land in pledge in his court and did not want to render the 1/2

mark [7s.]. And therefore by judgment of his court he seised it. Matilda

denies all word for word. And the same Clement only produces two men

from his court; and it is considered that it was no court. Judgment: let

Matilda have her seisin and let Clement be in mercy for disseisin.

Fitz Hereward v. Prior of Lecton (1195, king's court): The assize came

to recognize if the prior of Lecton unjustly and without judgment

disseised Reginald son of Hereward and Essolda his wife of his free

tenement in Clapston after the first coronation of the lord king. The

prior says that the assize ought not be taken thereof, because he seised

that land by judgment of his court for default of his service and his

rent, whereof he has his court present, which asserts the same thing. It

is considered that the prior replevy [give back] to them their land and

give them a day in his court concerning the arrears of rents and

services. And let him treat them justly by judgment of his court.

Stanfeld v. Brewes (1199, king's court): The assize comes to recognize

if Simon of Brewes and Luke cleric and Peter of Brewes unjustly and

without a judgment disseised Odo of Stanfeld and Juliana his wife of her

free tenement in Michehey within the assize. Simon says that the assize

ought not be taken thereof, because he took that land into his hand by

judgment of his court -- which he produced and which attests to this --

for default of his service. And it was testified that Odo holds that

land from the same Simon. Simon was ordered to replevy that land to Odo

as well as the chattels and to treat him rightfully in his court.

fitz William v. Amice et al. (1200, king's court): The assize comes to

recognize if Amice who was the wife of Richard earl of Clare and Hugh of

Ceriton, John of Cornherd, William of Wattevill, Alexander son of

Gilbert, Alexander son of Matthew, Bartholomew son of Alexander, Robert

of Cornherd, and Geoffrey son of Leveric unjustly and without judgment

disseised Richard son of William of Sudbury of his free tenement in

Sudbury after the feast of St Michael next before the coronation of the

lord king. The countess says that, when she was separated by papal order

from the earl of Clare her husband by reason of consanguinity, to which

husband the vill of Sudbury had been given with her as marriage portion,

she came to Sudbury and convoked her court and made the same Richard to

be summoned to come to show by what warrant he held her land. He

willingly entered into the plea and vouched the earl of Clare her former

husband to warrant and at the day given him to have [his warrantor] he

did not have him. And thus by consideration of her court she seised her

land and holds it. Which court she produced and which attests this.

Richard comes and denies that he was ever summoned or came into her

court by summons or vouched to warranty or so lost seisin by

consideration of the court of the countess. And this he offers [to

prove]. It is considered that he defend himself 12-handed that he did

not willingly enter into the plea and vouch to warranty. Let him wage

his law [prove by the 12-handed oath, thus, by compurgation]. Pledges of

the law: Hugh son of Hugh, Wido of Sudbury. Day is given them at the

quindene of St. John.

This is the suit of Richard of Sudbury: [there follow the names, but

only of 10 men] against the countess Amice who was the countess of

Clare, concerning whom he had complained concerning a novel disseisin of

his free tenement in Sudbury. She said that by judgment of her court for

default of warranty which he had vouched did she make the [dis]seisin

and thereof did she produce suit. And he denied against her and against

the suit, and law was adjudged. And he comes with his law and makes it

with the abovesaid suit. Therefore it is considered that he recover

thereof his seisin; let the countess be in mercy for unjust disseisin

and also her men, of whom the same Richard has complained. And let the

same countess return to him the damages done thereof by a jury of

law-worthy men of the vicinity. The names of the men of the countess are

in the writ.

A sample of crown pleas in several hundreds or wapentakes [Danish name

for a hundred] from 1201 to 1203 are:

1. Denise, who was wife to Anthony, appeals Nicholas Kam of the death

of Anthony, her husband, for that he wickedly slew her husband; and this

she offers to prove against him under award of the court. And Nicholas

defends all of it. It is considered that Denise's appeal is null, for in

it she does not say that she saw the deed. The jurors being asked, say

that they suspect him of it; the whole county likewise suspects him. Let

him purge himself by water [ordeal] under the Assize. He has waged his

law.

2. William de Ros appeals Ailward Bere, Roger Bald, Robert Merchant,

and Nicholas Parmenter, for that they came to his house and wickedly in

the king's peace took away from him a certain villein of his whom he

kept in chains because he wished to run away, and led him off, and in

robbery carried away his wife's coffer with one mark of silver and other

chattels; and this he offers to prove by his son, Robert de Ros, who saw

it. And Ailward and the others have come and defended the felony,

robbery, and breach of the king's peace, and say that (as the custom is

in Cornwall) Roger of Prideaux, by the sheriff's orders, caused twelve

men to come together and make oath about the said villein, whether he

was the king's villein or William's and it was found that he was the

king's villein, so the said Roger the serjeant demanded that [William]

should surrender him, and he refused, so [Roger] sent to the sheriff,

who then sent to deliver [the villein], who, however, had escaped and

was not to be found, and William makes this appeal because he wishes

to keep the chattels of Thomas [the villein], to wit, two oxen, one cow,

one mare, two pigs, nine sheep, eleven goats. And that this is so

the jurors testify. Judgment: William and Robert in mercy for the false

claim. William's amercement, a half-mark. Robert's amercement, a

half-mark. Pledge for the mark, Warin, Robert's son. Let the king have

his chattels from William. Pledge for the chattels, Richard, Hervey's

son.

3. Serlo of Ennis-Caven appeals Osbert of Dimiliock and Jordan,

Walter's son, for that they in the king's peace wickedly assaulted, beat

and seriously wounded him, so that by reason of the beating three bones

were extracted from his head; and this he offers to prove against him

under the court's award as a man maimed by that mayhem. And it is

testified by the coroners that the wounds when fresh were shown in the

county [court], and that [the bones were broken] as aforesaid. And

Osbert and Jordan come and defend word by word. It is considered that

Osbert do purge himself by ordeal of iron on account of the appeal, for

Serlo betook himself against Osbert in the first instance. And let

Jordan be in custody until it be known how Osbert shall fare. And the

other persons who are appealed as accessories are to be under pledge

until [Osbert's fate] be known.

4. The jurors say that they suspect William Fisman of the death of

Agnes of Chilleu, for the day before he had threatened her body and

goods. And the four neighboring townships being sworn, suspect him of

it. It is considered that he purge himself by water under the Assize.

5. William Burnell and Luke of the Well are suspected of the burglary

at the house of Richard Palmer by the jurors of the hundred, and by the

four neighboring townships, which are sworn. Let them purge themselves

by water under the Assize.

6. Malot Crawe appeals Robert, Godfrey's son, of rape. He comes and

defends. It is testified that he thus raped her and that she was seen

bleeding. By leave of the justices they made concord on the terms of his

espousing her.

7. Walter Wifin was burgled, and of his chattels taken from his house

in the burglary certain boots were found in the house of Lefchild of

Ranam, and the said Walter pursues those boots as his. And Lefchild

said that he bought them in Bodmin market for 2 1/2 pence, but he knows

not from whom. And besides Walter says that eleven ells of linen cloth,

part of the stolen goods, were sold in Lefchild's house, and all the

other proceeds of the burglary, and that Lefchild was the receiver of

the burglars, namely, Robert of Hideford and Alan the Foresters, whom

he [Walter] had appealed of the crime. And Lefchild defends. The jurors

on being asked, say that they suspect Lefchild of the said receipt. So

let him purge himself by water under the Assize.

8. Eadmer of Penwithen appeals Martin, Robert and Thomas of Penwithen,

for that Robert wounded him in the head so that twenty-eight pieces of

bone were extracted, and meanwhile Martin and Thomas held him; and

this he offers to deraign against the said Robert as a man thereby

maimed, under the court's award. And Robert comes and defends all of it

word by word. It is considered that he purge himself by ordeal of

iron. Let the others be in custody until it be known how Robert shall

fare. Afterwards Eadmer came and withdrew himself, and submitted to an

amercement of one mark.Pledges, Reinfrid, Gill's son, and Philip his

brother. Let the other appellees go quit.

9. Reginald le Teinus accused of the receipt and fellowship of Robert

the outlaw comes and defends. The jurors say that they suspect him, and

the four neighboring townships say that they suspect him of it. So

let him purge himself by water under the Assize. And there must be

inquiry as to Richard Revel, who was sheriff when the said Robert

escaped from his custody.

10. Osbert of Reterth appeals Odo Hay, for that he assaulted him as he

was returning from Bodmin market, and in the king's peace and wickedly

struck him on the hand with a stick, and afterwards struck him on the

arm with his sword so that he is maimed; and this he offers to prove as

a maimed man. And Odo defends it all. And that [Osbert] is maimed is

testified by knights sent to see him. Judgment: let [Odo] purge himself

by ordeal of iron because of this appeal.

11. Wulward of Wadebridge was burgled. And Odo Hay, Lawrence Smith,

Osbert Mediciner, and Benet his son, William Miller, Robert of

Frokemere, and Maud his sister, are suspected of the burglary by the

jurors of the hundred and by the four nearest townships, which are

sworn. Let the males purge themselves by water under the Assize, and

Maud by ordeal of iron. Roger Morand fled for that burglary, and he

was living in Bodmin, [which town is] therefore in mercy.

12. Robert, Godfrey's son, appeals Philip, William's son, for that he

came on the land of [Robert's] lord Richard Fortescue, and wickedly and

in the king's peace and in robbery took eight oxen and a mantle, cape,

and sword, and carried them off; and this he offers to prove against him

by his body under award of the court. And Philip comes and defends all

of it word by word. It is considered that the appeal is null, for the

oxen were not Robert's, but Richard's. The jurors being asked, say

that [Philip] did no robbery to [Richard]. So Richard Fortescue is in

mercy for a false appeal, and let Philip be quit.

13. Peter Burel appeals Anketil of Wingely, for that he wickedly in the

king's peace assaulted him in the field where he was pasturing his oxen,

and beat him, and gave him four wounds in the head, and in robbery

took from him an ax and a sword; and this he offers to prove against

him; but he shows no wound. And Anketil defends. And the county records

that [Peter] first appealed Roger of Tregadec of the same robbery and

of the same wounds. Therefore it is considered that the appeal is null,

and let Peter be in mercy for a false appeal. His amercement, a

half-mark; pledge for it, Ralph Giffard.

14. The jurors are in mercy for a silly presentment, for they presented

an appeal which was made in the hundred [court] and which was not

presented in the county [court].

15. Lucy of Morwinstow appeals Robert de Scaccis and Roland of Kellio

and Peter of Lancarf of robbing her of twenty shillings and eight pence,

and of a cloak, price a half-mark. And it is testified by the jurors

that they did not rob her, and that she is a hireling, and that a man

lay with her in a garden, and the boys hooted her, so that she left her

cloak, and the boys took it and pawned it for two gallons of wine. It is

considered that Robert do give her three pence in respect of the wine

and do go quit. And Roland and Peter neither come nor essoin [present an

excuse for nonappearance] themselves. And their pledges were Nicholas

brother of Alfred of Bodmin and Herbert Reeve of Bodmin, who are

therefore in mercy.

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 passed 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] shillings, and a cape

and surcoat, and twenty-five fowls, and twenty shillings 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 asserts 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 shillings 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 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'

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 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.

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