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 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 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
reestablishing 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 footboys, 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 crenelated [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. The hall had a hearth for fire in the center
of the room if the hall was one story high. Sometimes the lord had a
room with a sleeping loft above it. If the hall was more than one story
high, it had a fireplace at one end so that the smoke could go up and
out the roof. Other rooms each had a fireplace. There were small windows
around the top story and on the inside of the courtyard. They were
usually covered with oiled paper. Windows of large houses were of opaque
glass supplied by a glassmaking 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.
Furniture included heavy wood armchairs for the lord and lady, stools,
benches, trestle tables, chests, and cupboards. Outside was an enclosed
garden with cabbages, peas, beans, beetroots, onions, garlic, leeks,
lettuce, watercress, hops, herbs, nut trees for oil, some flowers, and a
fish pond and well. Bees were kept for their honey.
Nobles, doctors, and attorneys wore tunics to the ankle and an
over-tunic almost as long, which was lined with fur and had long
sleeves. A hood was attached to it. A man's hair was short and curled,
with bangs on the forehead. The tunic of merchants and middle class men
reached to the calf. The laborer wore a tunic that reached to the knee,
cloth stockings, and shoes of heavy felt, cloth, or perhaps leather.
Ladies wore a full-length tunic with moderate fullness in the skirt, and
a low belt, and tight sleeves. A lady's hair was concealed by a round
hat tied on the top of her head. Over her tunic, she wore a cloak. Monks
and nuns wore long black robes with hoods.
The barons now managed and developed their estates to be as productive
as possible, often using the successful management techniques of church
estates. They kept records of their fields, tenants, and services owed
by each tenant, and duties of the manor officers, such as supervision of
the ploughing and harrowing. Annually, the manor's profit or loss for
the year was calculated. Most manors were self-supporting except that
iron for tools and horseshoes and salt for curing usually had to be
obtained elsewhere. Wine, tar, canvas and millstones were imports from
other countries and bought at fairs, as was fish, furs, spices, and
silks. Sheep were kept in such large numbers that they were susceptible
to a new disease "scab". Every great household was bound to give alms.
As feudalism became less military and less rough, daughters were
permitted to inherit fiefs. It became customary to divide the property
of a deceased man without a son equally among his daughters. Lords were
receiving homage from all the daughters and thereby acquiring marriage
rights over all of them. Also, if a son predeceased his father but left
a child, that child would succeed to the father's land in the same way
that the deceased would have.
Manors averaged about ten miles distance between each other, the land
in between being unused and called "wasteland". Statutes after a period
of civil war proscribing the retaking of land discouraged the enclosure
of waste land.
Husbandry land held in villeinage was inherited according to the custom
of its manor as administered in the lord's manorial court. (The royal
courts had jurisdiction of land held in socage. i.e. free tenure.) The
heir could be the oldest son, the youngest son, a son chosen by the
father to succeed him, or divided among the sons. If there were no sons,
one of the daughters inherited the land or it was divided among all the
daughters. If there were no heirs, the land went back to the lord. Land
could not be sold or alienated so that the heir did not inherit, without
the consent of the lord. Manorial custom also determined the manner of
descent of goods and chattels. A common custom for a villein was that
his best beast go to his lord as heriot and his second best beast go to
the parish priest as mortuary. Then, after debts and burial expenses had
been paid, a number of tools and utensils needed for husbandry and
housekeeping went with the land to its heir. These were the
"heirlooms", 'loom" in old English meaning tool. This usually
included, for a holding of more than 5 acres, a coulter, a plowshare, a
yoke, a cart, an axe, a cauldron, a pan, a dish, and a cask. Finally,
the remaining goods and chattels went one-third to the widow, one-third
to his children except for the heir to the land, and one-third according
to the deceased's last will and testament. A son might take his share
before the death of his father in order to go out into the world and
seek his fortune, for instance in the church or military, upon which
event the father had to pay his lord a fine for his son permanently
leaving the manor. Many country boys became bound apprentices in nearby
boroughs or farm laborers. Others married heiresses of land. By the
custom of "curtesy of the nation", he held this land for his
lifetime, even if his wife predeceased him. If a man remained on the
family land, he had no right to marry. Often, there were agreements over
land holdings that were recorded in the manor books. For instance, it
was common for a father or mother to hand his or her holding over to the
heir in exchange for sustenance in old age. An heir usually did not
marry until after receiving his land. Manorial custom determined whether
a father's consent was necessary for a son or daughter to marry, the
nature of any agreement ("trothplight") between the families as to
lands and goods brought to the marriage, the amount of her marriage
portion, and the son's endowment (her "dower") of lands and goods
promised to the bride at the church door that would provide for her
support after his death. If dower was not specified, it was understood
to be one-third of all lands and tenements. At the next hallmote, if
manorial custom required it, the son would pay a fine to his lord for
entry onto the land and for license to marry. From 1246, priests taught
that betrothal and consummation constituted irrevocable marriage.
Some villeins bought out their servitude by paying a substitute to do
his service or paying his lord a firm (from hence, the words farm and
farmer) sum to hire an agricultural laborer in his place. This made it
possible for a farm laborer to till one continuous piece of land instead
of scattered strips.
Looms were now mounted with two bars. Women did embroidery. The
clothing of most people was made at home, even sandals. The village
tanner and bootmaker supplied long pieces of soft leather for more
protection than sandals. Tanning mills replaced some hand labor. The
professional hunter of wolves, lynx, or otters supplied head coverings.
Every village had a smith and possibly a carpenter for construction of
ploughs and carts. The smith obtained coal from coal fields for heating
the metal he worked. Horse harnesses were homemade from hair and hemp.
There were watermills and/or windmills for grinding grain, for malt,
and/or for fulling cloth. The position of the sails of the windmills was
changed by manual labor when the direction of the wind changed.
Most men wore a knife because of the prevalence of murder and robbery.
It was an every day event for a murderer to flee to sanctuary in a
church, which would then be surrounded by his pursuers while the coroner
was summoned. Usually, the fugitive would confess, pay compensation, and
agree to leave the nation permanently.