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 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.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 15 / 67 段