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.

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 14 / 67 段