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. If the hall was on the first floor, the fire

might be at a hearth in the middle of the floor. Sometimes the lord had

his own chamber, with a sleeping loft above it. Having a second floor

necessitated a fireplace in the wall so the smoke could go up two floors

to the roof. Other rooms each had a fireplace. Often the hall was on the

second floor and took up two stories. There was a fireplace on one wall

of the bottom story. 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.

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.

It had been long customary for the groom to endow his bride in

public at the church door. This was to keep her and her children

if he died first. If dower was not specified, it was understood to

be one-third of all lands and tenements. From 1246, priests taught

that betrothal and consummation constituted irrevocable marriage.

County courts were the center of decision-making regarding

judicial, fiscal, military, and general administrative matters.

The writs for the conservation of the peace, directing the taking

of the oath, the pursuit of malefactors, and the observance of

watch and ward, were proclaimed in full county court; attachments

were made in obedience to them in the county court. The county

offices were: sheriff, coroner, escheator, and constable or

bailiff. There were 28 sheriffs for 38 counties. The sheriff was

usually a substantial landholder and a knight who had been

prominent in the local court. He usually had a castle in which he

kept persons he arrested. He no longer bought his office and

collected certain rents for himself, but was a salaried political

appointee of the King. He employed a deputy or undersheriff, who

was an attorney, and clerks. If there was civil commotion or

contempt of royal authority, the sheriff had power to raise a

posse of armed men to restore order [posse comitatus: power of the

county]. The coroner watched the interests of the crown and had

duties in sudden deaths, treasure trove, and shipwreck cases.

There were about five coroners per county and they served for a

number of years. They were chosen by the county court. The

escheator was appointed annually by the Treasurer to administer

the Crown's rights in feudal land, which until 1242 had been the

responsibility of the sheriff. He was usually chosen from the

local gentry. The constable and bailiff operated at the hundred

and parish level to detect crime and keep the peace. They assisted

sheriffs and Justices of the Peace, organized watches for

criminals and vagrants at the village level, and raised the hue

and cry along the highway and from village to village in pursuit

of offenders who had committed felony or robbery. The constables

also kept the royal castles; they recruited, fed, and commanded

the castle garrison.

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