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.