Our Legal Heritage Part 41

Various statutes relaxed the requirements for attendance at court of those who were not involved in a case as long as there were enough to make the inquests fully. And "every freeman who owes suit to the county, tything, hundred, and wapentake, or to the Court of his Lord, may freely make his attorney attend for him." All above the rank of knight were exempted from attendance on the sheriff's turn, unless specifically summoned. Prelates and barons were generally excepted from the county courts by the charters of their estates. Charters of boroughs often excepted their representatives at the county court when there were no justices. Some barons and knights paid the sheriff to be excused. The king often relieved the simple knights by special license. There was frequently a problem of not having enough knights to hold the a.s.sizes.

Henry III excused the attendance at hundred courts of all but those who were bound to special service, or who were concerned in suits.

Trespa.s.s has become a writ of course in the common law. It still involves violence, but its element of breach of the peace extends to those breaches which do not amount to felony. It can include a.s.sault and battery, physical force to land, and physical force to chattels, e.g.

a.s.saulting and beating the plaintiff, breaking into his close, or carrying off his goods. One found guilty is fined and imprisoned. As in criminal matters, if a defendant does not appear at court, his body can be seized and imprisoned, and if he cannot be found, he may be outlawed.

Trespa.s.s to goods results in damages, rather than the return of the goods, for goods carried off from the plaintiff's possession and can be brought by bailees.

In Chancery, the court of the Chancellor, if there is a case with no remedy specified in the law, that is similar to a situation for which there is a writ, then a new writ may be made for that case. (By this will later be expanded the action of trespa.s.s called "trespa.s.s on the case".)

Various cases from the manors of the abbey of Bec in 1248-1249 are:

1. Ragenilda of Bec gives 2s. for having married without licence.

Pledge, William of Pinner. The same Ragenilda demands against Roger Loft and Juliana his wife a certain messuage which belonged to Robert le Beck, and a jury of twelve lawful men is granted her in consideration of the said fine, and if she recovers seisin she will give in all 5s.

And twelve jurors are elected, to wit, John of Hulle, William Maureward, Robert Hale Walter But, Walter Sigar, William Brihtwin, Richard Horseman, Richard Leofred, William John's son, Hugh Cross, Richard Pontfret and Robert Croyser, John Bisuthe and Gilbert Bisuthe who are sworn. And they say that the said Ragenilda has the greater right.

Therefore let her have seisin.

2. Richard Guest gives 12d. and if he recovers will give 2s. to have a jury of twelve lawful men as to whether he has the greater right in a certain headland at Eastcot which Ragenilda widow of William Andrews holds, or the said Ragenilda. Pledges for the fine, John Brook and Richard of Pinner. And the said Ragenilda comes and says that she has no power to bring that land into judgment because she has no right in it save by reason of the wards.h.i.+p of the son and heir of her husband, who is under age. And Richard is not able to deny this. Therefore let him await [the heir's] full age.

3. Walter Hulle gives 13s.4d. for licence to dwell on the land of the Prior of Harmondsworth so long as he shall live and as a condition finds pledges, to wit, William Slipper, John Bisuthe, Gilbert Bisuthe, Hugh Tree, William John's son, John Hulle, who undertake that the said Walter shall do to the lord all the services and customs which he would do if he dwelt on the lord's land and that his heriot shall be secured to the lord in case he dies there [i.e. at Harmondsworth].

4. Geoffrey Sweyn demands the moiety of one virgate of land which John Crisp and Alina Hele hold, and he gives 2s. to have a jury, and if he recovers will give 20s. And the said jurors come and say upon their oath that the said Geoffrey has no right in the said land. Therefore let the said tenants go thence without day and let the said Geoffrey pay 2s.

Pledges, Hugh Bussel and G.o.dfrey Francis.

5. Juliana Saer's daughter demands as her right the moiety of one messuage with a croft, which messuage William Snell and G.o.da his wife, sister of the said Juliana hold. And they have made accord by leave [of the court] to the effect that the said William and G.o.da give to the said Juliana a barn and the curtilage nearest the Green and two selions [a ridge of land between two furrows] in the western part of the said croft [a small enclosed field]. And the said William put himself in mercy.

Fine, 12d.

6. Hugh of Stanbridge complains of Gilbert Vicar's son and William of Stanbridge that the wife of the said Gilbert who is of [Gilbert's]

mainpast and the said William unjustly etc. beat and unlawfully struck him and dragged him by his hair out of his own proper house, to his damage 40s. and to his dishonor 20s., and [of this] he produces suit.

And Gilbert and William come and defend all of it fully. Therefore let each of them go to his law six-handed. Afterwards they make accord to this effect that in case the said Hugh shall hereafter in any manner offend against [Gilbert and William] and thereof shall be convicted he will give the lord 6s.8d. by way of penalty and will make amends to [Gilbert and William] according to the judgment of six lawful men, and the others on their part will do the like by him. And Hugh put himself in mercy. Fine, 3s. Pledges, John Tailor and Walter Brother.

7. Breakers of the a.s.size [of beer:] William Idle (fined 6d.), maud carter's widow (6d.), Walter Carter.

8. John Witriche in mercy for carrying off thorns. Fine, 6d.

9. Robert Dochi in mercy (fine, 2d.) for divers trespa.s.ses. Pledges, Gilbert Priest's son, Ralph Winbold and Walter Green.

10. Ailwin Crisp in mercy for his cow caught in the lord's pasture when ward had been made. Fine, 12d.

11. John Bernard in mercy for his beasts caught by night in the lord's meadow. Fine, 2s.

12. Richard Love gives 12d. to have a jury of twelve touching a rod of land which Robert of Brockhole and Juliana his wife hold. This action is respited to the next court [when the jurors are to come] without further delay. Afterwards the jurors come and say upon their oath that the said Richard has the greater right in the said land. Therefore let him have seisin.

13. William Blackbeard in mercy for not coming with his law as he was bound to do. Pledges, Geoffrey of Wick and Geoffrey Payn. Fine, 6d.

14. It was presented that Stephen Shepherd by night struck his sister with a knife and grievously wounded her. Therefore let him be committed to prison. Afterwards he made fine with 2s. Pledge, Geoffrey of wick.

15. It was presented that Robert Carter's son by night invaded the house of Peter Burgess and in felony threw stones at his door so that the said Peter raised the hue.Therefore let the said Robert be committed to prison. Afterwards he made fine with 2s.

16. Nicholas Drye, Henry le Notte (fine, 12d.) and Thomas Hogue (fine, 12d.) were convicted for that they by night invaded the house of Sir Thomas the Chaplain and forcibly expelled thence a man and woman who had been taken in there as guests. Therefore they are in mercy. Pledges of the said Thomas, richard of Lortemere and Jordan of Paris. Pledges of the said Henry, Richard Pen...and Richard Butry.

17. Adam Moses gives half a s.e.xtary of wine to have an inquest as to whether Henry Ayulf accused him of the crime of larceny and used opprobrious and contumelious words of him. Afterwards they made accord and Henry finds security for an amercement. Fine, 12d.

18. Isabella Sywards in mercy for having sold to Richard Bodenham land that she could not warrant him.