Our Legal Heritage Part 29

There are personal actions such as "debt" for specific chattel or specific sum of money. This splits into two actions. The detinue award is for the specific chattel or its value. The action of "replevin" is available to the tenant to recover personal property which had been wrongly distrained, usually cattle; the goods are "repledged" pending action. Also, but rarely used, are "covenant" to protect termors for leases of land for terms of years, and "trespa.s.s": a semi-criminal action brought by a private party for an offense punishable by death (or in the 1100s by mutilation) such as murder, rape, robbery, or mayhem, that is done with force of arms and against the peace of the king. The use of trespa.s.s grew as private actions for felony were supplanted by public indictment. It occasioned outlawry in default of appearance.

These personal actions were initiated in common law courts by their respective writs.

These are some of the cases of novel disseisin brought to the king's court:

Woodbridge v. Bardolf (1194, king's court): Ralf of Woodbridge seeks before the justices his free tenement in Hebston by the a.s.size of novel disseisin against Hugh Bardolf. Against which a.s.size 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 a.s.size came to recognize if Clement son of Walter unjustly and without judgment disseised Matilda of Turroc of her free tenement within the a.s.size. 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 a.s.size 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 a.s.size 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 a.s.serts 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 a.s.size 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 a.s.size. Simon says that the a.s.size 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 a.s.size 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 a.s.size. 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...o...b..rt of Dimiliock and Jordan, Walter's son, for that they in the king's peace wickedly a.s.saulted, 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 a.s.size.

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 a.s.size.

6. Malot Crawe appeals Robert, G.o.dfrey'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 a.s.size.

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 a.s.size. 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 a.s.saulted 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 a.s.size, 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, G.o.dfrey'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 a.s.saulted 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 p.a.w.ned 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.