English Wayfaring Life in the Middle Ages (XIVth Century)Jusserand, J. J. (Jean Jules)
History
English Wayfaring Life in the Middle Ages (XIVth Century)
Jusserand, J. J. (Jean Jules)
Christian pilgrims and pilgrimages -- England; England -- Social life and customs -- 1066-1485; Travel, Medieval
The itinerant justices’ inquiry covered a much larger field;
their “Articles of the Eyre,” or _Capitula Itineris_, included
every imaginable misdeed from highest to lowest, from “crimen læsæ
Majestatis,” above which nothing could be imagined, to fishing by
means of “kidels” (weirs) or the using of nets to capture pigeons
without the owner’s permit.
Coming four times a year in accordance with Art. 18 of the Great
Charter, sitting in the full court of the county, growing in
importance, while that of the sheriff as a judge went diminishing
and the system of the frankpledge was falling into disuse, the
itinerant justices submitted to the jury a ceaselessly increasing
number of questions, a whole quire of them in the first half of the
fourteenth century.[112] They asked what crimes, what misdemeanours,
what infractions against the statutes had come to their knowledge.
And in these minute interrogatories at every moment came up the
names of the sheriff, the coroner,[113] the bailiff, the constable,
of all the royal functionaries, whose conduct was thus placed under
popular control. Has any of these officers, says the judge, released
some robber, or counterfeiter or a clipper of coin? Has he for
any consideration neglected the pursuit against a vagabond or an
assassin? Has he unjustly received fines? Has he been paid by men
who wished to avoid a public charge (for example, of being sworn
as member of a jury)? Has the sheriff claimed more than reasonable
hospitality from those in his jurisdiction, in tourns held too oft?
Has he come with more than five or six horses? And {114} the juror
was obliged in the same way to denounce, under his oath, the great
who had arbitrarily imprisoned travellers passing through their
lands, and all those who had neglected to assist in arresting a
thief and running with the “hue and cry;”[114] for in this society
each man is by turns peace officer, soldier, and judge, and even
the humbler ones, menaced by so many exactions, have their share
too in the administration of justice and the maintenance of public
order. Highly important were, therefore, from a social point of view,
these judicial tourns, which periodically reminded the mere man that
he was a citizen, and that the affairs of the State were also his
affairs.[115]
Juries could at times, like so many other picturesque groups of
inhabitants, become one of the sights of the road. If they perjured
themselves or accepted bribes, they would be sent to London and be
jailed in the Tower; they were to travel along, not by night, but “by
clear day, in the view of all, so that the country people might see
the pain and shame of those guilty men who will be thereby the better
punished.”[116]
Public-domain text, read in full here on John Shaqi.
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