Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
16. Osbert Church accused of the death of Roland, son of
Reginald of Kennel, on the appeal of the said Reginald, was
detained in gaol and defends word by word. And Reginald
offers proof by the body of a certain freeman, Arkald, who
has his [Reginald's] daughter to wife, who is to prove in
his stead, since he has passed the age of sixty. Osbert
Church defends all of it. The knights of the hundred of
Penwith say that they suspect him of the said death. The
knights of kerrier [hundred] say the same. The knights of
Penwith [hundred] say the same. The knights of Pyder
[hundred] say the same. Judgment: let him purge himself by
water, and Reginald is in mercy, for he does not allege
sight and hearing, and because he has withdrawn himself, and
put another in his place, who neither saw nor heard and yet
offered to prove it, and so let both Reginald and Arkald be
in mercy. Osbert is purged by the water. Osbert's pledges:
Henry Little, Henry of Penant, Ossulf Black, Roger of
Trevithow, John of Glin, Ralph of Trelew.
17. Roger of Wick [was] appealed of the death of Brictmer by
the appeal of Hawise, Brictmer's wife, and was captured in
flight, as say John of Winielton and Ralph of Mertherin, but
the flight is not testified by the hundred. Kerier [hundred]
says the same. Penwith [hundred] says the same. So is
considered that he purge himself by water. He is purged.
Roger's pledges: Ralph of Trelew, Ogier of Kurnick, Richard,
Simon's son, Alfred Malvoisin, Everwin of Lande, John of
Kewerion, Warin of Tiwardeni, Baldwin Tirel, Roger of
Trevithow, John of Glin, William of Dunham, Thomas, Osbert's
son.
18. Richard, William's son, appealed Luke, Richard's son,
and William, the servant of Alan Clerk, of robbery and of
binding him. The appellees have not come nor essoined
themselves. The county together with the wapentake says that
they were appealed, not of the king's peace, but of the
sheriff's peace, so that the suit was and is in the county
[court], and therefore they were not attached to come before
the justices. Therefore the jurors are in mercy for
presenting what they ought not to have presented.
Public-domain text, read in full here on John Shaqi.
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