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
19. William, Hawise's son, appeals Richard, son of Robert of
Somercotes, for that he came in the king's peace to his
house at Somercotes, and broke his house and robbed him
of...[an abrasion] shillings, and a cape and surcoat, and
twenty-five fowls, and twenty shillings worth of corn
[grain], and wounded him in the head with the wound that he
shows; and this he offers to prove against him as the court
shall consider etc. And Richard comes and defends the breach
of the king's peace and the house-breaking, wounding and
robbery, but confesses that he came to a certain house,
which William asserts to be his [William's], as to his
[Richard's] own proper house, which escheated into his hand
on the death of Roger his villein, and there he took certain
chattels which were his villein's and which on his villein's
death were his [Richard's] own: to wit, five thraves of
oats, thirteen sheaves of barley, and twenty-five fowls; and
he offers the king twenty shillings for an inquest [to find]
whether this be so or no. And William says that Richard says
this unjustly, for the said Roger never had that house nor
dwelt therein, nor were those chattels Roger's, but he
[William] held that house as his own, and the chattels there
seized were his. The jurors being questioned whether Roger
did thus hold the house of Richard in villeinage, say, Yes.
Also the coroners and the whole county testify that
[William] never showed any wound until now; and the wound
that he now shows is of recent date. Therefore it is
considered that the appeal is null, and let Richard go quit,
and William be in mercy for his false claim. Pledges for the
amercement, Gilbert, Robert's son, and Richard, Haldeng's
son.
20. Astin of Wispington appeals Simon of Edlington, for that
he wickedly and in the king's peace assaulted him in his
meadows and put out his eye, so that he is maimed of that
eye; and this he offers to prove etc. Simon comes and
defends all of it word by word. And the coroners and the
county testify that hitherto the appeal has been duly sued,
at first by [Astin's] wife, and then by [Astin himself].
Judgment: let law be made, and let it be in the election of
the appellee whether he or Astin shall carry the iron. He
has chosen that Astin shall carry it. Astin has waged the
law. Simon's pledges, William of Land and his frankpledge
and Ralph of Stures. Astin's pledges, Roger Thorpe, Osgot of
Wispington, and William, Joel's brother. Afterwards came
[the appellor and appellee] and both put themselves in
mercy.
Public-domain text, read in full here on John Shaqi.
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