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
25. Hawise, Thurstan's daughter, appeals Walter of Croxby
and William Miller of the death of her father and of a wound
given to herself. And she has a husband, Robert Franchenay,
who will not stir in the matter. Therefore it is considered
that the appeal is null, for a woman has no appeal against
anyone save for the death of her husband or for rape. And
let Robert be in mercy on his wife's account, for a
half-mark [7s.], and let the appellees be quit. Pledge for
Robert's amercement, Richard Dean of Mareham, who has lay
property. Wapentake of Aswardhurn.
26. Juliana of Creeton appeals Adam of Merle of battery and
robbery. And Adam does not come, but essoins himself as
being in the king's service beyond seas. And for that it is
not allowed to anyone appealed of the king's peace to leave
the land without a warrant before he has been before
justices learned in the law, his pledges are in mercy: to
wit, Segar of Arceles, Alan of Renington, and Robert of
Searby. Adam himself is excused from the plea by the essoin
that he has cast.
27. Thomas, Leofwin's son, appeals Alan Harvester, for that
he in the king's peace assaulted him as he went on the
highway, and with his force carried him into Alan's house,
and struck him on the arm so that he broke a small bone of
his arm, whereby he is maimed, and robbed him of his cape
and his knife, and held him while Eimma, [Alan's] wife, cut
off one of his testicles and Ralph Pilate the other, and
when he was thus dismembered and ill- treated, the said Alan
with his force carried him back into the road, whereupon as
soon as might be he raised the cry, and the neighbors came
to the cry, and saw him thus ill-treated, and then at once
he sent to the king's serjeant, who came and found, so
[Thomas] says, the robbed things in Alan's house and then as
soon as might be [Thomas] went to the wapentake [court] and
to the county [court] and showed all this. So inquiry is
made of the king's sergeant, who testifies that he came to
Alan's house and there found the knife and the testicles in
a little cup, but found not the cape. Also the whole county
testifies that [Thomas] never before now appealed Alan of
breaking a bone. And so it is considered that the appeal is
null, and that [Thomas] be in mercy, and that the other
appellees be quit. Thomas also appeals Emma, Alan's wife,
for that she in the peace aforesaid after he was placed in
her lord's house cut off one of his testicles. He also
appeals Ralph Pilate, for that he cut off the other of his
testicles.
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