Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
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.
21. Gilbert of Willingham appeals Gilbert, Geoffrey's son, for that he
in the king's peace and wickedly set fire to his house and burned it, so
that after the setting fire [the appellor] went forth and raised hue and
cry so that his neighbors and the township of Willingham came thither,
and he showed them [the appellee] in flight and therefore they pursued
him with the cry; and this he offers etc. And the appellee defends all
of it word by word etc. And the neighbors and the township of
Willingham being questioned, say that they never saw him in flight, and
that [the appellor] never showed him to them. Likewise the jurors say
that in their belief he appeals him out of spite rather than for just
cause. Therefore it is considered that the appeal is null, and the
appellee is in mercy for a half-mark [7s.]. Pledge for the amercement,
Robert Walo.
22. William burel appeals Walter Morcock, for that he in the king's
peace so struck and beat Margery, [William's] wife, that he killed the
child in her womb, and besides this beat her and drew blood. And William
of Manby, the beadle, testifies that he saw the wound while fresh and
the blood in the wapentake [court]. And the serjeant of the riding and
the coroners and the twelve knights testify that they never saw wound
nor blood. And so it is considered that the appeal is null, for one part
of the appeal being quashed, it is quashed altogether, and William Burel
is in mercy. Let him be in custody. And William Manby is in mercy for
false testimony. Pledges for William's amercement, Richard of Bilsby,
Elias of Welton.
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