I had left off from the petty treason work for a bit, and was looking for mayhem stuff today, but somehow petty treason doesn’t seem keen to leave me alone – and this one caught my attention, in the Easter 1377 E KB plea roll: a Lincolnshire case involving an approver (i.e. somebody telling tales in an attempt to save his own skin) and an accusation of husband-killing, with a dash of adultery…
The roll notes that Peter de Walworth of Winterton became an approver before the king’s coroners,[i] and acknowledged that, on Thursday 30th January, 1370, he had feloniously killed Geoffrey de Stokes at Winterton, and appealed Robert de Nafferton, vicar of the church of Winterton, and Thomas, Robert’s servant, of being accessories, and also appealed Katherine, Geoffrey’s wife, of having consented to the killing, and abetted it.
Before another coroner, it was presented that Robert de Nafferton, and Peter, here said to have been his servant, had confined Geoffrey in the vicarage, in relation to a loan of money, and, on the aforesaid Thursday, murdered Geoffrey (it uses this word) with a hatchet to the head, and then buried the body in the vicarage pig-sty, to hide the murder. This presentment also apparently accused Katherine of consent and help.
The matter now came before KB, but it was said that Katherine had already been acquitted before GD Fri 28th February 1371 (and furthermore that she was ill now). A search was made, and the relevant GD entry found, which showed that a jury had indeed acquitted her.
This entry put the narrative of the offence in similar terms, though there are some nice touches, such as the phrase on intention/malice aforethought, an area of much debate in modern scholarship, which is ‘ex malicia longo tempore pr[a]ecogitata’, and a bit of scandal-mongering, or mud-slinging, accusing Katherine of adultery with Robert the vicar.
The coroner’s rolls were also examined, and these showed that Robert de Nafferton, alleged naughty vicar, had abjured the realm for this offence. Here and here are records of this abjuration – he was sent off to go to foreign parts via the port of (Kingston upon) Hull. Katherine had been charged and found not guilty. This can be confirmed by cross-referencing the gaol delivery roll entry here. She was now acquitted (again).
Well, briefly, there is an interesting narrative, with resort to an adultery story to tie in the woman. It is also interesting procedurally and socially, in terms of the long exposure of Katherine to the risk of being found to have killed her husband: if nothing else, it should show the extent of the impact of the law of petty treason on individual women – the apparent inability of the system to put an end to potential liability meaning that a substantial number of years of Katherine’s life are likely to have been affected. Pretty terrifying.