Category Archives: crime

Peas, grass and battle beyond The Last Duel

Lots of interest in the merits, and historical accuracy, or otherwise, of the big new film The Last Duel. I hope to go and see it, though feeling a little unsure as to whether I want to sit in a cinema with a load of strangers during current circs. I have the book though, so planning to read it this weekend.

I am not going to presume to comment on the film’s medieval French context, since I am definitely not an expert on that, but, since I suspect that there will be some general wondering about the idea of trial by battle, a little bandwagon-jumping and a couple of quick musings on this from a common law point of view might not go amiss.

For many years, in my Legal History classes, I have included something on proof, including trials by ordeal and by battle. It tends to capture the attention of students just a touch more than the development of the strict settlement and the Bill of Middlesex, for some reason. It is one of the useful areas to push students’ imagination a little, and to try and get them to see beyond the Whiggish distinction between ordeals and battles (stupid) and juries (great and totally unproblematic). With ordeals, there is the fantastic article by Kerr et al.[i] to give them to read, and a case to be made for there having been something of value in the so-called ‘irrational’ mode of proof, when compared to contemporary alternatives. Battle is rather a harder sell, and I confess that I tend to send students off to read the articles by M.J. Russell,[ii] and then in class go for cheap shock value and do Ashford v Thornton in a slightly Horrible Histories way … There is obviously more to say than general agog-ness at the late extirpation of the possibility of TBB though. The gender aspect is, of course, important – women were not supposed to engage in TBB, and do not seem to have done so (though there is one slightly bizarre 15th C story about a duel being ordered between a female accuser and a Franciscan friar, who was supposed to fight with one hand tied behind his back![iii] I have spent vain hours trying to track that one down …) Then there are the accounts, in chronicles and legal sources of battles themselves, and the procedure which they followed, or should follow. Some of these are extremely impractical and ritualistic – with weird weapons, a lot of formulaic language and rules. I was reminded, the other day, when looking for something completely different, that another thing which is really fascinating is the fact that those fighting a TBB took an oath against sorcery.

I stumbled on this version in The Boke of Justices of Peas (printed 1506),[iv] in its little ‘how to’ guide to holding a trial by battle, and was enchanted (!). It’s prescribed for an approver (man who had ‘turned king’s evidence’ and was trying to save his skin by accusing another man of felony and then beating him in a TBB):

‘This here you iustice that I have this day neither ete ne dronke nor haue upon me Stone ne Grasse ne other enchauntement sorcery ne witchecrafte where thoroughe the power of the word of God might be enlessed or demenysshed & the deuylles power encresed and that myn appele is true so help me god and his sayntes and by this boke &c.’

[Justice, hear this: I have not eaten nor drunk today, nor do I have upon me stone, grass or other enchantment, sorcery or witchcraft which might serve to diminish the power of the word of God, and increase the devil’s power, and that my appeal is true, so help me God and his saints and by this book etc.’]

Seems a bit harsh not to let the poor devil eat or drink, but fits with the general religious ritualism of this sort of thing. What about the magic though … what ideas does that reveal about ideas as to how TBB worked, and how it could be derailed. It does seem to suggest that God could be foxed by a magic stone or grass (magic grass – new to me – I assume it is the green lawn stuff, and not some special other early modern meaning – sure somebody will tell me if I am wrong …), which is a rather interesting theological position, when you think about it. Belief in magic is one thing, thinking it could actually transcend the human world and put God off his stride, when intervening to say where the truth and right lay in a trial by battle is several steps further on, I would say. It just seems a really fascinating meeting of two sorts of supernatural belief. And it is made all the more striking as the formula for the duel goes on to bar human intervention to help one side or the other – by advice to take advantage of the opponent, or  physical help. It is as if the magic thing and the weighing in of spectators are on a par, equally likely![v] Possibly the supernatural issue can be rendered a little less blasphemous by thinking that the idea behind it must be that the magic grass etc. could skew the result by acting on the bodies of the combatants, rather than on God. Seems a bit weaselish, but maybe that works.  Feeling once again as if I have a lot to learn! It’s certainly something to think about as we enjoy the big film (or book …) and as we approach Halloween.

GS

16/10/2021

[i] Kerr, MH, Forsyth, RD, and Plyley, MJ, ‘Cold Water and Hot Iron: Trial by Ordeal in England’, Journal of Interdisciplinary History 22.4 (1992): 573-95.

[ii] Russell, M. J., ‘I Trial by Battle and the Writ of Right’, Journal of Legal History 1.2 (1980): 111-34 ; ‘II Trial by Battle and the Appeals of Felony’, Journal of Legal History 1.2 (1980): 135-64; ‘Trial By Battle Procedure in Writs of Right and Criminal Appeals’, Tijdschrift Voor Rechtsgeschiedenis 51.1 (1983): 123-34.

[iii] Bellamy, John G,  The Law of Treason in England in the Later Middle Ages (Cambridge, 1970), 145; Eulogium Historiarum, III, 389.

[iv] Glazebrook, P. R. The Boke of Justices of Peas, 1506 : With an Introduction by the General Editor (London, 1972). It’s a book which sounds slightly unpleasant if you are a Scot (add the peas and it is all a bit graphically vomity). It is a collection of various ‘templates’ for legal proceedings which might have seemed useful to somebody acting as a JP, or one of his officials. The material is not particularly new – it’s 15th C stuff, perhaps quite a bit from the reign of Henry VII, but earlier than that too.

[v] The no sorcery rule appears in  older sources too– see Russell (1983) above, p. 132.

Photo by Artie Kostenko on Unsplash

Mustard mastered: a tortuously-explained death in medieval Kent

A King’s Bench plea roll entry for Michaelmas 1374[i]  informs us about the legal response to the death of an agricultural labourer, John Mustard, in Kent.

The entry notes that there had been an inquest on the body of one John Mustard, which resulted in the indictment of Simon de Kegworth. The inquest was taken at Earde, Kent, on 3rd August, 1374, and the inquest jury said that events had unfolded as follows…

The scene: John Mustard, who was one of Simon’s workers, along with others of Simon’s servants, was at work tying up sheaves of peas (not quite sure of my agricultural correctness there – sheaves of peas sounds a bit odd – but it’s what the words say!) at the hour of vespers in a field called Priestfield in the hundred of Litley, and vill of Earde…

Action #1 – things get a bit tasty:  Simon came to his servants and as he arrived, John Mustard, who was drunk, spoke to Simon in contemptuous words (which, of course, the record-creators felt the need to preserve for us …). John said that Simon was an idiot (fatuus) and [rough translation!] was no more use than pigshit.

John continued the insults as everyone went on with their agricultural tasks (gathering things up before an expected rain-soaking). Sadly, these ‘even more contumelious’ words are not recorded. It is a shame, because it seems to have been these unrecorded words which tipped Simon over the edge.

Action #2 – Simon loses it, but absolutely doesn’t wish to harm John, and doesn’t cause his death: Simon had a willow staff or club – we are told that this was something he carried in the autumn – and he threw it at John. This, it is pointed out, was meant to frighten John out of continuing his disrespectful words. It may have stopped the words, but it did not knock the fight out of John – he took the staff in his hand and threw it back at Simon. After this, Simon was apparently scared of John, he being so drunk, and drew out his knife, throwing it at John. This, we are told, was to make John want to flee, rather than to do him any harm, but  by misfortune the  knife ‘fell’ onto John’s back, wounding him. This wound was ‘small, neither deep, nor wide, nor mortal. John did die, but this was because the wound was widened and opened by his agricultural work, done afterwards. The jurors insisted on pointing out that John was, at the end, not drunk, and that he did not die of the (initial) wound.

Simon, presumably confident that he would not really be in danger of being hanged for this, turned himself in at once.

So what?

Well, this is interesting to me in a few ways. I do love a good insult – it feels like a real connection to the speech of the past, despite the omissions, and the translation. There is a fair helping of ‘humans don’t change that much’ in my instinctive response to reading the sort of verbal mud (and worse) they allegedly fling at each other in such cases. It gives us some useful information about what was seen as acceptable and unacceptable conduct in the master-servant relationship There is more to late 14th C labour relations than the Ordinance and Statute of Labourers. I suppose it also tells us something about medieval inebriation and attitudes to it (though I have to say I don’t quite understand why we need to know about John’s level of intoxication at the time of his death – is this to do with the state of his soul?).From a legal point of view, iIt is also instructive to see fairly obvious fiddling with the path of causation assigned to the death, in order to avoid serious consequences for a favoured killer. Here, Simon responds to drunken insults with physical force – there is no way that throwing things, including throwing them at a man’s back, fits the usual stereotyped formula for self defence, but the jurors here clearly thought that John Mustard was ‘asking for it’, and did their best to soften the conduct of Simon, to explain it and to put the best possible spin on his intentions.

In the end, Simon’s confidence was well placed: though indicted for the death of John, he received a royal pardon, on 7th November, 1374, and so was sent off ‘without day’ by the King’s Bench,[ii] to return to his pea-gathering in Kent, presumably.

GS

24/9/2021

 

 

[i] KB 27/455 Rex m.32, AALT IMG 348

[ii] Pardon CPR 1374-7, p. 34.

Photo by Avinash Kumar on Unsplash

Total eclipse of the hearth: a characteristic medieval method of low-level extortion?

Something which has caught my attention when working through many, many accounts of alleged violent offences in medieval court records is a particular method of extorting money by torture, which is specifically ‘pre-modern’: making the unfortunate victim sit on a burning tripod until he or she stumps up. See, e.g., cases from rolls of: 1332, 1337, 1348, 1355, 1381, 1406, 1407 (& same incident) and 1423. There is also a similar case involving burning somebody with a griddle or grate, to get them to say where some jewels were, from 1433).

I suppose that it first struck me as interesting because it sounded so odd – and so specific (and, as a kid, tripods had a special, troubling, place in my heart, both as a required construction of a ‘gadget’ for the guide Camper badge, and as the terrifying villains of the John Christopher books and TV series). A moment of reflection, however, and I realised that a tripod, and a hot tripod at that, would be a common feature of medieval homes, supporting cooking vessels in the hearth. No sci-fi or uniformed organisation reminiscing required.

I find myself asking why this appears to have been a relatively plausible tactic for those trying to get a person to cough up money or do something else to benefit the offender. Why not just use a knife to threaten? Everyone seems to have had a knife, judging by the number of deaths by stabbing on the rolls, after all. Perhaps the answer is a combination of factors:

  • the ‘sit on a tripod’ practice caused pain as well as exerting mental pressure, perhaps speeding the whole process up; might there also have been something humiliating for the victim about being injured on the buttocks?
  • as long as it wasn’t prolonged unduly, it probably wouldn’t cause death – whereas waving a knife about could always end in a stab wound, blood, death.

There are certainly signs that it was regarded as potentially very damaging, though: an unsuccessful allegation of 1330 saw three people (two men and a woman) indicted for having, at ‘Burnecestre’ (really!) , taken and tied up one Alice Garlicmonger and put her on a burning hot tripod, naked, until she made fine with them, burning her ‘enormiter’ and ‘usque ad ossa’ (the latter is interesting from an anatomical point of view – coccyx? femurs?). The three were found not guilty anyway, so no prospect of further interrogation of medieval ideas of the construction of a backside. A roughly similar attack on a male may be seen in the case entered on the KB roll of 1423. Here, a chaplain was allegedly given the hot tripod treatment, whilst naked (at least in the relevant area) – contact was made with his nude members and fundament. ‘Members’ could just about be limbs, but ‘fundament’ is pretty clearly bottom-related.

Some of these, e.g. the 1337 case, mention a causal connection – here, the ‘enormouL gs’ or ‘outrageous’ burning was done in order ‘to get more money’.  ‘The entries don’t always have the burning as connected to the taking, but I think that must be the idea. Can’t rule out gratuitous cruelty, I suppose.

I am not sure that there is anything obvious to do with these, but perhaps I will find something some day. For now – it’s a little curiosity to share asynchronously with anyone who ever stumbles along this way. Pray for me, and you are welcome.

 

GS

18/9/2021

Image – sort of hearth. No, not medieval. General idea …Photo by Zane Lee on Unsplash

If I could Tourn Back Time: Jurisdiction in the Fifteenth Century (Again)

Another little bit of Year Book/Plea Roll matching – this came up tangentially in a bit of petty treason research today, and seemed worth a quick word and thought.

When I say matching … it is not quite an ‘X = Y’ situation: more of an X probably = Y, Z or A.

The Year Book case is YB Trin. 6 H VII f 5 pl 4 (Seipp 1491.020). The plea roll entry is one of three possibles on the King’s Bench roll for Trinity 1491.

The candidates are:

  1. KB 27/920 Rex m. 5 (AALT IMG 209) This is a case from Berkshire before John Horne, in which Richard Patte of Sulhamstead, clerk, was alleged to have raped a widow, Margaret Huys, lately wife of John Phelippe.
  2. KB 27/920 Rex m. 3d (AALT IMG 463) This also comes from Berkshire, from John Horne’s tourn. John Hyde, recently of Sonning, clerk, was alleged to have raped Elizabeth, wife of James Trell.
  3. Yes, it’s Berkshire and John Horne again! KB 27/920 m. 3d (AALT IMG 465): Stephen Bregyn, clerk, was accused of raping Alice Robyns, wife of John Robyns.

Or perhaps it is an amalgamation of all of them – since they are all saying the same thing.

The YB case is not about petty treason at all – though there is a passing reference to that in the reported argument – it is a case about jurisdiction over rape. Who could hear rape cases? Could low-level criminal courts hear them? Let me be up-front about one thing: there is a difference between YB and PR in terms of which courts are mentioned – the YB is interested in courts leet, whereas the PR entries are all about sheriffs’ tourns. Since there is nothing on the roll specifying courts leet, I think I have to assume that one of these is the best match. Possibly these tourn cases prompted a wider discussion of low-level jurisdiction.

The successful argument against lower courts having jurisdiction in this area, as it appears in the YB, is that they only have jurisdiction over felonies if they existed at common law rather than having been created by statute, and rape as a felony was a creature of statute. A choice had been made to limit such jurisdictions, and/or that it was seen to be fitting to keep them to the things they had been able to do ‘since time immemorial’, or at the time of the (certain or assumed) grant of jurisdiction.

The issue about sheriffs and rape jurisdiction was not new – I wrote a blog post about this issue as it arose in 1482, in the not-too-distant past (it’s here). A bit odd, then, that tourns are still being used in this way, and it’s still thought worth reinforcing via YB reports that this is not OK. Suggests something of a lack of influence of common lawyers on practice in the low-level criminal jurisdictions, I think (though, as ever, I am ready to be told that I am missing something important …). I do wonder what was going on with John Horne’s tourns in Berkshire.

As far as the rape cases themselves go, well, nothing very surprising. the accused  all ‘walked’ after having paid a fine to the king (to save the bother of a trial for the trespass element of the charges).Each of these fines was 5s – a pretty common amount, according to the list of fines in the plea roll – and, according to the National Archives currency converter that represented about 8 days of wages for a skilled tradesman. Moderately costly then, I suppose. Whether or not there was any other settlement, compensating the women themselves, will remain a mystery.

GS

13/9/2021

 

Image – to fit in with my contrived title, it’s a medieval clock! From Salisbury Cathedral. Yes I do know that isn’t in Berkshire, but best I could do. From Wikimedia Commons.

 

Death and betrayal amongst the medieval ‘Chipping Norton set’: (yet) more on petty treason

Not too long ago, I noted a case from 1418/19 in which a woman called Marjory appealed two men of offences relating to the death of her husband, John Chaloner, only to be appealed herself for this same death, and being convicted, and, apparently, burned, for ‘petty treason’ (see this blog post). Well, now another of these double appeals has turned up: cue a bit of comparing and contrasting!

A pair of entries on an Oxfordshire gaol delivery roll for 1407 tell us that Emma, widow of John Handes, had come and appealed Roger Sutton of the death of John her husband, giving the required pledges for prosecution. Her appeal alleged that, on Wednesday  6th July 1407, at Chipping Norton, Roger had killed John with a dagger (price 1d), feloniously. Rather than pleading guilty and going to jury trial, as I was expecting, Roger decided not to put up a fight – he said he could not deny this, and so all that was left for a jury to do was to appraise his assets. There was not much to appraise: there were, apparently, some clothes, worth 20d, but no land or other goods or chattels beyond the clothes. The man himself was to be hanged.

The second appeal was by William Handes, brother and heir of the deceased John. He appealed Emma of the death of John, and his pledges to prosecute were noted. His appeal explained that Roger had done the actual killing, but Emma advised and ‘consented’ to it. She was also alleged to have paid Roger for his felonious work (2s). Unlike Roger, Emma was ready to fight. The jury found her guilty though, and sentenced her to burn. Emma had no assets, it was recorded. She did not burn, however: first she had the sentence deferred, by claiming pregnancy, and having this confirmed by a ‘jury of matrons’. Generally, deferral means deferral, but, in this case, this period seems to have given Emma a chance to seek a more permanent way to avoid execution: according to the patent roll, she was pardoned.[i]

Spot the differences?

Clearly, the later Chaloner case and this one share a basic pattern: W appeals X for the death of H; H’s brother and heir appeals W. X and W are both sentenced to death; W claims pregnancy. There are obvious differences, in that the pregnancy claim is accepted in Emma Handes’s case, but not in Margery Chaloner’s, and in that Emma manages to secure a pardon (whereas, as far as my investigations have been able to establish) there was no such pardon for Margery.

Another difference is that there is not the intriguing overlap in personnel in the Handes case which we see in the Chaloner case: in the latter, both of the widow’s pledges to prosecute were apparently relatives of the deceased husband, including the brother who would appeal her; in the Handes case, that is not obviously the case. Following on from this, while I do wonder whether there might have been some pressure or deception in the Chaloner case, helping Margery to bring an appeal against others, and then appealing her too, to ensure that everyone involved was convicted, or, indeed, to get rid of somebody who would have had claims on the deceased’s property) it is harder to see that in Emma’s case. It is still hard, however, not to be suspicious that the motives of her brother in law in appealing her might not have been entirely about getting justice for his brother.

It is worth a brief word about the pregnancy deferral-pardon element of the Handes case as well. Here we see the jury of matrons in action. The fact that they found her to be pregnant suggests that she was in a fairly advanced state of pregnancy, but the months allowed to her presumably gave her a chance to make her request for a pardon. Just what lay behind that is unclear – was the allegation of her involvement found to be trumped-up nonsense, or was there some other reason for the exercise of mercy? The short note of the pardon does not tell us, unfortunately.

A final intriguing element is that, as well as her pardon for the conviction on the appeal brought by her brother in law, Emma Handes also received a pardon for another appeal, in this case brought by a certain Roger Taillour of Chipping Norton. Could this be the same man as Roger Sutton? And where is this approver appeal? I haven’t turned it up yet, though it seems unlikely that it is made up. If it does exist, it brings in yet another dimension to the case – some sort of odd vicious triangle, which certainly needs some more thinking about. There may be another instalment, if I find more …

 

GS

12/9/2021

[i] CPR 1405-8, pp. 371, 470, 10 Oct 1408.

Image – slightly gratuitous church. It’s St Mary’s Chipping Norton. Well somebody probably went there at some point, in between all of the killing and accusing, didn’t they?

Tourn-up for the [Year]Books: a Somerset sheriff’s jurisdiction

A quick Year Book-Plea Roll probable match: I think Seipp 1482.119 (YB Mich. 22 Edw. IV) is the same case as this one, from the Michaelmas 1482 King’s Bench plea roll (KB 27/884 m.1d; AALT IMG 0518).

The case concerns an indictment of rape, made against John Wheler of Bridgwater, in Somerset, chaplain. He was accused of having, on 20th March 1482,  broken into the house of a certain Alice Lye[i] , at Huntspill, attacked her, raping her and ‘having carnal knowledge’ of her, against the king’s peace.[ii] The matter had been presented in a sheriff’s court – the ‘tourn’ of Richard Morton esq. – on 4th April, 1482, at Highbridge, Somerset.

It will come as absolutely no surprise to anyone who has looked at this sort of material to find that the whole thing fell apart, and the accused chaplain walked free. In this particular case, the route to that expected conclusion was not via the blank ‘not guilty’ of a jury, but via the ‘you don’t have jurisdiction’ route: sheriffs were not supposed to hear such serious ‘criminal’ cases.

I suppose we might conclude, or muse about, a couple of things from this:

  1. There does not seem to have been agreement that this was something beyond the powers of the sheriff. (As a matter of fact, the KB roll for Trinity 1482 contained another rape case from the same sheriff’s tourn, in, from a tourn on 30th April 1482. This time, the accused man was Robert Cutteclyffe of Wells, chaplain, and the alleged victim Cecilia Wever, the attack said to have taken place at Burton. In this earlier case, however, a different technical fault was found with the process.) The YB report of what I take to be the Wheler case includes a lengthy discussion of the background to rape/ravishment as an offence, its statutory or non-statutory origin being taken to be crucial in determining whether or not a sheriff had jurisdiction here.
  2. Despite the incredibly low rate of conviction, men from relatively small communities did bother to prosecute alleged (clerical) rapists. Maybe use of the sheriff’s tourn for this suggests a lack of faith that other courts would do anything. There is something of a tendency to write off such action as not in good faith, as a sort of extortion of those who kept concubines. But does it, perhaps, rest upon an assumption that clergy would not be likely to take advantage of their position to engage in abusive sexual practices? Or on a desire to find that women were more ‘agenty’ than they might appear. The accused clergymen do seem to have been able to find a number of ways of challenging cases brought against them, but it is important to accept that that doesn’t tell us anything about the truth of the allegation, one way or the other. There is, no doubt, a great deal which is lost to us, in terms of what went on out of court: compensation, private settlement, or settling of scores, and no particular reason to think that the same sorts of facts underlay all or most cases.

GS

31/8/2021

[i] There is no more information about her.

[ii] Note, no mention of her will.

Rough and ready music: listening to the records

Expectation management: this is not very profound, just something I saw today which struck a chord, resonated, etc. [insert other music-related references …]

It’s a line in a plea roll entry from the reign of Edward IV, from Easter term 1482.[i] The case is not a pleasant one (well, it is in a ‘criminal’ roll …). You know it’s going to be serious when the word ‘coroner’ appears early on – and this starts with an account of an inquest, on 10th January 1482, before Suffolk coroners, at Halesworth, on the body of John Hensted, who had been killed there.

John Hevnyngham, knight, and William Jenny, sjt at law, had been at Halesworth on 29th December, 1480, on a royal commission, dealing with a case about land rights, between John Laveraunce and William Goderyche, and were in a room of an inn called the Hart, in Halesworth.[ii] The inquest jury (and an indictment founded upon their narrative) said that  a certain William Wingfeld, recently of Spexhall, Suffolk, got together a group of malefactors [6 men named, no amusing names, so I shall omit them – all grooms, tailors and similar] and attacked John Fayrechild, servant and clerk of William Jenney, as he was coming towards the room. They would have killed John F, had he not defended himself with a small ‘daggarr’ (note contrast with their swords and other not-small weapons …).  Despite his heroic defence against the odds, the group overpowered John F and ‘decked’ him. Again, he was in peril of death, and would have been a goner, but was rescued in the nick of time by loyal types, ripped from the hands of the ne’er-do-wells and taken into the room.  Wingfeld and his gang then started on John Hensted (who was in God’s and the king’s peace – it doesn’t actually say whether he was involved in the John F episode, but I imagine that is the idea …) and wounded him multipliciter et crudeliter, so much so that they killed and murdered him [never use one word where two will do …].

Afterwards [and this is the bit that grabbed me] one of William Wingfeld’s men, the groom Nicholas Petyt. celebrating John H’s death, said, in his native tongue, ‘I shall blowe a mote[iii] for his deth’ and straight away blew a high (or loud?) blast on a certain horn [which he  happened to have about his person – though I suppose that is plausible …and rather appropriate with the whole hart/white hart theme …]. William Wingfield said, also in English ‘a man of Jenneys is slayn. I wold it had lighted upon his master’, and afterwards, William W and gang fled. William W received the others, knowing what they had done.

Later, in the King’s Bench, William W and four of his men turned up, waving a royal pardon which said the charge had been malicious. Who knows whether that was true or not, or what happened to Nicholas Petyt, who was not included in the pardon.[iv] An interesting bit of creative dialogue creation (‘verbals’ is the word that comes to my mind – have just been watching a rather good documentary series about ‘bent coppers’ in London in the 1960s-80s, who favoured this sort of elaborate lie when ‘framing’ individuals ..) anyway. Whether or not these words were spoken, why would they be included in the narrative? Is Petyt’s supposed remark, and celebration, about indicating definite guilt, inconsistent with the sort of hot-blooded, hot-headed killings which might be passed over as undeserving of capital punishment?[v] Might the words attributed to Wingfeld have been an attempt to suggest that he had wished to strike at a royal official, and get him into more trouble?

No answers to those at present, but here’s one I might do better with: why did this entry appeal to me? Well, I think there is something engaging, for the modern reader, in the ‘code-switching’ between Latin record and English reported speech in these records: it almost feels a bit comic, despite the situation, and it gives a sense of performance, of throwing the hands up and saying ‘do you know what, this is not going to work in scholarly Latin, here’s what was actually said …’ I know that there is a lot of work on this in literary studies – macaronic works etc. – but I think that plea rolls are a bit neglected as a linguistic/literary production, and that it would be very interesting to get legal historians and lit. scholars together to look at what these sources can tell us about English, and the sound of medieval England (or plausible versions thereof) at some point. It has been done to some extent with defamation, but there is a lot more in there, if you have the patience to do a bit of ‘listening’.

GS

29/8/2021

 

[i] KB 27/882 Rex m.9; AALT IMG 173,

[ii] Excitingly, there is an old pub called the White Hart in Halesworth. A quick scan shows claims that it goes back to the 17th C – could it be the same one? Image above is its sign.

[iii] According to the ME Dictionary online, a ‘mote’ is one note on a hunting horn. New one on me.

[iv] The pardon is calendared: CPR 1476-85 p. 242

[v] Note that Petyt is accused, alone, of the offence, here (and next membrane) and here. And he is called a ‘vagabond’ rather than a groom … interesting ‘spin’ going on somewhere … This one is v. close to the story on the plea roll, but implicates the others, and doesn’t call him a vagabond! The matter of ‘vagabond’ as an ‘addition is debated in a (connected?) YB report here.

Canons and knives: death (and treason?) in a medieval priory

A ‘query petty treason’ case today – while I am most interested in the ‘husband killed by wife’ cases, it is worth remembering that the Statute of Treasons 1352 gives other examples of ‘sort of treason because against the natural hierarchical order of things’ cases. I do have some ‘servant kills master/mistress’ cases on my ‘table of doom’, but there is much less available in the other category – killings of abbots by their monks. Here, though, on two Cambridgeshire gaol delivery rolls,[i] is a case from 1403 which is, if not quite ‘monk on abbot’, tantalisingly adjacent to that. Having been very pleased with myself for finding it, I discovered that those hard-working early 20th C local historians had been there before me: there is a one-page account of the documents (complete with old style roll numbering) in The East Anglian vol. 13.[ii] Slightly miffed for a moment, but then, actually, I quite like making this sort of connection. Maybe one day somebody will do the same with this post … (delusions of being Emily Dickinson, or something, there …).

Anyway, on with the story. The deceased in this case was William Gilbert, priory of a rather small foundation in Cambridgeshire (I confess I had never heard of it) called Spinney. A bit of basic research reveals that this was a house of Augustinian canons, and, at the relevant time, had only a handful of residents.

The inquest before a coroner was held ‘ on 19th May, 1403. The story noted down from the twelve inquest jurors[iii] was that three canons of Spinney (also said to be confratres – ‘brothers’ of the deceased), John Lode alias John Catesson, Thomas Smyth, and William Hall, had killed him that same day (note speedy start to proceedings!). The killing, as described, was fairly drawn out. John Lode stabbed William Gilbert under the left arm, Thomas Smyth stabbed him in the back. William Gilbert then managed to get away into a different room, but the trio broke the door, and Thomas stabbed William Gilbert through his left arm, and his side, to his heart. It is carefully specified that each of the first two stab wounds would have sufficed to kill WG, had there not been another one.[iv] The geographical as well as physical locations are specified – the initial stabbing was said to have taken place in the priory church, and the final wound, in the priory’s hall, to which William Gilbert had fled in his failed escape bid.

The three were found guilty by a jury, at the gaol delivery session on 20th  July 1403, but escaped execution because they were able to take advantage of benefit of clergy, and were ‘claimed’ by the ecclesiastical authorities.

Petty treason: teasing out the definitional implications

What does all this tell us about petty treason? The account does use the language of treachery or treason – the trio had risen up like traitors, but note that the bond highlighted is not that between the killers and their prior, but between the killers and the king (tanquam proditores domini regis manu forte proditorie). If they were really seen as traitors against the king, it seems surprising that they were allowed benefit of clergy. What am I missing? And does this case show that canon-prior just was not seen as analogous to monk-abbot in this context? The reference to ‘fellow brethren’, as Palmer translates it, suggests a less ‘vertical’ relationship, doesn’t it?

Canon to the right of him, canon to the left of him … thoughts on the social implications

Assuming this is anywhere near true, it does make life at the priory of Spinney sound rather grim – a conspiracy against its leader involving what was probably the bulk of the others in the house. Note, though that one person did rather nicely out of it all – the sub-prior, who escaped indictment, and stepped fairly seamlessly into the top job once the dust settled …

 

GS

22/8/2021

 

[i] JUST 3/8/6 m.58 (AALT IMG 106);  JUST 3/190 m. 5 (AALT IMG 13).

[ii] W.M. Palmer, ‘Murder of the Prior of Spinney’, p. 104.

[iii] (who, I note, included a certain ‘Willamm Schakespeare’ … there you have it – evidence that W. S. was actually a member of the Undead …).

[iv] I am by no means an expert, but that third wound, right through an arm and side, into the heart, sounds as if it would have had to be particularly forceful. I also note that William Hall is not reported to have struck a blow at all. But then accessory liability – or treating as principals all with any sort of participation in the killing – was certainly ‘a thing’ in these cases.

Image: where the priory would have been if it was still there, but it isn’t. All sorts of symbolic ..

Neither loving, nor honouring, nor obeying the law on petty treason?

Today’s tale of less-than-happy relationships comes to you courtesy of entries on legal records from   1439.

A record of the Inquest at Bromham, Bedfordshire, on 18th May, 1439, on the body of Alice wife of William atte Halle of Bromham, labourer, notes the jurors’ view of events leading up to Alice’s death. They said that Alice had been pregnant, and suffering from a variety of complaints (whether pregnancy-related or not is unclear), and William had made the decision to kill her. On 7th May at Bromham, he had a certain dish (a posset? it would seem to involve milk curds – the word is balductam) made, and put various venemous powders in it, i.e. arsenic and resalger),[i] and gave the dish to Alice to eat, saying that it would make her well, and, believing his words, she ate, and was immediately poisoned, swelling up, being ill until 17th May, and then dying of that poisoning. He had, therefore, feloniously killed his wife. There is more: a record relating to the gaol delivery at Bedford on 30th July, 1439 notes that William was there because he had been indicted for having feloniously killed Alice, by putting poison (arsenic and resalgar) in her food on 7th May, so that she had died on 18th May. Above the entry, unless I am misreading it, we see a note that he was found guilty, and ordered to be drawn and hanged.

So what?

  1. The medical and personal information

There are some nuggets in the inquest record which are worth noting.

The account of the poisons used suggests a knowledge, and an availability, of these substances, down to a relatively lowly level. As for the swelling effect, and the lingering for 10 days, that is something which might be of interest to medical historians – is that plausible? Can we say anything about that without knowing how much was allegedly used, and how would one know that swelling was due to poisoning as opposed to pregnancy or other pre-existing conditions?

The narrative of William’s lies about the food being likely to help Alice get better also tells us something about plausible relationship dynamics: a wife would be likely to trust her husband; a husband of ‘labourer’ status might be involved in his wife’s care. I suppose it also tells us something about accepted nutrition for sick pregnant women.

  1. The sentence

Drawing and hanging was the classic punishment for ‘petty treason’. I have been collecting examples of spousal homicide for quite a while and I had got used to seeing a nice (well, not nice at all, but you know what I mean) neat distinction between the treatment of W kills H (= petty treason, those convicted are burnt) and H kills W (= ‘just’ homicide, those convicted are hanged). This looks like a court – or somebody – ‘getting the law wrong’ then. Maybe it’s just a ‘blip’, or maybe it shows us particular distaste for this offender, or these facts. On the face of it, it is presented as a ‘normal’ homicide – all we get in terms of motive is the usual ‘malicia’. There is no use of ‘treason words’ like proditorie, as we might see in a servant kills master, or W kills H case. There is the idea of William ‘imagining’ Alice’s death, which is something of a link with ‘high’ treason jurisprudence. Other factors which might be relevant are (a) the poisoning and (b) the pregnancy. Poisoning would be singled out as particularly worthy of spectacular punishment in the next century.[ii]  Might this suggest a whisper of a previous connection between treason and poison? As for pregnancy – well, the question of the common law’s attitude to the foetus, and its possible ‘rights’ is a huge topic, which I plan to get into rather more in the coming year, but suffice it to say at this point that, while it was thought worth mentioning by the inquest, the pregnancy is not mentioned in the gaol delivery entry, which, I think, is some indication that it was not considered to be the key to the raised level of offence.

An interesting oddity then, and I will have to work out how to fit it into my ‘spreadsheet of doom’ on petty treason.

GS

17/8/2021

 

[i] We’ve come across this combination before in the lore of spouse-offing: see this post.

[ii] ‘Acte for Poysoning’ (22 Hen. VIII c. 9; SR 3, p. 326).

Image: general theme of love and such … this one is clever but just a little sinister. Or maybe that’s just me …

Photo by Tim Marshall on Unsplash

Justice for Maud! A message from the rapid rebuttal unit for possibly maligned medieval women …

This morning, a blog about medieval divorce was drawn to my attention by Twitter. Much of it was interesting – including an account of the matrimonial misadventures of the last Warenne earl of Surrey which I have long used as an example for my Legal History students, when we look at matrimonial law. There was one point that raised the hackles a little, though: the unqualified statement that Maud Neville, wife of William de Cantilupe, had killed her husband in 1375. This is a bit questionable – but note my maturity in not blasting off a comment on Twitter, but instead noting the difficulty here, where, given the obscurity of the location, it is unlikely to cause a heated debate.

The death of Cantilupe has aroused the interest of a number of historians, and Maud was indeed accused of involvement. She was, however, acquitted (KB 27/459 Rex m. 39). While an acquittal clearly does not ‘prove innocence’, and while one can certainly interpret the documents in a way which makes of them a good story, including a bit of illicit sex and a dash of duplicity, and suggests a plausible scenario involving Maud’s guilt, however, it is questionable simply to ignore the fact that she was acquitted and to treat her guilt as obvious. Does it matter, all this time later? Well yes, I think it does.  It is worth asking why the narrative of the adulterous and schemingly murderous wife, which is  suggested by the reconstructions of modern historians, is so much more … seductive … than the evidence of a contemporary acquittal that the latter is given absolutely no weight.

Right. That needed to be said. Now I can get on with what I am supposed to be doing today.

GS

3/8/2021

Photo by Thomas Ashlock on Unsplash