Tag Archives: Devon

Drawn-out in Devon: a mayhem match

Here’s Another Year Book/Plea Roll match: YB Pasch. 6 Henry VII pl 1 f 41b appears to be KB 27/919 m. 29.[i] It is a case from Devon, Walter Chapman v. Thomas Preston and others, and it’s one of those in which there is a line of argument/pleading in the YB which was clearly given up, so does not appear in the PR.

According to the plea roll, Walter Chapman appealed Thomas Preston of Teynton Drew [Drewsteignton], husbandman, John Wheddon of Chagford, yeoman; and Robert Blakehey of Teynton Drew, husbandman, for mayhem and breach of the king’s peace – though it was breach of the peace not of Henry VII, who, in 1491, was on the throne, but of Edward IV, who had been in charge in 1481, when the injury was allegedly inflicted.

Walter’s case was that he was in the peace of God and Edward IV, at Spreyton, on 22nd March, 21 Edw IV (1481) at about 8 a.m., when Thomas, John and Robert came,[ii]  feloniously, contrary to the king’s dignity etc, lying in wait and assaulting Walter. They attacked his legs in a slightly jarringly non-symmetrical way: while Thomas went for his right leg, with a bill worth 2s (evidently a two handed weapon) the three others went for the left leg, John wielded a clubbe bound with iron (8d), Robert used a more basic clubbe (2d), and Richard brought to bear a Welsh bill (20d). The same thing happened to both legs as a result, however, the veins and nerves were ‘restricted and mortified’ and his leg became useless. Thus they feloniously mayhemed him.

After the usual words about pursuit, and offer to prove things, Thomas and Robert denied it and put themselves on a jury. John came up with a different plea, however, saying that he and Walter had reached a settlement, giving Walter 40s in full satisfaction for the wrong. This, he said, had happened quite soon after the injury, on 1st May 1481. Walter denied that a concord had been made.

The YB report ends up focused on an argument about a possible concord as well, but also discloses a ‘non-runner’ line of argument: it was about the injury itself, with a defendant (which seems to be John) praying that the court view the injury and see whether or not the plaintiff (Walter) was maimed. There seemed to be some doubt, and certainly a view that the defendant would necessarily lose if the court found that the injury was indeed a mayhem (so would not be able to plead a lack of guilt, for example). In this version, the defendant retreated from this to plead a concord instead – a less risky plea.

The YB also has some material on the offence itself, which does not correspond to the plea roll account. It says that the defendant could not be bailed because of the heinous nature of the offence – the plaintiff’s legs had been broken on a threshold. Quite why that is particularly bad is not clear to me. In addition, and perhaps inconsistently with its own story, it says that the bones were shown to the court. This is inconsistent if this was part of a viewing at the behest of the defendant, but might not be if either it was the plaintiff who insisted on showing his injuries, or if the bones shown were body-parts which had been separated from the plaintiff himself.

So what? Well:

  • quite interesting to see a leg mayhem case: there aren’t too many of those
  • also quite interesting to see the differences between YB and PR
  • a good confirmation that such actions could be settled
  • tantalising evidence about investigation of physical injury
  • indication that these actions could go on for a very long period of time.

And, of course, there is also just the trainspotterish joy in coming up with a PR/YB ‘snap’.

 

GS

5/4/2024

[i] Earlier stages: AALT Page (uh.edu) AALT Page (uh.edu)

[ii] (with another man, Richard Michel, miller, but he was not present here)

 

Image – pretty church somewhere near the scene of the alleged crime.

More mayhem matching

The attempt to ‘stitch together’ the severed members of Year Book and plea roll mayhem cases goes on … (yes, I am pleased with that stretch of an image …) with a possible identification, from the reign of Richard III. It’s not exactly a body in a Leicester car park, but I think it solves a smaller-scale mystery, as far as we ever will.

The Year Book report, YB Mich. 2 Ric. III pl. 38 f.13b, noted here in Seipp,  has ‘a man of Devon’ bringing an appeal with regard to an alleged mayhem, involving the knocking out three of his teeth,[i] and the breaking of his nose, so that he lost his sense of smell. There was some debate as to whether this (presumably the nasal aspect) amounted to mayhem: the rules did seem to suggest that neither nose injury nor loss of the sense of smell would fit those standard definitions of mayhem which tied the offence to loss of fighting capacity. As is frequently the case, we do not get a final outcome in the YB.

Looking at the relevant King’s Bench plea roll, I found a possible contender for a match, though only if we are prepared to assume that there was some change in pleading (or some alteration in the tale of sensory deprivation, as well as the county, between the court-room and the report …

This is in the KB plea roll for 1484 Michaelmas, KB 27/893 m. 69 and 69d (here and here, courtesy of AALT). It is a case from Middlesex rather than Devon, and is an appeal brought by Thomas Gate against Sir Oliver Mannyngham. The allegation was that, on Tuesday 13th February, 1481, a certain William Palmer had lain in wait for Thomas at Westminster, and had assaulted Thomas with a knife called a ‘hanger’, held in his right hand, hitting him in the head (all of his actions, naturally, being done ‘feloniously’).[ii] It was claimed that this blow had damaged the ‘veins and nerves which illuminated the right eye of Thomas’, so that he lost sight in that eye, and that, as a result of the violent blow, one of Thomas’s upper front teeth had also fallen out. Oliver Mannyngham was, so it was said, an accessory to this felonious conduct by Palmer.

Oliver’s defence was that there had actually been an arbitration and a settlement, at Westminster on 13th February 1483, with both Thomas and Oliver submitting to the judgment of Sir William Hastings and Sir William Huse. The (English language) arbitration award is copied, and involves a payment of 100 marks from Oliver to Thomas, for the ‘trespasses, offences and hurts’, and no further trespass action, the money to be paid in two years. So, was Thomas trying to pull a fast one, and get double recovery, making Oliver pay up for mayhem as well as the trespass settlement, or had Oliver not paid the money? There was disagreement as to whether he had paid in an acceptable way, and the case was kicked on into the next term.

It is not impossible that that case had some influence on the YB report, even if it is not ‘the one’, as it had a sensory deprivation idea, though admittedly not the sense of smell.[iii] Probably the better match, though, is one which can be seen in the next KB plea roll, KB 27/894 m. 36, here.

This one is a Devon case, and we see Edward Rudmore bringing his appeal of mayhem against John Bell, lately of Parkham, Devon, clerk, Baldwin Seller of the same, husbandman, and six others, husbandmen, a yeoman and a ‘gentleman’ (John Colebroke, lately of Chittlehampton, Devon, who might be more likely to be traceable than the ‘lesser’ folk). The allegation was that they had lain in wait for Edward at Parkham on 1st June 1483, at about 10 a.m., and that John Colebroke had hit him across the face with a sword (worth 2s, all, as ever, ‘feloniously’). Six teeth (front ones) were said to have fallen from his mouth from the violence of the blow. The ‘across the face’ stroke in the story, as well as the Devon location, and the teeth (if we skate over the difference in number), would seem to make the identification stronger. And, though there is no mention at all of the nose/smell issue, surely a good whack across the face with a sword would be likely to strike the nose.  The YB report also mentions accessory issues, which are present here – the others, apart from the sword-swinging ‘gentleman’ were present, encouraging and helping etc., in the plea roll account.

The likeliest reconstruction would seem to be that the nose/smell issue was severed (sorry!) from the rest of the appeal at some point during the pleading game. Since six front teeth would certainly work for a mayhem, on the classic definitions, the other part was not really needed. So, reasonably confident of the identification, and things to think about, both with the characters involved, and also with what to make of the attempt to include the olfactory aspect in the appeal. One for the mayhem book.

 

GS

26/3/2024

[i] Despite the translation in Seipp, these are ‘anterior’ teeth.

[ii] The site of the blow brings one of those interesting insights into ‘educated lay’ knowledge of anatomy – with a translation of anticipem as ‘the fore part of the hed’.

[iii] Certainly some of the trespass/mayhem language and the arbitration procedure will be worth some further excavation.

Medieval monastic mental disorder: an ‘insanity plea’ from Tavistock Abbey

A few more ‘insane felony’ cases have come up in recent trawls of gaol delivery rolls, in the last part of the fourteenth century, bringing with them some variations on vocabulary, procedure or facts, which seemed worth noting.[i] At some point, I will get around to pulling all of this together, but, until then, these occasional posts will at least put them ‘out there’ for anyone with an interest.

Today’s intriguing entry is in a gaol delivery roll for a session in February 1369. It involves the tale of a monk, said to have killed a cook. Walter Thynnewode, a monk of Tavistock Abbey, had been arrested for the killing of Stephen Lyoun, a cook from the abbey kitchen. The killing was reported to have occurred in Tavistock on Sunday 5th February 1368, and Walter had been indicted before a coroner for the deed. Walter pleaded not guilty and put himself upon a jury. The jury said that, on the relevant day, Walter had been a lunaticus and insane memorie. He had left the Abbey at night (the implication is, I think, that he wanted to depart on a more than temporary basis). He encountered Stephen, who tried to bring him back to the abbey. Walter, being, at that time, non compos mentis, stabbed Stephen in the abdomen with a knife, and Stephen died. Walter was to be sent back to prison ‘until the next &c’.[ii]

 

So what?

Well, it’s the first time I have seen a monk in this context, so that is a little bit interesting. On the whole, the legal stuff is nothing particularly new: we know that insanity of particular kinds worked to avoid the consequences of actions usually deemed felonious. We might wonder, though, at the willingness of the jury to overlook the fact that Walter does seem to have been able to form an intention to leave the abbey, though they decided his mental disorder explained the killing of poor Stephen the cook. It is noteworthy that it is assumed that Walter had, by the time of the case, made a  recovery from his serious mental disorder: he is now pleading competently, for himself, and care is taken to restrict the ‘madness words’ to his past self. Another piece of evidence suggests that he was re-integrated into the community at Tavistock Abbey quite quickly, and not held in any sort of confinement there, since (unless there were two men with the same name) he was accused of illicit hunting on Dartmoor, in the company of his abbot, two other monks and various other local men, in 1371.[iii] Of the cook, Stephen, whose apparent attempt to enforce monastic discipline on the erring Walter (or, perhaps, to restrain him in his disordered state), no further trace appears to remain.

 

GS

18/4/2021

 

 

[i] For previous posts on this topic, see: Mental incapacity | Bracton’s Sister (bristol.ac.uk)

[ii] AALT Page (uh.edu) JUST 3/156 m. 36 (AALT IMG 83).

[iii] See G.H. Radford, ‘Tavistock Abbey’, Report & Transactions of the Devonshire Association 46 (1914) 119-45, 128; CPR 1370-4, p. 172.

Prophecy, ‘pagan’ magic and promises of wealth in medieval Devon

Here’s a colourful tale from fourteenth century Devon, showing an apparent scheme to fleece the locals using exotic claims to magic power, and playing on their greed.

The story comes out in the King’s Bench plea roll of Michaelmas term 1374, though it refers to events of quite some years earlier – in 1345, and a presentment before justices in Devon in 1354.[i] The tale was that  Gervase Worthy, Geoffrey Ipswich and William Kele had come to the home of Rouland Smallcumbe at Barnstaple, and had spun a yarn to his wife. Their patter was that they were rather more exotic than the sort of people she was likely to have met, being converted pagans (pagani – I’ll have to look into just what that word signifies at this period, but it’s clearly some sort of ‘non-Christians’). Presumably as a result of their claimed questionable past religious status, they were believed when they claimed special powers: they could tell fortunes, including how long a person would live. They also said that they had other gifts, and worked on Rouland’s wife in such a way as to get her to believe that they could make precious items reproduce themselves. They got her to give them all her gold, silver and jewels, and other valuables. When she handed them over, Gervase convinced the gullible woman that he had put these in a chest, but in fact, it would seem using some sleight of hand and misdirection,  he had made off with them. Getting her ‘invested’ in the magical process in a way modern magicians (or fraudsters) would appreciate,  Gervase locked the chest, and took away the key, instructing Rouland’s wife that every day for nine days she should go to the church for three masses, and that she should not open the chest, When he returned, as he promised to do after that, with the key, her jewels, in the box, would have doubled! The rogues did not come back though, and the desperate woman broke open the chest. Sadly, she did not find the promised increased hoard, but a piece of cloth full of lead and  (non-precious) stones. The presentment did not stop with this, however, but ascribed to the gang’s fraud another serious outcome: as a result of this deception, the woman became ill and soon died.  It was also noted that the gang had made 200 marks across Devon by similar ruses. There does not seem to have been a conviction, however, and who knows whether there was any truth in any of this, but there is always something to take away from these unusual entries.

The elaborate ruse, with the idea that people (women in particular?) might be bamboozled by tales of exotic magic,  says a lot about popular ideas of the existence of magic, but also its association with trickery. The combination of ‘pagan’ magic with Christian practices (note the masses), and the fact that the rogues claimed only to be former pagans – they were now safely Christian, so had the powers of the exotic pagan, but not the untrustworthiness – gives clues about ideas on non-Christians, and also their limitations. The idea of precious things breeding more precious things puts me in mind of usury (money breeding money – which was bad). And finally the idea that the poor woman’s death was thrown in as a bit of an afterthought – caused by the fraud in a sense, but not the main complaint – and the deceased never is named beyond the labelling as some absent man’s wife –  is something of a comment on the place of women in the medieval common law, isn’t it? If only somebody would write a book about that …

GS

4/4/2021

[i] KB 27/455 Rex m.29 (AALT IMG 340). The earlier presentment is at JUST 1/198 m. 8 (IMG 3622).

 

 

Photo by Roman Kraft on Unsplash

Not sparing the rod: a fifteenth century schoolmaster’s defence

The King’s Bench plea roll for Trinity term 1410 has a trespass case which sheds a little light on ideas about discipline in medieval education.

John Bolter v John Fferlogh (1410 KB 27/597 m. 44d; AALT image 0382) is a Devon case. John Bolter alleged that Fferlogh had assaulted and beaten him in Ottery St Mary, on Monday after the feast of All Saints in the first year of Henry IV (Monday 3rd November, 1399). Fferlogh’s attorney denied any wrongdoing, saying that, at the time in question, Bolter had been ‘of tender age’ and had been his pupil, learning grammar, living with him at Ottery St Mary. Bolter, he said, had frequently got himself into the company of bad boys, and company which did not befit his status, was not learning either grammar or good morals nor obeying Fferlogh. Fferlogh had taken action to chastise and inform Bolter, had removed him from the bad company he had been frequenting, told him off and had chastised him with a small rod on a number of occasions, and it was stressed that he (Fferlogh) had not beaten him through malice, but only in this way.   Bolter stuck to his story that this was a trespass and Fferlogh to his excuse, and so the matter was sent out to proof.

As ever, it is impossible to say whether or not Fferlogh was telling the truth that he had acted only in the manner he stated, or whether he might have acted with a different intention, or more violently. It is interesting, however, to see what both sides presumably regarded as appropriate chastisement. Fferlogh’s story would not have been stated in this fashion, had such chastisement, for such causes, at such a level, been regarded as inappropriate. Note in particular the insistence that the rod in question was ‘small’ – suggesting a degree of thought about what was legitimate practice in informal corporal punishment, and the construction of a test in terms of size of weapon as opposed to damage to the person being punished. Such a rule would later be said to have applied in the context of marital chastisement.

Finally, it is interesting to note that the former pupil had waited so long to bring this action – perhaps only doing so once he was of an age to start his own litigation. No limitation principle operated to stop him doing so.

GS 31/1/2014

For an earlier ‘school corporal punishment’ case, see William Cornewalle of London, taverner,  v. Adam Aas, vicar of the church of Oakley (Beds) CP 40/430 m.241d (1368). This is also an allegation from some time before – from 25 Edw III (1351-2). Adam claimed that William was his pupil, and he had his him as was customary, with a rod, (no size specified) for his faults. The jury did not agree with Adam’s defence, and William was awarded damages.  Both cases are quite illuminating on the subject of what was regarded as ‘reasonable chastisement’ in the educational context, and show that grudges could be borne over long periods for perceived brutality. Also, it is interesting to note that the jury here found it perfectly plausible that a cleric might be brutal to his pupil.