Tag Archives: Gwen Seabourne

Childish tricks and chastisement: a few hints from a fourteenth century trespass case

My own childhood was in the dwindling twilight of the age of corporal punishment: officially banned in England and Wales, it was nevertheless alive in the memory of schools. There was a thin, whippy, cane in the office of one headteacher – a slightly threatening relic – and there was one teacher in secondary school who, entirely illegally, but without anyone ever daring to report him, used an ancient dap (gymshoe!) on the backsides of offenders (boys only, in front of the class, and not in the trousers-down private school fashion: some sort of attenuated performance of former rituals, I suppose). My father, though, certainly had tales of school canings, and, for his generation and many before it, that was a normal part of educational technique. I was smacked as a child, for some of the worst of my many misdemeanours, and cartoon heroes like Dennis the Menace and Minnie the Minx certainly took their share of parental slipperings. All of this now seems very foreign indeed, but those just-about-retrievable memories help a little in thinking about historical cases like one I came across yesterday.

 

The case is a trespass case from the King’s Bench roll of Easter 1325. It is not in the educational context, though it seems to involve a young person of what we would consider school age – technically, I suppose, it is an ‘employment beating’ case rather than a ‘scholastic beating’ case. It is not earth-shatteringly different or new, but there are some interesting little snippets of information as to attitudes and assessment of behaviour in the area of reasonable chastisement and correction of children. It felt worthy of a quick note.

 

The marginal note tells us that the case is from Hertfordshire. It involved a complaint by Thomas, son of Edmund de Mareford, against William de Salesbury, parson of the church of Wheathampstead, and another man, William Rayemund. Thomas alleged that the two Williams, along with one other man, had assaulted him. They had, he said, in the usual, stereotyped formula, done this with force and arms and against the king’s peace: they had beaten and wounded him, and mistreated him, and done him other enormities, to his great damage (he claimed this amounted to £60). The apparent date assigned to the assault was 31st January, 1323, though there might be a slip here. In any case, the Williams did not make a thing of that. Instead, they denied that they had done anything wrong or against the king’s peace. Their version of events was that, on the day in question, Thomas was a garcio (groom or servant) of William de Salesbury, and was ‘within age’. (Quite what age this means is a bit vague, isn’t it, as there was not one ‘age of majority’ at this point). The Williams said that Thomas had been naughty, in some childish way, and had been guilty of some childish prank (quandam transgressionem puerilem).  (Again, it would be good to know more – I am still stuck in Beano mode and am thinking about buckets of water on doors or sneezing powder…). Because of this naughtiness, William de Salesbury had beaten him as a punishment (causa castigacionis) with a pair of small rods or sticks (virgula). It had not been a trespass, and was not against the king’s peace.

 

Thomas, however, stuck to his story. Both sides agreed to put the matter to a jury, which was duly summoned, deliberated, and came down on Thomas’s side. Thomas was to recover damages – not quite what he had claimed, but still a fair bit: £20. (How nice to have an actual outcome!)

 

There is a bit more about moves to get the money paid, and fines to the King, but  my main interests here are (1) what is said about the beating and (2) the pretty large award which is made by the jury.

 

The excuse

The excuse which the Williams tried to use obviously didn’t work, but, equally obviously, they thought it was ‘a runner’ – something which sounded plausible and which might get them off the hook. What does their attempted argument tell us? Well … it tells us that a beating might be regarded as reasonable chastisement and not contrary to the king’s peace, when and if:

  • the person beaten was under age
  • the person beaten was in the employ of the defendant
  • the person who was beaten had done something wrong – even a ‘childish transgression’
  • the beating was done with particular instruments regarded as reasonable/restrained (here, we have ‘a pair of small rods’ – whether that is a particular, specialised, instrument for spanking, or just some useful things which were to hand, I am not sure: further investigation needed here!)

 

 

The award

I am collecting figures for various sorts of physical injury damages, but haven’t got enough material to say anything much as to comparison (and sadly, of course, the record of Thomas’s allegation doesn’t specify quite what injuries were done to him).  Using the currency calculator from the National Archives website, however, tells me that Thomas could probably have bought 44-54 cows or 23-28 horses for this amount, so not bad at all, presuming he was not injured in some permanent way.

 

Thoughts

I am not sure that the case is going to be hugely useful to my current project on mayhem – I found it when looking for mayhem cases, but it is insufficiently detailed in terms of the injury suffered, to be helpful in understanding the borderline between trespass and mayhem/wounding. It is, though,  interesting to see small hints about what were perceived to be the boundaries of legitimate corporal punishment of children. They are only hints – as there is frustrating vagueness about a few key points – but still, it may contribute to wider understanding, when put together with and compared with other material about parental beatings, teacher beatings and adult employment-beatings.

I do find myself cheering on young Thomas here  and hoping that things improved for him after this case.

 

GS

28/11/2021

 

 

Image: St Helen’s Church in Wheathampstead, Herts. I have never been to Wheathampstead but I am sure it is a little piece of home counties paradise (How poorly-travelled I am – like the great and problematic Charlene, I have I never (knowingly) ‘Been to Me’, but nor have I been to Paradise … nor Wheathampstead …)

Edges and points: code-switching and weapon metaphors in a medieval sexual offence indictment

The King’s Bench plea roll for Easter 1435 contains an entry relating to proceedings against a clerk, Thomas Harvy, for alleged offences in Norfolk. Along with others, he was accused of ambush, assault and robbery, and, alone, he was accused of a sexual offence. He pleaded not guilty to all of the accusations, and, after some delay, a jury found him not guilty.[i] There is nothing unusual in any of this: experience with these sources has taught me that, despite that bloody reputation of medieval law-enforcement, acquittal rather than conviction and grisly punishment, was the norm in such cases.  The way in which the allegation is put, however, is unexpected, and, it seems to me, something worth drawing to the attention of scholars outside the small world of medieval legal history.

As will be obvious from my title, the unusual aspect to the entry is in its description of the sexual offence with which Thomas Harvy was charged.

Here it is, in free translation:

On Monday 11th January, 1434, at Bishop’s Lynn (now King’s Lynn) before William Paston, William Godrede and William Yelverton, and their colleagues, justices of the peace, the jurors presented that, on 1st October 1433, Thomas Harvy of Testerton, clerk (clericus) … broke into the house of  John Serjeant of Colkirk, at Colkirk, and attacked Margaret, John’s wife,  wounding her shamefully with a certain carnal lance called, in English, a ‘ballokhaftitdagher’, and so he continued to do until that day, setting a bad example etc., to John’s great damage and against John’s will.

What is going on, and why do I think that these few words are worth anyone’s time?

This part of the allegations against Thomas Harvy involved sexual misconduct, but was not on the usual spectrum of felonious rape and ‘ravishment’ charges seen in medieval common law records. It does not follow the pattern of rape charges, in that there is no allegation of ‘felony’, nor of ‘carnal knowledge’ against the will of the woman. It does not follow the pattern of ‘ravishment’ charges, in that there is no reference to abduction, nor any mention of the removal of the husband’s goods. The complaint is, rather, that the misconduct took place on (and continued to take place on) the husband’s premises. Despite the talk of wounding and weapons, there is every chance that this would have been understood by the (all male) jury, judges and the scribe who wrote the matter up on the King’s Bench plea roll, not to have been an allegation of rape (as they understood it) but an allegation of sex which was problematic only in that it was between parties who should not have been having sex, as opposed to being problematically violent or problematically non-consensual.

It would, in fact, almost be possible not to spot that this is a sexual offence: after all, with the attacking, wounding, and reference to lance and dagger, it sounds rather like a serious ‘general’ assault with authentically medieval weapons. I am fairly sure, though, that those weapons are not what they seem. Apart from the fact that a lance or spear would be an unusual weapon in a case of breaking, entry and assault, there are sexual/anatomical overtones to both ‘weapons’ mentioned. I would be inclined to question my reading (and perhaps wonder whether the ‘lance’ was some sort of butchery implement)  if there was only one of these suggestive ‘weapons’, but seeing both together makes a pretty strong case for seeing the ‘carnal lance’ and ‘ballock hafted dagger’ as evoking not actual weapons but metaphorical weapons, and to refer to male genitalia. Such a resort to metaphorical language is unusual within the generally unfanciful context of medieval plea rolls, but the use of weapon-imagery in relation to sex will not be unfamiliar to scholars steeped in literary sources.[ii]

I have come across the ‘carnal lance’ image on its own in a very small number of other cases.[iii] It is consistent with an idea of sex as a battle, or a joust, with the understanding that weapons were profoundly masculine items, and with the view that normal, un-transgressive, heterosexual sex was thought (at least by those who were in a position to leave clues to their views) to involve an active man and a passive woman, and a degree of force. The reference to the ‘ballock hafted dagger’ can be fitted into a similar pattern, but it is both less familiar and more fascinating. Some rapid research on a term I had never encountered revealed that ‘ballock-hafted daggers’ (more commonly just ‘ballock daggers’) were real weapons,[iv] with a characteristic guard, featuring two swellings clearly thought to resemble testicles. The sexual symbolism of the ballock dagger may be considered to have been enhanced by the fact that they were thrusting rather than  cutting weapons, and by the fact that they appear to have been worn hanging outside the clothing in the general area of the genitals.[v] No contemporary, surely, would have failed to ‘get’ the reference.

I am aware that I have blundered into the territory of the literary scholar. Having arrived here, however, I will, tentatively, note two further points of interest with regard to the ‘ballock dagger’ reference. First, it does seem to me to be a slightly different sort of imagery to that of the ‘carnal lance’. The material dagger is named after male genitals, and male genitals are suggested by the reference to the dagger. This strikes the non-expert at least as crude, in more ways than one. I wonder if my second amateur lit. scholar point is also connected with the ‘crude’, in a sense: while the rest of the record is in the high-status, learned language, Latin, this word is in the people’s language, English. There is considerable scholarship on the issue of ‘code-switching’ in the literary context, though less has been done on this practice in the context of the records of common law.[vi] It seems likely that use of an English word here would have had an effect – it is certainly arresting now, to come across it after line upon line of Latin – but speculation about just what effect that would have been is, I think, something to leave to those with deeper knowledge.

Retreating (more or less) to the home turf of the legal historian, it also seems worth noting a possible impulse from medieval common law’s own formulaic nature towards thinking and talking about interactions in ‘weaponised’ language. Those of us who spend long periods of time looking at plea rolls probably tend to filter them out, but in fact entries on these rolls are full of weapons. It was necessary to specify the exact sort of axe, knife or pike used to inflict a homicide, for example (and to set out its value). It was also usual to allege that a trespass was carried out with swords, bucklers and knives (even when it definitely wasn’t). The common law records fairly bristle with armaments, real and fictional, and that is another context within which these metaphorical expressions should be placed. I wonder if it is possible that the lance and dagger images were intended to perform a legal, jurisdictional function, moving Thomas Harvy’s misconduct from being the sort of illicit sex which would have fallen to the jurisdiction of the church to being the sort of peace-breach which sounded like the business of the royal courts.

This case did come to an end, as far as the process of the common law was concerned. Whatever the truth of the matter, Thomas Harvy was found not guilty. I am not going to offer anything so neat as a conclusion to this post. It is, after all, one of the advantages to blog posts that they do not have to follow the rules of the formal academic article game. Besides that, I do not want to conclude, suggesting that I have said the last word on any of this – I am sure that I have not, and nor do I want to. Another of the advantages of the blog post format is that it increases the chances of coming to the attention of scholars outside one’s own little niche, and this one will have accomplished something if its short and basic remarks can encourage a wider body of scholars – particularly scholars of language and literature – to think that there might be something of worth for them in the records of the medieval common law.

The inclusion in these records of the unusual form of expression which I have been discussing raises many questions. We may wonder whether, perhaps, this way of talking about sex and anatomy was widely to be heard in legal proceedings, but usually weeded out before the final plea rolls were produced. The relationship between speech and record in medieval court proceedings is, unfortunately, almost entirely unknowable. Those involved in the administration of common law were, of course, men of their world, and absorbed and reflected back contemporary literary trends and thought on the relationship between men and women. We can only speculate as to the effect on any women who did find themselves involved with this sort of clubby, ‘bantering’, hostile environment (and, though we cannot come to any firm conclusion, such as might be suitable for submission to a traditional academic journal, I think that it is rather important that we do speculate about this).

 

GS

3rd November, 2021

 

[i] KB 27/697 Rex m.5 AALT IMG 0183 contains a brief entry relating to a rape case. You can see a scan of the record here on the AALT website.

[ii] See, e.g., D. Izdebska, ‘Metaphors of weapons and armour through time’, in W. Anderson, E.  Bramwell, C. Hough, Mapping English Metaphor Through Time (Oxford, 2016), c. 14; C. Saunders, Rape and Ravishment in the Literature of Medieval England (Woodbridge, 2001), 42; R. Mazo Karras, Sexuality in Medieval Europe: Doing Unto Others, third edn, (Abingdon, 2017), 26, 151, 172; Robert Clark ‘Jousting without a lance’, in F.C. Sautman and P. Sheingorn (eds), Same Sex Love and Desire Among Women in the Middle Ages (New York, 2001), 143-77, 166. The Dictionary of Medieval Latin from British Sources (Brepols, 2018) suggests this meaning too, in its sixth variation on ‘hasta’.

[iii] KB 27/725 m. 31d; AALT IMG 567 (1442); KB 9/359/mm 67, 71; AALT IMG 141 (1482). The latter is mentioned in M. Mate, Daughters, Wives and Widows after the Black Death : Women in Sussex, 1350-1535, (Woodbridge, 1998), 48.

[iv] Ole-Magne Nøttveit, ‘The Kidney Dagger as a Symbol of Masculine Identity – The Ballock Dagger in the Scandinavian Context’, Norwegian Archaeological Review 39, no. 2 (2006), 138-50.

[v] Noettveit, 143.

[vi] See, e.g., G. Dodd, ‘Languages and Law in Late Medieval England: English, French and Latin’, In C. Barrington & S. Sobecki (eds.), The Cambridge Companion to Medieval English Law and Literature (Cambridge: Cambridge University Press, 2019), 17-29.

Image: daggers (reproduction) including, on the left, a ballock dagger. Photograph curtesy of Wikimedia Commons.

Why not let the women try?

Today’s searching in old law books for references relevant to my mayhem project took me to a book, and an author, I’ve not encountered before (though he has made it onto HeinOnline, and was, apparently, the author of some other, cracking-sounding reads on agricultural holdings, land and contemporary criminal procedure): John Wynne Jeudwine (1852-1928).[i] He was a barrister, a fellow of the Royal Hist. Soc., and clearly had a sideline in law and history books. The one I was looking at was his Tort, Crime and Police in Mediaeval Britain (1917) (a snip at 6/- !). I picked it up on an open shelf, but it is in fact also there on archive.org.  It did have a little bit which will come in handy in relation to mayhem and the tort/crime borderline, but also some excruciating views about one of the big issues of the day – the possibility of women becoming barristers like him (p. 239 ff, stop before you get to police and clairvoyance …)

I suspect that our John thought himself quite a wit and stylist, and he came up with the following killer (and in no sense self-satisfied) argument about the issue:

  1. Being a barrister (like him) is, like, super hard (Elle Woods would, later, get this so wrong)
  2. Most men can’t do it, coz, like, you have to have a really good personality (like him)
  3. Even fewer women would be able to do it, obvs, (‘not one in ten thousand’) because, like, to do that, they would have to have a weird, unwomanly, sort of personality (battleaxe, shrew, hag, etc., only really quiet?) ‘the rather hard, rather mediaeval [what??] temperament essential for the advocate [like him!]: a combination of courage, judgment and silence’. Those ladies! They can’t keep quiet, now can they?
  4. So why not let them try? Might be a laugh, eh?
  5. In any case, they could be useful for the rubbish bits of barristering, and go to the police court. There they could do things which ‘intimately concern’ women – bad mothering and having verminous children, and, it is implied rather than set out explicitly, being a ‘common prostitute’, soliciting etc. This would be good for them, and for the law, because, apparently, men didn’t know about women’s stuff and women don’t know about ‘the conditions attending a life of poverty’ (well, apart from the ones with vermnous children or being accused of soliciting, I suppose …). Excellent!
  6. And obvs they shouldn’t have to wear a wig. [This is really important, and I am sure Helena Normanton and her sisters would have been glad to take up the suggestion that ‘[surely] their artistic sense [women are naturally artistic, innit?] could be trusted to design some academic headgear suitable to the woman lawyer…’ [I mean, wigs are stupid, but possibly better than a woman’s hat of that period would have been… think of the classic early women barrister pictures like this one without those wigs!).
  7. Or charge the male going rate (the dears were not to be ‘tied down’ to charging the same as men – clearly that would be ridiculous!).

 

Sorted! Thanks Mr Jeudwine!

Wonder how he reacted to the entry into the profession of women. I suspect some of the trailblazers would have made mincemeat of him [when not suppressing a desire to talk loudly about the best design of hat, and how great it is not to have to get paid the same as other barristers!]

[i] Times, Tues 1st Jan, 1929, p. 1.

Manicules and many hands: a little musing on the wonders of AALT

Like just about everyone who writes about the early history of the common law, I am a heavy user of the digitised manuscripts on the Anglo-American Legal Tradition website. They were especially valuable during the worst of the pandemic, of course, but many of us had been using them regularly long before that. Even for people living in the UK, it is often not feasible to get to the National Archives (ludicrously expensive and time consuming getting to central London by rail, and then out to Kew) and that is as nothing compared to the fun and games which researchers from other parts of the world must encounter. That being so, easy online access has been an enormous bonus. I realised just how much I had come to rely upon it, when AALT was unavailable for a few days last academic year, and I felt decidedly panicky. This morning, I have been doing a bit of leisurely searching in AALT plea rolls (I know it’s Saturday, but I definitely need a distraction from the ominous sounds of offspring packing for imminent departures to university… ) and, in best Carrie Bradshaw fashion (if the ever-profound lead of Sex and the City had been a legal historian), ‘got to thinking’ about the changing experiences of legal historical research which I have had, since I started out in the 1990s.

My first real encounter with medieval manuscripts came as a PhD student – up to that point, it had mostly been transcribed and translated things in the Selden Society volumes and similar publications, with a few early modern bits and pieces to do with the Bank of England when I had a job as research assistant at the Law Commission, including working on the repeal of parts of the early legislation regulating the Bank. I designed a project for the Ph.D., making the somewhat arrogant assumption that I would be able to just bowl up to the Public Record Office (as it then was) and read eyre rolls, to locate presentments and prosecutions of usurers and offenders against price regulations. Obviously, it soon became apparent that it would take quite a while to get to grips with the great and contrary membranes, the script and the abbreviations (not to mention the springiness of some of the tightest rolled ones, and the fear of handling some of the crumblier-edged ones). It is odd to think that just about everything I traipsed down to Chancery Lane to examine is now available with a few clicks on the AALT site. Just as well for the state of the records that present day versions of Ph.D.- me can have their clumsy hands kept off precious pieces of legal heritage to a great extent.

The experience of looking at the rolls online is, of course, not quite like ‘the real thing’. There is something special in making physical contact with the work of long-ago clerks. But there are also positives in using the scans. It is possible to expand the picture, to help make out more obscure words (or make a better guess, at least…). It is easier to go back and check something than is the case when using physical records. And then there is a certain charm in the online site itself. I am sure that others could add to the list, but there are two things that strike me about it, quite regularly. The first, and  more trifling, is a by-product of frequent use of the site – the odd misfire in searching for the site means that I have become unusually well acquainted with: (i) Aalto University in Finland and (ii) a Dutch serial killer nicknamed ‘Aalt’.  The second is to do with hands.

‘Hands’ can mean different things to people in the nerdy manuscript-fancying community, of course: perhaps first of all we’d think of writing styles and individual quirks. A lot of puzzle-solving entertainment to be had there, for those who like that sort of thing. Then we might think of manicules – the little pointing hands we see in the margin of manuscripts, indicating cases or things that the clerk thought might need to be found again, or which should be noted. What I am mostly thinking about, though is actual, present day hands: the springy nature of the rolls sometimes makes it necessary to hold them down whilst they are photographed, with the result that the AALT shots contain numerous images of the hands of those creating the digital archive – shots like this one.  That is going to be a sort of manual immortality one day, isn’t it? (Especially if the MSS themselves become more frail and less accessible). It certainly gives an inkling of the general effort involved in making these images available to anyone who wants to see them, and I find it a really interesting additional piece in the story of the handing on (!) of the information contained in the rolls, from one generation to the next.

GS

25/9/2021

Photo by Sebastian Dumitru 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), 1423 (& same incident). 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

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?

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