Tag Archives: homicide

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Slow Burn to No Burn: sex, death and survival in fourteenth century Somerset

How nice it is to be able to get at the treasure trove of scanned plea rolls on the AALT website (AALT Home Page (uh.edu) ) once again, after the storm/power disruption of recent weeks. Back I go to my searches of KB 27 plea rolls. I am looking for information on my projects for this year and next year, but, from time to time, other things pop up, and seem worth a brief word.

Today’s plea roll fun comes to us courtesy of the King’s Bench roll for 1359H.[i] (So we are post-appearance of Black Death, pre-royal decline and war with France going poire-shaped). It is a record of a presentment by jurors from different hundreds in Somerset, and deals with quite a long-running case.

The jurors, in summer 1358, before royal justices at Yeovil, presented that Philip de Clyfton had been involved with (adulteravit cum… carnaliter cognovit) a married woman: Joanna, wife of Philip Maubaunk[ii], during Philip M’s life. Sinful and scandalous, obviously, but the main offence which was relevant to a secular jurisdiction was the next bit: Philip C and two servants of Philip M, whose names the jurors said they did not know, had killed Philip M. Specifically, Philip C and the servants had ‘intoxicated’ Philip M, at Yeovil, with poison (unspecified, let’s be honest, it was probably supposed to be something in his food rather than the old snake in the bed, but nice pic, isn’t it? And it fits in with the whole poison-woman-Eve-serpent-sin vibe).

This, so the story went, had all been done with the encouragement and assistance of Joanna. It had, allegedly happened a long time previously, in June 1342. Joanna had been arrested and appeared in court before the King’s Bench at Westminster, in early 1359. She was asked how she pleaded to the charge of aiding and abetting the felonious homicide, and said she should not be obliged to answer until proceedings were (re)started against the alleged principal, Philip C. She was bailed to appear in the KB at Michaelmas. Proceedings against Philip C were then resumed, until, at Easter 1360, the sheriff of Somerset reported that Philip C had died in his custody at the beginning of the year. As far as the court was concerned, the fact that Philip C, who was indicted as principal, was dead, meant that he could not be convicted according to the law and custom of the realm, and that, in turn, meant that Joanna had to be acquitted.

 

So what?

Well, there are a number of things to think about here.

  1. The slow burn… If this is not a complete fabrication, it looks as if we are seeing action being taken against alleged killers (or some of them) 16 years or more after the alleged killing. Why? Had Joanna and Philip C gone off to a happy life of carnal knowledge somewhere else? Did nobody care about Philip M? Was there some late confession or slip, spilling the (poisoned) beans? The allegation in 1358-9 was one of poisoning, with the involvement of both wife and servants – the sort of thing which, generally, was taken extremely seriously, with added extras to the execution of convicted offenders (drawing as well as hanging for male servants, and burning for wives who killed their husbands) and which, of course, had been confirmed as a sort of treason by the Statute of Treasons 1352. It is puzzling that it took so long to be resolved (to the extent it was resolved).The passing of time allowed Joanna to avoid trial and possible conviction, and, in fact nobody actually stood trial for this alleged offence.
  2. The accessory/principal issue. It is interesting that a rule was upheld, allowing accessories a ‘get out of jail (and the risk of execution) free card’, if the principal died. It doesn’t seem entirely logical to me, and seems rather to encourage a certain amount of bumping off amongst former partners in crime. That’s one to investigate/ponder on some more. Just what was the relationship between the amenability to conviction of the principal and of the accessory?
  3. Venomous words. A smaller thing, but an interesting one. I note that ‘to poison’ and’ to intoxicate’ are used fairly interchangeably here, whereas we would now differentiate between them somewhat, in terms of deadliness, intention or focus. Another matter to bear in mind, and one which may have some bearing on the interpretation of other records which include only one of the two terms. We cannot necessarily assume precision and set boundaries of meaning in the use of these ‘medical’ terms.
  4. Oh yes, sex. The words describing sexual acts or relationships are always interesting. Here we have a description slightly different to those I usually encounter in common law records of offences: carnaliter cognovit is familiar enough (and rather unilateral), but adulteravit cum suggests bilateral activity. All rather more complex, or equivocal, than the idea that the medieval concept of sex was a man doing things to a woman. Then again, there might just not have been the words in the clerk’s Latin vocabulary to translate what was actually said (let alone what was actually going on – if anything was).

 

So – Joanna was ‘one who got away’ from the medieval common law; but was she also ‘one who got away with it’? As ever, we’ll never know.

 

GS

28/2/2021

[i] KB 27/394 Rex m. 16; http://aalt.law.uh.edu/E3/KB27no394/AKB27no394fronts/IMG_2821.htm

[ii] There is a Maubaunk family of a fairly high social status, appearing, e.g. in the Inquisitions Post Mortem: see TNA C 134/82/4 (earlier). There is a Philip Maubank of Dorset, whose full age is being proved in 1333: TNA C 135/35/1.  CIPM vol. 10 no. 530 (Edw III File 147) has Philip M and Joan – in summer 1333 Joan, late the wife of Philip M, is in trouble for not turning up to the proof of age of a young man whose lands she has in wardship.

Categories of incapacity in medieval common law: the ‘fatuous’ Warwickshire killer

As small footnotes to the work of others on medieval law and mental capacity, I have noted a few interesting cases of medieval individuals being excused or pardoned their felonies by reason of their insanity – most recently focusing on a couple of cases of ‘lunacy’ which were expressly linked to the waxing and waning of the moon. Here is another case which goes a little outside the usual categories and vocabulary of lunacy, idiocy, fury and frenzy, which came up in a Plea Roll search today.

The King’s Bench plea roll for Easter term 1334 incorporates, in its Rex section, the gaol delivery pleas from the session in Warwick. One of the Warwickshire cases,[i] from the hundred of Kington has in the margin beside it not one of the usual process notes – acquitted, hanged, sent to prison etc. – but the big, bold, word ’fatuus’. The entry states that Richard Kyng of Herberbury (Harbury?) chapman, was arrested for killing Robert Deyvilla at Moreton (Daubney) at some point earlier in 1334. He had been indicted for felony before the coroner. He was brought into court by the sheriff and asked how he wished to plead, he answered ‘fatuously’, his speech and actions showing diversa signa fatua. Enquiries were made, so the entry tells us, as to whether the accused had been ‘fatuous’ at the time of the killing, and before, subsequently and now, whether he was feigning this in order to excuse himself from a finding of felony, whether he might get better (‘fury’ is mentioned here). The jury responded that Richard had become ‘fatuous’ two years before the killing, he was ‘fatuous’ at the time of the killing, and still was, and had been consistently ‘fatuous’ for the whole period, and his apparent ‘fatuous’ state was neither feigned nor the result of some other infirmity. Richard therefore went ‘without day’ (i.e. he was not found a felon). His relations were told to look after him (that tricky word custodia is used here, with all of its potential for confinement as well as care) with dark hints that it would not go well for them if his custody was neglected (so that he caused further danger).

Points of interest

Well, it is no surprise that a medieval court would not regard as a felon one who was not mentally capable, nor, really, that he would be entrusted to the care (or ‘care’?) of his relatives, but it is interesting to see some of the vocabulary and ideas here.

I have mentioned that ‘fatuus’ is not common. What did it mean? It is almost impossible to equate with modern ideas – either legal or medical – in this area. I was proceeding on the basis that it was a similar idea to ‘idiocy’ (very roughly, learning disabilities) rather than lunacy/fury/frenzy (which seem to indicate violent, flaring, conditions), but then there was use of ‘fury’ as well, and the fact that the jury said that the ‘fatuity’ had come on at a particular time, rather than having been present throughout life, as one would perhaps expect with ‘idiocy’. The lack of information in the entry about the homicide itself makes it more difficult to get an idea of how Richard was being perceived. So, for the moment, big question mark, and a slight suspicion that these words and ideas were not as neatly separated as I would like to make them. Instructive in itself, I suppose.

I was also interested to note the questioning as to whether the condition might be feigned, in order to avoid a finding of felony, and the awful consequences of that. There is a parallel here with questions which were asked about people who said nothing at all, when they were asked to respond to a charge of felony. Jurors would be asked whether this was because they were unable to speak, or whether they were perfectly able to speak, but were keeping silent in an effort not to allow the case to proceed to a conviction (‘standing mute of malice’, in later parlance). In both cases, juries were considered able to weigh up the reality of the apparent affliction. To a certain extent, this can be explained in terms of the jurors’ identity as some sort of neighbour-witnesses (yes, I know there is a debate about that, but they were at least able to bring in outside knowledge) in that they would be likely to be aware if the accused had suddenly and suspiciously become mentally incapable, or unable to speak. Another way of looking at it is that mental incapacity was considered something fairly ordinary and apparent to one’s community.

So – another little puzzle-piece in to add to the heap. Off went Richard to the tender care of his relatives, and the court went on to the next case.

GS

9/10/2021

 

 

 

[i] KB 27/296 m. 13d (AALT IMG 331)

Veins, venom, a ‘leech’ and a canon: suspicions in medieval Cornwall

[There is an updated version of this here].

Something interesting turned up in my plea roll trawling today (or at least it is interesting if you are interested in medieval crime, medicine, religious houses or Cornwall). …

In 1431 (reign of Henry VI), a ‘leech’ (medical practitioner) and a canon of the Augustinian Priory of St Stephen at Launceston fell under suspicion following the death of John Honylond, who had been prior of the same house. As two indictments and two plea roll entries show, the accusation was that John Leche, also known as John Lowell, leech, of Launceston, had killed the prior, both by poisoning his food and drink and also by a cutting procedure (per succisionem), aided and abetted by Richard Yerll, one of the canons of Launceston Priory. The accusation described the killing as false, felonious and treacherous. It also explained that Leche had been retained by the prior since 1427, after he had performed a surgical procedure on the prior’s leg, presumably giving satisfaction on that occasions. No reason was given for the alleged homicide, in regard to Leche or to Yerll. The allegation that the killing was done treacherously (proditorie) is interesting (for those of us who like that sort of thing), in that it hints at even more disapproval than the usual description of such actions as ‘felonious’. It does not really say anything about the subjective intention or state of mind of the alleged offenders, but it shows that there is a possibility that this might be regarded not ‘only’ as felonious homicide (which would be punished by hanging), but as ‘petty treason’ under the 1352 Statute of Treasons (the punishment of which would include ‘extras’ in the shape of being ‘drawn’ as well as hanged). The statute singled out for specially brutal and spectacular treatment homicides which offended against particular hierarchical relationships: wives killing husbands, servants killing masters, religious killing their superiors. Women in these categories would be burnt, men drawn as well as hanged. Richard Yerll, if guilty, would seem to fit reasonably snugly into the category of ‘monk and abbot’ – perhaps there might have been some scope to argue differences in the relationship between monk and abbot in other orders and canon and prior in the Augustinian order. John Leche is a bit more difficult to see as falling into the category of ‘petty traitor’. He was, in modern parlance, more of an ‘independent contractor’ than a ‘servant’ of the prior.

The common lawyers did not, however, get a chance to get their teeth into either of these thrilling areas of potential legal squabbling, since the case never really got anywhere. Yerll appeared as required, but, since Leche, the principal, did not turn up, the case was delayed. Matters went on in the usual desultory fashion until 1438. Leche was acquitted in 1431, but, for reasons which are not clear, process against Yerll was not officially stopped until 1438. This anticlimactic dribble of an ending is not unusual: it was rare indeed for plea rolls to show convictions in this period. Correlation between the findings of juries and the facts of any case is not to be assumed. We will never know whether there was a conspiracy to bump off the prior, which is frustrating, but it is interesting to note the raising of suspicion against the medic in this case. Obvious questions arise: was this part of a more general suspicion or criticism of what may have been aggressive surgical interventions? Was there personal animus against Leche, Yerll or both? It may be that there is more which can be found out about the leading players, but, at the moment, during our own health emergency, the records relating to the priory, in Oxford and Cornwall, which might help here, are beyond my reach. I will, therefore, have to leave it there for now, in the hope that I will be able to flesh it out in the future.

References

KB 9/225 mm. 39, 40 (AALT IMG 77, 79)

KB 27/681 m. 6R (AALT IMG 161); KB 27/686 m. 4dR.

GS 14/6/2020