The Easter 1457 record and report of a Hereford appeal make intriguing reading. I will be examining several aspects of this case in my forthcoming book on women in the medieval common law. It is also of great interest for the history of Herefordshire and the Welsh marches in this troubled period, for the history of the ‘Wars of the Roses’ and for the history of subjects’ rights and due process of law. The case is Agnes Glover v Walter Devereux, William Herbert and others, YB Pasch. 35 Hen. VI f. 57b-58b; Seipp 1457.022. I identify this with KB 27/784 m. 85 (AALT image 180).
Agnes brought an appeal against Walter and several others (thirteen others are named in the plea roll) for the felonious homicide of her husband, John Glover, dyer.
The accused defended themselves by saying that the dead man had been convicted. at a session of the peace held at Hereford, of aiding and abetting ‘J.W.’, the murderer of one ‘J Vowant’, (who might, I speculate, be a Vaughan, connected with, or to be identified with Watkin Vaughan, killed in 1456). JW and the deceased husband were, they said, arrested tried, pleaded not guilty but convicted and hanged. The accused said that they were ready to show this and that they were not guilty of felony.
The Year Book dwells on the argument as to whether this was correct pleading, or whether they should just have pleaded ‘not guilty’. Were things different when someone in authority, as opposed to some stranger, had executed a man, and his widow claimed that this was done without proper process or warrant? There are some interesting discussions of the rights of widows and heirs of felons more widely, and of the scope of orders for execution.
The report gives more information about the accused – prominent men many of whom seem connected to the Herbert/Vaughan families. It also sets out Agnes’s case. She or her lawyer made the hanging of John Glover sound as much as possible like a lynching.
Most of the accused did not turn up. Matters dragged on and in the end, Agnes appears to have given up (or settled the case informally) and the accused were acquitted. We cannot know whether John Glover was indeed guilty, but, even if so, Agnes probably had little chance against the combined influence of the men she had tried to take on.
The case took a few more twists and turns as I pursued it backwards in the King’s Bench Plea Rolls. There are relevant entries on KB 27/781 Rex mm. 1d and 26d (AALT images 592 and 650) and KB 27/782 Rex m.22 (AALT image 299). The homicide in question was indeed that of Walter Vaughan. The part of Agnes in proceedings becomes more interesting – she was initially herself on trial as an accessory, but was acquitted because the indictment was insufficiently specific. There may have been some confusion about her husband’s name as well – some records call him John Dyer, others John Glover, Dyer. But he was accused as a principal not an accessory = the year Book report is confused on that point, perhaps because there were other accessory accusations in the case – with regard to Agnes, and with regard to the large group involved in John Glover’s hanging.