Crown Pleas
39 Henry III - 41 Henry III (nos 50-77)

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London Record Society

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Martin Weinbaum (editor)

Year published

1976

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15-23

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'Crown Pleas: 39 Henry III - 41 Henry III (nos 50-77)', The London eyre of 1276 (1976), pp. 15-23. URL: http://www.british-history.ac.uk/report.aspx?compid=35993 Date accessed: 28 July 2014.


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PLEAS OF THE CROWN 39 HENRY in [1254–5]

50. In the same year, John de Gysors being chamberlain, William de Esewy mercer and Robert de Lynton, who now answers for him, being sheriffs; Thomas de Halstede killed Jordan de Cristchirche in the ward of John de Norhamton [Aldgate ward], at once fled and is suspected. So let him be exacted and outlawed according to the form (forma) of the City. Chattels *10s. for which the sheriffs [are to answer]. He was harboured in the ward outside frankpledge, so the whole ward is in *mercy. Because the chamberlain and sheriffs made no mention of neighbours or frankpledge, to judgment on them. Afterwards it is testified that all the neighbours have died, so nothing from them. [cf. 537]

Nota 21. De warda amerciata quia receptaverunt quemdam extra francum plegium.14th cent.: Scribatur nota [cf. 524 no. 21].

51. [m. 3d] On the feast of St. Edmund [20 Nov. 1254] John le Joven and Robert de Pontefract were eating together with John de Butteley knight in the house of Walter the Marshal in Candelwykstrete in the ward of Thomas de Basynges [Candlewick ward] and on their departure a quarrel arose between them. Robert struck John with an anlace beneath the breast so that he died forthwith. Robert at once fled and is suspected of the death, so let him be exacted and outlawed according to the form etc. Chattels *6 marks for which the sheriffs are to answer. He was not in frankpledge because he was always coming and going (iens et rediens). John de Boteley of the county of Southampton was attached for the death, but does not come and is not suspected. He was attached by William de Abyndon of the county of Southampton and Geoffrey de Caumpes of the same county. So they are in *mercy. [cf. 538]

52. Walter son of Henry de Normanton of Lincolnshire took sanctuary in the church of St. Bartholomew the Less in London, confessed that he had robbed an agent (nuncium) of his cloths (pannis) to the value of 5s. and abjured the realm. No chattels, nor frankpledge because he was a stranger. Be it known that it is found in the rolls of the eyre (fn. 11) of William de York that the constable of the Tower, the sheriffs and the aldermen may receive abjurations without the chamberlain, if he should be absent on the king's business.

Nota 22. De abiuracione recipienda per constabularium Turris et vicecomites London' si camerarius absens fuerit [cf. 524 no. 22].

53. John de Berkeley servant of Bartholomew le Tayllur went out at night from Bartholomew's solar and came upon Simon de Lemynstre servant of Godman the Tailor in Cheap in the ward of William de Durham [Bread Street ward]. He struck him repeatedly on the head with a staff so that he died forthwith. He at once fled and is suspected, so let him be exacted and outlawed. No chattels, but he was harboured in the ward outside frankpledge; so the whole ward is in *mercy. Because Walter de Vaus openly stated before the justices that John was not living with anyone in the ward, and afterwards it was testified that he was the servant of Bartholomew and a member of his household, to judgment on Walter. William of Bedford, Hugh of the same, Richard le Tayllur and Henry le Tayllur of Cristeshale, neighbours, do not come and are not suspected. William was attached by William del Hale and Ralph le Tayllur, Hugh by Gilbert le Tayllur and Robert Davy, Richard by William le Tayllur and Henry le Tayllur, Henry by William de Ware. So they are in *mercy. Bartholomew and Godman have died, so nothing from them. Because the chamberlain and sheriffs attached the fourth neighbour Henry by only one pledge, to judgment on them.

Nota 23. De camerario et vicecomitibus amerciatis quia attachiaverunt quartum vicinum per unum plegium tantum. 14th cent.: Scribatur nota [cf. 524 no. 23].

54. Stephen son of John the Clerk, and his sister Agnes, both children, were crushed to death by their father's solar. Value of the solar *10s. (deodandum) for which the sheriffs are to answer. No one is suspected. Judgment: misadventure. All the neighbours have died. Because the ward of Henry de Coventre [Vintry ward] earlier valued the deodand at 4d. and now on examination by the justices at 10s., to judgment on the whole ward for the false valuation.

Nota 24. De tota warda amerciata pro falsa appreciacione deodande [sic]. 14th cent.: Nota [cf. 524 no. 24].

55. In the same year, William de Haselbech [being chamberlain] and the same being sheriffs; John de Bordray and Roger de Thele canons of Holy Trinity London were together in the priory and a quarrel arising between them Roger struck John on the head with a staff so that he died forthwith. Roger was at once arrested and kept in chains at the priory until he was delivered to Newgate gaol where before Laurence de Brok justice of gaol delivery he was handed over to Fulk Basset then bishop of London who claimed him as his clerk. The mayor and aldermen say in the faith [in which they are bound to the king] that such was the procedure in this case and that Roger is dead. Therefore nothing.

56. In the same year the same being chamberlain, Stephen de Oystergate and Henry de Walemond being sheriffs, for whom no one answers; unknown malefactors waylaid Simon de St. Pauls clerk of William le Moyne in the ward of John Norman [? Cordwainer ward] killed him and at once fled. It is not known who they were. William does not come now and was not attached, so *to judgment on the sheriffs. No neighbour was attached, so *to judgment on the sheriffs.

57. John son of Adam the Carpenter of Huthe took sanctuary in the church of St. Mary Conehop, confessed that he had stolen ecclesiastical books at Hertford and other goods and abjured the realm before the chamberlain and sheriffs. Nothing is known of chattels or frankpledge because he was a stranger.

58. Roger de Donewyz goldsmith took sanctuary in the church of St. Mary Conehop and Richard le Aguiler of la Haye in the church of St. Thomas Acon. They confessed that they had committed many thefts and abjured the realm. Nothing is known of chattels or frankpledge because they were strangers.

59. Robert son of Gerard and Peter Peitel of Bernate were driving a cart outside Bisshopesgate near a ditch when Robert fell from the cart into the ditch and died forthwith. Value of the horse and cart 1 mark for which the sheriffs are to answer; but because the sheriffs have died, no one answers. Because the chamberlain did not value the deodand, *to judgment on him. Peter and the neighbours do not come and were not attached, so *to judgment on the sheriffs.

Nota 25. De camerario amerciato quia non fecit appreciare deodandum [cf. 524 no. 25].

60. Michael brother of Albod the Fleming was having a celebration (in quodam tripudio) with others in a lane in the ward of Arnald Thedmar [Billingsgate ward] when William Longman, Ralph Longman, Henry Smyth, William Heyroun, Richard Bosse and William de Orewell came up, a quarrel arising among them, William Longman and the others killed Michael and struck and wounded the others who were celebrating with him. William Longman, Ralph Longman and Henry Smyth were at once arrested and taken to Newgate, but they do not come now and it is not known how they were delivered from prison, so to judgment on the sheriffs for the escape. They have now absconded and are suspected, so let them be exacted and outlawed according to the custom of the City. Chattels *26s. (deodandum [sic]) for which the sheriffs are to answer. William Heyroun, Richard Bosse and William de Orwell fled immediately after the deed and are suspected, so let them be exacted and outlawed according to the custom of the City. No chattels and they were not in frankpledge because they were strangers. No neighbour comes because they were not attached, so to judgment on the sheriffs. [cf. 539]

Nota 26. Quod non oportet quod extranei sint in franco plegio [cf. 524 no. 26].

61. Richard son of Avelin was shooting at targets with a crossbow in the parish of Holy Trinity when he accidentally hit Walter Sanzstere on the head with an arrow (tela) so that he died. Richard at once fled to the church of St. Magnus where he remained for three days and then escaped from the church and has now absconded. Therefore let him be exacted and outlawed. No chattels nor frankpledge because he was a vagabond.

62. A male infant was drowned in the Thames. William Croll found the boy and tied him by the foot to the quay of Nicholas Bat, (fn. 11) for which he was arrested and taken to Newgate, but now he does not come and it is not known how he was delivered from prison, so to judgment on the sheriffs for the escape. No neighbour was attached, so *to judgment on the sheriffs. [cf. 540]

[m. 4] PLEAS OF THE CROWN 40 HENRY III [1255–6]

63. In the same year John Gisors being chamberlain, Matthew Bukerel, for whom his son William answers, and John le Minur, for whom no one answers, being sheriffs; on Sunday before the feast of St. Martin [7 Nov. 1255] in the ward of Wolmar de Essex [Billingsgate ward] towards Billynggesgate Robert le Cordwaner beat Sarah wife of Henry the Tailor so that she gave birth to a female child. He at once fled and is suspected, so let him be exacted and outlawed according to the form of the City. He was harboured in the ward for a long time outside frankpledge, so *to judgment on the whole ward. Asked if he had any chattels, they say he did not. All the neighbours have died. Because the chamberlain and sheriffs did not enrol the names of the neighbours, to judgment on them.

64. Simon the Carpenter fell from a ladder onto some timber in the ward of [Henry] le Waleys [Cordwainer ward], so that he died. Value of the ladder and the timber *3s. 10d. (deodandum) for which the sheriffs are to answer. All the neighbours have died and no one is suspected. Judgment: misadventure.

65. Philip son of Richard le Tressere of Staunford and William son of Roger le Teler of Warwyk took sanctuary in the church of St. Lawrence Jewry, confessed that they were thieves and cut-purses and abjured the realm. No chattels. The men of the ward of Cheap are asked where the incident occurred for which they abjured the realm and say they know nothing, so to judgment on the whole ward.

Nota 27. De warda amerciata quia nesciunt ubi casus accidit pro quo quidam abiuraverunt regnum. 14th cent.: Scribatur [cf. 524 no. 27].

66. William de Langeford of Oxfordshire took sanctuary in the church of St. Matthew Fridaistrete, confessed that he had stolen a surcoat value 2s. and committed many other thefts and abjured the realm. Chattels *2s. for which the sheriffs are to answer. [cf. 592]

67. Bartholomew de Gascony (Vasconia) was riding a horse in Holebourne in the ward of Laurence de Frowyk [Farringdon ward] when the horse stumbled and fell on top of him, crushing him so that he died on the fifth day after. Value of the horse 60s. (deodandum) for which the sheriffs are to answer. Thomas le Waleys 'puleter', Robert de Cardoil, Manasser le Parmenter and Richard de Wilinghale, four neighbours, do not come and are not suspected. Thomas was attached by Ralph de Bedford parmenter and Henry de Staunton, Robert by Luke le Parmenter and Henry le Feroun, Manasser by Kyng le Parmenter and Ambrose le Parmenter, Richard by Serle le Tuler and a man called Richard whose surname is not known. So they are in *mercy. *To judgment on the chamberlain and sheriffs because they do not know the surname of the pledge. Judgment: misadventure. Because the men of the ward say that the horse was only valued at 4 marks and it is found in the rolls of the chamberlains that it was valued at 60s., *to judgment on them. [cf. 593]

Nota 28. De warda amerciata pro discordancia inter presentacionem suam et rotulos camerarii [cf. 524 no. 28].

68. Beatrice wife of William de Holeborn fell from a step in her house in the ward of Laurence de Frowyk [Farringdon ward] and broke her neck. Value of the step 6d. (deodandum) for which the sheriffs are to answer. The neighbours have died and no one is suspected. Judgment: misadventure.

69. In the same year William de Haselbeche being chamberlain and the same being sheriffs; on Friday before the feast of St. James [21 July 1256] a boy named John son of Richard was scalded to death by a [bowl] full of hot water which fell on him in his father's house. Value of the bowl *3d. (deodandum) for which the sheriffs are to answer. Richard de Wycumbe, a neighbour, comes and is not suspected. He was attached by Niel the Measurer (Mensuratorem) and Geoffrey de Wautham. So they are in *mercy. The other neighbour has died and no one is suspected. Judgment: misadventure.

70. Thomas le Jovene, who has died, and Peter de Micheham, who is present, sent [John] de Berkyng, Peter de Cray and Walter Halveclerk, who are dead (abierunt), to the house of Robert de Haraz to distrain Robert for the trespass of making cloths contrary to the assize in the ward of Thomas de Basynges [Candlewick ward]; because of the crowd of people that went with them, John son of Philip de Wynton', a child, was trampled to death under foot. All the neighbours have died, so nothing from them. Peter de Micham comes and is committed to Newgate gaol until the morrow. Because the chamberlain and sheriffs did nothing about John de Berkyngg and the others, and, when they held their inquest did not attach them or enquire who the people were who went with them to the place, to judgment on them. Because the justices want to examine the matter more openly by the aldermen, the case is adjourned until the following day. Afterwards the mayor and aldermen testify that William Samuel and Gerard le Paumer went with John de Berkyng and the others to the house, so let them be arrested. Afterwards it is testified that they have all died, so nothing from them. Then Peter comes and, asked how he wishes to clear himself, says that although he is not bound to answer any charge of incitement (fn. 17) or instigation before those accused of the deed are convicted, nevertheless he puts himself for good or ill upon the verdict of the mayor and aldermen; although he is of the liberty of the City, as the suspicion is small and slight, it is granted to him by licence of the justices. The mayor and aldermen say in the faith in which they are bound to the king that he is not guilty and was never an accomplice in the death, so he is quit.

Nota 29. Quod oportet ille qui manucaptus est usque ad tier justiciariorum pro morte hominis vel alia felonia acquietet se per magnam legem. 14th cent.: Scribatur [cf. 524 no. 29].

71. An unknown woman was found floating in the Thames. She was brought out alive but died soon afterwards. No one is suspected. Judgment: misadventure. Roger le Mareschall, a neighbour, does not come and is not suspected. He was attached by Robert de Rotherhull and Gilbert Pavely. So they are in mercy. The other neighbour has died, so nothing from him.

72. In the same year John Gysors being chamberlain and [the same] being sheriffs; Alice wife of Robert de Langley appealed Robert de Mumpelers and Ralph de Mumpelers, who has died, in the husting of London of the death of her husband Robert. She does not come or prosecute her appeal, so let her be arrested and her pledges to prosecute are in mercy. She did not find pledges except by faith (nisi per fidem) because she was poor. The mayor and aldermen say that the parties have not come to an agreement. Robert de Monpelers (fn. 19) comes and, asked how he wishes to clear himself of the death, says that King Henry pardoned him his suit for breach of the peace and he proffers a royal charter (fn. 20) in these words: 'Henry by the grace of God; at the instance of our daughter Margaret queen of Scotland we have pardoned Robert de Monte Pessulano, Ralph de Monte Pessulano, (fn. 21) Philip de Gloucester and Peter de Stanes, citizens of London, their suit for breach of our peace arising from the death of Robert de Langley lately killed in London, of which they are accused; and we grant them firm peace, on condition that they stand to right in the king's court if anyone wishes to implead them.' There is no one who wishes to prosecute him [sic] for the death, so they are granted firm peace. Because the king made no remission of chattels in the charter, let enquiry be made about the chattels by the mayor [and aldermen]. They say that in that year Robert had chattels worth 100 marks; a house in Milkstrete, year and waste worth 60s.; two shops and two solars in the ward of Cheap, year and waste worth 10 marks; a house and two shops in Honilane, year and waste worth 50s.; and the issues of all the properties in the intervening period for which the sheriffs are to answer. Likewise because Philip de Gloucester, Ralph de Monte Pessulano and Peter de Stanes previously absconded on account of the death and do not come, their chattels are to be confiscated. No chattels except a house that Philip had in the ward of Henry de Frowyk [Cripplegate ward], year and waste worth ½ mark and the issues of the intervening period for which the sheriffs are to answer. There is a mistake about the house and lands. [Blank] chaplain of St. Paul's London now holds the house and it is not known by what warrant, so to judgment on him. The sheriff is ordered to take the house into the king's hand. Peter had two houses and two cellars in Wodestrate, year and waste worth 65s. and the issues of the intervening period for which the sheriffs are to answer. [cf. 594]

Nota 30. Licet rex perdonaverit sectam pacis sue tamen non remittit catalla, nisi in carta de pace expressa fiat mencio de catallis [cf. 524 no. 30].

PLEAS OF THE CROWN 41 HENRY III [1256–7]

73. In the same year Thomas Speron and Matthew Bukerel being chamberlains, William de Hassewy and Richard de Ewell being sheriffs; Thomas de St. Edmunds baker took sanctuary in the church of St. Thomas the Martyr on London Bridge, confessed that he had stolen a reliquary and other objects and abjured the realm. Because the chamberlain and sheriffs made no enquiry about his chattels, to judgment on them. Afterwards the alderman testifies that he had no chattels and was not in frankpledge, but was harboured in the ward of John Horn [Bridge ward], so to judgment on the whole ward.

Nota 31. De warda amerciata pro franco plegio [cf. 524 no. 31].

74. [m. 4d] Alice le Normande appealed Frederico and Gentilio, merchants of Rome, in the husting of rape and the theft of a brooch (firmachuli) and a hood. She does not come or prosecute her appeal, so let her be arrested and her pledges to prosecute are in mercy. Because the sheriffs do not answer for the pledges, *to judgment on them. The mayor and aldermen testify that Frederico and Gentilio were arrested and taken to Newgate, where they were delivered before Laurence de Brok. Therefore the sheriff is ordered to cause Laurence's son and heir Hugh to appear with his father's roll. Afterwards Hugh comes and finds six pledges to answer to the king for his father's term of office on the king's command, as appears by a writ among the 'brevia de precepto'.

75. William Asshebof merchant went to the house of Master Adam de Lynton in the ward of Richard de Ewell [Farringdon ward] to sell silk to Adam's wife Maud. Master Adam and his servant William le Waleys appeared and William Assheboef (fn. 24) and Maud hid in a room out of fright; Adam and his servant seeing this sought them out and when they found William they at once attacked him, Adam striking him with a sword so that he died forthwith. Adam and his servant William fled and are suspected, so let them be exacted and outlawed according to the custom of the City. Adam's chattels *20 marks (deodandum [sic]) and a house, year and waste worth *2 marks and the issues of the intervening period *38 marks for which the sheriffs are to answer. William had no chattels, but was harboured in the ward outside frankpledge, so the whole ward is in mercy (pro franco plegio). Because the chamberlain and sheriffs held no enquiry about the chattels, to judgment on them. Because the mayor and aldermen later testify that Maud and her maid Agnes were arrested and delivered (fn. 25) before the justices at Newgate and have now died, nothing from them. The sheriff is ordered to take the house into the king's hand. Richard le Parchominer the second neighbour does not come and is not suspected. He was attached by John of Pelham and Gervase of the same. So they are in *mercy. John de Bere and Philip le Pestour, two neighbours, have died, so nothing from them. Walter de Herteford, the fourth neighbour, comes and is not suspected, so he is quit. Afterwards the mayor and aldermen testify that the master of the Temple in England took the chattels without warrant and that Adam returned to the master's house in London and was his clerk; he was harboured there for a long time after the crime. Therefore to judgment on the said master. [cf. 596]

Afterwards the mayor and sheriffs of London were ordered by Master Roger de Seyton on the command of the king and his council to enquire whether the rents and tenements of Master Adam in the City of London were escheats of the king or not; the form of the inquisition is as follows: Inquisition held on Friday after the feast of St. Barnabas the Apostle 5 Edward I [18 June 1277] before Gregory de Roqesley mayor of London on the precept of Master Roger de Seyton and his fellow justices last on eyre in the City of London; to enquire whether the rents and tenements which once belonged to Master Adam de Lynton now deceased, at one tune accused of the death of William de Assibhof merchant, are escheats of the king or not, by the following jurors: William de Assyndon, John de Vaus goldsmith, Henry le Ferur, John le Kyng, John de Horton, Walter the Marshal, Roger the Cook, Walter de St. Salvator, John de Chestehunt, Henry the Cook, William de Notyngham and Roger le Stiwr. The [jurors] say in the faith in which they are bound to the king that William de Assebof was killed in the house of Master Adam, who fled with his servant William le Waleys; they were indicted and William at once fled overseas and was never afterwards seen in England, as far as they know; Master Adam absconded and stayed for some time with the Templars at the New Temple London, whose clerk he was, until Sir Henry de Wengham, then dean of St. Martin le Grand London and king's chancellor, procured for him a grant of the king's peace; the king granted him his peace (fn. 26) and remitted his suit and no one else proceeded against him; inasmuch as he had a royal charter and his peace was then publicly proclaimed throughout the whole City, he was restored to his rents and tenements and held them peaceably for two years after the proclamation; afterwards, in the zeal which he felt towards the dean and chapter of St. Martin's, he enfeoffed the said dean, chapter and church of the rents and tenements and from then on they were in full and peaceful seisin; thus for two years before the enfeoffment and for ten years after, Master Adam continually enjoyed the king's peace in the City, and there he died; he was never convicted of this felony or any other, so the jury say that his rents and tenements are not and ought not to be escheats of the king, because they were restored to Adam with his chattels after the proclamation of his peace on the king's command to the sheriffs of London. (fn. 27)

Nota 32. Quod maior et vicecomites inquirant de escaetis [cf. 524 no. 32].

76. Richard Scharp wool-merchant beat his wife Emma so that she gave birth to a still-born boy. Because Richard has died, nothing from the outlawry. The mayor and aldermen testify that Richard was arrested and handed over to Richard de Ewell sheriff, who released him on the pledges of six men. Because according to the law of the City no one accused of a man's death should be released on bail except on the pledges of twelve men, (fn. 29) any of whom should be able to answer to the king for 100s. as amercement if he should fail, *to judgment on Richard de Ewelle. [cf. 595]

Nota 33. Quod rettati de morte hominis debent dimitti per xii plegios et non minus quorum quilibet suffciens sit ad respondendum regi de centum solidis pro misericordia sua [cf. 524 no. 33].

77. Nicholas de Duncon and John de Sutwerk, accused of theft, come and, asked how they wish to clear themselves, say they put themselves for good or ill upon the verdict of the aldermen. Because they are not of the liberty of the City, this is granted to them. The aldermen say in the faith in which they are bound to the king that they are not guilty of any misdeed, so they are quit.

Nota 34. Quod forinceci rettati de latrocinio se possint acquietare per verdictum maioris et aldermannorum [cf. 524 no. 34].

Footnotes

4 London Eyre, 1244, no. 93.
11 ? At the end of Batteslane, alias Haywharf Lane (E. Ekwall, Street-names of the City of London (1954), 133).
17 Cf. 39, 219.
19 For his release at the instance of the queen mother, see C.C.R. 1272–9, 272, 28 Feb. 1276. For his connection with the royal household, see C. E. Trease, 'The spicers and apothecaries of the royal household in the reigns of Henry III, Edward I and Edward II, Nottingham Medieval Studies, iii (1959), 24–30.
20 Cf. C.P.R. 1247–58, 498 where the name of Ralph de Montpellier does not appear.
21 Radulfo de Monte Pessulano, interlined.
24 Macelof deleted; Assheboef interlined.
25 C.P.R. 1247–58, 547, 3 Apr. 1257.
26 For pardon at the instance of Conrad, archbishop of Cologne, see C.P.R. 1247–58, 548, 8 Apr. 1257.
27 For an order permitting the dean and chapter to hold the rents and tenements, see C.C.R. 1272–9, 437, 17 Jan. 1278. The order was made because the king had learned by the record of Master Roger de Seyton that the rents and tenements, whereof Adam in his lifetime had enfeoffed the dean and chapter, were not the king's escheats because Adam was never convicted of the said felony.
29 Cf. 29, 87.