Life in a Medieval Village - Frances Gies [74]
It may be doubted that hallmotes insisted on such exquisite perfection of jargon, but it is known that defendants and litigants in serious cases were often alert to slips of language by which technical flaws could be imputed and judgment perhaps evaded.11
The steward in The Court Baron next addresses the accused: “Fair friend Stephen, this court awards that you be at your law six-handed at the next court to acquit yourself,” to which the defendant replies, “Willingly, sir.”12 “Be at your law six-handed” meant that Stephen was to bring with him five men who would join him in swearing either that his account of the case was true or that he was himself a trustworthy person. In cases of more serious character or when there was reason to doubt the accused, he might be called on to “be at your law twelve-handed,” requiring him to find eleven “oath helpers.” Oath helping, or compurgation, was by 1300 a basic element of medieval jurisprudence. The sense of it was that several men who attested the truth of their statements on the holy relics would be unlikely to swear their souls away simultaneously.13
At this point a uniquely medieval step in the court’s procedure took place: both plaintiff and defendant were ordered to “find pledges,” persons to act as sureties to guarantee their appearance in court. Such personal pledging was also used to guarantee fulfillment of a promised obligation, or even that the pledge’s subject would behave himself. Pledges were held accountable by the court and were liable to fine: “John Page and John Fraunceys were pledges of Henry Smith for the payment of two shillings to John son of Alexander in the Lane…and nothing is paid. Therefore both of them in mercy [fined]…Better pledges are William of Barnwell and Reginald son of Benedict.”14 Those needing pledges sought them among the better class of fellow villagers, those with substantial holdings, who served in village offices. Reeves and beadles were especially in demand. Pledges’ fines were usually three pence, half the standard fine for most offenses. Husbands commonly acted as pledges for wives, but otherwise most pledging was extra-familial.15
The Court Baron stipulated a particular order in which cases should be heard. In real life the hallmote heard cases by category, but the categories followed no discernible order. The invariably lengthy list of fines for the ale brewers sometimes led off the Elton calendar, sometimes concluded it, and sometimes came in the middle. In 1279, twenty-three violations of the assize of ale were recorded at the end of the court record, just before the selection of new ale tasters. Prior to the brewing violations, thirty-four cases were presented. Ten dealt with defaults of harvest or plow work, three with chevage, the rest with a variety of offenses, from the diversion of a watercourse by a neighboring village to a theft of furrows by a villager.16 The dispatch with which cases were handled compared with that of a modern traffic court. Yet “the law’s delay” was already an established judicial feature. Most defendants were permitted three summonses, three distraints (for failing to appear), and three essoins (excuses for non-appearance), making nine successive postponements.17
Litigations between villagers began with a complaint: “John Juvet complains of John Hering.” “Robert Maynard complains of Gilbert de Raundes.” “Thomas Clerk complains of Nicholas son of Richard Smith.” The complainant brought suit—in other words, he brought men with him to vouch for