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The Forest - Edward Rutherfurd [81]

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The foresters and the agisters, who were responsible for all the stock pastured on the Forest, were also present. From each of the villages, or vills as they were called, came representatives to render account for any crimes committed there. The court was also assisted by a jury of twelve gentlemen of standing in the region. Any man accused of a serious offence could, if he chose, ask that this jury should decide his innocence or guilt. The king liked juries and encouraged their use. Though not obligatory, many chose a jury trial.

Today the prior of Beaulieu had also appeared, the abbot being still away on the king’s business. Two sheriffs from neighbouring counties had come with young Martell and his friends. It was a long time since there had been such a gathering and the hall was packed with spectators.

‘Oyez, Oyez, Oyez,’ the clerk called out. ‘All manner of persons who have any presentments to make, this court is now in session.’

There were a number of cases to be heard, concerning the usual matters. Some were forest offences. All venison cases automatically went to the Forest court. So did crimes against the king’s peace. Civil cases between parties often came up too.

All through the morning the business went on. A fellow had stolen wood from the Forest. Another had made an illegal assart of land. One of the vills had failed to report a dead buck within its boundaries. Life in the Forest did not change much. But had a forester from Rufus’s time been brought there, he would have observed one difference. For whereas the Norman forest law had been designed, with its mutilations and killings, to punish and frighten the people, the accommodation between the monarch and his Forest folk had long ago been reached, even in the most formal court. There was no mutilation. Only the most habitual felons were hung. The penalty for almost all offences was a fine. The guilty party was ‘in mercy’ or ‘amerced’ a sum. And even this varied according to the wealth of the offender. A poor man amerced sixpence at the last court, who had been unable to pay, was let off. Many of the fines for encroachments on crown land were repeated so automatically in the records of court after court that they were, in effect, rents paid for illegal tenancy. Pledges were taken from the better-off that their neighbours would pay their fines, or behave themselves in future. The law in the Forest, as elsewhere in Plantagenet England, was a common-sense and communal affair.

Finally, some time after noon, they came to the Beaulieu business.

It is presented that on the Friday before the Feast of St Matthew last, Roger Martell, Henry de Damerham and others did enter the Forest with bows and arrows, dogs and greyhounds, to harm the venison …

The charge, which would be inserted in the court record in Latin, was read out by the clerk. It gave exact details of what the poachers did and was not contested. All threw themselves on the mercy of the court. The justice looked at them severely while the forest folk in the hall listened carefully.

‘This is a venison offence, carried out in open contempt of the law, by those who, by reason of their position, should know better. It will not be tolerated. You are amerced as follows: ‘Will atte Wood, half a mark.’ Poor Will. A stiff fine. Two of his cousins stood surety and he was given a year to pay it. The other local men in the party all got the same.

Next came the turn of the young gentlemen: five pounds each – fifteen times the amount of the Forest men. This was only just. Finally, the justice came to Martell.

‘Roger Martell. You were, without question, the leader of these malefactors. You led them to the grange. You took deer. You are also a young man of substance.’ He paused. ‘The king himself was not amused to hear about this matter. You are amerced the sum of one hundred pounds.’

A collective gasp. The two sheriffs looked shattered. It was a stupendous fine, even for a rich landowner; and it was also very clear that King Edward himself had approved it beforehand. Royal disfavour. Martell went white as a

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