the Hundred Rolls, but its special use for the customary payments for view-making, with which the sheriff, by Magna Carta, was enjoined to be content, may be compared with the expression cert-money, used in the fifteenth century as the technical term for the payments made for frankpledge.1 Probably the Extracts refer to the same due in their statement that the same Walter' solitus erat amerciare villam ad turnum suum extra communem finem'.2 The same customary payment is mentioned in the rolls for other counties, for instance Gloucestershire and Kent; but the term certum appears to be peculiar to Essex. At the sheriff's tourn other extortions are made besides that of the certum; extortions such as that of the fine for fair pleading or the collection of arrears of the Twentieth," which will have to be considered under the head of the sheriff's judicial or fiscal duties. It is at the tourn, again, that men are accused of reception of thieves or neglect of hue and cry, and forced to redeem themselves by fines or amercements. Only a few charges are made in connexion with the sheriff's duty of supervising the police organization of the vill. Two men imprisoned for not raising the hue and cry are unjustly detained in prison till they buy their release of the sheriff with 16s. 8d. A vill is fined for allowing a criminal to escape from ward, when the man in question had been given into the sheriff's own keeping and had escaped owing to his neglect. Two men are fined by William of Crepping, the constable's clerk, on the false pretext that they were pledges for a certain Godwin Leverer until the delivery of Colchester gaol. Richard le Brun commits the chattels of a prisoner to the custody of Robert Smith of Great Tolleshunt, and then amerces him 2s. for delivering them up in 1 Hone, The Manor and Manorial Records, pp. 154 ff. 3 2 p. 153 b. p. 139 b, Wyvenho: Vicecomes cepit ab eis ad quemlibet turnum xiid. pro pulchro placitando.' p. 147 b, Stebing: W. de E. cepit ad turnos suos pro visesyma dimidiam marcam.' Cf. p. 146 a, Lyston. p. 144 b, Lyndesel: W. de E. ubi tenebat turnum suum apud Dunmawe retinuit R. de B. et dicebat eo quod fuit receptator latronum et finebat cum dicto vicecomite xxs. antequam potuit deliberari.' Cf. p. 136 b, Tolleshunte Creppinge; p. 136 a, Danseie; p. 144 a, Taxsted. p. 144 a, Taxsted. • Ibid. p. 142 a, Brumleye. 6 8 spite of the fact that the bailiff's own letters had authorized Robert to do so.1 The sheriff's extortions at his tourn are matched by the extortions of the hundredors at the view of frankpledge. John Barun, Robert de Belencumbre, Geoffrey de Merey, Robert Derby, and Roger of Kelvedon take sums varying from 28. to 5s. beyond what is customary.2 Walter of Tillingham unjustly fines the vills of Frinton and Great Holland a mark on pretext of making default at the view of frankpledge.3 John Barun fines a man unjustly 'quia non fecit responsum ad voluntatem suam ad visum franci plegii'.4 Gilbert de la Dune amerces a man for being out of frankpledge, and at the same time amerces another man as his capital pledge.5 Robert de Belencumbre fines Peter de Alton 35. for attempting to prevent Robert from holding the view in Peter's house, contrary to right and custom. and cus The apprehension and custody of felons indicted in the (b) Arrest tourn or elsewhere formed a large part of the duty of the tody of sheriff and his subordinates, and the Hundred Rolls represent felons. their offences in this connexion as manifold. They can be grouped roughly in four classes: failure to arrest, the accusation and arrest of the innocent, the release of the guilty, and the extortion of payment for replevin. It is not always easy to determine from the bald outline of facts given by the jurors whether the official is accused of accepting bribes for the release of the guilty or with extorting bribes from the innocent, but it is clear that most officials are charged alike with exceeding and abusing their powers, and neglecting their duties, in this connexion. Many of the proceedings recorded doubtless passed at the tourn, but the place is not as a rule stated, and the sheriffs and bailiffs in question were not men to stand upon ceremony. p. 136 b, Toleshunte Tregos. p. 146 a, Brudon et Balidon : 'Iohannes Barun capit de eadem villata ad visum franci plegii ultra certum ijs. iniuste per sex annos.' p. 147 a, Gestinthorp: 'Galfridus de Merey et Robertus Derbi ceperunt de eadem villata xs. ad visum franci plegii ubi non solebant dare nisi xld.* See also p. 146 b, Gelham Mangna, Gosfeld; p. 147 b, Bumsted; p. 146 a, Mangna Salyng. p. 139 a. See also p. 138 b, Horindon. 3 p. 146 a, Mangna Salyng. 5 p. 136 b, Toleshunte Tregos. (1) Failure to arrest. De vicecomitibus capientibus munera ad concelandas felonias factas in ballivis suis vel qui negligentes extiterint ad felones huiusmodi attachiandos. To this article there are some thirty-four returns, of which the following are typical. Richard le Brun takes one cow of two stolen by certain thieves, allowing them to keep the other.1 William of Haningfeld takes 20s. from an indicted felon to let him go free.2 Ralph la Wayte, clerk of the bailiff of Lexden, takes various small fees to conceal the felonies done in his bailiwick, presumably by falsifying the records. Robert of Smalebregge, sub-bailiff of Lexden, extends his hospitality and his personal protection to a man indicated at the sheriff's tourn and generally of evil reputation in the country, eventually conniving at his escape on a stolen horse, sed nescitur quo pacto '.4 The constable of Colchester takes a bribe of 20s. not to arrest another man indicted of theft at the tourn.5 In Hinckford hundred we hear of men indicted over and over again at the sheriff's tourns, who are neither attached nor imprisoned, or, if arrested, are let free again. The sheriff himself, Walter of Essex, is one of those implicated; he takes 40s. from one suspect," but the bailiffs, Richard le Brun, John Barun, and Roger of Kelvedon are the chief offenders. In the hundred of West Uttlesford, John of Essex takes five marks from a woman, and two oxen, two bullocks, one cow, and three pigs from two men for concealing their felonies.8 Walter of Essex even consents for half a mark not to arrest Gilbert of Foxerth, indicted of robbery before the justices in eyre, and a horse worth 100s. is a sufficient bribe for him to release a man suspected of homicide.10 Perhaps the most flagrant case is that of Thomas Lovel, who, having been indicted of homicide, flees the country. Walter of Essex confiscates his goods, extends them at 535., and 1 p. 136 b, Toleshunte Tregos. 4 p. 140 b, Wythermundeforde. 2 P. 137 b, Tundresle. 5 P. 139 b. p. 141 b (=p. 164 a, Ex. R.). R. H., i, pp. 146-7. Note especially Stevynsted: E. clericus et G. Attewyche indictati sunt semper per patriam et nunquam capti et habent suspiccionem quod ballivi capiunt mercedem ad dimittendos eos esse in pace.' then, on the return of the fugitive, sells them to him once more and allows him to go free sine aliqua occasione '.1 3 The of the in nocent. The fact that guilt and innocence are all one to Walter of (2) Arrest Essex is well illustrated in an entry on the Extracts for East Uttlesford Hundred. Whilst Thomas Lovel goes free in the country for a fee of four marks to the sheriff, G. Skarie, who has been indicted and acquitted by the country has likewise to pay his fee of half a mark to go free. But the officials are suspected of a worse offence yet, of causing approvers, prisoners who have turned king's evidence, to appeal the innocent and loyal for the sake of gain. Thus W. of Haingden, probably an approver, accuses S. Voidin of being a thief when the men of the vill have declared him honest.4 worst story of this nature is one told of two sub-bailiffs of Lexden, who, meeting an unknown man upon the highway, accuse him of theft and order him to denounce his accomplices. On his refusal, with protestations of honesty, they attack him fiercely, bind him, beat him till he is senseless, and then extort 2s. from the neighbourhood of Warmingford to hire a prison for him in Colchester, in which he dies eight days later. The clerk of the bailiff of Barstable attaches a certain clerk, who can get no peace till he pays down 6s." One of the charges against Richard of Suthchirche is worth quoting as expressing forcibly the views of the countryside. 'Uncor dient ke le avant dit Richard de Sutcherche per le pouer de sa office demeyne fist prendre un mestre Auvre le Ku et le mist sur ke il out freit la pes le Rey ke unkes taunt ne trespasa encuntre la pes le Rey en tote sa vie cum le avant dit Richard fit en un jur, et ce fist il par heyne.'' Short of arrest, fines are inflicted on the innocent. Roger of Chaudeford, bailiff of Witham, is said to have extorted 40s. from Hugh le Goite by false accusation.8 W. of Boliton, the seneschal of Robert Brus, takes linen cloth to the value of 20s. from a man accused by him of felony but declared honest by the whole countryside, and 10s. from another man 1 P. 145 a, Stansted. 2 p. 155 a. See Article 28 of the Inquest, and cf. Matt. Paris, Chron. Maj. V, pp. 577-80. 4 p. 138 b, Horindon. 5 p. 140 b, Wythermundeforde. (3) Release of the guilty. as receiver of the felon. John Barun takes half a mark from a man on the pretext that he has been indicted, when he has not been indicted.2 Richard le Brun, meeting a shepherd with a flock of sheep, accuses him of having stolen some of them, imprisons him and keeps the sheep himself.3 More often we hear of arrest without formal pretext. Richard of Harlow, sheriff 1267-8, imprisons a man unjustly in Colchester Castle, exacting 60s. from him to be released.* Oliver, seneschal of Robert de Brus, keeps one man two days and another six days in prison unjustly.5 Richard le Brun arrests an innocent man of Dengie hundred, and ties his hands behind him and detains him as a thief till he makes fine with half a mark. Two of the Lexden sub-bailiffs arrest a certain law-abiding citizen called Stephen Smith at Aldham church, compel him to pay a fine of half a mark and to find pledges of half a mark, and plunder him of his axe, his girdle, and knives to the value of 8d.7 Richard of Suthcherche attaches Nicholas Engayne and takes 20 marks from him unjustly; 'propter quam causam eum attachiavit nesciunt nisi propter pecuniam suam habendam.'8 In the 'De Ministris' roll a general charge is brought against the bailiff of the Abbot of St. Osyth's of imprisoning some men maliciously and of accusing others and thus extorting money from them sicut plenius patet in inquisitione'. The above are typical instances of the charges brought against the sheriffs, the hundredors, and the seignorial officials of arresting and imprisoning 'loyal' men, women, foreigners, and priests on false charges or without cause shown, and releasing them on their own authority.10 Qui habuerint felones imprisonatos et eos pro pecunia abire et a prisona evadere permiserunt liberos et impune. Ex. R. 4, m. 8, V. de Hatfeld Regis. 6 p. 137 a, Parochia Sancti Laurentii. 8 p. 148 a, Chafford. • Ex. R. 4, m. 7 p. 139 b. 8, H. de Chafforde. Roger de Reddelege 10 e.g. p. 143 b, Ginge Joyberd and Laundry: emprisona un lel homme e une lele femme, E pus delivera la femme.. par sa propre autorite . . . Jon Barun prist de Thomas le prestre de Botulvespiri ijs. et vid. e li mit sur ke il eut herberge le felun le Rey e ne ont pas.' See also p. 151 a, Jordanus filius Stephani. |