MEDIEVAL JUSTICE AND COURTS. 129 



after the feast of St. Edmund, at early dawn, (in aurora diei,) 

 and drove the sheep within Holywell liberty. That the bailiff 

 seeing this, pursued the thief and the sheep, and tried to catch 

 the former. That the thief, espying danger, forthwith waived 

 the sheep, and fled to the church of the Austin Friars. That 

 the bailiff still strove to catch him, but that many clerks, 

 strangers to him, rescued the thief, and that finally the friars 

 helped him to escape from the church. The bailiff then, as 

 he might lawfully do, attached the sheep thus waived, and 

 detained them as waived chattels, and the shepherd was ques- 

 tioned whether he would swear that the sheep had strayed 

 from his keep, and had not been stolen, driven, and waived. 

 This oath the shepherd declines to take. Hence it is decided, 

 that the sheep should remain in possession of the lords of the 

 liberty as waifs, are valued at ten shillings, laid to the debit 

 of the bailiff, and the shepherd is nonsuited 6 , (a probatione 

 sua abjudicatus) . 



At the same time the bailiff presents that he had found 

 thirteen sheep straying and trespassing on the liberty, that 

 he had pounded them (impercatae sunt), and that no one 

 claimed them. That they have been publicly cried on three 

 market days. That since no one claimed them after this, 

 they are held to be the property of the lords of the liberty 

 as strays, and are valued by a jury of twelve at ten shillings. 



Again, to take a few illustrations from the customs and 

 jurisdiction of the manor of Kibworth in the county of 

 Leicester. 



4 Ed. III. 1330. Johanna, the wife of William the smith, 

 drew blood from Agnes Janakyn, and is fined fourpence. 



Robert Goodyer prays the lord for licence to marry his 

 daughter Emma. 



Nicholas Harcourt pays two shillings for licence to make 

 his son a monk (coronare). 



e This sharp practice put upon the abbess of Godstowe arises, it seems, from a claim 

 which Holywell manor made to feudal superiority over Walton field, but which was per- 

 petually denied by the abbess, who refuses to do suit and service for that estate. 



K 



