A HISTORY OF GLOUCESTERSHIRE 



guarded against each other. The lack of enclosures led to endless disputes. 

 Beasts were continually trespassing and devouring corn ; one man would 

 seize the opportunity of the yearly ploughing to break up a bit of his 

 neighbour's land, 1 or to remove a boundary. 3 Small cases of debt came up 

 to be tried, 3 and slanderous accusations were contested. 4 



Proceedings were, however, more interesting when the lord could 

 hold a ' view of Frankpledge,' and small criminal offences were presented 

 by the various tithings. 6 In these reports it is that we learn how 

 common were brawls and robberies in the mediaeval world, and with what 

 evident relish the ' hue and cry ' was raised by anyone who thought himself 

 or herself aggrieved. Gloucestershire women seem to have availed them- 

 selves of this privilege with almost excessive readiness ; for fines were not 

 infrequently imposed for ' hue and cry raised unjustly ' by Alice So-and-so 

 upon some William or John. 6 Assaults were perpetrated with every sort of 

 implement with stones and sticks, ' with an iron chain,' 7 ' with a Glayfe ' 

 (or sword), 8 'with a Schefepyke.' 9 Walter Bodele of Hawkesbury complains 

 that his wife and son beat and ill-used him because he drank the beer which 

 his wife was keeping for mid-Lent. 10 ' A certain Eva of the same place was 

 keeping her sheep in Upton field, and John Leverich came and dispersed 

 them with his dog. On her demanding why he did so he replied nothing, 

 but seized a stick and struck her repeatedly. John is therefore at mercy, and 

 he and Eva give bail to appear at the next court (lago).' 11 Accusations are 

 frequently met by a 'tu quoque.' William Palfreyman of Hawkesbury says a 

 sow and a hogget of John Jones have trespassed in his close. Jones complains 

 that Palfreyman has maliciously slain the aforesaid sow and hogget. Palfrey- 

 man denies the charge, and says the beasts were never killed, or even hurt 

 by him or servant of his, but that they were 'found dead' (!) in his close. 

 He is ordered to acquit himself by twelve hands (i.e. by the oath of twelve 

 neighbours). In this he evidently succeeds, for at the next court (1406) 

 John Jones is fined 3^. for unjust complaint against William Palfreyman. 1 * 



But perhaps the most frequent cases dealt with in the view were 

 breaches of the rules as to the prices of victuals, tolls of millers, and of the 

 assize of bread and beer. The latter was so common an offence that it must 

 have been considered a regular source of revenue. For the lord's justiciary 

 rights were mainly valued for their pecuniary value. All amercements, 



1 e.g. Hawkesbury, Ct. R. portf. 175, No. 50, m. 9. ' Ibid. No. 48, m. 3. 



* Ibid. m. I. 4 Ibid. No. 41, m. 2. 



6 Articles for View of Frankpledge (Glouc. Cart, iii, 2212). Inquiry to be made : of bloodshed, 

 treasure trove, hue and cry raised and not followed, clipping of coin, assaults on women, pleas of replevin ; 

 of bridges made and obstruction of streams, obstructions and encroachments of roads and footpaths, encroach- 

 ments on king or lord, fugitives from justice who have since returned without warrant, receivers of robbers ; of 

 those who are well clothed, and have nothing, neither labour, nor are merchants, nor keep inns ; of tanners ; 

 of comelinges' not shown after three days ; of those who are twelve years old and not in tithing ; of those 

 who were in a tithing and have left it without leave ; of those who have kept strangers without leave ; 

 of Christian usurers, bakers or brewers selling contrary to the assize, false weights, and measures and tolls at the 

 mill ; of those who have withdrawn from following the tithing ; whether those of twelve years are present as 

 summoned ; whether the halmote be full ; of everything touching the crown or liberties of the lord ; whether 

 the head servants and others are fit men, whether the ploughing beasts, meadows, and fields and woods are 

 well looked after, and the land well tilled ; of those who put their sons in clerk's orders without leave ; of those 

 who cut ' free wood ' without leave, who overburden the common pasture, who marry their daughters 

 without leave, who permit their houses to fall out of repair. 



6 e.g. Cheltenham Ct. R. portf. 175, No. 26. ' Ibid. No. 27, m. I. 



8 Ibid. No. 54, m. I. ' Ibid. No. 27, m. 2. 



"Ibid. No. 41, m. 7. "Ibid. m. 4. " Ibid. No. 48, m. i. 



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