[348] “Year Books of Edward I,” Rolls Series, years 30–31, pp. 537–538. In the case of this woman, freedom was granted “propter parvitatem delicti,” and because she had been one year in prison; and no confiscation took place, because her husband was absent in Paris, and it would have been inappropriate to, maybe, wrong that man who was, like every husband, the owner of his wife’s chattels. “Et nota,” beautifully adds the judge (or the reporter), “quod melius est nocentem relinquere impunitum quam innocentem punire.” But the court, at the same time, fines an innocent, known to it as such, for fear of displeasing the king; a circumstance that the recorder is bold enough to note down: “Et nota quod fecerunt hoc Justiciarii magis ad appruyamentum (profit, for the king got the money) Regis faciendum quam ad legem manutenendum, quia hoc dixerunt in terrorem.” Ibid. pp. 503–507.
[349] “Fleta,” lib. i. chap. xxvii.
[350] “Bracton,” vol. ii. pp. 340–342.
[351] “Year Books of Edward I,” year 30–31, p. 515. Sometimes a man would profit by the absence of an enemy on the continent and affirm to a magistrate that he was in flight, and cause him to be declared an outlaw; thus the priest, John Crochille, complains to parliament of having been unjustly outlawed during a journey which he had made to the Court of Rome, in 1347 (“Rolls of Parliament,” vol. ii. p. 178); the priest, Robert of Thresk, is also declared outlaw during his absence from the kingdom, “by the malice of his accusers” (ibid., 1347, vol. ii. p. 183). John of Gaunt orders the restitution of his goods to “nostre tenant neif, Johan Piers,” whose belongings had been seized, “à cause q’il deust estre utlagé, à ce q’est dit, et ore il nous est certifié par recorde, q’il n’est pas utlagé.” Oct. 12, 1374. “John of Gaunt’s Register,” ed. S. Armitage Smith, document 1544.
[352] “Cecidit in foveam quam fecit.” Psalm vii. 16: “cecidit” should be “incidit.” “Year Books,” Edward I, year 21–22, p. 447. In another case, counsel delighted at a statement of the judge, exclaims in his joy: “Beatus venter qui te portavit.” Ibid. p. 437. Judges sometimes indulged in familiar speech, bets and witticisms: “I will wager a cask of wine on it.” “If you find it, I will give you my hood.” “Year Books of Edward II,” ed. G. J. Turner, Selden Society, 1914, years 1310–1311, pp. 44, 168.
[353] Late thirteenth century, in Madox, “Formulare Anglicanum,” London, 1702, fol., p. 416.
[354] “Sciant presentes et futuri quod ego Johannes filius Thome vendidi et quietum clamavi de me et heredibus meis domino Hugoni abbati Sancti Edmundi et successoribus suis inprimum Servalum filium Willielmi de Wurtham cum tota sequela sua et omnibus catallis suis et cum toto tenemento quod de me tenuit in Wurtham sine ullo retenemento pro sexdecim solidis argenti quos idem abbas michi dedit. Et ut hec mea vendicio . . . firma sit . . . presentem cartam meam feci . . .” Temp. Ed. I, MS. Addit. 14850, in the British Museum fol. 59. “The existing evidence,” says Vinogradoff, “entitles one to maintain that a villain could be lawfully sold, with all his family, his sequela, but that in practice such transactions were uncommon.” “Villainage in England,” Oxford, 1892, p. 151.
[355] “Chronica Monasterii de Melsa,” Rolls, ii. 97 ff., the case being of the second half of the thirteenth century. The duel was, of course, one cum fuste et scuto, the fighters clubbing each other to their best, as in the case of the before mentioned Thomas de Bruges. Above, p. [117].
[356] The year books of Edward I show a marked tendency in the judge to interpret the laws and customs in a sense favourable to the freeing of the villein. One of the harsh theories of former days is declared by him “pejus quam falsum pur ce qe ce est heresie.” “Year Books of Ed. I,” years 30–31, A.D. 1302, ed. Horwood, Rolls, p. 167. See also, in the vol. for the years 34–35, the suit p. 13. But the judge could act thus only in doubtful cases: a man having acknowledged, in the presence of his master, that he was a villein, the judge says to the master: “Prenez le par le cou, comme votre vilain, lui et sa descendance à toujours.” Vol. for the years 30–31, p. 201.
[357] See an example of such commutation, with a tariff established, “ex antiqua et usitata consuetudine,” for various services according to the season, for oats to be supplied to the lord (the abbot of Bury), etc., in MS. Addit. 14850, British Museum, fol. 143; year 1438.