All villages in the 14th Century had a list of local by-laws. These
laws were listed in a document called the Custumal. If villagers saw
someone breaking the law, it was their responsibility to raise the
alarm, chase after the culprit, and, if possible, detain the person
until help arrived. When the other villagers heard what was known
as the 'hue and cry', they had to stop whatever they were doing, and
join in the chase. If anyone failed to do this, they could find themselves
standing trial with the person who originally broke the by-law.
The Manor Court was held
at regular intervals to deal with those accused of breaking the village
by-laws. This took place in one of three places; the parish church,
a building owned by the lord of the manor, or by the oldest tree in
the village. Yalding's Manor Court was held every six months at Court
Lodge. John Giffard was in charge of the court. Geoffrey Fletcher,
the manorial clerk, wrote down on rolls of parchment everything that
was decided at the court. That is why we call the court records, the
'court rolls'.
The first thing that usually
happened at the Manor Court was the selection of the jury. In some
villages they used the same people for several years, whereas in others
it was the custom for a new jury to be selected every time the manor
court met. There were usually twelve people in a jury, but in some
manor courts they had as
many as thirty members.
After the election of
the jury, recent changes in the holding of land in the village were
recorded. New land holders had to swear on the Bible that "So
help me God and all his Saints that from this day forth I will be
true and truthful to the Lord of the Manor". If they were also
serfs they had to promise to do the required labour services and not
to run away from the village.
Once a year the village
officials such as the reeve, constable, hayward and woodward were
elected at the Manor Court. People could also bring complaints to
the Manor Court about the way the officials had been carrying out
their duties. If the jury decided that these complaints were justified,
the official would be fined.
Witnesses to the crime
would give evidence. Before doing so, the witnesses would swear to
God that they were telling the truth. This was very important as people
in the Middle Ages believed that if a person lied in the Manor Court,
they would go to hell when they died. In some villages, members of
the jury could cross-examine witnesses.
When all the evidence had
been heard, the jurors would make their final judgement. This judgement
would be based on both the evidence and on their personal knowledge
of the accused. The jury's decision had to be unanimous. Therefore,
the minority were expected to change their minds in order to agree
with the majority. If they failed to do this, they would be fined
by the court.
Most of those found guilty
of offences at the Manor Court would be fined. The level of the fine
was determined by the officer in charge of the court. The lord of
the manor had devised this system to raise money as well as to maintain
order in the village. When individuals committed offences against
the village as a whole, such as selling underweight bread, they were
usually punished by spending time in the stocks. At Yalding, the stocks
were on the green facing Court Lodge.
If people committed serious
crimes they should have been sent to the king's courts. However, many
lords of the manor preferred to deal with these crimes in the Manor
Court and there are several examples in the court rolls of
villagers being executed or mutilated. This usually involved the removal
of an ear or thumb.
Stealing goods worth more
than a shilling was a felony. A person found guilty of a felony could
be executed. Methods varied from area to area. The most common method
was to hang them from an oak tree or on a wooden gallows where two
roads crossed. In some parts of Kent, criminals were buried alive.
In coastal areas, the convicted person was thrown off the nearest
cliff. In Pevensey the offender was taken to the town bridge at high
tide and thrown into the harbour. At Portsmouth murderers were burnt
to death and in Halifax they had their heads cut off with an axe.
1. Look at the Manor
Court: April, 1334, Manor Court: October,
1334, Manor Court: April, 1335 and
Manor Court: October, 1335. Find examples
of where you or
members of your family were named in the court rolls. Write these
details down in Section 13 of your Family
Information Chart.
2. Read Yalding's
Custumal. Write down in your book the laws that the Manor Court
claimed you had broken. When you broke the law did you create problems
for: (a) Hugh de Audley; (b) the villagers of Yalding?
3. Write a speech on Yalding's
Custumal. Explain your feelings about the way you have been treated
at the Manor Court. Select three laws from the Custumal that you believe
should be changed. Explain why.
Available
from Amazon Books (order below)
