to check the name on a small sheet of parchment in his hand. “Can you tell me what happened?”
“Certainly, the little English shite came here, all stuck up, and told me what I had to do- or at least stop doing. So I had my servant give him a beating to teach him his manners,” replied Albyn contemptuously.
“Who else was there?” asked Alan.
Albyn shrugged. “I suppose my men, Arnaud and Josselin, my English steward Wyman and a few of the servants. I don’t know their names. Why?”
“Assault is a serious crime in England. Slean’s bot, or compensation, if proven will be six shillings for each of the teeth that he lost and a shilling for the bruising. If proven, I’ll also order a fine of the same amount, with both to be payable by you personally. Here is your Summons to attend at the Hundred court on Monday the 17th September. Fetch Wallis.” A few moments later Alan handed Wallis his Summons and explained what it meant. “A Summons will arrive in the next few days for Arnaud, Josselin and Wyman. Do not ignore the Summonses, as the penalty is forfeiture of an ox each.”
Alan leaned forward and tapped on the table in front of an angry and nonplussed Albyn. “Be under no misapprehension that the law applies to you and your men and I will impose it rigorously. The people you deal with, except your own slaves, are freemen and entitled to the protection of the law. Even every one of your own villagers. Don’t make the mistake that just because a man or woman does not speak French they are your inferior and you can do as you wish.”
“You can’t do this!” Albyn finally managed to blurt out. “I am one of Bishop William’s men. I demand trial before the Shire Court!”
“I wouldn’t care if you were the pope himself. I have jurisdiction in this Hundred, given to me by the king himself. If you were charged, which you have not been, thanks to Edward’s generosity, after I hear the case you would have the right of appeal to the Curia Regis. Of which I am also a member. Then we would see who has the greatest influence, me or your precious bishop. Don’t forget, nine in the forenoon on Monday 17th September at the Old Hall at Thorrington.”
As Alan rode back home to Thorrington he wondered whether Albyn would call his bluff. England
Three days later Alan was in the Hall of Roger de Montvilliers at Great Clacton, accompanying Leofstan of Great Holland. The reception had been more polite and this time their retainer’s swords were left by the door, as was custom.
They were accompanied by four of Leofstan’s huscarles, who sat against the wall. Leofstan, Osmund and Alan sat at a table with Roger’s clerk. After a few minutes polite chat between Alan and Roger Alan said, “Leofstan here, of course, is your neighbour, but doesn’t speak much French. He does speak Latin. Do you have any English or Latin? No, well I’ll do my best to explain the problem. Leofstan tells me that there’s a woodland that’s partly on your land and partly on his estate of Little Holland. He’s mentioned to me that deer fencing has been put up on your side of the boundary, which means that the deer can freely pass from his side to yours, but can’t get back and he’s concerned that this might upset relations between your estates.”
Roger, an older and more intelligent man than Albyn, smiled and said, “I’ve heard about your recent talk with de Bruges. There is nothing illegal in putting up deer fencing on your own land.”
“Oh I quite agree,” replied Alan amiably, sipping at the cup of rather sour wine that had been provided. “And I told Leofstan the same thing. I had hoped that raising the matter in a friendly way may be able to avoid any misunderstandings that could all too easily lead to tension between neighbours. I also discussed with Leofstan that he’s been thinking of damming the local stream to provide water that he can use to make a fishery. It’s been a project of his for some time now, but he’s been putting it off because of the effect it may have on the water-mill on your land, which I understand also relies on the stream. You see, in a reasonably densely-populated area like this, we often can’t do anything without in impacting on others. Now about these fences, do you really need them…?”
The next week it was, in a way, a more simple matter to journey to Little Clacton to seize one of Geoffrey de Rouen’s men, a Norman servant named Gautier charged with rape of a woman at Weeley.
All in all, it appeared as if it would be an interesting day at the Hundred court that month.
Alan called the court to session at nine in the forenoon. As was usual for court-days, the Old Hall was packed as there was little to do for entertainment in Tendring Hundred and word had passed that this sitting was likely to be memorable. Alan announced that the usual double-sitting at each end of the Hall would not be followed due to the importance of some of the cases and his need for both scribes. He was joined on the bench by Harold of Frinton and Leofson of Moze, neither of whom had yet had dealings with the new lords of Little and Great Clacton and St Osyth. Each gave oath that they would try the cases before them that day impartially and without prejudice.
All four of the new foreign lords were present and Alan had Osmund give them a little homily on the English law system and the use of the frankpledge or frithbogh before Alan continued in Norman, “This court administers two systems of law. Norman to Normans and West Saxon to English and other foreigners. I sit with two fellow judges, who are men of noble rank and respected thegns of the Hundred. Proceedings will be conducted in English as that is the language that the judges and most of the complainants, defendants and witnesses understand.
“Today I’ll have Brother Wacian give a running commentary in French and translating question and answer for those cases involving your men. Osmund will write the transcript, and as usual this will be in Latin. He writes quicker than Brother Wacian. The judgments will be the decision of the three judges and will be handed down by me, in the case of your men both in English and French. There is a right of appeal to the Curia Regis, the King’s Council, and the transcripts are forwarded to the Royal High Chancellor as a matter of course each Quarter. If you wish to be involved in the administration of justice in this Hundred, as is both your right and responsibility, I suggest you learn English well and quickly. Now to the first case.”
Gautier was hauled before the court in chains. Not being a member of a frithbogh who would ensure his attendance, he’d been kept in custody and both his person and clothes were dirty. Initially nervous, he apparently drew heart from the presence of four lords clearly of French appearance and a dozen or so of their retainers.
Alan began, pausing after every sentence to allow translation. “Gautier of Little Clacton you are charged with the rape of a maid named Mildreth of Weeley, at Weeley on the morning of Saturday the 8th of September, the day of the Feast of the Birth of the Blessed Virgin Mary. Do you understand the charge, and if so, how do you plead?”
“Not guilty,” said Gautier in a firm voice.
“Remember you are on oath to tell the truth. This is a serious oath and if you or any of the others breach it, they are liable both to a fine and to a sentence never to shriven or to be buried in hallowed ground on their death. That means to be condemned to everlasting damnation.
“Do you agree that you were at Weeley at that time on that date? Yes. And were you there on your lord’s business? No. It is three miles from Little Clacton to Weeley, a long way to walk if you have no business there. Can you explain why you went? You just wanted to stretch your legs, you say.” Alan was translating the replies from French back into English for his fellow-judges and those in court, being careful not to place words in Gautier’s mouth. “What are your duties at Little Clacton? Lord Geoffrey’s personal servant. Stand down for a while and we will examine the complainant.”
The girl Mildreth was about fifteen years of age and quite comely, tall and blonde. She was a cheorl, a freewoman, and the daughter of Holt the cheorl who owned the dairy at Weeley. Late in the morning she had just returned to the dairy from an errand, when a man she identified as Gautier followed her in the door and immediately assaulted her, exposing her bosom, ripping her dress and after throwing her to the floor took her by force.
Her cries for assistance had immediately brought the two other girls who worked at the dairy, but they were unable to help. After several minutes a man of the village, Tobrytan, had intervened and the attacker ran off with Tobrytan raising the Hue and Cry while the other girls cared for Mildreth and took her home. She recognised Gautier and with satisfaction explained she had marked him by scratching his face with her long finger-nails. The partly healed scratches could still be seen on Gautier’s face and Alan commented that when he and the other two judges
