40. JUDICIAL RECORDS OF 1194
(A) Articles for the General Eyre
In the first place, four knights are to be elected from the entire
county, who on oath shall elect two lawful knights from each hundred or
wapentake, and these two shall on oath elect ten [additional] knights — or
free and lawful men, if knights are not available — from each hundred or
wapentake; so that these twelve shall together make response concerning all the
[following] articles for the entire hundred or wapentake.
1. Concerning the pleas of the crown, both old and new, and all those
which have not yet been determined before the justices of the lord king.
2. Item, concerning all recognitions and all pleas which have been
summoned before the justices by writ of the king or of his chief justice, or
those which have been sent before them from the principal court of the
3. Item, concerning escheats, which now exist, and which occurred after
the king set out for the land of Jerusalem, and which were then in the king's
hands, and whether or not they are in his hands now; and concerning all
escheats of the lord king, if they have been taken out of his hands, how and by
whom [it was done] and into whose hands they have come, and who has thence had
the revenue and how, what it was, what it has been worth, and what it is worth
now; and if there has been any escheat which belongs to the lord king and which
is not in his hands.
4. Item, concerning churches which are in the gift of the lord king.
5. Item, concerning the wardships over children to which the king is
6. Item, concerning the marriages of girls or widows to which the lord
king is entitled.
7. Item, concerning malefactors and their receivers and
8. Item, concerning falsifiers.
9. Item, concerning the slayers of Jews, who they are; and concerning
the pledges of the slain Jews, and their chattels, lands, debts, and charters
...; and all the pledges and debts of the slain Jews shall be taken into the
king's hands; and those who were present at the slaying of the Jews, and who
have not yet fined with the lord king or his justices, shall be arrested and
shall be freed only by the lord king or his justices.
10. Item, concerning all aids paid for the ransom of the lord king, who
made promises and to what amount, how much he has paid and how much is in
11. Item, concerning the adherents of Earl John, which ones
have fined with the lord king and which have not.
12. Item, concerning the chattels of Earl John or of his adherents,
which have not been confiscated for the use of the lord king, how much the
sheriffs or their bailiffs have received, and who has bestowed anything
contrary to the ancient customs of the kingdom.
13. Item, concerning all the lands of Earl John, his demesnes,
wardships, escheats, and grants, and why the grants were made; and such grants
of Earl John and all of them shall be taken into the lord king's hands, except
those which have been confirmed by the king.
14. Item, concerning debts and fines which were owed to Earl John, and
why; and all of them shall be exacted for the use of the lord king.
15. Item, concerning money-lenders who have died, and their
16. Item, concerning wines sold contrary to the assize and concerning
false measures both of wine and of other things.
17. Item, concerning crusaders who died before setting out for
Jerusalem, who has had their chattels and what and how many these are.
18. Item, concerning grand assizes, which involve 100s.
worth of land, and which less.
19. Item, concerning defaults.
20. Furthermore, in each county three knights and a clerk shall be
elected as keepers of the crown pleas.
21. And no sheriff shall be justice within his shrievalty or within any
county that he has held since the first coronation of the lord king.
22. Furthermore, all the cities, boroughs, and demesnes of the lord king
shall be tallaged.
23. Moreover, the justices named... shall cause to be
summoned the knights of the county named in the roll to come on the day and to
the place of which they shall make announcement, and in their presence they
shall have those men swear to do all that is lawfully possible to restore the
wardships and escheats of the lord king and to evaluate them for the advantage
of the lord king, failing to do so for neither hate nor favour nor grace of any
24. All debts and pledges of Jews shall be enrolled, [also their] lands,
houses, rents, and possessions. Moreover, a Jew who conceals any of these is to
incur forfeiture to the lord king of his body and of what he has concealed, as
well as of all his possessions and all his chattels. Nor shall it be permitted
for the Jew ever to recover what he has concealed. Furthermore, six or seven
places shall be provided, where [Jews] are to make their loans. And two lawful
Christians, two lawful Jews, and two lawful scribes shall be provided, before
whom and the clerk of William of St. Mary's Church and of William de Chimelli
the loans are to be made. And the charters for the loans shall be made in the
form of a chirograph: one part, sealed with the seal of the
borrower, to remain with the Jew; the other to remain in a common chest, on
which are three locks. Of the keys to these locks the two Christians shall have
one, the two Jews a second, and the clerk of William of St. Mary's Church and
of William de Chimelli the third. And besides [there shall be on the chest]
three seals; those having the keys shall affix their seals. ... And
henceforth no loan, no payment to Jews, and no change in the charters shall be
made except in the presence of the aforesaid men or the majority of them, if
all cannot be present. And the two Christians aforesaid shall have one receipt
roll for payments henceforth to be made to Jews, and the two Jews shall have
one, and the keeper of the roll [shall have] one. Furthermore, every Jew shall
swear on his scroll that he will enroll all his debts, pledges,
and rents, and all his goods and possessions, and that he will conceal nothing,
as aforesaid; and [that], if he should gain knowledge that any one has
concealed anything, he will secretly reveal it to the justices on mission, that
he will detect and denounce forgers of charters and clippers of coin whenever
he learns of them, and [that he will act] in the same way with regard to the
(Latin) Ibid., pp. 250 f.
(B) Excerpts from a Court Roll of 6 Richard
Wiltshire Pleas and Assizes.... The assize comes to make recognition
whether Richard le Cras unlawfully and without judgment disseised Walter son of
Philip of his free tenement in Melksham after the first coronation of the lord
king. The jurors say that they do not know whether or not it is a free
tenement. Let him ask other jurors if he wishes....
The assize comes to make recognition whether the prior of Farley
unlawfully and without judgment disseised William Burnel of his free tenement
in Penly after the first coronation of the lord king. The jurors say that the
prior of Farley did disseise him of it. Judgment: William to have seisin of it
and the prior [to be] in mercy....
The assize comes to make recognition whether Payn Burnel, uncle of Ralph
de Berners, was seised in demesne as of his fee on the day that he died of one
virgate of land with its appurtenances in Hillcot, and whether he died after
the first coronation of Henry, the king's father, and whether Ralph is his
nearest heir — which land is held by Henry de Berners. The jurors say that
Payn was not seised of it on the day that he died. Judgment: Henry to hold in
peace and Ralph [to be] in mercy for a false claim....
The assize comes to make recognition whether Richard, uncle of William,
was seised in demesne as of his fee on the day that he died of one virgate of
land in Charlton, and whether he died after the first coronation of Henry, the
king's father, and whether William is his nearest heir — which land is
held by Isabel of Marlborough and Thomas, her son. And Isabel and Thomas have
said that they claim nothing in that land of right, but that they
hold it as villeinage of the canons of Charlton, and [that it is] free alms of
Reginald de Pavillon who gave that land to the aforesaid canons. And William
asks the assize that recognition be made whether that land was free tenement or
villeinage when that land was to be inspected and was inspected. The jurors say
that, when by the king's writ that land was inspected, Isabel held that land as
a free tenement. Judgment: William to have that land and Isabel [to be] in
Hundred of Calne, inside and outside [the borough]. The jurors say that
a certain man was found dead in the fields of Cherhill and it is not known who
he was. Murder.
Eli of Stodlegh and the forester of G[eoffry] Fitz-Peter, in the home of
Herbert the Chamberlain (de Camera), took a certain Matthew who, they
said, was an outlaw, and who was handed over to G[eoffrey] Fitz-Peter by writ
of the archbishop of Rouen. And the said Herbert was therefore put
under gage and pledge. And the jurors say that they made no imputation against
the said Herbert besides that reception of Matthew. And Herbert appears and
acknowledges that he gave lodging [to Matthew] that one time when he was
captured, not knowing that he was a malefactor. Herbert is to be quit. Tova,
wife of Ralph Jagard, has accused Ralph, nephew of Hugh de Brewer, and others
of having stolen a certain pig, and she has withdrawn [from her suit]. In
Berwick is an escheat of the lord king and is worth £15. John
Marshal had possession of it and thence took 75s. Then Henry de
Longchamps had it and thence took £26. 5s., and after him the
sheriff of Wiltshire thence took £7. 10s.... Again William de
Braose held it and thence took £15, and he still has it....
Richard, son of Elmer, and Alfred the Ploughman fled on account of the
robbery of sheep from the castle of Marlborough, and they were in the tithing
of Walter.... In mercy.
The same [jurors] say that Philip and Arnold of Calne were at the taking
of the sheep of Marlborough, together with others who fled, and that Arnold was
not in any tithing. And Philip comes and acknowledges that he was there and
that Arnold was with him. Philip is to be put under pledge, in case any one
wishes to bring suit against him....
Sum of the first aid from the vill of Calne 4m.,
which the sheriff has received. Sum of the second tallage £4. 16s.
8d., which the sheriff has received.
Sum of the first aid from the hundred outside [the borough] £25.
18s. 11d., which the clerks of the sheriff have received. Sum of
the second aid £4. 6s. 8d., [which] Thomas the clerk has
received. Sum of the hidage £9. 18d. Adam, clerk of the sheriff,
has received all except 23s., which Guy de Dives has received, and
[except] 20s. from the hidage of Alan Basset....
Manor of Malmesbury. Emma of Summerford was slain in the house of her
mother, and Thomas and Richard of Malmesbury were on that account accused. And
the whole jury, being interrogated concerning it, said that they did not
suspect the aforesaid Thomas and Richard of Malmesbury of the death of the same
Emma. And the knights of the whole county said that they did suspect the
aforesaid Thomas and Richard, because the same men then proceeded to
Gloucester, and they are convinced that the same men proceeded to Gloucester
for the sake of there selling the chattels of that woman. Thomas and Richard
are to clear themselves by the water.
Sum of the first aid 67s. 6d.; sum of the second aid
£5. 10s. 9d. — which [sums] Ralph Fitz-Stephen has
received. Sum of the hidage 2s., which Laurence the serjeant of the
hundred has received.
Hundred of Sedgelaw. The jurors say that a certain man was slain at
Ashley, and his wife on that account accused John and Hugh, serjeants of the
abbot of Malmesbury in the vill of Crudwell, and they fled. John was in the
tithing of Walter Scarlet of Norton, and Hugh was a clerk. They are to be
Fulling, land of Walter Maltravers, is escheat, and it is worth
50s. and is in the hands of Walter of St. Mary's Church.
Countess Margaret is in the gift of the lord king and has the wardship
of her son by [grant of] the lord king....
Hundred of Bradford.... In the vill of Bradford a certain woman was
slain .... and Agatha was taken on the appeal of the mother and father of the
slain woman and incarcerated at Salisbury. And when Earl J[ohn] broke the jail,
then she escaped with the other prisoners and was never seen afterwards....
Englishry was presented at the [proper] term.
A certain infant of twelve years was drowned at Broughton, and Englishry
was not presented.... Accident....
Hundred of Devizes. The churches of Devizes were given to William de
Furneaux by Earl John, and they are worth 3½m.
Sum of the first aid for the ransom of the lord king 3m., which
Roger Fitz-Everard and Walter Giffard received. Sum of the second [aid]
100s. 7d., which Guy de Dives paid at the exchequer, and for
which he has [a receipt].
Concerning the other articles [the jurors report] nothing.
(Latin) Maitland, Rolls of the King's Court, pp.
 See above, p. 80, n. 2; and cf. art. 24, below.
 The king's brother, who had conspired against him and who
had just been driven out of England.
 Trials in which a disputed title to land was settled by a
jury of knights; see Pollock and Maitland, I, 147.
 That is to say, coroners. See above, p. 53, n. 16; also
nos. 39B, 53D.  See no. 37B.
 That is to say, those on eyre in that region.
 These knights are to choose twelve lawful men in each
region of the county and the twelve are to choose enough of the freer men in
each wardship or escheat to meet the needs of the king. From information thus
obtained the manors are to be evaluated, restocked whenever necessary, and let
 Two copies inscribed on one piece of parchment were
separated by cutting through letters, such as CHIROGRAPH, written in between the two.
 Details follow in the text for enrolling such records and
concerning the fees to be paid to the scribes.
 Of the Hebrew law.
 The first part is a record of civil pleas held before the
itinerant justices; the second is a record of the returns made to the articles
in the preceding document. See Maitland's introduction to the volume cited
below. For the forms of action here illustrated, cf. no. 33.
 Since they hold in villeinage, which is not protected by
the king's court; see above, p. 82, n. 1.
 See above, p. 36, n. 2.
 See above, p. 101, n. 9.
 Marginal notation.
 Marginal notation. Walter and his tithing are to be
amerced because of the escape; see above, p. 37, n. 6.
 The following entries deal with the various taxes levied
for Richard's ransom. Auxilium and tallagium sometimes appear as
 See no. 31, art. 2.