First Caid Legal Guild meeting

We are trying to have a first meeting at Calafia Anniversary on November 21st. I am planning to bring my small, white canvas sunshade, so look for it!

I haven't forgotten about you, I promise...

Over the next week or so, I will be working on an article for The Crown Prints, and I won't be posting any new letters until I finish. I'll let the gentle who I am using their question that (hopefully) it will be in January's Crown Prints.

Dauid

Highway Robbery - Part Deux

*Additional correspondence with James gave rise to other potential legal issues, discussed below.

Dauid -
While your information is, well, informative for some circumstances, my situation, living on the Border of Scotland and England, might expose me to other laws. What other issues should I be concerned with?
James the Curious

Curious James-

You are quite correct, and I apologize for my incomplete and slightly off-topic answer to your inquiry. As you know, the border of Scotland and England was governed by a special set of laws,called Border Laws.1 These laws were specifically created to deal with the circumstances when a subject of one country would cross the border into the other, commit a crime, then pass back into their own country. These lawless men, called reivers, often travelled in groups to conduct raids across the border.2 The word "reive" comes from the English, meaning "to rob or plunder." 3After they returned to their own country, they would not be held responsible for their actions in the other country. This led to virtual lawlessness along the Scotland/England border.

To combat this rampant lawlessness, Border Laws were created, in which offenders who committed crimes and went back across the border would be brought back to a nearby town adjacent to the border to face trial. Guilt or innocence was determined by trial by combat.3 These trials would be conducted on the Day of Truce, where wardens from each side of the border would meet to conduct trials concerning cross-border incidents.4 The wardens were very distrustful of their cross-border counterpart, but by the use of formalities, including swearing of "Assurances" that both sides would have safe conduct during the Day of Truce.5

As you correctly pointed out in our correspondence, many times the fugitives sought by the wardens could not be located, or was protected and hidden by his clan to prevent capture. At the appointed time and place, the accused and the accuser would gather to do battle to settle the matter.6 If the accuser failed to show up, the matter would be closed. If a witness who accused a person later recanted, the accused could then seek justice against the witness, via combat, of course.

Taking these factors into consideration, my previous hypothetical advice of potentially looking for fairer climes stands.

I hope this additional information proves useful.

Yours in Service,

Lord Dauid Eadwines sune

Footnotes:

1: http://ukirishhistory.suite101.com/article.cfm/border_laws_of_medieval_britain
2: http://www.nwlink.com/~scotlass/border.htm#THE BORDER REIVER
3: merriam-webster.com
4: http://modern-british-history.suite101.com/article.cfm/law_on_the_englishscottish_border
5:http://modern-british-history.suite101.com/article.cfm/law_on_the_englishscottish_border
6: Trial by Combat, George Neilson 1891 pp. 127-128(available online at http://books.google.com/books?id=4VEYAAAAMAAJ&pg=PA126&dq=leges+marchiarum&as_brr=1&ei=9Pr6StT9BY7CkASFro2lDw#v=onepage&q=leges%20marchiarum&f=false)

Highway robbery?

Dauid,
So, totally like speculative, of academic curiosity only, let's say I was to run into some annoying fellow on the open road, and quite justifiably, seeing as he was so annoying, I was to beat him liberally about the head and shoulders. Once I go through the body looking for loose change and such, would I have to split that with my worthless partner, who wasn't even there, didn't help, and wouldn't know, or can I keep it all to help pay off my bookie?
James the Curious

Curious James –
Your inquiry raises many legal questions. In an endeavor to provide complete counsel, I will address each issue separately.

Highway robbery : I believe you are from Scotland in the late 13th century. From your description of the events, it appears that you beat someone “liberally about the head and shoulders.” After beating him, you proceeded to take any coin you were able to find. This series of events would most assuredly earn you a new title. Depending on whether you traveled on foot or by horseback, you would now be called a footpad or highwayman.1 These are not, of course, flattering titles, but instead descriptors as one who engages in robbery. It pains me to note that another term used was “high lawyer.” 2 You certainly are not the first noble to travel down this path, though most who were considered robbers committed crimes during periods of anarchy, such as during the civil unrest during the reign of King Stephen. 3

Robbery was considered one of the four crimes exclusively reserved for the King’s Court; rape, robbery, murder and treason, with murder being by far the most common crime.4 If we can consider the Pleas of the Crown of the borough of Oxford, before Salomon de Roff, Richard de Boyland, Robert Fulcon, Roger Loveday, and Geoffrey de Pycheford, itinerant justices at Oxford on 14 January 1285 to be representative, the good news is robbers were not necessarily killed outright, though it would have been the more probable punishment. The bad news is that not one listed as convicted of Robbery survived their stay in prison.5 Others were allowed to be “purged by water,” 6

Had you merely beat this hypothetical person without taking his money, a completely different set of rules would apply, with monetary payment to the victim and a fine being the most probable outcome. I would be happy to discuss that circumstance in the future.

Splitting money with your worthless partner: To properly address this issue, I would want to know what the nature of your partnership consists of. As a general principle, however, it is a long-held legal axiom that contracts to engage in illegal activity are not enforceable. As, hypothetically, of course, you have engaged in the criminal act of highway robbery, your partner could not seek to force you to share your ill-gotten gains through a court of law. Whether he might resort to other ways of “encouragement” might be something to consider when making your decision to include him in your windfall.

Gambling: By “bookie,” I presume you are referring to those individuals who take wagers on various events, paying those who are successful and collecting from those who lady luck does not smile upon. In Scotland during the 13th Century, gambling took many forms, from dice to chess, from cock fighting to bull baiting. 7 Using your coin to settle a debt would not be an unwise use of your coin, as to avoid being brought to court to enforce your debt. However, considering the other issues you face, hypothetically, owing money to a “bookie” might be the least of your problems.

Expeditious departure: Throughout the middle ages, many persons who committed crimes of the type you hypothesize tended to make themselves scarce when charges were levied.8 While a flight from justice did not stop the King’s court from assigning guilt, it did prevent the punishment portion of the trial. Had you done what you hypothetically describe, a change of venue might be prudent. As an added bonus, any money owed to a partner or a bookie would be effectively discharged. Of course, I could not recommend such action, as it would be contrary to upholding the law.

I hope this information has quenched your curiosity about such vile and despicable acts. Surely one as noble and good-hearted as yourself was merely interested on learning about those less virtuous. Of course, if I happen to hear that you have left for more comfortable climes elsewhere, I certainly wish you all the best.

Yours in Service,
Lord Dauid Eadwines sune

Footnotes
1: Samuel Rid, Martin Markall, Beadle of Bridewell, ed. A. V. Judges in The Elizabethan Underworld (London, George Routledge, 1930)
2: Id.
3: Anglo-Saxon Chronicle , 1154
4: The London Eyre of 1276 – Edited by Martin Weinbaum, 1976 – online at http://www.british-history.ac.uk/source.aspx?pubid=156
5: Transcription by Brian Twyne, 17th century, of a document once among the Public Records listed on http://www.the-orb.net/encyclop/culture/towns/florilegium/government/gvjust22.html
6: Pleas Before the Justices in Eyre in the Reign of King John – 1201 A.D. online at http://www.fordham.edu/halsall/seth/pleas-cornish.html
7: http://www.medieval-life.net/games.htm
8: See footnotes 4 and 6 for descriptions of people prosecuted in absentia.

I'm Ba-ack...

After 4 days with my family, I'm ready to go back to work. I will be posting in the next day or so a legal conundrum from "James the Curious." Please, don't hesitate to contact me with your legal issues. Just a note: I do accept training in other arts and sciences, as well as garb, as payment for my services. Just sayin'.

Caid's Legal Guild!

Caid's Legal Guild is forming now! All those who wish to further their study of medieval legal issues is encouraged to join. No previous legal experience or education necessary!! Please contact me at sinistersword@gmail.com if you are interested. It is my hope to organize an informal meeting at an upcoming event, to be named later.

Flying the coop for a few days

Just a quick note to let anyone who sends request for information over the next few days: I will be unavailable to respond to your requests until Monday. In the meantime, send your request and DON'T SAY ANYTHING!! When I return, I will reply to let you know I have received your missive, and will attempt a rough estimate on when I can respond.

Also, be advised that your legal question might be answered via Caid's Kingdom Newsletter, The Crown Prints. If answered in this manner, it will not be posted to Medieval Legal Eagle until after it has been published. I will, of course, let you know as soon as possible that this is where your question will be answered.

A brewing problem?

Lord Dauid –
I am a brewer of no small fame and my brews are in high demand. I know my quality is par excellence, but do I have to worry about any legal issues? After all, the last thing I wish is to brew up trouble.
“Master Ronald”

Dear Master Ronald –
You are right to be concerned, if you are an English subject at least. Your trade, selling Ale and the like, falls under the jurisdiction of the Court Leet, also called frankpledge. 1There were three types of secular courts in Medieval England; Assizes, Court Baron and Court Leet, although by the 13th century, Court Baron and Court Leet were effectively interchangeable. This term is different than the popular Knowne World conception of Court Baron, so beware of unscrupulous types who have been awarded a Court Barony who attempt to use their station to get free drink. Instead, Court Baron is a type of court, not a person. Court Baron often dealt with local issues of the manor, such as admitting new tenants to the land. Most other issues, including minor crimes, civil issues, and various court officers would be handled by the Court Leet, whereas major crimes would be handled by Assizes, roaming courts that would hear criminal cases a limited number of times during the year.2 Among the Court Leet’s many responsibilities were adjudicating issues concerning the quality of food and drink. To do so, various officials would be appointed. Carniters, also known as meat tasters, were responsible for the quality of meat in the local area. Likewise, Bread Tasters ensured that bread being sold was not more sawdust than grain.3

The official of most concern to you is called the Ale Conner, or ale taster. It is the Ale Conner’s job to make sure that the ale you sell is not too weak or of inferior quality, as well as assign a tax according to the strength of the ale. According to legend, there are various methods that the Ale Conner can do this. One more interesting method is to pour some ale on a wooden bench and sit on the puddle of ale while wearing leather pants. If, after waiting for 30 minutes, he sticks to the bench, there is too much sugar in the ale, and is thus impure. An alternative thought was that if the pants did not stick, the ale was too thin and unworthy of the courts seal of approval. The more likely method of checking the quality and strength of the ale was to drink a small amount. In London as of 1419, the Ale Conner had to swear an oath that he wouldn’t let ale brewers sell above a certain price, and if after tasting the ale, would ensure that the price matched the quality.4

The fines for selling weakened ale could be steep. For selling as few as 3 times before tasting by the Ale Conner, you could be fined 12 pence. This was not a rare occurrence, either. Many brewers have been fined with the only explanation being the ale was “too weak” or “not of good enough quality.” 5

I hope that I have impressed upon you the importance of getting your ale approved by your local Ale Conner. Alas that I do not live in your Barony, or I would be most anxious to be appointed Ale Conner. In fact, if Their Excellencies in my home Barony of Altavia require the services of an Ale Conner, I humbly offer my services.

Yours in Service,

Lord Dauid Eadwines sune

Footnotes
1: For more information on frankpledge, see The Frankpledge System by William Alfred Morris, PhD. 1910, available free of copyright at http://www.archive.org/details/frankpledgesyste00morriala; see also A Tretese on Copyhold, Customary Freehold and Ancient Demense Tenure with the Jurisdiction of Courts Baron and Courts Leet by John Scriven, Esq., Sergent at Law, Volume II, 1834, available free of copyright at http://books.google.co.uk/books?id=MfAyAAAAIAAJ&pg=PR1#v=onepage&q=&f=false
2: A more thorough description of the various courts and their jurisdictions will be discussed in the future.
3: Source: http://www.british-history.ac.uk/report.aspx?compid=63777
4: Source: A History of Beer and Brewing by Ian Spencer Hornsey, Cambridge 2003 p. 285
5: Source: Life in a Medieval Village, Francis and Joseph Gies, New York 1990 pp. 182-183