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or tenurial services, claims for homage, relief, and
for wardship; enfeoffments made, battery and brawls not amounting
to felony, wounding and maiming of beasts, collection of debts,
trespass, detinue [detention of personal property which originally
was rightfully acquired] and covenant, which now requires a sealed
writing; defamation, and inquiries and presentments arising from
the assizes of bread and ale and measures. A paid bailiff had
responsibility for the hundred court, which met every three weeks.
Still in existence is the old self-help law of hamsocne, the thief
hand-habbende, the thief back-berend, the old summary procedure
where the thief is caught in the act, AEthelstan's laws, Edward
the Confessor's laws, and Kent's childwyte [fine for begetting a
bastard on a lord's female bond slave]. Under the name of "actio
furti" [appeal of larceny] is the old process by which a thief can
be pursued and goods vindicated. As before and for centuries
later, deodands were forfeited to the king to appease God's wrath.
These chattel which caused the death of a person were usually
carts, cart teams, horses, boats, or millwheels. Then they were
forfeited to the community, which paid the king their worth.
Sometimes the justices named the charitable purpose for which the
deodand was to be spent, such as the price of a boat to go to the
repair of a bridge.
Five cases with short summaries are:
CASE: "John Croc was drowned from his horse and cart in the water
of Bickney. Judgment: misadventure. The price of the horse
and cart is 4s.6d. deodand."
CASE: "Willam Ruffus was crushed to death by a certain trunk. The
price of the trunk is 4d., for which the sheriff is to answer.
4d. deodand."
CASE: "William le Hauck killed Edric le Poter and fled, so he is
to be exacted and outlawed. He was in the tithing of Reynold
Horloc in Clandon of the abbot of Chertsey (West Clandon),
so it is in mercy. His chattels were 4 s., for which the
bailiff of the abbot of Chertsey is to answer."
CASE: "Richard de Bregsells, accused of larceny, comes and denies
the whole and puts himself on the country for good or ill.
The twelve jurors and four vills say that he is not guilty,
so he is quit."
CASE: William le Wimpler and William Vintner sold wine contrary
to the statute, so they are in mercy.
Other cases dealt with issues of entry, e.g. whether land was
c
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