People of Medieval Scotland
1093 - 1371

Document 5/3/0 (SHS Misc. xi, 81-85, 97-101)

Description
Gaol delivery at Edinburgh and pleas of the army on Tuesday next after St Barnabas’s Day, 24 Edward I (12 June 1296) 104. Robert de Castello and John of Morpeth were attached for fighting. They are agreed outwith the court. Therefore they make a fine etc., for which R. Clarel answers. (Fine 2s.) 105. Henry, serviens of Richard Burnel was attached for fighting, at the suit of Walter de Stretton his brother. They are agreed, therefore they make a fine etc., for which Robert the gaoler answers. (Fine 2s.) 106. Robert de Heleswith and Richard de Burford are attached for fighting. They are agreed, therefore they make a fine, for which Robert the gaoler answers. (Fine 2s.) 107. Henry Bay was attached at the suit of the king for taking a cloak from an unknown man and for the slaughter of the man. Henry puts himself on the jurors for good and ill. Therefore etc. The jurors say that he is not guilty, therefore he is acquitted. (Acquitted) 108. A day is given to Griffin Crakeyl and his fellows, men of the earl of Hereford, plaintiffs on the one part, and Warin de Staundon and other men of Nicholas de Audley, defendants on the other part, on the following day at the request of the parties. Later they are agreed by licence. Broyl de Turberville puts himself on the country. The sureties for amercement are Griffin ap Rhys and Howel ap Eynon, men of the earl of Hereford. The amercement is pardoned at the instance of Sir Gilbert de Bohun. (At the request of the parties) 109. Cynwrig ap Madog and Iorwerth ap Owen were charged at the suit of the king with a homicide done at Jedburgh, namely for killing one of their fellows, a Welshman. They say that they are not guilty and put themselves on the country. The jurors say on their oath that they are not guilty. Therefore they are acquitted. (Acquitted) 110. William de Halole brings a suit against Thomas de Werworth that he illegally took and led away his horse. 111. Therenard Barth was charged by the king because he slew the Welshman Enyon Vathan. He puts himself on the country. The jurors say on their oath that he killed Enyon feloniously. They say that he has no chattels. (To be hanged; no chattels) 112. Thomas Brenel was attached at the suit of Richard of Hereford. An adjournment was sought at the request of the parties, and they were agreed. Richard put himself in mercy. Robert the gaoler answers for it. (Amercement 12d.) 113. David ap Cynwrig was attached at the suit of Henry of Lancaster. Whereon he complains that on Friday next before the feast of St Barnabas the apostle [8 June] David took a horse of his from the field in Edinburgh, against the king’s peace, to Henry’s damage of a half mark. David comes and denies force, injury and damage etc. He says that he bought the horse at Carlisle, at the time when the Welshmen came to Scotland. He asks for enquiry to be made, as does Henry. Therefore the matter is put to an inquest. (Inquest) Pleas of the army at Edinburgh, Friday next before St Barnabas the Apostle’s day, 24 Edward I (8 June 1296) 137. Eynonus Day was attached to answer Richard Sparhauk on a plea of trespass. Later the case is adjourned by W. de Haukeswell at the instance of Sir William de la Pole. (Amercement pardoned) 138. Ythel ab Kaclyn of Whitchurch was attached to answer Roger, valet of John of Swinburn on a plea of trespass. Later they are agreed by licence. Ythel puts himself on the country. He makes a fine of 2s. (Amercement 2s., paid) 139. John Smith was attached to answer Nicholas de Cateby on a plea of illegal robbery of a horse. John presented himself but Nicholas has not prosecuted. Therefore he and his surety for prosecuting, namely William Francis, are in mercy. (Amercement 12d., paid) 140. David Gam was attached to answer Richard de Hale on a plea of trespass. Whereon he complains that David illegally robbed him of a striped surcoat at Wheelkirk [obsolete parish west of Southdean, ROX], to his damage etc. David comes and denies force etc. He says that he bought the surcoat in good faith in the king’s market in Jedburgh for 16d., and that he did not acquire it by malicious means. He asks for enquiry to be made, as does Richard. The jurors say on their oath that David maliciously stole the surcoat and that he is a thief. Asked about its value they say that it is worth 9d. Therefore he is sent to prison until etc. (To prison; amercement 12d.) 141. Peter de Mompelers, Robert, serviens of Gilbert, Alan de Henton, Eustace Mowere, Gilbert Collier and Walter de Fernacles appealed Meuric ab Ewan, Welshman, of the death of their fellow William and of the robbery of a tunic and a sword. Peter and the others have not prosecuted, and as each stood surety for the other and none has prosecuted, therefore they are to be taken. With respect to the suit of the king, Meuric says that he is a good and loyal man and is in no wise guilty, and he puts himself on the country. The jurors say on their oath that he is a good and loyal man and is in no wise guilty. Therefore he is acquitted. (Taken; acquitted) 142. William le Vielur and Matilda de Waketon were attached to answer Meuric on a plea of trespass. Whereon he complains that on Saturday before the quindene of Trinity [2 June] William came and shot at him with a bow and seriously injured him, to Meuric’s damage and against the peace etc. William says that he neither shot at Meuric with the bow nor injured him as the latter charged. He asks for enquiry to be made, as does Meuric. The jurors say on their oath that William and Matilda are not guilty but that if they did do this, they did it in self defence. Therefore it is considered that William and Matilda are acquitted. Meuric is in mercy. His surety is Sir John le Strange. (Amercement 12d.) 143. Thomas Davy was attached to answer Thomas Etecal on a plea that Thomas Davy illegally took and withholds from him a horse worth 5s. etc. Thomas Davy comes and denies force and injury when etc. He says that he bought the horse in the king’s market in Edinburgh with his own money and that he did not acquire it by malicious means. He asks for enquiry to be made. Thomas Etecal says that he was the lawful owner of the horse before the king’s arrival in Edinburgh, and he also asks for enquiry to be made. The jurors say on their oath that Thomas Etecal was the lawful owner of the horse, but they also say that Thomas Davy bought the horse in the king’s market as he said. Therefore it is considered that Thomas Etecal should recover the horse. Thomas Davy, because he also bought the horse, is acquitted. (Acquitted) 144. Robert de Merilou was attached to answer William of Cressingham on a plea that Robert illegally took and withholds from him a horse worth 4s. which was alienated from his custody almost a week ago, whereby he has suffered damage etc. Robert comes and denies force and injury when etc, and says that he bought the horse in good faith with his own money in the king’s market in Edinburgh. He asks for enquiry to be made, as does William. The jurors say on their oath that William is the lawful owner of the horse and that Robert did not buy it in the king’s market. Therefore it is considered that William should recover his horse. Robert, because he also bought the horse, is acquitted. (Acquitted)
Firm date
Friday 8 June 1296 X Tuesday 12 June 1296
Dating Notes
Friday next before St Barnabas the Apostle’s day, 24 Edward I and Tuesday next after St Barnabas’s Day, 24 Edward I
Place date (modern)
Edinburgh
Place date (document)
Edeneburgh
Related Place
Edinburgh
Source for Data Entry
C.J. Neville, ‘A plea roll of Edward I’s army in Scotland, 1296’, SHS Miscellany XI (1990), 7-133; some entries included in CDS, ii, no. 822
Trad. ID
SHS Misc. xi, 81-85, 97-101
Calendar number
5/3/None
Charter type
English Royal Administration
Language
Latin
Notes
CDS, ii, no. 822

Total number of associated factoids: 2

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Date Short Summary Primary Witnesses
Friday 8 Jun. 1296 X Tuesday 12 Jun. 1296 ERA yes
Friday 8 Jun. 1296 X Tuesday 12 Jun. 1296 ERA yes