The village granary and armoury were relocated inside the fortification and Alan included six small towers, each with a ballista. At Thorrington several of the Wolves and huscarles had formed relationships either with local girls or the influx of women that had come to the Hundred after the Danish raid earlier in the year- either from the refugees that had been rescued or others who had come seeking a place of safety after word of the battle had circulated amongst the freemen and women of the shire.
Nobody believed that they had seen the last of the Danish raiders and both newcomers and locals, male and female, worked with on the fortifications that they knew could any day save their lives. Indeed, the Danish raid had proved something of a boon to Tendring Hundred, and particularly Alan’s lands, with the influx of people from outside villages. The additional labour was of course valuable, but with limited land available most of the newcomers became cottars holding little if any land, but with their own cottage and a place in the community into which they were welcomed.
Less welcome was what Alan saw as the response of Engelric, Bishop William, Earl Ralph and Robert fitzWymarc. Although the king’s imposition of quotas of men-at-arms to be provided from each manor probably provided the cause, in early September Robert fitzWymarc had appointed a young Angevin Frenchman Gerard de Cholet as tenant of his village of Elmstead. Bishop William of London created two manors at Clacton, each of ten hides, and one of seven hides at St Osyth. These were held by Normans Roger de Montivilliers, Geoffrey of Rouen and the Fleming Albyn of Bruges.
Only Engelric appointed an Englishman, named Leax, formerly of Hertfordshire, as thegn to the lands he held of St Paul’s of London at Birch Hall. Fortunately Earl Ralph’s parcel of land at Little Bentley was too small to support a military tenant and remained on laen to a local freeman. All the villages concerned were within five miles of Thorrington.
Equally fortunately, the holding at Wrabness of the Church of St Edmund’s, and St Paul’s holdings at The Naze, continued to be occupied and administered by their stewards, otherwise there could have been another six Frenchmen to deal with.
The Frenchman Gerard de Cholet at Elmstead caused little problem within the Hundred, perhaps because Gerard had a benign or slothful nature, or more likely the nearness of the manor to the town administered by his lord restrained his relations with his neighbours at Great Bromley, Derleigh and Ardleigh. Alan did, however, hear comments that the villagers were not impressed with his arrogant attitude towards them.
The villages of Great and Little Clacton, now held by Normans Roger de Montivilliers and Geoffrey of Rouen, and the holding of the Fleming Albyn of Bruges at St Osyth, all Bishop William’s men, were more of a problem. At least Roger and Geoffrey held their villages without direct contact with the other local thegns.
Albyn of Bruges at St Osyth was another matter, as the village held two manors, with the other held by the thegn Edward. Edward’s land included a substantial wooded area and meadowland. Within days of Albyn’s arrival, Edward had complained to Alan that Albyn and his men had been hunting in his forest, had instructed their villagers to herd the swine into his forest to feed off the acorns and pastured cattle in his meadow. Edward had sent his steward to complain to Albyn, but the man had been soundly thrashed and driven away.
Alan rode down to St Osyth with Osmund and six huscarles, armed but unarmoured and looking impressive with their size and striking appearance. All the men wore Alan’s uniform of green, although he himself wore his trademark black tunic and hose. Alan and his men were grudgingly admitted into the small Hall. The shutters were closed, the room was quite small and smelt foul from the old and soiled rushes on the floor. Three or four Normans or Frenchmen were in evidence, carrying swords. On that basis Alan did not instruct his huscarles to disarm as was the usual courtesy. No refreshment was offered and after about fifteen minutes Albyn appeared. He was a middle-aged rotund man with a sour face and a dirty tunic.
“I’m sorry to call unannounced, so that you were unable to greet me properly, de Bruges,” said Alan, looking in a bored manner at the fingernails of his right hand. “I’m sure that your welcome would have been much more proper if you had been advised I was calling.”
“What do you want, de Gauville?” demanded Albyn harshly.
“Firstly, some common courtesy. I’m not aware that an unknighted man-at-arms, who holds a single manor as a fief, is the social equal of a knight who holds eight manors directly from the king. You, de Bruges will refer to me as ‘Sir Alan’. Secondly, I assume that the lack of refreshment offered is not a deliberate insult, but a result of you having the lack of anything suitable, wine or ale, to offer your guests. After all, one must observe the usual standards of hospitality. To business! I’m the Chief Justice of the Hundred court. I’m informed that you and your men have been riding through the lands of the thegn who has the honour to share this village with you. Not only riding, but hawking and taking deer.”
“So what of it, we can ride where we want and do what we want!” answered Albyn arrogantly.
“No, as a matter of fact, under both Norman Law and English Law which apply here, you cannot. You are entitled to ride through the woodland, but it is usual courtesy to the owner to use the roads or bridal paths. To take any of his game without his permission is an offence under both laws- theft. Any Englishman doing so is liable to pay compensation. Any Norman is liable to have both eyes put out with hot pokers and his right hand removed. You may think yourself lucky that this time Edward has instructed me that he does not wish to bring formal complaint against you. Next time, if there is a next time, he will. If you are found guilty, you’ll suffer the penalty applicable to Normans.” Albyn’s eyes bulged and his face turned red and he stuttered trying to speak.
Alan continued, “I also discussed with Edward that, in a feeling of neighbourliness, next August when the crops on your demesne are nice and high, that he and a few hundred of his friends may choose to visit you, riding through your demesne fields, line abreast. Now that would not be against the law, because as you just said anybody is free to ride their horse anywhere. That would not, of course, be of any benefit to your crops. As to the swine and cattle that keep appearing on Edward’s land and eating his feed, I’ve told him to seize them and bring case at the following Hundred Court that they are unclaimed cattle and he should apply for ownership.”
Albyn was gurgling as Alan waved him quiet. Osmund had been quietly taking written notes of the conversation.
“Now on Wednesday morning Edward’s steward, Slean, came to discuss these diverse matters with you, and I’m informed he was beaten by one of your servants, an Englishman named…Wallis,” Alan completed after a pause 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 did have laws and a legal code which at least partially codified and which largely dealt with payment of compensation for injury suffered. It even had a court system to allow the bringing of legal complaints- a system almost totally lacking in Normandy and France. The problem was that a powerful man, or even a weak man with powerful friends, could in effect ignore any claim against him. If Albyn were to stride down the main road at Thorrington killing every man that he saw, his powerful master could provide him with effective protection against any retribution.
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 had examined the defendant a week previously the scratches had been fresh and deep. Mildreth was allowed to stand down and Gautier recalled.
“Now, before we call as witnesses the two girls in the dairy and Tobrytan the carter, and then have people swear
oaths as to their reliability, do you have anything you want to say, perhaps an admission or explanation of some sort?” asked Alan.
After this was translated, Gautier suddenly spouted forth in French in what appeared to be a mixture of anger and confusion. “What is the problem? Yes, I gave the stupid whore the benefit of my ‘sword’. That’s all these English bitches are good for with their snobbish ways and failure to recognise their betters.”
“And did she consent?” asked Harold, looking at the scratches on Gautier’s face.
“I guess not,” replied Gautier, fingering the scratches. “But the bitch enjoyed every moment of having a real man for a change.”
“In the light of the defendant’s own admissions, which have been written into the transcript, I don’t see any need to continue further,” said Alan with a look at Harold and Leofson. “One question, Geoffrey de Rouen, did this man come to you that day and tell you he was being sought by the Hue and Cry?”
“Yes,” said Geoffrey from his seat near the front of the court.
“And you did nothing to bring this to the attention of the authorities?”
“No.”
“I’ll overlook that this one time, because perhaps you don’t know the laws of the land- which is a pretty poor excuse as they are the same in France. In future any failure to assist the authorities in their investigation of a crime will be punished,” said Alan. Geoffrey turned bright red with anger at this public rebuke before what he saw as his social inferiors.
Alan and the other judges retired to the backroom for a quick talk and pint of ale. When they returned Alan continued, “Gautier of Little Clacton, you have made admissions to this court that clearly show your guilt. If you were an Englishman, I would order compensation of 100 shillings. But you are not. You are a Norman, and the penalty imposed on you is that of Norman law. Let there be no misunderstanding by the Normans of this land that they can do what they want, when they want and to whom they want.
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