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Archiver > GEN-MEDIEVAL > 2001-03 > 0985163554


From: (Reedpcgen)
Subject: Re: Amy de Gaveston - the 1334 fines
Date: 21 Mar 2001 08:32:34 GMT
References: <3ab6d1db.1943222@news-east.look.ca>


>Does the possibility of the sheriffs' habit of embezzlement, >dishonesty and
greed sound too far fetched in this case, or is there >any evidence of same?,
or was this assize really a cut and dry case of >the reversion rightfully
belonging to Sir Ralph Cromwell and Maud his >wife ?>>

It was Sir John de Kirketon who put himself on the grand assize. This meant
that both he and the opposing party (Ralph and Maud [Bernake] de Cromwell) had
to agree on four knights--but I think I mentioned that they were initially
unable to find four knights who were not related to or closely associated with
one or the other party (the knights chosen were supposed to be impartial).

This would mean Sir John de Kirketon, Lord Kirketon, who had appeared on behalf
of so many women in final concords of the county, was himself clearly well
connected in the county--not just the Cromwell/Bernake party. John had lost
twice already in the King's court, however, so perhaps he at least thought he
had a better chance there.

The four knights finally agreed upon by the two parties were to choose twelve
knights who were familiar with the problem and evidence. The twelve knights
were to swear to a finding of fact; they were to determine which party had the
better right, swearing to it by their oaths. If some could not come to a
determination, they were to be dismissed, and other knights found until twelve
could make a finding. But in this case, there is only mention of twelve--not
more. So it appears that the twelve knights chosen by the four knights (which
four had been chosen by the two parties), were able to make the final
determination that Ralph de Cromwell and his wife Maud had a better right to
Tattershall. The finding was final, as was trial by battle. It was the
sheriff's job to summon the twelve knights, but the twelve knights were the
ones who were supposed to make the finding of fact and declare it by their
oaths.

Paul

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