“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.