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others contain indictments relating to"
divers counties "for a particular year. It is three files
from the first group relating to Kent that have been selected for
calendaring here.
The form of the indictment was marked by extreme precision of
wording and the inclusion of many conventional phrases. These were
necessary if the indictment was to prove sufficient in law, for
the judges interpreted them with great rigidity and the mis-spelling
of a name or the omission of the customary phraseology might make
the indictment of no value and secure the acquittal of the
accused.1 When the grand jury either from the whole
county or from one or more of the hundreds, had found a "true
bill ", the accused was brought before the court if he was in
custody, and the indictment was read to him once in English. In
cases of felony or treason the accused was not permitted to have a
copy of the, indictment nor allowed counsel, so the poor and
ignorant had little opportunity to take advantage of the rigid
rules concerning the form and wording of the indictment. Often, as
will be seen in the documents below, a brief note was made on the
indictment of the plea offered by the prisoner and sometimes on
the verdict of the court, but there is rarely any detail given,
and it is seldom possible to say what happened to the accused
unless his case was called into the King’s Bench and appears
upon the Plea Roll.
(ii) K.B. 9, file 46.
This file contains presentments made at |
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Rochester from 20 to 22 August, Maidstone from
16 to 19 September, Canterbury from 22 to 24 September, and
Dartford on 22 October 1450 before justices acting under a
commission of oyer and terminer to investigate offences and
extortions committed by officials and others in Kent. It has often
been thought that the purpose of this commission, issued on 1
August 1450, was to punish Cade’s rebels2 ; but the
record of its proceedings show that, on the contrary, it was a
response to their demands, an attempt to do something about the
extortions and ma!practices committed during the previous decade
in Kent under the régime of James, Lord Say.
The commission includes no royal household men or
supporters of the late Duke of Suffolk, but is headed by the two
archbishops, Bishop Wainflete and the Duke of Buckingham who had
not been closely associated with the unpopular rule of Suffolk and
his followers: the
1 For
the form and history of the indictment, see M. Hale, Pleas of
the Crown (ed. T. Dogherty, 1800) ; W. Holdsworth, History
of English Law, iii, pp. 607-20. By the statute 1 Hen. V, c.
5 it was laid down that the name, condition and habitation of
the accused must be accurately stated to make the indictment
sufficient. The first relaxation of the rules concerning the
wording of these documents was not made until 37 Hen. VIII, c. 8,
and most remained in force until the 19th century.
2 E.g. by G. Kriehn,
The English Rising in 1450 (Strasbourg, 1892), p. 112; Paston
Letters, ed. J. Gairdner (1872), i, p. 139. |