Rex v. Hugh

And he asked the twelve if Hugh [married his wife when she was a widow]. The
twelve said on oath that she was a widow when Lord Hugh contracted [marriage] with
her. But it should be noted that they were not sworn again, because they were sworn first.
JUDGE. And thus the court considers that you ought to respond as a layman, and
do you consent to these worthy men of the twelve, because we know that they do not
want to lie for us.
Hugh. Lord, I was accused by them; therefore I will not consent to them. In
addition, Lord, I am a knight, and I ought not to be judged except by my peers.
And knights were named. And he was asked wither he wanted to set forward any
challenges against them.
Hugh. Lord, I do not consent to them, you can take whatever inquest you want ex
officio, but I will not consent
JUDGE. Lord Hugh, if you will to consent to them, with God's help, they will
decide for you, if you will consent to them. And if you want to reject the common law,
you will bear the penalty ordained for it, that is "one day you will eat and the other you
will drink; and on the day you drink you will not eat, and the reverse; and you will eat
barley bread and not with salt, and water [not wine or beer] etc.", explaining to him at
length whence it would not be good to die in this way, but it would be better to consent to
them.
Hugh. I will consent to my peers, but not to the twelve through whom I was
accused. You ought to hear my challenges against them.
JUDGE. Freely. Let the challenges be read; but if you know any reason why they
ought to be removed, say it in a single voice or in writing.
Hugh. Lord, because I do not know how to read, I request my counsel.
JUDGE. No, because it touches the lord King.
Hugh. You ought to have the challenges and you ought to read them.
JUDGE. No, because they ought to be set out by your mouth.
Hugh. I don't know how to read them.
JUDGE. How is it that you wanted to help yourself with the clerical privilege, and
now you don't know how to read your challenges.
Hugh stood silent as if confused.
JUDGE. Don't be stupified, now is the time to speak.
JUDGE (to Lord N. de Leicester). Do you want to read Lord Hugh's challenges?
Lord N. Lord, may I have the paper that he has in his hands?
This was allowed.
Lord N. Many challenges are named here against many people, do you want me
to read them publicly?
JUDGE. No, rather you should read them to the prisoner secretly, because they
ought to be stated by his mouth.
And it was done in this way. When they had been propounded by his mouth,
because there were found to be truly challenged, those against whom he had propounded
were removed from the inquest.
JUDGE. We accuse Lord Hugh of rape of a certain woman. He denies. He was
asked how he wants to acquit himself; he said through the country. For good or evil, he
put himself on you. Therefore we order you in virtue of your oath to tell us whether Lord
Hugh raped this woman or not.
Prof. Klerman 8