Vol 1: The Bluets - Lackham Countryside Centre

The Bluets 82
three men were held in custody in Sarum jail lawfully. Simon Atteberne,
his son John and his son 351 , or grandson 352 , Henry, were accused of
killing William de Caudel and they had appealed their detention. This
case makes it clear that local feuds and drink related violence are
nothing new and is discussed to give a flavour of the time 353 . Five
people were alleged to have been involved - Simon, John, Henry, Ralph
de la Monte the carter of Godfrey de Escudemor (Roger was said to be
a stranger to the area) and Roger the plowman . Ralph and Roger had
already fled and were not held in Sarum. The Inquisition had to decide
whether Simon, John and Henry “were being held out of spite and malice
or because they were guilty… and if out of spite and malice by what
spite and malice and if they are not guilty who is guilty therein” 354
Ralph and his colleagues decided that the three were not guilty and that
they were indeed being held in custody out of spite and malice. They said
that this was because of a local dispute between Elias de Calewey (of
Kellaways, three miles north east of Chippenham) and his men and Philip
de Cerne 355 and his men. The trouble appears to have started when a
dog had been stolen from Elias‘ mill and taken to Philip de Cerne‘s house
and kept there “Whence often between their men disputes were moved
at ale drinkings and elsewhere”. John Atteberne might have been
remanded because he had given information against Philip‘s men when they
had fatally wounded his brother Henry 356 . The Inquisition decided that
Ralph the carter alone had killed Henry with an axe as they were coming
351
Original eyre report Meekings, CAF (1961) (ed) Crown Pleas of the Wiltshire
Eyre 1249 WRS vol XVI Devizes) p159, no 40
352
Writ of de odio et atya issued 2 Aug 1248 from Criminal Inquisitions : C. 114/3
no 31 in Meekings, CAF (1961) (ed) Crown Pleas of the Wiltshire Eyre 1249 WRS
vol XVI Devizes) p 260, Notes to the text, no 40
353
It is emphasised, however, that although this was a violent crime it should
not be assumed that people were being murdered on every street corner
354
Meekings, CAF (1961) (ed) Crown Pleas of the Wiltshire Eyre 1249 WRS vol
XVI Devizes) p 260, Notes to the text, no 40
355
The William de Caudel who was killed appears to have been Philip de Cerne‘s
nephew
356
Meekings [Meekings, CAF (1961) (ed) Crown Pleas of the Wiltshire Eyre 1249
WRS vol XVI Devizes) p 260, Notes to the text, no 40. ] notes that it is likely that
Henry had died between August 1248 and April 1249, after the Inquisition took
place‘