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219. [m. lid] Symonet Spinelli, Agnes his mistress (arnica ipsius) and Geoffrey Bereman were together in Geoffrey's house when a quarrel broke out among them; Symonet left the house and returned later the same day with Richard Russel his servant to the house of Godfrey le Gorger, where he found Geoffrey; a quarrel arose and Richard and Symonet killed Geoffrey. They immediately went to the house near Grescherche where they lived with Hugh Mace and Reyner Durant and then Richard at once fled and is suspected, so let him be exacted and outlawed. No chattels, but he was harboured in the ward of John de Norhampton [Aldgate ward] outside frankpledge, so the ward is in *mercy. Symonet, Hugh Mace and Reyner Durant were arrested and taken to Newgate, where they were imprisoned. Afterwards Hugh and Reyner on the order of the king were released publicly to Reyner Albertis merchant of Florence and James Anguillaunt of Pistoia, who do not answer for them now. So they are in *mercy. Symonet was delivered to Hugh son of Otto then constable of the Tower of London by royal writ addressed to the keeper of Neugate gaol; Hugh does not answer for him now, so to judgment on him (evasio). Symonet does not come and is suspected, so let him be exacted and outlawed according to the custom of the City. After outlawry has been promulgated against Richard, let proceedings be taken for the outlawry of Simon [sic], because it is testified that he is not guilty except of incitement and the king has lately ordained that no one accused of incitement' should answer or incur any penalty before the principal has been convicted. (*Inquiratur.) Afterwards the king reported by writ that his father had pardoned Hugh Mace.2 [cf. 545]
Nota 75. Quod utlagaria primo promulgetur super indictatum de facto et postea super ipsum qui indictatur de auxilio. Et quod rettatus de precepto non portabit penam antequam principalis actor sit convictus [cf. 524 no. 751 1. Cf. 39, 70.
2. Cf. C.P.R. 1266-72, 401, 6 Jan. 1270, pardon of Symonet at the instance of Hugh Mace. |