A Fine and Terrible Mystery - Episode 19: Malory Answers the Charges Against Him

This is episode 19 of my investigation into the life and works of Sir Thomas Malory.  Episode 1 can be found here.

In September of 1451, King Henry VI and Queen Margaret arrived in Warwickshire “to judge noble peacebreakers” in Coventry.  One month earlier, on August 23, 1451, the special court at the Priory of Nuneaton, led by the Duke of Buckingham, had indicted Sir Thomas Malory with a specific list of curious but very serious charges, most notably the “trespass” of the attempted assassination of Buckingham himself and the felonious rape of Joan Smyth on two occasions. Of course, Malory’s case, as he was one of only 18 knighted gentlemen in the county of 30,000, was heard.

Marshalsea Prison, Southwark

Except it wasn’t.  Instead, on October 5^th, a “writ certiori” was issued transferring the case to the Court of King’s Bench in London.  This had two effects.  First, and most obviously, it removed jurisdiction from a locality where Malory enjoyed significant popular support as demonstrated by the number of people who came to his aid in the raid on Coombe Abbey.  Second, the Court of King’s Bench had perhaps the highest profile of any court and was used as such by both the gentry and nobility.  Malory’s case would receive great attention and because of the nature of the charges it might well serve to isolate him from his peers as well as intimidate others who might fall afoul of the Duke of Buckingham, such as the Ferrers.  Seven days later Hugh Smyth appeared at the bar and personally appealed Malory for rape as well.  Obviously, the legal forces arrayed against Malory were well coordinated.

Malory failed to appear in person the next day, as ordered by the second warrant, though he was required to do so as a result of Hugh Smyth’s personal appeal.  (Otherwise, appearance by his attorneys would have sufficed.)  Obviously, given the timing it’s more than possible that Malory was unaware of Smyth’s appeal.  Hardyment speculates that he was still in Warwickshire restructuring his property and wealth to insulate his finances from legal recourse, a definite possibility in light of the sequel.  The judge ordered Malory and his co-defendents attached, arrested and brought to court on the “octave of Hilary, circa January 20^th, 1452.

This time he did respond and he appeared before the court on January 27^th, 1452.

Sir Thomas Malory answered the charges by stating that he was “in no wise guilty” and “for good or ill” put himself “upon his country.”

According to Hardyment, “to put yourself upon your country was every Englishman’s right:  it meant trial by jurymen from your own neighborhood.”  He was remanded into the custody of the sheriffs, which probably meant lodging in one of the sheriff’s homes or in Ludgate prison, until all accusations could be collected and a jury summoned.

The experience of prison in the 15^th century differed dramatically depending on the wealth and situation of the prisoner.  Nor was it uncommon for members of the nobility and gentry to find themselves in that situation as the Paston letters, amongst much other evidence, show.  Given Malory’s social position I consider it most likely he was lodged comfortably, at least at first, probably with recourse to books and occasional accompanied sojourns outside to Mass or a market to purchase goods.

Then, only four days later, he was brought before attorneys for the Duke of Buckingham, John Stafford, Archbishop of Canterbury (and a kinsman of Buckingham) as well as the Duke and Duchess of Norfolk who preferred new charges against him:  it was alleged he had broken into Caluden deer park, owned by the Duke of Norfolk, on July 25^th, 1451, stealing 6 does and doing £ 500 of damage  (£ 327,000.00 in 2011 using retail prices for comparison).

This was no minor crime as the amount indicates.  Further, poaching was an irreplegiable offense:  bail was precluded.  One week later, on February 9^th he was brought to court.  No jurors appeared and the case was deferred until April.  This time he was remanded to the Marshal of the King’s Bench and incarcerated in Marshalsea Prison in Southwark.  The period of his formal imprisonment had begun.

In this series of accusations I detect a theme:  the legal team prosecuting Malory was having difficulty finding charges for which they could obtain a conviction or at least ensure a long period of incarceration.  As a result, they engineered a change of venue or simply preferred new charges.  Hugh Smyth’s appeal disappears from the record after this and the assassination attempt was only a trespass.  So it’s quite possible that Malory was about to procure bail, possibly through the support of the Duke of Norfolk as Newbold Revel was probably under the feudal jurisdiction of either Norfolk or York at this stage.  (Norfolk was supporting York and Malory had been linked to York as MP for the pocket district of Wareham in Dorset.)  At this same period the Queen’s party was beginning to oppress many of York’s followers in the tensions which would lead to the first armed conflict of the Wars of the Roses.  Consequently, the new charges served both to persecute one of York’s possible followers and/or alienate him from the support of the other magnate most likely to lend him support.

Malory had entered the labyrinth of the 15^th century English legal system and would find an archetypical means to transcend it.

 Episode 20 can be found here.