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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..9f57f44 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,13 @@ +* text=auto +*.txt text +*.md text +*.htm text +*.html text +*.png binary +*.jpg binary +*.svg text +*.pdf binary +*.bmp binary +*.zip binary +*.midi binary +*.mp3 binary diff --git a/1694.txt b/1694.txt new file mode 100644 index 0000000..7c7b383 --- /dev/null +++ b/1694.txt @@ -0,0 +1,13591 @@ +The Project Gutenberg Etext Our Legal Heritage, by S. A. Reilly + +This is the second edition, direct from the author. + +Copyright laws are changing all over the world, be sure to check +the copyright laws for your country before posting these files!! + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. 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Delaware Place +Chicago, Illinois 60611-1724 + + + + + +1999 + + + +Preface + +This was written to see what laws have been in existence for a +long time and therefore have proven their success in maintaining +a stable society. It's purpose is also to see the historical +context in which our legal doctrines were derived. It looks at +the inception of the common law system, the origin of the jury +system, the meaning in context of the Magna Carta provisions, the +emergence of attorneys, and the formation of probate law from +church origins. + +This book is a primer. One may read it without prior knowledge in +history or law, although it will be more meaningful to lawyers +than to non-lawyers. Since it defines terms unique to English +legal history, it may serve as a good introduction on which to +base further reading in English legal history. The meaning of +some terms in King Aethelbert's code in Chapter 1 are unknown or +inexact. + +The chapters are sequential. The title of each chapter in the +Table of Contents includes the time period covered. The title of +each chapter denotes an important legal development of that time +period. + +Each chapter is divided into three sections: The Times, The Law, +and Judicial Procedure. The law section is the central section. +It describes the law governing the behavior and conduct of the +populace. It includes law of that time by which people lived +which is the same, similar, or a building block to the law of +today. In earlier times this is both statutory law and the common +law of the court. The Magna Carta, which is quoted in Chapter 7, +is the first statute of the Statutes at Large. The law sections +of Chapter 7 - 13 mainly quote or paraphrase most of these +statutes or the Statutes of the Realm. Excluded are statutes +which do not help us understand the development of our law, such +as statutes governing Wales after its conquest and statutes on +succession rights to the throne. + +The first section of each chapter: The Times, sets a background +and context in which to better understand the laws. The usual +subject matter of history such as battles, famines, periods of +corruption, and international relations are omitted as not +helping to understand the process of civilization and development +of the law in the nation of England. + +The last section of each chapter: Judicial Procedure, describes +the process of applying the law and trying cases for the +relevant time period. It also contains some examples of cases. + +For clarity and easy comparison, amounts of money expressed in +pounds or marks have been converted to the smaller denominations +of shillings and pence. There are twenty shillings in a pound. A +mark in silver is two thirds of a pound. + +The sources and reference books from which information was +obtained are listed in the bibliography instead of being +contained in tedious footnotes. + + + +Dedication + +A Vassar College faculty member once dedicated her book to her +students, but for whom it would have been written much earlier. +This book "Our Legal Heritage" is dedicated to the faculty of +Vassar College, without whom it would never have been written. + + + + + +Table of Contents + +Chapters: + +1. Tort law as the first written law: to 600 + +2. Oaths and perjury: 600-900 + +3. Marriage law: 900-1066 + +4. Martial "law": 1066-1100 + +5. Criminal law and prosecution: 1100-1154 + +6. Common Law for all freemen: 1154-1215 + +7. Magna Carta: the first statute: 1215-1272 + +8. Land law: 1272-1348 + +9. Legislating the economy: 1348-1399 + +10. Equity from Chancery Court: 1400-1485 + +11. Use-trust of land: 1485-1509 + +12. Wills and testaments of lands and goods: 1509-1558. + +13. Consideration and contract Law: 1558-1604 + +14. Epilogue: from 1604 + +Appendix: Sovereigns of England + +Bibliography + + + + + +Chapter 1 + +The Times: before 600 + +Clans, headed by Kings, lived in huts on top of hills or other +high places and fortified by circular or rectangular earth +ditches and banks behind which they could gather with their +herds for protection. At the entrances were several openings +only one of which really allowed entry. The others went between +banks into dead ends and served as traps in which to kill the +enemy from above. Concentric circles of ditches around these +fortified camps could reach to 14 acres. The people lived in +circular huts with wood posts in a circle supporting a roof. The +walls were made of saplings, and a mixture of mud and straw. +Sometimes there were stalls for cattle. Cooking was in a clay +oven inside or over an open fire on the outside. Forests +abounded with wolves, bears, wild boars, and wild cattle. + +People wore animal skins over their bodies for warmth and around +their feet for protection when walking. They carried small items +by hooking them onto their belts. + +Pathways extended through this camp of huts and for many miles +beyond. They were used for trade and transport with pack horses. + + +Men bought or captured women for wives and carried them over the +thresholds of their huts. The first month of marriage was called +the honeymoon because the couple was given mead, a drink with +fermented honey and herbs, for the first month of their +marriage. A wife wore a gold wedding band on the ring finger of +her left hand to show that she was married. Women wore other +jewelry too, which indicated their social rank. + +Women usually stayed at home caring for children, preparing +meals, and making baskets. They also made wool felt and spun and +wove wool into cloth. Flax was grown and woven into linen cloth. +The weaving was done on an upright or warp- weighted loom. People +draped the cloth around their bodies and fastened it with a +metal brooch inlayed with gold, gems, glass, and shell, which +were glued on with glue that was obtained from melting animal +hooves. They also had amber beads and pendants. They could tie +things with rawhide strips or rope braids they made. They cut +things with flint dug up from pits. On the coast, they made bone +harpoons for deep sea fish. + +The King, who was tall and strong, led his men in hunting groups +to kill deer and other wild animals in the forests and to fish +in the streams. Some men brought their hunting dogs on leashes +to follow scent trails to the animal. The men attacked the +animals with spears and threw stones. They used shields to +protect their bodies. They watched the phases of the moon and +learned to predict when it would be full and give the most light +for night hunting. This began the concept of a month. + +If hunting groups from two clans tried to follow the same deer, +there might be a fight between the clans or a blood feud. After +the battle, the clan would bring back its dead and wounded. A +priest officiated over a funeral for a dead man. His wife would +often also go on the funeral pyre with him. Memorial burial +mounds would be erected over the corpses or cremated ashes of +their great men. Later, these ashes were first placed in urns +before burial in a mound of earth or the corpses were buried +with a few personal items. + +The priest also officiated over sacrifices of humans, who were +usually offenders found guilty of transgressions. Sacrifices +were usually made in time of war or pestilence, and usually +before the winter made food scarce, at Halloween time. Humans +were sometimes eaten. + +The clan ate deer that had been cooked on a spit over a fire, and +fruits and vegetables which had been gathered by the women. They +drank water from springs. In the spring, food was plentiful. +There were eggs of different colors in nests and many rabbits to +eat. The goddess Easter was celebrated at this time. + +After this hunting and gathering era, there was farming and +domestication of animals such as horses, pigs, sheep, goats, +chicken, and cattle. Of these, the pig was the most important +meat supply, being killed and salted for winter use. Next in +importance were the cattle. Sheep were kept primarily for their +wool. Flocks and herds were taken to pastures. The male cattle, +with wood yokes, pulled ploughs in the fields of barley and +wheat. The female goat and cow provided milk, butter, and +cheese. The chickens provided eggs. The hoe, spade, and grinding +stone were used. Cloth was woven for clothes. Pottery was made +from clay and used for food preparation and consumption. During +the period of "lent" [from the word "lencten", which means +spring], it was forbidden to eat any meat or fish. This was the +season in which many animals were born and grew a lot. The +people also made boats. + +Circles of big stones like Stonehenge were built so that the +sun's position with respect to the stones would indicate the day +of longest sunlight and the day of shortest sunlight. Between +these days there was an optimum time to harvest the crops before +fall, when plants dried up and leaves fell from the trees. The +winter solstice, when the days began to get longer was cause for +celebration. In the next season, there was an optimum time to +plant seeds so they could spring up from the ground as new +growth. So farming gave rise to the concept of a year. Certain +changes of the year were celebrated, such as Easter; the twelve +days of Yuletide when candles were lit and houses decorated with +evergreen; Plough Monday for resumption of work after Yuletide; +May Day when greenery was gathered from the woods and people +danced around a May pole; Whitsun when Morris dancers leapt +through their villages with bells, hobby-horses, and waving +scarves; Lammas when the first bread was celebrated; and Harvest +Home when the effigy of a goddess was carried with reapers +singing and piping behind. + +There were settlements on high ground and near rivers. Each +settlement had a meadow, for the mowing of hay, and a mill, with +wooden huts, covered with branches or thatch, of families +clustered nearby. Grain was stored in pits in the earth. Each +hut had a garden for fruit and vegetables. A goat or cow might +be tied out of reach of the garden. There was a fence or hedge +surrounding and protecting the garden area and dwelling. Outside +the fence were an acre or two of fields of wheat and barley, and +sometimes oats and rye. Wheat and rye were sown in the fall, and +oats and barley in the spring. They were all harvested in the +summer. These fields were usually enclosed with a hedge to keep +animals from eating the crop. Flax was grown and made into linen +cloth. Beyond the fields were pastures for cattle and sheep +grazing. There was often an area for beehives. + +Crops were produced with the open field system. In this system, +there were three large fields for the heavy and fertile land. +Each field was divided into long and narrow strips. Each strip +represented a day's work with the plough. One field had wheat, +or perhaps rye, another had barley, oats, beans, or peas, and +the third was fallow. These were rotated yearly. Each free man +was allotted certain strips in each field to bear crops. His +strips were far from each other, which insured some very fertile +and some only fair soil, and some land near his village dwelling +and some far away. These strips he cultivated, sowed with seed, +and harvested for himself and his family. After the year, they +reverted to common ownership for grazing. + +The plough used was heavy and made first of wood and later of +iron. It had a mould-board which caught the soil stirred by the +plough blade and threw it into a ridge. Other farm implements +were: coulters, which gave free passage to the plough by cutting +weeds and turf, picks, spades and shovels, reaping hooks and +scythes, and sledge-hammers and anvils. With iron axes, forests +were cleared to provide more arable land. + +The use of this open field system instead of compact enclosures +worked by individuals was necessary in primitive communities +which were farming only for their own subsistence. Each ox was +owned by a different man as was the plough. Strips of land for +agriculture were added from waste land as the community grew. + +There were villages which had one or two market days in each +week. Cattle, sheep, pigs, poultry, calves, and rabbits were +sold there. + + +Flint workers mined with deer antler picks and ox shoulder blade +shovels for flint to grind into axes, spearheads, and +arrowheads. People used bone and stone tools, such as stone +hammers, and then bronze and iron tools, weapons, breast plates, +and horse bits, which were formed from moulds and/or forged by +bronze smiths and blacksmiths. Weapons included bows and arrows, +flint and copper daggers, stone axes, and shields of wood with +bronze mountings. The warriors fought with chariots drawn by two +horses. The horse harnesses had bronze fittings. The chariots +had wood wheels, later with iron rims. When bronze came into +use, there was a demand for its constituent parts: copper and +tin, which were traded by rafts on waterways and the sea. Lead +was mined. Wrought iroin bars were used as currency. + +Corpses were buried far away from any village in wood coffins, +except for Kings, who were placed in stone coffins after being +wrapped in linen. Possessions were buried with them. + +With the ability to grow food and the acquisition of land by +conquest, for instance by invading Angles and Saxons, the +population grew. There were different classes of men such as +eorls, ceorls [free farmers], and slaves. They dressed +differently. Freemen had long hair and beards. Slaves' hair was +shorn from their heads so that they were bald. Slaves were +chained and often traded. Prisoners taken in battle, e.g. +Britons, became slaves. Criminals became slaves of the person +wronged or of the King. Sometimes a father pressed by need sold +his children or his wife into bondage. Debtors, who increased in +number during famine, which occurred regularly, became slaves by +giving up the freeman's sword and spear, picking up a slave's +mattock [pick ax for the soils], and placing their head within a +master's hands. Children with a slave parent were slaves. The +slaves lived in huts around the homes of big landholders, which +were made of logs and consisted on one large room or hall. An +open hearth was in the middle of the earthen floor, which was +strewn with rushes. There was a hole in the roof to let out the +smoke. Here the landholder and his men would eat meat, bread, +salt, hot spiced ale, and mead while listening to minstrels sing +about the heroic deeds of their ancestors. Physical strength and +endurance in adversity were admired traits. Slaves often were +used as grain-grinders, ploughmen, sowers, haywards, woodwards, +shepherds, goatherds, swineherds, oxherds, cowherds, dairymaids, +and barnmen. A lord could kill his slave at will. + +The people were worshipping pagan gods when St. Augustine came to +England in 596 A.D. to Christianize them. King AEthelbert of +Kent and his wife, who had been raised Christian on the +continent, met him when he arrived. The King gave him land where +there were ruins of an old city. Augustine used stones from the +ruins to build a church which was later called Canterbury. He +also built the first St. Paul's church in what was later called +London. Aethelbert and his men who fought with him and ate in +his household [gesiths] became Christian. + +Augustine knew how to write, but King AEthelbert did not. The +King announced his laws at meetings of his people and his eorls +would decide the punishments. There was a fine of 120s. for +disregarding a command of the King. He and Augustine decided to +write down some of these laws, which now included the King's new +law concerning the church. + +These laws concern personal injury, murder, theft, burglary, +marriage, adultery, and inheritance. The blood feud's private +revenge for killing had been replaced by payment of compensation +to the dead man's kindred. One paid a man's "wergeld" [worth] to +his kindred for causing his wrongful death. The wergeld [wer] of +an aetheling was 1500s., of an eorl, 300s., of a ceorl, 100s., +of a laet [agricultural serf in Kent], 40-80s., and of a slave +nothing. At this time a shilling could buy a cow in Kent or a +sheep elsewhere. If a ceorl killed an eorl, he paid three times +as much as an eorl would have paid as murderer. The penalty for +slander was tearing out of the tongue. If an aetheling were +guilty of this offense, his tongue was worth five times that of +a coerl, so he had to pay proportionately more to ransom it. + + +The Law + +"THESE ARE THE DOOMS [DECREES] WHICH KING AETHELBERHT ESTABLISHED +IN THE DAYS OF AUGUSTINE + +1. [Theft of] the property of God and of the church [shall be +compensated], twelve-fold; a bishop's property, eleven-fold; a +priest's property, nine-fold; a deacon's property, six-fold; a +cleric's property, three-fold; church-frith [breach of the peace +of the church; right of sanctuary and protection given to those +within its precincts], two-fold [that of ordinary breach of the +peace]; m....frith [breach of the peace of a meeting place], +two-fold. + +2. If the King calls his leod to him, and any one there do them +evil, [let him compensate with] a two-fold bot [damages for the +injury], and 50 shillings to the King. + +3. If the King drink at any one's home, and any one there do any +lyswe [evil deed], let him make two-fold bot. + +4. If a freeman steal from the King, let him repay nine-fold. + +5. If a man slay another in the King's tun [enclosed premises], +let him make bot with 50 shillings. + +6. If any one slay a freeman, 50 shillings to the King, as +drihtin-beah. + +7. If the King's ambiht-smith [smith or carpenter] or laad-rine +[man who walks before the King or guide or escort], slay a man, +let him pay a half leod-geld. + +8. [Offenses against anyone or anyplace under] the King's +mund-byrd [protection], 50 shillings. + +9. If a freeman steal from a freeman, let him make threefold bot; +and let the King have the wite [fine] and all the chattels +[necessary to pay the fine]. + +10. If a man lie with the King's maiden [female servant], let him +pay a bot of 50 shillings. + +11. If she be a grinding slave, let him pay a bot of 25 +shillings. The third [class of servant] 12 shillings. + +12. Let the King's fed-esl [woman who serves him food or nurse] +be paid for with 20 shillings. + +13. If a man slay another in an eorl's tun [premises], let [him] +make bot with 12 shillings. + +14. If a man lie with an eorl's birele [female cup-bearer], let +him make bot with 12 shillings. + +15. [Offenses against a person or place under] a ceorl's +mund-byrd [protection], 6 shillings. + +16. If a man lie with a ceorl's birele [female cup-bearer], let +him make bot with 6 shillings; with a slave of the second +[class], 50 scaetts [a denomination less than a shilling]; with +one of the third, 30 scaetts. + +17. If any one be the first to invade a man's tun [premises], let +him make bot with 6 shillings; let him who follows, with 3 +shillings; after, each, a shilling. + +18. If a man furnish weapons to another where there is a quarrel, +though no injury results, let him make bot with 6 shillings. + +19. If a weg-reaf [highway robbery] be done [with weapons +furnished by another], let him [the man who provided the +weapons] make bot with 6 shillings. + +20. If the man be slain, let him [the man who provided the +weapons] make bot with 20 shillings. + +21. If a [free] man slay another, let him make bot with a half +leod-geld of 100 shillings. + +22. If a man slay another, at the open grave let him pay 20 +shillings, and pay the whole leod within 40 days. + +23. If the slayer departs from the land, let his kindred pay a +half leod. + +24. If any one bind a freeman, let him make bot with 20 +shillings. + +25. If any one slay a ceorl's hlaf-aeta [bread-eater; domestic or +menial servant], let him make bot with 6 shillings. + +26. If [anyone] slay a laet of the highest class, let him pay 80 +shillings; of the second class, let him pay 60 shillings; of the +third class, let him pay 40 shillings. + +27. If a freeman commit edor-breach [breaking through the fenced +enclosure and forcibly entering a ceorl's dwelling], let him +make bot with 6 shillings. + +28. If any one take property from a dwelling, let him pay a +three-fold bot. + +29. If a freeman goes with hostile intent through an edor [the +fence enclosing a dwelling], let him make bot with 4 shillings. + +30. If [in so doing] a man slay another, let him pay with his own +money, and with any sound property whatever. + +31. If a freeman lie with a freeman's wife, let him pay for it +with his wer- geld, and obtain another wife with his own money, +and bring her to the other [man's dwelling]. + +32. If any one thrusts through the riht [true] ham-scyld, let him +adequately compensate. + +33. If there be feax-fang [taking hold of someone by the hair], +let there be 50 sceatts for bot. + +34. If there be an exposure of the bone, let bot be made with 3 +shillings. + +35. If there be an injury to the bone, let bot be made with 4 +shillings. + +36. If the outer hion [outer membrane covering the brain] be +broken, let bot be made with 10 shillings. + +37. If it be both [outer and inner membranes covering the brain], +let bot be made with 20 shillings. + +38. If a shoulder be lamed, let bot be made with 30 shillings. + +39. If an ear be struck off, let bot be made with 12 shillings. + +40. If the other ear hear not, let bot be made with 25 shillings. + +41. If an ear be pierced, let bot be made with 3 shillings. + +42. If an ear be mutilated, let bot be made with 6 shillings. + +43. If an eye be [struck] out, let bot be made with 50 shillings. + +44. If the mouth or an eye be injured, let bot be made with 12 +shillings. + +45. If the nose be pierced, let bot be made with 9 shillings. + +46. If it be one ala, let bot be made with 3 shillings. + +47. If both be pierced, let bot be made with 6 shillings. + +48. If the nose be otherwise mutilated, for each [cut, let] bot +be made with 6 shillings. + +49. If it be pierced, let bot be made with 6 shillings. + +50. Let him who breaks the jaw-bone pay for it with 20 shillings. + +51. For each of the four front teeth, 6 shillings; for the tooth +which stands next to them 4 shillings; for that which stands +next to that, 3 shillings; and then afterwards, for each a +shilling. + +52. If the speech be injured, 12 shillings. If the collar-bone be +broken, let bot be made with 6 shillings. + +53. Let him who stabs [another] through an arm, make bot with 6 +shillings. If an arm be broken, let him make bot with 6 +shillings. + +54. If a thumb be struck off, 20 shillings. If a thumb nail be +off, let bot be made with 3 shillings. If the shooting [fore] +finger be struck off, let bot be made with 8 shillings. If the +middle finger be struck off, let bot be made with 4 shillings. +If the gold [ring]finger be struck off, let bot be made with 6 +shillings. If the little finger be struck off, let bot be made +with 11 shillings. + +55. For every nail, a shilling. + +56. For the smallest disfigurement of the face, 3 shillings; and +for the greater, 6 shillings. + +57. If any one strike another with his fist on the nose, 3 +shillings. + +58. If there be a bruise [on the nose], a shilling; if he receive +a right hand bruise [from protecting his face with his arm], let +him [the striker] pay a shilling. + +59. If the bruise [on the arm] be black in a part not covered by +the clothes, let bot be made with 30 scaetts. + +60. If it be covered by the clothes, let bot for each be made +with 20 scaetts. + +61. If the belly be wounded, let bot be made with 12 shillings; +if it be pierced through, let bot be made with 20 shillings. + +62. If any one be gegemed, let bot be made with 30 shillings. + +63. If any one be cear-wund, let bot be made with 3 shillings. + +64. If any one destroy [another's] organ of generation [penis], +let him pay him with 3 leud-gelds: if he pierce it through, let +him make bot with 6 shillings; if it be pierced within, let him +make bot with 6 shillings. + +65. If a thigh be broken, let bot be made with 12 shillings; if +the man become halt [lame], then friends must arbitrate. + +66. If a rib be broken, let bot be made with 3 shillings. + +67. If [the skin of] a thigh be pierced through, for each stab 6 +shillings; if [the wound be] above an inch [deep], a shilling; +for two inches, 2; above three, 3 shillings. + +68. If a sinew be wounded. let bot be made with 3 shillings. + +69. If a foot be cut off, let 50 shillings be paid. + +70. If a great toe be cut off, let 10 shillings be paid. + +71. For each of the other toes, let one half that for the +corresponding finger be paid. + +72. If the nail of a great toe be cut off, 30 scaetts for bot; +for each of the others, make bot with 10 scaetts. + +73. If a freewoman loc-bore [with long hair] commit any leswe +[evil deed], let her make a bot of 30 shillings. + +74. Let maiden-bot [compensation for injury to an unmarried +woman] be as that of a freeman. + +75. For [breach of] the mund [protection] of a widow of the best +class, of an eorl's degree, let the bot be 50 shillings; of the +second, 20 shillings; of the third, 12 shillings; of the fourth, +6 shillings. [Mund was a sum paid to the family of the bride for +transferring the rightful protection they possessed over her to +the family of the husband. If the husband died and his kindred +did not accept the terms sanctioned by law, her kindred could +repurchase the rightful protection.] + +76. If a man carry off a widow not under his own protection by +right, let the mund be twofold. + +77. If a man buy a maiden with cattle, let the bargain stand, if +it be without fraud; but if there be fraud, let him bring her +home again, and let his property be restored to him. + +78. If she bear a live child, she shall have half the property, +if the husband die first. + +79. If she wish to go away with her children, she shall have half +the property. + +80. If the husband wish to keep them [the children], [she shall +have the same portion] as one child. + +81. If she bear no child, her paternal kindred shall have the +fioh [her goods]and the morgen-gyfe [morning gift; a gift make +to the bride by her husband on the morning following the +consummation of the marriage]. + +82. If a man carry off a maiden by force, let him pay 50 +shillings to the owner, and afterwards buy [the object of] his +will from the owner. + +83. If she be betrothed to another man in money [at a bride +price], let him [who carried her off] make bot with 20 +shillings. + +84. If she become gaengang, 35 shillings; and 15 shillings to the +King. + +85. If a man lie with an esne's wife, her husband still living, +let him make twofold bot. + +86. If one esne slay another unoffending, let him pay for him at +his full worth. + +87. If an esne's eye and foot be struck out or off, let him be +paid for at his full worth. + +88. If any one bind another man's esne, let him make bot with 6 +shillings. + +89. Let [compensation for] weg-reaf [highway robbery] of a theow +[slave] be 3 shillings. + +90. If a theow [a type of slave] steal, let him make twofold bot +[twice the value of the stolen goods]. " + + +Judicial Procedure + +If a man did something wrong, his case would be heard by the King +and his freemen. His punishment would be given to him by the +community. + +There were occasional meetings of "hundreds", which were probably +a hundred hides of land or a hundred extended families, to +settle wide-spread disputes. + + + + + +Chapter 2 + +The Times: 600-900 + +A community was usually an extended family. It's members lived in +villages in which a stone church was the most prominent +building. They lived in one-room huts with walls and roofs made +of wood, mud, and straw. Hangings covered the cracks in the +walls to keep the wind out. Smoke from a fire in the middle of +the room filtered out of cracks in the roof. Grain was ground at +home by rotating by hand one stone disk on another stone disk. +Some villages had a mill powered by the flow of water or by +horses. + +Farmland surrounded the villages and was farmed by the community +as a whole under the direction of a lord. There was silver, +copper, iron, tin, gold, and various types of stones from remote +lead mines and quarries in the nation. Silver pennies replaced +the smaller scaetts. Freemen paid "scot and lot" according to +their means. + +Everyone in the village went to church on Sunday and brought +gifts such as grain to the priest. Later, contributions in the +form of money became customary, and then expected. They were +called "tithes" and were spent for church repair, the clergy, +and poor and needy laborers. The parish of the priest was +coextensive with the holding of one landlord and was his +chaplain. The priest and other men who helped him, lived in the +church building. Some churches had lead roofs and iron hinges, +latches, and locks on their doors. The land underneath had been +given to the church by former Kings and persons who wanted the +church to say prayers to help their souls go from purgatory to +heaven and who also selected the first priest. The priest +conducted Christianized Easter ceremonies in the spring and +Christmas (Christ's mass) ceremonies in winter in place of the +pagan Yuletide festivities. Incense took the place of pagan +burnt offerings, holy water of haunted wells and streams, and +Christian incantations of sorcerer's spells. + +The church baptized babies and officiated at marriage ceremonies. +It also said prayers for the dying, gave them funerals, and +buried them. There were burial service fees, candle dues, and +plough alms. A piece of stone with the dead person's name marked +his grave. It was thought that putting the name on the grave +would assist identification of that person for being taken to +heaven. The church heard the last wish or will of the person +dying concerning who he wanted to have his property. + +Every man carried a horn slung on his shoulder as he went about +his work so that he could at once send out a warning to his +fellow villagers or call them in chasing a thief or other +offender. The forests were full of outlaws, so strangers who did +not blow a horn to announce themselves were presumed to be +fugitive offenders who could be shot on sight. An eorl could call +upon the ceorl farmers for about forty days to fight off an +invading group. + +The houses of the wealthy had ornamented silk hangings on the +walls. Brightly colored drapery, often purple, and fly-nets +surrounded their beds, which were covered with the fur of +animals. They slept in bed-clothes on pillows stuffed with +straw. Tables plated with silver and gems held silver +candlesticks, gold and silver goblets and cups, and lamps of +gold, silver, or glass. They used silver mirrors and silver +writing pens. There were covered seats, benches, and footstools +with the head and feet of animals at their extremities. They ate +from a table covered with a cloth. Servants brought in food on +spits, from which they ate. Food was boiled, broiled, or baked. +The wealthy ate wheat bread and others ate barley bread. Ale +made from barley was passed around in a cup. Mead made from +honey was also drunk. + +Men wore long-sleeved wool and linen garments reaching almost to +the knee, around which they wore a belt tied in a knot. Men +often wore a gold ring on the fourth finger of the right hand. +Leather shoes were fastened with leather thongs around the +ankle. Their hair was parted in the middle and combed down each +side in waving ringlets. The beard was parted in the middle of +the chin, so that it ended in two points. The clergy did not +wear beards. Well-to-do women wore brightly colored robes with +waist bands, headbands, necklaces, gem bracelets, and rings. +Their long hair was in ringlets and they put rouge on their +cheeks. They were often doing needlework. Silk was affordable +only by the wealthy. + +Most families kept a pig and pork was the primary meat. There +were also sheep, goats, cows, deer, rabbits, and fowl. Fowl was +obtained by fowlers who trapped them. The inland waters yielded +eels, salmon, and trout. In the fall, meat was salted to +preserve it for winter meals. There were orchards growing figs, +nuts, grapes, almonds, pears, and apples. Also produced were +beans, lentils, onions, eggs, cheese, and butter. Pepper and +cinnamon were imported. + +Fishing from the sea developed in the 1000s A.D., and yielded +herrings, sturgeon, porpoise, oysters, crabs, and other fish. +Whale skins were used to make ropes. + +It was usual to wash one's feet in a hot tub after traveling and +drying them with a rough wool cloth. Traveling a far distance +was unsafe as there were robbers on the roads. Traveling +strangers were distrusted. There were superstitions about the +content of dreams, the events of the moon, and the flights and +voices of birds were often seen as signs or omens of future +events. Herbal mixtures were drunk for sickness and maladies. + +In the peaceful latter part of the 600s, Theodore, who had been a +monk in Rome, was appointed Archbishop and visited all the +island speaking about the right rule of life and ordaining +bishops to oversee the priests. There was a bishop for each of +the kingdoms. The bishops came to have the same wergeld as an +eorldorman: 1200 s., which was the price of about 500 oxen. A +priest had the wergeld as a landholding farmer [thegn], or 300s. +The bishops spoke Latin, but the priests of the local parishes +spoke English. Theodore was the first archbishop whom all the +English church obeyed. He taught sacred and secular literature, +the books of holy writ, ecclesiastical poetry, astronomy, +arithmetic, and sacred music. The learned ecclesiastical life +flourished in monasteries. Theodore discouraged slavery by +denying Christian burial to the kidnapper and forbidding the +sale of children over the age of seven. Hilda, a noble's +daughter, became the first nun in Northumbria and abbess of one +of its monasteries. There she taught justice, piety, chastity, +peace, and charity. Several monks taught there later became +bishops. Kings and princes often asked her advice. + +There were several kingdoms. Kings were selected from the royal +family by their worthiness. A King had not only a wergeld to be +paid to his family if he were killed, but a "cynebot" that would +be paid to his kingdom. A King's household would have a +chamberlain, marshall to oversee the horses and military +equipment, a steward, and a cupbearer. A queen could possess, +manage, and dispose of lands in her name. Great men wore +gold-embroidered clothes, gilt buckles and brooches, and drank +from drinking horns mounted in silver-gilt or in gold. Their +wives had beads, pins, needles, tweezers of bronze, and +work-boxes of bronze, some highly ornamented. + +Danish Vikings made several invasions in the 800s for which a +danegeld tax on land was assessed on everyone every ten to +twenty years. It was stored in a strong box under the King's +bed. King Alfred the Great unified the country to defeat them. +He established fortifications called "burhs", usually on hill +tops or other strategic locations on the borders to control the +main road and river routes into Wessex. The burhs were the first +towns. They were typically walled enclosures with towers and +several wooden thatched huts and a couple of churches inside. +Earthen oil lamps were in use. The land area protected by each +burh became known as a "shire". The country was inhabited by +Anglo-Saxons and was called "Angle-land", which later became +"England". + +Alfred gathered together fighting men who were at his disposal, +which included eorldormen's hearthband (men each of whom had +chosen to swear to fight to the death for their eorldorman, and +some of whom were of high rank), shire thegns (local landholding +farmers, who were required to bring fighting equipment such as +swords, helmets, chainmail, and horses), and ordinary freemen, +i.e. ceorls (who carried food, dug fortifications, and sometimes +fought). Some great lords organized men under them, whom they +provisioned. These vassals took a personal oath to their lord +"on condition that he keep me as I am willing to deserve, and +fulfill all that was agreed on when I became his man, and chose +his will as mine." Alfred had a small navy of longships with 60 +oars to fight the Viking longships. + +Alfred divided his army into two parts so that one-half of the +men were fighting while the other half was at home sowing and +harvesting for those fighting. Thus, any small-scale independent +farming was supplanted by the open-field system, cultivation of +common land, and a more manor-oriented and stratified society +with the King and important families more powerful and the +peasants more curtailed. Many free coerls of the older days +became bonded. The village community became a manor. But the +lord does not have the power to encroach upon the rights of +common that exist within the community. + +In 886, a treaty between Alfred and the Vikings divided the +country along the war front and made the wergeld of every free +farmer, whether English or Viking, 200s. Men of higher rank were +given a wergeld of 4 1/2 marks of pure gold. A mark was probably +a Viking denomination and a mark of gold was equal to nine marks +of silver in later times and probably in this time. + +King Alfred gave land with jurisdictional powers within its +boundaries such as the following: "This is the bequest which +King Alfred make unequivocally to Shaftesbury, to the praise of +God and St. Mary and all the saints of God, for the benefit of my +soul, namely a hundred hides [a hide was probably the amount of +land which could support a family for a year or as much land as +could be tilled annually by a single plow] as they stand with +their produce and their men, and my daughter AEthelgifu to the +convent along with the inheritance, since she took the veil on +account of bad health; and the jurisdiction to the convent, which +I myself possessed, namely obstruction and attacks on a man's +house and breach of protection. And the estates which I have +granted to the foundation are 40 hides at Donhead and Compton, +20 hides at Handley and Gussage 10 hides at Tarrant, 15 hides at +Iwerve and 15 hides at Fontmell. + +The witnesses of this are Edward my son and Archbishop AEthelred +and Bishop Ealhferth and Bishop AEthelhead and Earl Wulfhere and +Earl Eadwulf and Earl Cuthred and Abbot Tunberht and Milred my +thegn and AEthelwulf and Osric and Brihtulf and Cyma. If anyone +alters this, he shall have the curse of God and St. Mary and all +the saints of God forever to all eternity. Amen." + +Sons usually succeeded their fathers on the same land as shown by +this lifetime lease: "Bishop Denewulf and the community at +Winchester lease to Alfred for his lifetime 40 hides of land at +Alresford, in accordance with the lease which Bishop Tunbriht +had granted to his parents and which had run out, on condition +that he renders every year at the autumnal equinox three pounds +as rent, and church dues, and the work connected with church +dues; and when the need arises, his men shall be ready both for +harvesting and hunting; and after his death the property shall +pass undisputed to St. Peter's. + +These are the signatures of the councilors and of the members of +the community who gave their consent, namely ..." + +Alfred wrote poems on the worthiness of wisdom and knowledge in +preference to material pleasures, pride, and fame, in dealing +with life's sorrow and strife. His observations on human nature +and his proverbs include: + +1. As one sows, so will he mow. + +2. Every man's doom [judgment] returns to his door. + +3. He who will not learn while young, will repent of it when +old. + +4. Weal [prosperity] without wisdom is worthless. + +5. Though a man had 70 acres sown with red gold, and the gold +grew like grass, yet he is not a whit the worthier unless he +gain friends for himself. + +6. Gold is but a stone unless a wise man has it. + +7. It's hard to row against the sea-flood; so it is against +misfortune. + +8. He who toils in his youth to win wealth, so that he may enjoy +ease in his old age, has well bestowed his toil. + +9. Many a man loses his soul through silver. + +10. Wealth may pass away, but wisdom will remain, and no man may +perish who has it for his comrade. + +11. Don't choose a wife for her beauty nor for wealth, but study +her disposition. + +12. Many an apple is bright without and bitter within. + +13. Don't believe the man of many words. + +14. With a few words a wise man can compass much. + +15. Make friends at market, and at church, with poor and with +rich. + +16. Though one man wielded all the world, and all the joy that +dwells therein, he could not therewith keep his life. + +17. Don't chide with a fool. + +18. A fool's bolt is soon shot. + +19. If you have a child, teach it men's manners while it is +little. If you let him have his own will, he will cause you much +sorrow when he comes of age. + +20. He who spares the rod and lets a young child rule, shall rue +it when the child grows old. + +21. Either drinking or not drinking is, with wisdom, good. + +22. Be not so mad as to tell your friend all your thoughts. + +23. Relatives often quarrel together. + +24. The barkless dog bites ill. + +25. Be wise of word and wary of speech, then all shall love you. + +26. We may outride, but not outwit, the old man. + +27. If you and your friend fall out, then your enemy will know +what your friend knew before. + +28. Don't choose a deceitful man as a friend, for he will do you +harm. + +29. The false one will betray you when you least expect it. + +30. Don't choose a scornful false friend, for he will steal your +goods and deny the theft. + +31. Take to yourself a steadfast man who is wise in word and +deed; he will prove a true friend in need. + +To restore education and religion, Alfred disseminated the +Anglo-Saxon Chronicles, the Venerable Bede's Ecclesiastical +History of the English Nation, the Providence of Boethius on the +goodness of God, and Pope Gregory's Pastoral Care, which he had +translated into English and was the fundamental book on the duty +of a bishop, and included his duty to teach laymen. Alfred's +advice to pastors was to live as they had been taught from +books and to teach this manner of life to others. To be avoided +was pride, the mind's deception of seeking glory in the name of +doing good works, and the corruption of high office. Bede was +England's first scholar, first theologian, and first historian. +He wrote poetry, theological books, and textbooks on grammar, +rhetoric [public speaking and debating], arithmetic, and +astronomy. He began the practice of dating years from the birth +of Christ. + +A famous poem, the oral legend of Beowulf, a hero who led his men +into adventures and performed great feats and fought monsters +and dragons, was put into writing with a Christian theme. In it, +loyalty to one's lord is a paramount virtue. Also available in +writing was the story of King Arthur's twelve victorious battles +against the pagan Saxons, authored by Nennius. + +There were professional story-tellers attached to great men. +Others wandered from court to court, receiving gifts for their +story-telling. Men usually told oral legends of their own feats +and those of their ancestors after supper. + +Alfred had monasteries rebuilt with learned and moral men heading +them. He built a strong wall with four gates around London, +which he had conquered. He appointed one of his eorldormen to be +alderman [older man] to govern London and to be the shire's +earl. A later King built a palace in London, although Winchester +was still the royal capital town. When the King traveled, he and +his retinue would be fed by the local people at their expense. + +Under the royalty were the nobles. An earl headed each shire. He +led the array of his shire to do battle if the shire was +attacked. He and the local bishop presided over shire meetings +and meetings of the people. Reeves were appointed by the King as +his representatives in the shires. The reeve took security from +every person for the maintenance of the public peace. He also +brought suspects to court, gave judgments according to the +doom-books, delivered offenders to punishment. By service to the +King, it was possible for a coerl to rise to become a thegn and +to be given land by the King. The King's thegns who got their +position by fighting for the King came to be known as knights. +Other thegns performed functions of magistrates. A thegn was +later identified as a person with five hides of land, a church, +a bell-house, a judicial at the burgh-gate, and an office or +station in the King's hall. Some thegns reached nobility status +with a wergeld of 1200 s. when a freeman's wergeld was 200s. They +also were given a higher legal status in the scale of +punishment, giving credible evidence, and participation in legal +proceedings. The sokemen were freemen who had inherited their +own land, chose their own lord, and attended their lord's court. +That is, their lord has soc jurisdiction over them. A smallholder +rented land of about 30 acres from a landlord, which he paid by +doing work on the lord's demesne [household] land, paying money +rent, or paying a food rent such as in eggs or chickens. +Smallholders made up about two-fifths of the population. A +cottager had one to five acres of land and depended on others for +his living. Among these were shepherds, ploughmen, swineherds, +and blacksmiths. They also participated in the agricultural +work, especially at harvest time. + +It was possible for a thegn to acquire enough land to qualify him +for the witan [King's council of wise men, which included +archbishops, bishops, abbots, earls, chief landholders, and +officers of the King's household; and also chose the King's +successor on his death]. Women could be present at the +witenagemot [meeting of the witan, which met three times +annually] and shire-gemot [meeting of the shire]. They could sue +and be sued in the courts. They could independently inherit, +possess, and dispose of property. A wife's inheritance was her +own and under no control of her husband. + +Marriage required the consent of the lady and her friends. The +man also had to arrange for the foster-lean, that is, money for +the support of expected children. He also declared the amount of +money or land he would give the lady for her consent, that is, +the morgengift, and what he would bequeath her in case of his +death. If she remarried within a year of his death, she had to +forfeit the morgengift. + +Great men and monasteries had millers, smiths, carpenters, +architects, agriculturalists, fishermen, weavers, embroiderers, +dyers, and illuminators. + +For entertainment, minstrels sang ballads about heroes or Bible +stories, harpers played, jesters joked, and tumblers threw and +caught balls and knives. There was gambling, dice games, and +chasing deer with hounds. + +Fraternal guilds were established for mutual advantage and +protection. A guild imposed fines for any injury of one member +by another member. It assisted in paying any murder fine imposed +on a member. It avenged the murder of a member and abided by the +consequences. It buried its members and purchased masses for his +soul. + +Merchantile guilds in sea-ports carried out commercial +speculations not possible by the capital of only one person. + +There were some ale-houses. + + +The Law + +Alfred issued a set of laws to cover the whole country. + +The importance of telling the truth and keeping one's word are +expressed by this law: "1. At the first we teach that it is most +needful that every man warily keep his oath and his wed. If any +one be constrained to either of these wrongfully, either to +treason against his lord, or to any unlawful aid; then it is +juster to belie than to fulfil. But if he pledge himself to that +which is lawful to fulfil, and in that belie himself, let him +submissively deliver up his weapon and his goods to the keeping +of his friends, and be in prison forty days in a King's tun: let +him there suffer whatever the bishop may prescribe to him: ...". + +The Ten Commandments were written down as this law: + +"The Lord spake these words to Moses, and thus said: I am the +Lord thy God. I led thee out of the land of the Egyptians, and +of their bondage. + +1. Love thou not other strange gods above me. + +2. Utter thou not my name idly, for thou shalt not be guiltless +towards me if thou utter my name idly. + +3. Remember that thou hallow the rest-day. Work for yourselves +six days, and on the seventh rest. For in six days, Christ +wrought the heavens and the earth, the seas, and all creatures +that are in them, and rested on the seventh day: and therefore +the Lord hallowed it. + +4. Honour thy father and thy mother whom the Lord hath given +thee, that thou mayst be the longer living on earth. + +5. Slay thou not. + +6. Commit thou not adultery. + +7. Steal thou not. + +8. Say thou not false witness. + +9. Covet thou not thy neighbour's goods unjustly. + +10. Make thou not to thyself golden or silver gods." + + If one deceives an unbetrothed woman and sleep with her, he must +pay for her and have her afterwards to wife. But if her father +not approve, he should pay money according to her dowry. + +"If a man seize hold of the breast of a ceorlish woman, let him +make bot to her with 5 shillings. If he throw her down and do +not lie with her, let him make bot with 10 shillings. If he lie +with her, let him make bot with 60 shillings. If another man had +before lain with her, then let the bot be half that. ... If this +befall a woman more nobly born, let the bot increase according to +the wer." + +"If any one, with libidinous intent, seize a nun either by her +raiment or by her breast without her leave, let the bot be +twofold, as we have before ordained concerning a laywoman." + +"If a man commit a rape upon a ceorl's female slave, he must pay +bot to the ceorl of 5 shillings and a wite [fine to the King] of +60 shillings. If a male theow rape a female theow, let him make +bot with his testicles." + +For the first dog bite, the owner pays 6 shillings, for the +second, 12 shillings, for the third, 30 shillings. + +An ox which gores someone to death shall be stoned. + +If one steals or slays another's ox, he must give two oxen for +it. + +"If any one steals so that his wife and children don't know it, +he shall pay 60 shillings as wite. But if he steals with the +knowledge of all his household, they shall all go into slavery. +A boy of ten years may be privy to a theft." + +"If one who takes a thief, or holds him for the person who took +him, lets the thief go, or conceals the theft, he shall pay for +the thief according to his wer. If he is an eorldormen, he shall +forfeit his shire, unless the King is willing to be merciful to +him." + + +Judicial Procedure + +Cases were held at monthly meetings of the community [folk-moot]. +The King or his representative in the community, called the +"reeve", conducted the trial by compurgation. + +The one complaining, called the "plaintiff", and the one +defending, called the "defendant", each told their story and put +his hand on the Bible and swore "By God this oath is clean and +true". A slip or a stammer would mean he lost the case. +Otherwise, community members would stand up to swear on behalf of +the plaintiff or the defendant as to their reputation for +veracity. If these "compurgators" were too few, usually twelve +in number, or recited poorly, their party lost. + +If this process was inconclusive, the defendant was told to go to +church and to take the sacrament only if he were innocent. If he +took the sacrament, he was tried by the process of "ordeal". In +the ordeal by cold water, he was bound hand and foot and then +thrown into water. If he floated, he was guilty. If he sank, he +was innocent. It was not necessary to drown to be deemed +innocent. In the ordeal by hot water, he had to pick up a stone +from inside a boiling cauldron. If his hand was healing in three +days, he was innocent. If it was festering, he was guilty. A +similar ordeal was that of hot iron, in which one had to carry in +his hands a hot iron for a certain distance. Although the results +of the ordeal were taken to indicate the will of God, the +official conducting the ordeal could adjust its parameters so +that a person with a guilty demeanor would be found guilty and a +person with an innocent demeanor found innocent. The ordeal seems +to favor the physically fit, because a person who was not fat +would tend to sink and a person who was in good health would +have prompt healing of burns. Presumably a person convicted of +murder, i.e. killing by stealth, or robbery [taking from a +person's robe, that is, his person or breaking into his home to +steal] would be hung and his possessions confiscated. + +The issue of rights to herd pigs to feed in certain woodland was +heard in this lawsuit: + +"In the year 825 which had passed since the birth of Christ, and +in the course of the second Indiction, and during the reign of +Beornwulf, King of Mercia, a council meeting was held in the +famous place called Clofesho, and there the said King Beornwulf +and his bishops and his earls and all the councilors of this +nation were assembled. Then there was a very noteworthy suit +about wood-pasture at Sinton, towards the west in Scirhylte. The +reeves in charge of the pigherds wished to extend the pasture +farther, and take in more of the wood than the ancient rights +permitted. Then the bishop and the advisors of the community said +that they would not admit liability for more than had been +appointed in AEthelbald's day, namely mast for 300 swine, and +that the bishop and the community should have two-thirds of the +wood and of the mast. They Archbishop Wulfred and all the +councilors determined that the bishop and the community might +declare on oath that it was so appointed in AEthelbald's time and +that they were not trying to obtain more, and the bishop +immediately gave security to Earl Eadwulf to furnish the oath +before all the councilors, and it was produced in 30 days at the +bishop's see at Worcester. At that time Hama was the reeve in +charge of the pigherds at Sinton, and he rode until he reached +Worcester, and watched and observed the oath, as Earl Eadwulf +bade him, but did not challenge it. + +Here are the names and designations of those who were assembled +at the council meeting ..." + + + + + +Chapter 3 + +The Times: 900-1066 + +There were many large landholders such as the King, earls [Danish +word for Saxon word "eorldormen"], and bishops. Earls were +noblemen by birth, and often relatives of the King. They were +his army commanders and the highest civil officials, each +responsible for a shire. A breach of the peace of an eorldorman +would occasion a fine. Lower in social status were freemen, then +sokemen, and then, in decreasing order, villani, bordarii, +cottarii, and servi (slaves). + +There was a great expansion of arable land. Some land was common +land, held by communities. If a family came to pay the dues and +fines on it, it became personal to that family and was known as +heir land. + +Kings typically granted land in exchange for services of military +duties, repairing of fortresses, and work on bridges. Less +common services required by landlords include equipping a guard +ship and guarding the coast, guarding the lord, military watch, +maintaining the deer fence at the King's residence, alms giving, +and church dues. Since this land was granted in return for +service, there were limitations on its heritability and often an +heir had to pay a heriot to the landlord to obtain the land. A +heriot was originally the armor of a man killed, which went to +the King. + +There were several thousand thegns, rich and poor, who held land +directly of the King. Free farmers who had sought protection +from thegns in time of war now took them as their lords. A free +man could chose his lord, following him in war and working his +land in peace. In return, the lord would protect him against +encroaching neighbors, back him in the courts of law, and feed +him in times of famine. Often knights stayed with their lords at +their large houses, but later were given land with men on it. +The lords were the ruling class and the greatest of them sat in +the King's council along with bishops, abbots, and officers of +the King's household. The lesser lords were local magnates, who +officiated at the shire and hundred courts. + +A free holder's house was wood, perhaps with a stone foundation, +and roofed with thatch or tiles. There was a main room or hall, +with bed chambers around it. Beyond was the kitchen, perhaps +outside under a lean-to. These buildings were surrounded by a +bank or stiff hedge. + +Simple people lived in huts made from wood and mud, with one door +and no windows. They slept around a fire in the middle of the +earthen floor. They wore shapeless clothes of goat-hair and +unprocessed wool. They ate rough brown bread, vegetable broth, +small-ale from barley, bacon, beans, milk, cabbage, onion, and +honey for sweetening or mead. In the summer, they ate boiled or +raw veal and wild fowl and game snared in the forest. In the +fall, they slaughtered and salted their cattle for food during +the winter because there was no more pasture for them. However, +some cows and breed animals were kept through the winter. + +Folk land was that land that was left over after allotments had +been made to the freemen and which was not common land. Book +land was called such because this holding was written down in +books. This land was usually land that had been given to the +church or monasteries because the church had personnel who could +write. So many thegns gave land to the church, usually a hide, +that the church had 1/3 of the land. + +An example of a grant of hides of land is: "[God has endowed King +Edred with England], wherefore he enriches and honors men, both +ecclesiastic and lay, who can justly deserve it. The truth of +this can be acknowledged by the thegn AElfsige Hunlafing through +his acquisition of the estate of 5 hides at Alwalton for himself +and his heirs, free from every burden except the repair of +fortifications, the building of bridges and military service; a +prudent landowner church dues, burial fees and tithes. [This +land] is to be held for all time and granted along with the +things both great and small belonging to it." + +A Bishop gave land to a faithful attendant for his life and two +other lives as follows: "In 904 A.D., I, Bishop Werfrith, with +the permission and leave of my honorable community in Worcester, +grant to Wulfsige, my reeve, for his loyal efficiency and humble +obedience, one hide of land at Aston as Herred held it, that is, +surrounded by a dyke, for three lives and then after three lives +the estate shall be given back without any controversy to +Worcester." + +The lands of the large landholding lords were administered by +freemen. They had wheat, barley, oats, and rye fields, orchards, +vineyards, and bee-keeping areas for honey. Hand mills and/or +water mills were used for grinding grain. On this land lived not +only farm laborers, cattle herders, shepherds, goatherds, and +pigherds, but craftsmen such as goldsmiths, hawk-keepers, +dog-keepers, horse- keepers, huntsmen, foresters, builders, +weaponsmiths, embroiderers, bronze smiths, blacksmiths, water +mill wrights, wheelwrights, waggon wrights, iron nail makers, +potters, soap-makers, tailors, shoemakers, salters (made salt at +the "wyches"), bakers, cooks, and gardeners. Most men did +carpentry work. Master carpenters worked with ax, hammer, and +saw to make houses, doors, bridges, milk- buckets, wash-tubs, and +trunks. Blacksmiths made gates, huge door hinges, locks, +latches, bolts, and horseshoes. The lord loaned these people land +on which to live for their life, called a "life estate", in +return for their services. The loan could continue to their +children who took up the craft. Mills were usually powered by +water. + +The land of some lords included fishing villages along the +coasts. Other lords had land with iron-mining industries. + +Some smiths traveled for their work, for instance, stone-wrights +building arches and windows in churches, and lead-workers +putting lead roofs on churches. + +Clothing for men and women was made from wool, silk, and linen +and was usually brown in color. Men also wore leather clothing, +such as neckpieces, breeches, ankle leathers, shoes, and boots; +and metal belts under which they carried knives or axes. They +could wear leather pouches for carrying items. + +Water could be carried in leather bags. Leather working +preservative techniques improved so that tanning prevented +stretching or decaying. + +For their meals, people had drinking cups and bottles made of +leather, and bowls, pans, and pitchers made by the potter's +wheel. Water could be boiled in pots made of iron, brass, lead, +or clay. + +Some lords had markets on their land, for which they charged a +toll [like a sales tax] for participation. There were about +fifty markets in the nation. Cattle and slaves were the usual +medium of exchange. Shaking hands was symbolic of an agreement +for a sale, which was carried out in front of witnesses at the +market. People traveled to markets on roads and bridges kept in +repair by certain men who did this work as their service to the +King. + +Salt was used throughout the nation to preserve meat over the +winter. Inland saltworks had an elaborate and specialized +organization. They formed little manufacturing enclaves in the +midst of agricultural land, and they were considered to be +neither manor nor appurtenant to manors. They belonged jointly +to the King and the local earl, who shared, at a proportion of +two to one, the proceeds of the tolls upon the sale of salt and +methods of carriage on the ancient salt ways according to +cartload, horse load, or man load. Horses now had horseshoes. +The sales of salt were mostly retail, but some bought to resell. +Peddlers carried salt to sell from village to village. + +At seaports on the coast, goods were loaded onto vessels owned by +English merchants to be transported to other English seaports. +London was a market town on the north side of the Thames River +and the primary port and trading center for foreign merchants. +Wheat, meal, skins, hides, wool, beer, lead, cheese, salt, and +honey were exported. Wine (mostly for the church), fish, timber, +pitch, pepper, spices, copper, gems, gold, silk, dyes, oil, +brass, sulphur, glass, and elephant and walrus ivory were +imported. There was a royal levy on exports by foreigners +merchants. The other side of the river was called Southwark. It +contained sleazy docks, prisons, gaming houses, brothels, and +inns. + +Guilds in London were first associations of neighbors for the +purposes of mutual assistance. They were fraternities of persons +by voluntary compact to assist each other in poverty, including +their widows or orphans and the portioning of poor maids, and to +protect each other from injury. Their essential features are and +continue to be in the future: 1) oath of initiation, 2) entrance +fee in money or in kind and a common fund, 3) annual feast and +mass, 4) meetings at least three times yearly for guild +business, 5), obligation to attend all funerals of members, to +bear the body if need be from a distance, and to provide masses +for the dead, 6) the duty of friendly help in cases of sickness, +imprisonment, house-burning, shipwreck, or robbery, 7) rules for +decent behavior at meetings, and 8) provisions for settling +disputes without recourse to the law. Both the masses and the +feast were attended by the women. Frequently the guilds also had +a religious ceremonial to affirm their bonds of fidelity. They +readily became connected with the exercise of trades and with +the training of apprentices. They promoted and took on public +purposes such as the repairing of roads and bridges, the relief +of pilgrims, the maintenance of schools and almshouses, and the +periodic performance of pageants and miracle-plays. + +Many of these London guilds were known by the name of their +founding member. There were also Frith Guilds and a Knights' +Guild. The Frith Guild's main object was to put down theft. +Members contributed to a common fund, which paid a compensation +for items stolen. Members with horses were to track the thief. +Members without horses worked in the place of the absent +horseowners until their return. The Knights' Guild was composed +of thirteen military persons to whom King Edgar granted certain +waste land in the east of London, toward Aldgate, for prescribed +services performed. This concession was confirmed by Edward the +Confessor in a charter at the suit of certain burgesses of +London, the successors of these knights. But there was no +trading privilege, and the Prior of Holy Trinity, Aldgate, +became the sovereign of the Guild and the Aldermen ex officio of +Portsoken Ward. He rendered an account to the Crown of the shares +of tallage paid by the men of the Ward and presided over the +wardmoots. Every week in London there was a folkmoot. Majority +decision was a tradition. Every London merchant who had made +three long voyages on his own behalf ranked as a thegn. + +Later in the towns, there were merchant guilds, which were +composed of prosperous traders, who later became landholders. +Merchant guilds grew out of charity associations whose members +were bound by oath to each other and got together for a +guild-feast every month. Many market places were dominated by a +merchant guild, which had a monopoly of the local trade. There +were also some craft guilds composed of handicraftsmen or +artisans. Escaped bonded agricultural workers, poor people, and +traders without land migrated to towns to live, but were not +citizens. + +Towns were largely self-sufficient, but salt and iron came from a +distance. It was the kings' policy to establish in every shire +at least one town with a market place where purchases would be +witnessed and a mint where reliable money was coined. Almost +every village had a watermill. + +Edward the Confessor, named such for his piety, was a King of 24 +years who was widely respected for his intelligence, +resourcefulness, good judgment, and wisdom. His educated Queen +Edith, whom he relied on for advice and cheerful courage, was a +stabilizing influence on him. They were served by a number of +thegns, who had duties in the household, which was composed of +the hall, the courtyard, and the bedchamber. They were important +men, thegns by rank. They were landholders, often in several +areas, and held leading positions in the shires, although they +were not sheriffs. They were also priests and clerics, who +maintained the religious services and performed tasks for which +literacy was necessary. + +The court was host to many of the greatest magnates and prelates +of the land at the time of great ecclesiastical festivals, when +the King held more solemn courts and feasted his vassals. These +included all the great earls, the majority of bishops, some +abbots, and a number of thegns and clerics. Edward had a witan +of wise men to advise him, but sometimes the King would speak in +the hall after dinner and listen to what comments were made from +the mead-benches. As the court moved about the country, many men +came to pay their respects and attend to local business. + +The main governmental activities were: war, collection of +revenue, religious education, and administration of justice. For +war, the shires had to provide a certain number of men and the +ports quotas of ships with crews. The King was the patron of the +English church. He gave the church peace and protection. He +presided over church councils and appointed bishops. As for the +administration of justice, the public courts were almost all +under members of Edward's court, bishops, earls, and reeves. +Edward's mind was often troubled and disturbed by the threat +that law and justice would be overthrown, by the pervasiveness of +disputes and discord, by the raging of wicked presumption, by +money interfering with right and justice, and by avarice +kindling all of these. He saw it as his duty to courageously +oppose the wicked by taking good men as models, by enriching the +churches of God, by relieving those oppressed by wicked judges, +and by judging equitably between the powerful and the humble. + +A King's grant of land entailed two documents: a charter giving +boundaries and conditions and a writ, usually addressed to the +shire court, listing the judicial and financial privileges +conveyed with the land. These were usually sac and soke [petty +jurisdiction over inhabitants of the estate], toll and team [a +share in the profits from trade conducted within the estate], and +infangenetheof [the authority to hang and take the chattels of a +thief caught on the property]. The writ was created by the +Chancery, which had been established by the King to draft +documents and keep records. The writ was a small piece of +parchment addressed to a royal official or dependent commanding +him to perform some task for the King. By the 1000s A.D., the +writ contained a seal: a lump of wax with the impress of the +Great Seal of England. + +The town of Coventry consisted of a monastery manor and a private +manor. The monastery was granted by Edward the Confessor full +freedom and these jurisdictions: sac and soke, toll and team, +hamsocne [the authority to fine a person for breaking into and +making entry by force into the dwelling of another], forestall +[the authority to fine a person for robbing others on the road], +blodwite [the authority to impose a forfeiture for assault +involving bloodshed], fihtwite [the authority to fine for +fighting], weordwite [the authority to fine for manslaughter, +but not for willful murder], and mundbryce [the authority to +fine for any breach of the peace, such as trespass on lands]. + +Marriages were determined by men asking women to marry them. If a +woman said yes, he paid a sum to her kin for her "mund" +[jurisdiction or protection over her] and gave his oath to them +to maintain and support the woman and any children born. As +security for this oath, he gave a valuable object or "wed". The +couple were then betrothed. Marriage ceremonies were performed by +priests in churches. The marriage was written into church +records. Friends witnessed the wedding and afterwards ate the +great loaf, or first bread made by the bride. This was the +forerunner of the wedding cake. They drank special ale, the +"bride ale" (from hence the work "bridal"), to the health of the +couple. + +This marriage agreement with an Archbishop's sister provides her +with land, money, and horsemen: + +"Here in this document is stated the agreement which Wulfric and +the archbishop made when he obtained the archbishop's sister as +his wife, namely he promised her the estates at Orleton and +Ribbesford for her lifetime, and promised her that he would +obtain the estate at Knightwick for her for three lives from the +community at Winchcombe, and gave her the estate at Alton to +grant and bestow upon whomsoever she pleased during her lifetime +or at her death, as she preferred, and promised her 50 mancuses +of gold and 30 men and 30 horses. + +The witnesses that this agreement was made as stated were +Archbishop Wulfstan and Earl Leofwine and Bishop AEthelstan and +Abbot AElfweard and the monk Brihtheah and many good men in +addition to them, both ecclesiastics and laymen. There are two +copies of this agreement, one in the possession of the +archbishop at Worcester and the other in the possession of +Bishop AEthelstan at Hereford." + +This marriage agreement provided the wife with money, land, farm +animals and farm laborers; it also names sureties, the survivor +of whom would receive all this property: + +"Here is declared in this document the agreement which Godwine +made with Brihtric when he wooed his daughter. In the first +place he gave her a pound's weight of gold, to induce her to +accept his suit, and he granted her the estate at Street with +all that belongs to it, and 150 acres at Burmarsh and in addition +30 oxen and 20 cows and 10 horses and 10 slaves. + +This agreement was made at Kingston before King Cnut, with the +cognizance of Archbishop Lyfing and the community at +Christchurch, and Abbot AElfmaer and the community at St. +Augustine's, and the sheriff AEthelwine and Sired the old and +Godwine, Wulfheah's son, and AElfsige cild and Eadmaer of Burham +and Godwine, Wulfstan's son, and Carl, the king's cniht. And +when the maiden was brought from Brightling AElfgar, Sired's +son, and Frerth, the priest of Forlstone, and the priests +Leofwine and Wulfsige from Dover, and Edred, Eadhelm's son, and +Leofwine, Waerhelm's son, and Cenwold rust and Leofwine, son of +Godwine of Horton, and Leofwine the Red and Godwine, Eadgifu's +son, and Leofsunu his brother acted as security for all this. +And whichever of them lives the longer shall succeed to all the +property both in land and everything else which I have given +them. Every trustworthy man in Kent and Sussex, whether thegn or +commoner, is cognizant of these terms. + +There are three of these documents; one is at Christchurch, +another at St. Augustine's, and Brihtric himself has the third." + +Nuns and monks lived in nunneries and monasteries on church land +and grew their own food. The local bishop usually was also an +abbot of a monastery. The priests and nuns wore long robes with +loose belts and did not carry weapons. Their life was ordered by +the ringing of the bell to start certain activities, such as +prayer; meals; meetings; work in the fields, gardens, or +workshops; copying and illuminating books; taught justice, +piety, chastity, peace, and charity; and cared for the sick. +Caring for the sick entailed mostly praying to God as it was +thought that only God could cure. The large monasteries had +libraries, dormitories, guest-houses, kitchens, butteries to +store wine, bakehouses, breweries, dairies, granaries, barns, +fish-ponds, orchards, vineyards, gardens, workshops, laundries, +lavatories with long stone or marble washing-troughs, and +towels. Slavery was diminished by the church by excommunication +for the sale of a child over seven. The clergy taught that +manumission of slaves was good for the soul of the dead, so it +became frequent in wills. The clergy were to be celibate and not +marry, but in lax times this rule was not followed. + +The Archbishop of Canterbury began anointing new Kings at the +time of coronation to emphasize that the King was ruler by the +grace of God. + +Illness was thought to be caused by demons. People hung charms +around their neck for cure and treatments of magic and herbs +were given. For instance, the remedy for "mental vacancy and +folly" was a drink of "fennel, agrimony, cockle, and marche". +Leeches were used for healing wounds, such as those from snake +bites. + + +The Law + +Every free man who did not hold land had to find a lord to answer +for him. The act of homage was symbolized by placing his hands +within those of his lord. Every lord shall be personally +responsible as surety for the men of his household. + +Every free man who held land had to be in a local tithing, +usually about ten men, in which they served as personal sureties +for each other's peaceful behavior [frankpledge]. If one of them +were accused of an offense, the others had to produce him in +court or pay for the offense, unless they could prove that they +had no complicity in it. + +"And every man shall see that he has a surety, and this surety +shall bring and keep him to [the performance of] every lawful +duty. + +1. And if anyone does wrong and escapes, his surety shall incur +what the other should have incurred. + +2. If the case be that of a thief and his surety can lay hold of +him within 12 months, he shall deliver him up to justice, and +what he has paid shall be returned to him." + +Only a priest could declare a marriage. The groom had to bring +friends to his wedding as sureties to guarantee his oath to +maintain and support his wife and children. Those who swore to +take care of the children were called their "godfathers". + +"No woman or maiden shall be forced to marry a man she dislikes +or given for money." + +"Violence to a widow or maiden is punishable by payment of one's +wergeld." + +No man shall have more wives than one. + +No man may marry among his own kin within six degrees of +relationship or with the widow of a man as nearly related to him +as that, or with a near relative of his first wife's, or his +god-mother, or a divorced woman. Incest is punishable by payment +of one's wergeld or a fine or forfeiture of all his possessions. + +Grounds for divorce were mutual consent or adultery or desertion. + +Adultery was prohibited for men as well as for women. + +Prostitutes shall be driven out of the land or destroyed in the +land, unless they cease from their wickedness and make amends to +the utmost of their ability. + +Neither husband nor wife could sell family property without the +consent of the other. + +If there was a marriage agreement, it determined the wife's +"dower", which would be hers upon his death. Otherwise, if a man +who held his land in socage [owned it freely and not subject to +a larger landholder] died before his wife, she got half this +property. If there were minor children, she got all this +property. + +Inheritance of land to adult children was by the custom of the +land held. In some places, the custom was for the oldest son to +take it and in other places, the custom was for the youngest son +to take it. Usually, the sons each took an equal portion by +partition, but the eldest son had the right to buy out the +others as to the chief messuage [dwelling and supporting land and +buildings] as long as he compensated them with property of equal +value. If there were no legitimate sons, then each daughter took +an equal share when she married. + +In London, one-third of the personal property of a decedent went +to his wife, one-third went to his children in equal shares, and +one-third he could bequeath as he wished. + +"If a man dies intestate [without a will], his lord shall have +heriot [horses, weapons, shields, and helmets] of his property +according to the deceased's rank and [the rest of] the property +shall be divided among his wife, children, and near kinsmen." + +A man could justifiably kill an adulterer in the act with the +man's wife, daughter, sister, or mother. In Kent, a lord could +fine any bondswoman of his who had become pregnant without his +permission [childwyte]. + +A man could kill in defense of his own life, the life of his +kinsmen, his lord, or a man whose lord he was. The offender was +"caught red-handed" if the blood of his victim was still on him. +He could also kill a thief in the act of carrying off his +property, e.g. the thief hand-habbende [a thief found with the +stolen goods in his hand] or the thief back-berend [a thief +found carrying stolen goods on his back]. Self-help was +available for hamsocne [breaking into a man's house to assault +him]. + +Cattle theft could be dealt with only by speedy pursuit. The law +required that a person who had involuntarily lost possession of +cattle should at once raise the hue and cry. All his neighbors +were then under a legal duty to follow the trail of the cow to +its taker. + +Murder is punished by death as follows: "If any man break the +King's peace given by hand or seal, so that he slay the man to +whom the peace was given, both his life and lands shall be in the +King's power if he be taken, and if he cannot be taken he shall +be held an outlaw by all, and if anyone shall be able to slay +him he shall have his spoils by law." + +"If anyone by force break or enter any man's court or house to +slay or wound or assault a man, he shall pay 100 shillings to +the King as fine." + +"If anyone slay a man within his court or his house, himself and +all his substance are at the King's will, save the dower of his +wife if he have endowed her." + +No clergy may gamble or participate in games of chance. + +Measures and weights of goods for sale shall be correct. + +Every man shall have a warrantor to his market transactions and +no one shall buy and sell except in a market town; but he shall +have the witness of the portreeve or of other men of credit, who +can be trusted. + +No marketing, business, or hunting may be done on Sundays. + +No one may bind a free man, shave his head in derision, or shave +off his beard. Shaving was a sign of enslavement, which could be +incurred by not paying one's fines for offenses committed. + +"And if anyone is so rich or belongs to so powerful a kindred, +that he cannot be restrained from crime or from protecting and +harboring criminals, he shall be led out of his native district +with his wife and children, and all his goods, to any part of +the kingdom which the King chooses, be he noble or commoner, +whoever he may be - with the provision that he shall never +return to his native district. And henceforth, let him never be +encountered by anyone in that district; otherwise he shall be +treated as a thief caught in the act." + +The Laws for London were: + +"1. The gates called Aldersgate and Cripplegate were in charge of +guards. + +2. If a small ship came to Billingsgate, one half-penny was paid +as toll; if a larger ship with sails, one penny was paid. + + 1) If a hulk or merchantman arrives and lies there, four pence +is paid as toll. + + 2) From a ship with a cargo of planks, one plank is given as +toll. + + 3) On three days of the week toll for cloth [is paid] on +Sunday and Tuesday and Thursday. + + 4) A merchant who came to the bridge with a boat containing +fish paid one half- penny as toll, and for a larger ship one +penny." + + 5 - 8) Foreigners with wine or blubber fish or other goods and +their tolls. + +Foreigners were allowed to buy wool, melted fat [tallow], and +three live pigs for their ships. + +"3. If the town-reeve or the village reeve or any other official +accuses anyone of having withheld toll, and the man replies that +he has kept back no toll which it was his legal duty to pay, he +shall swear to this with six others and shall be quit of the +charge. + + 1) If he declares that he has paid toll, he shall produce the +man to whom he paid it, and shall be quit of the charge. + + 2) If, however, he cannot produce the man to whom he paid it, +he shall pay the actual toll and as much again and five pounds +to the King. + + 3) If he vouches the tax-gatherer to warranty [asserting] +that he paid toll to him, and the latter denies it, he shall +clear himself by the ordeal and by no other means of proof. + +4. And we [the King and his counselors] have decreed that a man +who, within the town, makes forcible entry into another man's +house without permission and commits a breach of the peace of +the worst kind ... and he who assaults an innocent person on the +King's highway, if he is slain, shall lie in an unhonored grave. + + 1) If, before demanding justice, he has recourse to violence, +but does not lose his life thereby, he shall pay five pounds for +breach of the King's peace. + + 2) If he values the good-will of the town itself, he shall +pay us thirty shillings as compensation, if the King will grant +us this concession." + +5. No base coin or coin defective in quality or weight, foreign +or English, may be used by a foreigner or an Englishman. + +Swearing a false oath or perjury is punishable by loss of one's +hand or half one's wergeld. + + +Judicial Procedure + +There were courts for different geographical communities. + +In London, the Hustings Court met weekly and the folkmoot of all +citizens met three times a year. Each ward had a leet court +[precursor to police court]. + +The vill [similar to village] was the smallest community for +judicial purposes. There were several vills in a hundred. + +A King's reeve presided over local criminal and peace and order +issues [leet jurisdiction] at monthly meetings of the hundred +court. However, summary procedure was followed when a criminal +was caught in the act or seized after a hue and cry. Every free +man over age 12 had to be in a hundred. The hundred was a +division of the shire [county]. Usually, the shire reeve, or +"sheriff", held each hundred court in turn. In the hundred +court, representatives of the villages settled their disputes +and answered for breaches of the peace. + +A shire [county] was a larger area of land, headed by an earl. +All persons residing in the shire met twice a year. They were +summoned together by the sheriff, who was appointed by the earl +and the King. The sheriff was responsible for the royal +administration in the shire. He was responsible for the royal +accounts and performed functions like tracking cattle thieves. +The shire court was primarily concerned with issues of the +larger landholders. Here the freemen interpreted the customary +law of the locality. The earl usually took a third of the +profits such as fines and forfeits, of the shire court. + +A bishop sat on both the shire and the hundred court. + +"No one shall make distraint of property until he has appealed +for justice in the hundred court and shire court". + +This lawsuit between a son and his mother over land was heard at +a shire- meeting: "Here it is declared in this document that a +shire-meeting sat at Aylton in King Cnut's time. There were +present Bishop AEthelstan and Earl Ranig and Edwin, the Earl's +son, and Leofwine, Wulfsige's son, and Thurkil the White; and +Tofi the Proud came there on the King's business, and Bryning +the sheriff was present, and AEthelweard of Frome and Leofwine +of Frome and Godric of Stoke and all the thegns of +Herefordshire. Then Edwin, Enneawnes son, came traveling to the +meeting and sued his own mother for a certain piece of land, +namely Wellington and Cradley. Then the bishop asked whose +business it was to answer for his mother, and Thurkil the White +replied that it was his business to do so, if he knew the claim. +As he did not know the claim, three thegns were chosen from the +meeting [to ride] to the place where she was, namely at Fawley, +and these were Leofwine of Frome and AEthelsige the Red and +Winsige the seaman, and when they came to her they asked her +what claim she had to the lands for which her son was suing her. +Then she said that she had no land that in any way belonged to +him, and was strongly incensed against her son, and summoned to +her kinswoman, Leofflaed, Thurkil's wife, and in front of them +said to her as follows: 'Here sits Leofflaed, my kinswoman, to +whom, after my death, I grant my land and my gold, my clothing +and my raiment and all that I possess.' And then she said to the +thegns: 'Act like thegns, and duly announce my message to the +meeting before all the worthy men, and tell them to whom I have +granted my land and all my property, and not a thing to my own +son, and ask them to be witnesses of this.' And they did so; +they rode to the meeting and informed all the worthy men of the +charge that she had laid upon them. Then Thurkil the White stood +up in the meeting and asked all the thegns to give his wife the +lands unreservedly which her kinswoman had granted her, and they +did so. Then Thurkil rode to St. AEthelbert's minister, with the +consent and cognizance of the whole assembly, and had it +recorded in a gospel book." + +Courts controlled by lords had various kinds of jurisdiction +recognized by the King. "Sac and soc" included the right to deal +with land disputes. "Toll and team" included the right to levy +tolls on cattle sales and to hold a hearing for men accused of +stealing cattle. "Infangenetheof" gave power to do justice to a +thief caught red-handed. Sometimes this jurisdiction overlapped +that of the hundred court. + +The King decided the complaints and issues of the nobility. + + + + + +Chapter 4 + +The Times: 1066-1100 + +William came from Normandy to conquer the nation. He claimed that +the former King, Edward, the Confessor, had promised the throne +to him when they were growing up together in Normandy if Edward +became King of England and had no children. William's men and +horses came in boats powered by oars and sails. The conquest did +not take long because of the superiority of his military +expertise to that of the English. He organized his army into +three groups: archers with bows and arrows, horsemen with swords +and stirrups, and footmen with hand weapons. Each group played a +specific role in a strategy planned in advance. The English army +was only composed of footmen with hand weapons and shields and +was inexperienced. + +Declaring the English who fought against him to be traitors, +William declared their land confiscated. As William conquered +this land, he parceled it out among the barons who fought with +him. They again made oaths of personal loyalty to him [fealty]. +They agreed to hold the land as his vassals with future military +services to him and receipt of his protection. They gave him +homage by placing their hands within his and saying "I become +your man for the tenement I hold of you, and I will bear you +faith in life and member [limb] and earthly honor against all +men". They held their land "of their lord", the King, by knight's +service. The King had "enfeoffed" them [given them a fief: a +source of income] with land. The theory that by right all land +was the King's and that land was held by others only at his gift +and in return for specified service was new to English thought. + +The Saxon governing class was destroyed. The independent power of +earls, who had been drawn from three great family houses, was +curtailed. Most died or fled the country. The people were +deprived of their most popular leaders, who were excluded from +all positions of trust and profit, especially the clergy of all +degrees. + +William was a stern and fierce man and ruled as an autocrat by +terror. Whenever the people revolted or resisted his mandates, +he seized their lands or destroyed the crops and laid waste the +countryside and so that they starved to death. He had a strict +system of policing the nation. Instead of the Anglo-Saxon self- +government throughout the districts and hundreds of resident +authorities in local courts, he aimed at substituting for it the +absolute rule of the barons under military rule so favorable to +the centralizing power of the Crown. He used secret police and +spies and the terrorism this system involved. This especially +curbed the minor barons and preserved the public peace. + +The English people were disarmed. Curfew bells were rung at 7:00 +PM when everyone had to remain in their own dwellings on pain of +death and all fires and candles were to be put out, This +prevented any nightly gatherings, assassinations, or seditions. +Order was brought to the kingdom so that no man dare kill +another, no matter how great the injury he had received. William +extended the King's peace on high roads to include the whole +nation. Any individual of any rank could travel from end to end +of the land unharmed. Before, prudent travelers would travel +only in groups of twenty. + +The barons subjugated the English who were on their newly +acquired land. There began a hierarchy of seisin [rightful +occupation] of land so that there could be no land without its +lord. Also, every lord had a superior lord with the King as the +overlord or supreme landlord. One piece of land may be held by +several tenures. For instance, A, holding by barons's service of +the King, may enfeoff B, a church, to hold of him on the terms +of praying for the souls of his ancestors, and B may enfeoff a +freeman C to hold of the church by giving it a certain +percentage of his crops every year. There were about 200 barons +who held land directly of the King. Other fighting men were the +knights, who were tenants or subtenants of a baron. Knighthood +began as a reward for valor on the field of battle by the King +or a noble. Altogether there were about 5000 fighting men +holding land. + +The essence of Norman feudalism was that the land remained under +the lord, whatever the vassal might do. The lord had the duty to +defend the vassals on his land. The vassal owed military service +to the lord and also the service of attending the courts of the +hundred and the shire, which were courts of the King, +administering old customary law. They were the King's courts on +the principle that a crime anywhere was a breach of the King's +peace. + +This feudal bond based on occupancy of land rather than on +personal ties was uniform throughout the realm. No longer could +a man choose his lord and transfer his land with him to a new +lord. He held his land at the will of his lord, to be terminated +anytime the lord decided to do so. In later eras, tenancies would +be held for the life of the tenant, and even later, for his life +and those of his heirs. + +This uniformity of land organization plus the new requirement of +every freeman to take an oath of loyalty directly to the King +that would supersede any oath to any other man gave the nation a +new unity. + +English villani, bordarii, cottarii, and servi on the land of the +barons were subjugated into a condition of "villeinage" +servitude and became "tied to the land" so that they could not +leave the land without their lord's permission. The villeins +formed a new bottom class as the population's percentage of +slaves declined dramatically. They held their land of their +lord, the baron. To guard against uprisings of the conquered +people, the barons used villein labor to build about a hundred +great stone castles, with moats and walls with towers around +them, at easily defensible positions such as hilltops all over +the nation. + +A castle could be built only with permission of the King. A +typical castle had a stone building of about four floors on a +small, steep hill. Later it also had an open area surrounded by +a stone wall with towers at the corners. Around the wall were +ditches and banks and perhaps a moat. One traveled over these via +a drawbridge let down at the gatehouse of the enclosing wall. On +either side of the gatehouse were chambers for the guards. +Arrows could be shot through slits in the enclosing walls. +Inside the enclosed area might be stables, a granary, barracks +for the soldiers, and workshops. + +The castle building was entered by an outer wood staircase to the +guard room on the second floor. The first floor had a well and +was used as a storehouse and/or dungeons for prisoners. The +second floor had a two-storied great hall, with small rooms and +aisles around it within the thick walls. There was also a chapel +area on the second floor. There were small areas of the third +floor which could be used for sleeping. The floors were wood and +were reached by a spiral stone staircase in one corner of the +building. Sometimes there was a reservoir of water on an upper +level with pipes carrying the water to floors below. Each floor +had a fireplace with a slanted flue going through the wall to the +outside. There were toilets in the walls with a pit or shaft +down the exterior of the wall. The first floor had only arrow +slits in the walls, but the higher floors had small windows. + +The great hall was the main room of the castle. It was used for +meals and meetings at which the lord received homages, recovered +fees, and held the view of frankpledge. At the main table, the +lord and his lady sat on chairs. Everyone else sat on benches at +trestle tables, which could be folded up, e.g. at night. +Lighting was by oil lamps or candles on stands or on wall +fixtures. The residence of the lord's family and guests was at a +screened off area at the extreme end of the hall or on a higher +floor. Chests stored garments and jewels. Iron keys and locks +were used for chests and doors. The great bed had a wooden frame +and springs made of interlaced rope or strips of leather. It was +covered with a feather mattress, sheets, quilts, fur covers, and +pillows. Drapery around the bed kept out cold drafts and +provided privacy. There was a water bowl for washing in the +morning. A chamber pot was kept under the bed for nighttime use. +Hay was used as toilet paper. The lord's personal servants slept +nearby on benches or trundle beds. The floor of the hall was +strewn with straw, on which common folk could sleep at night. +There were stools on which to sit. Cup boards (boards on which +to store cups) and chests stored spices and plate. Cooking was +done outside on an open fire, roasting on spits and boiling in +post. One-piece iron shears were available to cut cloth. Hand +held spindles were used for weaving. On the roof there were +rampart walks for sentry patrols and parapets from which to +shoot arrows or throw things at besiegers. Each tenant of the +demesne of the King where he had a castle had to perform a +certain amount of castle-guard duty for its continuing defense. +These knights performing castle- guard duty slept at their posts. +Bathing was done in a wooden tub located in the garden in the +summer and indoors near the fire in winter. The great bed and tub +for bathing were taken on trips with the lord. + +Markets grew up outside castle walls. Any trade on a lord's land +was subject to "passage", a payment on goods passing through, +"stallage", a payment for setting up a stall or booth in a +market, and "pontage", a payment for taking goods across a +bridge. + +The Norman man was clean-shaven and wore his hair short. He wore +a long-sleeved under-tunic of linen or wool that reached to his +ankles. Over this the Norman noble wore a tunic without sleeves, +open at the sides, and fastened with a belt. Over one shoulder +was his cloak, which was fastened on the opposite shoulder by +being drawn through a ring brooch and knotted. He wore thick +cloth stockings and leather shoes. Common men wore tunics to the +knee so as not to impede them in their work. They could roll up +their stockings when working in the fields. A lady also wore a +long-sleeved linen or wool tunic fitted at the waist and laced +at the side, but full in the skirt. She wore a jeweled belt, +passed twice around her waist and knotted in front. Her hair was +often in two long braids, and her head covered with a white +round cloth held in place by a metal circlet like a small crown. +Over her tunic was a cloak fastened at the front with a cord. The +Norman knight wore an over-tunic of leather or heavy linen on +which were sewn flat rings or iron and a conical iron helmet +with nose cover. He wore a sword at his waist and a metal shield +on his back, or he wore his sword and his accompanying retainers +carried spear and shield. + +Norman customs were adopted by the nation. As a whole, +Anglo-Saxon men shaved their beards and whiskers from their +faces, but they kept their custom of long hair flowing from +their heads. But a few kept their whiskers and beards in protest +of the Normans. Everyone had a permanent surname indicating +parentage, place of birth, or residence, such as Field, Pitt, +Lane, Bridge, Ford, Stone, Burn, Church, Hill, Brook, Green. +Other names came from occupations such as Shepherd, Carter, +Parker, Fowler, Hunter, Forester, Smith. Still other came from +personal characteristics such as Black, Brown, and White, Short, +Round, and Long. Some took their names from animals such as +Wolf, Fox, Lamb, Bull, Hogg, Sparrow, Crow, and Swan. Others +were called after the men they served, such as King, Bishop, +Abbot, Prior, Knight. A man's surname was passed on to his son. + +The Normans washed their hands before and after meals and ate +with their fingers. Feasts were stately occasions with costly +tables and splendid apparel. There were practical jokes, +innocent frolics, and witty verbal debating with repartee. + +Those few coerls whose land was not taken by a baron remained +free and held their land "in socage" and became known as +sokemen. + +Great stone cathedrals were built in fortified towns for +William's Norman bishops, who replaced the English bishops. Most +of the existing and new monasteries functioned as training +grounds for scholars, bishops, and statesmen rather than as +retreats from the world's problems to the security of religious +observance. The number of monks grew as the best minds were +recruited into the monasteries. + +William made the church subordinate to him. Bishops were elected +only subject to the King's consent. Homage was exacted from +them. William imposed knight's service on bishoprics, abbeys, +and monasteries, which was commuted to a monetary amount. +Bishops had to attend the King's court. Bishops could not leave +the realm without the King's consent. No royal tenant or royal +servant could be excommunicated, nor his lands be placed under +interdict, without the King's consent. Interdict could demand, +for instance, that the church be closed and the dead buried in +unconsecrated ground. No church rules could be made without his +agreement to their terms. No letters from the Pope could be +received without the King's permission. + +Men continued to give land to the church for their souls, such as +this grant which started the town of Sandwich: "William, King of +the English, to Lanfranc the Archbishop and Hugoni de Montfort +and Richard son of Earl Gilbert and Haimo the sheriff and all the +thegns of Kent, French and English, greeting. Know ye that the +Bishop of Bayeux my brother for the love of God and for the +salvation of my soul and his own, has given to St. Trinity all +houses with their appurtances which he has at Sandwich and that +he has given what he has given by my license." + +When the land was all divided out, the barons had about 3/7 of it +and the church 2/7. The King retained 2/7, including forests for +hunting, for himself and his household, on which he built many +royal castles and hundreds of manor houses throughout the +nation. He built the White Tower in London. He and his household +slept on the upper floors and there was a chapel on the second +floor and a dungeon below the first floor for prisoners. The +other castles were often built at the old fortification burhs of +Alfred. Barons and earls had castle-guard duty in them. William +was constantly moving about the land from castle to castle, +where he entertained his magnates and conducted public business, +such as deciding disputes about holding of land. Near these +castles and other of his property, he designated many areas as +royal hunting forests. Anyone who killed a deer in these forests +was mutilated, for instance by blinding. People living within +the boundaries of the designated forestland could no longer go +into nearby woods to get meat or honey, dead wood for firing, or +live wood for building. Swineherds could no longer drive pigs +into these woods to eat acorns they beat down from oak trees. +Making clearings and grazing livestock in the designated +forestland were prohibited. Most of the nation was either wooded +or bog at this time. + +London was a walled town of one and two story houses made of mud, +twigs, and straw, with thatched roofs. There were churches, a +goods market, a fish market, quays on the river, and a bridge +over the river. Streets probably named by this time include +Bread Street, Milk Street, Honey Lane, Wood Street, and +Ironmonger Lane. Fairs and games were held outside the town +walls in a field called "Smithfield". The freemen were a small +percentage of London's population. There was a butchers' guild, +a pepperers' guild, a goldsmiths' guild, the guild of St. +Lazarus, which was probably a leper charity, the Pilgrims' guild, +which helped people going on pilgrimages, and four bridge +guilds, probably for keeping the wooden London Bridge in repair. +Men told the time by sundials, some of which were portable and +could be carried in one's pocket. London could defend itself, +and a ringing of the bell of St. Paul's Church could shut every +shop and fill the streets with armed horsemen and soldiers led +by a soldier port-reeve. + +William did not interfere with landholding in London, but +recognized it's independence as a borough in this writ: +"William the King greets William, Bishop of London, and Gosfrith +the portreeve, and all the burgesses of London friendly. Know +that I will that you be worthy of all the laws you were worthy +of in the time of King Edward. And I will that every child shall +be his father's heir after his father's day. And I will not +suffer any man to do you wrong. God preserve you." + +So London was not subjected to the Norman feudal system. It had +neither villeins nor slaves. Whenever Kings asserted authority +over it, the citizens reacted until the King "granted" a charter +reaffirming the freedoms of the city and its independence. + +William's reign was a time of tentative expedients and simple +solutions. He administered by issuing writs with commands or +prohibitions. These were read aloud by the sheriffs in the +county courts and other locations. Administration was by the +personal servants of his royal household, such as the +Chancellor, steward, butler, chamberlain, and constable. The +constable was in charge of the knights of the royal household. +Under pressure from the ecclesiastical judges, William replaced +the death penalty by that of the mutilation of blinding, +chopping off hands, and castrating offenders. Castration was the +punishment for rape. But these mutilations usually led to a slow +death by gangrene. + +The Normans used the Anglo-Saxon concepts of jurisdictional +powers. Thus when William confirmed "customs" to the abbot of +Ely, these were understood to include the following: 1) sac and +soke - the right to hold a court of private jurisdiction and +enjoy its profits, 2) toll - a payment in towns, markets, and +fairs for goods and chattel bought and sold, 3) team - persons +might be vouched to warranty in the court, the grant of which +made a court capable of hearing suits arising from the transfer +of land, 4) infangenthef - right of trying and executing thieves +on one's land, 4) hamsocne, 5) grithbrice - violation of the +grantees' special peace, for instance that of the sheriff, 6) +fihtwite - fine for a general breach of the peace, 7) fyrdwite - +fine for failure to appear in the fyrd [national militia]. + +Every shire had at least one burh, or defensible town. Kings had +appointed a royal moneyer in each to mint silver coins for local +use. On one side was the King's head in profile and on the other +side was the name of the moneyer. When a new coinage was issued, +all moneyers had to go to London to get the new dies. William's +head faced frontally on his dies, instead of the usual profile +used by former Kings. + +William held and presided over his council three times a year, as +was the custom, at Easter, Christmas, and Whitsuntide. This was +an advisory council and consisted of earls, greater barons, +officers of the King's household, archbishops, and bishops. It's +functions were largely ceremonial. William's will was the motive +force which under lay all its action. When it was administering +royal justice, it was called the Royal Court. The justiciar was +the head of all legal matters and represented the King in his +absence from the realm. The Treasurer was responsible for the +collection and distribution of revenue. The Chancellor headed +the Chancery and the chapel. + +Sheriffs became powerful figures as the primary agents for +enforcing royal edicts. They collected the royal taxes, executed +royal justice, and presided over and controlled the hundred and +shire courts. They also took part in the keeping of castles and +often managed the estates of the King. Most royal writs were +addressed to the sheriff and shire courts. They also led the +shire militia in time of war or rebellion. + +Royal income came from customary dues, profits of coinage and of +justice, and revenues from the King's own estates. For war, a +man with five hides of land was required to furnish one +heavy-armed horseman for forty days service in a year. A threat +of a Viking invasion caused William to reinstitute the danegeld +tax. To impose this uniformly, he sent commissioners to conduct +surveys by sworn verdicts of appointed groups of local men. A +detailed survey of land holdings and the productive worth of +each was made in 1086. The English called it the "Doomsday Book" +because there was no appeal from it. + +The survey revealed, for instance, that one estate had "on the +home farm five plough teams: there are also 25 villeins and 6 +cotters with 14 teams among them. There is a mill worth 2s. a +year and one fishery, a church and four acres of meadow, wood +for 150 pigs and two stone quarries, each worth 2s. a year, and +two nests of hawks in the wood and 10 slaves." This estate was +deemed to be worth 480s. a year. + +Laxton "had 2 carucates of land [assessed] to the geld. [There +is] land for 6 ploughs. There Walter, a man of [the lord] +Geoffrey Alselin's has 1 plough and 22 villeins and 7 bordars [a +bordar had a cottage and a small amount land in return for +supplying small provisions to his lord] having 5 ploughs and 5 +serfs and 1 female serf and 40 acres of meadow. Wood [land] for +pannage [foraging by pigs] 1 league in length and half a league +in breadth. In King Edward's time it was worth 9 pounds; now [it +is worth] 6 pounds." + +Ilbert de Laci has now this land, where he has twelve ploughs in +the demesne; and forty-eight villani, and twelve bordars with +fifteen ploughs, and three churches and three priests, and three +mills of ten shillings. Wood pastures two miles long, and one +broad. The whole manor five miles long and two broad. Value in +King Edward's time sixteen pounds, the same now. + +That manor of the town of Coventry which was individually held +was that of the Countess of Coventry, who was the wife of the +earl of Mercia. "The Countess held in Coventry. There are 5 +hides. The arable land employs 20 ploughs. In the demesne lands +there are 3 ploughs and 7 ploughs. In the demesne lands there are +3 ploughs and 7 bondmen. There are 50 villeins and 12 bordars +with 20 ploughs. The mill there pay[s] 3 shillings. The +woodlands are 2 miles long and the same broad. In King Edward's +time and afterwards, it was worth 22 pounds [440 s.], now only +11 pounds by weight. These lands of the Countess Godiva Nicholas +holds to farm of the King." + +The survey shows a few manors and monasteries owned a salt-house +or salt-pit in the local saltworks, from which they were +entitled to obtain salt. + +This survey resulted in the first national tax system of about +6s. per hide of land. + +The survey also provided William with a summary of customs of +areas. For instance, in Oxfordshire, "Anyone breaking the King's +peace given under his hand and seal to the extent of committing +homicide shall be at the King's mercy in respect of his life and +members. That is if he be captured. And if he cannot be +captured, he shall be considered as an outlaw, and anyone who +kills him shall have all his possessions. The King shall take +the possessions of any stranger who has elected to live in +Oxford and who dies in possession of a house in that town, and +without any kinfolk. The King shall be entitled to the body and +the possessions of any man who kills another within his own +court or house excepting always the dower of his wife, if he has +a wife who has received dower. + +The courts of the King and barons became schools of chivalry +wherein seven year old noble boys became as pages or valets, +wore a dagger and waited upon the ladies of the household. At +age fourteen, they were advanced to squires and admitted into +more familiar association with the knights and ladies of the +court. They perfected their skills in dancing, riding, fencing, +hawking, hunting and jousting. Before knighthood, they played +team sports in which one team tried to put the other team to +rout. A knight usually selected a wife from the court at which +he grew up. + +These incidents of land tenure began (but were not firmly +established until the reign of Henry II). Each tenant, whether +baron or subtenant, had to pay an "aid" in money for ransom if +his lord was captured in war, for the knighthood of his lord's +eldest son, and for the marriage of his lord's eldest daughter. +Land could be held by an heir only if he could fight. The eldest +son began to succeed to the whole of the lands in all military +tenures. An heir of a tenant had to pay a heavy "relief" on +succession to his estate. If there was a delay in proving +heirship or paying relief, the lord would hold the land and +receive its income in the meantime, often a year. If an heir was +still a minor or female, he or she passed into his lord's +wardship, in which the lord had guardianship of the heir and +possession of the estate, with all its profits. A female heir was +expected to marry a man acceptable to the lord. The estate of an +heiress and her land was generally sold to the highest bidder. +If there were no heirs, the land escheated to the lord. If a +tenant committed felony, his land escheated to his lord. + +Astrologers resided with the families of the barons. People went +to fortune tellers' shops. There was horse racing, steeple +races, and chess for recreation. Girls had dolls; boys had toy +soldiers, spinning tops, toy horses, ships, and wooden models. + +The state of medicine is indicated by this medical advice brought +to the nation by William's son after treatment on the continent: + + +"If thou would have health and vigor Shun cares and avoid anger. +Be temperate in eating And in the use of wine. After a heavy meal +Rise and take the air Sleep not with an overloaded stomach And +above all thou must Respond to Nature when she calls." + +Many free sokemen were caught up in the subjugation by baron +landlords and were reduced almost to the condition of the unfree +villein. The services they performed for their lords were often +indistinguishable. They might also hold their land by villein +tenure, although free as a person with the legal rights of a +free man. The free man still had a place in court proceedings +which the unfree villein did not. + +William allowed Jewish traders to follow him from Normandy and +settle in separate sections of the main towns. They loaned money +for the building of castles and cathedrals. Christians were not +allowed by the church to engage in this usury. The Jews could +not become citizens nor could they have standing in the local +courts. Instead, a royal justiciar secured justice for them. The +Jews could practice their own religion. Only Jews could wear +yellow. + +William was succeeded as King by his son William II, who imposed +on many of the customs of the nation to get more money for +himself. + + +The Law + +The Norman conquerors brought no written law, but affirmed the +laws of the nation. Two they especially enforced were: + +Anyone caught in the act of digging up the King's road, felling a +tree across it, or attacking someone so that his blood spilled +on it shall pay a fine to the King. + +All freemen shall have a surety who would hand him over to +justice for his offenses or pay the damages or fines due. Also, +the entire hundred was the ultimate surety for murder and would +have to pay a "murdrum" fine. + +William made these decrees: + +No cattle shall be sold except in towns and before three +witnesses. + +For the sale of ancient chattels, there must be a surety and a +warrantor. + +No man shall be sold over the sea. (This ended the slave trade at +the port of Bristol.) + +The death penalty for persons tried by court is abolished. + + +Judicial Procedure + +"Ecclesiastical" courts were created for bishops to preside over +issues concerning the cure of souls and criminal cases in which +the ordeal was used. When William did not preside over this +court, an appeal could be made to him. + +The hundred and shire courts now sat without a bishop and handled +only "civil" cases. They were conducted by the King's own +appointed sheriff. Only freemen and not bound villeins had +standing in this court. + +William held court or sent the justiciar or commissioners to hold +his Royal Court [Curia Regis] in the various districts. The +commissioner appointed groups of local men to give a collective +verdict upon oath for each trial he conducted. A person could +spend months trying to catch up with the Royal Court to present a +case. + +William allowed, on an ad hoc basis, certain high-level people +such as bishops and abbots and those who made a large payment, +to have land disputes decided by an inquiry of recognitors. + +A dispute between a Norman and an English man over land or a +criminal act could be decided by trial by battle. Each combatant +first swore to the truth of his cause and undertook to prove by +his body the truth of his cause by making the other surrender by +crying "craven" [craving forgiveness]. The combatants used +weapons like pick-axes and shields. Presumably the man in the +wrong would not fight as well because he was burdened with a +guilty conscience. Although this trial was thought to reflect +God's will, it favored the physically fit and adept person. + +London had its own traditions. All London citizens met at its +folkmoot, which was held three times a year to determine its +public officers, to raise matters of public concern, and to make +ordinances. It's criminal court had the power of outlawry as did +the shire courts. Trade, land, and other civil issues were dealt +with by the Hustings Court, which met every Monday in the +Guildhall. The city was divided into wards, each of which was +under the charge of an elected alderman [elder man]. (This was +not a popular election.) The aldermen had special knowledge of +the law and a duty to declare it at the Hustings Court. Each +alderman also conducted wardmoots in his ward and decided +criminal and civil issues between its residents. Within the +wards were the guilds of the city. + +William made the hundred responsible for paying a murder fine for +the murder of any of his men, if the murderer was not +apprehended by his lord within a few days. The reaction to this +was that the murderer mutilated the corpse to make identification +of nationality impossible. So William ordered +that every murder victim was assumed to be Norman unless proven +English. This began a court custom in murder cases of first +proving the victim to be English. + +The Royal Court decided this case: "At length both parties were +summoned before the King's court, in which there sat many of the +nobles of the land of whom Geoffrey, bishop of Coutances, was +delegated by the King's authority as judge of the dispute, with +Ranulf the Vicomte, Neel, son of Neel, Robert de Usepont, and +many other capable judges who diligently and fully examined the +origin of the dispute, and delivered judgment that the mill +ought to belong to St. Michael and his monks forever. The most +victorious King William approved and confirmed this decision." + + + + + +Chapter 5 + +The Times: 1100-1154 + +King Henry I, son of William of Normandy, furthered peace between +the Normans and native English by his marriage to a niece of +King Edward the Confessor called Matilda. She married him on +condition that he grant a charter of rights undoing some +practices of the past reigns of William I and William II. Peace +was also furthered by the fact that Henry I had been born in +England and English was his native tongue. Private wars were now +replaced by mock battles. + +Henry was a shrewd judge of character and of the course of +events, cautious before taking action, but decisive in carrying +out his plans. He was faithful and generous to his friends. He +showed a strong practical element of calculation and foresight. +He was intelligent and a good administrator. He had an efficient +intelligence gathering network and an uncanny knack of detecting +hidden plans before they became conspiratorial action. He made +many able men of inferior social position nobles, thus creating +a class of career judges and administrators in opposition to the +extant hereditary aristocracy. He loved books and built a palace +at Oxford to which he invited scholars for lively discussion. + +Queen Matilda served as regent in Henry's absence. She was +literate and a literary patron. Her compassion was great and her +charities extensive. She founded a care-giving hospital and had +new roads and bridges built. + +Henry issued charters restoring customs which had been +subordinated to royal impositions by previous Kings, which set a +precedent for later Kings. His coronation charter describes +certain property rights he restored after the oppressive reign +of his brother. + +"Henry, King of the English, to Samson the bishop, and Urse of +Abbetot, and to all his barons and faithful vassals, both French +and English, in Worcestershire, greeting. + +[1.] Know that by the mercy of God and by the common counsel of +the barons of the whole kingdom of England I have been crowned +king of this realm. And because the kingdom has been oppressed +by unjust exactions, I now, being moved by reverence towards God +and by the love I bear you all, make free the Church of God; so +that I will neither sell nor lease its property; nor on the death +of an archbishop or a bishop or an abbot will I take anything +from the demesne of the Church or from its vassals during the +period which elapses before a successor is installed. I abolish +all the evil customs by which the kingdom of England has been +unjustly oppressed. Some of those evil customs are here set +forth. + +[2.] If any of my barons or of my earls or of any other of my +tenants shall die his heir shall not redeem his land as he was +wont to do in the time of my brother [William II (Rufus)], but +he shall henceforth redeem it by means of a just and lawful +'relief`. Similarly the men of my barons shall redeem their +lands from their lords by means of a just and lawful 'relief`. + +[3.] If any of my barons or of my tenants shall wish to give in +marriage his daughter or his sister or his niece or his cousin, +he shall consult me about the matter; but I will neither seek +payment for my consent, nor will I refuse my permission, unless +he wishes to give her in marriage to one of my enemies. And if, +on the death of one of my barons or of one of my tenants, a +daughter should be his heir, I will dispose of her in marriage +and of her lands according to the counsel given me by my barons. +And if the wife of one of my tenants shall survive her husband +and be without children, she shall have her dower and her +marriage portion [that given to her by her father], and I will +not give her in marriage unless she herself consents. + +[4.] If a widow survives with children under age, she shall have +her dower and her marriage portion, so long as she keeps her +body chaste; and I will not give her in marriage except with her +consent. And the guardian of the land, and of the children, +shall be either the widow or another of their relations, as may +seem more proper. And I order that my barons shall act likewise +towards the sons and daughters and widows of their men. + +[5.] I utterly forbid that the common mintage [a forced levy to +prevent loss to the King from depreciation of the coinage], +which has been taken from the towns and shires, shall henceforth +be levied, since it was not so levied in the time of King Edward +[the Confessor, before the Norman conquest]. If any moneyer or +other person be taken with false money in his possession, let +true justice be visited upon him. + +[6.] I forgive all pleas and all debts which were owing to my +brother [William II], except my own proper dues, and except +those things which were agreed to belong to the inheritance of +others, or to concern the property which justly belonged to +others. And if anyone had promised anything for his heritage, I +remit it, and I also remit all 'reliefs` which were promised for +direct inheritance. + +[7.] If any of my barons or of my men, being ill, shall give away +or bequeath his movable property, I will allow that it shall be +bestowed according to this desires. But if, prevented either by +violence or through sickness, he shall die intestate as far as +concerns his movable property, his widow or his children, or his +relatives or one his true men shall make such division for the +sake of his soul, as may seem best to them. + +[8.] If any of my barons or of my men shall incur a forfeit, he +shall not be compelled to pledge his movable property to an +unlimited amount, as was done in the time of my father [William +I] and my brother; but he shall only make payment according to +the extent of his legal forfeiture, as was done before the time +of my father and in the time of my earlier predecessors. +Nevertheless, if he be convicted of breach of faith or of crime, +he shall suffer such penalty as is just. + +[9.] I remit all murder-fines which were incurred before the day +on which I was crowned King; and such murder-fines as shall now +be incurred shall be paid justly according to the law of King +Edward [by sureties]. + +[10.] By the common counsel of my barons I have retained the +forests in my own hands as my father did before me. + +[11.] The knights, who in return for their estates perform +military service equipped with a hauberk [long coat] of mail, +shall hold their demesne lands quit of all gelds [money +payments] and all work; I make this concession as my own free +gift in order that, being thus relieved of so great a burden, +they may furnish themselves so well with horses and arms that +they may be properly equipped to discharge my service and to +defend my kingdom. + +[12.] I establish a firm peace in all my kingdom, and I order +that this peace shall henceforth be kept. + +[13.] I restore to you the law of King Edward together with such +emendations to it as my father [William I] made with the counsel +of his barons. + +[14.] If since the death of my brother, King William [II], anyone +shall have seized any of my property, or the property of any +other man, let him speedily return the whole of it. If he does +this no penalty will be exacted, but if he retains any part of +it he shall, when discovered, pay a heavy penalty to me. + + Witness: Maurice, bishop of London; William, bishop-elect of +Winchester; Gerard, bishop of Herefore; Henry the earl; Simon the +earl; Walter Giffard; Robert of Montfort-sur-Risle; Roger Bigot; +Eudo the steward; Robert, son of Haimo; and Robert Malet. + + At London when I was crowned. Farewell." + +Henry took these promises seriously, which resulted in peace and +justice. Royal justice became a force to be reckoned with by the +multiplication of justices. Henry had a great respect for +legality and the forms of judicial action. He became known as +the "Lion of Justice". + +The center of government was a collection of tenants-in-chief +whose feudal duty included attendance when summoned and certain +selected household servants of the King. When it met for +financial purposes, Henry called it the Exchequer and it became +a separate body. It received yearly from the sheriffs of the +counties taxes, fines, treasure trove, goods from wrecks, +deodands, and movable property of felons, of persons executed, +of fugitives, and of outlaws due to the Crown. The payments in +kind, such as grain or manual services, from the royal demesnes +had been turned into money payments. This income from royal +estates was also received by the Exchequer and then commingled +with the other funds. Each payment was indicated by notches on a +stick, which was then split so that the payer and the receiver +each had a half showing the notches. The Chancellor managed the +domestic matters of the Crown's castles and lands. Henry brought +sheriffs under his strict control, free from influence by the +barons. + +A woman could inherit a fief if she married. The primary way for +a man to acquire land was to marry an heiress. If a man were in +a lower station than she was, he had to pay for his new social +status as well as have royal permission. A man could also be +awarded land which had escheated to the King. If a noble woman +wanted to hold land in her own right, she had to make a payment +to the King. Many widows bought their freedom from guardianship +or remarriage from the King. Women whose husbands were at war +also ran the land of their husbands. + +Barons were lords of large holdings of farmland called "manors". +Many of the lesser barons left their dark castles to live in +semi-fortified stone houses, which usually were of two rooms +with rug hangings for drafts, as well as the sparse furniture +that had been common to the castle. There were shuttered windows +to allow in light, but which also let in the wind and rain when +open. The roof was of thatch or narrow overlapping wood +shingles. The floor was strewn with hay and there was a hearth +near the center of the floor, with a louvered smoke hole in the +timber roof for escape of smoke. There were barns for grain and +animals. Beyond this area was a garden, orchard, and sometimes a +vineyard. The area was circumscribed by a moat over which there +was a drawbridge to a gatehouse. + +The smaller room was the lord and lady's bedroom. It had a +canopied bed, chests for clothing, and wood frames on which +clothes could be hung. Life on the manor revolved around the +larger room, or hall, where the public life of the household was +passed. There, meals were served. The daily diet typically +consisted of milk, soup, porridge, fish, vegetables, and bread. +Open hospitality accompanied this communal living. There was +little privacy. Manor household villeins carried the lord's +sheaves of grain to the manor barn, shore his sheep, malted his +grain, and chopped wood for his fire. At night some slept on the +floor of the hall and others, cottars and bordars, had there +own dwellings nearby. + +Games with dice were sometimes played. In winter, youths +ice-skated with bones fastened to their shoes. They propelled +themselves by striking the ice with staves shod with iron. On +summer holydays, they exercised in leaping, shooting with the +bow, wrestling, throwing stones, and darting a thrown spear. The +maidens danced with timbrels. Since at least 1133, children's +toys included dolls, drums, hobby horses, pop guns, trumpets, +and kites. + +The cold, indoors as well as outdoors, necessitated that people +wear ample and warm garments. Men and women of position dressed +in long full cloaks reaching to their feet, sometimes having +short full sleeves. The cloak generally had a hood and was +fastened at the neck with a brooch. Underneath the cloak was a +simple gown with sleeves tight at the wrist but full at the +arm-hole, as if cut from the same piece of cloth. A girdle or +belt was worn at the waist. When the men were hunting or +working, they wore gown and cloak of knee length. Humble folk +also wore knee-length garments, with a band about the waist. + +There was woodland, common pasture land, arable land, meadow +land, and wasteland on the manor. The arable land was allotted +to the villeins in strips to equalize the best and worst land +and their distance from the village where the villeins lived. +There was three-way rotation of wheat or rye, oats or barley, and +fallow land. Cows, pigs, sheep, and fowl were kept. The meadow +was allocated for hay for the lord's household and each +villein's. The villeins held land of their lord for various +services such as agricultural labor or raising domestic animals. +The villeins, who worked the farm land as their ancestor ceorls +had, now were so bound to the land that they could not leave or +marry or sell an ox without their lord's consent. If the manor +was sold, the villein was sold as a part of the manor. The +villeins worked about half of their time on their lord's fields +[his demesne land], which was about a third of the farmland. This +work was primarily to gather the harvest and to plough with +oxen, using a yoke over their shoulders, and to sow in autumn +and Lent. They threshed grain on barn floors with flails cut +from holly or thorn, and removed the kernels from the shafts by +hand. Work lasted from sunrise to sunset and included women and +children. Life expectancy was probably below thirty-five. + +The villeins of a manor elected a reeve to communicate their +interests to their lord, usually through a bailiff, who directed +the labor. Sometimes there was a steward in charge of several of +a lord's manors, who also held the manorial court for the lord. +The steward held his land of the lord by serjeanty, which was a +specific service to the lord. Other serjeanty services were +helping in the lord's hunting expeditions and looking after his +hounds. The Woodward preserved the timber. The Messer supervised +the harvesting. The Hayward removed any fences from the fields +after harvest to allow grazing by cattle and sheep. The Coward, +Bullard, and Calvert tended the cows, bulls, and calves; the +Shepherd, the sheep; and the Swineherds the pigs. The Ponder +impounded stray stock. + +The majority of manors were co-extensive with a single village. +The villeins lived in the village in one-room huts enclosed by a +wood fence, hedge, or stone wall. In this yard was a garden of +onions, leeks, mustard, peas, beans, parsley, garlic, herbs, and +cabbage and apple, pear, cherry, quince, and plum trees, and +bee-hives. The hut had a high-pitched roof thatched with reeds or +straw and low eaves reaching almost to the ground. The walls are +built of wood-framing overlaid with mud or plaster. Narrow slits +in the walls serve as windows, which have shutters and are +sometimes covered with coarse cloth. The floor is dirt and may +be covered with straw or rushes for warmth, but usually no +hearth. At one end of the hut was the family living area, where +the family ate on a collapsible trestle table with stools or +benches and used drinking horns and wooden bowls and spoons, +along with jars and other earthenware. Their usual food was beans +and peas, and some bacon, butter, cheese, and vegetables, rough +bread made from a mixture of wheat, barley, and rye flour, +honey, and herrings or other salt fish. They drank water, milk, +buttermilk, apple cider, mead, ale made from barley malt, and +bean and vegetable broth. Cooking was done over a fire with iron +tripod, pots, and kettle. Most of the food was boiled. They slept +on straw mattresses or sacks on the floor or on benches. The +villein regarded his bed area as the safest place in the house, +as did people of all ranks, and kept his treasures there, which +included his farm implements, as well as hens on the beams, +roaming pigs, and perhaps stalled oxen. Around the room are a +couple of chests to store salt, meal, flour, a broom made of +birch trigs, some woven baskets, the distaff and spindle for +spinning, and a simple loom for weaving. All clothes were +homemade. They were often coarse, greasy wool and leather made +from their own animals. The man wore a tunic of coarse linen +embroidered on the sleeves and breast, around with he wore a +girdle of rope, leather, or folded cloth. Sometimes he also wore +breeches reaching below the knee. The woman wore a loose +short-sleeved gown, under which was a tight fitting garment with +long loose sleeves. If they wore shoes, they were clumsy and +patched. Some wore a hood-like cap. At the other end of the hut +were the horses, cattle, pigs, and poultry. In the middle is a +wood fire burning on a hearthstone. The smoke rises through a +hole in the roof. + +The villein and his wife and children worked from daybreak to +dusk in the fields, except for Sundays and holydays. He had +certain land to farm for his own family, but had to have his +grain milled at his lord's mill at the lord's price. He had to +retrieve his wandering cattle from his lord's pound at the lord's +price. He was expected to give a certain portion of his own +produce, whether grain or livestock, to his lord. However, if he +fell short, he was not put off his land. When his daughter or +son married, he had to pay a "merchet" to his lord. He could not +have a son educated without the lord's permission, and this +usually involved a fee to the lord. His best beast at his death, +or "heriot", went to his lord. If he wanted permission to live +outside the manor, he paid "chevage" yearly. Woodpenny was a +yearly payment for gathering dead wood. Sometimes a "tallage" +payment was taken at the lord's will. The villein's oldest son +usually took his place on his land and followed the same customs +with respect to the lord. For an heir to take his dead +ancestor's land, the lord demanded payment of a "relief", which +was usually the amount of a year's income but sometimes as much +as the heir was willing to pay to have the land. The usual aids +were also expected to be paid. + +A large village also had a smith, a wheelwright, a millwright, a +tiler and thatcher, a shoemaker and tanner, a carpenter +wainwright and carter. + +Markets were about twenty miles apart because a farmer from the +outlying area could then carry his produce to the nearest town +and walk back again in the daylight hours of one day. In this +local market he could buy foodstuffs, livestock, household +goods, fuels, skins, and certain varieties of cloth. + +The cloth was crafted by local weavers, dyers, and fullers, who +made the cloth full and dense by washing, soaping, beating, and +agitating it. Then its surface could be raised with teazle-heads +and cropped or sheared to make a nap. Some cloth was sold to +tailors to make into clothes. Butchers bought, slaughtered, and +cut up animals to sell as meat. Some was sold to cooks, who sold +prepared foods. The hide was bought by the tanner to make into +leather. The leather was sold to shoemakers and glovemakers. +Millers bought harvested grain to make into flour. Flour was +sold to bakers to make into breads. Wood was bought by +carpenters and by coopers, who made barrels, buckets, tubs, and +pails. Tilers, oil-makers and rope-makers also bought raw +material to make into finished goods for sale. Wheelwrights made +ploughs, harrows, carts, and later waggons. Smiths and +locksmiths worked over their hot fires. + +The nation grew with the increase of population, the development +of towns, and the growing mechanization of craft industries. +There were watermills for crafts in all parts of the nation. +There were also some iron furnaces. + +Stone bridges over rivers could accommodate one person traveling +by foot or by horseback and were steep and narrow. + +Merchants, who had come from the low end of the knightly class or +high end of the villein class, settled around the open market +areas, where main roads joined. They had plots narrow in +frontage along the road and deep. Their shops faced the road, +with living space behind or above their stores. Town buildings +were typically part stone and part timber as a compromise between +fire precautions and expense. + +Towns, as distinct from villages, had permanent markets. As towns +grew, they paid a fee to obtain a charter for self-government +from the King giving the town judicial and commercial freedom. +These various rights were typically expanded in future times. +Such a town was called a "borough" and its citizens or +landholding freemen "burgesses". They were literate enough to do +accounts. Selling wholesale could take place only in a borough. +The King assessed a tallage [ad hoc tax] usually at ten per cent +of property or income. Henry standardized the yard as the length +of his own arm. + +London had at least twenty wards, each governed by its own +alderman. Most of them were named after people. London was ruled +by sixteen families linked by business and marriage ties. These +businesses supplied luxury goods to the rich and included the +goldsmiths [sold cups, dishes, girdles, mirrors, purses knives, +and metal wine containers with handle and spout], vintners [wine +merchants], mercers [sold textiles, haberdashery, combs, +mirrors, knives, toys, spices, ointments, and drugs], drapers, +and pepperers, which later merged with the spicerers to become +the "grocers". These businesses had in common four fears: royal +interference, foreign competition, displacement by new crafts, +and violence by the poor and escaped villeins who found their +way to the city. + +London in Middlesex county received this charter for +self-government and freedom from the financial and judicial +organization of the shire: + +"Henry, by the grace of God, King of England, to the Archbishop +of Canterbury and the bishops, abbots, earls, barons, +justiciars, sheriffs and all his loyal subjects, both French and +English, throughout the whole of England - greeting. + +1. Be it known to you that I have granted Middlesex to my +citizens of London to be held on lease by them and their heirs +of me and my heirs for 300 pounds paid by tale [yearly], upon +these terms: that the citizens themselves [may] appoint a +sheriff, such as they desire, from among themselves, and a +justiciar, such as they desire, from among themselves, to +safeguard the pleas of my Crown [criminal cases] and to conduct +such pleas. And there shall be no other justiciar over the men +of London. + +2. And the citizens shall not take part in any [civil] case +whatsoever outside the City walls. + + 1) And they shall be exempt from the payment of scot and +danegeld and the murder fine. + + 2) And none of them shall take part in trial by combat. + + 3) And if any of the citizens has become involved in a plea +of the Crown, he shall clear himself, as a citizen of London, by +an oath which has been decreed in the city. + + 4) And no one shall be billeted [lodged in a person's house +by order of the King] within the walls of the city nor shall +hospitality be forcibly exacted for anyone belonging to my +household or to any other. + + 5) And all the citizens of London and all their effects +[goods] shall be exempt and free, both throughout England and in +the seaports, from toll and fees for transit and market fees and +all other dues. + + 6) And the churches and barons and citizens shall have and +hold in peace and security their rights of jurisdiction [in +civil and criminal matters] along with all their dues, in such a +way that lessees who occupy property in districts under private +jurisdiction shall pay dues to no one except the man to whom the +jurisdiction belongs, or to the official whom he has placed +there. + + 7) And a citizen of London shall not be amerced [fined by a +court when the penalty for an offense is not designated by +statute] to forfeiture of a sum greater than his wergeld, +[hereby assessed as] 100 shillings, in a case involving money. + + 8) And further there shall be no miskenning [false plea +causing a person to be summoned to court] in a husting or in a +folkmoot [meeting of the community], or in any other court +within the City. + + 9) And the Hustings [court] shall sit once a week on Monday. + + 10) And I assure to my citizens their lands and the property +mortgaged to them and the debts due to them both within the City +and without. + + 11) And with regard to lands about which they have plead in +suit before me, I shall maintain justice on their behalf, +according to the law of the City. + + 12) And if anyone has exacted toll or tax from citizens of +London, the citizens of London within the city shall [have the +right to] seize [by process of law] from the town or village +where the toll or tax was exacted a sum equivalent to that which +the citizen of London gave as toll and hence sustained as loss. + + 13) And all those who owe debts to citizens shall pay them or +shall clear themselves in London from the charge of being in +debt to them. + + 14) But if they have refused to pay or to come to clear +themselves, then the citizens to whom they are in debt shall +[have the right to] seize [by process of law] their goods +[including those in the hands of a third party, and bring them] +into the city from the [town, village or] county in which the +debtor lives [as pledges to compel appearance in court]. + + 15) And the citizens shall enjoy as good and full hunting +rights as their ancestors ever did, namely, in the Chilterns, in +Middlesex, and in Surrey. + +Witnessed at Westminster." + +The above right not to take part in any case outside the city +relieved London citizens from the burden of traveling to +wherever the King's court happened to be, the disadvantage of +not knowing local customs, and the difficulty of speaking in the +language of the King's court rather than in English. The right +of redress for tolls exacted was new because the state of the law +was that the property of the inhabitants was liable to the King +or superior lord for the common debt. + +Craft guilds grew up in the towns, such as the tanners at Oxford, +which later merged with the shoemakers into a cordwainers' +guild. There were weavers' guilds in several towns given royal +sanction. They paid an annual tribute and were given a monopoly +of weaving cloth within a radius of several miles. Guild rules +covered attendance of the members at church services, the +promotion of pilgrimages, celebration of masses for the dead, +common meals, relief of poor brethren and sisters, the hours of +labor, the process of manufacture, the wages of workmen, and +technical education. + +Newcastle-on-Tyne was recognized by the King as having certain +customs, so the following was not called a grant: + +"These are the laws and customs which the burgesses of Newcastle +upon Tyne had in the time of Henry King of England and ought to +have. + +[1] Burgesses can distrain [take property of another until the +other performs his obligation] upon foreigners within, or +without their own market, within or without their own houses, +and within or without their own borough without the leave of the +reeve, unless the county court is being held in the borough, and +unless [the foreigners are] on military service or guarding the +castle. + +[2] A burgess cannot distrain upon a burgess without the leave of +the reeve. + +[3] If a burgess have lent anything of his to a foreigner, let +the debtor restore it in the borough if he admits the debt, if +he denies it, let him justify himself in the borough. + +[4] Pleas which arise in the borough shall be held and concluded +there, except pleas of the Crown. + +[5] If any burgess be appealed [sued] of any plaint, he shall not +plead without the borough, unless for default of [the borough] +court. + +[6] Nor ought he to answer without day and term, unless he have +fallen into 'miskenning'[error in pleading], except in matters +which pertain to the Crown. + +[7] If a ship have put in at Tynemouth and wishes to depart, the +burgesses may buy what they will [from it]. + +[8] If a plea arise between a burgess and a merchant, it shall be +concluded before the third ebb of the tide. + +[9] Whatever merchandise a ship has brought by sea must be +landed, except salt; and herring ought to be sold in the ship. + +[10] If any man have held land in burgage for a year and a day, +lawfully and without claim, he shall not answer a claimant, +unless the claimant have been without the realm of England, or a +child not of age to plead. + +[11] If a burgess have a son, he shall be included in his +father's freedom if he be with his father. + +[12] If a villein come to dwell in the borough, and dwell there a +year and a day as a burgess, he shall abide altogether, unless +notice has been given by him or by his master that he is +dwelling for a term. + +[13] If any man appeal [sue] a burgess of any thing, he cannot do +battle with the burgess, but the burgess shall defend himself by +his law, unless it be of treason, whereof he is bound to defend +himself by battle. + +[14] Neither can a burgess do battle against a foreigner, unless +he first go out of the borough. + +[15] No merchant, unless he be a burgess, may buy [outside] the +town either wool or leather or other merchandise, nor within the +borough except [from] burgesses. + +[16] If a burgess incur forfeit, he shall give six ounces [10s.] +to the reeve. + +[17] In the borough there is no merchet [payment for marrying off +a daughter] nor heriot nor bloodwite [fine for drawing blood] +nor stengesdint [fine for striking with a stick]. + +[18] Every burgess may have his own oven and hand-mill if he +will, saving the right of the King's oven. + +[19] If a woman be in forfeit for bread or beer, no one ought to +interfere but the reeve. If she forfeit twice, she shall be +chastised by her forfeit. If three times, let justice be done on +her. + +[20] No one but a burgess may buy webs [woven fabrics just taken +off the loom] to dye, nor make nor cut them. + +[21] A burgess may give and sell his land and go whither he will +freely and quietly unless there be a claim against him." + +In the boroughs, merchant and manufacturing guilds controlled +prices and assured quality. The head officer of the guild +usually controlled the borough, which excluded rival merchant +guilds. A man might belong to more than one guild, e.g. one for +his trade and another for religion. + +Trades and crafts, each of which had to be licensed, grouped +together by specialty in the town. Cloth-makers, dyers, tanners, +and fullers were near an accessible supply of running water, +upon which their trade depended. Streets were often named by the +trade located there, such as Butcher Row, Pot Row, Cordwainer +Row, Ironmonger Row, Wheeler Row, and Fish Row. Hirers of labor +and sellers of wheat, hay, livestock, dairy products, apples and +wine, meat, poultry, fish and pies, timber and cloth all had a +distinct location. Some young men were apprenticed to craftsmen +to assist them and learn their craft. + +The nation produced sufficient iron, but a primitive steel [iron +with carbon added] was imported. Steel was used for tools, +instruments, weapons and armor. Ships could carry about 300 +people. + +Plays about miracles wrought by holy men or the sufferings and +fortitude of martyrs were performed. Most nobles could read, +though writing was still a specialized craft. There were books +on animals, plants, and stones. The lives of the saints as told +in the book "The Golden Legend" were popular. The story of the +early King Arthur was told in the book "The History of the Kings +of England". The story at this time stressed Arthur as a hero +and went as follows: Arthur became King at age 15. He had an +inborn goodness and generosity as well as courage. He and his +knights won battles against foreign settlers and neighboring +clans. Once, he and his men surrounded a camp of foreigners until +they gave up their gold and silver rather than starve. Arthur +married Guenevere and established a court and retinue. Leaving +Britain in the charge of his nephew Modred, he fought battles on +the continent for land to give to his noblemen who did him +service in his household and fought with him. When Arthur +returned to Britain, he made battle with his nephew Modred who +had crowned himself King. Arthur's knight Gawain, the son of his +sister, and the enemy Modred were killed and Arthur was severely +wounded. Arthur told his kinsman Constantine to rule Britain as +King in his place. + +The intellectual world included art, secular literature, law, and +medicine. There were about 90 physicians. + +Forests were still retained by Kings for their hunting of boars +and stags. The bounds of the Forest were enlarged. They +comprised almost one-third of the kingdom. + +Barons and their tenants and sub-tenants were offered an +alternative of paying shield money ["scutage"] of 26s.8d. per +fee in commutation for and instead of military service for their +fiefs. This enabled Henry to hire soldiers who would be more +directly under his own control and to organize a more efficient +army. + +A substantial number of barons and monasteries were heavily in +debt to the Jews. The King taxed the Jews at will. + +During rivalry for the throne after Henry I's reign, the bishops +gained some independence from the Crown and strengthened their +ties with the Pope. + + +The Law + +Henry restored the death penalty for thievery and robbery, but +maintained William I's punishment of the mutilation of blinding +and severing of limbs for other offenses. + +The forest law stated that: "he that doth hunt a wild beast and +doth make him pant, shall pay 10 shillings: If he be a free man, +then he shall pay double. If he be a bound man, he shall lose +his skin." A "verderer" was responsible for enforcing this law, +which also stated that: "If anyone does offer force to a +Verderer, if he be a freeman, he shall lose his freedom, and all +that he hath. And if he be a villein, he shall lose his right +hand." Further, "If such an offender does offend so again, he +shall lose his life." + +A wife's dower is one-third of all her husband's freehold land, +unless his endowment of her at their marriage was less than +one-third. + +Counterfeiting law required that "If any one be caught carrying +false coin, the reeve shall give the bad money to the King +however much there is, and it shall be charged in the render of +his farm [payment] as good, and the body of the offender shall +be handed over to the King for judgment, and the serjeants who +took him shall have his clothes." + +Debts to townsmen were recoverable by this law: "If a burgess has +a gage [a valuable object held as security for carrying out an +agreement] for money lent and holds this for a whole year and a +day, and the debtor will not deny the debt or deliver the gage, +and this is proved, the burgess may sell the gage before good +witnesses for as much as he can, and deduct his money from the +sum. If any money is over he shall return it to the debtor. But +if there is not enough to pay him, he shall take distress again +for the amount that is lacking." + +Past due rent in a borough was punishable by payment of 10s. as +fine." + +There are legal maxims which are becoming so well established and +known that there will never be a need to write them down as +statutes. As delineated by St. Germain in "Doctor and Student" +in 1518, they are: + +1. If a man steals goods to the value of 12d., or above, it is +felony, and he shall die for it. If it is under the value of +12d., then it is but petit larceny, and he shall not die for it, +but shall be punished at the discretion of the judges. This not +apply to goods taken from the person, which is robbery, a felony +punishable by death. + +2. If an exigent, in case of felony, is awarded against a man, he +has thereby forthwith forfeited his goods to the King. + +3. If the son is attainted [convicted of treason or felony with +the death penalty and forfeiture of all lands and goods] in the +life of the father, and after he purchases his charter of pardon +of the King, and after the father dies; in this case the land +shall escheat to the lord of the fee, insomuch that though he +has a younger brother, yet the land shall not descend to him: for +by the attainder of the elder brother the blood is corrupt, and +the father-in-law died without heir. + +4. A man declared outlaw forfeits his profits from land and his +goods to the King. + +5. He who is arraigned upon an indictment of felony shall be +admitted, in favor of life, to challenge the number of inquirers +for three whole inquests peremptorily. With cause, he may +challenge as many as he has cause to challenge. Such peremptory +challenge shall not be admitted in a private suit because it is +a suit of the party. + +6. An accessory shall not be put to answer before the principal. + +7. If a man commands another to commit a trespass, and he does +it, the one who made the command is a trespasser. + +8. The land of every man is in the law enclosed from other, +though it lies in the open field and a trespasser in it may be +brought to court. + +9. Every man is bound to make recompense for such hurt as his +beasts do in the growing grain or grass of his neighbor, though +he didn't know that they were there. + +10. He who has possession of land, though it is by disseisin, has +right against all men but against him who has right. + +11. The rents, commons of pasture, of turbary [digging turf], +reversions, remainders, nor such other things which lie not in +manual occupation, may not be given or granted to another +without writing. + +12. If a villein purchase lands, and the lord enter, he shall +enjoy the land as his own. But if the villein alienates before +the lord enters, he alienation is good. And the same law is of +goods. + +13. Escuage [shield service for 40 days] uncertain makes knight's +service. Escuage certain makes socage. + +14. He who holds by castle-guard, holds by knight's service, but +he does not hold by escuage. He that holds by 20s. to the guard +of a castle holds by socage. + +15. A descent takes away an entry. + +16. No prescription [assertion of a right or title to the +enjoyment of a thing, on the ground of having had the +uninterrupted and immemorial enjoyment of it] in lands makes a +right. + +17. A prescription of rent and profits out of land makes a right. + +18. The limitation of a prescription generally taken is from the +time that no man's mind runs to the contrary. + +19. Assigns may be made upon lands given in fee, for term of +life, or for term of years, though no mention be made of +assigns; and the same law is of a rent that is granted; but +otherwise it is of a warranty, and of a covenant. + +20. He who recovers debt or damages in the King's court when the +person charged is not in custody, may within a year after the +judgment take the body of the defendant, and commit him to +prison until he has paid the debt and damages. + +21. If a release or confirmation is made to him who, at the time +of the release made, had nothing in the land, the release or +confirmation is void, except in certain cases, such as to vouch. + +22. A condition to avoid a freehold cannot be pleaded without a +deed; but to avoid a gift of chattel, it may be pleaded without +deed. + +23. A release or confirmation made by him, that at the time of +the release or confirmation made had no right, is void in law, +though a right comes to him after; except if it is with +warranty, and then it shall bar him to all right that he shall +have after the warranty is made. + +24. If land and rent that is going out of the same land, comes +into one man's hand of like estate, and like surety of title, +the rent is extinct. + +25. If land descends to him who has right to the same land +before, he shall be remitted to his better title, if he will. + +26. If two titles are concurrent together, the oldest title shall +be preferred. + +27. If a real action be sued against any man who has nothing in +the thing demanded, the writ shall abate at the common law. + +28. If the demandant or plaintiff, hanging his writ, will enter +into the thing demanded, his writ shall abate. + +29. By the alienation of the tenant, hanging the writ, or his +entry into religion, or if he is made a knight, or she is a +woman, and takes a husband hanging the writ, the writ shall not +abate. + +30. A right or title of action that only depends in action, +cannot be given or granted to none other but only to the tenant +of the ground, or to him who has the reversion or remainder of +the same land. + +31. In an action of debt upon an agreement, the defendant may +wage his law: but otherwise it is upon a lease of lands for term +of years, or at will. + +32. The King may disseise no man and no man may disseise the +King, nor pull any reversion or remainder out of him. + +33. The King's excellency is so high in the law, that no freehold +may be given to the King, nor be derived from him, but by matter +of record. + +34. If an abbot or prior, an abbot's chief assistant, alienate +the lands of his house, and dies, though his successor has right +to the lands, yet he may not enter, but he must take legal +action. + +35. If an abbot buys a thing that comes to the use of the house, +and dies, then his successor shall be charged. + +Judicial activity encouraged the recording of royal legislation +in writing which both looked to the past and attempted to set +down law current in Henry's own day. The "Liberi Quadripartitus" +aimed to include all English law of the time. This showed an +awareness of the ideal of written law as a statement of judicial +principles as well as of the practice of kingship. In this way, +concepts of Roman law used by the Normans found their way into +English law. + +Church law required that only consent between a man and woman was +necessary for marriage. There needn't be witnesses, ceremony, +nor consummation. Consent could not be coerced. Penalties in +marriage contracts were deemed invalid. Villeins and slaves +could marry without their lords' or owners' permission. A couple +living together could be deemed married. Relatives descended from +the same great great grandfather could not marry, nor could +relatives by marriage of the same degree of closeness. A legal +separation could be given for adultery, cruelty, or heresy. +Fathers were usually ordered to provide some sustenance and +support for their illegitimate children. The court punished +infanticide and abortion. + + +Judicial Procedure + +Courts extant now are the Royal Court, the King's Court of the +Exchequer, shire courts, and hundred courts, which were under +the control of the King. His appointed justices administered +justice in these courts on regular circuits. Also there are +manor courts, borough courts, and ecclesiastical courts. + +The King's Royal Court heard issues concerning the Crown and +breaches of the King's peace, which included almost all criminal +matters. The most serious offenses: murder, robbery, rape, +abduction, arson, treason, and breach of fealty, were now called +felonies. Other offenses were: housebreaking, ambush, certain +kinds of theft, premeditated assault, and harboring outlaws or +excommunicants. Henry personally presided over hearings of +important legal cases. He punished crime severely. Offenders +were brought to justice not only by the complaint of an +individual or local community action, but by official +prosecutors. A prosecutor was now at trials as well as a judge. +Trial is still by compurgation. + +These offenses against the King placed merely personal property +and sometimes land at the King's mercy. Thus the Crown increased +the range of offenses subject to its jurisdiction and arrogated +to itself profits from the penalties imposed. + +The Royal Court also heard these offenses against the King: +fighting in his dwelling, contempt of his writs or commands, +encompassing the death or injury of his servants, contempt or +slander of the King, and violation of his protection or his law. +It heard these offenses against royal authority: complaints of +default of justice or unjust judgment, pleas of shipwrecks, +coinage, treasure- trove [money buried when danger approached], +forest prerogatives, and control of castle building. + +Henry began the use of writs to intervene in civil matters. These +writs allowed people to come to the Royal Court on certain +issues. He had some locally based justices, called justiciars. +Also, he sent justices out on eyres [journeys],with wide +responsibilities, to hear and decide all manner of Crown pleas. +This brought royal authority into the localities and served to +check baronial power over the common people. He created the +office of chief justiciar, which carried out judicial and +administrative functions. + +The Royal Court also decided land disputes between barons. There +was a vigorous interventionism in the land law subsequent to +appeals to the King in landlord- tenant relations, brought by a +lord or by an undertenant. Assizes [those who sit together] of +local people who knew relevant facts were put together to assist +the court. + +Records of the verdicts of the Royal Court were sent with +traveling justices for use as precedent in shire and hundred +courts. + +The King's Court of the Exchequer reviewed the accounts of +sheriffs, including receipts and expenditures on the Crown's +behalf as well as sums due to the Treasury, located still at +Winchester. These sums included rent from royal estates, the +Danegeld land tax, the fines from local courts, and aid from +baronial estates. It was called the "Exchequer" because it used a +chequered cloth on the table to facilitate calculation in Roman +numerals of the amount due and the amount paid. It's records +were the "Pipe Rolls", so named because sheets of parchment were +fastened at the top, each of which dropped into a roll at the +bottom and so assumed the shape of a pipe. + +The shire and hundred courts assessed the personal property of +individuals and their taxes due to the King. The shire court +decided land disputes between people who had different barons as +their respective lords. + +The Crown used its superior coercive power to enforce the legal +decisions of other courts. + +The shire courts heard cases of theft, brawling, beating, and +wounding, for which the penalties could be exposure in the +pillory or stocks where the public could scorn and hit the +offender. It met twice yearly. If an accused failed to appear +after four successive shire courts, he was declared outlaw at the +fifth and forfeited his civil rights and all his property. He +could be slain by anyone at will. + +The hundred court heard neighborhood disputes, for instance +concerning pastures, meadows and harvests. It policed the duty +of frankpledge, which was required for those who did not have a +lord to answer for him. It met once a month. + +The free landholders were expected to attend shire, hundred, and +baronage courts. They owed "suit" to it. The suitors found the +dooms [laws] by which the presiding officer pronounced the +sentence. + +The barons held court on their manors for issues arising between +people living on the manor, such as bad ploughing on the lord's +land or letting a cow get loose on the lord's land, and land +disputes. They also made the decision of whether or not a person +was a villein or free. The manor court took over issues which +had once been heard in the vill or hundred court. The baron +charged a fee for hearing a case and received any fines he +imposed, which amounted to significant "profits of justice". + +Boroughs held court on trading and marketing issues in their +towns such as measures and weights, as well as issues between +people who lived in the borough. The borough court was presided +over by a reeve who was a burgess as well as a royal official. + +Wealthy men could employ professional pleaders to advise them and +to speak for them in a court. + +The ecclesiastical courts dealt with family matters such as +marriage, annulments, marriage portions, legitimacy, +wife-beating, child abuse, orphans, bigamy, adultery, incest, +fornication, personal possessions, slander, usury, mortuaries, +sanctuary, sacrilege, blasphemy, heresy, tithe payments, church +fees, certain offences on consecrated ground, and breaches of +promises under oath, e.g. to pay a debt, provide services, or +deliver goods. It decided inheritance and will issues which did +not concern land, but only personal property. This developed +from the practice of a priest usually hearing a dying person's +will as to the disposition of his goods and chattel when he made +his last confession. It provided guardianship of infants during +probate of their personal property. Trial was by compurgation. +An alleged offender could be required to answer questions under +oath, thus giving evidence against himself. The ecclesiastical +court's penalties were intended to reform and determined on a +case-by-case basis. They could include confession and public +repentance of the sin before the parish, making apologies and +reparation to persons affected, public embarrassment such as +being dunked in water (e.g. for women scolds), walking a route +barefoot and clad only in one's underwear, whippings, extra +work, fines, and imprisonment in a "penitentiary" to do penance. +The ultimate punishment was excommunication with social +ostracism. Then no one could give the person drink, food, or +shelter and the only people he could speak to were his spouse +and servants. Excommunication included denial of the sacraments +of baptism, penance, eucharist, and extreme unction at death; +which were necessary for salvation of the soul; and the +sacrament of confirmation. However, the person could still marry +and make a will. Excommunication was usually imposed for failure +to obey an order or showing contempt of the law or of the courts. +It required a due process hearing and a written reason. If this +measure failed, it was possible to turn the offender over to the +state for punishment, e.g. for blasphemy or heresy. Blasphemy +[speaking ill of God] was thought to cause God's wrath expressed +in famine, pestilence, and earthquake and was usually punished +by a fine or corporal punishment, e.g. perforation or amputation +of the tongue. It was tacitly understood that the punishment for +heresy was death by burning. The state usually assured itself +the sentence was just before imposing it. The court of the rural +dean was the ecclesiastical parallel of the hundred court of +secular jurisdiction and usually had the same land boundaries. + + + + +Chapter 6 + +The Times: 1154-1215 + +King Henry II and Queen Eleanor, who was twelve years older, were +both intelligent, educated, energetic, well-traveled, and +experienced in affairs of state. Henry was the first Norman King +to be fully literate. Eleanor often served as regent during +Henry's reign and the reigns of their two sons: Richard, the +Lion-Hearted, and John. Henry II was a modest, courteous, and +patient man with an astonishing memory and strong personality. +He was indifferent to rank and impatient of pomp to the point of +being careless about his appearance. He usually dressed in +riding clothes and was often unkempt. He was thrifty, but +generous to the poor. + +Henry revived and augmented the laws and institutions of his +grandfather, Henry I, and developed them to a new perfection. +Almost all legal and fiscal institutions appear in their first +effective form during his reign. For instance, he +institutionalized the assize for a specific function in judicial +proceedings, whereas before it had been an ad hoc body used for +various purposes. + +Henry's government practiced a strict economy and he never +exploited the growing wealth of the nation. He abhorred +bloodshed and the sacrifice of men's lives. So he strove +diligently to keep the peace, when possible by gifts of money, +but otherwise with armed force. Foreign merchants with precious +goods could journey safely through the land from fair to fair. +These fairs were usually held in the early fall, after +sheep-shearing and harvesting. Frankpledge was revived. No +stranger could stay overnight (except for one night in a +borough), unless sureties were given for his good behavior. A +list of such strangers was to be given to itinerant judges. + +Henry had character and the foresight to build up a centralized +system of government that would survive him. He learned about +the shires' and villages' varying laws and customs. Then, using +the model of Roman law, he gave to English institutions that +unity and system which in their casual patch-work development +had been lacking. Henry's government and courts forged permanent +direct links between the King and his subjects which cut through +the feudal structure of lords and vassals. + +He developed the methods and structure of government so that +there was a great increase in the scope of administrative +activity without a concurrent increase of personal power of the +officials who discharged it. The government was self- regulating, +with methods of accounting and control which meant that no +official, however exalted, could entirely escape the +surveillance of his colleagues and the King. At the same time, +administrative and judicial procedures were perfected so that +much which had previously required the King's personal attention +was reduced to routine. + +The royal household translated the royal will into action. In the +early 1100s, there had been very little machinery of central +government that was not closely associated with the royal +household. Royal government was largely built upon what had once +been purely domestic offices. Kings had called upon their +chaplains to pen letters for them. By Henry II's reign, the +Chancery was a highly efficient writing office through which the +King's will was expressed in a flow of writs, and the Chancellor +an important and highly rewarded official, but he was still +responsible for organizing the services in the royal chapel. +Similarly, the chamberlains ran the household's financial +departments. They arranged to have money brought in from a +convenient castle-treasury, collected money from sheriffs or the +King's debtors, arranged loans with the usurers, and supervised +the spending of it. It was spent for daily domestic needs, the +King's almsgiving, and the mounting of a military campaign. But +they were still responsible for personal attendance upon the +King in his privy chamber, taking care of his valuable furs, +jewels, and documents, and changing his bedlinens. There were +four other departments of the household. The steward presided +over the hall and kitchens and was responsible for supplying the +household and guests with food supplies. The butler had duties +in the hall and cellars and was responsible for the supply of +wine and ale. The marshall arranged lodgings for the King's +court as it moved about from palaces to hunting lodges, arranged +the pay of the household servants, and supervised the work of +ushers, watchmen, fire-tenders, messengers and huntsmen. The +constable organized the bodyguard and escorts, arranged for the +supply of castles, and mustered the royal army. + +Henry brought order and unity by making the King's Royal Court +the common court of the land. Its purpose was to guard the +King's peace by protecting all people of free status throughout +the nation and correct the disparity in punishments given by +local courts. Heretofore, the scope of the King's peace had +varied to as little as the King's presence, his land, and his +highway. The royal demesne had shrunk to about 5% of the land. +The Common Law for all the nation was established by example of +the King's Royal Court. + +A system of writs originated well-defined actions in the royal +courts. This system determined the Royal Court's jurisdiction as +against the church, lords, and sheriffs. It limited the +jurisdiction of all other courts and subordinated them to the +Royal Court. Inquests into any misdeeds of sheriffs were held, +which could result in their dismissal. + +Before Henry's reign, the church had become more powerful and +asserted more authority. Henry tried to return to the concept of +the King being appointed by God and as he head of the church as +well as of the state, as in Henry I's time. Toward this end, he +published the Constitutions of Clarendon. But the Archbishop of +Canterbury, Thomas Becket, refused to agree to them. The +disageement came to a head in Henry's attempt to establish the +principle of "one law to all" by having church clerics punished +by the civil courts as before, instead of having "benefit of +clergy" to be tried only in ecclesiastical courts, even for +secular crimes. Clerics composed about one-sixth the population. +The church courts had characteristically punished with a fine or +a penance, and at most defrocking, and never imposed a death +penalty, even for murder. When Archbishop Becket was murdered +and became a martyr, "benefit of clergy" became a standard right. +Appeals could be made to the Pope without the King's permission. +The King could take a criminal cleric's chattels, but not his +life. However, though theoretically the bishops were elective, +as a practical matter, the King appointed the bishops and the +abbots. + +Henry and Eleanor spoke many languages and liked discussing law, +philosophy, and history. So they gathered wise and learned man +about them, who became known as courtiers, rather than people of +social rank. They lived in the great and strong Tower of London, +which had been extended as had other castles, so that the whole +castle and grounds were defended instead of just the main +building. On the west were two strongly fortified castles +surrounded by a high and deeply entrenched wall, which had seven +double gates. Towers were spaced along the north wall and the +Thames River flowed below the south wall. To the west was the +city, where royal friends had residences with adjoining gardens +near the royal palace at Westminster. The court was a center of +culture as well as of government. The game of backgammon was +played. People wore belts with buckles, usually brass, instead +of knotting their belts. + +London extended about a mile along the river and about half a +mile inland. Most of its houses were two stories, the ground +floor having booths and workshops, and the upper floor living +space. Most of the houses were wooden structures. The richer +merchants' and knights' houses were built of stone. Walls between +houses had to be stone and thatched roofs were banned because +there had been many fires. So roofs were tiled with red-brick +tiles. There were over a hundred churches in the city, which +celebrated feast days, gave alms and hospitality to strangers, +confirmed betrothals, contracted marriages, celebrated weddings, +conducted funerals, and buried the dead. Fish and no meat was +eaten on Fridays and during lent. There was dark rye bread and +expensive white wheat bread. Vegetables included onions, leeks, +and cabbage. Fruits included apples, pears, plums, cherries, and +strawberries. Water was obtained from streams running through +the town to the river and from springs. There were craft guilds +of bakers, butchers, clothworkers, and saddlers, as well as of +weavers. Vendors, craftsmen, and laborers had their customary +places, which they took up every morning. Some vendors walked +the streets announcing their wares for sale. + +In London, bells heralded the start and finish of all organized +business. At sunset, the gates of the town were closed for the +night. Only the rich could afford wax candles; others had +home-made tallow or fat lights which smelled and gave off smoke. +Most people washed their bodies. Few babies survived childhood. +If a man reached 30, he could expect to live until age 50. The +sellers of merchandise and hirers of labor were distributed +every morning into their several localities according to their +trade. Outside one of the gates, a horse market was held every +week. They wore horseshoes made of iron or of a crude steel. In +other fields, countryfolk sold pigs, cows, oxen and sheep. London +Bridge was built of stone for the first time. It was supported by +a series of stone arches standing on small man-made islands. It +had such a width that a row of wood houses and a chapel was +built on top of it. In the spring it was impassable by ships +because the flow of water under it varied in height on either +side of the bridge by several feet at half tide. + +Men began weaving cloth, which formerly had been done by women. +Some of the cloth was exported. + +The weavers guild of London received a charter by the King in +1155, the first granted to any London craft: "Know that I have +conceded to the Weavers of London to hold their guild in London +with all the liberties and customs which they had in the time of +King Henry [I], my grandfather; and that none may intermeddle +with the craft within the city, nor in Southwark, nor in other +places pertaining to London except through them and except he be +in their guild, otherwise than was accustomed to be done in the +time of King Henry, my grandfather ...So that each year they +render thence to me two marks [26s.8d.] of gold at the feast of +St. Michael. And I forbid that any shall do injury or contumely +to them on this account under penalty of 10 pounds [200s.]. +Witness T[homas], Chancellor, and Warinus, son of Gerard, +Chamberlain, at Winchester." The liberties obtained were: 1) The +weavers may elect bailiffs to supervise the work of the craft, to +punish defaulters, and to collect the ferm [amount owed to the +King]. The bailiffs were chosen from year to year and swore +before the mayor of London to do and keep their office well and +truly. 2) The bailiffs may hold court from week to week on pleas +of debt, agreements, covenants, and minor trespasses. 3) If any +of the guild members are sued in any other court on any of the +above pleas, the guild may challenge that plea to bring it to +the guild court. 4) If any member is behind in his share of the +payment to the King, the bailiffs may distrain his loom until he +has paid this. + +Paying an annual payment freed the weavers from liability to +inconsequent royal fines. Failure to make this payment promptly +might have led to loss of the right, hence the rigorous penalty +of distraint upon the looms of individual weavers who fell into +arrears. + +The weavers' guild punished members who used bad thread in their +weaving or did defective weaving by showing the default to the +mayor, with opportunity for the workman to make entreaty, and +the mayor and twelve members of the guild then made a verdict of +amercement of 1/2 mark [6s. 8d.] and the workman of the cloth +was also punished by the guild bailiffs according to guild +custom. + +The weavers' guild tradition of brotherliness among members meant +that injury to a fellow weaver incurred a severe penalty. If a +weaver stole or eloigned [removed them to a distance where they +were unreachable] any other weaver's goods falsely and +maliciously, then he was dismissed from the guild and his loom +was taken by the guild to fulfill his portion of the annual +payment to the King. The weavers were allowed to buy and to sell +in London freely and quietly. They had all the rights of other +freemen of the city. + +Thus from the middle of the 1100s A.D., the weavers enjoyed the +monopoly of their craft, rights of supervision which ensured a +high standard of workmanship, power to punish infractions of +their privileges, and full control of their members. In this +they stand as the prototype of English medieval guilds. These +rights represented the standard which all bodies of craftsmen +desired to attain. The right of independent jurisdiction was +exceptional. + +On the north side of the city was a great forest with fields and +wells where students and other young men from the city took +walks in the fresh evening air. Vendors on the river bank sold +cooked fish caught from the river and wine from ships and wine +cellars. + +London's chief magistrate was the port-reeve, who was appointed +by the King, until 1191. Then the port-reeve was replaced by a +mayor, who was elected yearly by the city wards. Each ward was +headed by an alderman and there were city sheriffs and +councilors. The mayors were typically rich merchant princes. +There were three ways to become a citizen of London: being the +son of a citizen, apprenticeship in a craft for seven years, and +purchase of citizenship. London growth led to its replacing +Winchester as the capital. Over its history, it generally chose +or elected its own mayor every year. (This was not a popular +election.) But there were many periods when royal authority was +asserted over it. + +St. Barthomew hospital was established in London for the care of +sick pilgrims traveling to the shrine of Becket in Canterbury. + +Trading was facilitated by the stabilization of the amount of +silver metallic content of the English coinage, which was called +"sterling" [strong] silver. The compass assisted the navigation +of ships and London became a major trading center for foreign +goods from many lands. + +About 5% of the knights were literate. Wealthy men sent their +sons to school in monasteries to prepare them for a livelihood +in a profession or in trade or to the town of Oxford, whose +individual teachers had attracted disciples for a long time. +These schools grew up around St. Mary's Church, but had not been +started by the church as there was no cathedral school in +Oxford. Oxford had started as a burh and had a royal residence +and many tradesmen. It was given its basic charter in 1155 by +the King. This confirmed to it all the customs, laws and +liberties [rights] as those enjoyed by London. If became a model +charter for other towns. + +Bachelors at Oxford studied the arts of grammar, rhetoric, and +logic, and then music, arithmetic, geometry, and astronomy, +until they mastered their discipline and therefore were +authorized to teach it. Teaching would then provide an income +sufficient to support a wife. The master of arts was analogous to +the master craftsman of a guild. From 1190, the civil law was +studied, and shortly thereafter, canon law. Later came the study +of medicine. The use of paper supplemented the use of parchment +for writing. Irregular edged paper was made from linen, cotton, +straw, and/or wood beaten to a pulp and then spread out over a +wire mesh to dry. + +In this era, the English national race and character was formed. +Stories of good King Arthur were popular and set ideals for +behavior and justice in an otherwise barbaric age where force +was supreme. His last battle in which he lay wounded and told a +kinsman to rule in his place and uphold his laws was written in +poem ("Layamon's Brut"). Romantic stories were written and read +in English. + +The only people distinguishable as Anglo-Saxon by their look and +speech were manor villeins who worked the farm land, who +composed over half the population. Intermarriage had destroyed +any distinction of Normans by look or speech alone. Although the +villeins could not buy their freedom or be freed by their lord, +they became less numerous because of the preference of +landholders for tenants motivated to perform work by potential +loss of tenure. Also, the Crown's protection of all its subjects +in criminal matters blurred the distinction between free and +unfree men. + +The boroughs were dominated by lords of local manors, who usually +had a house in the borough. Similarly, burgesses usually had +farmland outside the borough. Many boroughs were granted the +right to have a common seal for the common business of the town. +Each borough was represented by twelve reputable burgesses. Each +vill was represented by a reeve and four reputable men. Certain +towns sponsored great seasonal fairs for special goods, such as +cloth. Less than 5% of the population lived in towns. Some +windmills were used. + +London guilds of craftsmen such as weavers, fullers, bakers, +loriners (makers of bit, spurs, and metal mountings of bridles +and saddles), cordwainers (makers of leather goods such as +shoes), pepperers, and goldsmiths were licensed by the King, for +which they paid him a yearly fee. There were also five Bridge +Guilds (probably raising money for the future construction of +London Bridge in stone) and St. Lazarus' Guild. The wealthy +guilds, which included the goldsmiths, the pepperers, and three +bridge guilds had landholding members who had been thegnes or +knights and now became a class of royal officials: the King's +minters, his chamberlain, his takers of wines, his collectors of +taxes. + +Sandwich was confirmed in its port rights by this charter: +"Henry II to his sheriff and bailiffs of Kent, greeting. I will +and order that the monks of the Holy Trinity of Canterbury shall +have fully all those liberties and customs in Sandwich which +they had in the time of King Henry my grandfather, as it was +adjudged in pursuance of his command by the oath of twelve men of +Dover and twelve men of Sandwich, to wit, that the aforesaid +monks ought to have the port and the toll and all maritime +customs in the same port, on either side of the water from +Eadburge-gate as far as markesfliete and a ferry-boat for +passage. And no man has there any right except they and their +ministers. Wherefore I will and firmly command you and the men +of Sandwich that ye cause the aforesaid monks to have all their +customs both in the port and in the town of Sandwich, and I +forbid any from vexing them on this account." "And they shall +have my firm peace." + +Henry gave this charter to the town of Bristol in 1164: "Know ye, +that I have granted to my burgesses of Bristol, that they shall +be quit both of toll [a reasonable sum of money or portion of +the thing sold, due to the owner of the fair or market on the +sale of things tollable therein. It was claimed by the lord of +the fee where the fair or market was held, by virtue of a grant +from the Crown either ostensible or presumed] and passage [money +paid for crossing a river or for crossing the sea as might be +due to the Crown] and all custom [customary payments] throughout +my whole land of England, Normandy, and Wales, wherever they +shall come, they and their goods. Wherefore I will and strictly +command, that they shall have all their liberties and +acquittances and free customs fully and honorable, as my free +and faithful men, and that they shall be quit of toll and +passage and of every other customs: and I forbid any one to +disturb them on this account contrary to this my charter, on +forfeiture of ten pounds [200s.]." + +John, when he was an earl and before he became King, granted +these liberties to Bristol about 1188: + +1) No burgess may sue or be sued out of Bristol. + +2) The burgesses are excused from the murder fine (imposed by the +King or lord from the hundred or town where the murder was +committed when the murderer had not been apprehended). + +3) No burgess may wage duel, unless sued for death of a stranger. + +4) No one may take possession of a lodging house by assignment +or by livery of the Marshall of the Earl of Gloucester against +the will of the burgesses (so that the town would not be +responsible for the good behavior of a stranger lodging in the +town without first accepting the possessor of the lodging house). + +5) No one shall be condemned in a matter of money, unless +according to the law of the hundred, that is, forfeiture of 40s. + +6) The hundred court shall be held only once a week. + +7) No one in any plea may argue his cause in miskenning. + +8) They may lawfully have their lands and tenures and mortgages +and debts throughout my whole land, [from] whoever owes them +[anything]. + +9) With regard to debts which have been lent in Bristol, and +mortgages theremade, pleas shall be held in the town according +to the custom of the town. + +10) If any one in any other place in my land shall take toll of +the men of Bristol, if he does not restore it after he is +required to, the Prepositor of Bristol may take from him a +distress at Bristol, and force him to restore it. + +11) No stranger-tradesman may buy within the town from a man who +is a stranger, leather, grain, or wool, but only from a burgess. + +12) No stranger may have a shop, including one for selling wine, +unless in a ship, nor shall sell cloth for cutting except at the +fair. + +13) No stranger may remain in the town with his goods for the +purpose of selling his goods, but for forty days. + +14) No burgess may be confined or distrained any where else +within my land or power for any debt, unless he is a debtor or +surety (to avoid a person owed a debt from distraining another +person of the town of the debtor). + +15) They shall be able to marry themselves, their sons, their +daughters and their widows, without the license of their lords. +(Lords had the right of preventing their tenants and mesne lords +and their families from marrying without his consent.) + +16) No one of their lords shall have the wardship or the disposal +of their sons or daughters on account of their lands out of the +town, but only the wardship of their tenements which belong to +their own fee, until they become of age. + +17) There shall be no recognition [acknowledgement that something +done by another person in one's name had one's authority] in the +town. + +18) No one shall take tyne [wooden barrel with a certain quantity +of ale, payable by the townsmen to the constable for the use of +the castle] unless for the use of the lord Earl, and that +according to the custom of the town. + +19) They may grind their grain wherever they may choose. + +20) They may have their reasonable guilds, as well or better than +they had themin the time of Robert and his son William [John's +wife's grandfather and father, who were earls of Gloucester when +the town and castle of Bristol were part of the honor of +Gloucester]. + +21) No burgess may be compelled to bail any man, unless he +himself chooses it, although he may be dwelling on his land. + +We have also granted to them all their tenures, messuages, in +copses, in buildings on the water or elsewhere to be held in +free burgage [tenant to pay only certain fixed services or +payments to his lord, but not military service (like free +socage)]. We have granted also that any of them may make +improvements as much as he can in erecting buildings anywhere on +the bank and elsewhere, as long as the borough and town are not +damaged thereby. Also, they shall have and possess all waste +land and void grounds and places, to be built on at their +pleasure. + +Newcastle-on-Tyne's taxes were simplified in 1175 as follows: + +"Know ye that I have granted and by this present charter have +confirmed to my burgesses of Newcastle upon Tyne, and to all +their things which they can assure to be their own, acquittance +from toll and passage and pontage and from the Hanse and from +all other customs throughout all my land. And I prohibit all +persons from vexing or disturbing them therein upon forfeiture to +me." + +We grant to our upright men on Newcastle-on-Tyne and their heirs +our town of Newcastle-on-Tyne with all its appurtances at fee +farm for 100 pounds to be rendered yearly to us and our heirs at +our Exchequer by their own hand at the two terms, to wit, at +Easter 50 pounds and at Michaelmas 50 pounds, saving to us our +rents and prizes and assizes in the port of the same town. + +Ranulph, earl of Chester, made grants to his burgesses of +Coventry by this charter: "That the aforesaid burgesses and +their heirs may well and honorably quietly and in free burgage +hold of me and my heirs as ever in the time of my father and +others of my ancestors they have held better more firmly and +freer. In the second place I grant to them all the free and good +laws which the burgesses of Lincoln have better and freer. I +prohibit and forbid my constables to draw them into the castle +to plead for any cause, but they may freely have their portimote +[leet court] in which all pleas belonging to me and them may be +justly treated of. Moreover they may choose from themselves one +to act for me whom I approve, who a justice under me and over +them may know the laws and customs, and keep them to my counsel +in all things reasonable, every excuse put away, and may +faithfully perform to me my rights. If any one happen to fall +into my amercement he may be reasonably fined by my bailiff and +the faithful burgesses of the court. Furthermore, whatever +merchants they have brought with them for the improvement of the +town, I command that they have peace, and that none do them +injury or unjustly send them into court. But if any foreign +merchant shall have done anything improper in the town that same +may be regulated in the portimote before the aforesaid justice +without a suit at law." + +Henry confirmed this charter of the earl's by 1189 as follows: I +have confirmed all the liberties and free customs the earl of +Chester granted to them, namely, that the same burgesses may +well and honorably hold in free burgage, as ever in the time of +the father of the beforesaid earl, or other of his ancestors, +they may have better or more firmly held; and they may have all +the laws and customs which the citizens of Lincoln have better +and freer [e.g. their merchant guilds; all men brought to trade +may be subject to the guild customs and assize of the town; +those who lawfully hold land in the town for a year and a day +without question and are able to prove that an accuser has been +in the kingdom within the year without finding fault with them, +from thence may hold the land well and in peace without +pleading; those who have remained in the town a year and a day +without question, and have submitted to the customs of the town +and the citizens of the town are able to show through the laws +and customs of the town that the accuser stood forth in the +kingdom, and not a fault is found of them, then they may remain +in peace in the town without question]; and that the constable of +the aforesaid earl shall not bring them into the castle to plead +in any case. But they may freely have their own portmanmote in +which all pleas appertaining to the earl and to them may be +justly treated of. Moreover they may choose one from themselves +to act for the earl, whom I approve, who may be a justice under +the earl and over them, and who to the earl may faithfully +perform his rights, and if anyone happen to fall into the earl's +forfeiture he shall be acquit for 12 pence. If by the testimony +of his neighbors he cannot pay 12 pence coins, by their advice +it shall be so settled as he is able to pay, and besides, with +other acquittances, that the burgesses shall not provide anything +in corrody [allowance in food] or otherwise whether for the +said earl or his men, unless upon condition that their chattels +shall be safe, and so rendered to them. + +Furthermore, whatever merchants they have brought with them for +the improvement of the town they may have peace, and none shall +do them injury or unjustly send them into suit at law. But if +any foreign merchant has done anything improper in the town that +shall be amended [or tried] in the portmanmote before the +aforesaid justice without a suit. And they who may be newcomers +into the town, from the day on which they began to build in the +town for the space of two years shall be acquit of all charges. + +Mercantile privileges were granted to the shoemakers in Oxford +thus: "Know ye that I have granted and confirmed to the corvesars +of Oxford all the liberties and customs which they had in the +time of King Henry my grandfather, and that they have their +guild, so that none carry on their trade in the town of Oxford, +except he be of that guild. I grant also that the cordwainers who +afterwards may come into the town of Oxford shall be of the same +guild and shall have the same liberties and customs which the +corvesars have and ought to have. For this grant and +confirmation, however, the corvesars and cordwainers ought to +pay me every year an ounce of gold." + +A guild merchant for wool dominated and regulated the wool trade +in many boroughs. In Leicester, only guildsmen were permitted to +buy and sell wool wholesale to whom they pleased or to wash +their fells in borough waters. Certain properties, such as those +near running water, essential to the manufacture of wool were +maintained for the use of guild members. The waterwheel was a +technological advance replacing human labor whereby the cloth was +made more compact and thick, "fulled". The waterwheel turned a +shaft which lifted hammers to pound the wet cloth in a trough. +Wool packers and washers could work only for guild members. The +guild fixed wages, for instance to wool wrappers and flock +pullers. Strangers who brought wool to the town for sale could +sell only to guild members. A guildsman could not sell wool +retail to strangers nor go into partnership with a man outside +the guild. Each guild member had to swear the guildsman's oath, +pay an entrance fee, and subject himself to the judgment of the +guild in the guild court, which could fine or suspend a man from +practicing his trade for a year. The advantages of guild +membership extended beyond profit in the wool trade. Members +were free from the tolls that strangers paid. They alone were +free to sell certain goods retail. They had the right to share in +any bargain made in the presence of a guildsman, whether the +transaction took place in Leicester or in a distant market. In +the general interest, the guild forbade the use of false weights +and measures and the production of shoddy goods. It maintained a +wool-beam for weighing wool. It also forbade middlemen from +profiting at the expense of the public. For instance, butchers' +wives were forbidden from buying meat to sell again in the same +market unless they cooked it. The moneys due to the King from +the guilds of a town were collected by the town reeve. + +A baron could assemble an army in a day to resist any perceived +misgovernment by a King. Armed conflict did not interfere much +with daily life because the national wealth was still composed +mostly of flocks and herds and simple buildings. Machinery, +furniture, and the stock of shops were still sparse. Life would +be back to normal within a week. + +Henry wanted to check this power of the barons. So he restored +the older obligation of every freeman to serve in defense of the +realm, which was a military draft. At the King's call, barons +were to appear in mail suit with sword and horse, knights in +coat of mail with shield and lance, freeholders with lance and +hauberk [coat of armor], burgesses and poorer freemen with lance +and helmet, and such as millers with pike and leather shirt. The +master of a household was responsible for every villein in his +household. Others had to form groups of ten and swear obedience +to the chief of the group. This was implemented in a war with +France. + +However, the nobility who were on the borders of the realm had to +maintain their private armies for frequent border clashes. The +other nobility now tended towards tournaments with mock battles +between two sides. + +A new land tax replaced the Danegeld tax. Freeholders of land +paid taxes according to their plowable land ("hidage", by the +hide, and later "carucage", by the acre). It was assessed and +collected for the King by knights with little or no +remuneration. The villein class, which in theory included the +boroughs, paid a tax based on their produce ("tallage"). +Merchants were taxed on their personal property, which was +determined by an inquest of neighbors. Clergy were also taxed. +This new system of taxation increased the royal income about +threefold. + +At the end of this period was the reign of King John, a short +man. After his mother Eleanor's death, John ruled without her +influence. He had a huge appetite for money. He imposed levies +on the capital value of all personal and moveable goods. (This +idea was taken from the tenth of rents and income from moveable +goods which had been imposed for King Richard II's crusade to +recover Jerusalem. It began the occasional subsidies called +"tenths and fifteenths" from all people on incomes from +moveables.) He sold the wardships of minors and the marriages of +heiresses to the highest bidder, no matter how base. He appointed +unprincipled men to be both sheriff and justice, enabling them +to blackmail property holders with vexatious writs and false +accusations. Writs were withheld or sold at exorbitant prices. +Crushing penalties were imposed to increase the profits of +justice. The story of Robin Hood portrays John's attempt to gain +the crown prematurely while Richard was on the Crusades to +recover Jerusalem for Christendom. In 1213, strong northern +barons refused a royal demand for scutage, arguing that the +amount was not within custom or otherwise justified. John's +heavy-handed and arbitrary rule quickly alienated all sectors of +the population. They joined the barons to pressure him to sign +the Magna Carta correcting his abuses. For instance, since John +had extracted many heavy fines from barons by personally +adjudging them blameworthy in disputes with others, the barons +wanted judgment by their peers under the established law of the +courts. In arms, the barons confronted John demanding that he +sign the Magna Carta correcting his abuses, which he did. + + +The Law + +The peace of the sheriff still exists for his shire. The King's +peace may still be specially given, but it will cease upon the +death of the King. + +Law required every good and lawful man to be bound to follow the +hue and cry when it was raised against an offender who was +fleeing. The village reeve was expected to lead the chase to the +boundary of the next jurisdiction, which would then take the +responsibility to catch the man. + +No one, including the lord of a manor, may take land from anyone +else, for instance, by the customary process of distress, +without a judgment from the Royal Court. This did not apply to +London, where a landlord leasing or renting land could take +distress in his fee. + +No one, including the lord of a manor, shall deprive an heir of +the land possessed by his father, i.e. his birthright. + +A tenant may marry off a daughter unless his lord shows some just +cause for refusing to consent to the marriage. A tenant had to +pay an "aid" to his lord when the lord's daughter married, when +the lord's son was knighted, or when the lord's person was +ransomed. + +A man [or woman] may not will away his land, but he may sell it +during his lifetime. + +The land of a knight or other tenant of a military fee is +inherited by his eldest son. The socage land of a free sokeman +goes by its ancient custom before the Norman Conquest. + +If a man purchased land after his marriage, his wife's dower is +still one-third of the land he had when they married, or less if +he had endowed her with less. But he could then enlarge her +dower to one-third of all of his lands. The same rule applied if +the man had no land, but endowed his wife with chattel or money +instead. + +Dower law prevented a woman from selling her dower during the +life of her husband. But he could sell it or give it away. On +his death, its possessor had to give the widow the equivalent +worth of the property. + +A widower had all his wife's lands by curtesy of the nation for +his lifetime to the exclusion of her heirs. + +The Capital Messuage [Chief Manor] could not be given in dower or +divided, but went in its entirety to its heir. + +Heirs were firstly sons, then daughters, then grandsons per +stirpes, then granddaughters per stirpes, then brothers, and +then sisters of the decedent. Male heirs of land held by +military service or sons of knights who were under the age of +twenty-one were considered to be in custody of their lords. The +lord had wardship over the heir's land, excluding the third that +was the widow's dower for her life. He had to maintain the heir +in a manner suitable to his dignity and restore to him when he +came of age his inheritance in good condition discharged from +debts. Male heirs of sokemen who were under the age of fifteen +were in the custody of their nearest kindred. The son of a +burgess came of age when he could count money, measure cloth, +and manage his father's concerns. + +Female heirs remained in the custody of their lords until they +married. The lord was bound to find a marriage for his ward when +she became fourteen years of age and then deliver her +inheritance to her. She could not marry without her lord's +consent, because her husband was expected to be the lord's ally +and to do homage to him. But if a female heir lost her +virginity, her inheritance escheated to her lord. + +Bastards were not heirs, even if their father married their +mother after their birth. + +Any adult inheriting land had to pay a "relief" to the lord of +the land. For a knight's fee, this was 100s. For socage land, +this was one year's value. The amount for a barony depended upon +the King's pleasure. + +Heirs (but not widows) were bound to pay the debts of their +fathers and ancestors. A man who married a woman who had +inherited land could not sell this land without the consent of +its heirs. + +When a man dies, his wife shall take one-third and his heirs +shall take one- third of his chattels [moveables]. The other +third he may dispose of by will. If he had no heirs and no will +[intestate], all his chattels would escheat to his lord. Any +distribution of chattels would take place after all the +decedent's debts were paid from the property. + +A will required two witnesses. The testator could name an +executor, but if he did not, the next of kin was the executor. A +will could not be made by a man on his death bed because he may +well have lost his memory and reason. Also, he could not give to +a younger son if in so doing, he would deprive his lawful heir. +But he could give a marriage gift to a daughter regardless of the +lawful heir. + +Usury was receiving back more than what was lent, such as +interest on a loan of money. When a usurer died, all his +moveables went to the King. + +A villein may not buy his own freedom (because all that he has is +his lord's), but may be set free by his lord or by someone else +who buys his freedom for him. He shall also be freed if the lord +seduced his wife, drew his blood, or refused to bail him either +in a civil or criminal action in which he was afterwards +cleared. But a freed villein did not have status to plead in +court, even if he had been knighted. If his free status were +tried in court, only a freeman who was a witness to his being +set free could avail himself of the duel to decide the issue. +However, if the villein remained peacefully in a privileged town +a year and a day and was received into its guild as a citizen, +then he was freed from villeinage in every way. + +A freeman who married a villein lost his freedom. If any parent +of a child was a villein, then the child was also a villein. + +All shipwrecked persons shall be treated with kindness and none +of their goods or merchandise shall be taken from them. + +If one kills another on a vessel, he shall be fastened to the +dead body and thrown with it into the sea. + +If one steals from another on a vessel, he shall be shaven, +tarred and feathered, and turned ashore at the first land. + +Passage on the Thames River may not be obstructed by damming up +the river on each side leaving a narrow outlet to net fish. All +such wears shall be removed. + + +Judicial Procedure + +Henry II wanted all freemen to be equally protected by one system +of law and government. So he opened his court, the Royal Court, +to all people of free tenure. A court of five justices +professionally expert in the law sat in permanence, traveled +with the King, and on points of difficulty consulted with him. +Other professional justices, on eyre [journey], appeared +periodically in all shires of the nation. They came to perform +many tasks besides adjudging civil and criminal pleas, including +promulgating and enforcing new legislation, seeking out +encroachments on royal rights, reviewing the local communities' +and officials' performance of their public duties, imposing +penalties for failure to do them or for corruption, gathering +information about outlaws and non- performance of homage, and +assessing feudal escheats to the Crown, wardships to which the +King was entitled, royal advowsons, feudal aids owed to the King, +tallages of the burgesses, and debts owed to the Jews. assessing +feudal escheats to the Crown, wardships to which the King was +entitled, royal advowsons, feudal aids owed to the King, +tallages of the burgesses, and debts owed to the Jews; The +decision-making of justices in eyre begins the process which +makes the custom of the Royal Court the common law of the +nation. The shire courts, where the travelling justices heard +all manner of business in the shires, adopted the doctrines of +the Royal Court, which then acquired an appellate jurisdiction. +The three royal courts and justices in eyre all drew from the +same small group of royal justices. + +Henry erected a basic, rational framework for legal processes +which drew from tradition but lent itself to continuous +expansion and adaptation. + +The Royal Court was chiefly concerned with 1) the due regulation +and supervision of the conduct of local government, 2) the +ownership and possession of land held by free tenure, 3) the +repression of serious crime, and 4) the relations between the +lay and the ecclesiastical courts. + +The doctrine of tenure applied universally to the land law formed +the basis for judicial procedure in determining land rights. +Those who held lands "in fee" from the King in turn +subinfeudated their land to men of lesser rank. The concept of +tenure covered the earl, the knight (knight's service), the +church (frank-almoin [free alms]), the tenant who performed +labor services, and the tenant who paid a rent (socage). Other +tenures were: serjeanty [providing an implement of war or +performing a nonmilitary office] and burgage. All hold the land +of some lord and ultimately of the King. + +Henry was determined to protect lawful seisin of land and issued +assizes [legal promulgations] giving the Royal Court authority +to decide land law issues which had not been given justice in +the shire or lord's court. These included issues of disseisin +[ejectment] of a person's free tenement or of his common of +pasture which belonged to his freehold. The writ praecipe +directed the sheriff to order the overlord of any land seized to +restore it immediately or answer for his failure in the royal +court. Though this petty assize of disseisin only provided a +swift preliminary action to protect possession pending the +lengthy and involved action [grand assize] on the issue of which +party had the more just claim or ultimate right of seisin, the +latter action was only infrequently invoked. The temptation of a +strong man to seize a neighbor's land to reap its profits for a +long time until the neighbor could prove and enforce his right +was deterred. Any such claim of recent dispossession [novel +disseisin] had to be made within three years of the disseisin. + +An assize [now a judicial body] of recognition viewed the land in +question and answered these questions of fact: 1) Was the +plaintiff disseised of the freeholdin question, unjustly and +without judgment? 2) Did the defendant commit the disseisin? +Testimony of a warrantor (or an attorney sent by him in his +place) or a charter of warranty served to prove seisin by gift, +sale, or exchange. No pleadings were necessary and the action +could proceed and judgment given even without the presence of +the defendant. The justices amerced the losing party with a +monetary penalty. A successful plaintiff might be awarded +damages to compensate for the loss of revenue. Eventually royal +justices acquired authority to decide the ultimate question of +right to land using the grand assize and the alternative of an +assize instead of the traditional procedures which ended in +trial by battle. + +There was also a writ for issues of inheritance of land. By law +the tenure of a person who died seised of a tenure in a lord's +demesne which was hereditary [seisin of fee] returned to the +lord, who had to give it to the heir of the decedent. If the +lord refused and kept it for himself or gave it to someone else, +the heir could sue in the Royal Court, which would decide whether +the ancestor was seised as of fee in his demesne, if the +plaintiff was the nearest heir, and whether the ancestor had +died, gone on a crusade but not returned, or had become a monk. + +Issues of seisin were brought to the Royal Court by a contestant +in a local court who "put himself [or herself] upon the King's +grand assize". Then his action would be removed to the Royal +Court. The assize would consist of twelve knights from the +district who were elected by four knights and who were known as +truthful men and who were likely to possess knowledge of the +facts. + +The tenant could object to any of the twelve knights for just +cause as determined by the court. Each of the twelve gave an +oath as to whether the plaintiff's or the defendant's position +was correct. If any did not know the truth of the matter, others +were found until twelve agreed [the recognitors] in favor of one +side. Perjury was punished by forfeiture of all one's goods and +chattels to the King and at least one year's imprisonment. + +Alternately, the tenant-defendant could still chose trial by +duel. A duel was fought between the parties or their champions. +The losing party of a duel had to pay a fine of 60s. + +However, if the parties were relatives, neither the assize nor +the duel was available to them, but the matter had to be decided +by the law of inheritance. Nor was burgage tenure usually +decided by assize. + +This assize procedure extended in time to all other types of +civil actions. + +Also removable to the Royal Court from the shire courts were +issues of a lord's claim to a person as his villein (duel not +available), service or relief due to a lord, dower rights, a +creditor's refusal to restore a gage [something given as +security] to a debtor who offered payment or a deposit, money due +to a lender, a seller, or a person to whom one had an obligation +under a charter, fish or harvest or cattle taken from lands +unjustly occupied, cattle taken from pasture, rights to enjoy a +common, to stop troubling someone's transport, to make +restitution of land wrongfully occupied, to make a lord's bailiff +account to him for the profits of the manor. + +A person who felt he had not had justice in the manor court could +appeal to the King for a writ of right after the manor court's +decision or for a writ praecipe during the manor court's +proceeding. + +The Royal Court also decided disputes regarding baronies, +nuisance or encroachments on royal land or public ways or public +waterways, such as diverting waters from their right course and +issues of nuisance by the making or destroying of a ditch or the +destruction of a pond by a mill to the injury of a person's +freehold. Other pleas of the Crown were: insult to the royal +dignity, treason, breaches of safe-conducts, and injury to the +King's servants. + +Henry involved the Royal Court in many criminal issues, formerly +decided in the shire and hundred courts. To detect crimes, he +required royal officers to routinely ask selected +representatives: knights or other landholders, of every +neighborhood if any person were suspected of any murder, +robbery, etc. A traveling royal justice or a sheriff would then +hold an inquest, in which the representatives answered by oath +what people were reputed to have done certain crimes. They made +such inquiries through assizes of presentment, usually composed +of twelve men from each hundred and four men for each township. +(These later evolved into grand juries). These assizes were an +ancient institution in many parts of the country. They consisted +of representatives of the hundreds, usually knights, and +villages who testified under oath to all crimes committed in +their neighborhood, and indicted those they suspected as +responsible and those harboring them. What the assize did was to +insist upon the adoption of a standard procedure everywhere +systematically. The procedure was made more regular instead of +depending on crime waves. If indicted, the suspected persons +were then sent to the ordeal. There was no trial by compurgation, +which was abolished by Henry. If determined guilty, he forfeited +his chattels to the King and his land reverted to his landlord. +If he passed the ordeal but was ill-famed in the community, he +could be banished from the community. Later the ordeal was +abolished. + +As before, a person could also be brought to trial by the +accusation of the person wronged. If the accused still denied +the charge after the accuser testified and the matter +investigated by inquiries and interrogation and then analyzed, a +duel was held, unless the accuser was over the age of sixty or +maimed, in which case the accused went to the ordeal. + +Criminal matters such as killing the King or sedition or +betraying the nation or the army, fraudulent concealment of +treasure trove [finding a hoard of coins which had been buried +when danger approached], breach of the King's peace, homicide, +murder (homicide for which there were no eye-witnesses), burning +(a town, house, men, animals or other chattel for hatred or +revenge), robbery, rape and falsifying (e.g. false charters or +false measures or false money) were punishable by death or loss +of limb. House-breaking, harboring outlaws, the royal +perquisites of shipwreck and the beasts of the sea which were +stranded on the coast were also punishable in the Royal Court. + +The Royal Court had grown substantially and was not always +presided over by the King. To avoid court agents from having too +much discretionary power, there was a systematic procedure for +bringing cases to the Royal Court. First, a plaintiff had to +apply to the King's Chancery for a standardized writ into which +the cause had to fit. The plaintiff had to pay a fee and provide +a surety that the plea was brought in good faith. The progress +of the suit was controlled at crucial points by precisely +formulated writs to the sheriff, instructing him for instance, +to put the disputed property under royal protection pending a +decision, to impanel an assize and have it view the property in +advance of the justices' arrival, to ascertain a point of fact +material to the plea, or to summon a 'warrantor' to support a +claim by the defendant. + +The Royal Court kept a record on its cases on parchment kept +rolled up: its "rolls". The oldest roll of 1194 is almost +completely comprised of land cases. + +Anyone could appoint an agent, an "attorney", to appear in court +on his behalf, it being assumed that the principal could not be +present. The principal was then bound by the actions of his +agent. The common law system became committed to the "adversary +system" with the parties struggling judicially against each +other. + +The Royal Court took jurisdiction over issues of whether certain +land was civil or ecclesiastical [assize utrum], and therefore +whether the land owed services or payment to the Crown or not. +It also heard issues of disturbance of advowson, a complex of +rights to income from a church and to the selection of a parson +for the church [assize of darrein [last] presentment]. Many +churches had been built by a lord on his manor for his villeins. +The lord had then appointed a parson and provided for his upkeep +out of the income of the church. In later times, the lord's +chosen parson was formally appointed by the bishop. By the 1100s, +many lords had given their advowsons to abbeys. + +As before, the land of any person who had been outlawed or +convicted of a felony escheated to his lord. His moveable goods +and chattels became the King's. + +The manor court heard cases which arose out of the unfree tenures +of the lord's peasantry. + +The honorial court, part of the manor court, heard distraint, +also called "distress", issues. Distraint was a landlord's +method of forcing a tenant to perform the services of his fief. +To distrain by the fief, a lord first obtained a judgment of his +court. Otherwise, he distrained only by goods and chattels +without judgment of his court. A distraint was merely a security +to secure a person's services, if he agreed he owed them, or his +attendance in court, if he did not agree that he owed them. Law +and custom restricted the type of goods and chattels +distrainable, and the time and manner of distraint. For instance, +neither clothes, household utensils, nor a riding horse was +distrainable. The lord could not use the chattels taken while +they were in his custody. If cattle in custody were not +accessible to the tenant, the lord had to feed them at his +expense. The lord, if he were not the King, could not sell the +chattel. The action of replevin was available to the tenant to +recover property which had been wrongly distressed. This court +also determined inheritance and dower issues. + +The court of the vill enforced the village ordinances. The +hundred court dealt with the petty crimes of lowly men in the +neighborhood of a few vills. The shire and borough courts heard +cases of felonies, accusations against freemen, tort, and debts. +The knights make the shire courts work as legal and +administrative agencies of the Crown. + +Admiralty issues (since no assize could be summoned on the high +seas), and tenement issues of land held in frankalmoin ["free +alms" for the poor to relieve the King of this burden], where +the tenant was a cleric were heard in the ecclesiastical courts. + + +The church copied the assize procedure developed by the Royal +Court to detect ecclesiastical offenses. Trial was still by +compurgation. Bishops could request the Chancery to imprison an +offender who had remained excommunicant for forty days, until he +made amends. Chancery complied as a matter of course. This went +on for six centuries. + +The delineations of jurisdiction among these courts was confused +and there was much competing and overlapping of jurisdictions. +However, the court could appoint arbitrators or suggest to the +parties to compromise to avoid the harshness of a decisive +judgment which might drive the losing party to violent +self-help. + +The office of coroner was established in the last years of +Richard's reign to determine if sudden deaths were accidental or +due to murder. + +Chief Justice Ranulph Glanville wrote a treatise on the writs +which could be brought in the Royal Court and the way they could +be used. It was a practical manual of procedure and of the law +administered in the Royal Court. + + + + + +Chapter 7 + +The Times 1215-1272 + +Baron landholders' semi-fortified stone manor houses were +improved and extended. They were usually quadrangular around a +central courtyard. The central and largest room was the hall, +where people ate and slept. If the hall was on the first floor, +the fire might be at a hearth in the middle of the floor. +Sometimes the lord had his own parlor, with a sleeping loft +above it. Having a second floor necessitated a fireplace in the +wall so the smoke could go up two floors to the roof. Other +rooms each had a fireplace. Often the hall was on the second +floor and took up two stories. There was a fireplace on one wall +of the bottom story. There were small windows around the top +story. Windows of large houses were of opaque glass supplied by +a glass-making craft. The glass was thick, uneven, and greenish +in color. The walls were plastered. The floor was wood with some +carpets. Roofs were timbered with horizontal beams. Many roofs +had tiles supplied by the tile craft, which baked the tiles in +kilns or over an open fire. Because of the hazard of fire, the +kitchen was often a separate building, with a covered way +connecting it to the hall. It had one or two open fires in +fireplaces, and ovens. Sometimes there was a separate room for a +dairy. + +Furniture included heavy wood armchairs for the lord and lady, +stools, benches, trestle tables, chests, and cupboards. Outside +was an enclosed garden with cabbages, peas, beans, beetroots, +onions, garlic, leeks, lettuce, watercress, hops, herbs, nut +trees for oil, some flowers, and a fish pond and well. Bees were +kept for their honey. + +Nobles, doctors, and lawyers wore tunics to the ankle and an +over-tunic almost as long, which was lined with fur and had long +sleeves. A hood was attached to it. A man's hair was short and +curled, with bangs on the forehead. The tunic of merchants and +middle class men reached to the calf. The laborer wore a tunic +that reached to the knee, cloth stockings, and shoes of heavy +felt, cloth, or perhaps leather. Ladies wore a full length tunic +with moderate fullness in the skirt, and a low belt, and tight +sleeves. Her hair was concealed by a round hat tied on the top +of her head. Over her tunic, she wore a cloak. Monks and nuns +wore long black robes with hoods. + +The barons now managed and developed their estates to be as +productive as possible, often using the successful management +techniques of church estates. They kept records of their fields, +tenants, services owed by each tenant, and duties of the manor +officers, such as supervision of the ploughing and harrowing. +Annually, the manor's profit or loss for the year was calculated. +Most manors were self-supporting except that iron for tools and +horseshoes and salt for curing usually had to be obtained +elsewhere. Wine, tar, canvas and millstones were imports from +other countries and bought at fairs, as was fish, furs, spices, +and silks. Sheep were kept in such large numbers that they were +susceptible to a new disease "scab". + +Manors averaged about ten miles distance between each other, the +land in between being unused and called "wasteland". Statutes +after a civil war proscribing the retaking of land discouraged +the enclosure of waste land. + +Some villeins bought out their servitude by paying a substitute +to do his service or paying his lord a firm (from hence, the +words farm and farmer) sum to hire an agricultural laborer in +his place. This made it possible for a farm laborer to till one +continuous piece of land instead of scattered strips. + +Looms were now mounted with two bars. Women did embroidery. The +clothing of most people was made at home, even sandals. The +village tanner and bootmaker supplied long pieces of soft +leather for more protection than sandals. Tanning mills replaced +some hand labor. The professional hunter of wolves, lynx, or +otters supplied head coverings. Every village had a smith and +possibly a carpenter for construction of ploughs and carts. The +smith obtained coal from coal fields for heating the metal he +worked. Horse harnesses were home-made from hair and hemp. There +were water mills and/or wind mills for grinding grain, for malt, +and/or for fulling cloth. + +Most men wore a knife because of the prevalence of murder and +robbery. It was an every day event for a murderer to flee to +sanctuary in a church, which would then be surrounded by his +pursuers while the coroner was summoned. Usually, the fugitive +would confess and agree to leave the nation and never return. + +It had been long customary for the groom to endow his bride in +public at the church door. This was to keep her and her children +if he died first. If dower was not specified, it was understood +to be one-third of all lands and tenements. + +The county offices were: sheriff, coroner, escheator, and +constable or bailiff. There were 28 sheriffs for 38 counties. No +longer did the sheriff buy his office and collect certain rents +for himself. The sheriff now was a salaried political appointee +of the King and employed a deputy or undersheriff, who was a +lawyer, and clerks. If there was civil commotion or contempt of +royal authority, the sheriff had power to raise a posse of armed +men to restore order [posse comitatus: power of the county]. +There were about five coroners in each county and they served +for a number of years. They were chosen locally under the +sheriff's supervision. The escheator was appointed annually by +the Treasurer to administer the Crown's rights in feudal land in +the county. The constables and bailiffs operated at the hundred +and parish level to detect crime and keep the peace. They +assisted sheriffs and Justices of the Peace, organized "watches" +for criminals and vagrants at the village level, and raised the +"hue and cry" along the highway and from village to village in +pursuit of offenders who had committed felony or robbery in +their districts. + +Shire knights performed a number of duties. They served a +sheriffs, escheators, coroners, and justices on special royal +commissions of gaol-delivery. They sat in judgment in the shire +court at its monthly meetings, attended the two great annual +assemblies when the lord, knights and freeholders of the shire +gathered to meet the justices on eyre, who came escorted by the +sheriff and weapon bearers. They served on the committees which +reviewed the presentments of the hundreds and village, and +carried the record of the shire court to Westminster when +summoned there by the kings' judges. They served on the grand +assize. As elected representatives of their fellow knights of +the shire, they assessed any taxes due from each hundred. They +investigated and reported on local abuses and grievances. The +king's judges and council often called on them to answer +questions put to them on oath. In the villages, humbler +freeholders and sokemen were elected to assess the village +taxes. Six villeins answered for the village's offenses at the +royal eyre. + +Everyone was taught to read and write in English. Even obscure +villages gathered children together for this schooling. Boys of +noblemen were taught reading, writing, Latin, a musical +instrument, athletics, riding, and gentlemanly conduct. Girls +were taught reading, writing, music, dancing, and perhaps +household nursing and first aid, spinning, embroidery, and +gardening. Girls of high social position were also taught riding +and hawking. Grammar schools taught, in Latin, grammar, logic +[dialectic], and rhetoric [art of public speaking and debate]. +The teacher possessed the only complete copy of the Latin text, +and most of the school work was done orally. Though books were +few and precious, the students read several Latin works. Girls +and boys of high social position usually had private teachers +for grammar school, while boys of lower classes were sponsored +at grammar schools such as those at Oxford. Discipline was +maintained by the birch or rod. + +There was no examination for admission as an undergraduate to +Oxford, but a knowledge of Latin with some skill in speaking +Latin was a necessary background. The students came from all +backgrounds. Some had their expenses paid by their parents, +while others had the patronage of a churchman, a religious house, +or a wealthy layman. + +A student at Oxford would become a master after graduating from a +seven year course of study of the seven liberal arts: [grammar, +rhetoric (the source of law), Aristotelian logic (which +differentiates the true from the false), arithmetic, including +fractions and ratios, (the foundation of order), geometry, +including methods of finding the length of lines, the area of +surfaces, and thevolume of solids, (the science of measurement), +astronomy (the most noble of the sciences because it is +connected with divinity and theology), music, and Aristotle's +philosophy of physics, metaphysics, and ethics; and then +lecturing and leading disputations for two years. He also had to +write a thesis on some chosen subject and defend it against the +faculty. A Master's degree gave one the right to teach. Further +study for four years led to a doctorate in one of the +professions: theology and canon or civil law. + +There were about 1,500 students in Oxford. They drank, played +dice, quarreled a lot and begged at street corners. There were +mob fights between students from the north and students from the +south and between students and townsmen. But when the mayor of +Oxford hanged two students accused of being involved in the +killing of a townswoman, many masters and students left for +Cambridge. In 1214, a charter created the office of Chancellor +of the university at Oxford. He was responsible for law and +order and, through his court, could fine, imprison, and +excommunicate offenders and expel undesirables such as +prostitutes from the town. He had authority over all crimes +involving scholars, except murder and mayhem. The Chancellor +summoned and presided over meetings of the masters and came to +be elected by indirect vote by the masters who had schools, +usually no more than a room or hall with a central hearth which +was hired for lectures. Students paid for meals there. Corners +of the room were often partitioned off for private study. At +night, some students slept on the straw on the floor. Six hours +of sleep were considered sufficient. + +In 1221 the Friars established their chief school at Oxford. They +were bound by oaths of poverty, obedience, and chastity, but +were not confined within the walls of a monastery. They walked +barefoot from place to lace preaching. They begged for their +food and lodgings. They replaced monks, who had become self- +indulgent, as the most vital spiritual force among the people. In +1231, the King ordered that every student must have his name on +the roll of a master and the masters had to keep a list of those +attending his lectures. + +The first college was founded in 1264 by Walter de Merton, former +Chancellor to the King, at Oxford. A college had the living +arrangements of a Hall, with the addition of monastic-type +rules. A warden and about 30 scholars lived and ate meals +together in the college buildings. Merton College's founding +documents provided that: "The house shall be called the House of +the Scholars of Merton, and it shall be the residence of the +Scholars forever. . . There shall be a constant succession of +scholars devoted to the study of letters, who shall be bound to +employ themselves in the study of Arts or Philosophy, the Canons +or Theology. Let there also be one member of the collegiate +body, who shall be a grammarian, and must entirely devote +himself to the study of grammar; let him have the care of the +students in grammar, and to him also let the more advanced have +recourse without a blush, when doubts arise in their faculty. . . +There is to be one person in every chamber, where Scholars are +resident, of more mature age than the others, who is to make his +report of their morals and advancement in learning to the +Warden. . . The Scholars who are appointed to the duty of +studying in the House are to have a common table, and a dress as +nearly alike as possible. . . The members of the College must +all be present together, as far as their leisure serves, at the +canonical hours and celebration of masses on holy and other +days. . . The Scholars are to have a reader at meals, and in +eating together they are to observe silence, and to listen to +what is read. In their chambers, they must abstain from noise +and interruption of their fellows; and when they speak they must +use the Latin language. . . A Scrutiny shall be held in the +House by the Warden and the Seniors, and all the Scholars there +present, three times a year; a diligent enquiry is to be +instituted into the life, conduct, morals, and progress in +learning, of each and all; and what requires correction then is +to be corrected, and excesses are to be visited with condign +punishment. . ." + +Issues frequently argued concerned the newly discovered +philosophies of Aristotle vis a vis the accepted Christian +philosophy. Aristotle emphasized the intellectual use of reason +as a road to understanding whereas the church had always taught +that understanding came from revelation by God. + +Roger Bacon, an Oxford master, applied mathematical knowledge to +natural phenomena such as metal work, mineral work, the making +of weapons, agriculture, and the remedies and charms of wizards +and magicians. He studied angles of reflection in plane, +spherical, cylindrical, and conical mirrors, in both their +concave and convex aspects. He did experiments in refraction in +different media, e.g. air, water, and glass, and knew that the +human cornea refracted light and that the human eye lens was +doubly convex. (However it was another 400 years before the +discovery of the image on the retina.) He comprehended the +magnifying power of convex lenses and conceptualized the +combination of lenses which would increase the power of vision +by magnification. Soon afterwards, eyeglasses were available to +correct farsightedness. + +Bacon studied gravity and the propagation of force, specifically +illustrated by the radiation of light and heat. He realized that +rays of light pass so much faster than those of sound or smell +that the time is imperceptible to humans. He knew that rays of +heat and sound penetrate all matter without our awareness and +that opaque bodies offered resistance to passage of light rays. +This was the beginning of the science of physics. + +He took the empirical knowledge as to a few metals and their +oxides and some of the principal alkalis, acids, and salts to +the abstract level of metals as compound bodies the elements of +which might be separated and recomposed and the general concept +of generation of liquids, gases, and solids, which was the +beginning of the science of chemistry. He made experiments that +led the way to saltpeter being made to explode, which led the +way to the formulation of gunpowder. He believed that the +principle of explosive energy would one day carry ships across +the seas without sails and propel carriages down the streets, +and flying machines. He knew the power of parabolic concave +mirrors to cause parallel rays to converge after reflection to a +focus and was familiar with work done to produce a mirror that +would induce combustion at a fixed distance. + +He studied man's physical nature, health, and disease, the +beginning of the science of biology and medicine. He opined that +the use of a talisman was not to bring about a change, but to +bring the patient into a frame of mind more conducive to +physical healing. + +Bacon studied different kinds of plants and the differences +between arable land, forest land, pasture land, and garden land. + + +Like other educated men of his day (and those of the 1200s +through the 1500s), he believed that the earth was the center of +the universe and in astrology, that is, that the position of the +stars and planets influenced man and other earthly things. For +instance, the position of the stars at a person's birth +determined his character. The angle and therefore potency of the +sun's rays influenced climate, temperament, and changes of +mortal life such as disease and revolutions. There was a +propitious time to have a marriage, go on a journey, make war, +and take herbal medicine or be bled by leeches, the latter of +which was accompanied by religious ceremony. Cure was by God, +with medical practitioners only relieving suffering. Pressure +and binding were applied to bleeding. Arrow and sword wounds to +the skin or to any protruding intestine were washed with warm +water and sewn up with needle and silk thread. Ribs were spread +apart by a wedge to remove arrow heads. Fractured bones were +splinted or encased in plaster. Dislocations were remedied. +Hernias were trussed. Bladder stones blocking urination were +pushed back into the bladder or removed through an artificial +opening in the bladder. + +Bacon studied the planetary motions and astronomical tables to +forecast future events. He did calculations on days in a month +and days in a year which later contributed to the legal +definition of a leap year. He knew about magnetic poles +attracting if different and repelling if the same and the +relation of magnets' poles to those of the heavens and earth. He +calculated the circumference of the world and the latitude and +longitude of terrestrial positions, which was the beginning of +the study of geography. He foresaw sailing around the world and +pointed the way to the Copernican astronomy, which was founded on +the concept of the earth and planets revolving around the sun. + +His contribution to the development of science was abstracting +the method of experiment from the concrete problem to see its +bearing and importance as a universal method of research. He +advocated changing education to include studies of the natural +world using observation, exact measurement, and experiments. + +The making and selling of goods diverged e.g. as the cloth +merchant severed from the tailor and the leather merchant +severed from the butcher. These craftsmen formed themselves into +guilds. They sought charters to require all craftsmen to belong +to the guild of their craft, to have legal control of the craft +work, and be able to expel any craftsman for disobedience. These +guilds determined the wages and working conditions of the +craftsmen and petitioned the borough authorities for ordinances +restraining trade, for instance by controlling the admission of +outsiders to the craft, preventing foreigners from selling in the +town except at fairs, limiting purchases of raw materials to +suppliers within the town, forbidding night work, restricting +the number of apprentices to each master craftsmen, and +requiring a minimum number of years for apprenticeships. In +return, these guilds assured quality control. In some boroughs, +they did work for the town, such as maintaining certain +defensive towers or walls of the town near their respective +wards. In some boroughs, fines for infractions of these +regulations were split between the guild and the government. + +This jurisdiction was sought from the towns governments, which +were controlled by the merchant guilds, with great difficulty. +In London, this power was broken in 1261 by the craftsmen +forcing their way into the town-mote. By this brute show of +strength, they set aside the opinion of the magnates and selected +their own candidate to be mayor. + +The citizens of London had a common seal for the city. London +merchants traveled throughout the nation with goods to sell +exempt from tolls. Most of the London aldermen were woolmongers, +vintners, skinners, and grocers by turns or carried on all these +branches of commerce at once. There are three inns in London. +Care- giving hospitals such as "Bethleham Hospital" were +established in London. Only tiles were used for roofing in +London, because wood shingles were fire hazards and fires in +London had been frequent. Some areas near London are disclaimed +by the King to be royal forest land, so all citizens could hunt +there and till their land there without interference by the +royal foresters. + +A gold penny was minted, which was worth 2s. of silver. Jews were +allowed to make loans with interest up to 2d. a week for 20s. +lent. + +English ships had one mast with a square sail. The hulls were +made of planks overlapping each other. There was a high +forecastle on the bow, a top castle on the mast, and a high +stern castle from which to shoot arrows down on other ships. +There were no rowing oars, but steering was still by an oar on +the starboard side of the ship. The usual carrying capacity was +30 tuns [big casks of wine each with about 250 gallons]. On the +coasts there were lights and beacons. Harbors at river mouths +were kept from silting up. Ships were loaded from piers. The +construction of London Bridge had just been finished. Coal was +mined. Bricks began to be imported for building. + +Churches had stained glass windows. + +Newcastle-on-Tyne received these new rights: + +1. And that they shall justly have their lands and tenures and +mortgages and debts, whoever owes them to them. + +2. Concerning their lands and tenures within the town, right +shall be done to them according to the custom of the city +Winton. + +3. And of all their debts which are lent in Newcastle-on-Tyne and +of mortgages there made, pleas shall be held at +Newcastle-on-Tyne. + +4. None of them shall plead outside the walls of the City of +Newcastle-on-Tyne on any plea, except pleas of tenures outside +the city and except the minters and my ministers. + +5. That none of them be distrained by any without the said city +for the repayment of any debt to any person for which he is not +capital debtor or surety. + +6. That the burgesses shall be quit of toll and lastage [duty on +a ship's cargo] and pontage [tax for repairing bridges] and have +passage back and forth. + +7. Moreover, for the improvement of the city, I have granted them +that they shall be quit of year's gift and of scotale [pressure +to buy ale at the sheriff's tavern], so that my sheriff of +Newcastle-on-Tyne or any other minister shall not make a +scotale. + +8. And whosoever shall seek that city with his merchandise, +whether foreigners or others, of whatever place they may be, +they may come sojourn and depart in my safe peace, on paying the +due customs and debts, and any impediment to these rights is +prohibited. + +9. We have granted them also a merchant guild. + +10. And that none of them [in the merchant guild] shall fight a +duel. + +The King no longer lives on his own from income from his own +lands, but takes money from the treasury. Elected men from the +baronage met with the King and his council in several +conferences called Parliaments to discuss the levying of taxes +and the solution of difficult legal cases, and to receive +petitions. Statutes were enacted. Landholders were given the +duty of electing four of their members in every shire to ensure +that the sheriff observed the law and to report his +misdemeanors to the justiciar. They were also given the duty of +electing four men from the shire from whom the exchequer was to +choose the sheriff of the year. Earl Montfort and certain barons +forced King Henry III to summon a Parliament in 1265 in which +the common people were represented officially by four knights +from every shire [county] and two burgesses from every borough. +This seems to be the time that the legend of Robin Hood robbing +the rich to give to the poor arose. + + +The Law + +The barons forced successive Kings to sign the Magna Carta until +it became the law of the land. It became the first statute of +the official statute book. It's provisions express the principle +that a King is bound by the law and is not above it. However, +there is no redress if the King breaches the law. + +The Magna Carta was issued by John in 1215. A revised version was +issued by Henry III in 1225 with the forest clauses separated +out into a forest charter. The two versions are replicated +together, with the formatting of each indicated in the titles +below. + +{Magna Carta - 1215} +Magna Carta - 1215 & 1225 +MAGNA CARTA - 1225 + +{John, by the grace of God, King of England, Lord of Ireland, +Duke of Normandy and Aquitaine, and Count of Anjou: To the +Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, +Foresters, Sheriffs, Reeves, Ministers, and all Bailiffs and +others, his faithful subjects, Greeting. Know ye that in the +presence of God, and for the health of our soul, and the souls +of our ancestors and heirs, to the honor of God, and the +exaltation of Holy Church, and amendment of our realm, by the +advice of our reverend Fathers, Stephen, Archbishop of +Canterbury, Primate of all England, and Cardinal of the Holy +Roman Church; Henry, Archbishop of Dublin; William of London, +Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh of +Lincoln, Walter of Worcester, William of Coventry, and Benedict +of Rochester, Bishops; Master Pandulph, the Pope's subdeacon and +familiar; Brother Aymeric, Master of the Knights of the Temple in +England; and the noble persons, William Marshall, Earl of +Pembroke; William, Earl of Salisbury; William, Earl of Warren; +William, Earl of Arundel; Alan de Galloway, Constable of +Scotland; Warin Fitz-Gerald, Peter Fitz-Herbert, Hubert de +Burgh, Seneshal of Poitou, Hugh de Neville, Matthew +Fitz-Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert +de Roppelay, John Marshall, John Fitz-Hugh, and others, our +liegemen:} + +HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE +OF NORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS, +BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, +OFFICERS AND TO ALL BAILIFFS AND OTHER OUR FAITHFUL SUBJECTS +WHICH SHALL SEE THIS PRESENT CHARTER, GREETING. + +KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE +SALVATION OF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS +OF ENGLAND, TO THE ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF +OUR REALM, OF OUR MEER AND FREE WILL, HAVE GIVEN AND GRANTED TO +ALL ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, AND TO +ALL FREE MEN OF THIS OUR REALM, THESE LIBERTIES FOLLOWING, TO BE +KEPT IN OUR KINGDOM OF ENGLAND FOREVER. + +[I. A CONFIRMATION OF LIBERTIES] + +First, we have granted to God, and by this our present Charter +confirmed, for us and our heirs forever, that the English Church +shall be free and enjoy her whole rights and her liberties +inviolable. {And that we will this so to be observed appears +from the fact that we of our own free will, before the outbreak +of the dissensions between us and our barons, granted, +confirmed, and procured to be confirmed by Pope Innocent III the +freedom of elections, which is considered most important and +necessary to the English Church, which Charter we will both keep +ourself and will it to be kept with good faith by our heirs +forever.} We have also granted to all the free men of our +realm, for us and our heirs forever, all the liberties +underwritten, to have and to hold to them and their heirs of us +and our heirs. + +[II. THE RELIEF OF THE KING'S TENANT OF FULL AGE] + +If any of our earls, barons, or others who hold of us in chief by +knight's service dies, and at the time of his death his heir is +of full age and owes to us a relief, he shall have his +inheritance on payment of [no more than] the old relief; to wit, +the heir or heirs of an earl, for an entire earldom, 100 pounds +[2,000s.]; the heir or heirs of a baron of an entire barony, {100 +pounds} 100 MARKS [67 POUNDS OR 1340s.]; the heir or heirs of an +entire knight's fee, 100s. at the most [about 1/3 of a knight's +annual income]; and he who owes less shall give less, according +to the old custom of fees. + +[III. THE WARDSHIP OF AN HEIR WITHIN AGE. THE HEIR A KNIGHT] + +BUT IF THE HEIR OF SUCH BE UNDER AGE, HIS LORD SHALL NOT HAVE THE +WARD OF HIM, NOR OF HIS LAND, BEFORE THAT HE HAS TAKEN OF HIM +HOMAGE. If, however, any such heir is under age and in ward, he +shall have his inheritance without relief or fine when he comes +of age, THAT IS, TWENTY-ONE YEARS OF AGE. SO THAT IF SUCH AN +HEIR NOT OF AGE IS MADE A KNIGHT, YET NEVERTHELESS HIS LAND SHALL +REMAIN IN THE KEEPING OF HIS LORD UNTO THE AFORESAID TERM. + +[IV. NO WASTE SHALL BE MADE BY A GUARDIAN IN WARD'S LANDS] + +The guardian of the land of any heir thus under age shall take +therefrom only reasonable issues, customs, and services, without +destruction or waste of men or goods. And if we commit the +custody of any such land to the sheriff or any other person +answerable to us for the issues of the same land, and he commits +destruction or waste, we will take an amends from him and +recompense therefore. And the land shall be committed to two +lawful and discreet men of that fee, who shall be answerable for +the issues of the same land to us or to whomsoever we shall have +assigned them. And if we give or sell the custody of any such +land to any man, and he commits destruction or waste, he shall +lose the custody, which shall be committed to two lawful and +discreet men of that fee, who shall, in like manner, be +answerable to us as has been aforesaid. + +[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND +OF BISHOPRICKS, ETC.] + +The guardian, so long as he shall have the custody of the land, +shall keep up and maintain the houses, parks, fishponds, pools, +mills, and other things pertaining thereto, out of the issues of +the same, and shall restore to the heir when he comes of age, +all his land stocked with {ploughs and tillage, according as the +season may require and the issues of the land can reasonable +bear} PLOUGHS AND ALL OTHER THINGS, AT THE LEAST AS HE RECEIVED +IT. ALL THESE THINGS SHALL BE OBSERVED IN THE CUSTODIES OF +VACANT ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES, CHURCHES, +AND DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCH +CUSTODY SHALL NOT BE SOLD. + +[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT] + +Heirs shall be married without loss of station. {And the marriage +shall be made known to the heir's nearest of kin before it is +contracted.} + +[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND +QUERENTINE. THE KING'S WIDOW, ETC.] + +A widow, after the death of her husband, shall immediately and +without difficulty have her marriage portion [property given to +her by her father] and inheritance. She shall not give anything +for her marriage portion, dower, or inheritance which she and +her husband held on the day of his death, and she may remain in +her husband's house for forty days after his death, within which +time her dower shall be assigned to her. IF THAT HOUSE IS A +CASTLE AND SHE LEAVES THE CASTLE, THEN A COMPETENT HOUSE SHALL +FORTHWITH BE PROVIDED FOR HER, IN WHICH SHE MAY HONESTLY DWELL +UNTIL HER DOWER IS ASSIGNED TO HER AS AFORESAID; AND IN THE +MEANTIME HER REASONABLE ESTOVERS [NECESSARIES OR SUPPLIES] OF THE +COMMON, ETC. + +No widow shall be compelled [by penalty of fine] to marry so long +as she has a mind to live without a husband, provided, however, +that she gives security that she will not marry without our +assent, if she holds of us, or that of the lord of whom she +holds, if she holds of another. + +[VIII. HOW SURETIES SHALL BE CHARGED TO THE KING] + +Neither we nor our bailiffs shall seize any land or rent for any +debt as long as the debtor's goods and chattels suffice to pay +the debt AND THE DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. +Nor shall the debtor's sureties be distrained as long as the +debtor is able to pay the debt. If the debtor fails to pay, not +having the means to pay, OR WILL NOT PAY ALTHOUGH ABLE TO PAY, +then the sureties shall answer the debt. And, if they desire, +they shall hold the debtor's lands and rents until they have +received satisfaction of that which they had paid for him, +unless the debtor can show that he has discharged his obligation +to them. + +{If anyone who has borrowed from the Jews any sum of money, great +or small, dies before the debt has been paid, the heir shall pay +no interest on the debt as long as he remains under age, of +whomsoever he may hold. If the debt falls into our hands, we +will take only the principal sum named in the bond.} + +{And if any man dies indebted to the Jews, his wife shall have +her dower and pay nothing of that debt; if the deceased leaves +children under age, they shall have necessaries provided for +them in keeping with the estate of the deceased, and the debt +shall be paid out of the residue, saving the service due to the +deceased's feudal lords. So shall it be done with regard to debts +owed persons other than Jews.} + +[IX. THE LIBERTIES OF LONDON AND OTHER CITIES AND TOWNS +CONFIRMED] + +The City of London shall have all her old liberties and free +customs, both by land and water. Moreover, we will and grant +that all other cities, boroughs, towns, and ports shall have all +their liberties and free customs. + +{No scutage or aid shall be imposed in our realm unless by common +counsel thereof, except to ransom our person, make our eldest +son a knight, and once to marry our eldest daughter, and for +these only a reasonable aid shall be levied. So shall it be with +regard to aids from the City of London.} + +{To obtain the common counsel of the realm concerning the +assessment of aids (other than in the three aforesaid cases) or +of scutage, we will have the archbishops, bishops, abbots, +earls, and great barons individually summoned by our letters; we +will also have our sheriffs and bailiffs summon generally all +those who hold lands directly of us, to meet on a fixed day, but +with at least forty days' notice, and at a fixed place. In all +such letters of summons, we will explain the reason therefor. +After summons has thus been made, the business shall proceed on +the day appointed, according to the advice of those who are +present, even though not all the persons summoned have come.} + +{We will not in the future grant permission to any man to levy an +aid upon his free men, except to ransom his person, make his +eldest son a knight, and once to marry his eldest daughter, and +on each of these occasions only a reasonable aid shall be +levied.} + +[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.] + +No man shall be compelled to perform more service for a knight's +fee nor any freehold than is due therefrom. + +[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT] + +People who have Common Pleas shall not follow our Court traveling +about the realm, but shall be heard in some certain place. + +[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT +FOR DIFFICULTY] + +{Land assizes of novel disseisin, mort d'ancestor and darrein +presentment shall be heard only in the county where the property +is situated, and in this manner: We or, if we are not in the +realm, our Chief Justiciary, shall send two justiciaries through +each county four times a year [to clear and prevent backlog], +and they, together with four knights elected out of each county +by the people thereof, shall hold the said assizes in the county +court, on the day and in the place where that court meets.} + +ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY +IN THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS +MANNER: WE, OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, +SHALL SEND JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND +THEY TOGETHER WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID +ASSIZES IN THE COUNTY. + +{If the said assizes cannot be held on the day appointed, so many +of the knights and freeholders as were present on that day shall +remain as will be sufficient for the administration of justice, +according to the amount of business to be done.} + +AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, +BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE +DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR +CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES +CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES +OF THE BENCH AND THERE SHALL BE ENDED. + +[XIII. ASSIZES OF DARREIN PRESENTMENT] + +ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR +JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED. + +[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM] + +A free man shall be amerced [made to pay a fine to the King] for +a small offence only according to the degree thereof, and for a +serious offence according to its magnitude, saving his position +and livelihood; and in like manner a merchant, saving his trade +and merchandise, and a villein saving his tillage, if they +should fall under our mercy. None of these amercements shall be +imposed except by the oath of honest men of the neighborhood. + +Earls and barons shall be amerced only by their peers, and only +in accordance with the seriousness of the offense. + +{No amercement shall be imposed upon a cleric's lay tenement, +except in the manner of the other persons aforesaid, and without +regard to the value of his ecclesiastical benefice.} + +NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH +THE SERIOUSNESS OF THE OFFENCE AND AFTER HIS LAY TENEMENT, BUT +NOT AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE. + +[XV. MAKING OF BRIDGES AND BANKS] + +No town or freeman shall be compelled to build bridges over +rivers OR BANKS except those bound by old custom and law to do +so. + +[XVI. DEFENDING OF BANKS] + +NO BANKS [LAND NEAR A RIVER] SHALL BE DEFENDED [USED BY THE KING +ALONE, E.G. FOR HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN +DEFENCE IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE +SAME PLACES AND IN THE SAME BOUNDS AS IN HIS TIME. + +[XVII. HOLDING PLEAS OF THE CROWN] + +No sheriff, constable, coroners, or other of our bailiffs shall +hold pleas of our Crown [but only justiciars, to prevent +disparity of punishments and corruption]. + +{All counties, hundreds, wapentakes, and tithings (except our +demesne manors) shall remain at the old rents, without any +increase.} + +[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID] + +If anyone holding a lay fee of us dies, and our sheriff or our +bailiff show our letters patent [public letter] of summons for a +debt due to us from the deceased, it shall be lawful for such +sheriff or bailiff to attach and list the goods and chattels of +the deceased found in the lay fee to the value of that debt, by +the sight and testimony of lawful men [to prevent taking too +much], so that nothing thereof shall be removed therefrom until +our whole debt is paid; then the residue shall be given up to +the executors to carry out the will of the deceased. If there is +no debt due from him to us, all his chattels shall remain the +property of the deceased, saving to his wife and children their +reasonable shares. + +{If any free man dies intestate, his chattels shall be +distributed by his nearest kinfolk and friends, under +supervision of the Church, saving to each creditor the debts +owed him by the deceased.} + +[XIX. PURVEYANCE FOR A CASTLE] + +No constable or other of our bailiffs shall take grain or other +chattels of any man without immediate payment, unless the seller +voluntarily consents to postponement of payment. THIS APPLIES +IF THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE +MAN IS OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL +BE PAID TO HIM WITHIN 40 DAYS. + +[XX. DOING OF CASTLE-GUARD] + +No constable shall compel any knight to give money for keeping of +his castle in lieu of castle-guard when the knight is willing to +perform it in person or, if reasonable cause prevents him from +performing it himself, by some other fit man. Further, if we +lead or send him into military service, he shall be excused from +castle-guard for the time he remains in service by our command. + +[XXI. TAKING OF HORSES, CARTS, AND WOOD] + +No sheriff or bailiff of ours, or any other man, shall take +horses or carts of any free man for carriage without the owner's +consent. HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH +TWO HORSES, 10d. A DAY; FOR THREE HORSES, 14d. A DAY. NO DEMESNE +CART OF ANY SPIRITUAL PERSON OR KNIGHT OR ANY LORD SHALL BE +TAKEN BY OUR BAILIFFS. + +Neither we nor our bailiffs will take another man's wood for our +castles or for other of our necessaries without the owner's +consent. + +[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING] + +We will hold the lands of persons convicted of felony for only a +year and a day [to remove the chattels and moveables], after +which they shall be restored to the lords of the fees. + +[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED] + +All fishweirs [obstructing navigation] shall be entirely removed +by the Thames and Medway rivers, and throughout England, except +upon the seacoast. + +[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE] + +The [royal] writ called "praecipe in capite" shall not in the +future be granted to anyone respecting any freehold if thereby a +free man may not be tried in his lord's court. + +[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM] + +There shall be one measure of wine throughout our realm, one +measure of ale, and one measure of grain, to wit, the London +quarter, and one breadth of dyed cloth, russets, and haberjets, +to wit, two {ells} YARDS within the selvages. As with measures +so shall it also be with weights. + +[XXVI. INQUISITION OF LIFE AND LIMB] + +Henceforth nothing shall be given or taken for a writ of +inquisition upon life or limb, but it shall be granted freely +and not denied. + +[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S +SERVICE. PETIT SERJEANTY.] + +If anyone holds of us by fee farm, socage, or burgage, and also +holds land of another by knight's service, we will not by reason +of that fee farm, socage, or burgage have the wardship of his +heir, or the land which belongs to another man's fee. Nor will +we have the custody of such fee farm, socage, or burgage unless +such fee farm owe knight's service. We will not have the wardship +of any man's heir, or the land which he holds of another by +knight's service, by reason of any petty serjeanty which he +holds of us by service of rendering us knives, arrows, or the +like. + +[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS] + +In the future no [royal] bailiff shall upon his own unsupported +accusation put any man to trial or oath without producing +credible witnesses to the truth of the accusation. + +[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT +BE SOLD OR DELAYED.] + +No free man shall be taken, imprisoned, disseised OF HIS FREEHOLD +OR LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in +any way ruined, nor will we prosecute or condemn him, except by +the lawful judgment of his peers or by the law of the land. + +To no one will we sell [by bribery], to none will we deny or +delay, right or justice. + +[XXX. MERCHANT STRANGERS COMING INTO THIS REALM SHALL BE WELL +USED] + +All merchants shall have safe conduct to go and come out of and +into England, and to stay in and travel through England by land +and water, to buy and sell, without evil tolls, in accordance +with old and just customs, except, in time of war, such +merchants as are of a country at war with us. If any such be +found in our realm at the outbreak of war, they shall be +detained, without harm to their bodies or goods, until it be +known to us or our Chief Justiciary how our merchants are being +treated in the country at war with us. And if our merchants are +safe there, then theirs shall be safe with us. + +{Henceforth anyone, saving his allegiance due to us, may leave +our realm and return safely and securely by land and water, +except for a short period in time of war, for the common benefit +of the realm.} + +[XXXI. TENURE OF A BARONY COMING INTO THE KING'S HANDS BY +ESCHEAT] + +If anyone dies holding of any escheat, such as the honor of +Wallingford, Nottingham, Boulogne, {Lancaster,} or other +escheats which are in our hands and are baronies, his heir shall +not give any relief or do any service to us other than he would +owe to the baron, if such barony had been in the baron's hands. +And we will hold the escheat in the same manner in which the +baron held it. NOR SHALL WE HAVE, BY OCCASION OF ANY BARONY OR +ESCHEAT, ANY ESCHEAT OR KEEPING OF ANY OF OUR MEN, UNLESS HE WHO +HELD THE BARONY OR ESCHEAT ELSEWHERE HELD OF US IN CHIEF. + + Persons dwelling outside the forest need not in the future come +before our justiciaries of the forest in answer to a general +summons unless they are impleaded or are sureties for any person +or persons attached for breach of forest laws. + + [XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE +LORD'S SERVICE] + +NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS +LAND, BUT SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE +FEE MAY HAVE THE SERVICE DUE TO HIM WHICH BELONGS TO THE FEE. + +{We will appoint as justiciaries, constables, sheriffs, or +bailiffs only such men as know the law of the land and will keep +it well.} + +[XXXIII. PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF THEM WHEN +VACANT] + +All barons who had founded abbeys of which they have charters of +English Kings or old tenure, shall have the custody of the same +when vacant, as is their due. + + All forests which have been created in our time shall forthwith +be disafforested. {So shall it be done with regard to river +banks which have been enclosed by fences in our time.} + +{All evil customs concerning forests and warrens [livestock +grounds in forests], foresters and warreners, sheriffs and their +officers, or riverbanks and their conservators shall be +immediately investigated in each county by twelve sworn knights +of such county, who are chosen by honest men of that county, and +shall within forty days after this inquest be completely and +irrevocably abolished, provided always that the matter has first +been brought to our knowledge, or that of our justiciars, if we +are not in England.} + +{We will immediately return all hostages and charters delivered +to us by Englishmen as security for the peace or for the +performance of loyal service.} + +{We will entirely remove from their offices the kinsmen of Gerald +de Athyes, so that henceforth they shall hold no office in +England: Engelard de Cigogne, Peter, Guy, and Andrew de +Chanceaux, Guy de Cigogne, Geoffrey de Martigny and his +brothers, Philip Mark and his brothers, and Geoffrey his nephew, +and all their followers.} + +{As soon as peace is restored, we will banish from our realm all +foreign knights, crossbowmen, sergeants, and mercenaries, who +have come with horses and arms, to the hurt of the realm.} + +{If anyone has been disseised or deprived by us, without the +legal judgment of his peers, of lands, castles, liberties, or +rights, we will immediately restore the same, and if any +disagreement arises on this, the matter shall be decided by +judgment of the twenty-five barons mentioned below in the clause +for securing the peace. With regard to all those things, +however, of which any man was disseised or deprived, without the +legal judgment of his peers, by King Henry [II] our Father or +our Brother King Richard, and which remain in our hands or are +held by others under our warranty, we shall have respite during +the term commonly allowed to the Crusaders, excepting those +cases in which a plea was begun or inquest made on our order +before we took the cross; when, however, we return from our +pilgrimage, or if perhaps we do not undertake it, we will at +once do full justice in these matters.} + +{Likewise, we shall have the same respite in rendering justice +with respect to the disafforestation or retention of those +forests which Henry [II] our Father or Richard our Brother +afforested, and concerning custodies of lands which are of the +fee of another, which we hitherto have held by reason of the fee +which some person has held of us by knight's service, and to +abbeys founded on fees other than our own, in which the lord of +that fee asserts his right. When we return from our pilgrimage, +or if we do not undertake it, we will forthwith do full justice +to the complainants in these matters.} + +[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH] + +No one shall be arrested or imprisoned upon a woman's appeal for +the death of any person other than her husband [since no woman +was expected to personally engage in trial by battle]. + +[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN +AND A LEET (COURT OF CRIMINAL JURISDICTION EXCEPTING FELONIES)] + +NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO +MONTH; AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE +GREATER. NOR SHALL ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN +THE HUNDRED BUT TWICE IN THE YEAR; AND NO WHERE BUT IN DUE PLACE +AND ACCUSTOMED TIME, THAT IS, ONCE AFTER EASTER, AND AGAIN AFTER +THE FEAST OF SAINT MICHAEL. AND THE VIEW OF FRANKPLEDGE [THE +RIGHT OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS +EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE +LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT +OF THE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] +SHALL BE LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT +OCCASION, SO THAT EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, +OR USED TO HAVE, IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, +OR WHICH HE HAS SINCE PURCHASED. THE VIEW OF FRANKPLEDGE SHALL +BE SO DONE, THAT OUR PEACE MAY BE KEPT; AND THAT THE TYTHING BE +WHOLLY KEPT AS IT HAS BEEN ACCUSTOMED; AND THAT THE SHERIFF SEEK +NO OCCASIONS, AND THAT HE BE CONTENT WITH SO MUCH AS THE SHERIFF +WAS WONT TO HAVE FOR HIS VIEW-MAKING IN THE TIME OF KING HENRY +OUR GRANDFATHER. + +[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN] + +IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO +ANY RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF +THE SAME HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE +TEMPORAL LORD]. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION +TO TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM +HE RECEIVED IT. IF ANY FROM HENCEFORTH GIVE HIS LANDS TO ANY +RELIGIOUS HOUSE, AND THEREUPON BE CONVICTED, THE GIFT SHALL BE +UTTERLY VOID, AND THE LAND SHALL ACCRUE TO THE LORD OF THE FEE. + +{All fines unjustly and unlawfully given to us, and all +amercements levied unjustly and against the law of the land, +shall be entirely remitted or the matter decided by judgment of +the twenty-five barons mentioned below in the clause for +securing the peace, or the majority of them, together with the +aforesaid Stephen, Archbishop of Canterbury, if he himself can be +present, and any others whom he may wish to bring with him for +the purpose; if he cannot be present, the business shall +nevertheless proceed without him. If any one or more of the said +twenty-five barons has an interest in a suit of this kind, he or +they shall step down for this particular judgment, and be +replaced by another or others, elected and sworn by the rest of +the said barons, for this occasion only.} + +{If we have disseised or deprived the Welsh of lands, liberties, +or other things, without legal judgment of their peers, in +England or Wales, they shall immediately be restored to them, +and if a disagreement arises thereon, the question shall be +determined in the Marches by judgment of their peers according +to the law of England as to English tenements, the law of Wales +as to Welsh tenements, the law of the Marches as to tenements in +the Marches. The same shall the Welsh do to us and ours.} + +{But with regard to all those things of which any Welshman was +disseised or deprived, without legal judgment of his peers, by +King Henry [II] our Father or our Brother King Richard, and +which we hold in our hands or others hold under our warranty, we +shall have respite during the term commonly allowed to the +Crusaders, except as to those matters whereon a suit had arisen +or an inquisition had been taken by our command prior to our +taking the cross. Immediately after our return from our +pilgrimage, or if by chance we do not undertake it, we will do +full justice according to the laws of the Welsh and the +aforesaid regions.} + +{We will immediately return the son of Llywelyn, all the Welsh +hostages, and the charters which were delivered to us as +security for the peace.} + +{With regard to the return of the sisters and hostages of +Alexander, King of the Scots, and of his liberties and rights, +we will do the same as we would with regard to our other barons +of England, unless it appears by the charters which we hold of +William his father, late King of the Scots, that it ought to be +otherwise; this shall be determined by judgment of his peers in +our court.} + +[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF +THE FOREST, GRANTED TO THE KING.] + +ESCUAGE [SHIELD MILITARY SERVICE] FROM HENCEFORTH SHALL BE TAKEN +AS IT WAS WONT TO BE IN THE TIME OF KING HENRY [II] OUR +GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS, ABBOTS, +PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS +AS WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE +CUSTOMS, WHICH THEY HAVE HAD IN TIME PASSED. AND ALL THESE +CUSTOMS AND LIBERTIES AFORESAID, WHICH WE HAVE GRANTED TO BE +HELD WITHIN THIS OUR REALM, AS MUCH AS PERTAINS TO US AND OUR +HEIRS, WE SHALL OBSERVE. + +{All the customs and liberties aforesaid, which we have granted +to be enjoyed, as far as it pertains to us towards our people +throughout our realm, let all our subjects, whether clerics or +laymen, observe, as far as it pertains toward their dependents.} + +AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS +MUCH AS IN THEM IS) SHALL OBSERVE THE SAME AGAINST ALL PERSONS +IN LIKE WISE. AND FOR THIS OUR GIFT AND GRANT OF THESE +LIBERTIES, AND OF OTHER CONSTRAINED IN OUR CHARTER OF LIBERTIES +OF OUR FOREST, THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, +BARONS, KNIGHTS, FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN +UNTO US THE FIFTEENTH PART OF ALL THEIR MOVEABLES. AND WE HAVE +GRANTED UNTO THEM ON THE OTHER PART, THAT NEITHER WE, NOR OUR +HEIRS, SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN +THIS CHARTER CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY +THING BE PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT +SHALL BE HAD OF NO FORCE NOR EFFECT. + + {Whereas we, for the honor of God and the reform of our realm, +and in order the better to allay the discord arisen between us +and our barons, have granted all these things aforesaid. We, +willing that they be forever enjoyed wholly and in lasting +strength, do give and grant to our subjects the following +security, to wit, that the barons shall elect any twenty-five +barons of the realm they wish, who shall, with their utmost +power, keep, hold, and cause to be kept the peace and liberties +which we have granted unto them and by this our present Charter +have confirmed, so that if we, our Justiciary, bailiffs, or any +of our ministers offends in any respect against any man, or +transgresses any of these articles of peace or security, and the +offense is brought before four of the said twenty- five barons, +those four barons shall come before us, or our Chief Justiciary +if we are out of the realm, declaring the offense, and shall +demand speedy amends for the same. If we or, in case of our +being out of the realm, our Chief Justiciary fails to afford +redress within forty days from the time the case was brought +before us or, in the event of our having been out of the realm, +our Chief Justiciary, the aforesaid four barons shall refer the +matter to the rest of the twenty-five barons, who, together with +the commonalty of the whole country, shall distrain and +distress us to the utmost of their power, to wit, by capture of +our castles, lands, and possessions and by all other possible +means, until compensation is made according to their decision, +saving our person and that of our Queen and children; as soon as +redress has been had, they shall return to their former +allegiance. Anyone in the realm may take oath that, for the +accomplishment of all the aforesaid matters, he will obey the +orders of the said twenty-five barons and distress us to the +utmost of his power; and we give public and free leave to +everyone wishing to take oath to do so, and to none will we deny +the same. Moreover, all such of our subjects who do not of their +own free will and accord agree to swear to the said twenty-five +barons, to distrain and distress us together with them, we will +compel to do so by our command in the aforesaid manner. If any +one of the twenty-five barons dies or leaves the country or is +in any way hindered from executing the said office, the rest of +the said twenty-five barons shall choose another in his stead, at +their discretion, who shall be sworn in like manner as the +others. In all cases which are referred to the said twenty-five +barons to execute, and in which a difference arises among them, +supposing them all to be present, or in which not all who have +been summoned are willing or able to appear, the verdict of the +majority shall be considered as firm and binding as if the whole +number had been of one mind. The aforesaid twenty-five shall +swear to keep faithfully all the aforesaid articles and, to the +best of their power, to cause them to be kept by others. We will +not procure, either by ourself or any other, anything from any +man whereby any of these concessions or liberties may be revoked +or abated. If any such procurement is made, let it be null and +void; it shall never be made use of either by us or by any +other.} + +{We have also fully forgiven and pardoned all ill-will, wrath, +and malice which has arisen between us and our subjects, both +clergy and laymen, during the disputes, to and with all men. +Moreover, we have fully forgiven and, as far as it pertains to +us, wholly pardoned to and with all, clergy and laymen, all +offences made in consequence of the said disputes from Easter in +the sixteenth year of our reign until the restoration of peace. +Over and above this, we have caused letters patent to be made +for Stephen, Archbishop of Canterbury, Henry, Archbishop of +Dublin, the above-mentioned Bishops, and Master Pandulph, for the +aforesaid security and concessions.} + +{Wherefore we will that, and firmly command that, the English +Church shall be free and all men in our realm shall have and +hold all the aforesaid liberties, rights, and concessions, well +and peaceably, freely, quietly, fully, and wholly, to them and +their heirs, of us and our heirs, in all things and places +forever, as is aforesaid. It is moreover sworn, as will on our +part as on the part of the barons, that all these matters +aforesaid shall be kept in good faith and without deceit. +Witness the above-named and many others. Given by our hand in the +meadow which is called Runnymede, between Windsor and Staines, +on the fifteenth day of June in the seventeenth year of our +reign.} + +THESE BEING WITNESSES: LORD S. ARCHBISHOP OF CANTERBURY, E. +BISHOP OF LONDON, F. BISHOP OF BATHE, G. OF WINCESTER, H. OF +LINCOLN, R. OF SALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. +OF ELY, H. OF HEREFORD, R. OF CHICHESTER, W. OF EXETER, +BISHOPS; THE ABBOT OF ST. EDMONDS, THE ABBOT OF ST. ALBANS, THE +ABBOT OF BELLO, THE ABBOT OF ST. AUGUSTINES IN CANTERBURY, THE +ABBOT OF EVESHAM, THE ABBOT OF WESTMINSTER, THE ABBOT OF BOURGH +ST. PETER, THE ABBOT OF REDING, THE ABBOT OF ABINDON, THE ABBOT +OF MALMBURY, THE ABBOT OF WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT +OF CERTESEY, THE ABBOT OF SHERBURN, THE ABBOT OF CERNE, THE +ABBOT OF ABBOREBIR, THE ABBOT OF MIDDLETON, THE ABBOT OF +SELEBY, THE ABBOT OF CIRENCESTER, H. DE BURGH JUSTICE, H. EARL +OF CHESTER AND LINCOLN, W. EARL OF SALISBURY, W. EARL OF +WARREN, G. DE CLARE EARL OF GLOUCESTER AND HEREFORD, W. DE +FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF ESSEX, H. DE +BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. EARL OF +HEREFORD, F. CONSTABLE OF CHESTER, G. DE TOS, H. FITZWALTER, +R. DE BYPONTE, W. DE BRUER, R. DE MONTEFICHET, P. FITXHERBERT, W. +DE AUBENIE, F. GRESLY, F. DE BREUS, F. DE MONEMUE, F. FITZALLEN, +H. DE MORTIMER, W. DE BEUCHAMP, W. DE ST. JOHN, P. DE MAULI, +BRIAN DE LISLE, THOMAS DE MULTON, R. DE ARGENTEYN, G. DE NEVIL, +W. DE MAUDUIT, F. DE BALUN, AND OTHERS. GIVEN AT WESTMINSTER THE +11TH DAY OF FEBRUARY THE 9TH YEAR OF OUR REIGN. + +WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID, +CONFIRM AND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS +PERPETUALLY, AND BY THE TENOUR OF THESE PRESENTS, DO RENEW THE +SAME; WILLING AND GRANTING FOR US AND OUR HEIRS, THAT THIS +CHARTER, AND ALL SINGULAR HIS ARTICLES, FOREVER SHALL BE +STEDFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IF ANY ARTICLE +IN THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTURE HAS NOT +BEEN KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROM +HENCEFORTH FIRMLY THEY BE OBSERVED. + + Statutes which were enacted after the Magna Carta follow: + +Nuisance is recognized by this statute: "Every freeman, without +danger, shall make in his own wood, or in his land, or in his +water, which he has within our Forest, mills, springs, pools, +clay pits, dikes, or arable ground, so that it does not annoy +any of his neighbors." + +Anyone taking a widow's dower after her husband's death must not +only return the dower, but pay damages in the amount of the +value of the dower from the time of death of the husband until +her recovery of seisin. + +Widows may bequeath the crop of their ground as well of their +dowers as of their other lands and tenements. + + Freeholders of tenements on manors shall have sufficient ingress +and egress from their tenements to the common pasture and as +much pasture as suffices for their tenements. + +"Grain shall not be taken under the pretense of borrowing or the +promise of after-payment without the permission of the owner." + +"A parent or other who forcefully leads away and withholds, or +marries off, an heir who is a minor (under 14), shall yield the +value of the marriage and be imprisoned until he has satisfied +the King for the trespass. If an heir 14 years or older marries +without his Lord's permission to defraud him of the marriage and +the Lord offers him reasonable and convenient marriage, without +disparagement, then the Lord shall hold his land beyond the term +of his age, that, of twenty one years, so long that he may +receive double the value of the marriage as estimated by lawful +men, or after as it has been offered before without fraud or +collusion, and after as it may be proved in the King's Court. +Any Lord who marries off a ward of his who is a minor and cannot +consent to marriage, to a villain or other, such as a burgess, +whereby the ward is disparaged, shall lose the wardship and all +its profits if the ward's friends complain of the Lord. The +wardship and profit shall be converted to the use of the heir, +for the shame done to him, after the disposition and provision of +his friends." (The marriage could be annulled by the church.) + +"If an heir of whatever age will not marry at the request of his +Lord, he shall not be compelled thereunto; but when he comes of +age, he shall pay to his Lord the value of the marriage before +receiving his land, whether or not he himself marries." + +"Interest shall not run against any minor, from the time of death +of his ancestor until his lawful age; so nevertheless, that the +payment of the principal debt, with the interest that was before +the death of his ancestor shall not remain." + +The value of debts to be repaid to the King or to any man shall +be reasonably determined by the debtor's neighbors and not by +strangers. A debtors' plough cattle or sheep cannot be taken to +satisfy a debt. + +The wards and escheats of the King shall be surveyed yearly by +three people assigned by the King. The Sheriffs, by their +counsel, shall approve and let to farm such wards and escheats +as they think most profitable for the King. The Sheriffs shall +be answerable for the issues thereof in the Exchequer at +designated times. The collectors of the customs on wool exports +shall pay this money at the two designated times and shall make +yearly accounts of all parcels in ports and all ships. + +By statute leap year was standardized throughout the nation, "the +day increasing in the leap year shall be accounted in that +year", "but it shall be taken and reckoned in the same month +wherein it grew and that day and the preceding day shall be +counted as one day." + +"An English penny, called a sterling, round and without any +clipping, shall weigh 32 wheat grains dry in the middle of the +ear." + +Measurements of distance were standardized to twelve inches to a +foot, three feet to a yard, and so forth up to an acre of land. + +Goods which could only be sold by the standard weights and +measures (such as ounces, pounds, gallons, bushels) included +sacks of wool, leather, skins, ropes, glass, iron, lead, canvas, +linen cloth, tallow, spices, confections cheese, herrings, +sugar, pepper, cinnamon, nutmeg, wheat, barley, oats, bread, and +ale. The prices required for bread and ale were based on the +market price for the wheat, barley, and oats from which they +were made. + +The punishment for repeated violations of required measures, +weights, or prices of bread and ale by a baker or brewer; +selling of spoiled or unwholesome wine, meat, fish by brewers, +butchers, or cooks; or a steward or bailiff receiving a bribe +was reduced to placement in a pillory with a shaven head so that +these men would still be fit for military service and not +overcrowd the jails. + +Forest penalties were changed so that "No man shall lose either +life or member [limb] for killing of our deer. But if any man be +taken and convicted for taking our venison, he shall make a +grievous fine, if he has anything. And if he has nothing to +lose, he shall be imprisoned for a year and a day. And after +that, if he can find sufficient sureties, he shall be delivered, +and, if not, he shall abjure the realm of England." + +The Forest Charter provided that: Every freeman may allow his +pigs to eat in his own wood in the King's forest. He may also +drive his pigs there through the King's forest and tarry one +night within the forest without losing any of his pigs. But +people having greyhounds must keep them out of the forest so they +don't maim the deer. + +The Forest Charter also allowed magnates traveling through the +King's forest on the King's command to come to him, to kill one +or two deer as long as it was in view of the forester if he was +present, or while having a horn blown, so it did not seem to be +theft. + +After a period of civil war, the following statutes were enacted: + +"All persons, as well of high as of low estate, shall receive +justice in the King's Court; and none shall take any such +revenge or distress by his own authority, without award of our +court, although he is damaged or injured, whereby he would have +amends of his neighbor either higher or lower." The penalty is a +fine according to the trespass. + +A fraudulent conveyance to a minor or lease for a term of years +made to defraud a Lord of a wardship shall be void. A Lord who +maliciously and wrongfully alleges this to a court shall pay +damages and costs. + +If a Lord will not render unto an heir his land when he comes of +age or takes possession away from an heir of age or removes +anything from the land, he shall pay damages. + +Kinsmen of a minor heir who have custody of his land held in +socage shall make no waste, sale, nor destruction of the +inheritance and shall answer to the heir when he comes of age +for the issues of the land, except for the reasonable costs of +these guardians. + +No lord may distrain any of his tenants. No one may drive animals +taken by distraint out of the shire where they have been taken. + +"Farmers during their terms, shall not make waste, sale, nor +exile of house, woods, and men, nor of any thing else belonging +to the tenements which they have to farm". + +Henry de Bracton, a royal judge and the last great ecclesiastical +lawyer, wrote an unfinished treatise: A Tract on the Laws and +Customs of England, systematizing and organizing the law of the +court rolls with definitions and general concepts and describing +court practice and procedure. It was influenced by his knowledge +of Roman legal concepts, such as res judicata, and by his own +opinions, such as that the law should go from precedent to +precedent. He also argued that the will and intent to injure was +the essence of murder, so that neither an infant nor a madman +should be held liable for such and that degrees of punishment +should vary with the level of moral guilt in a killing. He +thought the deodand to be unreasonable. + +Bracton defines the requirements of a valid and effective gift +as: "It must be complete and absolute, free and uncoerced, +extorted neither by fear nor through force. Let money or service +play no part, lest it fall into the category of purchase and +sale, for if money is involved there will them be a sale, and if +service, the remuneration for it. If a gift is to be valid the +donor must be of full age, for if a minor makes a gift it will be +ineffective since (if he so wishes) it shall be returned to him +in its entirety when he reaches full age. Also let the donor +hold in his own name and not another's, otherwise his gift may +be revoked. And let him, at the least, be of sound mind and good +memory, though an invalid, ill and on his death bed, for a gift +make under such conditions will be good if all the other +[requirements] of a valid gift are met. For no one, provided he +is of good memory, ought to be kept from the administration or +disposition of his own property when affected by infirmity, +since it is only then that he must make provision for his +family, his household and relations, given stipends and settle +his bequests; otherwise such persons might suffer damage without +fault. But since charters are sometimes fraudulently drawn and +gifts falsely taken to be made when they are not, recourse must +therefore be had to the country and the neighborhood so that the +truth may be declared." + +In Bracton's view, a villein could buy his own freedom and the +child of a mixed marriage was free unless he was born in the +tenement of his villein parent. + + +Judicial Procedure + +The Royal Court split up into several courts with different +specialties and became more like departments of state than +offices of the King's household. The judges were career civil +servants knowledgeable in the civil and canon law. The Court of +Common Pleas heard civil cases brought by one subject against +another. Pursuant to the Magna Carta, it sat only at one place, +Westminster Hall in London. Its records were the de banco rolls. +The Court of the Exchequer with its subsidiary department of the +Treasury was in almost permanent session at Westminster, +collecting the Crown's revenue and enforcing the Crown's rights. +The Court of the King's Bench (a marble slab in Westminster upon +which the throne was placed) traveled with the King and heard +criminal cases and pleas of the Crown. Its records were the +coram rege rolls. The title of the Chief Justiciar of England +changed to the Chief Justice of England. + +Appeals from these courts could be made to the King and his +council. + +Crown pleas included issues of the King's property, fines due to +him, murder (a body found with no witnesses to a killing), +homicide (a killing for which there were witnesses), rape, +wounding, mayhem, consorting, larceny, robbery, burglary, arson, +poaching, unjust imprisonment, selling cloth by non-standard +widths, selling wine by non-standard weights. + +Royal judges called justices in eyre traveled to the shires every +seven years. There, they gave interrogatories to local assizes +of twelve men to determine what had happened there since the +last eyre. Every crime, every invasion of royal rights, and +every neglect of police duties was to be presented and tried. +The assize ultimately evolved into the jury of verdict, which +replaced ordeal, compurgation, and battle as the method of +finding the truth. Suspects were failed until their cases could +be heard and jail breaks were common. + +Royal coroners held inquests on all sudden deaths to determine +whether they were accidental or not. If not, royal justices held +trial. They also had duties in treasure troves and shipwreck +cases. + +The hundred court decided cases of theft, viewing of boundaries +of land, claims for tenurial services, claims for homage, +relief, and for wardship; enfeoffments made, battery and brawls +not amounting to felony, wounding and maiming of beasts, +collection of debts, trespass, detinue and covenant, defamation, +and enquiries and presentments arising from the assizes of bread +and ale and measures. + +Still in existence is the old self-help law of hamsocne, the +thief hand- habbende, the thief back-berend, the old summary +procedure where the thief is caught in the act, AEthelstan's +laws, Edward the Confessor's laws, and Kent's childwyte [fine +for begetting a bastard on a lord's female bond slave]. Under +the name of "actio furti" [appeal of larceny] is the old process +by which a thief can be pursued and goods vindicated. As before +and for centuries later, the deodand [any personal chattel which +was the immediate cause of death] was forfeited "to God". These +chattel were usually carts, cart teams, horses, boats, and +mill-wheels. + +Five cases with short summaries are: + +CASE: "John Croc was drowned from his horse and cart in the water +of Bickney. Judgment: misadventur. The price of the horse and +cart is 4s.6d. 4s.6d. deodand." + +CASE: "Willam Ruffus was crushed to death by a certain trunk. The +price of the trunk is 4d., for which the sheriff is to answer. +4d. deodand." + +CASE: "William le Hauck killed Edric le Poter and fled, so he is +to be exacted and outlawed. He was in the tithing of Reynold +Horloc in Clandon of the abbot of Chertsey (West Clandon), so it +is in mercy. His chattels were 4 s., for which the bailiff of +the abbot of Chertsey is to answer." + +CASE: "Richard de Bregsells, accused of larceny, comes and denies +the whole and puts himself on the country for good or ill. The +twelve jurors and four vills say that he is not guilty, so he is +quit." + +CASE: William le Wimpler and William Vintner sold wine contrary +to the statute, so they are in mercy. + +Other cases dealt with issues of entry, i.e. whether land was +conveyed or just rented; issues of whether a man was free, for +which his lineage was examined; issues of to which lord a +villein belonged; issues of nuisance such as making or +destroying a bank, ditch, or hedge; diverting a watercourse or +damming it to make a pool; obstructing a road, and issues of +what grazing rights were conveyed in pasture land, waste, woods, +or arable fields between harvest and sowing. Grazing right +disputes usually arose from the ambiguous language in the grant +of land "with appurtances". + +Courts awarded specific relief as well as money damages. If a +landlord broke his covenant to lease land for a term of years, +the court restored possession to the lessee. If a lord did not +perform the services due to his superior lord, the court ordered +him to perform the services. The courts also ordered repair by a +lessee. + +Debts of country knights and freeholders were heard in the local +courts; debts of merchants and burgesses were heard in the +courts of the fairs and boroughs; debts due under wills and +testaments were heard in the ecclesiastical courts. The +ecclesiastical courts deemed marriage to legitimize bastard +children whose parents married, so they inherited chattels and +money of their parents. Proof was by compurgation, the ordeal +having been abolished by the Church. + +Trial by battle is still available, although it is extremely rare +for the duel to actually take place. + +The manor court imposed penalties on those who did not perform +their services to the manor and the lord wrote down the customs +of the manor for future use in other courts. + +By statute, no fines could be taken of any man for fair pleading +in the Circuit of Justiciars, shire, hundred, or manor courts. + +Various statutes relaxed the requirements for attendance at court +of those who were not involved in a case as long as there were +enough to make the inquests fully. And "every freeman who owes +suit to the county, tything, hundred, and wapentake, or to the +Court of his Lord, may freely make his attorney attend for him." + +In Chancery, the court of the Chancellor, if there is a case with +no remedy specified in the law, that is similar to a situation +for which there is a writ, then a new writ may be made for that +case. (By this will later be expanded the action of trespass, +which even later has offshoots of misdemeanor and the tort of +trespass.) + + + + + +Chapter 8 + +The Times: 1272-1348 + +King Edward I was respected by the people for his good +government, practical wisdom, and genuine concern for justice +for everyone. He loved his people and wanted them to love him. +He came to the throne with twenty years experience governing +lesser lands on the continent which were given to him by his +father Henry III. He gained a reputation as a lawgiver and as a +peacemaker in disputes on the continent. He had close and solid +family relationships, especially with his father and with his +wife Eleanor, to whom he was faithful. He was loyal to his close +circle of good friends. He valued honor and adhered reasonably +well to the terms of the treaties he made. He was generous in +carrying out the royal custom of subsidizing the feeding of +paupers. He visited the sick. He dressed in plain, ordinary +clothes rather than extravagant or ostentatious ones. He +disliked ceremony and display. + +At his accession, there was a firm foundation of a national law +administered by a centralized judicial system, a centralized +executive, and an organized system of local government in close +touch with both the judicial and the executive system. To gain +knowledge of his nation, he sent royal commissioners into every +shire to ask about any encroachments on the King's rights and +about misdeeds by any of the King's officials: sheriffs, +bailiffs, or coroners. The results were compiled as the "Hundred +Rolls". They were the basis of reforms which improved justice at +the local as well as the national level. They also rationalized +the array of jurisdictions that had grown up with feudal +government. Statutes were passed by a Parliament of two houses, +that of lords and that of an elected [rather than appointed] +commons, and the final form of the constitution was fixed. + +Wardships of children and widows were sought because they were +very profitable. A guardian could get one tenth of the income of +the property during the wardship and a substantial marriage +amount when the ward married. + +Most earldoms and many baronages came into the royal house by +escheat or marriage. The royal house employed many people. The +barons developed a class consciousness of aristocracy and became +leaders of society. Many men, no matter of whom they held land, +sought knighthood. The King granted knighthood by placing his +sword on the head of able-bodied and moral candidates who swore +an oath of loyalty to the King and to defend "all ladies, +gentlewomen, widows and orphans" and to "shun no adventure of +your person in any war wherein you should happen to be". A code +of knightly chivalry became recognized, such as telling the +truth and setting wrongs right. About half of the knights were +literate. In 1278, the King issued a writ ordering all +free-holders who held land of the value of 400s. to receive +knighthood at the King's hands. + +At the royal house and other great houses gentlemanly jousting +competitions, with well-refined and specific rules, took the +place of violent tournaments with general rules. At these +knights competed for the affection of ladies by jousting with +each other while the ladies watched. Courtly romances were +common. If a man convinced a lady to marry him, the marriage +ceremony took place in church, with feasting and dancing +afterwards. Romantic stories were at the height of their +popularity. A usual theme was the lonely quest of a knight +engaged in adventures which would impress his lady. + +The dress of the higher classes was very changeable and subject +to fashion as well as function. Ladies no longer braided their +hair in long tails, but rolled it up in a net under a veil, +often topped with an elaborate and fanciful headdress. They wore +non-functional long trains on their tunics and dainty shoes. Men +wore a long gown, sometimes clasped around the waist. Overtunics +were often lined or trimmed with native fur such as squirrel. +People often wore solid red, blue, or green clothes. Only monks +and friars wore brown. The introduction of buttons and +buttonholes to replace pins and laces made clothing warmer. The +spinning wheel came into existence to replace the hand-held +spindle. + +The great barons lived in houses built within the walls of their +castles. In semi-fortified manors, halls were two stories high, +and usually built on the first rather than on the second floor. +Windows came down almost to the floor. The hall had a raised +floor at one end where the lord and lady and a few others sat at +a high table. The hearth was in the middle of the room or on a +wall. The lord's bedroom was next to the hall on the second +floor and could have windows into the hall and a spiral +staircase connecting the two rooms. Most barons and knights +lived in unfortified or semi-fortified houses with two rooms. + +In great houses, there were more wall hangings, and ornaments for +the tables. The tables were lit with candles or torches made of +wax. Plates were gold and silver. On the head table was a large +and elaborate salt cellar. Salt and spices were available at all +tables. There were minstrels who played musical instruments or +recited histories of noble deeds or amusing anecdotes. Reading +aloud was a favorite pastime. Most people ate with their fingers, +although there were knives and some spoons. Drinking vessels +were usually metal, horn, or wood. In lesser houses people ate +off slices of bread or plates of wood or pewter [made from tin, +copper, and lead]. They often shared plates and drinking vessels +at the table. + +Wardships of children and widows were sought because they were +very profitable. A guardian could get one tenth of the income of +the property during the wardship and a substantial marriage +amount when the ward married. + +Queen Eleanor, a cultivated, intelligent, and educated lady from +the continent, fostered culture and rewarded individual literary +efforts, such as translations from Latin, with grants of her own +money. She patronized Oxford and Cambridge Universities and left +bequests to poor scholars there. She herself had read Aristotle +and commentaries thereon, and she especially patronized +literature which would give cross-cultural perspectives on +subjects. She was kind and thoughtful towards those about her +and was also sympathetic to the afflicted and generous to the +poor. She shared Edward's career to a remarkable extent, even +accompanying him on a crusade. She had an intimate knowledge of +the people in Edward's official circle and relied on the advice +of two of them in managing her lands. She mediated disputes +between earls and other nobility, as well as softened her +husband's temper towards people. Edward granted her many +wardships and marriages and she arranged marriages with +political advantages. She dealt with envoys coming to the court. +Her intellectual vitality and organized mentality allowed her to +deal with arising situations well. Edward held her in great +esteem. She introduced to England the merino sheep, which, when +bred with the English sheep, gave them a better quality of wool. +She and Edward often played games of chess and backgammon. + +Farm efficiency was increased by the use of windmills in the +fields to pump water and by allowing villeins their freedom and +hiring them as laborers only when needed. Customary service was +virtually extinct. A man could earn 5d. for reaping, binding, +and shocking into a pile, an acre of wheat. A strong man with a +wife to do the binding could do this in a long harvest day. There +was enough grain to store so that the population was no longer +periodically decimated by famine. The population grew and all +arable land in the nation was under the plough. The acre was +standardized. Harvests were usually plentiful, with the +exception of two periods of famine over the country due to +weather conditions. Then the price of wheat went up and drove up +the prices of all other goods correspondingly. + +Although manors needed the ploughmen, the carters and drivers, +the herdsmen, and the dairymaid on a full-time basis, other +tenants spent increasing time in crafts and became village +carpenters, smiths, weavers or millers' assistants. Trade and +the towns grew. Smiths used coal in their furnaces. + +Money rents often replaced service due to a lord, such as fish +silver, malt silver, or barley silver. The lord's rights are +being limited to the rights declared on the extents [records +showing service due from each tenant] and the rolls of the +manor. Sometimes land is granted to strangers because none of the +kindred of the deceased will take it. Often a manor court limited +a fee in land to certain issue instead of being inheritable by +all heirs. Surveyors' poles marked boundaries declared by court +in boundary disputes. This resulted in survey maps showing +villages and cow pastures. + +The revival of trade and the appearance of a money economy was +undermining the long-established relationship between the lord +of the manor and his villeins. As a result, money payments were +supplementing or replacing payments in service and produce as in +Martham, where Thomas Knight held twelve acres in villeinage, +paid 16d. for it and 14d. in special aids. "He shall do sixteen +working days in August and for every day he shall have one +repast - viz. Bread and fish. He shall hoe ten days without the +lord's food - price of a day 1/2d. He shall cart to Norwich six +cartings or shall give 9d., and he shall have for every carting +one leaf and one lagena - or gallon - of ale. Also for ditching +1d. He shall make malt 3 1/2 seams of barley or shall give 6d. +Also he shall flail for twelve days or give 12d. He shall plough +if he has his own plough, and for every plouging he shall have +three loaves and nine herrings ... For carting manure he shall +give 2." + +Another example is this manor's holdings, when 3d. would buy food +for a day: "Extent of the manor of Bernehorne, made on Wednesday +following the feast of St. Gregory the pope, in the thirty-fifth +year of the reign of Ding Edward, in the presence of Brother +Thomas, keeper of Marley, John de la More, and Adam de +Thruhlegh, clerks, on the oath of William de Gocecoumbe, Walter +le Parker, Richard le Knyst, Richard the son of the latter, +Andrew of Estone, Stephen Morsprich, Thomas Brembel, William of +Swynham, John Pollard, Roger le Glide, John Syward, and John de +Lillingewist, who say that there are all the following +holdings:... John Pollard holds a half acre in Aldithewisse and +owes 18d. at the four terms,and owes for it relief and heriot. +John Suthinton holds a house and 40 acres of land and owes 3s. +6d. at Easter and Michaelmas. William of Swynham holds one acre +of meadow in the thicket of Swynham and owes 1d. at the feast of +Michaelmas. Ralph of Leybourne holds a cottage and one acre of +land in Pinden and owes 3s. at Easter and Michaelmas, and +attendance at the court in the manor every three weeks, also +relief and heriot. Richard Knyst of Swynham holds two acres and a +half of land and owes yearly 4s. William of Knelle holds two +acres of land in Aldithewisse and owes yearly 4s. Roger le Glede +holds a cottage and three roods of land and owes 2s. 6d. Easter +and Michaelmas. Alexander Hamound holds a little piece of land +near Aldewisse and owes one goose of the value of 2d. The sum of +the whole rent of the free tenants, with the value of the goose, +is 18s. 9d. They say, moreover, that John of Cayworth holds a +house and 30 acres of land, and owes yearly 2s. at Easter and +Michaelmas; and he owes a cock and two hens at Christmas of the +value of 4d. And he ought to harrow for two days at the Lenten +sowing with one man and his own horse and his own harrow, the +value of the work being 4d.; and he is to receive from the lord +on each day three meals, of the value of 5d., and then the lord +will be at a loss of 1d. Thus his harrowing is of no value to the +service of the lord. And he ought to carry the manure of the +lord for two days with one cart, with his own two oxen, the +value of the work being 8d.; and he is to receive from the lord +each day three meals at the value as above. And thus the service +is worth 3d. clear. And he shall find one man for two days, for +mowing the meadow of the lord, who can mow, by estimation, one +acre and a half, the value of the mowing of an acre being 6d.: +the sum is therefore 9d. And he is to receive each day three +meals of the value given above. And thus that mowing is worth +4d. clear. And he ought to gather and carry that same hay which +he has cut, the price of the work being 3d. And he shall have +from the lord two meals for one man, of the value of 1 1/2 d. +Thus the work will be worth 1 1/2 d. clear. And he ought to +carry the hay of the lord for one day with a cart and three +animals of his own, the price of the work being 6d. And he shall +have from the lord three meals of the value of 2 1/2 d. And thus +the work is worth 3 1/2 d. clear. And he ought to carry in +autumn beans or oats for two days with a cart and three animals +of his own, the value of the work being 12d. And he shall receive +from the lord each day three meals of the value given above. And +thus the work is worth 7d. clear. And he ought to carry wood +from the woods of the lord as far as the manor, for two days in +summer, with a cart and three animals of his own, the value of +the work being 9d. And he shall receive from the lord each day +three meals of the price given above. And thus the work is worth +4d. clear. And he ought to find one man for two days to cut +heath, the value of the work being 4d., and he shall have three +meals each day of the value given above: and thus the lord will +lose, if he receives the service, 3d. Thus that mowing is worth +nothing to the service of the lord. And he ought to carry the +heath which he has cut, the value of the work being 5d. And he +shall receive from the lord three meals at the price of 2 1/2 d. +And thus the work will be worth 2 1/2 d. clear. And he ought to +carry to Battle, twice in the summer season, each time half a +load of grain, the value of the service being 4d. And he shall +receive in the manor each time one meal of the value of 2d. And +thus the work is worth 2d. clear. The totals of the rents, with +the value of the hens, is 2s. 4d. The total of the value of the +works is 2s. 3 1/2 d., being owed from the said John yearly. +William of Cayworth holds a house and 30 acres of land and owes +at Easter and Michaelmas 2s. rent. And he shall do all customs +just as the aforesaid John of Cayworth. William atte Grene holds +a house and 30 acres of land and owes in all things the same as +the said John. Alan atte Felde holds a house and 16 acres of land +(for which the sergeant pays to the court of Bixley 2s.), and he +owes at Easter and Michaelmas 4s., attendance at the manor +court, relief, and heriot. John Lyllingwyst holds a house and +four acres of land and owes at the two terms 2s., attendance at +the manor court, relief, and heriot. The same John holds one acre +of land in the fields of Hoo and owes at the two periods 2s., +attendance, relief, and heriot. Reginald atte Denne holds a +house and 18 acres of land and owes at the said periods 18d., +attendance, relief, and heriot. Robert of Northehou holds three +acres of land at Saltcote and owes at the said periods +attendance, relief, and heriot. Total of the rents of the +villeins, with the value of the hens, 20s. Total of all the +works of these villeins, 6s.10 1/2 d. And it is to be noted that +none of the above-mentioned villeins can give their daughters in +marriage, nor cause their sons to be tonsured, nor can they cut +down timber growing on the lands they hold, without license of +the bailiff or sergeant of the lord, and then for building +purposes and not otherwise. And after the death of any one of +the aforesaid villeins, the lord shall have as a heriot his best +animal, if he had any; if, however, he have no living beast, the +lord shall have no heriot, as they say. The sons or daughters of +the aforesaid villeins shall give, for entrance into the holding +after the death of their predecessors, as much as they give of +rent per year. Sylvester, the priest, holds one acre of meadow +adjacent to his house and owes yearly 3s. Total of the rent of +tenants for life, 3s. Petronilla atte Holme holds a cottage and +a piece of land and owes at Easter and Michaelmas - ; also, +attendance, relief, and heriot. Walter Herying holds a cottage +and a piece of land and owes at Easter and Michaelmas 18d., +attendance, relief, and heriot. Isabella Mariner holds a cottage +and owes at the feast of St. Michael 12d., attendance, relief, +and heriot. Jordan atte Melle holds a cottage and 1 1/2 acres of +land and owes at Easter and Michaelmas 2s., attendance, relief, +and heriot. William of Batelesmere holds one acre of land with a +cottage and owes at the feast of St. Michael 3d., and one cock +and one hen at Christmas of the value of 3d., attendance, +relief, and heriot. John le Man holds half an acre of land with a +cottage and owes at the feast of St. Michael 2s., attendance, +relief, and heriot. Hohn Werthe holds one rood of land with a +cottage and owes at the said term 18d., attendance, relief, and +heriot. Geoffrey Caumbreis holds half an acre and a cottage and +owes at the said term 18d., attendance, relief, and heriot. +William Hassok holds one rood of land and a cottage and owes at +the said term 18d., attendance, relief, and heriot. The same +man holds 3 1/2 acres of land and owes yearly at the feast of St. +Michael 3s. for all. Roger Doget holds half an acre of land and a +cottage, which were those of R. the miller, and owes at the +feast of St. Michael 18d., attendance, relief, and heriot. +Thomas le Brod holds one acre and a cottage and owes at the said +term 3s., attendance, relief, and heriot. Agnes of Cayworth +holds half an acre and a cottage and owes at the said term 18d., +attendance, relief, and heriot. Total of the rents of the said +cottagers, with the value of the hens, 34s.6d. And it is to be +noted that all the said cottagers shall do as regards giving +their daughters in marriage, having their sons tonsured, cutting +down timber, paying heriot, and giving fines for entrance, just +as John of Cayworth and the rest of the villeins above +mentioned. " + +The above fines and penalties, with heriots and reliefs, are +worth 5s. yearly. + +Most villeins did not venture beyond their village except for +about ten miles to a local shrine or great fair a couple times a +year. At the fair might be soap, garlic, coal, fish, nails, +grindstones, iron, salt, shovels, brushes, pails, oil, honey, +pots, pans, horses, and pack-saddles. Often one village was +divided up among two or more manors, so different manorial +customs made living conditions different among the villagers. +Villages usually had carpenters, smiths, saddlers, thatchers, +carters, fullers, dyers, soapmakers, tanners, needlers, and +brassworkers. Each villein had his own garden in which to grow +fruit and vegetables next to his house, a pig (which fattened +more quickly than other animals), strips in the common field, +and sometimes an assart [a few acres of his own to cultivate as +he pleased on originally rough uncultivated waste land beyond +the common fields and the enclosed common pastures and meadows]. + +People told time by counting the number of rings of the church +bell, which rang on the hour. Every Sunday, the villagers went +to church, which was typically the most elaborate and centrally +located building in the village. The parishioners elected +churchwardens. This religion brought comfort and hope of going to +heaven after judgment by God at death if sin was avoided. On +festival days, Bible stories, legends, and lives of saints were +read or performed as miracle dramas. They learned to avoid the +devil, who was influential in lonely places like forests and +high mountains. At death, the corpse was washed, shrouded, and +put into a rectangular coffin with a cross on its lid. Priests +sang prayers amid burning incense for the deliverance of the +soul to God while interring the coffin into the ground. + +A villein could be forever set free from servitude by his lord as +in this example: + +"To all the faithful of Christ to whom the present writing shall +come, Richard, by the divine permission, abbot of Peterborough +and of the Convent of the same place, eternal greeting in the +Lord: + +Let all know that we have manumitted and liberated from all yoke +of servitude William, the son of Richard of Wythington, whom +previously we have held as our born bondman, with his whole +progeny and all his chattels, so that neither we nor our +successors shall be able to require or exact any right or claim +in the said William, his progeny, or his chattels. But the same +William, with his whole progeny and all his chattels, shall +remain free and quit and without disturbance, exaction, or any +claim on the part of us or our successors by reason of any +servitude forever. + +We will, moreover, and concede that he and his heirs shall hold +the messuages, land, rents, and meadows in Wythington which his +ancestors held from us and our predecessors, by giving and +performing the fine which is called merchet for giving his +daughter in marriage, and tallage from year to year according to +our will, - that he shall have and hold these for the future +from us and our successors freely, quietly, peacefully, and +hereditarily, by paying to us and our successors yearly 40 s. +sterling, at the four terms of the year, namely: at St. John the +Baptist's day 10s., at Michaelmas 10s., at Christmas 10s., and at +Easter 10s., for all service, exaction, custom, and secular +demand; saving to us, nevertheless, attendance at our court of +Castre every three weeks, wardship, and relief, and outside +service of our lord the King, when they shall happen. + +And if it shall happen that the said William or his heirs shall +die at any time without an heir, the said messuage, land rents, +and meadows with their appurtenances shall return fully and +completely to us and our successors. Nor will it be allowed to +the said William or his heirs to give, sell, alienate, mortgage, +or encumber in any way, the said messuage, land, rents, and +meadows, or any part of them, by which the said messuage, land, +rents, and meadows should not return to us and our successors in +the form declared above. And if this should occur later, their +deed shall be declared null, and what is thus alienated shall +come to us and our successors ... + +Given at Borough, for the love of Lord Robert of good memory, +once abbot, our predecessor and maternal uncle of the said +William, and at the instance of the good man, Brother Hugh of +Mutton, relative of the said abbot Robert, A.D. 1278, on the eve +of Pentecost." + +Villeins who were released from the manorial organization by +commutation of their service for a money payment took the name +of their craft as part of their name, such as, for the +manufacture of textiles, Weaver, Draper, Comber, Fuller, Napper, +Cissor, Tailor, Textor; for metal-work, Faber, Ironmonger; for +leatherwork, Tanner; for woodwork, building and carpentry, +Carpenter, Cooper, Mason, Pictor; for food-production, Baker, +Pistor. Iron, tin, lead, salt, and even coal were providing +increasing numbers of people with a livelihood. + +Many new boroughs were founded as grants of market rights by the +King grew in number. These grants implied the advantage of the +King's protection. In fact, a certain flooded town was replaced +with a new town planned with square blocks. It was the charter +which distinguished the borough community from the other +communities existing in the country. It invested each borough +with a distinct character. The privileges which the charter +conferred were different indifferent places. It might give +trading privileges: freedom from toll, a guild merchant, a right +to hold a fair. It might give jurisdictional privileges: a right +to hold court with greater or less franchises. It might given +governmental privileges: freedom from the burden of attending +the hundred and county courts, the return of writs, which meant +the right to exclude the royal officials, the right to take the +profits of the borough, paying for them a fixed sum to the Crown +or other lord of the borough, the right to elect their own +officials rather than them being appointed by the King or a +lord, and the right to provide for the government of the +borough. It might give tenurial privileges: the power to make a +will of lands, or freedom from the right of a lord to control his +tenants' marriages. It might give procedural privileges: trial +by battle is excluded, and trial by compurgation is secured and +regulated. These medieval borough charters are very varied, and +represent all stages of development and all grades of franchise. +Boroughs bought increasing rights and freedoms from their lord, +who was usually the King. + +In the larger towns, where cathedrals and public building were +built, there arose a system for teaching these technical skills +and elaborate handicraft, wood, metal, stained glass, and stone +work. Some churches now had stained-glass windows. A boy from +the town would be bound over in apprenticeship to a particular +craftsman, who supplied him with board and clothing. The +craftsman might also employ men for just a day. These journeymen +were not part of the craftsman's household as was the +apprentice. After a few years of an apprenticeship, one became a +journeyman and perfected his knowledge of his craft and its +standards by seeing different methods and results in various +towns. He was admitted as a master of his trade to a guild upon +presenting an article of his work worthy of that guild's +standard of workmanship: his "masterpiece". The tailors' guild +and the skinners' guild are extant now. + +When guilds performed morality plays based on Bible stories at +town festivals, there was usually a tie between the Bible story +and the guild's craft. For instance, the story of the loaves and +fishes would be performed by the Bakers' or Fishmongers' Guild. +The theme of the morality play was the fight of the Seven +Cardinal Virtues against the Seven Deadly Sins for the human +soul, a life-long battle. + +A borough was run by a mayor elected usually for life. By being +members of a guild, merchant-traders and craftsmen acquired the +legal status of burgesses and had the freedom of the borough. +Each guild occupied a certain ward of the town headed by an +alderman. The town aldermen made up the town council, which +advised the mayor. Often there were town police, bailiffs, +beadles [messengers], a town cryer, and a town clerk. In the +center of town were the fine stone houses, a guildhall with a +belfry-tower, and the marketplace - a square or broad street, +where the town cryer made public announcements with bell or horn. +Here too was the duckingstool for scandalmongers and the stocks +which held offenders by their legs and perhaps their hands to be +scorned and pelted by bystanders with, for instance, rotten +fruit and filth. No longer were towns dominated by the local +landholders. + +In London by this time there was a wall with four towers +surrounding the White Tower, and this castle was known as the +Tower of London. Another wall and a moat were built around it +and it has reached its final form. Hovels, shops, and waste +patches alternated with high walls and imposing gateways +protecting mansions. The mansions had orchards, gardens, +stables, brewhouses, bakeries, guardrooms, and chapels. London +streets were paved with cobbles and sand. Each citizen was to +keep the street in front of his tenement in good repair. Later, +each alderman appointed four reputable men to repair and clean +the streets for wages. Prostitutes were expelled from the city +because the street with their bawdy houses had become very +noisy. + +London had twenty four wards. The aldermen for the first time +included a fishmonger in 1291. The Fishmongers were the only +guild at this time, besides the weavers, which had independent +jurisdiction, as they had transferred control of their weekly +hall moot from a public official to themselves. Craftsmen began +to take other public offices too. Other city offices were: +recorder, prosecutor, common sergeant, and attorneys. Each ward +chose certain of its inhabitants to be councilors to the +aldermen. This council was to be consulted by him and its advice +to be followed. Admission to freedom of the city [citizenship] +was controlled by the citizens. Apprentices had to finish their +terms before such admission. Craftsmen had to have sureties from +their crafts as of 1319. No longer could one simply purchase +citizenship. Only freemen could sell wares in the city, a custom +of at least two hundred years. + +In 1275, a goldsmith was chief assay-master of the King's mint +and keeper of the exchange at London. The King gave the +Goldsmiths' Company the right of assay [determination of the +quantity of gold or silver in an object] and required that no +vessels of gold or silver should leave the maker's hands until +they had been tested by the wardens and stamped appropriately. +In 1279, goldsmith William Farrington bought the soke of the +ward containing the goldsmiths' shops. It remained in his family +for 80 years. A patent of 1327 empowered the guild to elect a +properly qualified governing body to superintend its affairs, and +reform subjects of just complaint. It also prescribed, as a +safeguard against a prevailing fraud and abuse, that all members +of the trade should have their standing in Cheapside or in the +King's exchange, and that no gold or silver should be +manufactured for export, except that which had been bought at the +exchange or of the trade openly. + +There was a problem with malefactors committing offenses in +London and avoiding its jurisdiction by escaping to Southwark +across the Thames River. So Southwark was put under the +jurisdiction of London for peace and order matters by grant of +the King. London forbade games being played because they had +replaced practice in archery, which was necessary for defense. + +Exports and imports were no longer a tiny margin in an economy +just above the subsistence level. Exports were primarily raw +wool and cloth, but also grain, butter eggs, herring, hides, +leather goods such as bottles and boots, embroideries, +metalware, horseshoes, daggers, tin, coal, and lead. Imported +were Wine, silk, timber, furs, rubies, emeralds, fruits, +raisins, currents, pepper, ginger, cloves, rice, cordovan +leather, pitch, hemp, spars, fine iron, short rods of steel, +bow-staves of yew, tar, oil, salt, cotton (for candle-wicks), and +alum (makes dyes hold). Ships which transported them had one or +two masts upon which sails could be furled, the recently +invented rudder, and a carrying capacity of up to 200 tuns. Many +duties of sheriffs and coroners were transferred to county +landholders by commissions. In coastal counties, there were such +commissions for supervising coastal defense and maintaining the +beacons. Ports had a vigilant coastguard and well-maintained +harbors, quays, and streets. + +Women could inherit land in certain circumstances. Some tenants +holding land in chief of the King were women. + +Regulation of trade became national instead of local. Trade was +relatively free; almost the only internal transportation tolls +were petty portages and viages levied to recoup the expense of a +bridge or road which had been built by private enterprise. +Responsibility for the coinage was transferred from the +individual moneyers working in different boroughs to a central +official who was to become Master of the Mint. The round half +penny and farthing [1/4 penny] were created so that the penny +needn't be cut into halves and quarters anymore. + +Edward called meetings of representatives from all social and +geographic sectors of the nation at one Parliament to determine +taxes due to the Crown. He declared that "what touches all, +should be approved by all". He wanted taxes from the burgesses +in the towns and the clergy's ecclesiastical property as well as +from landholders. He argued to the clergy that if barons had to +both fight and pay, they who could do no fighting must at least +pay, and compelled them to renounce all Papal orders contrary to +the King's authority. He offered to give up the royal right to +tax merchandise for a new tax: customs on exports. He got an +agreement for an "aid" of one-fifteenth on other moveables. This +new system of taxation began the decline of the imposition of +feudal aids, scutages, and carucage. The aids of the boroughs, +counties, and church had been negotiated by the Exchequer with +the reeves of each town, the sheriff and shire courts of each +county, and the archdeacons of each diocese, the area under a +bishop's control. + +This Model Parliament of 1295 was composed of the three +communities. The first were the lords. Because of the increase +of lesser barons due to a long national peace and prosperity, +the lords attending were reduced in numbers and peerage became +dependent not on land tenure, but on royal writ of summons. The +second community was the clergy, represented by the bishops of +each diocese. They later declined to attend. The third community +was the commons. It was composed of two burgesses elected by +principal burgesses of each borough and two elected knights +representing each county. The common people now had a voice in +law-making. The first legislation proposed by the commons was +alteration of the forest laws governing the royal pleasure +parks. Such a statute was passed in a bargain for taxes of a +percentage of all moveables, which were mostly foodstuffs and +animals. + +Parliament soon was required to meet once or twice yearly. +Lawmaking is now a function of Parliament, of which the King's +council is a part, instead of a function of the King with his +council and judges. However, legislation may be passed without +the consent of the commons. Also, there was no convention that +agreement or even the presence of representatives was required +for legislation. The idea that the present can bind the absent +and that the majority of those present to outvote the minority +was beginning to take hold. The Chief Justices still had, as +members of the council, a real voice in the making of laws. The +King and his justices might, after a statute has been made, put +an authoritative interpretation upon it. + +Most petitions to Parliament were private grievances of +individuals, including people of no social rank, such as +prisoners. Other petitions were from communities and groups. + +In 1297, Edward I confirmed the Magna Carta and other items. +Judgments contrary to Magna Carta were nullified. The documents +were to be read in cathedral churches as grants of Edward and +all violators were to be excommunicated. He also agreed not to +impose taxes without the consent of Parliament after baronial +pressure had forced him to retreat from trying to increase, for a +war in France, the customs tax on every exported sack of wool to +40s. from the 6s. 8d. per sack it had been since 1275. The +customs tax was finally fixed at 10s. for every sack of wool, +2s. for each tun of wine, and 6d. for every pound's worth of +other goods. A tax system of "tenths and fifteenths" levied on +income from moveables or chattels every year also came into +being. This most affected the goods made and sold in the towns, +so that both town and countryside were taxed about the same. +Never again did a King impose a tax without the consent of +Parliament. Edward also confirmed the Forest Charter, which +called for its earlier boundaries. And he agreed not to impound +any grain or wool or and like against the will of the owners, as +had been done before to collect taxes. Also, the special prises +or requisitions of goods for national emergency were not to be a +precedent. Lastly, he agreed not to impose penalties on two earls +and their supporters for refusing to serve in the war in France. + +The export of wool had increased and Parliament initiated customs +duties of 6s.8d. on every sack of wool, woolfells [sheepskin +with wool still on it], or skins exported, which was collected +at each of the thirteen ports, the beginning of the staple +[depot] system. Imports of wine were taxed as tonnage as before. + +Sheriffs were elected in their own counties rather than appointed +by the King as of 1297. + +Lawyers are now drawn from the knightly class instead of +ecclesiastical people. Law no longer belongs to the church, but +to the knightly class of landed gentlemen. The Inns of Court in +London provide legal education and certify members to the bar. + +>From 1299, statutes were recorded in a Statute Roll as they were +enacted. + +By the end of the 1200s, the King's wardrobe, where confidential +matters such as military affairs were discussed in his bedroom, +became a department of state with the privy seal. It paid and +provisioned the knights, squires, and sergeants of the King and +was composed mostly of civil servants. It traveled with the +King. The Crown's treasure, plate, tents, hangings, beds, +cooking-utensils, wine, and legal and financial rolls were +carried on pack-horses or in two- wheeled carts drawn by oxen, +donkeys, or dogs. The people in the entourage rode horses or +walked. The other two specialized administrative bodies were the +Exchequer, which received most of the royal revenue and kept +accounts at Westminster in London, and the Chancery, which wrote +royal writs, charters, and letters. + +As of 1336, importing foreign cloth or fur, except for use by the +King's family, was prohibited, as was the export of unwoven +wool. Later, this was relaxed and a customs tax of 33% was +imposed on wool exported. Foreign cloth-workers may come to live +in the nation, be granted franchises, and shall be in the King's +protection. No cloth may be exported until it is fulled. + +There was a recoinage due to debasement of the old coinage. This +increased the number of coins in circulation. The price of wheat +went from about 7s. in 1270 to about 5s. per quarter in 1280. +Also the price of an ox went from 14s. to 10s. >From 1280 to +1290, there was runaway inflation. + +As before, inadequate care and ignorance of nutrition caused many +infant deaths. Accidents and disease were so prevalent that +death was always near and life insecure. Many women died in +childbirth. + +In the 1300s, there were extremes of fashion in men's and women's +clothing including tight garments, pendant sleeves down to the +ground, coats so short they didn't reach the hips or so long +they reached the heels, hoods so small they couldn't cover the +head, and shoes with long curved peaks like claws at the toes. +Both men and women wore belts low on the hips. The skirt of a +lady's tunic was fuller and the bodice more closely fitted than +before. Her hair was usually elaborately done up, e.g. with long +curls or curled braids on either side of the face. A jeweled +circlet was often worn around her head. Ladies wore on their +arms or belts, cloth handbags, which usually contained +toiletries, such as combs made of ivory, horn, bone, or wood, +and perhaps a little book of devotions. A man wore a knife and a +bag on his belt. Some women painted their faces and/or colored +their hair. There were hand-held glass mirrors. Some people kept +dogs purely as pets. + +Under Edward II, all citizens of London had to be enrolled in the +trade guild of their craft. + +The commons became a permanent and distinct body with an elected +spokesman or speaker and its own clerk in Edward III's reign. +Also, sheriffs them dealt directly with the King instead of +through an earl. + +To support a war with France, Edward III permanently instituted +the staple system, by which wool exports were taxed through his +officials only at the designated staple port. These officials +included collectors, controllers, searchers, surveyors, clerks, +weighers, and crane-keepers. + +Certain large wool merchants were allowed to create a monopoly on +the export of wool. Also under Edward III, Flanders weavers were +encouraged to come to England to teach the English how to weave +and finish fine cloth. A cloth industry grew with all the +manufacturing processes under the supervision of one capitalist +manufacturer, who set up his enterprise in the country to avoid +the regulations of the towns. The best places were hilly areas +where there were many streams and good pasture for flocks of +sheep. He hired shearers to cut the nap as short as possible to +give a smooth surface, then spinsters to card and spin the wool +in their country cottages, then weavers, and then fullers and +dyers to come to fulling mills established near streams for +their waterpower. Fulling became mechanized as heavy wooden +hammers run by water-power replaced feet trampling the cloth +covered with soap or fuller's clay, until it became thick and +smaller. The shaft loom was a technological advance in weaving. +This loom was horizontal and its frames, which controlled the +lifting of the warp threads, could each be raised by a foot +treadle. This left both hands free to throw and catch the +shuttle attached to the woof thread. Also many more weaving +patterns became possible through the use of different thread +configurations on the frames. + + +The Law + +Edward I remodeled the law in response to grievances and to +problems which came up in the courts. The changes improved the +efficiency of justice and served to accommodate it to the +changing circumstances of the social system. These statutes +were: + +"No man by force of arms, malice or menacing shall disturb anyone +in making free election [of sheriffs, coroners, conservators of +the peace by freeholders of the shire]." + +"No city, borough, town, nor man shall be amerced without +reasonable cause and according to the severity of his trespass. +That is, every freeman saving his freehold, a merchant saving +his merchandise, a villein saving his waynage [implements of +agriculture], and that by his peers." + +No distress shall be taken of ploughing-cattle or sheep. + +Young salmon shall not be taken from waters in the spring. + +No loan shall be made for interest. + +If an heir who is a minor is married off without the consent of +the guardian, the value of the marriage will be lost and the +wrongdoer imprisoned. If anyone marries off an heir over 14 +years of age without the consent of the guardian, the guardian +shall have double the value of the marriage. Moreover, anyone who +has withdrawn a marriage shall pay the full value thereof to the +guardian for the trespass and make amends to the King. And if a +Lord refuses to marry off a female heir of full age and keep her +unmarried because he covets the land, then he shall not have her +lands more than two years after she reaches full age, at which +time she can recover her inheritance without giving anything for +the wardship or her marriage. However, if she maliciously +refuses to be married by her Lord, he may hold her land and +inheritance until she is the age of a male heir, that is, twenty +one years old and further until he has taken the value of the +marriage. + +Aid to make one's son a knight or marry off his daughter of a +whole knight's fee shall be taken 20s., and 400s.[yearly income +from] land held in socage 20s. [5%], and of more, more; and of +less, less; after the rate. And none shall levy such aid to make +his son a knight until his son is 15 years old, nor to marry his +daughter until she is seven year old. + +A conveyance of land which is the inheritance of a minor child by +his guardian or lord to another is void. + +Dower shall not abate because the widow has received dower of +another man unless part of the first dower received was of the +same tenant and in the same town. But a woman who leaves her +husband for another man is barred from dower. + +A tenant for a term of years who has let land from a landlord +shall not let it lie waste, nor shall a landlord attempt to oust +a tenant for a term of years by fictitious recoveries. + +When two or more hold wood, turfland, or fishing or other such +thing in common, wherein none knows his several, and one does +waste against the minds of the others, he may be sued. + +Lands which are given to a man and his wife upon condition that +if they die without heirs, the land shall revert to the donor or +his heir, may not be alienated to defeat this condition. + +If a man takes land in marriage with a wife, and she dies before +him, the land will revert to the donor or his heir, unless they +have a child, in which case the husband will have the land by +the courtesy of the nation for his life before it reverts to the +donor or his heir. + +A free tenant may alienate his land freely, but if the alienation +was for an estate in fee simple [to a man and his heirs], the +person acquiring the land would hold of the land's lord and not +of the person alienating the land. (This halted the growth of +subinfeudation and caused services as well as incidents of aids, +relief, escheat, wardship, and marriage to go directly to the +Chief Lord. It also advantaged the Crown as overlord, which then +acquired more direct tenants.) + +One may create an estate which will descend in unbroken +succession down the line of inheritance prescribed in the +original gift as long as that line should last, instead of +descending to all heirs. The successive occupants might draw the +rents and cut the wood, but on the death of each, his heir would +take possession of an unencumbered interest, unfettered by any +liability for the debt of his ancestor or by any disposition +made by him during his lifetime e.g. a wife's estate in dower or +a husband's estate in courtesy. If there was no issue, it +reverted to the original donor. ( This curtailed the advantage of +tenants of the greater barons who profited by increased +wardships and reliefs from subinfeudation from subdivision and +better cultivation of their land while still paying the greater +barons fixed sums. This statute [Quia Emptores] that protected +reversionary estates incidentally established a system of +entails. This new manner of holding land: "fee tail", is in +addition to the concepts of land held in fee simple and land +held for life. Interests in remainder or reversion of estates in +land replace the lord's tenurial right to succeed to land by +escheat if his tenant dies without heirs.) + +In Kent, all men are free and may give or sell their lands +without permission of their lords, as before the Conquest. +(Since Kent was nearest the continent, money flowed between +England and the continent through Kent. So Kent never developed +a manorial system of land holding, but evolved from a system of +clans and independent villages directly into a commercial +system. + +Anyone disseising another whereby he also robs him or uses force +and arms in the disseisin shall be imprisoned and fined. The +plaintiff shall recover seisin and damages. + +"All must be ready at the command and summons of sheriffs, and at +the cry of the country, to sue and arrest felons as necessary as +well within franchise as without." Otherwise, he shall be fined. +A Lord defaulting shall lose his franchise to the King. A +Bailiff defaulting shall be imprisoned a year as well as fined, +or be imprisoned two years if he cannot pay the fine. A sheriff, +coroner, or any other bailiff who conceals a felony will be +imprisoned for a year and pay a fine, or be imprisoned for three +years if he cannot pay the fine. + +Villeins must report felons, pursue felons, serve in the watch, +and clear growth of concealing underwood from roads. They must +join the military to fight on the borders when called. Desertion +from the army is punishable. + +Accessories to a crime shall not be declared outlaw before the +principal is proven guilty. (This made uniform the practice of +the various shires.) + +Only those imprisoned for the smaller offenses of a single +incidence of petty larceny, receipt of felons, or accessory to a +felony, or some other trespass not punishable by life or limb +shall be let out by sufficient surety. Prisoners who were +outlawed or escaped from prison or are notorious thieves or were +imprisoned for felonious house-burning, passing false money, +counterfeiting the King's seal, treason touching the King +himself, or other major offenses or have been excommunicated by +the church may not be released. + +Killing in self-defense and by mischance shall be pardoned from +the King's indictment. Killing by a child or a person of unsound +mind shall be pardoned from the King's indictment. (But a +private accuser can still sue.) + +Any man who ravishes [abducts] any woman without her consent or +by force shall have the criminal penalty of loss of life or +limb. (The criminal penalty used to be just two years in +prison.) + +Trespasses [serious and forcible breaches of the peace] in parks +or ponds shall be punished by imprisonment for three years and a +fine as well as paying damages to the wronged person. After his +imprisonment, he shall find a surety or leave the nation. + +"Forasmuch as there have been often times found in the country +devisors of tales, where discord, or occasion of discord, has +many times arisen between the King and his people, or great men +of this realm; For the damage that has and may thereof ensue, it +is commanded, that from henceforth none be so hardy to tell or +publish any false news or tales, whereby discord or occasion of +discord or slander may grow between the King and his people, or +the great men of the realm." Anyone doing so shall be imprisoned +until he brings into the court the first author of the tale. + +A system of registration and enforcement of commercial agreements +was established by statute. Merchants could obtain a writing of +a debt sealed by the debtor and authenticated by royal seal or +a seal of a mayor of certain towns, and kept by the creditor. +Failure to pay a such a debt was punishable by imprisonment and, +after three months, the selling of borough tenements and +chattels and of shire lands. During the three months, the +merchant held this property in a new tenure of "statute +merchant". (Prior to this, it was difficult for a foreign +merchant to collect a debt because he could not appear in court +which did not recognize him as one of its proper "suitors" or +constituents, so he had to trust a local attorney. Also, the +remedy was inadequate because the history of the law of debt was +based on debt as a substitute for the blood feud, so that +failure to pay meant slavery or death. Also a debtor's land was +protected by feudal custom, which was contrary to the idea of +imposing a new tenant on a lord.) + +"In no city, borough, town, market, or fair shall a person of the +realm be distrained for a debt for which he is not the debtor or +pledge." + +Anyone making those passing with goods through their jurisdiction +answer to them in excess of their jurisdiction shall be +grievously amerced to the King. + +No market town shall take an outrageous toll contrary to the +common custom of the nation. + +Since good sterling money has been counterfeited with base and +false metal outside the nation and then brought in, foreigners +found in the nation's ports with this false money shall forfeit +their lives. Anyone bringing foreign money into the nation must +have it examined at his port of entry. Payments of money shall +be made only by coin of the appropriate weight delivered by the +Warden of the Exchange and marked with the King's mark. (A +currency exchange was established at Dover for the exchange of +foreign currency for English sterling.) + +The silver in craftwork must be sterling and marked with the +Leopard's Head. The gold in craftwork must meet the standard of +the Touch of Paris. + +The assize of bread and ale had been and was enforced locally by +local inspectors. Now, the Crown appointed royal officers for +the gauge of wines and measurement of cloths. Edicts disallowed +middlemen from raising prices against consumers by such +practices as forestalling or engrossing and price regulation was +attempted. For instance, prices were set for poultry and lamb, +in a period of plenty. Maximum prices were set for cattle, +pigs, sheep, poultry, and eggs in 1314, but was hard to enforce. +In London examples of prices set are: best hen 3d.2q., best wild +goose 4d., best rabbit 4d., best kid 10d., best lamb 4d., best +fresh herrings 12 for 1d., best pickled herrings 20 for 1d., best +haddock 2d., best fresh salmon 3s. + +Freemen may drive their swine through the King's demesne Forest +to feed in their own woods or elsewhere. No man shall lose his +life or limb for killing deer in the Forest, but instead shall +be grievously fined or imprisoned for a year. + +The Forest Charter allowed a man to cut down and take wood from +his own woods in the King's forest to repair his house, fences, +and hedges. He may also enclose his woods in the King's forest +with fences and hedges to grow new trees and keep cattle and +beasts therefrom. After seven years growth of these new trees, he +may cut them down for sale with the King's permission. + +Each borough has its own civil and criminal ordinances and police +jurisdiction. Borough courts tended to deal with more laws than +other local courts because of the borough's denser populations, +which were composed of merchants, manufacturers, and traders, as +well as those engaged in agriculture. Only borough courts have +jurisdiction over fairs. In some boroughs the villein who +resides for a year and a day becomes free. There are special +ordinances relating to apprentices. There are sometimes +ordinances against enticing away servants bound by agreement to +serve another. The wife who is a trader is regarded in many +places as a femme sole. There may be special ordinances as to the +liability of masters for the acts of their apprentices and +agents, or as to brokers, debt, or earnest money binding a +bargain. The criminal and police jurisdiction in the borough was +organized upon the same model as in the country at large, and was +controlled by the King's courts upon similar principles, though +there are some survivals of old rules, such as mention of the +bot and the wer. The crimes committed are similar to those of +the country, such as violence, breaches of the assize of bread +and beer, stirring up suits before the ecclesiastical courts, +digging up or obstructing the highway, not being enrolled in a +tithing, encroachments upon or obstructions of rights of common. +The most striking difference with the country at large are the +ordinances on the repair or demolition of buildings, +encroachments on another's building, fires, and nuisances. +Specimens of other characteristic urban disputes are: selling bad +food, using bad materials, unskillful or careless workmanship, +fraudulent weights and measures, fraud in buying and selling, +forestalling or regrating, acting in a way likely to endanger +the liberties of the borough, usury, trading without being a +citizen, assisting other unlicensed persons to trade, unlawfully +forming a guild, complaints against various guilds in which trade +might be organized. Since the ordinances were always liable to +be called in question before the King's courts, they tended to +become uniform and in harmony with the principles of the common +law. Also, trading between boroughs kept them knowledgeable +about each other's customs and conditions for trade, which then +tended to standardize. Boroughs often had seals to prove communal +consent and tended to act as a corporate body. + +Borough ordinances often include arson such as this one: "And if +a street be set on fire by any one, his body shall be attached +and cast into the midst of the fire." Robbery by the miller was +specially treated by an ordinance that "And if the miller be +attainted of robbery of the grain or of the flour to the amount +of 4d., he shall be hanged from the beam in his mill." + +In London, an ordinance prescribed for bakers for the first +offense of making false bread a forfeiture of that bread. For +the second offense was prescribed imprisonment, and for the +third offense placement in the pillory. A London ordinance for +millers who caused bread to be false prescribed for them to be +carried in a tumbrel cart through certain streets, exposed to the +derision of the people. + +By statute, no one may make a gift or alienation of land to the +church. An attempt to do so will cause the land to escheat to +the lord, or in his default, to the King. Religious houses may +not alienate land given to them by the King or other patrons +because such gifts were for the sake of someone's soul. An +attempt to do so will cause the land to revert to the donor or +his heir. If the church did not say the prayers or do the other +actions for which land was given to it, the land will revert to +the donor or his heir. The church shall send no money out of the +nation. + +"Concerning wrecks of the sea, where a man, a dog, or a cat +escape alive out of the ship, that such ship nor barge nor +anything within them shall be deemed wreck, but the goods shall +be saved and kept by view of the Sheriff, Coroner, or the King's +Bailiff". If anyone proves the goods were his within a year and a +day, they shall be restored to him without delay. Otherwise, they +shall be kept by the King. "And where wreck belongs to one other +than the King, he shall have it in like manner". If he does +otherwise, he shall be imprisoned and pay damages and fine. + +Some statutes applied only to Kent County, which had a unique +position between London and the continent. One could sell or +give away his land without the consent of one's lord. The +services of the land, however, could only be sold to the chief +lord. Inheritance of land was to all sons by equal portions, and +if there were no sons, then to all daughters in equal portions. +The eldest brother has his choice of portion, then the next +oldest, etc. The goods of a deceased person were divided into +three parts after his funeral expenses and debts were paid. One +third went to the surviving spouse. One third went to the +deceased's sons and daughters. One third could be disposed by +will of the decedent. If there were no children, one half went +to the spouse and one half went according to will. If an heir +was under 15 years old, his next of kin to whom inheritance +could not descend was to be his guardian. A wife who remarried or +bore a child lost her dower land. A husband lost his dower if he +remarried. If a tenant withheld rent or services, his lord could +seek award of court to find distress on his tenement and if he +could find none, he could take the tenement for a year and a day +in his hands without manuring it. It the tenant paid up in this +time, he got the tenement back. If he didn't within a year and a +day, however, the lord could manure the land. A felon forfeited +his life and his goods, but not his lands or tenements. A wife +of a felon had the dower of one half or her husband's lands and +tenements. + +The common law recognized the tort of false imprisonment if a man +arrested as a felon, a person who was not a felon. + +Ecclesiastical courts were successful in their competition with +the secular courts for jurisdiction over testamentary +[concerning wills] and succession [no will] to chattels. It's +law made a woman's chattels the property of her husband upon +marriage. She also lost all power over her land during marriage. +A husband became liable for his wife's torts. Promises under +oath were not recognized for married women. + +Land may not be alienated to religious bodies in such a way that +it would cease to render its due service to the King. + + +Judicial Procedure + +The writ of Quo Warranto [by what right] is created, by which all +landholders exercising jurisdictions must bring their ancestors' +charters before a justice in eyre for the Common Pleas for +examination and interpretation as to whether they were going +beyond their charters and infringing upon the jurisdiction of +the Royal Court. As a result, many manor courts were confined to +seigneurial matters and could no longer view frankpledge or hear +criminal cases, which were reserved for the royal courts. In the +manor courts which retained criminal jurisdiction, there was a +reassertion of the obligation to have present a royal coroner, +whose duty it was to see that royal rights were not infringed and +that the goods of felons were given to the Crown and not kept +by the lords. + +The supreme court was Parliament. Next were the royal courts of +the King's Bench, Common Pleas, and the Exchequer, which had +become separate, each with its own justices and records. The +Court of Common Pleas had its own Chief Justice and usually met +at Westminster. This disadvantaged the small farmer, who would +have to travel to Westminster to present a case. The Court of the +King's Bench heard criminal cases and appeals from the Court of +Common Pleas. It traveled with the King. There were many +trespass cases so heard by it in the reign of Edward I. In +criminal cases, witnesses acquainted with particular facts were +added to the general assize of twelve men from each hundred and +four men from each town. + +The most common cases in the Court of Common Pleas were "detinue" +[wrongful detention of a good or chattel which had been loaned, +rented, or left for safe- keeping with a "bailee", but belonged +to the plaintiff], "debt" [for money due from a sale, for money +loaned, for rent upon a lease for years, from a surety, promised +in a sealed document, or due to arbitrators to whom a dispute had +been submitted] and "account" [e.g. by bailiffs of manors, the +guardian in socage, and partners]. It also heard estovers of +wood, profit by gathering nuts, acorns, and other fruits in +wood, corody [allowance of food], yearly delivery of grain, +toll, tonage, passage, keeping of parks, woods, forests, chases, +warrens, gates, and other bailiwicks, and offices in fee. + +The justices in eyre gradually ceased to perform administrative +duties on their eyres because landed society had objected to +their intrusiveness. + +Breaches of the forest charter laws were determined by justices +of the King's forest, parks, and chases, along with men of +assize. + +Coroners' inquest procedures were delineated by statute and +included describing in detail in the coroner's rolls every wound +of a dead body, how many may be culpable, and people claiming to +have found treasure who might be suspects. + +There were local courts of the vill, borough, manor, hundred, +county, sheriff, escheator, and royal bailiff, with overlapping +jurisdictions. The most common plea in the hundred court was +trespass. It also heard issues concerning services arising out +of land, detention of chattels, small debts, maiming of animals, +and personal assaults and brawls not amounting to felony. Twice +a year the sheriff visited each hundred in the shire to hold a +tourn or court for small criminal cases. Everyone who held +freehold land in the hundred except the greater magnates had to +attend or be fined for absence. The sheriff annually viewed +frankpledge, in which every layman without land that could be +forfeited for felony, including villeins, were checked for being +in a tithing, a group of neighbors responsible for each other's +good conduct. This applied to every boy who had reached the age +of twelve. He had to swear on the Bible "I will be a lawful man +and bear loyalty to our lord the king and his heirs, and I will +be justicable to my chief tithing man, so help me God and the +saints." Each tithing man paid a penny to the sheriff. + +In the manor courts, actions of debt, detinue, and covenant were +frequent. Sometimes there are questions of a breach of warranty +of title in agreements of sale of land. Accusations of +defamation were frequent; this offense could not be taken to the +King's court, but it had been recognized as an offense in the +Anglo-Saxon laws. In some cases, the damages caused are +specifically stated. For instance, defamation of a lord's grain +cause other purchasers to forbear buying it. There are frequent +cases of ordinary thefts, trespasses, and assaults. The courts +did rough but substantial justice without distinction between +concepts such as tort and contract. In fact, the action of +covenant was the only form of agreement enforceable at common +law. It required a writing under seal and awarded damages. Their +law was not technical, but elastic, and remedies could include +injunctions, salary attachment, and performance of acts. + +The precedent for punishment for treason was established by the +conviction of a knight, David ab Gruffydd, who had turned +traitor to the Welsh enemy during the conquest of Wales and +plotted to kill the King. He was condemned to be dragged at the +heels of horses for being a traitor to his knightly vows, hanged +by the neck for his murders, cut down before consciousness left +him to have his entrails cut out for committing his crimes +during the holy week of Easter, and his head cut off and his +body divided into four parts for plotting against the King's +life. The head and body sections were placed in public view at +various locations in the nation. Prior to this the penalty was +imprisonment usually followed by ransom. + +Trial by battle is now limited to certain claims of enfeoffment +of large land holding and is barred for land held in socage, +burgage, or by marriage. Assize is the usual manner of trial, +but compurgation remains in the borough court long after it +becomes obsolete in the royal courts. Defendants no longer +request assizes but are automatically put to them. + +Numerous statutes protect the integrity of the courts and King's +offices by double and treble damages and imprisonment for +offenses such as bribery, false informers, conspiracy to falsely +move or maintain pleas, champerty [giving an interest in the +outcome of a case to a person for his assistance in litigating +it], conflict of interest by court officers by having a part in +the business or thing at issue. There had been many abuses, the +most common of which was extortion by sheriffs, who jailed +people without cause to make them pay to be released. + +The King reserved to himself and his council in its judicial +capacity the correction of all breaches of the law which the +lower courts had failed to remedy, whether from weakness, +partiality, or corruption, and especially when the powerful +barons defied the courts. + +The Court of Hustings in London is empowered to award landlords +their tenements for which rent or services are in arrears if the +landlord could not distrain enough tenant possessions to cover +the arrearages. + +Wills are proven in the Court of Husting, the oldest court in +London, which went back to the times of Edward the Confessor. +One such proven will is: + +"Tour (John de La) - To Robert his eldest son his capital +messuage and wharf in the parish of Berchingechurch near the +land called 'Berewardesland`. To Agnes his wife his house called +'Wyvelattestone', together with rents, reversions, etc. in the +parish of S. Dunstan towards the Tower, for life; remainder to +Stephen his son. To Peter and Edmund his sons lands and rents in +the parish of All Hallows de Berhyngechurch; remainders over in +default of heirs. To Agnes, wife of John le Keu, fishmonger, a +house situate in the same parish of Berhyng, at a peppercorn +[nominal] rent." + +The Court of the Mayor of London heard diverse cases, including +disputes over goods, faulty goods, enhancing the price of goods, +using unlawful weighing beams, debts, theft, distraints, +tavern-brawling, bullying, and gambling. The following four +cases pertain to customs, bad grain, surgery, and apprenticeship, +respectively. + +"John le Paumer was summoned to answer Richer de Refham, Sheriff, +in a plea that, whereas the defendant and his Society of Bermen +[carriers] in the City were sworn not to carry any wine, by +land or water, for the use of citizens or others, without the +Sheriff's mark, nor lead nor cause it to be led, whereby the +Sheriff might be defrauded of his customs, nevertheless he caused +four casks of wine belonging to Ralph le Mazun of Westminster to +be carried from the City of Westminster without the Sheriff's +mark, thus defrauding the latter of his customs in contempt of +the King etc. The defendant acknowledged the trespass. Judgment +that he remain in the custody of the Sheriff till he satisfy the +King and the Court for offense." + +"Walter atte Belhaus, William atte Belhous, Robert le Barber +dwelling at Ewelleshalle, John de Lewes, Gilbert le Gras, John +his son, Roger le Mortimer, William Ballard atte Hole, Peter de +Sheperton, John Brun and the wife of Thomas the pelterer, +Stephen de Haddeham, William de Goryngg, Margery de +Frydaiestrate, Mariot, who dwells in the house of William de +Harwe, and William de Hendone were attached to answer for +forestalling all kinds of grain and exposing it, together with +putrid grain, on the pavement, for sale by the bushel, through +their men and women servants; and for buying their own grain +from their own servants in deception of the people. The +defendants denied that they were guilty and put themselves on +their country. A jury of Richard de Hockeleye and others brought +in a verdict of guilty, and the defendants were committed to +prison til the next Parliament." + +"Peter the Surgeon acknowledged himself bound to Ralph de +Mortimer, by Richard atte Hill his attorney, in the sum of 20s., +payable at certain terms, the said Ralph undertaking to give +Peter a letter of acquittance [release from a debt]. This +Recognizance arose out of a covenant between them with regard to +the effecting of a cure. Both were amerced for coming to an +agreement out of Court. A precept was issued to summon all the +surgeons of the City for Friday, that an enquiry might be made +as to whether the above Peter was fitted to enjoy the profession +of a surgeon." + +"Thomas de Kydemenstre, shoemaker, was summoned to answer William +de Beverlee, because he did not clothe, feed and instruct his +apprentice Thomas, William's son, but drove him away. The +defendant said that the apprentice lent his master's goods to +others and promised to restore them or their value, but went +away against his wish; and he demanded a jury. Subsequently, a +jury of William de Upton and others said the apprentice lent two +pairs of shoes belonging to his master and was told to restore +them, but, frightened by the beating which he received, ran +away; further that the master did not feed and clothe his +apprentice as he ought, being unable to do so, to the +apprentice's damage 40d., but that he was now in a position to +look after his apprentice. Thereupon Thomas de Kydemenstre said +he was willing to have the apprentice back and provide for him, +and the father agreed. Judgment that the master take back the +apprentice and feed and instruct him, or that he repay to the +father, the money paid to the latter, and that he pay the father +the 40d. and be in mercy." + +A professional class of temporal lawyers is prominent in the +nation. They were educated and certified at the new Inns of +Court in London. Some are employed by the King. Judge tend to be +recruited from among those who had passed their lives practicing +law in court, instead of from the ecclesiastical orders. Men +learned All lawyers were brought under the control of the +judges. + +There are two types of attorneys: one appears in the place of his +principal, who does not appear. The appointment of such an +attorney is an unusual and a solemn thing, only to be allowed on +special grounds and with the proper formalities. For instance, a +poor person may not be able to afford to travel to attend the +royal court in person. The other type of attorney accompanies his +client to court and advocates his position with his knowledge of +the law and his persuasiveness. + +The great litigation of the nation is conducted by a small group +of men, as is indicated by the earliest Year Books of case +decisions. They sit in court and one will sometimes intervene as +amicus curiae [friends of the court]. Parliament refers +difficult points of law to them as well as to the judges. In +1280, the city of London made regulations for the admission of +both types of attorneys to practice before the civic courts, and +for their due control. In 1292 the King directed the judges to +provide a certain number of attorneys and apprentices to follow +the court, who should have the exclusive right of practicing +before it. This begins the process which will make the attorney +for legal business an "officer of the court" which has appointed +him. + +Because the common law and its procedures have become technical +and rigid, the Chancery was given equity jurisdiction by statute +in 1285. In Chancery, if there is a case with no remedy +specified in the law, that is similar to a case for which there +is a writ, then a new writ may be made for that case. These were +called "actions on the case". This added to Chancery's work of +now hearing petitions of misconduct of government officials or +of powerful oppressors, wardship of infants, dower, rent +charges, fraud, accident, and abuse of trust. Also, Parliament +may create new remedies. + +Disputes within the royal household were administered by the +King's steward. He received and determined complaints about acts +or breaches of the peace within twelve miles around the King's +person or "verge". He was assisted by the marshall in the "court +of the hall" and by the clerk of the market when imposing fines +for trading regulation violations in the "court of the market". + + + +Chapter 9 + +The Times: 1348-1399 + +Waves of the black death, named for the black spots on the body, +swept over the nation. The first wave of this plague, in 1348, +decimated the population by about one half in the towns and one +third in the country. People tried to avoid the plague by +flight. The agony and death of so many good people caused some +question their belief in God. Also, it was hard to understand why +priests who fled were less likely to die than priests who stayed +with the dying to give them the last rites. Thus begins a long +period of disorganization, unrest, and social instability. +Customary ways were so upset that authority and tradition were no +longer automatically accepted. Fields lay waste and sheep and +cattle wandered over the countryside. Local courts could not be +held. Some monasteries in need of cash sold annuities to be paid +in the form of food, drink, clothing, and lodging during the +annuitant's life, and sometimes that of his widow also. Guilds +and rich men made contributions to the poor and ships with +provisions were sent to various parts of the country for the +relief of starving people. + +Farm workers were so rare that they were able to demand wages at +double or triple the pre-plague rate. Prices did not go up +nearly as much. The villeins had become nomadic, roaming from +place to place, seeking day work for good wages where they could +get it, and resorting to thievery on the highways or beggary +where they could not. The Robin Hood legends were popular among +them. + +They spread political songs among each other, such as: "To seek +silver to the King, I my seed sold; wherefore my land lieth +fallow and learneth to sleep. Since they fetched my fair cattle +in my fold; when I think of my old wealth, well nigh I weep. +Thus breedeth many beggars bold; and there wakeneth in the world +dismay and woe, for as good is death anon as so for to toil." + +Groups of armed men took lands, manors, goods, and women by +force. The villeins agreed to assist each other in resisting by +force their lords' efforts to return them to servitude. Justices +became afraid to administer the law. Villeins, free peasants, +and craftsmen joined together and learned to use the tactics of +association and strikes against their employers. + +The office of Justice of the Peace was created for every county +to deal with rioting and vagrants. Cooperation by officials of +other counties was mandated to deal with fugitives from its +justice. + +When there were attempts to enforce the legal servitude of the +villeins, they spread rhymes of their condition and need to +revolt. A secret league, called the "Great Society" linked the +centers of intrigue. A poll tax for a war with France touched +off a riot all over the nation in 1381. This tax included people +not taxed before, such as laborers, the village smith, and the +village tiler. By this time, the black death had reduced the +population from 5 million to 2 1/2 million. It was to rise to 4 +million by 1600. + +Mobs overran the counties around London. The upper classes fled +to the woods. But the Chief Justice was murdered while fleeing. +Written records of the servitude of villeins were burned in +their halls, which were also looted. Prisoners were released +from jails. The archbishop, who was a notoriously exploitive +landlord, and the Treasurer were beheaded on Tower Hill and their +heads were posted over London Bridge. The villeins demanded that +service to a lord be by agreement instead of by servitude, a +ceiling on rents of 4d. per acre yearly, abolition of a lord's +right for their work on demand (e.g. just before a hail storm so +only his crops were saved), and the right to hunt and fish. + +The revolt was suppressed and its leaders punished. Also, the +duty to deal with rioting and vagrants was given to royal +judges, sheriffs, mayors, bailiffs, and constables as well as +the Justices of the Peace. There was a high constable in each +hundred and a petty constable in each parish. Justices of the +peace could swear in neighbors as unpaid special constables when +disorder broke out. + +The sheriff was responsible for seeing that men of the lower +classes were organized into groups of ten for police and surety +purposes, and for holding of hundred and shire courts, arresting +suspects, guarding prisoners awaiting trial, carrying out the +penalties adjudged by the courts, and collecting Crown revenue +through his bailiffs. Royal writs were addressed to the sheriff. +Because many sheriffs had taken fines and ransoms for their own +use, a term limit of one year was imposed. Sheriffs, hundreders, +and bailiffs had to have lands in the same shires or bailiwicks +[so they could be held answerable to the King]. + +Efforts were made to keep laborers at the plough and cart rather +than learn a craft or entering and being educated by the church. +The new colleges at the universities ceased to accept villeins +as students. + +Due to the shortage of labor, landlords' returns had decreased +from about 20% to 5%. But some found new methods of using land +that were more profitable than the customary services of +villeins who had holdings of land or the paid labor of +practically free men who paid a money rent for land holdings. +One method was to turn the land to sheep-breeding. Others leased +their demesne land, which transferred the burden of getting +laborers from the landlord to the lessor- tenant. The payment was +called a "farm" and the tenant a "farmer". First, there were +stock-and-land leases, in which both the land and everything +required to cultivate it were let together. After 50 years, when +the farmers had acquired assets, there were pure land leases. +The commutation of labor services into a money payment developed +into a general commutation of all services. Lords in need of +money gladly sold manumissions to their villeins. The lord and +lady of some manors now ate by themselves in a private parlor +with a fireplace of its own and the great hall was deserted. + +Some farmers achieved enough wealth to employ others as laborers +on their farms. The laborers lived with their employer in his +barn, sleeping on hay in the loft, or in mud huts outside the +barn. The farmer's family lived at one end of the barn around an +open fire. Their possessions typically were: a chest, a trestle +table, benches, stools, an iron or bronze cauldron and pots, +brooms, wooden platters, wooden bowls, spoons, knives, wooden or +leather jugs, a salt box, straw mattresses, wool blankets, linen +towels, iron tools, rushlightholders, and livestock. Some +farmers could afford to have a wooden four-posted bedstead, +hens, geese, pigs, a couple of cows, a couple of sheep, or two +plow oxen. They ate dark bread and beans and drank water from +springs. Milk and cheese were a luxury for them. Farming still +occupied the vast majority of the population. Town inhabitants +and university students went into the fields to help with the +harvest in the summer. + +Town people had more wealth than country people. Most townspeople +slept in nightgowns and nightcaps in beds with mattresses, +blankets, linen sheets, and pillows. Beds were made every +morning. Bathing was by sponging hot water from a basin over the +body, sometimes with herbs in it, rinsing with a splash of warm +water, and drying off with a towel. Tubs just for baths came into +use. There were drapery-rugs hung around beds, hand-held mirrors +of glass, and salt cellars. The first meal of the day was +breakfast, which broke the fast lasting the night. Meals were +often prepared according to recipes from cook books which +involved several preparation procedures using flour, eggs, sugar, +cheese, and grated bread, rather than just simple seasoning. +Menus were put together with foods that tasted well together and +served on plates in several courses. Table manners included not +making sounds when eating, not playing with one's spoon or +knife, not placing one's elbows on the table, keeping one's mouth +clean with a napkin, and not being boisterous. There were +courtesies such as saying "Good Morning" when meeting someone +and not pointing one's finger at another person. King Richard II +invented the handkerchief for sneezing and blowing one's nose. +There were books on etiquette. + +New burgesses were recruited locally, usually from within a 20 +mile radius of town. Most of the freemen of the larger boroughs, +like Canterbury and London, came from smaller boroughs. An +incoming burgess was required to buy his right to trade either +by way of a seven year apprenticeship or by payment of an entry +fee. To qualify, he needed both a skill and social +respectability. + +Towns started acquiring from the King the right to vacant sites +and other waste places, which previously was the lord's right. +The perpetuality of towns was recognized by statutes of 1391, +which compared town-held property to church-held property. The +right of London to pass ordinances was confirmed by charter. Some +towns had a town clerk, who was chief of full-time salaried +officers. There was a guildhall to maintain, a weigh-house, +prison, and other public buildings, municipal water supplies, +wharves, cranes, quays, wash-houses, and public lavatories. + +After the experience of the black death, some sanitary measures +were taken. The notorious offenders in matters of public hygiene +in the towns, such as the butchers, the fishmongers, and the +leather tanners were assigned specific localities where their +trades would do least harm. The smiths and potters were excluded +from the more densely populated areas because they were fire +risks. In the town of Salisbury, there was Butcher Row, Ox Row, +Fish Row, Ironmongers' Row, Wheelwrights' Row, Smiths' Row, Pot +Row, Silver Street, Cheese Market, and Wool Market. + +Fresh water was brought into towns by pipe or open conduit as a +public facility, in addition to having public wells. In London, +a conduit piped water underground to a lead tank, from which it +was delivered to the public by means of pipes and brass taps in +the stone framework. This was London's chief water supply. Water +carriers carried water in wooden devices on their backs to +houses. The paving and proper drainage of the streets became a +town concern. Building contracts began specifying the provision +of adequate cesspits for the privies at town houses, whether the +toilets were built into the house or as an outhouse. Also, in +the better houses, there grew a practice of carting human and +animal fecal matter at night to dung heaps outside the city +walls. There was one public latrine in each ward and about +twelve dung-carts for the whole city. Country manor houses had +toilets on the ground floor and/or the basement level. +Stairwells between floors had narrow and winding steps. + +In London, the Goldsmiths, the Mercers, and the Saddlers became +the first guilds to receive, in 1394-5, charters of +incorporation, which gave them perpetual existence. As such they +could hold land in "mortmain", thus depriving the King of rights +that came to him on the death of a tenant-in-chief. They were +called Livery Companies. + +In all towns, the organization of craft associations spread +rapidly downwards through the trades and sought self-government. +Craft guilds were gaining much power relative to the old +merchant guilds in governing the towns. The greater crafts such +as the fishmongers, skinners, and the corders organized and +ultimately were recognized by town authorities as self-governing +craft guilds. The building trade guilds such as the tilers, +carpenters, masons, and joiners, became important. Masons were +still itinerant, going to sites of churches, public buildings, +or commanded by the King to work on castles. The guild was not +necessarily associated with a specific product. For instance, a +saddle and bridle were the result of work of four crafts: joiner +(woodworker), painter, saddler (leather), and lorimer (metal +trappings). + +In London in 1392 craft guilds included: baker, fishmonger (cut +up and sold fish), fruiterer, brewer, butcher, bird dealer, +cook, apothecary (sold drugs he had ground up), cutler (made +knives and spoons), barber, tailor, shoemaker, glover (made +gloves), skinner (sold furs), girdler (made girdles of cloth to +wear around one's waist), pouchmaker, armorer, sheathmaker, +weaver, fuller (made cloth full and dense), painter, carpenter, +joiner (woodworker who finished interior woodwork such as doors +and made furniture), tiler, mason (cut stone for buildings), +smith (made metal tools for stonemasons and builders), tallow +chandler (made candles and sometimes soap from the fat and +grease the housewife supplied), wax chandler (made candles), +stirrup maker, spurrier (made spurs), and hosteler (innkeeper). +However, the merchant guilds of the goldsmiths, vintners (sold +wine), mercers (sold cloth), grocers, and drapers (finished and +sold English cloth) were still strong. The goldsmiths, tailors, +skinners, and girdlers bought royal charters, which recognized +their power of self-government as a company and their power to +enforce their standards, perhaps throughout the country. Freemen +in one company could practice the trade of another company. +There were paint mills and saw mills replacing human labor. Women +who spent their days spinning with the new spinning wheel were +called "spinsters". + +Many of the guilds bought sites on which they built a chapel, +which was later used as a secular meeting place. The guild +officers commonly included an alderman, stewards, a dean, and a +clerk, who were elected. The guild officers sat as a guild court +to determine discipline for offences such as false weights or +measures or false workmanship or work and decided trade disputes. +The brethren in guild fraternity were classified as masters, +journeymen, or apprentices. They were expected to contribute to +the support of the sick and impoverished in their fellowship. +Their code required social action such as ostracizing a man of +the craft who was living in adultery until he mended his ways. + +The rules of the Company of Glovers were: + +1. None but a freeman of the city shall make or sell gloves. + +2. No glover may be admitted to the freedom of the city unless +with the assent of the wardens of the trade. + +3. No one shall entice away the servant of another. + +4. If a servant in the trade makes away with his master's +chattels to the value of 12d., the wardens shall make good the +loss; and if the servant refuses to be judged by the wardens, he +shall be taken before the mayor and aldermen. + +5. No one may sell his goods by candle-light. + +6. Any false work found shall be taken before the mayor and +aldermen by the wardens. + +7. All things touching the trade within the city between those +who are not freemen shall be forfeited. + +8. Journeymen shall be paid their present rate of wages. + +9. Persons who entice away journeymen glovers to make gloves in +their own houses shall be brought before the mayor and aldermen. + +10. Any one of the trade who refuses to obey these regulations +shall be brought before the mayor and aldermen. + +Cordwainers [workers in soft cordovan leather from Spain, +especially shoes] of good repute petitioned the city of London +in 1375 for ordinances on their trade as follows: + +'To the mayor and aldermen of the city of London pray the good +folks of the trade of cordwainers of the same city, that it may +please you to grant unto them the articles that follow, for the +profit of the common people; that so, what is good and right may +be done unto all manner of folks, for saving the honor of the +city and lawfully governing the said trade. + +In the first place - that if any one of the trade shall sell to +any person shoes of bazen [sheep-skin tanned in oak or +larch-bark] as being cordwain, or of calf- leather for +ox-leather, in deceit of the common people, and to the scandal of +the trade, he shall pay to the Chamber of the Guildhall, the +first time that he shall be convicted thereof, forty pence; the +second time, 7s. half a mark; and the third time the same, and +further, at the discretion of the mayor and aldermen. + +Also - that no one of the trade shall keep house within the +franchise if he be not free [invested with the rights or +privileges] of the city and one knowing his trade, and that no +one shall be admitted to the freedom without the presence of the +wardens of the trade bearing witness to his standing, on the pain +aforesaid. + +Also - if any one of the trade shall be found offending touching +the trade, or rebellious against the wardens thereof, such +person shall not make complaint to any one of another trade, by +reason of the discord or dissension that may have arisen between +them; but he shall be ruled by the good folks of his own trade. +And if he shall differ from them as acting against right, then +let the offense be adjudged upon before the mayor and aldermen; +and if he be found rebellious against the ordinance, let him pay +to the Chamber the sum above mentioned. + +Also - that no one of the trade shall entice or purloin the +servant of another from the service of his master by paying him +more than is ordained by the trade, on the pain aforesaid. + +Also - that no one shall carry out of his house any wares +connected with his trade for sale in market or elsewhere except +only at a certain place situated between Soperesland and the +Conduit; and that at a certain time of the day, that is to say, +between prime [the first hour of the day] and noon. And that no +shoes shall exceed the measure of seven inches, so that the +wares may be surveyed by the good folks of the trade, because of +the deceit upon the common people that might ensue and the +scandal of the trade, on the pain aforesaid. + +Also - that no one shall expose his wares openly for sale in +market on Sundays at any place, but only within his own dwelling +to serve the common people, on the pain aforesaid. + +Also - that if any one sells old shoes, he shall not mix new +shoes among the old in deceit of the common people and to the +scandal of the trade, on the pain aforesaid." + +Smithfield was a field outside the city gates at which horses +were sold and raced. In 1372, the horsedealers and drovers +petitioned for a tax on animals sold there to pay for cleaning +the field. The city ordinance reads as follows: "On Wednesday +next after the Feast of St. Margaret the Virgin came reputable +men, the horsedealers and drovers, and delivered unto the mayor +and aldermen a certain petition in these words: 'To the mayor, +recorder, and aldermen show the dealers of Smithfield, that is +to say, the coursers and drovers, that for the amendment of the +said field they have granted and assented among them that for +the term of three years next ensuing after the date of this +petition for every horse sold in the said field there shall be +paid one penny, for every ox and cow one half-penny, for every +eight sheep one penny, and for every swine one penny by the +seller and the same by the purchaser who buys the same for +resale.` Afterwards, on the eleventh day of August in the same +year, Adam Fernham, keeper of the gaol at Newgate, Hugh, +Averelle, bailiff of Smithfield, and William Godhewe, weaver, +were chosen and sworn faithfully to collect and receive the said +pennies in form aforesaid and to clean the field of Smithfield +from time to time during such term of three years when +necessary." + +Many London houses were being made from stone and timber and even +brick and timber, instead of just timber and mud. However, +chimneys were still a luxury of the rich. There were windows of +glass and a guild of glaziers was chartered by the King. Many +single-roomed houses added a second-floor room for sleeping, +which was approached by a wooden or stone staircase from the +outside. Goods were displayed on a booth outside the door of the +house or hung in the windows. They were stored at night in the +cellar. Over the booths swung huge signs, which had to be nine +feet above street level to allow a man on horseback to ride +underneath. There were no sidewalks. Street repair work for +wages was supervised by a stone master. The streets sloped down +from the middle so that the filth of the streets would run down +the sides of the road. People sometimes threw the rubbish from +their houses onto the street although they were supposed to cart +it outside the city walls and to clean the frontage of their +houses once a week. Dustmen scavenged through the rubbish on the +streets. Pigs and geese were not allowed to run at large in the +streets, but had to be fed at home. There were other city rules +on building, public order, the use of fountains, precautions +against fire, trading rights in various districts, closing time +of taverns, and when refuse could be thrown into the streets, +e.g. nighttime. + +Aldermen were constantly making rounds to test measures and +weights, wine cups, the height of tavern signs, and the mesh of +the fishing nets, which had to be at least two inches wide. They +saw that the taverns were shut when curfew was rung and arrested +anyone on the street after curfew who had a weapon, for no one +with a sword was allowed on the streets unless he was some great +lord or other substantial person of good reputation. Wards +provided citizens to guard the gates in their respective +neighborhood and keep its key. + +The city was so dense that nuisance was a common action brought +in court, for instance, vegetable vendors near a church +obstructing passageway on the street or plumbers melting their +solder with a lower than usual shalt of the furnace so smoke was +inhaled by people nearby. + +Crime in London was rare. Murder, burglary, highway robbery, and +gross theft were punishable by hanging. Forgery, fraud, was +punishable by the placement in the pillory or stocks or by +imprisonment. Perjury was punished by confession from a high +stool for the first offense, and the pillory for the second. +Slander and telling lies was punished by the pillory and wearing +a whetstone around one's neck. + +Prominent Londoners sought to elevate their social position by +having their family marry into rural landholders of position. + +Many master freemasons, who carved freestone or finely grained +sandstone and limestone artistically with mallet and chisel, +left the country for better wages after their wages were fixed +by statute. The curvilinear gothic style of architecture was +replaced by the perpendicular style, which was simpler and +cheaper to build. Church steeples now had clocks on them with +dials and hands to supplement the church bell ringing on the +hour. + +Towns recognized surgery as a livelihood subject to admission and +oath to serve the social good. Master surgeons were admitted to +practice in 1369 in London in full husting before the mayor and +the aldermen and swore to: faithfully serve the people in +undertaking their cures, take reasonably from them, faithfully +follow their calling, present to the said mayor and aldermen the +defaults of others undertaking, so often as should be necessary; +to be ready, at all times when they should be warned, to attend +the maimed or wounded and others, to give truthful information +to the officers of the city as to such maimed, wounded, or +others whether they be in peril of death or not, and to +faithfully do all other things touching their calling. + +Some young girls of good families were boarded at nunneries to be +taught there. Some upper class widows retired there. Only women +were allowed to be present at a birth, at which they spread the +knowledge of midwifery. As usual, many women died giving birth. +Various ways to prevent pregnancy were tried. It was believed +that a baby grew from a seed of the father planted in the woman's +body. + +Infant mortality was especially high in boroughs and burgess +family lines usually died out. A three-generation family span +was exceptional in the towns, despite family wealth. + +Children's sweets included gingerbread and peppermint drops. +After the plague, gentlemen no longer had their children learn +to speak Norman. The grammar schools taught in English instead +of Norman. Bishops began to preach in English. Twenty years +later, English became the official language of the courts and of +Parliament. + +A will in 1389 in which a wealthy citizen arranges for one son to +become a lawyer and the other a merchant: "Will of William de +Tonge, citizen of London: One hundred marks [1,333s.] each to my +two sons. And I will that my said two sons shall live upon the +profits of the money bequeathed to them above until the age of +twenty years. And if my said two sons be well learned in grammar +and adorned with good manners, which shall be known at the end +of twenty years, and the elder son wish to practice common law, +and if it is known that he would spend his time well in that +faculty, I will that over and above the profit of the said one +hundred marks he shall have yearly from my rents for the term of +seven years five marks [67s.]. And if he should waste his time +aforesaid, or if he should marry foolishly and unsuitably, I +will that he receive nothing more of the said five marks. + +And if younger son wishes to attend the University of Oxford or +to establish himself well in the mystery of a merchant after the +age of twenty years, and [if] there be knowledge of his +praiseworthy progress in his faculty or his carefulness in +trading ... I will that he shall receive five marks yearly in the +manner described above for his maintenance, over and above the +profit of the said one hundred marks to him bequeathed, for the +space of seven years; and if he behave himself otherwise, I will +that thereupon he be excluded from the said five marks. And in +case the said bequest of 200 marks [2,667s.]to him and his +brother shall be annulled so that he shall have nothing therefrom +... then the said 200 marks shall be spent upon all the yearly +chaplains who can be had to celebrate divine service in the +church of All Hallows for my soul." + +England was still an agricultural rather than a manufacturing +country. Imported were cloth, silks, linen, velvets, furs, +glass, wines, candles, millstones, amber, iron, and mercury. +Exported were wool, leather, lead, tin, and alabaster for +sculpturing. But the London Society of the Merchant Adventurers, +which had a monopoly of trade with the Low Countries, now +manufactured cloth good enough for export and began to buy up +raw wool in such quantity that its export declined. + +An Oxford theologian and preacher, John Wyclif, voiced the +popular resentment of the materialism of the church, benefit of +clergy, immorality of priests, and the selling of indulgences +and pardons. He argued against the supremacy of the papal law +over the King's courts and against payments to the papacy. He +opined that the church had no power to excommunicate. The Friars +had become mere beggars and the church was still wealthy. He +proposed that all goods should be held in common by the +righteous and that the church should hold no property but be +entirely spiritual. He believed that people should rely on their +individual consciences. He thought that the Bible should be +available to people who could read English so that the people +could have a direct access to God without priests or the Pope. +Towards this end, he translated it from Latin into English in +1384. His preachers spread his views throughout the country. The +church then possessed about one-third of the land of the nation. + + +Stories were written about pilgrimage vacations of ordinary +people to religious sites in England. Geoffrey Chaucer's "Tales +of the Canterbury Pilgrims" portrayed characters of every social +class, including the knight with his squire, abbot, prioress, +nun, priest, monk, friar, poor parson of the country, summoner +(who enforced the jurisdiction and levied the dues of the church +courts), pardoner (sold pardons from the Pope), scholar, lawyer, +doctor, merchant, sailor, franklin, yeoman, haberdasher, +tapestry-maker, ploughman, cook, weaver, dyer, upholsterer, +miller, reeve, carpenter. + +It told stories about a beautiful and virtuous wife disliked by +her mother-in- law, the difficulty of marriage between people of +different religions, the hatred of a poor person b his brother +and his neighbor, rich merchants who visited other kingdoms, the +importance of a man himself following the rules he sets for +other people's behavior, the spite of a man for a woman who +rejected him, the relative lack of enthusiasm of a wife for sex +as compared to her husband, a mother giving up her own comfort +for that of her child, the revenge killing of a murderer by the +dead man's friends, the joy of seeing a loved one after years of +separation, that life is more sad than happy, that lost money can +be retrieved, but time lost is lost forever. + +Other stories in the Canterbury Tales were about two men who did +not remain friends after they fell in love with the same woman, +about a child who preferred to learn from an older child than +from his school-teacher, about a wife who convinced her husband +not to avenge her beating for the sake of peace, about a man who +woke up from bad dreams full of fear, about a man wanting to +marry a beautiful woman but later realizing a plain wife would +not be pursued by other men, about a man who drank so much wine +that he lost his mental and physical powers, about a woman who +married for money instead of love, about a man who said +something in frustration which he didn't mean, about a person +brought up in poverty who endured adversity better than one +brought up in wealth, about a wife who was loving and wise, +about a good marriage being more valuable than money, about a +virgin who committed suicide rather than be raped, about a wife +persuaded to adultery by a man who said he would otherwise kill +himself, about three men who found a pile of gold and murdered +each other to take it all, about an angry man who wanted to +kill, about a malicious man who had joy in seeing other men in +trouble and misfortune, about a man whose face turned red in +shame, about a wife expecting to have half of what her husband +owned. + +Will Langland's poem "The Vision of William Concerning Piers +Plowman" portrays a pilgrimage of common people to the shrine of +Truth led by a virtuous laborer. Mystics wrote practical advice +with transcendental teaching, for instance "Scale of Perfection" +attributed to Walter Hilton and "Cloud of Unknowing". Richard +Rolle wrote about spiritual matters, probably the "Prick of +Conscience". Richard de Bury wrote "Philobiblon" about book +lovers. Jean Froissart wrote the "Chronicles" on knights. +Courtly ideals were expressed in "Sir Gawaine and the Grene +Knyght", wherein the adventures of the hero, an Arthur knight, +are allegorical in the struggle against the world, the flesh, +and the devil (1370). "Pearl" eulogized all that is pure and +innocent on the event of the death of a two year old child. +Paper supplemented parchment, so there were more books. + +Political songs and poems were written about the evil times of +King Edward II, the military triumphs of King Edward III, and +the complaints of the poor against their oppressors, such as +"Song of the Husbandman". John Gower wrote moralizing poems on +the villein's revolt, the sins of the clergy and lawyers, and the +bad rule of King Richard II. Robin Hood ballads were popular. +The minstrel, who was a honorable person, replaced the +troubadour of older times. + +There were many colleges at Oxford and Cambridge due to the +prohibition of gifts to the church. Laymen instead of +ecclesiastics were appointed as Chancellor. The Masters at +Oxford got rid of ecclesiastical supervision by a bishop and +archdeacon by 1368. One could be admitted as a student at age +thirteen. + +A Bachelor of Arts degree was granted after four years of study +and an oral exam. Required reading in 1340 for the Bachelor's +Degree was Aristotlean logic and a selection from these works: +"Of Heaven and Earth", "On the Soul", "Of meteors", "Of Birth +and Decay", "Of Feeling and What is Felt", "Of Memory and +Recollection", "Of Sleep and Waking", "Of the Movement of +Animals", "Of Minor Points in Natural History". + +A Master of Arts degree could be awarded after three more years +of study and teaching. A Doctorate degrees in theology required +ten more years of study. A Doctorate in civil or canon law +required eight more years. A man with a degree in canon law who +wanted to practice in a certain bishop's court had to first +satisfy this bishop of his competence. The guilds gave rise to +the Inns of Court in London. They used the Register of Writs, +the case law of the Year Books, and disputation to teach their +students. + +For a doctorate in medicine from Oxford or Cambridge, five more +years plus two years of practice were required. Surgery was not +taught because it was considered manual labor. Humans were +thought to be influenced by four humors: sanguine, phlegmatic, +choleric, and melancholic. Urinalysis and pulse beat were used +for diagnosis. Epilepsy and apoplexy were understood as spasms +inside the head. It was known what substances served as +laxatives and diuretics. Teeth were extracted, eye cataracts +were removed with a silver needle, and skin from the arm was +grafted onto a mutilated face. + +Englishmen who had collected books on philosophy, medicine, +astronomy, and history and literature books from the continent +gave their collections to the universities, which started their +libraries. Marco Polo's discoveries on his journey to China were +known. + +The requirements of elementary and higher studies were adjusted +in 1393 and began the public school system. William of Wykeham's +school, St. Mary College of Winchester in Oxford was the +prototype. The curriculum was civil law, canon law, medicine, +astronomy with astronomical instruments that were made, theology, +and the arts. The arts textbooks were still grammar, logic, +Donatus, and Aristotle. Many laymen were literate, for instance +country gentry, merchants, and craftsmen. Laymen instead of +clerics were now appointed to the great offices of state. + +Parliament was composed of representatives from 100 boroughs and +37 shires. Merchants were entering Parliament and paid much of +the taxes. Some were created Earls and appointed as ministers to +the King. Edward III did not summon anyone to his council who +did not have the confidence of the magnates [barons, earls, +bishops, and abbots]. Under him, the commons took a leading part +in the granting of taxes and the presentation of petitions. + +At the 1376 Parliament, ("the Good Parliament") the Commons, +which formerly had only consented to taxes, took political +action by complaining that the King's councilors had grown rich +by war profiteering at the cost of impoverishing the nation and +the people were too poor to endure any more taxation for the war +and held a hearing on malfeasance of two ministers. The +Parliament found the charges proved and dismissed them from +office. This established the constitutional means for +impeachment and removal of ministers. The commons demanded that +its members be elected by shire citizens rather than appointed +by the sheriff. Actions of this Parliament were undone a few +months later. + +King Richard II exiled Henry of Lancaster, forbade his +inheritance, and took his property. This made all propertied men +anxious. The "Merciless Parliament" of 1388 swept out King +Richard II's friends. Parliament threw Richard II into prison +and elected Lancaster to be King Henry IV. This action +established clearly that royal decrees were subordinate to +parliamentary statutes. The House of Commons became very +powerful. + +So the roles of Parliament and the King's council are starting to +differentiate into legislative and executive, respectively. The +legislative function is law- making and the executive is +regulation-making that refines and effectuates the laws of +Parliament. But the legislative, executive and judicial +authorities have not as yet become so completely separated that +they cannot on occasion work together. + +There was a standard form of direct taxation voted by Parliament, +which was normally 1/10 of the value of all moveables in towns +and royal domains and 1/15 in the country. + +>From 1150 to 1400, resistance was an ordinary remedy for +political disagreements. If a popular leader raised his standard +in a popular cause, an irregular army could be assembled in a +day. (There was no regular army, since England was protected by +the sea from invasion.) So misgovernment by a King would be +quickly restrained. Society recovered quickly from conflict and +civil war because the national wealth consisted chiefly in +flocks and herds and in the simple buildings inhabited by the +people. In a week after armed resistance, the agricultural +worker was driving his team. There was little furniture, stock of +shops, manufactured goods, or machinery that could be destroyed. + +The feudal army was summoned for the last time in the 100 year +war with France, which began in 1337. In it the English longbow +was used to pierce French knights' armor. Guns and cannon with +gunpowder were introduced in 1338. They became common by 1372 +and foresaw the end to the competition between the strength of +arrows to pierce and the heaviness of armor to resist. +Featherbeds and blooded horses were favorite spoils of war +brought back to England. In th 1300s and 1400s, the King relied +on mercenaries hired directly or by contract with his great +nobles for foreign wars. + +Many lords got men to fight with them by livery and maintenance +employment agreements such as this one of 1374: "Bordeaux, +February 15. This indenture, made between our lord King John [of +Gaunt, of Castile, etc.] of the one part and Symkyn Molyneux, +esquire, of the other part, witnesses that the said Symkyn is +retained and will remain with our said lord for peace and for +war for the term of his life, as follows: that is to say, the +said Symkyn shall be bound to serve our said lord as well in time +of peace as of war in whatsoever parts it shall please our said +lord, well and fitly arrayed. And he shall be boarded as well in +time of peace as of war. And he shall take for his fees by the +year, as well in time of peace as of war, 133s. ten marks +[133s.4d] sterling from the issues of the Duchy of Lancaster by +the hands of the receiver there who now is or shall be in time to +come, at the terms of Easter and Michaelmas by even portions +yearly for the whole of his life. And, moreover, our lord has +granted to him by the year in time of war five marks [67s.] +sterling by the hands of the treasurer of war for the time being. +And his year of war shall begin the day when he shall move from +his inn towards our said lord by letters which shall be sent to +him thereof, and thenceforward he shall take wages coming and +returning by reasonable daily [payments] and he shall have +fitting freightage for him, his men, horses, and other harness +within reason, and in respect of his war horses taken and lost +in the service of our said lord, and also in respect to +prisoners and other profits of war taken or gained by him or any +of his men, the said our lord will do to him as to other squires +of his rank." + +Forecastles and stern castles on ships were lower and broader. +Underneath them were cabins. The English ship was still +single-masted with a single square sail. A navy was formed with +over 200 ships selected by the English admirals acting for the +King at the ports. Men were seized and pressed into service and +criminals were pardoned from crimes to become sailors in the +fleet, which was led by the King's ship. They used the superior +longbow against the French sailor's crossbow. In 1372, the Tower +of London had four mounted fortress cannon and Dover had six. + +The war's disruption of shipping caused trade to decline. But the +better policing of the narrow seas made piracy almost disappear. + + +In 1363, Calais, a continental town held by the English, became +the staple town for lead, tin, cloth, and wool and was placed +under a group of London capitalists: the Merchants of the +Staple. All exports of these had to pass through Calais, where +customs tax was collected. Merchants who took cloth abroad to +various places to sell, personally or by agents, were called +merchant adventurers to distinguish them from the Merchant of +the Staple. + +Waterpower was replacing foot power in driving the mills where +cloth was cleaned and fulled [thickened]. + +A boundary dispute between two barons resulted in the first true +survey map. Nine cow pastures were divided by a boundary marked +by a shield on a pole which the commission of true and sworn men +had set up. + +Bethlehem Hospital was used from 1377 to house the mentally ill. + + +The Law + +After the Black Death of 1348 these statutes were enacted: + +High treason was defined by statute in 1352 as levying war +against the King, aiding the King's enemies, compassing or +imagining the death of the King, Queen, or their eldest son and +heir, or violating the Queen or the eldest unmarried daughter or +the wife of the King's eldest son and heir, making or knowingly +using counterfeits of the King's great or privy seal or coinage, +or slaying the Chancellor, Treasurer, or any justice in the +exercise of their duty. The penalty was forfeit of life and +lands. During the reign of King Richard II, who was later +disposed, high treason was extended to include making a riot and +rumor, compassing or purposing to depose the King, revoking +one's homage or liege to the King, and attempting to repeal a +statute. But these extensions were repealed after he was +deposed. + +Petit treason was defined by statute and included a servant +slaying his master, a wife her husband, or a man his lord, to +whom was owed faith and obedience. + +No one shall tell false news or lies about prelates, dukes, +earls, barons, and other nobles and great men or the Chancellor, +Treasurer, a Justice, Clerk of the Privy Seal, Steward of the +King's house whereby debates and discords might arise between +these lords or between the lords and the commons. Cases shall be +tried by the King's Council, which included the Chancellor, +Treasurer, and chief justices. + +Preachers drawing crowds by ingenious sermons and inciting them +to riot shall be arrested by sheriffs and tried by the +ecclesiastical court. + +Any stranger passing at night of whom any have suspicion shall be +arrested and taken to the Sheriff. + +No man shall ride with a spear, upon pain of forfeiting it. + +No servant of agriculture or laborer shall carry any sword or +dagger, or forfeit it, except in time of war in defense of the +nation. He may carry bow and arrow [for practice] on Sundays and +holy days, when he should not play games such as tennis. +football, or dice. + +No one may enter another's land and tenements by strong hand nor +with a mob, upon pain of imprisonment and ransom at the King's +will. + +Charters, releases, obligations, [quit-claim deeds] and other +deeds burnt or destroyed in uprisings shall be reissued without +fee, after trial by the King and his council. Manumissions, +obligations, releases and other bonds and feoffments in land +made by force, coercion or duress during mob uprisings are void. + +Men who rape and women consenting after a rape shall lose their +inheritance and dower and joint feoffments. The husbands, or +father or next of kin of such women may sue the rapist by +inquisition, but not by battle. The penalty is loss of life and +member. + +The Statute of Laborers of 1351 required all workers, from +tailors to ploughmen, to work only at pre-plague wage rates and +forced the vagrant peasant to work for anyone who claimed him or +her. It also encouraged longer terms of employment as in the +past rather than for a day at a time. Statutory price controls on +food limited profits to reasonable ones according to the +distance of the supply. Later, wages were determined in each +county by Justices of the Peace according to the dearth of +victuals while allowing a victualler a reasonable profit and a +penalty was specified as paying the value of the excess wages +given or received for the first offense, double this for the +second offense, and treble this or forty days imprisonment for +the third offense. + +A fugitive laborer will be outlawed, and when found, shall be +burnt in the forehead with the letter "F" for falsity. + +Children who labored at the plough and cart or other agriculture +shall continue in that labor and may not go into a craft. + +A statute of 1363 designed to stop hoarding various types of +merchandise until a type became scarce so to sell it at high +prices, required merchants to deal in only one type of +merchandise. It also required craftsmen to work in only one +craft as before (except women who traditionally did several +types of handiwork). This was repealed a year later. + +Where scarcity has made the price of poultry high, it shall be +lowered to 8d. for a young capon, 7d. for an old capon or a +goose, 9d. for a hen, and 10d. for a pullet. + +The fares for passage on boats on fresh waters and from Dover to +the continent shall remain at their old rate. + +Any merchant selling at a fair after it has ended will forfeit to +the King twice the value of that sold. + +Anyone finding and proving cloth contrary to the assize of cloth +shall have one- third of it for his labor. + +No shoemaker nor cordwainer shall tan their leather and no tanner +shall make shoes, in order that tanning not be false or poorly +done. + +The staple was reinstituted by statute of 1353 after an +experiment without it, in which profits of a staple went to +staples outside the nation. The rationale for the staple was to +facilitate inspection of quality and the levy of customs. Wool, +woolfells, leather, and lead sold for export had to go through +the staple town. The penalty was forfeiture of lands, tenements, +goods, and chattel. (The staple statute remained basically +unchanged for the next 200 years.) The mayor and constables of +the staple were elected annually by the native and foreign +merchants of the place. The mayor gave validity to contracts for +a set fee, by seal of his office. He and the constables had +jurisdiction over all persons and things touching the staple, +which was regulated by the Law Merchant in all matters of +contract, covenant, debt, and felonies against foreign merchants. +A Hue and Cry was required to be raised and followed for anyone +taking a cart of merchandise or slaying a merchant, denizen +[resident alien] or alien, or the town would answer for the +robbery and damage done. + +All denizen [foreigner permitted to reside in the realm with +certain rights and privileges] and alien merchants may buy and +sell goods and merchandise, in gross, in any part of the +country, despite town charters or franchises, to anyone except +an enemy of the King. They may also sell small wares: victuals, +fur, silk, cover chiefs, silver wire, and gold wire in retail, +but not cloth or wine. They must sell their goods within three +months of arrival. Any alien bringing goods to the nation to +sell must buy goods of the nation to the value of at least +one-half that of his merchandise sold. These merchants must +engage in no collusion to lower the price of merchandise +bought, take merchandise bought to the staple, and promise to +hold no staple beyond the sea for the same merchandise. An +amendment disallowed denizens from taking wools, leather, +woolfells, or lead for export, but only strangers. + +Towns failing to bring disturbers of this right to justice shall +forfeit their franchise to the King and pay double damages to +the merchant. The disturber shall be imprisoned for a year. + +Cloth may not be tacked nor folded for sale to merchants unless +they are opened to the buyers for inspection, for instance for +concealed inferior wool. Workers, weavers, and fullers shall put +their seals to every cloth. And anyone could bring his own +wools, woolfells, leather, and lead to the staple to sell without +being compelled to sell them in the country. Special streets or +warehouses were appointed with warehouse rent fixed by the mayor +and constables with four of the principal inhabitants. Customs +duties were regulated and machinery provided for their +collection. No one was to forestall or regrate, that is, buy at +one price and sell at a higher price in the same locale. +Forestallers were those who bought raw material on its way to +market. Regrators were those who tried to create a "corner" in +the article in the market itself. + +Anyone may ship or carry grain out of the nation, except to +enemies, after paying duties. But the council may restrain this +passage when necessary for the good of the nation. Any merchant, +privy or stranger, who was robbed of goods on the sea or lost +his ship by tempest or other misfortune on the sea banks, his +goods coming to shore could not be declared Wreck, but were to be +delivered to the merchant after he proves ownership in court by +his marks on the goods or by good and lawful merchants. + +All stakes and obstacles set up in rivers impeding the passage of +boats shall be removed. + +Imported cloth shall be inspected by the King's officials for +non-standard measurements or defects [despite town franchises]. + +No one shall leave the nation except at designated ports, on pain +of one year's imprisonment. + +English merchants may carry their merchandise in foreign ships if +there are no English ships available. + +Social distinctions by attire were mandated by statute of 1363. A +servant, his wife, son, or daughter, shall only wear cloth worth +no more than 27s. and shall not have more than one dish of meat +or fish a day. Carters, ploughmen, drivers of the plough, +oxherds, cowherds, shepherds, and all other people owning less +than 40s. of goods and chattels shall only wear blanket and +russet worth no more than 12d. and girdles of linen according to +their estate. Craftsmen and free peasants shall only wear cloth +worth no more than 40s. Esquires and gentlemen below the rank of +knight with no land nor rent over 2,000s. a year shall only wear +cloth worth no more than 60s., no gold, silver, stone, fur, or +the color purple. Esquires with land up to 2,667s. per year may +wear 67s. cloth, cloth of silk and silver, miniver [grey] fur +and stones, except head stones. Merchants, citizens, burgesses, +artificers, and people of handicraft having goods and chattels +worth 10,000s. shall wear cloth the same value as that worn by +esquires and gentlemen with land or rent within 2,000s. per +year. The same merchants and burgesses with goods and chattels +worth 13,333s. and esquires and gentlemen with land or rent +within 400s. per year may not wear gold cloth, miniver fur, +ermine [white] fur, or embroidered stones. A knight with land or +rents within 2,667s. yearly are limited to cloth of 80s., but +his wife may wear a stone on her head. Knights and ladies with +land or rents within 8,000s. to 20,000s. yearly may not wear fur +of ermine or of letuse, but may wear gold, and such ladies may +wear pearls as well as stones on their heads. The penalty is +forfeiture of such apparel. This statute is necessary because of +"outrageous and excessive apparel of diverse persons against +their estate and degree, to the great destruction and +impoverishment of all the land". + +If anyone finds a hawk [used to hunt birds, ducks, and pheasant] +that a lord has lost, he must take it to the sheriff for keeping +for the lord to claim. If there is no claim after four months, +the finder may have it only if he is a gentleman. If one steals +a hawk from a lord or conceals from him the fact that it has been +found, he shall pay the price of the hawk and be imprisoned for +two years. + +No laborer or any other man who does not have lands and tenements +of the value of 40s. per year shall keep a greyhound [or other +hound or dog] to hunt, nor shall they use nets or cords or other +devices to take [deer, rabbits, conies, nor other gentlemen's +game], upon pain of one year imprisonment. + +No man shall eat more than two courses of meat or fish in his +house or elsewhere, except at festivals, when three are allowed +[because great men ate costly meats to excess and the lesser +people were thereby impoverished]. + +No one may export silver, whether bullion or coinage, or wine +except foreign merchants may carry back the portion of their +money not used to buy English commodities. The penalty for +bringing false or counterfeit money into the nation is loss of +life and member. An assigned searcher [inspector] for coinage of +the nation on the sea passing out of the nation or bad money in +the nation shall have one third of it. No foreign money may be +used in the nation. + +Each goldsmith shall have an identifying mark, which shall be +placed on his vessel or work only after inspection by the King's +surveyor. + +No one shall give anything to a beggar who is capable of working. + +Vagrants begging in London were banned by this 1359 ordinance: +"Forasmuch as many men and women, and others, of divers +counties, who might work, to the help of the common people, have +betaken themselves from out of their own country to the city of +London and do go about begging there so as to have their own ease +and repose, not wishing to labor or work for their sustenance, to +the great damage of the common people; and also do waste divers +alms which would otherwise be given to many poor folks, such as +lepers, blind, halt, and persons oppressed with old age and +divers other maladies, to the destruction of the support of the +same - we do command on behalf of our lord the King, whom may God +preserve and bless, that all those who go about begging in the +said city and who are able to labor and work for the profit of +the common people shall quit the said city between now and +Monday next ensuing. And if any such shall be found begging +after the day aforesaid, the same shall be taken and put in the +stocks on Cornhill for half a day the first time, and the second +time he shall remain in the stocks one whole day, and the third +time he shall be taken and shall remain in prison for forty days +and shall then forswear the said city forever. And every +constable and the beadle of every ward of the said city shall be +empowered to arrest such manner of folks and to put them in the +stocks in manner aforesaid." + +The hundred year cry to "let the King live on his own" found +fruition in a 1352 statute requiring consent of the Parliament +before any commission of array for militia could be taken and a +1362 statute requiring purchases of goods and means of +conveyance for the King and his household to be made only by +agreement with the seller and with payment to him before the +King traveled on, instead of at the low prices determined +unilaterally by the King's purveyer. + +Every man who has wood within the forest may take houseboot and +heyboot in his wood without being arrested so long as it take +such within the view of the foresters. + +English was made the official language of the courts, replacing +French and Latin, and schools in 1362 and of Parliament, +replacing Anglo-Norman, in 1363. + +No fecal matter, dung, garbage, or entrails of animals killed +shall be put into ditches or rivers or other waters, so that +maladies and diseases will not be caused by corrupted and +infected air. The penalty is 400s. to the King after trial by +the Chancellor. + +Gifts or alienation of land to guilds, fraternities, or towns are +forbidden. Instead, it escheats to its lord, or in his default, +to the King. + +No man will be charged to go out of his shire to do military +service except in case of an enemy invasion of the nation. Men +who chose to go into the King's service outside the nation shall +be paid wages by the King until their return. + +Admiralty law came into being when ancient naval manners and +customs were written down as the "Black Book of the Admiralty". +This included the organization of the fleet under the Admiral, +sea-maneuver rules such as not laying anchor until the Admiral's +ship had, engagement rules, and the distribution of captured +goods: one-fourth to the vessel owner, one-fourth to the King if +the seamen were paid by the King's wages, and the rest divided +among the crew and Admiral. Stealing a boat or an anchor holding +a boat was punishable by hanging. Stealing an oar or an anchor +was punishable by forty days imprisonment for the first offense, +six months imprisonment for the second, and hanging for the +third. Desertion was punishable by loss of double the amount of +wages earned and imprisonment for one year. Cases were tried by +jury in the Admiral's court. + +Wines, vinegar, oil and honey imported shall be gauged by the +King's appointees. + +A man may not hire another man to fight in his place in a +quarrel, except one living in his household or his esquire. + + +Judicial Procedure + +The office of Justice of the Peace was developed and filled by +knights, esquires and gentlemen who were closely associated with +the magnates. There was no salary nor any requirement of +knowledge of the law. They were to pursue, restrain, arrest, +imprison, try, and duly punish felons, trespassers, and rioters +according to the law. They were expected to arrest vagrants who +would not work and imprison them until sureties for good +behavior was found for them. They also were empowered to +inspect weights and measures and enforce the new law against +hiring another to fight one's quarrel. Trespass included forcible +offenses of breaking of a fence enclosing private property, +assault and battery, false imprisonment, and taking away goods +and chattels. + +Private suits for murder or personal injury were falling into +disuse and being replaced by the action of trespass. + +Pardons may be given only for slaying another in one's own +defense or by misfortune [accident], and not for slaying by +lying in wait, assault, or malice aforethought. + +Justices of Assize, sheriffs, and Justices of the Peace and +mayors shall have power to inquire of all vagabonds and compel +them to find surety of their good bearing or be imprisoned. + +Treason was tried in Parliament, by bill of "attainder". It was +often used for political purposes. Most attaints were reversed +as a term of peace made between factions. + +A reversioner shall be received in court to defend his right when +a tenant for a term of life, tenant in dower, or by the Law of +England, or in Tail after Possibility of Issue extinct are sued +in court for the land, so as to prevent collusion by the +demandants. + +A person in debt may not avoid his creditors by giving his +tenements or chattels to his friends in collusion to have the +profits at their will. + +Where there was a garnishment given touching a plea of land, a +writ of deceit is also maintainable. + +Actions of debt will be heard only in the county where the +contract was made. The action of debt includes enforcement of +contracts executed or under seal, e.g. rent due on a lease, hire +of an archer, contract of sale or repair of an item. Thus there +is a growing connection between the actions of debt and +contract. + +Executors have an action for trespass to their testators' goods +and chattels in like manner as did the testator when alive. + +If a man dies intestate, his goods shall be administered by his +next and most lawful friends appointed. Such administrators +shall have the same powers and duties as executors and be +accountable as are executors to the ecclesiastical court. + +Children born to English parents in parts beyond the sea may +inherit from their ancestors in the same manner as those born in +the nation. + +A person grieved by a false oath in a town court proceeding may +appeal to the King's Bench or Common Pleas, regardless of any +town franchise. + +The Court of the King's Bench worked independently of the King. +It became confined to the established common law. The King +proclaimed that petitions for remedies that the common law +didn't cover be addressed to the Chancellor, who was not bound +by established law, but could do equity. With the backing of the +council, he made decisions implementing the policy of the Statute +of Laborers. Most of these concerned occupational competency, +for instance negligent activity of carriers, builders, +shepherds, doctors, clothworkers, smiths, innkeepers, and +jailers. For instance, the common law action of detinue could +force return of cloth bailed for fulling or sheep bailed for +pasturing, but could not address damages due to faulty work. The +Chancellor addressed issues of loss of wool, dead lambs, and +damaged sheep, as well as dead sheep. He imposed a legal duty on +innkeepers to prevent injury or damage to a patron or his goods +from third parties. A dog bite or other damage by a dog known by +its owner to be vicious was made a more serious offense than +general damage by any dog. A person starting a fire was given a +duty to prevent the fire from damaging property of others. These +new forms of action came to be known as assumpsit, which +provided damages for breach of an oral agreement and a written +agreement without a seal, or trespass on the case, which did not +require the element of force of the trespass offense. + +Decisions of the common law courts are appealable to Parliament, +which can change the common law by statute. + +No attorney may practice law and also be a justice of assize. + +Champerty [an outsider supporting or maintaining litigation in +which there is an agreement for him to share in the award] is +forbidden because court officials have maintained and defended +a party which has resulted in another party being cheated out of +his land. + +Whereas it is contained in the Magna Carta that none shall be +imprisoned nor put out of his freehold, nor of his franchises +nor free custom, unless it be by the law of the land; it is +established that from henceforth none shall be taken by petition +or suggestion made to the King unless by indictment of good and +lawful people of the same neighborhood where such deeds be done, +in due manner, or by process made by writ original at the common +law; nor that none be out of his franchise, nor of his +freeholds, unless he be duly brought into answer and forejudges +of the same by the course of law. (forerunner of indictment grand +juries and trial juries for criminal cases) + +There were so many cases that were similar to, but not in +technical conformity with, the requirements of the common law +for a remedy by the reign of Edward III, that litigants were +flowing into the Chancery, which had the power to give swift and +equitable relief. + +The King will fine instead of seize the land of his tenants who +sell or alienate their land, such fine to be determined by the +Chancellor by due process. + +The King's coroner and a murderer who had taken sanctuary in a +church often agreed to the penalty of confession and perpetual +banishment from the nation as follows: "Memorandum that on July +6, [1347], Henry de Roseye abjured the realm of England before +John Bernard, the King's coroner, at the church of Tendale in +the County of Kent in form following: 'Hear this, O lord the +coroner, that I, Henry de Roseye, have stolen an ox and a cow of +the widow of John Welsshe of Retherfeld; and I have stolen +eighteen beasts from divers men in the said county. And I +acknowledge that I have feloniously killed Roger le Swan in the +town of Strete in the hundred of Strete in the rape of Lewes and +that I am a felon of the lord King of England. And because I +have committed many ill deeds and thefts in his land, I abjure +the land of the Lord Edward King of England, and [I +acknowledge] that I ought to hasten to the port of Hastings, +which thou hast given me, and that I ought not to depart from +the way, and if I do so I am willing to be taken as a thief and +felon of the lord King, and that at Hastings I will diligently +seek passage, and that I will not wait there save for the flood +and one ebb if I can have passage; and if I cannot have passage +within that period, I will go up to the knees into the sea every +day, endeavoring to cross; and unless I can do so within forty +days, I will return at once to the church, as a thief and a +felon of the lord King, so help me God." + +Property damage by a tenant of a London building was assessed in +a 1374 case: "John Parker, butcher, was summoned to answer +Clement Spray in a plea of trespass, wherein the latter +complained that the said John, who had hired a tavern at the +corner of St. Martin-le-Grand from him for fifteen months, had +committed waste and damage therein, although by the custom of the +city no tenant for a term of years was entitled to destroy any +portion of the buildings or fixtures let to him. He alleged that +the defendant had taken down the doorpost of the tavern and also +of the shop, the boarded door of a partition of the tavern, a +seat in the tavern, a plastered partition wall, the stone +flooring in the chamber, the hearth of the kitchen, and the +mantelpiece above it, a partition in the kitchen, two doors and +other partitions, of a total value of 21s. four pounds, 1s. +8d., and to his damage, 400s. 20 pounds. The defendant denied +the trespass and put himself on the country. Afterwards a jury +... found the defendant guilty of the aforesaid trespass to the +plaintiff's damage, 40d. Judgment was given for that amount and +a fine of 1s. to the King, which the defendant paid immediately +in court." + +The innkeeper's duty to safeguard the person and property of his +lodgers was applied in this case: + +"John Trentedeus of Southwark was summoned to answer William +Latymer touching a plea why, whereas according to the law and +custom of the realm of England, innkeepers who keep a common inn +are bound to keep safely by day and by night without reduction +or loss men who are passing through the parts where such inns +are and lodging their goods within those inns, so that, by +default of the innkeepers or their servants, no damage should in +any way happen to such their guests ... + +On Monday after the Feast of the Purification of the Virgin Mary +in the fourth year of the now King by default of the said John, +certain malefactors took and carried away two small portable +chests with 533s. and also with charters and writings, to wit +two writings obligatory, in the one of which is contained that a +certain Robert Bour is bound to the said William in 2,000s. and +in the other that a certain John Pusele is bound to the same +William in 800s. 40 pounds ... and with other muniments +[writings defending claims or rights] of the same William, to +wit his return of all the writs of the lord King for the counties +of Somerset and Dorset, whereof the same William was then +sheriff, for the morrow of the Purification of the Blessed Mary +the Virgin in the year aforesaid, as well before the same lord +the King in his Chancery and in his Bench as before the justices +of the King's Common Bench and his barons of his Exchequer, +returnable at Westminster on the said morrow, and likewise the +rolls of the court of Cranestock for all the courts held there +from the first year of the reign of the said lord the King until +the said Monday, contained in the same chests being lodged +within the inn of the same John at Southwark + +And the said John ... says that on the said Monday about the +second hour after noon the said William entered his inn to be +lodged there, and at once when he entered, the same John +assigned to the said William a certain chamber being in that +inn, fitting for his rank, with a door and a lock affixed to the +same door with sufficient nails, so that he should lie there and +put and keep his things there, and delivered to the said William +the key to the door of the said chamber, which chamber the said +William accepted... + +William says that ... when the said John had delivered to him the +said chamber and key as above, the same William, being occupied +about divers businesses to be done in the city of London, went +out from the said inn into the city to expedite the said +businesses and handed over the key of the door to a certain +servant of the said William to take care of in meantime, +ordering the servant to remain in the inn meanwhile and to take +care of his horses there; and afterwards, when night was +falling, the same William being in the city and the key still in +the keeping of the said servant, the wife of the said John +called unto her into her hall the said servant who had the key, +giving him food and drink with a merry countenance and asking +him divers questions and occupying him thus for a long time, +until the staple of the lock of the door aforesaid was thrust on +one side out of its right place and the door of the chamber was +thereby opened and his goods, being in the inn of the said John, +were taken and carried off by the said malefactors ... The said +John says ...[that his wife did not call the servant into the +hall, but that] when the said servant came into the said hall and +asked his wife for bread and ale and other necessaries to be +brought to the said chamber of his master, his wife immediately +and without delay delivered to the same servant the things for +which he asked ... protesting that no goods of the same William +in the said inn were carried away by the said John his servant or +any strange malefactors other than the persons of the household +of the said William." + +On the Coram Rege Roll of 1395 is a case on the issue of whether +a court-crier can be seized by officers of a staple: + +"Edmund Hikelyng, 'criour', sues William Baddele and wife Maud, +John Olney, and William Knyghtbrugge for assault and +imprisonment at Westminster, attacking him with a stick and +imprisoning him for one hour on Wednesday before St. Martin, 19 +Richard II. + +Baddele says Mark Faire of Winchester was prosecuting a bill of +debt for 18s. against Edmund and John More before William +Brampton, mayor of the staple of Westminster, and Thomas Alby +and William Askham, constables of the said staple, and on that +day the Mayor and the constables issued a writ of capias against +Edmund and John to answer Mark and be before the Mayor and the +constables at the next court. This writ was delivered to Baddele +as sergeant of the staple, and by virtue of it he took and +imprisoned Edmund in the staple. Maud and the others say they +aided Baddele by virtue of the said writ. + +Edmund does not acknowledge Baddele to be sergeant of the staple +or Mark a merchant of the staple or that he was taken in the +staple. He is minister of the King's Court of his Bench and is +crier under Thomas Thorne, the chief crier, his master. Every +servant of the court is under special protection while doing his +duty or on his way to do it. On the day in question, he was at +Westminster carrying his master's staff of office before Hugh +Huls, one of the King's justices, and William took him in the +presence of the said justice and imprisoned him. + +The case is adjourned for consideration from Hilary to Easter." + + + + + +Chapter 10 + +The Times: 1399-1485 + +This period, which begins with the reign of the usurper King, +Henry IV, is dominated by war: the last half of the 100 year war +with France, which, with the help of Joan of Arc, took all +English land on the continent except the port of Calais, and the +War of the Roses in England. The barons and earls returned from +France with their private fighting units. Nobles employed men who +had returned from fighting to use their fighting skill in local +defense. All the great houses kept bands of armed retainers. +These retainers were given land or pay or both as well as +liveries [uniforms or badges] bearing the family crest. They came +to fight for the cause of one of the two royal family lines +competing for the throne. In the system of "livery and +maintenance", if the retainer was harassed by the law or by +enemies, the lord gave him protection [maintenance]. + +In both wars, the musket was used as well as the long-bow. Cannon +were used to besiege castles and destroy their walls, so many +castles were allowed to deteriorate. The existence of cannon +also limited the usefulness of town walls for defense. + +Barons and earls settled their disputes in the field rather than +in the royal courts. And men relied increasingly on the +protection of the great men of their neighborhood and less on +the King's courts for the safety of their lives and land. Local +men involved in court functions usually owed allegiance to a lord +which compromised the exercise of justice. Men serving in an +assize often lied to please their lord instead of telling the +truth. Lords maintained, supported, or promoted litigation with +money or aid supplied to one party to the detriment of justice. +It was not unusual for lords to attend court with a great force +of retainers behind them. Royal justices were flouted or bribed. +The King's writ was denied or perverted. For 6-8s., a lord could +have the King instruct his sheriff to impanel a jury which would +find in his favor. A statute against riots, forcible entries, +and, excepting the King, magnates' liveries of uniform, food, +and badges to their retainers, except in war outside the nation, +was passed, but was difficult to enforce because the offenders +were lords, who dominated the Parliament and the council. + +Since the power of the throne changed from one faction to +another, many bills of attainder caused lords to lose their +lands to the King. Fighting between lords and gangs of ruffians +holding the roads, breaking into and seizing manor houses, and +openly committing murders continued. The roads were not safe. +People turned to mysticism to escape from the everyday violent +world. They had no religious enthusiasm, but believed in magic +and sorcery. + +With men so often gone to fight, their wives managed the +household alone. The typical wife had maidens of equal class to +whom she taught household management, spinning, weaving, carding +wool with iron wool-combs, heckling flax, embroidery, and making +garments. There were foot-treadles for spinning wheels. She +taught the children. Each day she scheduled the activities of +the household including music, conversation, dancing, chess, +reading, playing ball, and gathering flowers. She organized +picnics, rode horseback and went hunting, hawking to get birds, +and rabbit-ferreting. She was nurse to all around her. If her +husband died, she usually continued in this role because most +men named their wives as executors of their wills with full +power to act as she thought best. + +For ladies, close-fitting jackets came to be worn over +close-fitting long gowns with low, square-cut necklines and +flowing sleeves, under which was worn a girdle. All her hair was +confined by a hair net. Headdresses were very elaborate and +heavy, trailing streamers of linen. Some were in the shape of +hearts, butterflies, crescents, double horns, or long cones. Men +also were wearing hats rather than hoods. They wore huge hats of +velvet, fur, or leather. Their hair was cut into a cap-like +shape on their heads, and later was shoulder-length. They wore +doublets with thick padding over the shoulders or short tunics +over the trucks of their bodies and tightened at the waist to +emphasize the shoulders. Their collars were high. Their sleeves +were long concoctions of velvet, damask, and satin, sometimes +worn wrapped around their arms in layers. Their legs were +covered with hose, often in different colors. Shoes were pointed +with upward pikes at the toes. At another time, shoes were broad +with blunt toes. Both men and women wore much jewelry and +ornamentation. + +Cooking and the serving of meals was also elaborate. There were +many courses of a variety of meats, fish, stews, and soups, with +a variety of spices. The standard number of meals was three: +breakfast, dinner, and supper. The diet of an ordinary family +such as that of a small shopholder or yeoman farmer included +beef, mutton, pork, a variety of fish, both fresh and salted, +venison, nuts, peas, oatmeal, honey, grapes, apples, pears, and +fresh vegetables. Cattle and sheep were driven from Wales to +English markets. This droving lasted for five centuries. + +Many types of people besides the nobility and knights now had +property and thus were considered gentry: female lines of the +nobility, merchants and their sons, lawyers, auditors, squires, +and peasant-yeomen. The burgess grew rich as the knight dropped +lower. The great merchants lived in mansions which could occupy +whole blocks. Typically, there would be an oak-paneled great +hall, with adjoining kitchen, pantry, and buttery on one end and +a great parlor to receive guests, bedrooms, wardrobes, servants' +rooms, and a chapel on the other end or on a second floor. The +beds were surrounded by heavy draperies to keep out cold drafts. +Master and servants ceased to eat together in the same hall. In +towns these mansions were entered through a gate through a row +of shops on the street. A lesser dwelling would have these rooms +on three floors over a shop on the first floor. An average +Londoner would have a shop, a storeroom, a hall, a kitchen, and +a buttery on the first floor, and three bedrooms on the second +floor. Artisans and shopkeepers of more modest means lived in +rows of dwellings, each with a shop and small storage room on +the first floor, and a combination parlor-bedroom on the second +floor. The humblest residents crowded their shop and family into +one 6 by 10 foot room for rent of a few shillings a year. All +except the last would also have a small garden. The best gardens +had a fruit tree, herbs, flowers, a well, and a privy. There +were common and public privies for those without their own. +Kitchen slops and casual refuse continued to be thrown into the +street. Floors of stone or planks were strewn with rushes. There +was some tile flooring. Most dwellings had glass windows. Candles +were used for lighting at night. Torches and oil-burning +lanterns were portable lights. Furnishings were still sparse. +Men sat on benches or joint stools and women sat on cushions on +the floor. Hall and parlor had a table and benches and perhaps +one chair. Bedrooms had a curtained bed and a chest. On the +feather bed were pillows, blankets, and sheets. Better homes had +wall hanging and cupboards displaying plate. Laundresses washed +clothes in the streams, rivers, and public conduits. Country +peasants still lived in wood, straw, and mud huts with earth +floors and a smoky hearth in the center or a kitchen area under +the eaves of the hut. + +In 1442, bricks began to be manufactured in the nation and so +there was more use of bricks in buildings. Chimneys were +introduced into manor houses where stone had been too expensive. +This was necessary if a second floor was added, so the smoke +would not damage the floor above it and would eventually go out +of the house. + +Nobles and their retinue moved from manor to manor, as they had +for centuries, to keep watch upon their lands and to consume the +produce thereof; it was easier to bring the household to the +estate than to transport the yield of the estate to the +household. Also, at regular intervals sewage had to be removed +from the cellar pits. + +Jousting tournaments were held for entertainment purposes only +and were followed by banquets of several courses of food served +on dishes of gold, silver, pewter, or wood on a linen cloth +covering the table. Hands were washed before and after the meal. +People washed their faces every morning after getting up. Teeth +were cleaned with powders. Fragrant leaves were chewed for bad +breath. Garlic was used for indigestion and other ailments. Feet +were rubbed with salt and vinegar to remove calluses. Good +manners included not slumping against a post, fidgeting, +sticking one's finger into one's nose, putting one's hands into +one's hose to scratch the privy parts, spitting over the table +or too far, licking one's plate, picking one's teeth, breathing +stinking breath into the face of the lord, blowing on one's +food, stuffing masses of bread into one's mouth, scratching +one's head, loosening one's girdle to belch, and probing one's +teeth with a knife. + +Fishing and hunting were reserved for the nobility rather than +just the King. + +As many lords became less wealthy because of the cost of war, +some peasants, villein and free, became prosperous, especially +those who also worked at a craft, e.g. butchers, bakers, smiths, +shoemakers, tailors, carpenters, and clothworkers. + +An agricultural slump caused poorer soils to fall back into +waste. The better soils were leased by peasants, who, with their +families, were in a better position to farm it than a great +lord, who found it hard to hire laborers at a reasonable cost. +Further, peasants' sheep, hens, pigs, ducks, goats, cattle, +bees, and crop made them almost self-sufficient in foodstuffs. +They lived in a huddle of cottages, pastured their animals on +common land, and used common meadows for hay-making. They +subsisted mainly on boiled bacon, an occasional chicken, worts +and beans grown in the cottage garden, and cereals. They wore +fine wool cloth in all their apparel. Brimless hats were +replacing hoods. They had an abundance of bed coverings in their +houses. And they had more free time. Village entertainment +included traveling jesters, acrobats, musicians, and bear- +baiter. Playing games and gambling were popular pastimes. + +Most villeins were now being called "customary tenants" or +"copy-holders" of land because they held their acres by a copy +of the court-roll of the manor, which listed the number of +teams, the fines, the reliefs, and the services due to the lord +for each landholder. The Chancery court interpreted many of these +documents to include rights of inheritance. The common law courts +followed the lead of the Chancery and held that copyhold land +could be inherited as was land at common law. Evictions by lords +decreased. + +The difference between villein and free man lessened but +landlords usually still had profits of villein bondage, such as +heriot, merchet, and chevage. + +A class of laborers was arising who depended entirely on the +wages of industry for their subsistence. The cloth workers in +rural areas were isolated and weak and often at the mercy of +middle-men for employment and the amount of their wages. + +Rural laborers went to towns to seek employment in the new +industries. They would work at first for any rate. This deepened +the cleavage of the classes in the towns. + +The townspeople did not take part in the fighting of the War of +the Roses. Many boroughs sought and obtained formal +incorporation with perpetual existence, the right to sue and be +sued in their own name. Often, a borough would have its own +resident Justice of the Peace. Each incorporation involved a +review by a Justice of the Peace to make sure the charter of +incorporation rule didn't conflict with the law of the nation. +Henry IV granted the first charter of incorporation. A borough +typically had a mayor accompanied by his personal sword-bearer +and serjeants-at-mace bearing the borough regalia, bailiffs, a +sheriff, and chamberlains or a steward for financial +assistance. At many boroughs, aldermen, assisted by their +constables, kept the peace in their separate wards. There might +be coroners, a recorder, and a town clerk, with a host of lesser +officials including beadles, aletasters, sealers, searchers +[inspectors], weighers and keepers of the market, ferrymen and +porters, clock-keepers and criers, paviors [maintained the +roads], scavengers and other street cleaners, gatekeepers and +watchmen of several ranks and kinds. A wealthy borough would have +a chaplain and two or three minstrels. + +In all towns, the wealthiest and most influential guilds were the +merchant traders of mercers, drapers, grocers, and goldsmiths. +From their ranks came most of the mayors. Next came the +shopholders of skinners, tailors, ironmongers, and corvisors +[shoemakers]. Thirdly came the humbler artisans, the sellers of +victuals, small shopkeepers, apprentices, and journeymen on the +rise. Lastly came unskilled laborers, who lived in crowded +tenements and hired themselves out. The first three groups were +the free men who voted, paid the scot and lot, and belonged to +guilds. + +In the towns, many married women had independent businesses and +wives also played an active part in the businesses of their +husbands. Wives of well-to-do London merchants embroidered, +sewed jewelry onto clothes, and made silk garments. Widows often +continued in their husband's businesses, such as managing a +large import-export trade, tailoring, brewing, and metal shop. +Socially lower women often ran their own breweries, bakeries, +and taverns. It was possible for wives to be free burgesses in +their own right in some towns. + +Some ladies were patrons of writers. Some women were active in +prison reform in matters of reviews to insure that no man was in +jail without due cause, overcharges for bed and board, +brutality, and regulation of prisoners being placed in irons. +Many men and women left money in their wills for food and +clothing for prisoners. + +There was much overlapping in the two forms of association: the +craft guild and the religious fraternity. + +Paved roads in towns were usually gravel and sometimes cobble. +They were frequently muddy because of rain and spillage of water +being carried. Iron-shod wheels and overloaded carts made them +very uneven. London was the first town with paviors. They +repaired and cleaned the streets. Pot-holes were usually just +filled up with wood chips and compacted with hand rams. They were +organized as a city company in 1479. About 1482, towns besides +London began appointing salaried road paviors to repair roads +and collect their expenses from the householders because the +policy of placing the burden on individual householders didn't +work well. London streets were lighted at night by public +lanterns, under the direction of the mayor. There were +fire-engines composed of a circular cistern with a pump and six +feet of inflexible hose on wheels pulled by two men on one end +and pushed by two men on the other end. + +The King granted London all common soils, improvements, wastes, +streets, and ways in London and in the adjacent waters of the +Thames River and all the profits and rents to be derived +therefrom. Later the King granted London the liberty to purchase +lands and tenements worth up to 2,667 s. yearly. Each ward +nominated two men for alderman, the final choice being made by +the mayor and the other aldermen. + +There were many craft guilds. In fact, every trade of twenty men +had its own guild. The guild secured good work for its members +and the members maintained the reputation of the work standards +of the guild. Bad work was punished and night work prohibited as +leading to bad work. The guild exercised moral control over its +members and provided sickness and death benefits for them. +Apprentices were taken in to assure an adequate supply of +competent workers for the future. When these apprentices had +enough training they were made journeymen with a higher rate of +pay. Journeymen traveled to see the work of their craft in other +towns. Those journeymen rising to master had the highest pay +rate. + +But the guilds were being replaced by associations for the +investment of capital. In associations, journeymen were losing +their chance of rising to be a master. Competition among +associations was starting to supplant custom as the mainspring +of trade. + +The Merchant Adventurers was chartered in 1407. A share in the +ownership of one of their vessels was a common form of +investment by prosperous merchants. By 1450, they were dealing +in linen cloths, buckrams [a stiffened, coarse cloth], fustians +[coarse cloth made of cotton threads going in one direction and +linen threads the other], satins, jewels, fine woolen and linen +wares, threads, drugs, wood, oil, wine, salt, copper, and iron. +They began to replace trade by alien traders. (The history of +the "Merchant Adventurers" was associated with the growth of the +mercantile system for more than 300 years. It eventually replaced +the staples system.) + +In London, shopkeepers appealed to passers-by to buy their goods, +sometimes even seizing people by the sleeve. The drapers had +several roomy shops containing shelves piled with cloths of all +colors and grades, tapestries, pillows, and 'bankers and +dorsers' to soften hard wooden benches. A rear storeroom held +more cloth for import or export. Many shops of skinners were on +Fur Row. There were shops of leather-sellers, hosiers, gold and +silver cups, and silks. At the Stocks Market were fishmongers, +butchers, and poulterers. The Fishmongers were incorporated in +1433, the Cordwainers in 1439, and the Pewterers in 1468. London +grocers imported spices, canvas, ropery, drugs, unguents, soap, +confections, garlic, cabbages, onions, apples, oranges, almonds, +figs, dates, raisins, dye- stuffs, woad, madder, scarlet grains, +saffron, iron, and steel. They were retailers as well as +wholesalers and had shops selling honey, licorice, salt, +vinegar, rice, sugar loaves, syrups, spices, garden seeds, dyes, +alum, soap, brimstone, paper, varnish, canvas, rope, musk, +incense, treacle of Genoa, and mercury. The Grocers did some +money-lending, usually at 12% interest. The guilds did not +restrict themselves to dealing in the goods for which they had a +right of inspection, and so many dealt in wine that it was a +medium of exchange. There was no sharp distinction between +retail and wholesale trading. + +Grocers sold herbs for medicinal as well as eating purposes. +Breadcarts sold penny wheat loaves. Foreigners set up stalls on +certain days of the week to sell meat, canvas, linen, cloth, +ironmongery, and lead. There were great houses, churches, +monasteries, inns, guildhalls, warehouses, and the King's Beam +for weighing wool to be exported. The Mercers and Goldsmiths +were in the prosperous part of town. The Goldsmiths' shops sold +gold and silver plate, jewels, rings, water pitchers, drinking +goblets, basins to hold water for the hands, and covered +saltcellars. The grain market was on Cornhill. Halfway up the +street, there was a supply of water which had been brought up in +pipes. On the top was a cage where riotous folk had been +incarcerated by the night watch and the stocks and pillory, +where fraudulent schemers were exposed to ridicule. + +Outside the London city walls were tenements, Smithfield cattle +market, Westminster Hall, green fields of crops, and some marsh +land. + +On the Thames River to London were large ships with cargos; small +boats rowed by tough boatmen offering passage for a penny; small +private barges of great men with carved wood, gay banners, and +oarsmen with velvet gowns; the banks covered with masts and +tackle; the nineteen arch London Bridge supporting a street of +shops and houses and a drawbridge in the middle; quays; +warehouses, and great cranes lifting bales from ship to wharf. +Merchant guilds which imported or exported each had their own +wharves and warehouses. Downstream, pirates hung on gallows at +the low-water mark to remain until three tides had overflowed +their bodies. + +The large scale of London trade promoted the specialization of +the manufacturer versus the merchant versus the shipper. +Merchants had enough wealth to make loans to the government or +for new commercial enterprises. Some London merchants were +knighted by the King. Many bought country estates and turned +themselves into gentry. + +In schools, there was a renaissance of learning from original +sources of knowledge written in Greek and rebirth of the Greek +pursuit of the truth and scientific spirit of inquiry. There was +a striking increase in the number of schools founded by wealthy +merchants or town guilds. Merchants tended to send their sons to +private boarding schools, instead of having them tutored at home +as did the nobility. Well-to-do parents still sent sons to live +in the house of some noble to serve them as pages in return for +being educated with the noble's son by the household priest. +They often wore their master's coat of arms and became their +squires as part of their knightly education. At the universities, +the bachelor's degree came into existence to denote a preliminary +stage in the course of becoming a master. + +The book "Sir Gawain and the Green Knight" was written about an +incident in the court of King Arthur and Queen Guenevere in +which a green knight challenges Arthur's knights to live up to +their reputation for valor and awesome deeds. The knight Gawain +answers the challenge, but is shown that he could be false and +cowardly when death seemed to be imminent. Thereafter, he wears a +green girdle around his waist to remind him not to be proud. + +Other literature read included "London Lickpenny", a satire on +London and its expensive services and products, "Fall of +Princes" by John Lydgate, social history by Thomas Hoccleve, +"The King is Quair"" by King James I of Scotland about how he +fell in love, "The Cuckoo and the Nightengale", and "The Flower +and Leaf" on morality as secular common sense. Chaucer, Cicero, +and Ovid were widely read. Malory's new version of the Arthurian +stories was popular. Margery Kempe wrote the first true +autobiography. She was a woman who had a normal married life +with children, but one day had visions and voices which led her +to leave her husband to take up a life of wandering and praying +in holy possession. The common people developed ballads, e.g. +about their love of the forest, their wish to hunt, and their +hatred of the forest laws. + +About 30% of the people could read English. Books were bought in +London in such quantities by 1403 that the organization of +text-letter writers, book-binders, and book sellers was +sanctioned by ordinance. "Unto the honorable lords, and wise, +the mayor and aldermen of the city of London, pray very humbly +all the good folks, freemen of the said city, of the trades of +writers of text-letter, limners [illuminator of books], and +other folks of London who are wont to bind and to sell books, +that it may please your great sagenesses to grant unto them that +they may elect yearly two reputable men, the one a limner, the +other a text-writer, to be wardens of the said trades, and that +the names of the wardens so elected may be presented each year +before the mayor for the time being, and they be there sworn +well and diligently to oversee that good rule and governance is +had and exercised by all folks of the same trades in all works +unto the said trades pertaining, to the praise and good fame of +the loyal good men of the said trades and to the shame and blame +of the bad and disloyal men of the same. And that the same +wardens may call together all the men of the said trades +honorably and peacefully when need shall be, as well for the +good rule and governance of the said city as of the trades +aforesaid. And that the same wardens, in performing their due +office, may present from time to time all the defaults of the +said bad and disloyal men to the chamberlain at the Guildhall for +the time being, to the end that the same may there, according to +the wise and prudent discretion of the governors of the said +city, be corrected, punished, and duly redressed. And that all +who are rebellious against the said wardens as to the survey and +good rule of the same trades may be punished according to the +general ordinance made as to rebellious persons in trades of the +said city [fines and imprisonment]. And that it may please you +to command that this petition, by your sagenesses granted, may +be entered of record for time to come, for the love of God and +as a work of charity." + +The printing press was brought to London in 1476 by a mercer: +William Caxton. It supplemented the text-writer and monastic +copyist. It was a wood and iron frame with a mounted platform on +which were placed small metal frames into which words with small +letters of lead had been set up. Each line of text had to be +carried from the type case to the press. Beside the press were +pots filled with ink and inking balls. When enough lines of type +to make a page had been assembled on the press, the balls would +be dipped in ink and drawn over the type. Then a sheet of paper +would be placed on the form and a lever pulled to press the paper +against the type. Linen usually replaced the more expensive +parchment for the book pages. + +The printing press made books more accessible to all literate +people. Caxton printed major English texts and some translations +from French and Latin. He commended different books to various +kinds of readers, for instance, for gentlemen who understand +gentleness and science, or for ladies and gentlewomen, or to all +good folk. There were many cook books in use. There were +eyeglasses to correct near-sightedness. + +Old-established London families began to choose the law as a +profession for their sons, in preference to an apprenticeship in +trade. Many borough burgesses in Parliament were lawyers. + +Many carols were sung at the Christian festival of Christmas. +Ballads were sung on many features of social life of this age of +disorder, hatred of sheriffs, but faith in the King. The legend +of Robin Hood was popular. Town miracle plays on leading +incidents of the Bible and morality plays were popular. Vintners +portrayed the miracle of Cana where water was turned into wine +and Goldsmiths ornately dressed the three Kings coming from the +east. Short pantomimes and disguising, forerunners of costume +parties, were good recreation. Games of cards became popular as +soon as cards were introduced. The king, queen, and jack were +dressed in contemporary clothes. Men bowled, kicked footballs, +and played tennis. May Day was celebrated with crowns and +garlands of spring flowers. The village May Day pageant was +often presided over by Robin Hood and Maid Marion. + +The church was engendering more disrespect. Monks and nuns had +long ago resigned spiritual leadership to the friars; now the +friars too lost much of their good fame. The monks got used to +life with many servants such as cooks, butlers, bakers, brewers, +barbers, laundresses, tailors, carpenters, and farm hands. The +austerity of their diet had vanished. The schedule of divine +services was no longer followed by many and the fostering of +learning was abandoned. Into monasteries drifted the lazy and +miserable. Nunneries had become aristocratic boarding houses. +The practice of taking sanctuary was abused; criminals and +debtors sought it and were allowed to overstay the 40-day +restriction and to leave at night to commit robberies. People +turned to the writing of mystics, such as "Scale of Perfection" +and "Cloud of Unknowing", the latter describing how one may +better know God. + +People relied on saint's days as reference points in the year, +because they did not know dates of the year. But townspeople +knew the hour and minute of each day, because mechanical clocks +were in all towns and in the halls of the well- to-do. This +increased the sense of punctuality and higher standards of +efficiency. + +Important news was announced and spread by word of mouth in +market squares and sometimes in churches. As usual, traders +provided one of the best sources of news; they maintained an +informal network of speedy messengers and accurate reports +because political changes so affected their ventures. + +A royal post service was established by relays of mounted +messengers. The first route was between London and the Scottish +border, where there were frequent battles for land between the +Scotch and English. + +The inland roads from town to town were still rough and without +signs. A horseman could make up to 40 miles a day. Common +carriers took passengers and parcels from various towns to +London on scheduled journeys. Now the common yeoman could order +goods from the London market, communicate readily with friends +in London, and receive news of the world frequently. Trade with +London was so great and the common carrier so efficient in +transporting goods that the medieval fair began to decline. +First the Grocers and then the Mercers refused to allow their +members to sell goods at fairs. There was much highway robbery. +Most goods were still transported by boats along the coasts, +with trading at the ports. + +Embroidery was exported. Imported were timber, pitch, tar, potash +[for cloth- dying], furs, silk, satin, gold cloth, damask cloth, +furred gowns, gems, fruit, spices, and sugar. Imports were +restricted by national policy for the purpose of protecting +native industries. + +English single-masted ships began to be replaced by two or three +masted ships with high pointed bows to resist waves and sails +enabling the ship to sail closer to the wind. 200 tuns was the +usual carrying capacity. The increase in trade made piracy, even +by merchants, profitable and frequent until merchant vessels +began sailing in groups for their mutual protection. The +astrolabe was used for navigation by the stars. + +Consuls were appointed to assist English traders abroad. + +Henry IV appointed the first admiral of the entire nation and +resolved to create a national fleet of warships instead of using +merchant ships. In 1417, the war navy had 27 ships. In 1421, +Portsmouth was fortified as a naval base. + +For defense of the nation, especially the safeguard of the seas, +Parliament allotted the King for life, 3s. for every tun of wine +imported and an additional 3s. for every tun of sweet wine +imported. + +The most common ailments were eye problems, aching teeth, +festering ears, joint swelling and sudden paralysis of the +bowels. Epidemics broke out occasionally in the towns in the +summers. Leprosy disappeared. + +Hospitals were supported by a tax of the King levied on nearby +counties. The walls, ditches, gutters, sewers, and bridges on +waterways and the coast were kept in repair by laborers hired by +commissions appointed by the Chancellor. Those who benefited +from these waterways were taxed for the repairs in proportion to +their use thereof. + +Alabaster was sculptured into tombs surmounted with a recumbent +effigy of the deceased, and effigies of mourners on the sides. +Few townsmen choose to face death alone and planned memorial +masses to be sung to lift his soul beyond Purgatory. Chantries +were built by wealthy men for this purpose. + +Gold was minted into coins: noble, half noble, and farthing. + +The commons gained much power in Parliament under Henry IV +because he needed so much taxes that the commons had a hold over +him. Also, as a usurper King, he did not carry the natural +authority of a King. The lords who helped his usurpation felt +they should share the natural power of the kingship. Also, the +commons gained power compared to the nobility because many +nobles had died in war. Shakespeare's histories deal with this +era. The Commons now has a speaker. + +The Commons established an exclusive right to originate all money +grants to the King in 1407. The commons announced its money +grant only on the last day of the parliamentary session, after +the answers to its petitions had been declared. It tied its +grants by rule rather than just practice to certain +appropriations. For instance, tonnage and poundage were +appropriated for naval defenses. Wool customs went to the +maintenance of Calais, a port on the continent, and defense of +the nation. It also put the petitions in statutory form, called +"bills", to be enacted without alteration. It forced the King's +council appointees to be approved by Parliament, and auditors to +be appointed to audit the King's account to ensure past grants +had been spent according to their purpose. + +This was the first encroachment on the King's right to summon, +prorogue, or dismiss a Parliament at his pleasure, determine an +agenda of Parliament, veto or amend its bills, exercise his +discretion as to which lords he summoned to Parliament, and +create new peers by letters patent [official public letters]. + +The King lost Parliamentary power. The magnates asserted that +their attendance at one Parliament established a hereditary +right to attend the others. The consent of the Commons to +legislation became so usual that the judges declared that it was +necessary. In 1426, the retainers of the barons in Parliament +were forbidden to bear arms, so they appeared with clubs on +their shoulders. The clubs were forbidden and they brought in +stones concealed in their clothing. + +The authority of the King's privy seal had become a great office +of state which transmitted the King's wishes to the Chancery and +Exchequer, rather than the King's personal instrument for +sealing documents. Now the King used a signet kept by his +secretary as his personal seal. The position of secretary rose in +power under Edward IV. + +King Edward IV introduced an elaborate spy system, the use of the +rack to torture people to confess, and other interferences with +justice, all of which the Tudors later used. + +King Richard III prohibited the seizure of goods before +conviction of felony. He also liberated the unfree villeins on +royal estates. + +It was declared under Parliamentary authority that there was a +preference for the Crown to pass to a King's eldest son, and to +his male issue after him. Formerly, a man could ascend to the +throne through his female ancestry as well. + + +The Law + +The forcible entry statute is expanded to include peaceful entry +with forcible holding afterwards and to forcible holding with +departure before the justices arrived. Penalties are triple +damages, fine, and ransom to the King. A forceful possession +lasting three years is exempt. + +Women of age fourteen or over shall have livery of their lands +and tenements by inheritance without question or difficulty. + +Purposely cutting out another's tongue or putting out another's +eyes is a felony [penalty of loss of all property]. + +No one may keep swans unless he has lands and tenements of the +estate of freehold to a yearly value of 67s., because swans of +the King, lords, knights, and esquires have been stolen by +yeomen and husbandmen. + +The wage ceiling for servants is: bailiff of agriculture 23s.4d. +per year, and clothing up to 5s., with meat and drink; chief +peasant, a carter, chief shepherd 20s. and clothing up to 4s., +with meat and drink; common servant of agriculture 15s., and +clothing up to 3s.4d.; woman servant 10s., and clothing up to +4s., with meat and drink; infant under fourteen years 6s., and +clothing up to 3s., with meat and drink. Such as deserve less or +where there is a custom of less, that lesser amount shall be +given. + +For laborers at harvest time: mower 4d. with meat and drink or +6d. without; reaper or carter: 3d. with or 5d. without; woman +laborer and other laborers: 2d with and 4d. without. + +The ceiling wage rate for craftsmen per day is: free mason or +master carpenter 4d. with meat & drink or 5d. without; master +tiler or slater, rough mason, and mesne carpenter and other +artificiers in building 3d. with meat and drink or 4d. without; +every other laborer 2d. with meat and drink or 3d. without. In +winter the respective wages were less: mason category: 3d. with +or 4d. without; master tiler category: 2d. with or 4d. without; +others: 1d. with or 3d. without meat and drink. + +Any servant of agriculture who is serving a term with a master +and covenants to serve another man at the end of this term and +that other man shall notify the master by the middle of his term +so he can get a replacement worker. Otherwise, the servant shall +continue to serve the first master. + +No man or woman may put their son or daughter to serve as an +apprentice in a craft within any borough, but may send the child +to school, unless he or she has land or rent to the value of +20s. per year. [because of scarcity of laborers and other +servants of agriculture] + +No laborer may be hired by the week. + +Masons may no longer congregate yearly, because it has led to +violation of the statute of laborers. + +No games may be played by laborers because they lead to murders +and robberies. + +Apparel worn must be appropriate to one's status to preserve the +industry of agriculture. The following list of classes shows the +lowest class, which could wear certain apparel: + +1. Lords - gold cloth, gold corses, sable fur, purple silk + +2. Knights - velvet, branched satin, ermine fur + +3. Esquires and gentlemen with possessions to the value of 800 +s. per year, daughters of a person who has possessions to the +value of 2,000s. a year - damask, silk, kerchiefs up to 5s. in +value. + +4. Esquires and gentlemen with possessions to the yearly value +of 800s. 40 pounds - fur of martron or letuse, gold or silver +girdles, silk corse not made in the nation, kerchief up to 3s.4d +in value + +5. Men with possessions of the yearly value of 40s. excluding +the above three classes - fustian, bustian, scarlet cloth in +grain + +6. Men with possessions under the yearly value of 40s. excluding +the first three classes - black or white lamb fur, stuffing of +wool, cotton, or cadas. + +7. Yeomen - cloth up to the value of 2s., hose up to the value +of 14s., a girdle with silver, kerchief up to 12d. + +8. Servants of agriculture, laborer, servant, country craftsman +- none of the above clothes + +Gowns and jackets must cover the entire trunk of the body, +including the private parts. Shoes may not have pikes over two +inches. + +Every town shall have at its cost a common balance with weights +according to the standard of the Exchequer. All citizens may +weigh goods for free. All cloth to be sold shall be sealed +according to this measure. + +There is a standard bushel of grain throughout the nation. + +There are standard measures for plain tile, roof tile, and gutter +tile throughout the nation. + +No gold or silver may be taken out of the nation. + +The price of silver is fixed at 30s. for a pound, to increase the +value of silver coinage, which has become scarce due to its +higher value when in plate or masse. + +A designee of the King will inspect and seal cloth with lead to +prevent deceit. Cloth may not be tacked together before +inspection. No cloth may be sold until sealed. + +Heads of arrows shall be hardened at the points with steel and +marked with the mark of the arrowsmith who made it, so they are +not faulty. + +Shoemakers and cordwainers may tan their leather, but all leather +must be inspected and marked by a town official before it is +sold. + +Cordwainers shall not tan leather [to prevent deceitful tanning]. +Tanners who make a notorious default in leather which is found +by a cordwainer shall make a forfeiture. + +Defective embroidery for sale shall be forfeited. + +No fishing net may be fastened or tacked to posts, boats, or +anchors, but may be used by hand, so that fish are preserved and +vessels may pass. + +No one may import any articles which could be made in the nation, +including silks, bows, woolen cloths, iron and hardware goods, +harness and saddlery, and excepting printed books. + +The following merchandise shall not be brought into the nation +already wrought: woolen cloth or caps, silk laces, ribbons, +fringes, and embroidery, gold laces, saddles, stirrups, +harnesses, spurs, bridles, gridirons, locks, hammers, fire +tongs, dripping pans, dice, tennis balls, points, purses, gloves, +girdles, harness for girdles of iron steel or of tin, any thing +wrought of any treated leather, towed furs, shoes, galoshes, +corks, knives, daggers, woodknives, thick blunt needles, sheers +for tailors, scissors, razors, sheaths, playing cards, pins, +pattens [wooden shoes on iron supports worn in wet weather], pack +needles, painted ware, forcers, caskets, rings of copper or of +gilt sheet metal, chaffing dishes, hanging candlesticks, +chaffing balls, Mass bells, rings for curtains, ladles, +skimmers, counterfeit felt hat moulds, water pitchers with wide +spouts, hats, brushes, cards for wool, white iron wire, upon +pain of their forfeiture. One half this forfeiture goes to the +King and the other half to the person seizing the wares. + +No sheep may be exported, because being shorn elsewhere would +deprive the King of customs. + +No wheat, rye, or barley may be imported unless the prices are +such that national agriculture is not hurt. + +Clothmakers must pay their laborers, such as carders and +spinsters, in current coin and not in pins and girdles and the +like. + +The term "freemen" in the Magna Carta includes women. + +The election of a knight from a shire to go to Parliament shall +be proclaimed by the sheriff in the full county so all may +attend and none shall be commanded to do something else at that +time. Election results will be sealed and sent to Parliament. + +To be elected to Parliament, a knight must reside in the county +and have free land or tenements to the value of 40s. per year, +because participation in elections of too many people of little +substance or worth had led to homicides, assaults, and feuds. +(These "yeomen" were about one sixth of the population. Most +former voters and every leaseholder and every copyholder were +excluded. The requirement lasted for 400 years.) + +London ordinances forbade placing rubbish or dung in the Thames +River or any town ditch or casting water or anything else out of +a window. The roads were maintained with tolls on carts and +horses bringing victuals or grains into the city and on +merchandise unloaded from ships at the port. No carter shall +drive his cart more quickly when it is unloaded than when it is +loaded. No pie bakers shall sell beef pies as venison pies, or +make any meat pie with entrails. To assist the poor, bread and +ale shall be sold by the farthing. + +Desertion by a soldier is penalized by forfeiture of all land and +property. + +The common law held that a bailee is entitled to possession +against all persons except the owner of the bailed property. + +Former judge Sir Thomas Littleton wrote a legal textbook +describing tenancies in dower; the tenures of socage, knight's +service, serjeanty, and burgage; estates in fee simple, fee +tail, and fee conditional. For instance, "Also, if feoffment be +made upon such condition, that if the feoffor pay to the feofee +at a certain day, etc., 800s. forty pounds of money, that then +the feoffor may re-enter, etc., in this case the feoffee is +called tenant in mortgage, ... and if he doth not pay, then the +land which he puts in pledge upon condition for the payment of +the money is gone from him for ever, and so dead as to the +tenant, etc." + +Joint tenants are distinguished from tenants in common by +Littleton thus: "Joint-tenants are, as if a man be seised of +certain lands or tenements, etc., and thereof enfeoffeth two, or +three, or four, or more, to have and to hold to them (and to +their heirs, or letteth to them) for term of their lives, or for +term of another's life; by force of which feoffment or lease they +are seised, such are joint-tenants. ... And it is to be +understood, that the nature of joint-tenancy is, that he that +surviveth shall have solely the entire tenancy, according to +such estate as he hath, ..." "Tenants in common are they that +have lands or tenements in fee-simple, fee-tail, or for term of +life, etc., the which have such lands and tenements by several +title, and not by joint title, and neither of them knoweth +thereof his severalty, but they ought by the law to occupy such +lands or tenements in common pro indiviso, to take the profits in +common. ...As if a man enfeoff two joint-tenants in fee, and the +one of them alien that which to him belongeth to another in fee, +now the other joint-tenant and the alienee are tenants in +common, because they are in such tenements by several titles, +..." + +Judicial Procedure + +People took grievances outside the confines of the rigid common +law to the Chancellor, who could give equitable remedies under +authority of a statute of 1285 (described in Chapter 8). The +Chancery heard many cases of breach of faith in the "use", a +form of trust in which three parties were involved: the holder +of land, feofees to whom the holder had made it over by +conveyance or "bargain and sale", and the beneficiary or +receiver of the profits of the land, who was often the holder, +his children, relatives, friends, an institution, or a +corporation. This system of using land had been created by the +friars to get around the prohibition against holding property. +Lords and gentry quickly adopted it. The advantages of the use +were that 1) there was no legal restriction to will away the +beneficial interest of the use although the land itself could +not be conveyed by will; 2) it was hard for the King to collect +feudal incidents because the feoffees were often unknown 3) the +original holder was protected from forfeiture of his land in +case of conviction of treason if the Crown went to someone he +had not supported. Chancery gave a remedy for dishonest or +defaulting feofees. + +Chancery also provided the equitable relief of specific +performance in disputes over agreements, for instance, +conveyance of certain land, whereas the common law courts +awarded only monetary damages by the writ of covenant. + +Chancery ordered accounts to be made in matters of foreign trade +because the common law courts were limited to accounts pursuant +to transactions made within the nation. It also involved itself +in the administration of assets and accounting of partners to +each other. + +The Chancellor took jurisdiction of cases of debt, detinue, and +account which had been decided in other courts with oathhelping +by the defendant. He did not trust the reliance on friends of +the defendant swearing that his statement made in his defense +was true. An important evidentiary difference between procedures +of the Chancery and the common law courts was that the Chancellor +could orally question the plaintiff and the defendant under +oath. He also could order persons to appear at his court by +subpoena [under pain of punishment, such as a heavy fine]. + +Whereas the characteristic award of the common law courts was +seisin of land or monetary damages, Chancery often enjoined +certain action. Because malicious suits were a problem, the +Chancery identified such suits and issued injunctions against +taking them to any court. + +The Chancery was given jurisdiction by statute over men of great +power taking by force women who had lands and tenements or goods +and not setting them free unless they bound themselves to pay +great sums to the offenders or to marry them. A statute also +gave Chancery jurisdiction over servants taking their masters' +goods at his death. + +Justices of the Peace, appointed by the Crown, investigated all +riots and arrested rioters, by authority of statute. If they had +departed, the Justices certified the case to the King. The case +was then set for trial first before the King and his council and +then at the King's Bench. If the suspected rioters did not +appear at either trial, they could be convicted for default of +appearance. If a riot was not investigated and the rioters +sought, the Justice of the Peace nearest forfeited 2,000s. +Justices of the peace were not paid and need not have a legal +background. For complex cases and criminal cases with defendants +of high social status, they deferred to the Justices of Assize, +who rode on circuit once or twice a year. + +Manor courts still formally admitted new tenants, registered +titles, sales of land and exchanges of land, and commutation of +services, enrolled leases and rules of succession, settled +boundary disputes, and regulated the village agriculture. + +All attorneys shall be examined by the royal judges for their +learnedness in the law and, at their discretion, those that are +good and virtuous shall be received to make any suit in any +royal court. The attorneys shall be sworn to serve well and +truly in their offices. + +Attorneys may plead on behalf of parties in the hundred courts. + +A qualification for jurors was to have an estate to one's own use +or one of whom other persons have estates of fee simple, fee +tail, freehold in lands and tenements, or freehold, which was at +least 40s. per year in value. In a plea of land worth at least +40s. yearly or a personal plea with relief sought at least +800s., jurors had to have land in the bailiwick to the value of +at least 400s., because perjury was considered less likely in +the more sufficient men. + +Jurors were separated from witnesses. + +Justices of the Peace were to have lands worth 267s. yearly, +because those with less used the office for extortion and lost +the respect and obedience of the people. + +A Sheriff was not to arrest, but to transfer indictments to the +Justices of the Peace of the county. He had to reside in his +bailiwick. The sheriff could be sued for misfeasance such as +bribery in the King's court. + +Court of "Pie Powder" [French pie poudre: dust on the feet] were +established at the great fairs to decide conflicts of commercial +law there. + + + + + +Chapter 11 + +The Times: 1485-1509 + +Henry Tudor and other exiles defeated and killed Richard III on +Bosworth field, which ends the War of the Roses. As King, Henry +VII restored order to the nation. He was readily accepted as +King because he was descended from both royal lines who were +fighting each other and married a woman who also was in the royal +bloodline. Henry was intelligent and sensitive. He weighed +alternatives and possible consequences before taking action. He +was convinced by reason on what plans to make. His primary +strategy was enacting and enforcing statutes to shore up the +undermined legal system, which includes the establishment of a +new court: the Court of the Star Chamber, to obtain punishment +of persons whom juries were afraid to convict. It had no jury. +The Star Chamber was the room in which the King's council had +met since the 1300s. In his reign of 24 years, Henry applied +himself diligently to the details of the work of government to +make it work well. He strengthened the monarchy, shored up the +legal system to work again, and provided a peace in the land in +which can later flourish a renaissance of the arts and sciences, +culture, and the intellectual life. + +The most prevalent problems were: murder, robbery, rape or forced +marriage of wealthy women, counterfeiting of coin, extortion, +misdemeanors by sheriffs and escheators, bribing of sheriffs and +jurors, perjury, livery and maintenance agreements, idleness, +unlawful plays, and riots. Interference with the course of +justice was not committed only by lords on behalf of their +retainers; men of humbler station were equally prone to help +their friends in court or to give assistance in return for +payment. Rural juries were intimidated by the old baronage and +their armed retinues. Juries in municipal courts were subverted +by gangs of townsmen. Justices of the Peace didn't enforce the +laws. The agricultural work of the nation had been adversely +affected. + +Henry made policy with the advice of his council and implemented +it by causing Parliament to enact it into legislation. He +dominated Parliament by having selected most of its members. +Many of his council were sons of burgesses and had been trained +in universities. He chose competent and especially trusted men +for his officers and commanders of castles and garrison. The +fact that only the King had artillery deterred barons from +revolting. Also, the baronial forces were depleted due to war. +If Henry thought a magnate was exercising his territorial power +to the King's detriment, he confronted him with an army and +forced him to bind his whole family in recognizances for large +sums of money to ensure future good conduct. Since the King had +the authority to interpret these pledges, they were a formidable +check on any activity which could be considered to be disloyal. +The earl of Kent, whose debts put him entirely at the King's +mercy, was bound to "be seen daily once in the day within the +King's house". Henry also required recognizances from men of all +classes, including clergy, captains of royal castles, and +receivers of land. The higher nobility now consisted of about +twenty families. The heavy fines by the Star Court put an end to +conspiracies to defraud, champerty [an agreement with a litigant +to pay costs of litigation for a share in the damages awarded], +livery, and maintenance. The ties between the nobility and the +Justices of the Peace had encouraged corruption of justice. So +Henry appointed many of the lesser gentry and attorneys as +Justices of the Peace. Also he appointed a few of his councilors +as non-resident Justices of the Peace. There were a total of +about thirty Justices of the Peace per county. Their +appointments were indefinite and most remained until retirement +or death. Henry had yeomen serve as personal bodyguards night +and day. + +Many bills of attainder caused lords to lose their land to the +King. Most of these lords had been chronic disturbers of the +peace. Henry was also known to exhaust the resources of barons +he suspected of disloyalty by accepting their hospitality for +himself and his household for an extended period of time. + +Henry built up royal funds by using every available procedure of +government to get money, by maximizing income from royal estates +by transferring authority over them from the Exchequer to +knowledgeable receivers, and from forfeitures of land and +property due to attaints of treason. He also personally reviewed +all accounts and initialed every page, making sure that all +payments were made. He made a regular practice of ordering all +men with lands with 800s. 40 pounds per year to receive +knighthoods or pay a high fee. As a result, the Crown became +rich and therefore powerful. + +Queen Elizabeth was a good influence on Henry's character. Her +active beneficence was a counteracting influence to his +avaricious predisposition. When Henry and his Queen traveled +through the nation, they often stopped to talk to the common +people. They sometimes gave away money, such as to a man who had +lost his hand. Henry paid for an intelligent boy he met to go to +school. + +Henry had the first paper mill erected in the nation. He fostered +the reading of books and the study of Roman law, the classics, +and the Bible. He had his own library and gave books to other +libraries. + +The age of entry to university was between 13 and 16. It took +four years' study of grammar, logic, and rhetoric to achieve the +Bachelor of Arts degree and another five before a master could +begin a specialized study of the civil law, canon law, theology, +or medicine. Arabic numbers replaced Roman numerals, making +multiplication and division possible. Humanist studies were +espoused by individual scholars at the three centers of higher +learning: Oxford University, Cambridge University, and the Inns +of Court in London. The Inns of Court attracted the sons of +gentry and merchants pursuing practical and social +accomplishments. The text of 'readings' to members of the inns +survive from this time. In the legalistic climate of these +times, attorneys were prosperous. + +The enclosure of land by hedges for sheep farming continued, +especially by rich merchants who bought country land for this +purpose. Often this was land under the plough. The tenants at +will were thrown off it immediately. That land held by +copyholders of land who had only a life estate, was withheld from +their sons. Only freeholders and copyholders with the custom of +the manor in their favor were secure against eviction. The real +line of distinction between rural people was one of material +means instead of legal status: free or unfree. On one extreme +was the well-to-do yeoman farmer farming his own land. On the +other extreme was the agricultural laborer working for wages. + +Other land put to use for sheep breeding was waste land. There +were three sheep to every person. The nearby woodlands no longer +had wolves or lynx who could kill the sheep. Bears and elk are +also gone. + +There were still deer, wild boar, wildcats and wild cattle in +vast forests for the lords to hunt. Wood was used for houses, +arms, carts, bridges, and ships. + +The villages were still isolated from each other, so that a +visitor from miles away was treated as warily as a foreigner. +Most people lived and died where they had been born. A person's +dialect indicated his place of origin. The largest town, London, +had a population of about 70,000. Other towns had a population +less than 20,000. The population was increasing, but did not +reach the level of the period just before the black death. + +In most large towns, there were groups of tailors and hatmakers, +glovers, and other leatherworkers. Some towns had a +specialization due to their proximity to the sources of raw +materials, such as nails, cutlery, and effigies and altars. +Despite the spread of wool manufacturing to the countryside, +there was a marked increase of industry and prosperity in the +towns. The principal streets of the larger towns were paved with +gravel. Gild halls became important and imposing +architecturally. + +London had some houses of stone and timber and some mansions of +brick and timber clustered around palaces. In these, bedrooms +increased in number, with rich bed hangings, linen sheets, and +bolsters. Bedspreads and nightgowns were introduced. Fireplaces +became usual in all the rooms. Tapestries covered the walls. +Carpets were used in the private rooms. Some of the great halls +had tiled floors. The old trestle tables were replaced by tables +with legs. Benches and stools had backs to lean on. Women and +men wore elaborate headdresses. There are guilds of ironmongers, +salters, and haberdashers [hats and caps]. On the outer periphery +are mud and straw taverns and brothels. + +The Tailors' and Linen Armorers' Guild received a charter in 1503 +from the King as the "Merchant Tailors" to use all wares and +merchandise, especially wool cloth, as well wholesale as retail, +throughout the nation. Some schooling was now being made +compulsory in certain trades; the goldsmiths' company made a rule +that all apprentices had to be able to read and write. + +A yeoman was the second-rank person of some importance, below a +knight, below a gentleman, below a full member of a guild. In +London, it meant the journeyman or second adult in a small +workshop. These yeomen had their own fraternities and were often +on strike. Some yeomen in the large London industries, e.g. +goldsmiths, tailors, clothworkers, who had served an +apprenticeship started their own businesses in London suburbs +outside the jurisdiction of their craft to search them. + +The Merchant Adventurers created a London fellowship confederacy +to make membership of their society and compliance with its +regulations binding on all cloth traders. Membership could be +bought for a large fee or gained by apprenticeship or by being +the son of a member. + +Foreign trade was revived because it was a period of comparative +peace. The nation sought to sell as much as possible to foreign +nations and to buy at little as possible and thereby increase +its wealth in gold and silver, which could be used for currency. + + +Ships weighed 200 tons and had twice the cargo space they had +previously. Their bows were more pointed and their high prows +made them better able to withstand gales. The mariners' compass +with a pivoted needle and compass card was introduced. Ships had +three masts. On the first was a square sail. On the second was a +square sail with a small rectangular sail above it. On the third +was a three cornered lateen sail. These sails make possible the +use of almost any direction of wind to go in the direction +sought. This opened the seas of the world to navigation. +Adventurous seamen went on voyages of discovery, such as John +Cabot to North America in 1497, following Italian Christopher +Columbus' discovery of the new world in 1492. There are more +navy ships, and they have some cannon. + +There were morality plays in which the seven deadly sins: pride, +covetousness, lust, anger, gluttony, envy, and sloth, fought the +seven cardinal virtues: faith, hope, charity, prudence, +temperance, justice, and strength, respectively, for the human +soul. The play "Everyman" demonstrates that every man can get to +heaven only by being virtuous and doing good deeds in his +lifetime. It emphasized that death may come anytime to every +man, when his deeds will be judged as to their goodness or +sinfulness. Card games were introduced. + + +The Law + +Royal proclamations clarifying, refining or amplifying the law +had the force of parliamentary statutes. One of the first things +Henry did as King was make this proclamation against false +rumors in 1486: "Forasmuch as many of the King our sovereign +lord's subjects [have] been disposed daily to hear feigned, +contrived, and forged tidings and tales, and the same tidings +and tales, neither dreading God nor his Highness, utter and tell +again as though they were true, to the great hurt of divers of +his subjects and to his grievous displeasure: Therefore, in +eschewing of such untrue and forged tidings and tales, the King +our said sovereign lord straitly chargeth and commandeth that no +manner person, whatsoever he be, utter nor tell any such +tidings or tales but he bring forth the same person the which was +author and teller of the said tidings or tales, upon pain to be +set on the pillory, there to stand as long as it shall be +thought convenient to the mayor, bailiff, or other official of +any city, borough, or town where it shall happen any such person +to be taken and accused for any such telling or reporting of any +such tidings or tales. Furthermore the same our sovereign lord +straitly chargeth and commandeth that all mayors, bailiffs, and +other officers diligently search and inquire of all such persons +tellers of such tidings and tales not bringing forth the author +of the same, and them set on the pillory as it above said." + +Statutes included: + +Lords holding castles, manors, lands and tenements by knight's +service of the King shall have a writ of right for wardship of +the body as well as of the land of any minor heir of a deceased +person who had the use [beneficial enjoyment] of the land for +himself and his heirs as if the land had been in the possession +of the deceased person. And if such an heir is of age, he shall +pay relief to the lord as if he had inherited possession of the +land. An heir in ward shall have an action of waste against his +lord as if his ancestor had died seised of the land. That is, +lands of "those who use" shall be liable for execution of his +debt and to the chief lord for his relief and heriot, and if he +is a bondsman, they may be seized by the lord. + +Any woman who has an estate in dower, or for a term of life, or +in tail, jointly with her husband, or only to herself, or to her +use, in any manors, lands, tenements, or other hereditaments of +the inheritance or purchase of her husband, or given to the said +husband and wife in tail, or for term of life, by any of the +ancestors of the said husband, or by any other person seised to +the use of the said husband, or of his ancestors, who, by +herself or with any after taken husband; discontinue, alienate, +release, confirm with warranty or, by collusion, allow any +recovery of the same against them or any other seised to their +use, such action shall be void. Then, the person to whom the +interest, title, or inheritance would go after the death of such +woman may enter and possess such premises. This does not affect +the common law that a woman who is single or remarried may give, +sell, or make discontinuance of any lands for the term of her +life only. + +All deeds of gift of goods and chattels made of trust, to the use +of the giver [grantor and beneficiary of trust], to defraud +creditors are void. + +It is a felony to carry off against her will, a woman with lands +and tenements or movable goods, or who is heir-apparent to an +ancestor. This includes taking, procuring, abetting, or +knowingly receiving a woman taken against her will. + +A vagabond, idle, or suspected person shall be put in the stocks +for three days with only bread and water, and then be put out of +the town. If he returns, he shall spend six days in the stocks. +(A few years later this was changed to one and three days, +respectively.) Every beggar who is not able to work, shall +return to the hundred where he last dwelled, is best known, or +was born and stay there. + +No one may take pheasants or partridges by net snares or other +devices from his own warren [breeding ground], upon the freehold +of any other person, or forfeit 200s., one half to the owner of +the land and the other half to the suer. No one may take eggs of +any falcon, hawk, or swan out of their nest, whether it is on +his land or any other man's land, on pain of imprisonment for one +year and fine at the King's will, one half to the King, and the +other half to the holder of the land, or owner of the swan. No +man shall bear any English hawk, but shall have a certificate +for any hawk imported, on pain for forfeiture of such. No one +shall drive falcons or hawks from their customary breeding place +to another place to breed or slay any for hurting him, or pay +200s. after examination by a Justice of the Peace, one half +going to the King and one half to the suer. + +Any person without a forest of his own who has a net device with +which to catch deer shall pay 200s. for each month of +possession. Anyone stalking a deer with beasts anywhere not in +his own forest shall forfeit 200s. Anyone taking any heron by +device other than a hawk or long bow shall forfeit 6s.8d. No one +shall take a young heron from its nest or pay 10s. for each such +heron. Two justices may decide such an issue, and one tenth of +the fine shall go to them. + +No man shall shoot a cross-bow except in defense of his house, +other than a lord or one having 2,667s. of land because their +use had resulted in too many deer being killed. (The long-bow +was not forbidden.) + +No beasts may be slaughtered or cut up by butchers within the +walls of a town, or pay 12d. for every ox and 8d. for every cow +or other beast, so that people will not be annoyed and +distempered by foul air, which may cause them sickness. + +No tanner may be a currier [dressed, dyed, and finished tanned +leather] and no currier may be a tanner. No shoemaker +[cordwainer] may be a currier and no currier may be a shoemaker. +No currier shall curry hides which have not been tanned. No +tanner shall sell other than red leather. No tanner may sell a +hide before it is dried. No tanner may tan sheepskins. + +No long bow shall be sold over the price of 3s.4d. + +Good wood for making bows may be imported without paying customs. + + +No grained cloth of the finest making shall be sold for more than +16s., nor any other colored cloth for more than 11s. per yard, +or forfeit 40s. for every yard so sold. No hat shall be sold for +more than 20d. and no cap shall be sold for more than 2s.8d., or +forfeit 40s. for each so sold. + +Silver may not be sold or used for any use but goldsmithery or +amending of plate to make it good as sterling, so that there +will be enough silver with which to make coinage. + +Each feather bed, bolster, or pillow for sale shall be stuffed +with one type of stuffing, that is, dry pulled feathers or with +clean down alone, and with no sealed feathers nor marsh grass, +nor any other corrupt stuffings. Each quilt, mattress, or +cushion for sale shall be stuffed with one type of stuffing, that +is, clean wool, or clean flocks alone, and with no horsehair, +marsh grass, neatshair, deershair, or goatshair, which is +wrought in lime-fats and gives off an abominable and contagious +odor when heated by a man's body, on pain of forfeiture of such. + + +Salmon shall be sold by standard volume butts and barrels, or +forfeit 6s.8d. Large salmon shall be sold without any small fish +or broken-bellied salmon and the small fish shall be packed by +themselves only, or forfeit 6s.8d. Herring shall be sold at +standard volumes, or forfeit 3s.4d. The herring shall be as good +in the middle and in every part of the package as at the ends of +the package, or forfeit 3s.4d. Eels shall be sold at standard +volumes, and good eels shall not be mixed with lesser quality +eels, or forfeit 10s. The fish shall be packed in the manner +prescribed or forfeit for each vessel 3s.4d. + +Fustians shall always be shorn with the long shear, so that it +can be worn for at least two years. If an iron or anything else +used to dress such injures the cloth so that it wears out after +four months, 20s. shall be forfeited for each default, one half +to the King and the other half to the suer. + +Pewter and brass ware for sale shall be of the quality of that of +London and marked by its maker, on pain of forfeiture of such, +and may be sold only at open fairs and markets or in the +seller's home, or forfeit 200s. If such false ware is sold, its +maker shall forfeit its value, one half to the King and one half +to the searchers. Anyone using false weights of such wares shall +forfeit 20s., one half to the King and one half to the suer, or +if he cannot pay this fine, to be put in the stocks until market +day and then be put in the pillory all the market time. + +No alien nor denizen [foreigner allowed to reside in the nation +with certain rights and privileges] may carry out of the nation +any raw wool or any woolen cloth which has not been barbed, +rowed, and shorn. + +Silk ribbons, laces, and girdles of silk may not be imported, +since they can be made in the nation. + +No one shall import wine into the nation, but on English ships, +or forfeit the wine, one half to the King and one half to the +seizer of the wine. + +No one may take out of the nation any [male] horse or any mare +worth more than 6s.8s. or under the age of three years, upon +pain of forfeiture of such. However, a denizen may take a horse +for his own use and not to sell. This is to stop losing horses +needed for defense of the nation and to stop the price of a +horse from going up. + +Freemen of London may go to fairs and markets with wares to sell, +despite the London ordinance to the contrary. + +Merchants residing in the nation but outside London shall have +free access to foreign markets without exaction taken of more +than 133s. sterling by the confederacy of London merchants, +which have increased their fee so much, 400s., that merchants +not in the confederacy have been driven to sell their goods in +London for less than they would get at a foreign market. Exacting +more is punishable by a fine of 400s. and damages to the grieved +party of ten times the excess amount taken. + +For the privilege of selling merchandise, a duty of scavage shall +be taken of merchant aliens, but not of denizens. Any town +official who allows disturbing of a person trying to sell his +merchandise because he has not paid scavage, shall pay a fine of +400s. + +Coin clipped or diminished shall not be current in payment, but +may be converted at the King's mint into plate or bullion. +Anyone refusing to take coins with only normal wear may be +imprisoned by the mayor, sheriff, bailiff, constable or other +chief officer. New coins, which have a circle or inscription +around the outer edge, will be deemed clipped if this circle or +inscription is interfered with. + +The penalty for usury is placement in the pillory, imprisonment +for half a year, and a fine of 400s. (The penalty was later +changed to one half thereof.) + +Lawbooks in use at the Inns of Court included "The Books of Magna +Carta with diverse Old Statutes", Doctor and Student" by St. +Germain, "Grand Abridgment" by Fitzherbert, and "New Natura +Brevium" by Lombard. + + +Judicial Procedure + +These changes in the judicial process were made by statute: + +The Chancellor, Treasurer, keeper of the King's privy seal, or +two of them, with a bishop selected by them, and a temporal lord +of the King's council selected by them, and the two Chief +Justices of the King's Bench shall constitute the court of the +Star Chamber. It shall have the authority to call before it by +writ or by privy seal anyone accused of "unlawful maintenances, +giving of liveries, signs and tokens, and retainers by +indentures, promises, oaths, writings, or otherwise embraceries +of his subjects" and witnesses, and impose punishment as if +convicted under due process of law. These laws shall now be +enforced: If a town does not punish the murderer of a man +murdered in the town, the town shall be punished. A town shall +hold any man who wounds another in peril of death, until there +is perfect knowledge whether the man hurt should live or die. +Upon viewing a dead body, the coroner should inquire of the +killers, their abettors, and anyone present at the killing and +certify these names. In addition, the murderer and accessories +indicted shall be tried at the King's suit within a year of the +murder, which trial will not be delayed until a private suit is +taken. If acquitted at the King's suit, he shall go back to +prison or let out with bail for the remainder of the year, in +which time the slain man's wife or next of kin may sue. For +every inquiry made upon viewing a slain body coroners shall be +paid 13s.4d. out of the goods of the slayer or from a town not +taking a murderer, but letting him escape. If the coroner does +not make inquiry upon viewing a dead body, he shall be fined +100s. to the King. If a party fails to appear for trial after a +justice has taken bail from him, a record of such shall be sent +to the King. + +If a Justice of the Peace does not act on any person's complaint, +that person may take that complaint to another Justice of the +Peace, and if there is no remedy then, he may take his +complaint to a Justice of Assize, and if there is not remedy +then, he may take his complaint to the King or the Chancellor. +There shall then be inquiry into why the other justices did not +remedy the situation. If it is found that they were in default +in executing the laws, they shall forfeit their commissions and +be punished according to their demerits. + +Justices of the Peace shall make inquiry of all offenses in +unlawful retaining, examine all suspects, and certify them to +the King's Bench for trial there or in the King's council, and +the latter might also proceed against suspects on its own +initiative on information given. + +Perjury committed by unlawful maintenance, embracing, or +corruption of officers, or in the Chancery, or before the King's +council, shall be punished in the discretion of the Chancellor, +Treasurer, both the Chief Justices, and the clerk of the rolls. + +The Star Chamber, Chancellor, King's Bench and King and council +have the power to examine all defendants, by oath or otherwise, +to adjudge them convicted or attainted. They can also be found +guilty by confession, examination, or otherwise. If a defendant +has denied doing the acts of which he is convicted, he is +subject to an additional fine to the King and imprisonment. + +Violations of statutes may be heard by the Justices of Assize or +the Justices of the Peace, except treason, murder, and felony. + +Actions on the case shall be treated as expeditiously in the +courts of the King's Bench and his common bench as actions of +trespass or debt. + +Proclamation at four court terms of a levy of a fine shall be a +final end to an issue of land, tenements, or other hereditaments +and the decision shall bind persons and their heirs, whether +they have knowledge or not of the decision, except for women in +covert [under the protection of a husband] who were not parties, +persons under the age of twenty-one, in prison, out of the +nation, or not of whole mind, who are not parties. These may sue +within five years of losing such condition. Also, anyone not a +party may claim a right, title, claim, or interest in the said +lands, tenements, or other hereditaments at the time of such +fine recorded, within five years after proclamations of the fine. + + +A defendant who appeals a decision for the purpose of delaying +execution of such shall pay costs and damages to the plaintiff +for the delay. + +No sheriff, undersheriff, or shire clerk shall enter any +complaints in their books unless the complaining party is +present. And no more complaints than the complaining party knows +about shall be entered. The penalty is 40s. for each such false +complaint, one half to the King and the other half to the suer +after examination by a Justice of the Peace. This is to prevent +extortion of defendants by false complaints. The justice shall +certify this examination to the King, on pain of a fine of 40s. +A bailiff of a hundred who does not do his duty to summon +defendants shall pay a fine of 40s. for each such default, after +examination by a Justice of the Peace. Sheriffs' records of fines +imposed and bailiffs' records of fines collected may be reviewed +by a Justice of the Peace to examine for deceit. + +Any sheriff allowing a prisoner to escape, whether from +negligence or for a bribe, shall be fined, if the prisoner was +indicted of high treason, at least 1,333s. for each escape. +However, if the prisoner was in their keeping because of a +suspicion of high treason, the fine shall be at least 800s.; and +if indicted of murder or petite treason, at least 400s.; and if +suspected of murder or petite treason, 200s.; and if suspected +of other felonies, 100s. + +Any person not responding to a summons for jury service shall be +fined 12d. for the first default, and 2s. for the second, and +double for each subsequent default. + +A pauper may sue in any court and be assigned an attorney at no +cost to him. + +A Justice of the Peace to whom has been reported hunting by +persons disguised with painted faces or visors or otherwise, may +make a warrant for the sheriff or other county officer to arrest +such persons and bring them before the justice. Such hunting in +disguise or hunting at night or disobeying such warrant is a +felony. This is to stop large mobs of disguised people from +hunting together and then causing riots, robberies, and murders. + + +Benefit of clergy may be used only once, since this privilege has +made clerics more bold in committing murder, rape, robbery, and +theft. However, there will be no benefit of clergy in the case +of murder of one's immediate lord, master, or sovereign. (This +begins the gradual restriction of benefit of clergy until it +disappears.) + +For an issue of riot or unlawful assembly, the sheriff shall call +24 jurors, each of lands and tenements at least 20s. of charter +land or freehold or 26s.8d. of copyhold or of both. For each +default of the sheriff, he shall pay 400s. And if the jury +acquits, then the justice, sheriff, and under-sheriff shall +certify the names of any jurors maintained or embraced and their +misdemeanors, or forfeit 400s. Any person proved to be a +maintainer or embracer shall forfeit 400s. to the King and be +committed to ward. + +The principal leaders of any riot or unlawful assembly shall be +imprisoned and fined and be bound to the peace with sureties at +a sum determined by the Justices of the Peace. If the riot is by +forty people or heinous, the Justices of Peace shall certify +such and send the record of conviction to the King. + +The penalty for giving or taking livery is 100s. per month. The +penalty for causing oneself to be retained is 40s. per day. + +The King's steward, Treasurer, and comptroller have authority to +question by twelve discreet persons any servant of the King +about making any confederacies, compassings, conspiracies, or +imaginations with any other person to destroy or murder the King +or one of his council or a lord. Trial shall be by twelve men of +the King's household and punishment as by felony in the common +law. + +When a land holder enfeoffs his land and tenements to people +unknown to the remainderman in tail, so that he does not know +who to sue, he may sue the receiver of the profits of the land +and tenements for a remedy. And the receivers shall have the +same advantages and defenses as the feoffees or as if they were +tenants. And if any deceased person had the use for himself and +his heirs, then any of his heirs shall have the same advantages +and defenses as if his ancestor had died seised of the land and +tenements. And all recoveries shall be good against all +receivers and their heirs, and the feofees and their heirs, and +the co-feoffees of the receivers and their heirs, as though the +receivers were tenants indeed, or feofees to their use, or their +heirs of the freehold of the land and tenements. + +If a person feoffs his land to other persons while retaining the +use thereof for himself, it shall be treated as if he were still +seised of the land. Thus, relief and heriot will still be paid +for land in socage. And debts and executions of judgments may be +had upon the land and tenements. + +The penalty for not paying customs is double the value of the +goods. + +The town of London shall have jurisdiction over flooding and +unlawful fishing nets in that part of the Thames River that +flows next to it. + +The city of London shall have jurisdiction to enforce free +passage of boats on the Severn River in the city, interruption +of which carries a fine of 400s., two-thirds to the King and one +third to the suer. + +Jurors impaneled in London shall be of lands, tenements, or goods +and chattels, to the value of 133s. And if the case concerns +debt or damages at least 133s, the jurors shall have lands, +tenements, goods, or chattels, to the value of 333s. This is to +curtail the perjury that has gone on with jurors of little +substance, discretion, and reputation. + +A party grieved by a false verdict of any court in London may +appeal to the Hustings Court of London, which hears common pleas +before the mayor and aldermen. Each of the twelve alderman shall +pick from his ward four jurors of the substance of at least +2,000s. to be impaneled. If twenty-four of them find that the +jurors of the petty jury has given an untrue verdict, each such +juror shall pay a fine of at least 400s. and imprisonment not +more than six months without release on bail or surety. However, +if it is found that the verdict was true, then the grand jury +may inquire if any juror was bribed. If so, such juror bribed +and the defendant who bribed him shall each pay ten times the +amount of the bribe to the plaintiff and be imprisoned not more +than six months without release on bail or surety. + +The church may punish priests and clerics for any adultery, +fornication, incest, or any other incontinence of the flesh, by +imprisonment. + +Other changes in the judicial process were made by court +decision. For instance, the royal judges decided that only the +King could grant sanctuary for treason and not the church. After +this, the church withdrew the right of sanctuary from second +time offenders. + +The King's council has practically limited itself to cases in +which the state has an interest, especially the maintenance of +public order. Chancery became an independent court rather than +the arm of the King and his council. In Chancery and the King's +Bench, the intellectual revival brought by humanism inspires +novel procedures to be devised to meet current problems in +disputed titles to land, inheritance, debt, breach of contract, +promises to perform acts or services, deceit, nuisance, +defamation, and the sale of goods. + +A new remedy is specific performance, that is, performance of an +act rather than money damages. + +Evidence is now taken from witnesses. + +Various courts had overlapping jurisdiction. For instance, +trespass could be brought in the Court of Common Pleas because +it was a civil action between two private persons. It could also +be brought in the Court of the King's Bench because it broke the +King's peace. It was advantageous for a party to sue for +trespass in the King's court because there a defendant could be +made to pay a fine to the King or imprisoned, or declared outlaw +if he did not appear at court. In a couple of centuries, +trespass on the case will extend all over the previous common +law including assumpsit, ejectment, trover, deceit, libel, +slander, battery, and assault. And the rigid writs with specific +forms of action for common law cases will fall into disuse. + +Parliament's supremacy over all regular courts of law was firmly +established and it was called "the high court of Parliament", +paradoxically, since it came to rarely function as a law court. + +The humanist intellectual revival also caused the church courts +to try to eliminate contradictions with state law, for instance +in debt, restitution, illegitimacy, and the age of legal +majority. + + + + + +Chapter 12 + +The Times: 1509-1547 + +Renaissance humanism came into being in the nation. In this +development, scholars in London, Oxford, and Cambridge +emphasized the value of classical learning, especially Platonism +and the study of Greek literature as the means of better +understanding and writing. They studied the original Greek texts +and became disillusioned with the filtered interpretations of +the church, for example of the Bible and Aristotle. There had +long been displeasure with the priests of the church. They were +supposed to preach four times yearly, visit the sick, say the +daily liturgies, and hear confessions at least yearly. But there +were many lapses. Many were not celibate, and some openly lived +with a woman and had children. Complaints about them included +not residing within their parish community, doing other work +such as raising crops, and taking too much in probate, +mortuary, and marriage fees. Probate fees had risen from at most +5s. to 60s. in the last hundred years. Mortuary fees ranged from +1/3 to 1/9 of a deceased person's goods. Sanctuary was abused. +People objected to the right of arrest by ecclesiastical +authorities. + +Also, most parish priests did not have a theology degree or even +a Bachelor's degree, as did many laymen. In fact, many laymen +were better educated than the parish priests. No one other than +a laborer was illiterate in the towns. + +Humanist grammar [secondary] schools were established in London +by merchants and guilds. Classical Latin and Greek were taught +and the literature of the best classical authors was read. +Education was opened up to women. Secondary education teachers +were expected to know Latin and Greek and have studied the +ancient philosophers, history, and geography. The method of +teaching was for the teacher to read text-books to the class +from a prepared curriculum. The students learned how to read and +to write, to develop and amplify a theme by logical analysis, +and to essay on the same subject in the narrative, persuasive, +argumentative, commending, consoling, and inciting styles. They +had horn-books with the alphabet and perhaps a Biblical verse on +them. This was a piece of wood with a paper on it held down by a +sheet of transparent horn. Disobedience incurred flogging by +teacher as well as by parents. Spare the rod and spoil the child +was the philosophy. There were two week vacations at Christmas +and at Easter. + +Oxford University was granted a charter which put the greater +part of the town under control of the Chancellor and scholars. +The mayor of Oxford was required to take an oath at his election +to maintain the privileges and customs of the university. Roman +law Regius professorships were founded by the King at Oxford and +Cambridge. + +The physicians of London were incorporated to oversee and govern +the practice of medicine. A faculty of physicians was +established at Oxford and Cambridge. Only graduates of the new +College of Physicians or of Oxford or Cambridge may practice +medicine or surgery. Food that was digested was thought to turn +into a vapor which passed along the veins and was concreted as +blood, flesh, and fat. + +Geoffrey Chaucer's "Canterbury Tales" was a popular book. Through +Chaucer, London English became a national standard and the +notion of "correct pronunciation" came into being. + +The discoveries and adventures of Amerigo Vespucci, a Portuguese +explorer, were widely read. The North and South American +continents were named for him. + +London merchant guilds started to cease to be trading +organizations and began to be identified mainly with hospitality +and benevolence. Twelve Great Companies dominated city politics: +Mercers, Grocers, Drapers, Fishmongers, Haberdashers, +Ironmongers, Vintners, Goldsmiths, Skinners, Salters, Company of +Merchant Tailors, and the Clothworkers (composed from leading +fullers and shearmen). The leading men of these guilds were +generally aldermen and the guilds acted like municipal +committees of trade and manufactures. Then they acted like a +state department for the superintendence of the trade and +manufactures of London. They were called Livery Companies and +categorized their memberships in three grades: mere membership, +livery membership, and placement on the governing body. Livery +membership was distinguished by having the clothing of the +brotherhood and were usually those who bought membership and +paid higher fees because they were richer. Most of these +companies had almshouses attached to their halls for the +impoverished, disabled, and elderly members and their widows and +children. For instance, many members of the goldsmiths had been +blinded by the fire and smoke of quick silver and some members +had been rendered crazed and infirm by working in that trade. +The pensions of the liverymen were larger than those of mere +members and they generally had a right to a place at those +banquets which are chartered franchises, and they are invited by +the governing body, as a matter of favor, to other +entertainments. The freedom and rights of citizenship of the +city could only be obtained through membership in a livery +company. + +A lesser guild, the Leathersellers, absorbed the Glovers, +Pursers, and Pouchmakers. These craftsmen then became wage +earners of the Leathersellers, but others of these craftsmen +remained independent. Before, the Whittawyers, who treated +horse, deer, and sheep hides with alum and oil, had become +wage-earners for the Skinners. + +There are 26 wards of London as of 1550. This is the number for +the next four centuries. Each has an alderman, a clerk, and a +constable. + +Though there was much agreement on the faults of the church and +the need to reform it, there were many disagreements on what +philosophy of life should take the place of church teachings. +The humanist Thomas More was a university trained intellectual. +His book "Utopia", idealized an imaginary society of pagans +living according to the principles of natural virtue. In it, +everything is owned in common and there is no need for money. +There is agreement that there is a God who created the world and +all good things and who guides men. But otherwise people choose +their religious beliefs and their priests. From this perspective, +the practices of current Christians, scholastic theologicians, +priests and monks, superstition, and ritual look absurd. He +encouraged a religious revival. Aristotle's position that +virtuous men would rule best is successfully debated against +Plato's position that intellectuals and philosophers would be the +ideal rulers. + +More plead for proportion between punishment and crime. He urged +that theft no longer be punished by death because this only +encouraged the thief to murder his victim to eliminate evidence +of the theft. He opined that the purpose of punishment was to +reform offenders. He advocated justice for the poor to the +standard of justice received by the rich. + +Erasmus, a former monk, visited the nation for a couple of years +and argued that reason should prevail over religious belief. He +wrote the book "In Praise of Folly", which noted man's elaborate +pains in misdirected efforts to gain the wrong thing. For +instance, it questioned what man would stick his head into the +halter of marriage if he first weighed the inconveniences of that +life? Or what woman would ever embrace her husband if she +foresaw or considered the dangers of childbirth and the drudgery +of motherhood? Childhood and senility are the most pleasant +stages of life because ignorance is bliss. Old age forgetfulness +washes away the cares of the mind. A foolish and doting old man +is freed from the miseries that torment the wise and has the +chief joy of life: garrulousness. The seekers of wisdom are the +farthest from happiness; they forget the human station to which +they were born and use their arts as engines with which to attack +nature. The least unhappy are those who approximate the naiveness +of the beasts and who never attempt what is beyond men. As an +example, is anyone happier than a moron or fool? Their cheerful +confusion of the mind frees the spirit from care and gives it +many-sided delights. Fools are free from the fear of death and +from the pangs of conscience. They are not filled with vain +worries and hopes. They are not troubled by the thousand cares +to which this life is subject. They experience no shame, fear, +ambition, envy, or love. In a world where man are mostly at +odds, all agree in their attitude towards these innocents. They +are sought after and sheltered; everyone permits them to do and +say what they wish with impunity. However, the usual opinion is +that nothing is more lamentable than madness. The Christian +religion has some kinship with folly, while it has none at all +with wisdom. For proof of this, notice that children, old people, +women, and fools take more delight than anyone else in holy and +religious things, led no doubt solely by instinct. Next, notice +that the founders of religion have prized simplicity and have +been the bitterest foes of learning. Finally, no people act more +foolishly than those who have been truly possessed with +Christian piety. They give away whatever is theirs; they overlook +injuries, allow themselves to be cheated, make no distinction +between friends and enemies, shun pleasure, and feast on hunger, +vigils, tears, labors, and scorn. They disdain life, and utterly +prefer death. In short, they have become altogether indifferent +to ordinary interests, as if their souls lived elsewhere and not +in their bodies. What is this, if not to be mad? The life of +Christians is run over with nonsense. They make elaborate +funeral arrangements, with candles, mourners, singers, and +pallbearers. They must think that their sight will be returned to +them after they are dead, or that their corpses will fall ashamed +at not being buried grandly. Christian theologians, in order to +prove a point, will pluck out four or five words from different +places, even falsifying the sense of them if necessary, and +disregard the fact that the context is irrelevant or even +contradicts the point, They do this with such brazen skill that +our lawyers are often jealous of them. + +Lawyer Christopher St. German wrote the legal treatise "Doctor +and Student", in which he deems the law of natural reason to be +supreme and eternal. The law of God and the law of man, as +enunciated by the church and royalty, merely supplement the law +of natural reason and may change from time to time. Examples of +the law of reason are: It is good to be loved. Evil is to be +avoided. Do onto others as you would have them do unto you. Do +nothing against the truth. Live peacefully with others. Justice +is to be done to every man. No one is to wrong another. A +trespasser should be punished. From these is deduced that a man +should love his benefactor. It is lawful to put away force with +force. It is lawful for every man to defend himself and his +goods against an unlawful power. + +Like his father, Henry VIII dominated Parliament. He used this +power to reform the church of England in the 1530's. The +Protestant reformation cause had become identified with his +efforts to have his marriage of eighteen years to the virtuous +Catherine annulled so he could marry a much younger woman: Anne. +His purported reason was to have a son. The end of his six +successive wives was: divorced, beheaded, died; divorced, +beheaded, survived. Henry VIII was egotistical, arrogant, and +self-indulgent. This nature allowed him to declare himself the +head of the church of England instead of the pope. + +Henry used and then discarded officers of state e.g. by executing +them for supposed treason. One such was Thomas Wolsey, the son +of a town butcher, was another supporter of classical learning. +He rose through the church, the gateway to advancement in a +diversity of occupations of clergy such as secretary, librarian, +teacher, lawyer, doctor, author, civil servant, diplomat, and +statesman. He was a court priest when he aligned himself with +Henry, both of whom wanted power and glory and dressed +extravagantly. But he was brilliant and more of a strategist +than Henry. Wolsey was a reformer by name and started a purge of +criminals, vagrants and prostitutes within. London, bringing many +before the council. But most of his reforming plans were not +brought to fruition, but ended after his campaign resulted in +more power for himself. Wolsey rose to be Chancellor to the King +and Archbishop of York. As the representative of the Pope for +England, he exercised almost full papal authority there. But he +controlled the church in England in the King's interest. He was +second only to the King. He also came to control the many courts. +Wolsey centralized the church in England and dissolved the +smaller monasteries, the proceeds of which he used to build +colleges at Oxford and his home town. He was an impartial and +respected judge. + +When Wolsey was not able to convince the pope to give Henry a +divorce, Henry dismissed him and took his property, shortly +after which Wolsey died. + +The King replaced Wolsey as Chancellor with Thomas More, after +whom he made Thomas Cromwell Chancellor. Cromwell was the son of +a clothworker and a self- taught lawyer, arbitrator, merchant, +and accountant. Like Wolsey, he was a natural orator. He drafted +and had passed legislation that created a new church of England. +He had all men swear an oath to the terms of the succession act. +Thomas More was known for his honesty and was a highly respected +man. More did not yield to Henry's bullying for support for his +statute declaring the succession to be vested in the children of +his second marriage, and his statute declaring himself the +supreme head of the church of England, instead of the pope. He +did not expressly deny the supremacy act, so was not guilty of +treason under its terms. But silence did not save him. He was +attainted for treason on specious grounds and beheaded. He +conviction rested on the testimony of one perjured witness, who +misquoted More as saying that Parliament did not have the power +to require assent to the supremacy act because it was repugnant +to the common law of Christendom. + +Through his host of spies, Cromwell heard what men said to their +closest friends. Words idly spoken were tortured into treason. +Henry had many bills of attainder passed by Parliament. Silence +was a person's only possibility of safety. Fear spread through +the people. + +Cromwell developed a technique for the management of the House of +Commons which lasted for generations. He promulgated books in +defense of royal spiritual authority, which argued that canon +law was not divine but merely human and that clerical authority +had no foundation in the Bible. A reformed English Bible was put +in all parish churches. Reformers were licensed to preach. +Cromwell ordered sermons to be said which proclaimed the +supremacy of the King. He instituted registers to record +baptisms, marriages, and burials in every county, for the +purpose of reducing disputes over descent and inheritance. He +dissolved all the lesser monasteries. + +When Cromwell procured a foreign wife for Henry whom Henry found +unattractive, he was attainted and executed. + +Thomas Cranmer, Archbishop of Canterbury, wrote the first English +Common Book of Prayer. With its use beginning in 1549, Church +services were to be held in English instead of Latin. The mass, +thought to be a miracle performed by priests, was to be replaced +by communion shared by all. The mass, prayers for souls in +purgatory, miracles, the worship of saints, and pilgrimages to +shrines such as that of Thomas Becket, were all to be +discontinued. Imprisonment or exile rather than death was made +the penalty for heresy and blasphemy, and also for adultery. + +After the King dissolved the greater monasteries, he took and +sold their ornaments, silver plate and jewelry, lead from roofs +of their buildings, and finally much of the land itself. Three +monasteries were converted into the first three treating +hospitals in London, one for the diseased, one for the poor, and +one, Bethlehem (or "Bedlam" for short), for the mentally ill. + +Henry used the proceeds from the sale of the monasteries for +building many new palaces and wood ships for his navy. In war, +these navy ships had heavy guns which could sink other ships. In +peace time, these ships were hired out to traders. Large ships +were constructed in docks, made partly by digging and partly by +building walls. + +The former land of the monasteries, about 30% of the country's +land, was sold and resold or leased. Some went to +entrepreneurial cloth manufacturers, who converted the buildings +for the manufacture of cloth. They bought the raw wool and hired +craftsmen for every step of the manufacturing process to be done +in one continuous process. This was faster than buying and +selling the wool material between craftsmen who lived in +different areas. Also, it was more efficient because the amount +of raw wool bought could be adjusted to the demand for cloth. + +Many landowners now could live in towns exclusively off the rents +of their rural land. Rents were increased so much that tenants +could not pay and were evicted. They usually became beggars or +thieves. Much of their former land was converted from crop +raising to pasture for large herds of sheep. Arable farming +required many workers, whereas sheep farming required only one +shepherd and herdsman. There were exceptional profits made from +the export of wool cloth. But much raw wool was still exported. +It's price went up from 6s.8d. per tod in 1840 to 20s.8d. in +1546. + +Villeinage was now virtually extinct. A lord could usually claim +a small money- rent from the freeholder, sometimes a relief when +his land was sold or passed at death, and occasionally a heriot +from his heir. + +There was steady inflation. Landlords made their leases short +term so that they could raise rents as prices rose. + +At least 85% of the population still lived in the country. Rich +traders built town or country houses in which the emphasis was +on comfort and privacy. There was more furniture, bigger windows +filled with glass, wallpaper, and formal gardens. Some floors +were tiled instead of stone or wood. They were still strewn with +straw. The owners ate in a private dining room and slept in their +own rooms with down quilts. Their soap was white. They had +clothing of white linen and white wool, leather slippers, and +felt hats. Men wore long tunics open at the neck and filled in +with pleated linen and enormous puffed sleeves. + +Most people dressed according to the apparel laws, which were +updated from time to time. The used tin or pewter dishes, +platters, goblets, saucers, spoons, saltcellars, pots, and +basins. They used soap to wash themselves, their clothes, and +their dishes. They had bedcovers on their beds. Cloth bore the +mark of its weaver and came in many colors. Cloth could be held +together with pins that had a shank with a hook by which they +were closed. People went to barbers to cut their hair and to +extract teeth. They went to people experienced with herbs, +roots, and waters for treatment of skin conditions such as sores, +cuts, burns, swellings, irritated eyes or scaly faces. For more +complicated ailments, they went to physicians, who prescribed +drugs and medicines. They bought drugs and medicines from +apothecaries and pharmacists. They burned wood logs in the +fireplaces in their houses. So much wood was used that young +trees were required by statute to be given enough lateral space +to spread their limbs and were not cut down until mature. + +The King, earls, who ruled counties, and barons, who had land and +a place in the House of Lords, still lived in the most comfort. +The King's house had courtyards, gardens, orchards, wood-yards, +tennis courts, and bowling alleys. + +Lawyers had more work with the new laws passed to replace the +canons of the church. They played an important role in town +government and many became wealthy. They acquired town houses in +addition to their rural estates. + +The walls of the towns were manned by the citizens themselves, +with police and watchmen at their disposal. In inns, travelers +slept ten to a bed and there were many fleas and an occasional +rat or mouse running through the rushes strewn on the floor. The +inn provided a bed and ale, but travelers brought their own food. +Each slept with his purse under his pillow. + +In markets, sellers set up booths for their wares. They sold +grain for making oatmeal or for sowing one's own ground. Wine, +butter, cheese, fish, chicken, and candles could also be bought. +Butchers bought killed sheep, lambs, calves, and pigs to cut up +for selling. Tanned leather was sold to girdle-makers and +shoemakers. Goods bought in markets were presumed not to be +stolen, so that a purchaser could not be dispossessed of goods +bought unless he had knowledge that they were stolen. + +The ruling group of the towns came to be composed mostly of +merchants, manufacturers, lawyers, and physicians. Some +townswomen were independent traders. The governed class +contained small master craftsmen and journeyman artisans, small +traders, and dependent servants. The major streets of London +were paved with stone, with a channel in the middle. More water +conduits from hills, heaths, and springs were built to provide +the citizens of London with more water. + +The idea of competition appeared. Each man sought to be richer +than his neighbors. + +The cloth, mining, iron, and woodcraft industries employed +full-time workers on wages. + +Land held in common was partitioned. There were leases of mansion +houses, smaller dwelling houses, houses with a wharf having a +crane, houses with a timber yard, houses with a garden, houses +with a shed, shops, warehouses, cellars, and stables. Land with +a dye-house or a brew-house were devised by will along with +their dying or brewing implements. There were dairies making +butter and cheese. + +The knights had 70% of the land, the nobles 10%, the church 10%, +and the King 5%. + +Citizens paid taxes to the King amounting to one tenth of their +annual income from land or wages. The national government was +much centralized and had full- time workers on wages. A national +commission of sewers continually surveyed walls, ditches, banks, +gutters, sewers, ponds, bridges, rivers, streams, mills, locks, +trenches, fish-breeding ponds, and flood-gates. When low places +were threatened with flooding, it hired laborers, bought timber, +and hired carts with horses or oxen for necessary work. Mayors +of cities repaired water conduits and pipes under the ground in +their cities. + +The organ and harp, precursor to the piano, were played. + +All people generally had enough food because of the +commercialization of agriculture. Also, roads were good enough +for the transport of foodstuffs thereon. Four-wheeled waggons +were in general use as well as two-wheeled carts. They were used +for carrying people as well as goods. Goods were also +transported by the pulling of barges on the rivers from paths +along the river. A plough with wheels was used as well as those +without. + +The matchlock musket came into use, but did not replace the bow +because rainy weather made it unusable. + +Church reforms included abolishing church sanctuaries. Benefit of +clergy was restricted. Archbishops were selected by the King. +Decisions by archbishops in testamentary, matrimonial, and +divorce matters were appealable to the Court of Chancery instead +of to the pope. The clergy's canons were subject to the King's +approval. + + +The Law + +A person having land in socage or fee simple may will and devise +his land by will or testament in writing. + +A person holding land by knight's service may will and devise by +his last will and testament in writing part of his land to his +wife and other parts of his land to his children, as long as 1/3 +of entailed land is left to the King. + +Anyone serving the King in war may alienate his lands for the +performance of his will, and if he dies, his feoffees or +executors shall have the wardship of his heir and land. + +A person who leases land for a term of years, even if by +indenture or without a writing, may have a court remedy as do +tenants of freehold for any expulsion by the lessor which is +contrary to the lease, covenant, or agreement. These termers, +their executors and assigns, shall hold and enjoy their terms +against the lessors, their heirs and assigns. The lessor shall +have a remedy for rents due or waste by a termer after +recovering the land as well as if he had not recovered the land. + + +A lord may distrain land within his fee for rents, customs, or +services due without naming the tenant, because of the existence +of secret feoffments and leases made by their tenants to unknown +persons. + +Anyone seised of land to the use or trust of other persons by +reason of a will or conveyance shall be held to have lawful +seisin and possession of the land, because by common law, land +is not devisable by will or testament, yet land has been so +conveyed, which has deprived married men of their courtesy, women +of their dower, the King of the lands of persons attainted, the +King of a year's profits of the of felons, and lords their +escheats. + +A woman may not have both a jointure and dower of her husband's +land. (Persons had purchased land to hold jointly with their +wives) + +A sale of land must be in writing, sealed, and registered in its +county with the clerk of that county. If the land is worth less +than 40s. per year, the clerk is paid 12d. If the land exceeds +40s. yearly, the clerk is paid 2s.6d. + +An adult may lease his lands or tenements only by a writing under +his seal for a term of years or a term of life, because many +people who had taken leases of lands and tenements for a term of +years or a term of lives had to spend a lot for repair and were +then evicted by heirs of their lessors. + +A husband may not lease out his wife's land. + +No woman covert, child, idiot, or person of insane memory may +devise land by will or testament. + +The land of tenants-in-common may be partitioned by them so that +each holds a certain part. + +No bishop or other official having authority to take probate of +testaments may take a fee for probating a testament where the +goods of the testator are under 100s., except that the scribe +writing the probate of the testament may take 6d., and for the +commission of administration of the goods of any man dying +intestate, being up to 100s, may be charged 6d. Where the goods +are over 100s. but up to 800s. sterling, probate fees may be +3s.6d. at most, whereof the official may take 2s.6d. at most, +with 12d. residue to the scribe for registering the testament. +Where the goods are over 800s. sterling, probate fees may be 5s. +at most, whereof the official may take 2s.6d. at most, with +2s.6d. residue to the scribe, or the scribe may choose to take +1d. per 10 lines of writing of the testament. If the deceased +had willed by his testament any land to be sold, the money +thereof coming nor the profits of the land shall not be counted +as the goods or chattel of the deceased. Where probate fees have +customarily been less, they shall remain the same. The official +shall approve and seal the testament without delay and deliver +it to the executors named in such testaments for the said sum. +If a person dies intestate or executors refuse to prove the +testament, then the official shall grant the administration of +the goods to the widow of the deceased person, or to the next of +kin, or to both, in the discretion of the official, taking +surety of them for the true administration of the goods, +chattels, and debts. Where kin of unequal degree request the +administration, it shall be given to the wife and, at his +discretion, other requestors. The executors or administrators, +along with at least two persons to whom the deceased was +indebted, or to whom legacies were made, or, upon their refusal +or absence, two honest kinsmen, shall make an inventory of the +deceased's goods, chattels, ware, merchandise, as well moveable +as not moveable, and take it upon their oaths to the official. + +No parish priest or other spiritual person shall take a mortuary +or money from a deceased person with moveable goods under the +value of 133s., a deceased woman covert baron, a child, a person +keeping no house, or a traveler. Only one mortuary may be taken +of each deceased and that in the place where he most dwelled and +lived. Where the deceased's moveable goods are to the value of +133s. or more, above his debts paid, and under 600s., a mortuary +up to 3s. 4d. may be taken. Where such goods are 600s. or more +and under 800s., mortuary up to 6s.8d. may be taken. Where such +goods are 800s. or above, mortuary up to 10s. may be taken. But +where mortuaries have customarily been less, they shall remain +the same. + +Executors of a will declaring land to be sold for the payment of +debts, performance of legacies to wife and children, and +charitable deeds for the health of souls, may sell the land +despite the refusal of other executors to agree to such sale. + +A man may not marry his mother, step-mother, sister, niece, aunt, +or daughter. + +Only marriages which have not been consummated may be dissolved +by annulment. + +The entry of an apprentice into a craft shall not cost more than +2s.6d. After his term, his entry shall not be more than 3s.4d. +This replaced the various fees ranging from this to 40s. + +No master of a craft may require his apprentice to make an oath +not to compete with him by setting up a shop after the term of +his apprenticeship. + +No alien may take up a craft or occupation in the nation. + +No brewer of ale or beer to sell shall make wood vessels or +barrels, and coopers shall use only good and seasonable wood to +make barrels and shall put their mark thereon. Every ale or beer +barrel shall contain 32 of the King's standard gallons. The +price of beer barrels sold to ale or beer brewers or others shall +be 9d. + +An ale-brewer may employ in his service one cooper only to bind, +hoop and pin, but not to make, his master's ale vessels. + +No butcher may keep a tanning-house. + +Tanned leather shall be sold only in open fairs and markets and +after it is inspected and sealed. + +Only people living in designated towns may make cloth, to prevent +the ruin of these towns by people taking up both agriculture and +cloth-making outside these towns. + +No one shall shoot in or keep in his house any hand-gun or +cross-bow unless he has 2,000s. yearly. + +No one may hunt or kill rabbits in the snow since their killing +in great numbers by men other than the King and noblemen has +depleted them. + +No one shall take an egg or bird of any falcon or hawk out of its +nest on the King's land. No one may disguise himself with hidden +or painted face to enter a forest or park enclosed with a wall +for keeping deer to steal any deer or rabbit. + +Ducks and geese shall not be taken with any net or device during +the summer, when they haven't enough feathers to fly. But a +freeholder of 40s. yearly may hunt and take such with long bow +and spaniels. + +No one may sell or buy any pheasant except the King's officers +may buy such for the King. + +No butcher may kill any calf born in the spring. + +No grain, beef, mutton, veal, or pork may be sold outside the +nation. + +Every person with 36 acres of agricultural land, shall sow one +quarter acre with flax or hemp-feed. + +All persons shall kill crows on their land to prevent them from +eating so much grain at sowing and ripening time and destroying +hay-stacks and the thatched roofs of houses and barns. They +shall assemble yearly to survey all the land to decide how best +to destroy all the young breed of crows for that year. Every +village and town with at least ten households shall put up and +maintain crow nets for the destruction of crows. + +No land used for crop-raising may be converted to pasture. + +No woods may be converted to agriculture or pasture. + +No one shall cut down or break up dikes holding salt water and +fresh water from flooding houses and pastures. + +No one shall dump tin-mining debris, dung, or rubbish into rivers +flowing into ports or take any wood from the walls of the port, +so that ships may always enter at low tide. + +A person may lay out a new highway on his land where the old one +has been so damaged by waterways that horses with carriages +cannot pass, with the consent of local officials. + +Only poor, aged, and disabled persons may beg. Begging without a +license is punishable by whipping or setting in the stocks 3 +days with only bread and water. + +Alien palm readers shall no longer be allowed into the nation, +because they have been committing felonies and robberies. + +Butchers may not sell beef, pork, mutton, or veal from carcasses +for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound. + +French wines may not sell at retail for more than 8d. per gallon. + + +A barrel maker or cooper may sell a beer barrel for 10d. + +No longer may aliens bring books into the nation to sell because +now there are sufficient printers and book-binders in the +nation. + +No one may buy fresh fish other than sturgeon, porpoise, or seal +from an alien to put to sale in the nation. + +Every person with an enclosed park where there are deer, shall +keep two tall and strong mares in such park and shall not allow +them to be mounted by any short horse, because the breeding of +good, swift, and strong horses has diminished. + +A man may have only as many trotting horses for the saddle as are +appropriate to his degree. + +No one may maintain for a living a house for unlawful games such +as bowling, tennis, dice, or cards. No artificer, craftsman, +husbandman, apprentice, laborer, journeyman, mariner, fisherman +may play these games except at Christmas under his master's +supervision. Noblemen and others with a yearly income of at +least 2,000s. may allow his servants to play these games at his +house. + +Hemp of flax may not be watered in any river or stream where +animals are watered. + +No one shall sell merchandise to another and then buy back the +same merchandise within three months at a lower price. No one +shall sell merchandise to be paid for in a year above the sum of +200s. per 2000s. worth of merchandise. No one shall sell or +mortgage any land upon condition of payment of a sum of money +before a certain date above the sum of 200s. per 2000s. per year. + + +No one shall commit forgery by counterfeiting a letter made in +another person's name to steal any money, goods, or jewels. + +No one shall libel by accusing another of treason in writing and +leaving it in an open place without subscribing his own name to +it. + +If any servant converts to his own use more than 40s. worth of +jewels, money, or goods from caskets entrusted to him for +safekeeping by a nobleman or other master or mistress, it shall +be a felony. + +If a person breaks into a dwelling house by night to commit +burglary or murder, is killed by anyone in that house, or a +person is killed in self-defense, the killer shall not forfeit +any lands or goods for the killing. + +Killing by poisoning shall be deemed murder and is punishable by +death. + +A person who has committed a murder, robbery, or other felony he +has committed shall be imprisoned for his natural life and be +burned on the hand, because those who have been exiled have +disclosed their knowledge of the commodities and secrets of this +nation and gathered together to practice archery for the benefit +of the foreign realm. If he escapes such imprisonment, he shall +forfeit his life. + +A person convicted or outlawed shall be penalized by loss of +life, but not loss of lands or goods, which shall go to his wife +as dower and his heirs. + +Buggery may not be committed on any person or beast. + +No one shall slander or libel the King by speeches or writing or +printing or painting. + +No one shall steal fish from a pond on another's land by using +nets or hooks with bait or by drying up the pond. + +The mayor of London shall appoint householders to supervise +watermen rowing people across the Thames River because so many +people have been robbed and drowned by these rowers. All such +boats must be at least 23 feet long and 5 feet wide. + +No man shall take away or marry any maiden under 16 years of age +with an inheritance against the will of her father. + +Any marriage solemnized in church and consummated shall be valid +regardless of any prior contract for marriage. + +Sheriffs shall not lose their office because they have not +collected enough money for the Exchequer, but shall have +allowances sufficient to perform their duties. + +Butchers, brewers, and bakers shall not conspire together to sell +their victuals only at certain prices. Artificers, workmen and +laborers shall not conspire to work only at a certain rate or +only at certain hours of the day. + +No one shall sell any woolen cloth that shrinks when it is wet. + +Only artificers using the cutting of leather, may buy and sell +tanned leather and only for the purpose of converting it into +made wares. + +A beggar's child above five years may be taken into service by +anyone that will. + +Cattle may be bought only in the open fair or market and only by +a butcher or for a household, team, or dairy, but not for resale +live. + +Butter and cheese shall not be bought to be sold again except at +retail in open shop, fair, or market. + +No man may enter a craft of cloth-making until he has been an +apprentice for seven years or has married a clothiers' wife and +practicing the trade for years with her and her servants sorting +the wool. + +No country person shall sell wares such as linen drapery, wool +drapery, hats, or groceries by retail in any incorporated town, +but only in open fairs. + +For every 60 sheep there shall be kept one milk cow because of +the scarcity of cattle. + +No clothier may keep more than one wool loom in his house, +because many weavers do not have enough work to support their +families. No weaver may have more than two wool looms. + +No cloth-maker, fuller, shearman, weaver, tailor, or shoemaker +shall retain a journeyman to work by the piece for less than a +three month period. Every craftsman who has three apprentices +shall have one journeyman. Servants in agriculture and bargemen +shall serve by the whole year and not by day wages. + +There shall be a sales tax of 12d. per pound of wool cloth goods +for the Crown. + +All people shall attend church on Sundays to remember God's +benefits and goodness to all and to give thanks for these with +prayers and to pray to be given daily necessities. + +Anyone fighting in church shall be excluded from the fellowship +of the parish community. + +No one shall use a rope or device to stretch cloth for sale so to +make it appear as more in quantity than it is. + +No one may sell cloth at retail unless the town where it was +dressed, dyed, and pressed has placed its seal on the cloth. +Cloth may not be pressed with a hot press, but only with a cold +press. + +Offices may not be bought and sold, but only granted by justices +of the royal courts. + +No one going from house to house to repair metal goods or sell +small goods he is carrying may do this trade outside the town +where he lives. + +No one may sell ale or beer without a license, because there have +been too many disorders in common alehouses. Offenders may be +put in the town or county jail for three days. + +French wine may not be sold for more than 8d. per gallon. + +Only persons with yearly incomes of 1,333s. or owning goods worth +13,333s. may store wine in his house and only for the use of his +household. + +No one may sell forged iron, calling it steel, because the edged +tools and weapons made from it are useless. + +Parish communities shall repair the highways for four days each +year using oxen, cart, plough, shovels, and spades. + +The children of priests are declared legitimate so they may +inherit their ancestor's lands. The priests may be tenants by +courtesy after the death of their wives of such land and +tenements that their wives happened to be seized of in fee +simple or in fee tail, during the spousals. + + +Judicial Procedure + +Doctors of the civil law may practice in the church or Chancery +courts. + +Justices shall tax inhabitants of the county for building jails +throughout the nation, for imprisonment of felons, to be kept by +the sheriffs and repaired out of the Exchequer. + +Piracy at sea or in river or creek or port are adjudicated in +shires because of the difficulty of obtaining witnesses from the +ship, who might be murdered or who are on other voyages on the +sea, for adjudication by the admiral. + +Piracy and murder on ships is punishable by death only after +confession or proof by disinterested witnesses. + +Land held by tenants in common may be partitioned by court order, +because some of these tenants have cut down all the trees to +take the wood and pulled down the houses to convert the material +to their own use. + +Persons worth 800s. a year in goods shall be admitted in trials +of felons in corporate towns although they have no freehold of +land. + +Each justice of the high courts may employ one chaplain. + +The Privy Council took the authority of the star court, which +organized itself as a specialty court. Also, a specific group of +full-time councilors heard pleas of private suitors. + +The bishops, nobility, and Justices of the Peace were commanded +to imprison clergy who taught papal authority. Justices of the +Peace and sheriffs were to watch over the bishops. The Justices +of Assize were to assess the effectiveness of the Justices of +the Peace as well as enforce the treason act on circuit. + +The criminal court had no jury and went outside the common law to +prosecute political enemies. + +Since the nation was now peaceful, expediency was no longer +needed, so judicial procedures again became lengthy and formal +with records. + +All pleadings and usually testimony was put into writing in +Chancery court. + +Witnesses could be sworn in to state pertinent facts necessary +for full understanding and adjudication of cases, because they +are reliable now that there is no livery and maintenance and +because jurors no longer necessarily know all the relevant +facts. + + + + + +Chapter 13 + +The Times: 1558-1604 + +Queen Elizabeth I was intelligent, educated, and wise about human +nature. When young, she was a brilliant student. Then, she +studied much history, philosophy, and oratory. She wrote in +English, Latin, French, and Italian. She read Greek, including +the Greek Testament, Greek orators, and Greek dramatists at age +seven, when the first professorship of Greek was founded at +Cambridge University. Book- learning was one of her highest +values throughout her life. She had good judgment in selecting +her ministers and advisors for her Privy Council. Like her +father and grandfather, she dominated Parliament. + +She was so influenced by her reading of Cicero that she acquired +his style of writing. Her Chief Secretary William Cecil was so +guided by Cicero's "Offices" that he carried a copy in his +pocket. Cicero opined that government officials' duty was to +make the safety and interest of citizens its greatest aim and to +design all their thoughts and endeavors without ever considering +personal advantage. Government was not to serve the interest of +any one group to the prejudice or neglect of the rest, for then +discord and sedition would occur. Furthermore, a governor should +try to become loved and not feared, because men hated those whom +they feared, and wished dead those whom they hated. Therefore +obedience proceeding from fear could not last, whereas that which +was the effect of love would last forever. An oppressor ruling +by terror will be resented by the citizens, who in secret will +choose a worthier person. Then liberty, having been chained up, +would be unleashed more fiercely than otherwise. To obtain the +peoples' love, a governor should be kind and bountiful. To +obtain the peoples' trust, a governor should be just, wise, and +faithful. To demonstrate this, a governor should be eloquent in +showing the people an understanding better than theirs, the +wisdom to anticipate events, and the ability to deal with adverse +events. And this demonstration should be done with modesty. One +cannot get the peoples' trust by vain shows, hypocritical +pretenses, composed countenances, and studied forms of words. +The first goal of a governor is to take care that each +individual is secured in the quiet enjoyment of his own property. +The second goal is to impose taxes that are not burdensome. The +third goal is to furnish the people with necessaries. The law +should be enforced keeping in mind that its fundamental purpose +is to keep up agreement and union among citizens. + +Elizabeth cared deeply for the welfare of all citizens of +whatever class. She was sensitive to public opinion and wanted +to be loved by her people, which she was. She was frugal and +diplomatically avoided unnecessary wars, saying that her purse +was the pockets of her people. England was a small Protestant +nation threatened by the larger Catholic nations of France and +Spain. Elizabeth flirted with foreign princes to make them waste +their time trying to get England by marrying her instead of by +war. Her promotion of commercial speculations diffused a vast +increase of wealth among her people. Her good spirits and +gayness created a happy mood in the nation. She loved dancing and +madrigal music was popular. The Elizabethan era was one of +general prosperity. + +Elizabeth came to dress elaborately and fancifully. Her dresses +were fitted at the waist with a long and pointed bodice +stiffened with wood, steel, or whalebone. Her skirt was held out +with a petticoat with progressively larger hoops. There were two +layers of skirt with the top one parted to show the bottom one. +The materials used were silks, satins, velvets, and brocades. On +her dress were quiltings, slashings, and embroidery. They were +covered with gold ornaments, pearls, and gems from America. She +wore decorated gloves. So ladies copied her and discarded their +simple over-tunics for elaborate dresses. The under-tunic was +now becoming a petticoat and the over-tunic a dress. Their +under-tunics became petticoats. Often they also wore a fan with a +mirror, a ball of scent, a miniature portrait of someone dear to +them, and sometimes a watch. Single ladies did not wear hats, +but had long, flowing hair and low cut dresses showing their +bosoms. Married ladies curled their hair and wore it in high +masses on their heads with jewels interwoven into it. Both +gentlemen and ladies wore hats both indoors and outside and +large, pleated collars around their necks (with the newly +discovered starch), perfume, and high-heeled shoes. Gentlemen's' +tight sleeves, stiffened and fitted doublet with short skirt, and +short cloak were ornamented and their silk or velvet hats +flamboyant, with feathers. At their leather belts they hung +pouches and perhaps a watch. They wore both rapiers [swords with +cutting edges] and daggers daily as there were many quarrels. +There were various artistic beard cuts and various lengths of +hair, which was often curled and worn in ringlets. They now wore +breeches and stockings instead of long hosen. Both gentlemen and +ladies wore silk stockings and socks over them and then boots. +Coats dipped in boiled linseed oil with resin served as +raincoats. They wore nightgowns to bed. Fashions changed every +year. When Elizabeth became old, she had a wig made to match her +youthful long red hair. Other ladies began wearing wigs. + +Poor men wore skirted fustian tunics, loose breeches, and coarse +stockings or canvas leggings. Agricultural laborers kept sword +and bow in a corner of their fields in the first part of +Elizabeth's reign. + +Women spent much of their time doing needlework and embroidery. +Since so many of the women who spent their days spinning were +single, unmarried women became known as "spinsters". + +Children wore the same apparel as their elders. They were given +milk at meals for good growth. It was recognized that sickness +could be influenced by diet and herbs. Sickness was still viewed +as an imperfect balance of the four elements of blood (hot and +moist like air), phlegm (cold and moist like water), choler or +yellow bile (hot and dry like fire), and melancholy or black bile +(cold and dry like earth) in a person. + +There were many lifestyle possibilities in the nation: +independently wealthy with 40s. yearly or goods worth 200s.; +gentleman, that is one who owned land or was in a profession +such as an attorney, physician, priest or who was a university +graduate, government official, or a military officer; employment +in agriculture, arts, sciences; employment in households and +offices of noblemen and gentlemen; independent farmers with +their own farm; fisherman or mariner on the sea or apprentice of +such; employment by carriers of grain into cities, by market +towns, for digging, seeking, finding, getting, melting, fining, +working, trying, making of any silver, tin, lead, iron, copper, +stone, coal; glassmaker. + +Typical wages in the country were: fieldworkers 2-3d. a day, +ploughmen 1s. a week with board, shepherd 6d. a week and board, +his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending +on the grain, thatching for five days 2d., master mason or +carpenter or joiner 4d. a day and food or 8d. without food, a +smith 2d. a day with food, a bricklayer 2 1/2 d. a day with +food, a shoemaker 2d. a day with food. These people lived +primarily on food from his own ground. + +There was typical work for each month of the year in the country: +January - ditching and hedging after the frost broke, February - +catch moles in the meadows, March - protect the sheep from +prowling dogs, April - put up hop poles, sell bark to the tanner +before the timber is felled, fell elm and ash for carts and +ploughs, fell hazel for forks, fell sallow for rakes, fell horn +for flails, May - weed and hire children to pick up stones from +the fallow land, June - wash and shear the sheep, July - hay +harvest, August - wheat harvest, September and October - gather +the fruit, sell the wool from the summer shearing, stack logs +for winter, buy salt fish for Lent in the town and lay it up to +dry, November - have the chimneys swept before winter, thresh +grain in the barn, December - grind tools, repair yokes, forks, +and farm implements, cover strawberry and flower beds with straw +to protect them from the cold, split kindling wood with beetle +and wedge, tan their leather, make leather jugs, make baskets for +catching fish, and carve wood spoons, plates, and bowls. + +There was a wave of building and renovation activity in town and +country. Housing is now, for the first time, purely for dwelling +and not for defense. They were designed symmetrically with +decorative features instead of a haphazard addition of rooms. +Windows were large and put on the outer walls instead of just +inside the courtyard. A scarcity of timber caused proportionally +more stone to be used for dwelling houses and proportionately +more brick to be used for royal palaces and mansions. The rest +of the house was plaster painted white interspersed with +vertical, horizontal, and sloping timber, usually oak, painted +black. They had locks and bolts for protection from intruders. +The floors were stone or wood, and sometimes tile. They were +often covered with rushes or plaited rush mats. Some private +rooms may have carpets on the floor. Walls were smoothly +plastered or had carved wood paneling to control drafts. Painted +cloths replaced tapestries on walls. Candles were hung from the +ceiling and used on tables. Plastered ceilings and a lavish use +of glass made rooms lighter and cozy. Broad and gracious +stairways with carved wood banisters replaced the narrow winding +stone steps of a stairwell. Most houses had several brick +chimneys and clear, but uneven, glass in the windows. There were +fireplaces in living rooms, dining rooms, kitchen, and bedrooms. +Sometimes there was a library, study room, or breakfast room as +well. Rooms were more spacious than before and contained +furniture such as chests of drawers, enclosed cupboards, +cabinets, buffets, tables, chairs and benches with backs and +cushions, sometimes with arms, and occasionally wardrobes, +either hanging or with shelves, for clothes. Carpeting covered +tables, chests, and beds. Family portraits decorated some walls, +usually in the dining room. Bedrooms all led out of each other. +But curtains on the four poster beds with tops provided +privacy. Beds had elaborately carved bedsteads, sheets, and a +feather coverlid as well as a feather mattress. Often family +members, servants, and friends shared the same bed for warmth or +convenience. Each bedroom typically had a cabinet with a mirror, +e.g. of burnished metal or crystal, and comb on top. One brushed +his teeth with tooth soap and a linen cloth, as physicians +advised. Each bedroom had a pitcher and water bowl, usually +silver or pewter, for washing in the morning, and a bed-pan for +nighttime use, and also fragrant flowers. Elizabeth had a room +just for her bath. Smoking tobacco and snuff-taking became +popular. + +On the table was a fancy salt cellar and pepper. Some gentry used +two-pronged forks for eating. Glass drinking vessels replaced +even gold and silver goblets. Breakfast was substantial, with +meat, and usually eaten in one's bedroom. There was great plenty +and variety of meats to all but the poorer classes: beef, +mutton, veal, lamb, kid, pork, rabbit, capon, red deer, fish and +wild fowl as well as the traditional venison and brawn [boar]. +From English orchards and gardens came apricots, almonds, +gooseberries, raspberries, melons, currants, oranges, and lemons +as well as the traditional apples, pears, plums, mulberries, +quinces, pomegranates, figs, cherries, walnuts, chestnuts, hazel +nuts, filberts, strawberries, blackberries, dewberries, +blueberries, and peaches. Also grown were sweet potatoes, +artichokes, cabbages, turnips, broad beans, peas, pumpkins, +cucumbers, radishes, carrots, celery, parsnips, onions, garlic, +leeks, endive, spinach, sorrel, lettuce, parsley, mustard, +cress, sage, tarragon, fennel, thyme, mint, savory, rhubarb, and +medicinal herbs. Sugar was used to make sweet dishes. Grace was +said before meals. Toothpicks were used. + +Most dwellings were of brick and stone. Only a few were of wood +or mud and straw. The average house was now four rooms instead +of three. Yeomen might have six rooms. A weaver's house had a +hall, two bedrooms, and a kitchen besides the shop. Farmers +might have two instead of one room. A joiner had a one-room house +with a feather bed and bolster. Even craftsmen, artificers and +farmers had feather beds on bed frames with pillows and hung +loom tapestry and painted cloth to keep out the cold in their +single story homes. They also had pewter spoons and plates, +instead of just wood or earthenware ones. Even the poorer class +had glass drinking vessels, though of a coarse grade. The poor +still used wooden plates and spoons. Laborers had canvas sheets. +Richer farmers would build a chamber above the hall, replacing +the open hearth with a fireplace and chimney. Poorer people +favored ground floor extensions, adding a kitchen or second +bedchamber to their cottages. Kitchens were often separate +buildings to reduce the risk of fire. Roasting was done on a +spit and baking in irons boxes placed in the fire or in a brick +oven at the side of the fireplace. + +Mixed farming began. In this, some of the arable land produced +food for man and the rest produced food for sheep, cattle, pigs, +and poultry. This was made possible by the introduction of +clover, artificial grasses, and turnip and other root crops for +the animals. Since the sheep ate these crops in the field, they +provided manure to maintain the fertility of the soil. This meant +that many animals could be maintained throughout the winter +instead of being slaughtered and salted. + +More than medieval castles and manor houses, mansions were +designed with privacy in mind. The great hall, often hung around +with bows, pikes, swords, and guns, was not abandoned, but the +family used it as an eating place only on rare occasions. +Instead they withdrew to the parlor and great chamber, while +their servants lived in turrets or attics and continued to eat +in the hall. The distinction between parlor and great chamber +was that the former was for domestic use and the latter for +entertaining. Parlors were situated on the ground floor: the +family lived and relaxed there, and had informal meals in a +dining parlor. The formal or "state" rooms were on the first +floor, usually comprising a great chamber, a withdrawing +chamber, one or more bedchambers, and a long gallery. The idea +of a long gallery was copied from Henry VII and was used for +exercise, recreation such as music and dancing, and private +conversations. Each room had carved chairs and cabinets. A noble +or gentleman's house had not only a garden for the kitchen and +orchards, but formal gardens of flowers and scrubs. Grown were +apples, plums, pears, apricots, peaches, walnuts, filberts, +almonds, figs, capers, oranges, and lemons. Trees were planted +and grafted. + +A noble lord made written rules with penalties for his country +household, which numbered about a hundred, including family, +retainers, and servants. He enforced them by fines, flogging, +and threats of dismissal. The lady of the house saw that the +household, held together as an economic and social unit. The +noble's family, retainers, guests, and the head servants, such +as chaplain and children's tutor, and possibly a musician, dined +together at one table. The family included step children and +married sons and daughters with their spouses. They drank from +drinking of fine clear glass from Italy. They ate from silver +dishes with silver spoons. Chandeliers of candles lit rooms. A +silver salt cellar was on the table, which was covered with a +linen cloth. The lady of the house sat in a chair at the end of +the table and was served first. After the upper table was +served, the food was sent to the servants: serving men and +women, bakers, brewers, cooks, pot cleaners, laudresses, +shepherds, hogherds, dairy maids, falconers, huntsmen, and +stable men. What was left was given to the poor at the gates of +the house. The biggest meal of the day was dinner, served at +noon. There were sandglass clocks. For amusement, the house was +occasionally handed over to a lord of misrule for twelve days. +Clothes were washed in rivers and wells. + +Farmers' wives used looms as well as spinning wheels with foot +treadles. Due to new grass and root crops, animals could be kept +through the winter. Therefore, salted meat and salted fish were +no longer the staple food of the poorer people during the +winter. Farm laborers ate soup, porridge, milk, cheese, bacon, +and beer or mead (depending on the district), and dark barley or +rye bread, which often served as his plate. Gentlemen ate wheat +bread. + +By 1600 basement services were frequently found in town houses +built on restricted sites. Lastly, provision of water supplies +and improved sanitary arrangements reflected concern with +private and public health. There was virtually no drainage. In +the case of town houses, some owners would go to considerable +effort to solve drainage problems, often paying a cash +composition to the civic authorities, but sometimes performing +some service for the town at Court or at Westminster in return +for unlimited water or some drainage. Most affluent households, +including the Queen's moved from house to house, so their +cesspits could be cleaned out and the vacated buildings aired +after use. A few cesspits were made air-tight. Otherwise, there +was extensive burning of perfumes. Refuse was emptied out of +front doors and shoveled into heaps on street corners. It was +then dumped into the river or along the highways leading out of +town. People put on perfume to avoid the stench. By 1600, the +first water-closet was built, which provided a clean latrine all +year round. + +The value of grain and meat rose compared to wool. Grain became +six times its value in the previous reign. Wool fell from +20s.8d. per tod in 1546 to 16s. in 15s. So sheep-farming, which +had taken about 5% of the arable land, was supplanted somewhat +by crop-raising and the rural population could be employed for +agriculture. In some places, the threefold system of rotation was +replaced by alternating land used for crops with that used for +pasture. The necessity of manuring and the rotation of crops and +grasses such as clover for enrichment of the soil were +recognized. Wheat, rye, barley, peas, and beans were raised. +There was much appropriation of common land by individual +owners by sale or force. Many farms were enclosed by fences or +hedges so that each holder could be independent of his +neighbors. Red and black currants, rhubarb, apricots, and +oranges were now grown. These independent farmers could sell wool +to clothiers, and butter, cheese, and meat to the towns. They +also often did smithwork and ironwork, making nails, horseshoes, +keys, locks, and agricultural implements to sell. A laborer +could earn 6d. a day in winter and 7d. a day in summer. Unfree +villeinage ceased on the royal estates. But most land was still +farmed in common and worked in strips without enclosure. +Windmills now had vanes to change the position of the sails when +the wind direction changed. Formerly, the position of the sails +was changed by manual labor. Prosperous traders and farmers who +owned their own land assumed local offices as established +members of the community. + +The population of the nation was about five million. Population +expansion had allowed landlords to insist on shorter leases and +higher rents, instead of having to choose between accepting a +long lease and good rent or allowing their estates to pass out +of cultivation. 90% of the population lived in the countryside +and 5% in the London and 5% in the other towns. Over half the +people of the nation were on the margin of subsistence. Life +expectancy was about 40 years of age. + +Most of London was confined within the city wall. There were +orchards and gardens both inside and outside the walls, and +fields outside. Flower gardens and nurseries came into +existence. No part of the city was more than a ten minute walk +to the fields. Some wealthy merchants had four story mansions or +country houses outside the city walls. Goldsmiths' Row was +replete with four story houses. A few wealthy merchants became +money-lenders for interest, despite the law to the contrary. The +mayor of London was typically a rich merchant prince. Each trade +occupied its own section of the town and every shop had its own +signboard, for instance, hat and cap sellers, cloth sellers, +grocers, butchers, cooks, taverns, and book-sellers. Many of the +London wards were associated with a craft, such as Candlewick +Ward, Bread St. Ward, Vintry Ward, and Cordwainer Ward. Some +wards were associated with their location in the city, such as +Bridge Ward, Tower Ward, Aldgate Ward, Queenhithe Ward, and +Billingsgate Ward. People dwelled at the back or on the second +floor of their shops. In the back yard, they grew vegetables +such as melons, carrots, turnips, cabbages, pumpkins, parsnips, +and cucumbers; herbs; and kept a pig. Hyde Park was the Queen's +hunting ground. London had a small zoo of ten animals, including +a lion, tiger, lynx, and wolf. + +Life in London was lived in the open air in the streets. The +merchant transacted business agreements and the lawyer saw his +clients in the street or at certain pillars at St. Paul's +Church, where there was a market for all kinds of goods and +services. Some gentlemen had offices distant from their dwelling +houses such as attorneys, who had a good income from trade +disputes and claims to land, which often changed hands. Plays +and recreation also occurred in the streets, such as +performances by dancers, musicians, jugglers, clowns, tumblers, +magicians, and men who swallowed fire. The churches were +continuously open and used by trades and peddlers, including +tailors and letter-writers. Water carriers carried water in wood +vessels on a shoulder from the Thames River or its conduits to +the inhabitants three gallons at a time. Soldiers, adventurers, +physicians, apprentices, prostitutes, and cooks were all +distinguishable by their appearances. An ordinance required +apprentices to wear long blue gowns and white breeches with +stockings, with no ornamentation of silk, lace, gold or silver +and no jewelry. They could wear a meat knife, but not a sword or +dagger. Apprentices lived with their masters and worked from 6 +or 7 a.m. to 9 p.m. Some people knitted wool caps as they walked +to sell when finished. There were sections of town for +booksellers, butchers, brewers, hosiers, shoemakers, curriers, +cooks, poulters, bow makers, textwriters, pattenmakers, and horse +and oxen sellers. Large merchant companies had great halls for +trade, such as the mercers, grocers, drapers, fishmongers, and +goldsmiths. The other great guilds were the skinners, merchant +tailers, haberdashers, salters, ironmongers, vintners, and +clothworkers. Smaller guilds were those of the bakers, weavers, +fruiterers, dyers, Thames watermen and lightermen, carpenters, +joiners, turners, and parish clerks. The guilds insured quality +by inspecting goods for a fee. >From 1571, merchants could meet +at the Royal Exchange building for business purposes. It's great +bell rang at midday and at 6 p.m. Crime was rampant in the +streets and criminals were executed near to the crime scene. + +Taverns served meals as well as ale. They were popular meeting +places for both men and women of all backgrounds to met their +friends. Two taverns in particular were popular with the +intelligentsia. Music was usually played in the background and +games were sometimes played. Beer made with hops and malt was +introduced and soon there were beer drinking contests. +Drunkenness became a problem. + +The main thoroughfare in London was still the Thames River. +Nobles living on the river had their own boats and landings. +Also at the banks, merchants of all nations had landing places +where ships unloaded, warehouses, and cellars for goods and +merchandise. Swans swam in the clear bright water. Watermen rowed +people across the river for a fee. On the south bank of the river +were theaters, outlaws, cutpurses, prostitutes, and prisons. In +the summer, people ate supper outside in public. Refuse is still +thrown into the streets. At night, the gates of the city were +closed and citizens were expected to hang out lanterns. The +constable and his watchmen carried lanterns and patrolled the +streets asking anyone they saw why they were out so late at +night. There were a few horse-drawn coaches with unglazed +windows with curtains to keep out the weather. + +As of old times, brokers approved by the Mayor and aldermen made +contracts with merchants concerning their wares. Some contracts +included holding wares as security. Some craftsmen and manual +workers extended this idea to used garments and household +articles, which they took as pawns, or security for money loaned. +This began pawn brokerage, which was lucrative. The problem was +that many of the items pawned had been stolen. + +The Queen's Privy Council fixed wages and prices in London, +advised Justices of the Peace on wages elsewhere, and controlled +exports of grain to keep prices down and supplies ample. There +were labor strikes in some towns for higher wages after periods +of inflation. In 1591, London authorities rounded up the sturdy +vagabonds and set them to work cleaning out the city ditches for +4d. per day. + +Most of the men in Elizabeth's court had attended a university, +such as the lawyer and writer Francis Bacon and the sea-fighter +and writer Walter Raleigh, who had a humble origin. Many wives +and daughters of Privy Councilors attended the Queen in her +privy chamber. Most of the knights or gentlemen of the royal +household were also members of Parliament or Justices of the +Peace for certain districts in the counties. The court did not +travel as much as in the past, but became associated with +London. Elizabeth took her entire court on summer visits to the +country houses of leading nobility and gentry. + +Secular education and especially the profession of law was the +route for an able but poor person to rise to power, rather than +as formerly through military service or through the church. + +The first stage of education was primary education, which was +devoted to learning to read and write in English. This was +carried out at endowed schools or at home by one's mother or a +tutor. The children of the gentry were usually taught in their +homes by private teachers of small classes. Many of the poor +became literate enough to read the Bible and to write letters. +However, most agricultural workers and laborers remained +illiterate. + +The next stage of education was grammar [secondary] school. There +a student was taught rhetoric (e.g. poetry, history, precepts of +rhetoric, and classical oratory), some logic, and Latin and +Greek grammar. English grammar was learned through Latin grammar +and English style through translation from Latin. Literary +criticism was learned through rhetoric. There were disputations +on philosophical questions such as how many angels could sit on +a pin's point. The students sat in groups around the hall for +their lessons. The boys and girls were also taught hawking, +hunting and archery. The secondary student and the undergraduate +were tested for proficiency by written themes and oral +disputations, both in Latin. Grammar schools were headed by +schoolmasters. There were so many secondary schools financed by +merchants and guilds such as the Mercers and Fishmongers that +every incorporated town had at least one. The middle classes from +the squire to the petty tradesman were brought into contact with +the best Greek and Roman writers. A typical schoolday lasted +from 7:00 am to 5:00 PM. Flogging with a birch rod was used for +discipline. Some students learned this material from a tutor +rather than school. + +The government of Oxford University, which had been Catholic, was +taken from the resident teachers and put into the hands of the +Vice-Chancellor, Doctors, Heads of Colleges, and Proctors. Then +Oxford became a hotbed of Puritanism. Cambridge already had a +strong reformed element from Erasmus' influence. Oxford +University and Cambridge University were incorporated to have a +perpetual existence for the virtuous education of youth and +maintenance of good literature. The Chancellors, masters, and +scholars had a common seal. Undergraduate students entered at age +16 and resided in rooms in colleges rather than in scattered +lodgings. Each undergraduate student had a tutor and those not +seeking a degree could devise his own course of study with his +tutor's permission. Many students who were working on the seven +year program for a Master's Degree went out of residence at +college after the four year's "bachelor" course. Students had +text books to read rather than simply listening to a teacher +read books to them. Oxford was authorized to and did acquire its +own printing press. Examination was still by disputation. +Students acted in Latin plays. If a student went to a tavern, he +could be flogged. For too elaborate clothing, he could be fined. +Fines for absence from class were imposed. + +All students had to reside in a college or hall, subscribe to the +39 articles of the university, the Queen's supremacy, and the +prayer book. Meals were taken together in the college halls. The +universities were divided into three tables: a fellows' table of +earls, barons, gentlemen, and doctors; a second table of masters +of arts, bachelors, and eminent citizens, and a third table of +people of low condition. Professors, doctors, masters of arts +and students were all distinguishable by their gowns. + +Undergraduate education was considered to be for the purpose of +good living as well as good learning. It was to affect the body, +mind, manners, sentiment, and business. The university +curriculum included Latin and Greek languages and was for four +years. The student spent at least one year on logic (syllogizing, +induction, deduction, the thirteen classical fallacies, and the +application of logic to other studies), at least one year on +rhetoric, and at least one year on philosophy. The latter +included physics, metaphysics, and ethics (domestic principles +of government, military history, diplomatic history, and public +principles of government), and mathematics (arithmetic, geometry, +algebra, astronomy, music, optics). There were lectures on Greek +and Latin literature, including Aristotle, Plato, and Cicero. + +About 1564, the curriculum was changed to two terms of grammar, +four terms of rhetoric, five terms of dialectic (examining +ideas, opinions logically), three terms of arithmetic, and two +terms of music. There were now negative numbers, irrational +numbers, and imaginary numbers. Also available were astrology, +and alchemy, cultivation of gardens, and breeding of stock, +especially dogs and horses. Astronomy, geometry, natural and +moral philosophy, and metaphysics were necessary for a master's +degree. The university libraries of theological manuscripts in +Latin were supplemented with many non-religious books. + +There were graduate studies in theology, medicine, music, and +law, which was a merging of civil and canon law together with +preparatory work for studying common law at the Inns of Court in +London. + +In London, legal training was given at the four Inns of Court. +Only young gentry were admitted there and many later became +members of Parliament or Justices of the Peace. It took about +seven years there to become a lawyer. Besides reading textbooks +in Latin, the students observed at court and did work for +practicing lawyers. They often also studied and attended +lectures on astronomy, geography, history, mathematics, +theology, music, navigation, foreign languages, and lectures on +anatomy and medicine sponsored by the College of Physicians. A +tour of the continent became a part of every gentleman's +education. + +Medical texts were Hippocrates and Galen. These viewed disease as +only part of the process of nature, without anything divine. +They stressed empiricism, experience, collections of facts, +evidences of the senses, and avoidance of philosophical +speculations. Galen's great remedies were proper diet, exercise, +massage, and bathing. He taught the importance of a good water +supply and good drainage. Greek medicinal doctrines were +assumed, such as preservations of the health of the body was +dependant on air, food, drink, movement and repose, sleeping and +waking, excretion and retention, and the passions. It was widely +known that sleep was restorative and that bad news or worry could +spoil one's digestion. An Italian book of 1507 showed that +post-mortem examinations could show cause of death by +gallstones, heart disease, thrombosis of the veins, or +abscesses. + +Because physicians were allowed to dissect corpses, there were +anatomy textbooks and anatomy was related to surgery. The +compound microscope was invented about 1590. A visit by a doctor +cost 13s.4d. Melancholia, which made one always fearful and full +of dread, and mania, which made one think he could do +supernatural things, were considered to be different types of +madness from infirmities of the body. Barber-surgeons extracted +teeth and performed surgery. Barbers were allowed to do only +dentistry and bleeding. A College of Surgeons was founded. +Teachers of surgery used corpses of felons to teach anatomy. Even +the poor were buried in coffins. + +All forms of English literature were now in print, except for +plays. In 1600 William Gelbert wrote a book on terrestrial +magnetism which founded the science of electricity. He +cultivated the method of experiment and of inductive reasoning +from observation. He expounded the idea of Nicolaus Copernicus of +Poland published in 1543 that the earth revolves around the sun +in a solar system. However, the prevailing belief was still that +the earth was at the center of the universe. + +Many people kept diaries. Letter-writing was frequent at court. +Correctness of spelling was beginning to be developed. Printers +tended to standardize it. There was much reading of romances, +jest books, histories, plays, prayer collections, and +encyclopedias, as well as the Bible. In schools and gentry +households, favorite reading was Edmund Spenser's "Faerie Queen" +about moral virtues and the faults and errors which beset them, +Erasmus' New Testament, "Paraphrases", "Colloquies", and +"Adages", Sir Thomas North's edition of Plutarch's "Lives of the +Noble Grecians and Romans", Elyot's "The Book Named the +Governor", and Hoby's translation of "The Courtier". At a more +popular level were Caxton's "The Golden Legend", Baldwin's +"Mirror for Magistrates", Foxe's "Book of Martyrs" about English +protestant who suffered at the stake, sensational stories and +pamphlets, printed sermons (including those of Switzerland's +Calvin), chronicles, travel books, almanacs, herbals, and +medical works. English fiction began and was read. There were +some books for children. Books were copywrited, although +non-gentlemen writers needed a patron. At the lowest level of +literacy were ballads describing recent events. Next to sermons, +the printing press was kept busiest with rhymed ballads about +current events. Printed broadsheets on political issues could be +distributed quickly. In London, news was brought to the Governor +of the News Staple, who classified it as authentic, aprocryphal, +barber's news, tailor's news, etc. and stamped it. Books were +also censored for matter against the state church. This was +carried out through the Stationers' Company. This company was +now, by charter, the official authority over the entire book +trade, with almost sole rights of printing (e.g. excluding +schools). It could burn other books and imprison their printers. + +Travel books had maps, itineraries, and mileage between towns in +England and Wales according to a survey completed in 1579, about +which time the Queen had a postal system on the high roads for +official business. Non-government people used private post +horses. The gentry rode horses. Most people's mode of travel was +still walking. In 1564, the first canal was built with locks at +Exeter. + +William Shakespeare, a glove-maker's son, wrote plays about +historical events and plays which portrayed various human +personalities and their interactions with each other. They were +enjoyed by all classes of people. His histories were especially +popular. The Queen and various earls each employed players and +actors, who went on tour as a troupe and performed on a round +open-air stage, with people standing around to watch. In London, +theaters such as the Globe were built specifically for the +performance of plays, which had been performed at inns. There +were costumes, but no sets. Ordinary admission was 2d. Before +being performed, a play had to be licensed by the Master of the +Revels to make sure that there was nothing detrimental to the +peace and public order. The common people still went to +morality plays, but also to plays in which historical personages +were portrayed, such as Richard II, Henry IV, and Henry V. Some +plays were on contemporary issues. Musicians played together as +orchestras. Music and singing was a popular pastime after +supper; everyone was expected to participate. Dancing was +popular with all classes. Gentlemen played cards, dice, chess, +billiards, tennis, and fenced and had games on horseback. Their +deer- hunting diminished as forests were cut down for agriculture +and the deer was viewed as an enemy eating crops. Falconry +diminished as hedges and enclosures displaced the broad expanses +of land. With enclosure there could be more innovation and more +efficiency. It was easier to prevent over-grazing and half- +starved animals as a result. + +Country people had music, dancing, pantomime shows with masks, +riddles, wrestling, hurling, running, swimming, leap frog, +blindman's buff, shovelboard played with the hands, and football +between villages with the goal to get the ball into one's own +village. There were many tales involving fairies, witches, +devils, ghosts, evil spirits, angels, and monsters enjoyed by +adults as well as children. Many people were still +superstitious, believed in charms, curses, divination, omens, +fate, and advice from astrologers. The ghosts of the earth +walked the earth, usually because of some foul play to be +disclosed, wrong to be set right, to warn those dear to them of +peril, or to watch over hidden treasure. Fairies blessed homes, +rewarded minor virtues, and punished mild wrongdoing. When +fairies were unhappy, the weather was bad. There were parties +for children. + +The merry guild-feast was no longer a feature of village life. +There were fewer holydays and festivals. The most prosperous +period of the laborer was closing. An agricultural laborer's +yearly wage was about 154s., but his cost of living, which now +included house rent, was about 160s. a year. In 1533, daily wages +in the summer for an agricultural laborer were about 4d. and for +an artisan 6d. In 1563 in the county of Rutland, daily wages for +laborers were 7d. in summer and 6d. in winter; and for artisans +were 9d. in summer and 8d. in winter. + +There were endowed hospitals in London for the sick and infirm. +There were others for orphans, for derelict children, and for +the destitute. They worked at jobs in the hospital according to +their abilities. There was also a house of correction for +discipline of the idle and vicious by productive work. + +In the towns, shop shutters were let down to form a counter. +Behide this the goods were made and/or stored. The towns held a +market once a week. Fairs occurred once or twice a year. At +given times in the towns, everyone was to throw buckets of water +onto the street to cleanse it. During epidemics in towns, there +was quarantine of those affected to stay in their houses unless +going out on business. Their houses were marked and they had to +carry a white rod when outside. The quarantine of a person +lasted for forty days. The straw in his house was burned and his +clothes treated. People who died had to be buried under six feet +of ground. + +Communities were taxed for the upkeep and relief of the prisoners +in the jails in their communities. + +Church services included a sermon and were in accordance with a +reformed prayer book and in English, as was the Bible. Communion +of participants replaced mass by priests. Elizabeth was not +doctrinaire in religious matters, but pragmatic. She always +looked for ways to accommodate all views on what religious +aspects to adopt or decline. Attendance at state church services +on Sunday mornings and evenings and Holydays was enforced by a +fine of 12d. imposed by the church wardens. People could hold +what religious beliefs they would, even atheism, as long as they +maintained an outward conformity. For instance, babies were to be +baptized before they were one month old or the parents would be +punished. + +There was difficulty persuading educated and moral men to be +ministers. The Bible was read at home and familiar to everyone. +This led to the growth of the Puritan movement. The Puritans +complained that the church exerted insufficient control over the +morals of the congregation. They thought that ministers and lay +elders of each parish should regulate religious affairs and that +the bishops should be reduced to an equality with the rest of +the clergy. The office of archbishop should be eliminated and +the head of state should not necessarily be governor of the +church. Their ideas of morality were very strict and even plays +were though to be immoral. The puritan movement included William +Brewster, an assistant to a court official who was disciplined +for delivering, upon pressure from the council, the Queen's +signed execution order for Mary of Scotland after the Queen had +told him to hold it until she directed otherwise. + +The debased coinage was replaced by a recoinage of newly minted +coins with a true silver weight. + +Goldsmiths, who also worked silver, often acted as guardians of +clients' wealth. They began to borrow at interest at one rate in +order to lend out to traders at a higher rate. This began +banking. + +Patents were begun to encourage the new merchant lords to develop +local manufactures or to expand import and export trade. Patents +were for a new manufacture or an improved older one and +determined the wages of its trades. There was chartering of +merchant companies and granting of exclusive rights to new +industries as monopolies. Some monopolies or licenses were +patents or copyrights. Others established trading companies for +trade to certain foreign lands and supporting consular +services. But there were two detrimental effects: monopoly was a +severe burden to the middle and poorer classes, and the power of +patent holder to arrest and imprison persons charged with +infringing upon their rights was extended to any disliked +person. + +There was sharing of stock of companies, usually by merchants of +the same type of goods. There were many stockholders of the East +India Company, chartered in 1600 to trade there. New +incorporated companies were associations of employers and often +included a number of trades, instead of the old guilds which were +associations of actual workers. Town government was often +controlled by a few merchant wholesalers. The entire trade of a +town might be controlled by its drapers or by a company of the +Merchant Adventurers. The charter of the latter as of 1564 +allowed a common seal, perpetual existence, liberty to purchase +lands, and liberty to exercise their government in any part of +the nation. There were policies of insurance given by groups of +people for losses of ships and their goods. + +There were monopolies on cloth, tin, starch, fish, oil, vinegar, +and salt. New companies were incorporated for many trades, the +ostensible reason being the supervision of the quality of the +wares produced in that trade. (Shoemakers, haberdashers, +saddlers, and curriers exercised close supervision over these +wares.) They paid heavily for their patents or charters. + +There was no sharp line between craftsman and shopkeeper or +between shopkeeper and wholesale merchant. In London, an +enterprising citizen could pass freely from one occupation to +another. Borrowing money for a new enterprise was common. +Industrial suburbs grew up around London and some towns became +known as specialists in certain industries. The building crafts +in the towns often joined together into one company, e.g. +wrights, carpenters, slaters, and sawyers, or joiners, turners, +carvers, bricklayers, tilers, wallers, plasterers, and paviors. +These companies included small contractors, independent masters, +and journeymen. The master craftsman often was a tradesman as +well, who supplied timber, bricks, or lime for the building +being constructed. The company of painters was chartered with a +provision prohibiting painting by persons not apprenticed for +seven years. + +The prosperous merchants began to form a capitalistic class as +capitalism grew. Competition for renting farm land, previously +unknown, caused these rents to rise. The price of wheat rose to +an average of 14s. per quarter, thereby encouraging tillage once +more. There was steady inflation. + +The breed of horses and cattle was improved. There were +specializations such as the hunting horse and the coach horse. +Dogs had been bred into various types of hounds for hunting, +water and land spaniels for falconry, and other dogs as house +dogs or toy dogs. There were no longer any wild boar or wild +cattle. The turkey joined the cocks, hens, geese, ducks, +pigeons, and peacocks in the farmyard. Manure and dressings were +used to better effect on the soil. + +There are locks and canals as well as rivers. At London Bridge, +water-wheels and pumps are installed. There are now four royal +postal routes from London to various corners of the nation. +Horses are posted along the way for the mail- deliverer's use. +However, private mail still goes by packman or common carrier. +There were compasses with a bearing dial on a circular plate with +degrees up to 360 noted. The nation's inland trade developed a +lot. There were many more wayfaring traders operating from town +inns. There were new industries such as glassware, iron, +brasswares, alum and coppers, gunpowder, paper, coal, and sugar. +Coal was used for fuel as well as wood, which was becoming +scarce. Small metal goods, especially cutlery, was made, as well +as nails, bolts, hinges, locks, ploughing and harrowing +equipment, rakes, pitch forks, shovels, spades, and sickles. +Lead was used for windows and roofs. Copper and brass were used +to make pots and pans. Pewter was used for plates drinking +vessels, and candlesticks. Iron was used for fire-backs, pots, +and boilers. Also in use was canvas, lead, and rice. Competition +was the mainspring of trade and therefore of town life. + +Parliament enacted laws and voted taxes. The Queen, Lords, and +Commons cooperated together. There was little dissension or +debating. There were many bills concerning personal, local, or +sectional interests, but priority for consideration was given to +public measures. The knights in the commons were almost +invariably from the county's leading families and chosen by +consensus in the county court. The commons gradually won for its +members freedom from arrest without its permission and the +right of punishing and expelling members for crimes committed. +Tax on land remained at 10% of its estimated yearly income. The +Queen deferred to the church convocation to define Christian +faith and religion, thus separating church and state functions. + +The Treasury sought to keep a balanced budget by selling royal +land and keeping Crown expenditures down. The Crown carried a +slight debt incurred before the Queen's accession. + +After exhausting every other alternative, the Queen agreed on the +execution of Mary, Queen of Scots, for being involved in a plot +to assassinate her and claim the throne of England. + +Francis Drake sailed around the world from 1577 to 1580. Walter +Ralegh made an expedition to North America in 1584 and named +Virginia in honor of the Queen, who was a virgin. Drake and +Ralegh plundered Spanish ships for American gold and silver, +much of which was used to pay for the war with Spain, which +planned to invade England, even after the unsuccessful attempt +by the Spanish Armada in 1588. The two hundred English ships +were built to sink other ships rather than to board and capture +them. The English guns outranged the Spanish guns. So the +smaller English ships had been able to get close enough to the +big Spanish troop-transport galleons to shoot them up without +being fired upon. The direction of the wind forced the Spanish +galleons northward, where most of them were destroyed by storms. +The English seamen had been arbitrarily pressed into this +service. + +- The Law - + +Although estate tails (estates descendible only to the heirs of +the body of the original feofee) by law could not be sold or +given away, this was circumvented by use of a straw man. In +collaboration with the possessor of the property, this straw man +sued the possessor asserting that the property had been +wrongfully taken from the straw man. The possessor pleaded that +the crier of the court who had warranted it should be called to +defend the action. He failed to appear until after judgment had +been given to the straw man. Then the straw man conveyed it to +the possessor or his nominee in fee simple. + +Wearing of velvet or embroidery is restricted to those with an +income over 40,000s. The wearing of satin or silk is restricted +to those with an income over 20,000s. + +No one shall make false linen by stretching it and adding little +pieces of wood, which is so weak that it comes apart after five +washings. + +Timber shall not be felled to make logs for fires for the making +of iron. + +No one may take small fish to feed to dogs and pigs. Only nets +with mesh leaving three inches spaces may be used to catch fish. + + +No attainder shall result in the forfeiture of dower by the +offender's wife nor disinheritance of his heirs. + +The following statute of artificers regulated labor for the next +two centuries: + +No master or mistress may employ a servant for a term less than +one year in the crafts of clothiers, woolen cloth weavers, +tuckers, fullers, clothworkers, sheermen, dyers, hosiers, +tailors, shoemakers, tanners pewterers, bakers, brewers, +glove-makers, cutlers, smith, farriers, curriers, saddlers, +spurriers, turners, cappers, hatmakers, feltmakers, bow-makers, +arrow-makers, arrow-head- makers, butchers, cooks, or millers, so +that agriculture will be advanced and idleness diminished. +Also, every craftsman unmarried or under age 30 who is not +working must accept employment by any person needing the craft +work. Also, any common person between 12 and 60 who is not +working must accept employment in agriculture. And, unmarried +women between 12 and 40 may be required by town officials to +work by the year, the week, or day for wages they determine. + +All artificers and laborers hired by the day or week shall work +from 5 am to 7 PM. All artificers must labor at agriculture at +haytime and harvest to avoid the loss of grain or hay. Every +householder who raises crops may receive as an apprentice a +child between 10 and 18 to serve in agriculture until he is age +21. A householder in a town may receive a child as an apprentice +for 7 years, but merchants may only take as apprentices children +of parents with 40s. freehold. (This was designed to inhibit +migration to the towns.) + +No one may be a craftsman until he has served seven years as an +apprentice. These artificers may have children as apprentices: +smith, wheelmaker, ploughmaker, millmaker, miller, carpenter, +rough mason, plasterer, a timber sawer, an ore burner, a lime +burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate +roofs, layer of wood shingle roofs, layer of straw roofs, cooper, +earthen potter, linen weaver, housewife who weaves wool for sale +or for household use. + +Fish, but no meat, may be eaten on Wednesdays so that there will +be more fishermen and mariners and repair of ports. (This was +done because fishing had declined since the dissolution of the +monasteries. Eating fish instead of meat in Lent in the +springtime remained a tradition.) + +For repairing of highways, the supervisors may take the rubbish +or smallest stones of any quarry along the road in their +precinct. + +Embezzlement or theft by a servant of his master's goods of 40s. +or more is a felony. + +No one shall forge a deed of land, charter, sealed writing, court +roll or will. + +No one shall libel or slander so as to cause a rebellion. + +Cut-purses and pick-purses shall not have benefit of clergy. + +A debtor may not engage in a fraudulent collusion to sell his +land and goods in order to avoid his creditors. + +A person robbing a house of 5s. by day when no one is there shall +not have benefit of clergy, because too many poor persons who +cannot hire a servant to look after their house when they go to +work have been robbed. + +The price of barrels shall be set by mayors of the towns where +they are sold. + +No man under the degree of knight may wear a hat or cap of +velvet. Caps may not be made of felt, but only knit wool. Only +hats may be made of felt. This is to assist the craft of making +wool caps. + +Every person over 6 years of age shall wear a wool knitted cap +made by the cappers on Sundays, except maidens, ladies, +gentlewomen, noble persons, and every lord, knight, and +gentlemen with 2,667s. of land, since the practice of not +wearing caps has damaged the capping industry. This employed +cappers and poor people they had employed and the decrepit and +lame as carders, spinners, knitters, parters, forses, thickers, +dressers, dyers, battelers, shearers, pressers, edgers, liners, +and bandmakers. + +Rugs shall weigh 44 pounds at least and be 35 yards at least in +length and at most 3/4 yard wide. + +The incorporated company of ship masters may erect beacons and +marks on the seashores and hills above, because certain steeples +and other marks used for navigation have fallen down and ships +therefore have been lost in the sea. + +There shall be one sheriff per county, because now there are +enough able men to supply one per county. + +Trials of noblemen for treason shall be by their peers. + +A native or denizen merchant in wholesale or retail goods who +leaves the nation to defraud his creditors shall be declared a +bankrupt. The Chancellor may conduct an investigation to +ascertain his land, house, and goods, no matter who may hold +them. They shall be appraised and sold to satisfy his debts. + +Loan contracts for money lent may not be for more than 200s. for +each 2000s. yearly. All loans of money or forbearing of money in +sales of goods for less than this shall be punishable by forfeit +of the interest only. + + No cattle may be put in any enclosed woods that have been +growing less than five years. At the end of five years growth, +calves may be put in. At the end of six years growth, cattle may +be put in. + +The mother and reputed father of any bastard who has been left to +be kept at the parish where born must pay weekly for the upkeep +and relief of such child, so that the true aged and disabled of +the parish get their relief and to punish the lewd life. + +No master at a university may lease any land unless 1/3 of it is +retained for crop-raising to supply the colleges and halls for +food for their scholars. + +Persons with 100s. in goods or 40s. in lands shall find two able +men in their parish community to repair the highways yearly. + +Landowners of Oxford shall be taxed for the repair of the highway +and bridge there. + +Woods around London shall not be felled to be converted to coals +for iron-works because London needs the wood to make buildings +and for fire-places. + +Every melter and maker of wax from honeycombs shall put his mark +on every piece of his wax to be sold. Wrought wax such as in +lights, staff-torches, red wax or sealing wax, book candles, or +searing candles shall bear its maker's mark. All barrels of +honey shall bear the mark of the honeymaker. + +Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and +caps shall be dyed black only with dye from the woad plant and +not with any false black dye. + +No one shall take or kill any pheasants with nets or devices at +nighttime because such have become scarce. + +Lands, tenements, goods and chattels of accountants teller, or +receiver who are in debt may be obtained by court order to +satisfy the debt by garnishing the heir of the debtor after the +heir has reached 21 and for the 8 years next ensuing. + +Fraudulent and secret conveyances made to retain the use of one's +land when one sells the land to a bona fide purchaser for value +in fee simple, fee tail, for life, for lives, or for years are +void. + +No new iron mills or furnaces for making or working of any iron +or iron metal shall be established in the country around London +and the owners of carriages of coals, mines and iron which have +impaired or destroyed the highways shall also carry coal ashes, +gravel, or stone to repair these highways or else make a payment +of 2s.6d. for each cart load not carried. + +No one shall bribe an elector to vote for a certain person for +fellow, scholar, or officer of a college, school, or hall or +hospital so that the fittest persons will be elected, though +lacking in money or friends, and learning will therefore be +advanced. + +Cottage and dwelling houses for workmen or laborers in mineral +works, coal mines, or quarries of stone or slate for the making +of brick, tile, lime, or coals shall be built only within a mile +from such works. Dwelling houses beyond this must be supported +by four acres of land to be continually occupied and manured as +long as the dwelling house is inhabited or forfeit 40s. per month +to the Queen. Cottages and dwelling houses for sailors or +laborers working on ships for the sea shall be built only within +a mile of the sea. A cottage may be built in a forest or park +for a game-keeper of the deer. A cottage may be built for a +herd-man or shepherd for the keeping of cattle or sheep of the +town. A cottage may be built for a poor, lame, sick, aged, or +disabled person on waste or common land. More families than one +may not be placed in one cottage or dwelling house. + +A vagabond or mighty strong beggar [able to work] shall be +whipped. + +Any person with land in fee-simple may establish a hospital, +abiding place, or house of correction to have continuance +forever as a corporation for the sustenance and relief of the +maimed, poor, or disabled people as to set the poor to work. The +net income shall not exceed 40,000s. yearly. + +Troops of vagabonds with weapons in the highways who pretend to +be soldiers or mariners have committed robberies and murders. So +all vagabonds shall settle down in some service or labor or +trade. + +Pontage [toll for upkeep and repair of bridges] shall be taken at +certain bridges: carts 2d., horse and pack 1d., a flock of sheep +2d. + +Crown officials such as treasurers, receivers, accountants, and +revenue collectors shall not embezzle Crown funds and shall be +personally liable for arrears. + +Churchwardens of every parish shall oversee the poor in their +parish. They shall, with consent of the Justices of the Peace, +set to work children whose parents cannot maintain them and also +set to work married or unmarried persons who have no trade and +no means to maintain themselves. Churchwardens shall tax every +inhabitant, including parson and vicar and every occupier of land +and houses as they shall think fit. There will be a convenient +stock of flax, hemp, wool, thread, iron and other necessary ware +and stuff to set the poor on work. There will be competent sums +of money for the relief of the lame, impotent, old, blind, and +others not able to work, and also for the putting out of children +to be apprentices. Child apprentices may be bound until 21 years +of age or until time of marriage. They shall account to the +Justices of the Peace for all money received and paid. The +penalty for absence or neglect is 20s. If any parish cannot +raise sufficient funds, the Justices of the Peace may tax other +nearby parishes to pay, and then the hundred, and then the +county. Grandparents, parents, and children of every poor, old, +blind, lame, or impotent person not able to work, being of +sufficient ability, shall at their own charge, relieve and +maintain every such poor person in that manner and according to +that rate as Justices of the Peace of that county determine, or +forfeit 20s. per month. Two Justices of the Peace may commit to +jail or house of correction persons refusing to work and +disobedient churchwardens and overseers. The overseers may, with +the consent of the lord of the manor, build houses on common or +waste land for the poor at the expense of the parish, in which +they may place more than one family in each houses. + +Every parish shall pay weekly 2-10d. toward the relief of sick, +hurt, and maimed soldiers and mariners. Counties with more than +fifty parishes need pay only 2- 6d. The county treasurer shall +keep registers and accounts. Soldiers begging shall lose their +pension and shall be adjudged a common rogue or vagabond subject +to imprisonment and punishment. + +Defendants may not petition to remove a case to the Westminster +courts after a jury is selected because such has resulted in +unnecessary expense to plaintiffs and delay for defendants in +which they suborn perjury by obtaining witnesses to perjure +themselves. + +Sheriffs summoning defendants without a writ shall pay 200s. and +damages to the defendant, and 400s. to the King. + +Persons stealing crops from lands or fruit from trees shall be +whipped. + +Since administrators of goods of people dying intestate who fail +to pay the creditors of the deceased often can't pay the debts +from their own money, the people (who are not creditors) +receiving the goods shall pay the creditors. + +Persons forcibly taking others across county lines to hold them +for ransom and those taking or giving blackmail money and those +who burn barns or stacks of grain shall be declared felons and +shall suffer death, without any benefit of clergy or sanctuary. + +A proclamation in 1601 reformed the hated monopolies. + +No bishop may lease land for more than twenty-one years in or +three lives. + +No bishop may alienate any possession of their sees to the crown. +Such are void. + +Stewards of leet and baron courts may no longer receive, in their +own names, profits of the court over 12d. since they have vexed +subjects with grievous fines and amercements so that profits of +justice have grown much. + +Incorrigible and dangerous rogues shall be branded with an "R" +mark on the left shoulder and be put to labor, because +banishment did not work as they came back undetected. If one is +caught again begging, he shall be deemed a felon. + +Benefit of clergy may not be had for stabbing a person who has no +weapon drawn, if he dies within six months. + +Any innkeeper, victualler, or alehouse keeper who allows drinking +by persons other than those invited by a traveler who +accompanies him during his necessary abode there and other than +laborers and handicraftsmen in towns upon the usual working days +for one hour at dinner time to take their diet in an alehouse and +other than laborers and workmen following their work to any given +town to sojourn, lodge, or victual in any inn, alehouse or +victuallinge house shall forfeit 10s. for each offense. This is +because the use of inns, alehouses, and victuallinge houses was +intended for relief and lodgings of travelling people and people +not able to provide their own victuals, but not for entertainment +and harboring of lewd and idle people who become drunk. + +If a person marries a second time while the first spouse is still +living, it shall be a felony and thus punishable by death. + +Watermen transporting people on the Thames River shall have +served as apprentice to a waterman for five years or have been +the son of a waterman. This is to prevent the loss of lives and +goods by inexperienced watermen. + +No one may make any hat unless he has served as apprentice for at +least seven years. This is to prevent false and deceitful +hat-making by unskillful persons. + +Spices and drugs, including pepper, cloves, mace, nutmeg, +cinnamon, ginger, almonds, and dates, which have usually been +garbled shall be garbled, cleaned, sorted, and sealed by the +Garbler before sale. This is to prevent mingled, corrupt, and +unclean spices and drugs from being sold. + +Plasterers shall cease painting because it has intruded upon the +livelihoods of painters who have been apprenticed as such. + +Pawn brokers accepting stolen goods shall forfeit twice their +value to the owner from whom stolen. + +No butcher may cut any hide or any ox, bull, steer, or cow so +that it is impaired or may kill any calf under five weeks old. +No butcher may be a tanner. No one may be a tanner unless +apprenticed as such for seven years or the son or wife of a +tanner who has tanned for four years or a son or daughter of a +tanner who inherits his tanhouse. Tanners may not be shoemakers, +curriers, butchers, or leatherworkers. Only tanners may buy raw +hides. Only leatherworkers may buy leather. Only sufficiently +strong and substantial leather may be used for sole- leather. +Curriers may not be tanners. Curriers may not refuse to curry +leather. London searchers shall inspect leather, seal and mark +that which is sufficient, and seize any that is insufficiently +tanned, curried, wrought, or used. + +Fishermen and their guides may continue to use the coastland for +their fishing activities despite the trespass to landowners. + +Since sails for ships in recent years have been made in the realm +instead of imported, none shall make such cloth unless he has +been apprenticed in such or brought up in the trade for seven +years. This is to stop the badness of such cloth. + +Any person killing any pheasant, partridge, dove, pigeon, duck or +the like with any gun, crossbow, stonebow, or longbow, or with +dogs and nets or snares, or taking the eggs of such from their +nests, or tracing or taking hares in the snow shall be +imprisoned for three months unless he pays 20s. per head or, +after one month's imprisonment, have two sureties bound for +400s. This is because the past penalty of payment hasn't +deterred offenders, who frequently cannot pay. + +Persons affected by the plague may not leave their houses or be +deemed felons and suffer death. This is to avoid further +infection. The towns may tax their inhabitants for the relief of +infected persons. + +Tonnage [tax per ton] and poundage [tax per pound] on goods +exported and imported shall be taken to provide safeguard of the +seas for such goods. + + + +Judicial Procedure + +Jurors shall be selected from those people who have at least 80s. +annual income instead of 40s. because sheriffs have been taking +bribes by the most able and sufficient freeholders to be spared +at home and the poorer and simpler people, who are least able to +discern the causes in question, and most unable to bear the +charges of appearance and attendance in such cases have been the +jurors. + +Defendants sued or informed against upon penal statutes may +appear by attorney so that they may avoid the inconvenience of +traveling a long distance to attend and put to bail. + +No only sheriffs, but their employees who impanel juries or +execute process in the courts shall take an oath of office. + +A hundred shall answer for any robbery therein only if there has +been negligence or fault in pursuit of the robber after a hue +and cry is made because the past law has been too harsh and +required payment for offenses from people unable to pay who have +done everything reasonable to catch the robber. + +The Star Chamber became the central criminal court after 1560, +and punished perjury, corruption, malfeasance throughout the +legal system such as jury corruption and judicial bribery, +rioting, slander, and libel. Punishments were imprisonment, +fines, the pillory, ear-cropping, whipping, but not death. This +court interrogated the accused, with torture is necessary, and +heard witnesses in camera [not in the presence of the accused]. + +The court of High Commission took over criminal cases formerly +heard by the church courts. + +Suits on titles to land were restricted to the common law courts +and no longer to be heard in the Star Chamber, Chancery Court, +or in the Court of Requests (equity for poor people). + +The Queen's Privy Council frequently issued orders to Justices of +the Peace, for instance to investigate riots and crimes, to +enforce the statutes against vagrancy and illegal games, to +regulate alehouses, to ensure that butchers, innkeepers, and +victuallers did not sell meat on fish days, and to gather +information needed from the counties. + +The Judges of Assize rode on circuit twice a year to enforce the +criminal law and reported their assessment of the work of the +Justices of the Peace back to the Privy Council. Accused people +could wait for years in jail before their case was heard. + +The Privy Council investigated sedition and treason, security of +the regime, major economic offenses, international problems, +civil commotion, officials abusing their positions, and persons +perverting the course of justice. The formal trials of these +offenses would be held elsewhere. + +The duty to hear and determine felonies was taken from Justices +of the Peace by 1590. The Judges of Assize did this work. +Felonies included breach of prison, hunting by night with +painted faces, taking horses to Scotland, stealing of hawks' +eggs, stealing cattle, highway robbery, robbing on the sea, +robbing houses, letting out of ponds, cutting of purses, +deer-stealing at night, conjuring and witchcraft, diminution of +coin, counterfeiting of coins, and impenitent roguery and +idleness. The penalty was beheading. + +The Justices of the Peace decided misdemeanors such as abduction +of heiresses, illegal entry, petty thievery, damage to crops, +fence-breaking, brawling, personal feuds, drunken pranks, +swearing, profanation of the Sabbath, alehouse nuisances, +drunkenness, perjury, and malfeasance by officials. They held +petty and quarter sessions. Many people were hanged for the +felony of theft over 12d. Some bold men accused of felony +refused to plead so that they could not be tried and found +guilty. They died of heavy weights being placed on their bodies. +But then their property could go to their heirs. + +The Justices of the Peace had administrative duties in control of +vagrancy, upkeep of roads and bridges, and arbitration of +lawsuits referred to them by courts. They listed the poor in +each parish community, assessed rates for their maintenance, and +appointed overseers to administer the welfare system, deploying +surplus funds to provide houses of correction for vagrants. Raw +materials such as wool, flax, hemp, and iron were bought upon +which the able-bodied unemployed could be set to work at the +parochial level. They determined wages in their districts, with +no statutory ceiling on them, for all laborers, weavers, +spinsters, workmen and workwomen working by the day, week, +month, or year, or taking any work at any person's hand,. There +were about 50 Justices of the Peace per county. All were unpaid. +They performed these duties for the next 200 years. + +The Court of Queen's Bench and Exchequer indirectly expanded +their jurisdiction to include suits between citizens, formerly +heard only the Court of Common Pleas or Chancery. Chancery +interrogated defendants. Chancery often issued injunctions +against suits in the common law courts. Trial by battle was very +rare. + +Pleadings had to be in writing and oral testimony was given by +sworn witnesses. Case decisions are in books compiled by various +reporters who sit in on court hearings rather than in year +books. + +In the common law courts, the action of assumpsit for enforcing +certain promises is used more than the action of debt in those +cases where there is a debt based on an agreement. The essential +nature of "consideration" in contract is evolving from the +procedural requirements for the action of assumpsit. +Consideration may consist in mutual promises, a precedent debt, +or a detriment incurred by one who has simultaneously received a +promise related to the detrimental action. Consideration must be +something, an act, or forbearance of an act that is of value. +For instance, forbearance to sue a worthless claim is not +consideration. + +The abstract concept of contract as an agreement between two +parties which is supported by consideration is developing as the +number of various agreements that are court enforceable expands. +For instance the word "consideration" is used in Hayward's Case +in 1595 in the Court of Wards on the construction of a deed. Sir +Rowland Hayward was seised in fee of the Doddington manor and +other lands and tenements, whereof part was in demesne, part in +lease for years with rents reserved, and part in copyhold, by +indenture, "in consideration of a certain sum of money" paid to +him by Richard Warren and others, to whom he demised, granted, +bargained and sold the said manor, lands and tenements, and the +reversions and remainders of them, with all the rents reserved +upon any demise, to have and to hold to them and their assigns, +presently after the decease of Sir Rowland, for the term of 17 +years. It was held that the grantees could elect to take by +bargain and sale or by demise, each of which had different +consequences. + +In another case, A delivered 400s. to B to the use of C, a woman, +to be delivered to her on the day of her marriage. Before this +day, A countermanded it, and called home the money. It was held +in the Chancery Court that C could not recover because "there is +no consideration why she should have it". + +In a case concerning a deed, A sold land to B for 400s., with +confidence, that it would be to the use of A. This bargain "hath +a consideration in itself ... and such a consideration is an +indenture of bargain and sale". It was held that the transaction +was not examinable except for fraud and that A was therefore +estopped. + +A court reporter at the King's Bench formulated two principles on +consideration of the case of Wilkes against Leuson as: "The heir +is estopped from falsifying the consideration acknowledged in +the deed of feoffment of his ancestor. Where a tenant in capite +made a feoffment without consideration, but falsely alleged one +in the deed on an office finding his dying seised, the master of +the wards cannot remove the feoffees on examining into the +consideration, and retain the land until &c. and though the heir +tended, still if he do not prosecute his livery, the Queen must +admit the feoffees to their traverse, and to have the farm, &c." +The court reporter summarized this case as follows: Wilkes, who +was merchant of the staple, who died in February last past, made +a feoffment in the August before his death to one Leuson, a +knight, and his brother, and another, of the manor of Hodnel in +the county of Warwick; and the deed,(seen) for seven thousand +pounds [140,000s.] to him paid by the feoffees, of which sum he +made acquittance in the same deed (although in fact and in truth +not a half-penny was paid), gave, granted, and confirmed &c +"habendum eir et hoeredibus suis in perpetuum, ad proprium opus +et usum ipsorum A. B. et C. in perpetuum," and not "hoeredum +suorum," together with a clause of warranty to them, their heirs +and assigns, in forma proedicta: and notwithstanding this +feoffment he occupied the land with sheep, and took other +profits during his life; and afterwards his death was found on a +diem clausit extremum by office, that he died seised of the said +manor in fee, and one I. Wilkes his brother of full age found his +next heir, and a tenure in capite found, and now within the +three months the said feoffees sued in the court of wards to be +admitted to their traverse, and also to have the amnor in farm +until &c. And although the said I. Wilkes the brother had +tendered a livery, yet he had not hitherto prosecuted it, but for +cause had discontinued. And whether now the master of the +wards at his discretion could remove the feoffees by injunction +out of possession upon examination of the said consideration of +the said feoffment which was false, and none such in truth, and +retain it in the hands of the Queen donec et quousque &c. was a +great question. And by the opinion of the learned counsel of +that court he cannot do it, but the Queen is bound in justice to +give livery to him who is found heir by the office, or if he +will not proceed with that, to grant to the tenderers the +traverse, and to have the farm, &c. the request above mentioned. +And this by the statutes ... And note, that no averment can be +allowed to the heir, that the said consideration was false +against the deed and acknowledgment of his ancestor, for that +would be to admit an inconvenience. And note the limitation of +the use above, for divers doubted whether the feoffees shall +have a fee-simple in the sue, because the use is not expressed, +except only "to themselves (by their names) for ever;" but if +those words had been wanting, it would have been clear enough +that the consideration of seven thousand pounds had been +sufficient, &c. for the law intends a sufficient consideration +by reason of the said sum; but when the use is expressed +otherwise by the party himself, it is otherwise. And also the +warranty in the deed was "to them, their heirs, and assigns, in +form aforesaid," which is a declaration of the intent of Wilkes, +that the feoffees shall not have the use in fee simple; and it +may be that the use, during their three lives, is worth seven +thousand pounds, and more &c. And suppose that the feoffment had +been "to have to them and their heirs to the proper use and +behoof of them the feoffees for the term of their lives for +ever for seven thousand pounds," would they have any other +estate than for the term of their lives in the use? I believe +not; and so in the other case. + +A last example of a case concerning consideration is that of +Assaby and Others against Lady Anne Manners and Others. The +court reporter characterized the principle of the case as: "A. +in consideration of his daughter's marriage covenants to stand +seised to his own use for life, and that at his death she and +her husband shall have the land in tail, and that all persons +should stand seised to those uses, and also for further +assurance. After the marriage he bargains and sell with fine and +recovery to one with full notice of the covenants and use; this +is of no avail, but on the death of A. the daughter and her +husband may enter." The court reporter summarized this case as +follows: A. was seised of land in fee, and in consideration of a +marriage to be had between his daughter and heir apparent, and +B. son and heir apparent of C. he covenanted and agreed by +indenture with C. that he himself would have, hold, and retain +the land to himself, and the profits of during his life, and +that after his decease the said son and daughter should have the +land to them and to the heirs of their two bodies lawfully +begotten, and that all persons then or afterwards seised of the +land should stand and be seised immediately after the marriage +solemnized to the use of the said A. for the term of his life, +and after his death to the use of the said son and daughter in +tail as above, and covenanted further to make an assurance of +the land before a certain day accordingly &c. and then the +marriage took effect; and afterwards A. bargained and sold the +land for two hundred marks [2,667s.](of which not a penny is +paid) to a stranger, who had notice of the first agreements, +covenants, and use, and enfeoffed divers persons to this last +use, against whom a common recovery was had to his last use; and +also A. levied a fine to the recoverers before any execution +had, and notwithstanding all these things A. continued +possession in taking the profits during his life; and afterwards +died; and the son and daughter entered, and made a feoffment to +their first use. And all this matter was found in assize by +Assaby and others against Lady Anne Manners and others. And +judgment was given that the entry and feoffment were good and +lawful, and the use changed by the first indenture and agreement. +Yet error was alleged. The judgment in the assize is +affirmed. + +The famous Shelley's Case stands for the principle that where in +any instrument an estate for life is given to the ancestor, and +afterwards by the same instrument, the inheritance is limited +whether mediately, or immediately, to his heirs, or heirs of his +body, as a class to take in succession as heirs to him, the word +"heirs" is a word of limitation, and the ancestor takes the whole +estate. For example, where property goes to A for life and the +remainder goes to A's heirs, A's life estate and the remainder +merge into a fee in A. + +Edward Shelley was a tenant in tail general. He had two sons. The +older son predeceased his father, leaving a daughter and his +wife pregnant with a son. Edward had a common recovery (the +premises being in lease for years) to the use of himself for +term of his life, after his decease to the use of the male heirs +of his body, and of the male heirs of the body of such heirs, +remainder over. After judgment and the awarding of the writ of +seisin, but before its execution, Edward died. After his death, +and before the birth of his older son's son, the writ of seisin +was executed. The younger son entered the land and leased it to a +third party. Afterwards, the son of the older son was born. He +entered the land and ejected the third party. It was held that +the younger son had taken quasi by descent until the birth of +the older son's son. The entry by the older son's son was +lawful. The third party was lawfully ejected. (Shelley's Case, +King's Bench, 1581, English Reports - Full Reprint, Vol. 76, +Page 206.) + + + + + +Chapter 14: Epilogue + +William Brewster and William Bradford and other puritans and +pilgrims sailed on ships such as the Mayflower to found a colony +in North America in 1607. England developed a commonwealth of +countries around the world, including Canada, Australia, New +Zealand, and India. + +In the time period after 1600, there developed free trade, +democracy, political parties, secret ballots, policemen, Francis +Bacon's advocating of induction in science, Periodic Chart of +chemical elements, calculus and differential equations, college +degrees in biology, chemistry, and physics, Isaac Newton's +theory of gravity, Albert Einstein's theory of relativity, the +experimental method, computers, decoding of the DNA sequence, +Charles Darwin's evolution, Louis Pasteur's germ theory of +disease, Galileo's telescope, Hubble telescope, Big Bang Theory, +antibiotics to cure and surgery to replace body parts, quantum +theory, cold water in pipes to homes, central heating, apartment +high rises, business skyscrapers, electricity, electric lights, +electric sewing machines, industrial revolution factories, labor +strikes, cars, tractors, ice boxes and refrigerators, +telephones, central heating with radiators, heated water in taps, +hot water heaters by gas, gas ovens, humidifiers, upholstered +couches and chairs, canned food, zippers, velcro, trains, ships +by steam and then motors, wall-to-wall carpeting, microscope, +microwave ovens, umbrellas, contraceptive pill, popular +elections, airplanes, photography, record players, potatoes, +corn, chocolate, frozen food, radio, television, plastics, ready +to wear clothes, political parties, submarines, statistics, +economics, multinational corporations, weather forecasting, +braille, airplanes, space ship to moon, banks, annuities, +factory assembly lines, washing machines, dishwashers, sewing +machine, microwave ovens, copier machines, DNA evidence, daily +newspapers, nuclear bomb and nuclear energy, guided missiles, +stock market, quartz watches, museums, bicycles, popular +election, frozen sperm for artificial insemination, investment +advice, retirement planning, pensions, amusement parks, catelogue +buying, labor contracts, dictionaries, childrens' summer camps, +stocks and bonds, teenage culture, concrete, synthetic +materials, typewriters, cardboard boxes, advertising, invitro +fertilization, factory assembly line, gene-mapping, animal +cloning, internet, hiking and camping trips, world travel +vacations, telegraph, word processing, gas, oil, couches, +research, television, radio, credit cards, toothbrushes, dental +floss, buses, subways, chinaware, telephones, camcorders, mass +production, nursing homes, cameras, copy machines, wheelchairs, +hospital operations, artificial limbs, organ transplants, +pharmacies, public libraries, children's playgrounds, cosmetic +surgery, wrist watches, physical exercising equipment, vitamin +pills, sports clubs, condominiums, anesthetics, physical exams, +microscopes, observatories, radar, sonar, opera, nutrition, +psychiatry, supermarkets, disability and life insurance, +magazines, daily newspapers, liability insurance, chemical +fertilizers, DDT, trash pick-up, electronic mail, record +players, video tape recorders, retirement homes, movies;, +planned obsolence, boxspring mattresses, brain scans, xrays, +innoculations, vaccines, penicillin, organized professional +sports, dry cleaners, railroads, foreign embassies, +veterinarians, drug abuse, wage garnishment, fire engines, +tractors, lawnmowers, breeding zoos, museums, world wars, +nuclear deterrence, fingerprinting, forensic evidence, toxic +waste, acid rain, archeology, zippers, + +In this time period the development of law includes abolition of +feudal wardships, married women's property act, mandamus, +statute of frauds, rule against perpetuities, mandatory +secondary education, the tort of negligence, the concept of duty +of due care, kidnapping, false impersonation, liens, obscenity, +partnership, pensions, trademarks and unfair competition, +privacy, freedom of thought, freedom of speech, freedom of the +press, copyrights and patents, bankruptcy, civil rights, union +organizing laws, laws on discrimination due to race, sex, ethnic +or national origin, disability, age, and sexual preference, +sexual harassment and staulking laws, product liability, +international law, no- fault divorce, best interest of child in +custody disputes, child labor laws, environmental laws +protecting air and water quality, workers compensation, +unemployment compensation, controlled substances, intellectual +property law, Coke's treatise on law, and Blackstone's treatise +on law. + +Judicial procedure includes grand juries, which hear evidence, +court transcript by court stenographers, discovery, and +depositions. + +*** + + + + + + +Appendix + +Sovereigns of England + +Name Accession + +Egbert 802 +AEthelwulf 839 +AEthelbald 858 +AEthelbert 860 +AEthelred 865 +Alfred the Great 871 +Edward the Elder 899 +AEthelstan 924 +Edmund 939 +Eadred 946 +Eadwig 955 +Edgar 959 +Edward the Martyr 975 +AEthelred the Unready 978 +Edmund Ironside 1016 +Canute 1016 +Harold I Harefoot 1035 +Hardicanute 1040 +Edward the Confessor 1042 +Harold II 1066 +William I of Normandy 1066 +William II 1087 +Henry I (and Matilda) 1100 +Stephen 1135 +Henry II (and Eleanor) 1154 +Richard I 1189 +John 1199 +Henry III 1216 +Edward I (and Eleanor) 1272 +Edward II 1307 +Edward III 1327 +Richard II 1377 +Henry IV 1399 +Henry V 1413 +Henry VI 1422 +Edward IV 1461 +Edward V 1483 +Richard III 1483 +Henry VII (and Elizabeth) 1485 +Henry VIII 1509 +Mary 1553 +Elizabeth I 1558 +James I 1603 + + + + +Bibliography + +1. Ancient Laws and Institutes of England, Printed by command + of his late majesty King William IV under the direction of the + Commissioners of the Public Records of the Kingdom, Vol 1; 1840. +2. The Laws of the Kings of England from Edmund to Henry I, + A.J. Robertson, 1925. +3. The Statutes of the Realm +4. Statutes at Large +5. A Treatise of the Lawes of the Forest, John Manwood, 1615 +6. History of English Law; William Holdsworth +7. History of English Law, Pollack and Maitland +8. Anglo-Saxon Charters, A. J. Robertson, 1939 +9. Franchises of the City of London, George Norton, 1829 +10. Borough Customs Vol. 1, Selden Society +11. Royal Writs in England from the Conquest to Glanvill, Selden Society +12. Lawsuits in time of Wm I, Selden Society +13. Treatise on the laws and customs of the realm of England, + Ranulph D. Glanvill, 1189 +14. Calendar of Wills, Court of Husting, London; Ed. Reginald R. Sharpe +15. Calendar of Early Mayor's Court Rolls of the City of London, AD 1298-1307, + Ed. A. H. Thomas +16. Legislation of Edward I, T.F.T. Plunkett, 1949 +17. English Historical Documents, Ed. David Douglas +18. Bracton on the Laws and Customs of England, Henry of Bratton, 1257 +19. Chaucer's World, Edith Richert, 1948 +20. John, King of England, John T. Appleby, 1958 +21. A Collection of Eighteen Rare and Curious Historical Tracts + and Pamphletts, Edinburgh, Priv. Print. +22. Doctor and Student, Christopher St. Germain, 1518 +23. Readings in Western Civilization, George Kuoles, 1954 +24. Social England, Ed.: H.D. Traill, St. John's College, Oxford; + Vol. 1 and 2, 1894. +25. Augustine of Canterbury, Margaret Deanesly +26. The Venerable Bede, Ecclesiastical History of the English Nation + (Bede was a monk who lived from 673-735) +27. Political History of England; T. Hodgkin +28. Alfred the Great, Helm +29. Domesday, A Search for the Roots of England, M. Wood +30. The English Church 1000-1066; F. Barlow +31. Life on the English Manor; H.S. Bennet; 1967 +32. The English Medieval Town; Colin Platt; 1976 +33. Pelican History of England +34. The Gild Merchant, Gross +35. Life and times of Roger Bacon +36. Oxford Book of Oxford, Morris +37. A History of Oxford Univeristy, Green +38. Lives of the Lord Chancellors, Campbell, 1880 +39. Tudor England, John Guy, 1988 +40. A History of Technology, Charles Singer +41. Edward I, Michael Prestwich, 1988 +42. Franchises of the City of London, George Norton, 1829 +43. The Works of Alfred +44. Salisbury Plain, R. Whitlock, 1955 +45. William the Conqueror, F.M. Stenton +46. Life of William the Conqueror, T. Roscoe, 1846 +47. Elizabeth I, Anne Somerset, 1992 +48. Queen Elizabeth, Katherine Anthony, 1929 +49. Industry in England, H.deB. Gibbons, 1897 +50. Henry II, W. L. Warren, 1973 +51. Edward I, L.F. Salzman, 1968 +52. The Yorkist Age, Paul Kendall, 1962 +53. Edward the Confessor, Frank Barlow +54. The Livery Companies of the City of London, W. Carew Hazlitt, 1892 +55. The Parliamentary Representation of the City of Coventry, + Thomas Walker Whitley, 1894 +56. The Government of England under Henry I, Judith Green, 1986 +57. Lives of the Queens of England, Agnes Strickland, 1878 +58. The Oldest Version of the Customs of Newcastle, C. Johnson, 1925 +59. Charter of Henry II to the Burgesses of Newcastle, + A. M. Oliver, 1175 +60. The Charters and Letters Patent Granted by the Kings and + Queens of England to Bristol, Samuel Seyer, 1812 +61. London Weavers' Company, Francis Consitt, 1933 +62. Chronicles and Memorials of Great Britain and Ireland During + the Middle Ages: Letters and Papers of Richard III and Henry VII +63. Gilds and Companies of London, George Unwin, 1966 +64. The Scholastic Curriculum of Early Seventeenth-Century Cambridge, + William Costello, 1958. +65. Open Fields, Charles Orwin, 1938 +66. Reign of Henry VII, R. Storey, 1968 +67. Sons of the Conqueror, G. Slocombe, 1960 +68. The Anglo-Norman Nobility in the Reign of Henry I: + The Second Generation, Charlotte Newman, 1988 +69. The Birth of Britain Vol. 1, Winston S. Churchill, 1956 +70. From Alfred to Henry III, 871-1272, Christopher Brooks, 1961 +71. History of the English People, John R. Green, 1916. +72. A Social and Industrial History of England, F.W. Tickner, 1929 +73. The English, Norman F. Cantor, 1967 +74. Elizabethan Life in Town and Country, M. St. Claire Byrne, 1925 +75. The Elizabethan World, Edited by Norman Kotner, 1967 +76. The Spirit of the Classical Canon Law, Richard Helmholz, 1996 +77. A History of Everyday Things in England, Marjorie and CHB Quennell, 1919 +78. The Evolution of Modern Medicine, William Osler, 1921 +79. The Life of the Law, Alfred Knight, 1996 +80. Shakespeare's England, Oxford University Press, 1916 + + + + + +End of The Project Gutenberg Etext Our Legal Heritage, by S. A. 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Delaware Place +Chicago, Illinois 60611-1724 + + + + + +1998 + + + + +Preface + +This was written to see what laws have been in existence for a +long time and therefore have proven their success in maintaining +a stable society. It's purpose is also to see the historical +context in which our legal doctrines were derived. It looks at +the inception of the common law system, the origin of the jury +system, the meaning in context of the Magna Carta provisions, the +emergence of attorneys, and the formation of probate law from +church origins. + +This book is a primer. One may read it without prior knowledge in +history or law, although it will be more meaningful to lawyers +than to non-lawyers. Since it defines terms unique to English +legal history, it may serve as a good introduction on which to +base further reading in English legal history. The meaning of +some terms in King Aethelbert's code in Chapter 1 are unknown or +inexact. + +The chapters are sequential. The title of each chapter in the +Table of Contents includes the time period covered. The title of +each chapter denotes an important legal development of that time +period. + +Each chapter is divided into three sections: The Times, The Law, +and Judicial Procedure. The law section is the central section. +It describes the law governing the behavior and conduct of the +populace. It includes law of that time by which people lived +which is the same, similar, or a building block to the law of +today. In earlier times this is both statutory law and the common +law of the court. The Magna Carta, which is quoted in Chapter 7, +is the first statute of the Statutes at Large. The law sections +of Chapter 7 - 13 mainly quote or paraphrase most of these +statutes or the Statutes of the Realm. Excluded are statutes +which do not help us understand the development of our law, such +as statutes governing Wales after its conquest and statutes on +succession rights to the throne. + +The first section of each chapter: The Times, sets a background +and context in which to better understand the laws. The usual +subject matter of history such as battles, famines, periods of +corruption, and international relations are omitted as not +helping to understand the process of civilization and development +of the law in the nation of England. + +The last section of each chapter: Judicial Procedure, describes +the process of applying the law and trying cases for the relevant +time period. It also contains some examples of cases. + +For clarity and easy comparison, amounts of money expressed in +pounds or marks have been converted to the smaller denominations +of shillings and pence. There are twenty shillings in a pound. A +mark is two thirds of a pound. + +The sources and reference books from which information was +obtained are listed in the bibliography instead of being +contained in tedious footnotes. + + + +Dedication + +A Vassar College faculty member once dedicated her book to her +students, but for whom it would have been written much earlier. +This book "Our Legal Heritage" is dedicated to the faculty of +Vassar College, without whom it would never have been written. + + + + +Table of Contents + +Chapters: + +1. Tort law as the first written law: to 600 + +2. Oaths and perjury: 600-900 + +3. Marriage law: 900-1066 + +4. Martial "law": 1066-1100 + +5. Criminal law and prosecution: 1100-1154 + +6. Common Law for all freemen: 1154-1215 + +7. Magna Carta: the first statute: 1215-1272 + +8. Land law: 1272-1348 + +9. Legislating the economy: 1348-1399 + +10. Equity from Chancery Court: 1400-1485 + +11. Use-trust of land: 1485-1509 + +12. Wills and testaments of lands and goods: 1509-1558. + +13. Consideration and contract Law: 1558-1600 + +14. Epilogue: from 1600 + +Appendix: Sovereigns of England + +Bibliography + + + + +Chapter 1 + + +- The Times: before 600 - + +Clans, headed by Kings, lived in huts on top of hills or other +high places and fortified by circular or rectangular earth banks +behind which they could gather with their herds for protection. +They lived in circular huts with wood posts in a circle +supporting a roof. The walls were of wood and/or mud and straw. +Sometimes there were stalls for cattle. Cooking was in a clay +oven inside or over an open fire on the outside. Forests abounded +with wolves, bears, wild boars, and wild cattle. + +People wore animal skins over their bodies for warmth and around +their feet for protection when walking. They carried small items +by hooking them onto their belts. + +Pathways extended through this camp of huts and for many miles +beyond. They were used for trade and transport with pack-horses. + +Men bought or captured women for wives and carried them over the +thresholds of their huts. The first month of marriage was called +the honeymoon because the couple was given mead, an alcoholic +drink made from honey, for the first month of their marriage. A +wife wore a gold wedding band on the ring finger of her left hand +to show that she was married. Women wore other jewelry too, which +indicated their social rank. + +Women usually stayed at home caring for children, preparing +meals, and making baskets. They also made wool felt and wove wool +into cloth. Flax was grown and woven into linen cloth. The +weaving was done on an upright or warp-weighted loom. People +draped the cloth around their bodies and fastened it with a metal +brooch inlayed with gold, gems, glass, and shell, which were +glued on with glue that was obtained from melting animal hooves. +They also had amber beads and pendants. They could tie things +with rawhide strips or rope braids they made. + +The King, who was tall and strong, led his men in hunting groups +to kill deer and other wild animals in the forests and to fish in +the streams. Some men brought their hunting dogs on leashes to +follow scent trails to the animal. The men attacked the animals +with spears and threw stones. They used shields to protect their +bodies. They watched the phases of the moon and learned to +predict when it would be full and give the most light for night +hunting. This began the concept of a month. + +If hunting groups from two clans tried to follow the same deer, +there might be a fight between the clans or a blood feud. After +the battle, the clan would bring back its dead and wounded. A +priest officiated over a funeral for a dead man. His wife would +often also go on the funeral pyre with him. Memorial burial +mounds would be erected over the corpses or cremated ashes of +their great men. Later, these ashes were first placed in urns +before burial in a mound of earth or the corpses were buried with +a few personal items. + +The priest also officiated over sacrifices of humans, who were +usually offenders found guilty of transgressions. Sacrifices were +usually made in time of war or pestilence, and usually before the +winter made food scarce, at Halloween time. + +The clan ate deer that had been cooked on a spit over a fire, and +fruits and vegetables which had been gathered by the women. They +drank water from springs. In the spring, food was plentiful. +There were eggs of different colors in nests and many rabbits to +eat. The goddess Easter was celebrated at this time. + +After this hunting and gathering era, there was farming and +domestication of animals such as horses, pigs, sheep, goats, +chicken, and cattle. Of these, the pig was the most important +meat supply, being killed and salted for winter use. Next in +importance were the cattle. Sheep were kept primarily for their +wool. Flocks and herds were taken to pastures. The male cattle, +with wood yokes, pulled ploughs in the fields of barley and +wheat. The female goat and cow provided milk, butter, and cheese. +The chickens provided eggs. Pottery was made and used for food +preparation and consumption. During the period of "lent" [from +the word "lencten", which means spring], it was forbidden to eat +any meat or fish. This was the season in which many animals were +born and grew a lot. + +Circles of big stones like Stonehenge were built so that the +sun's position with respect to the stones would indicate the day +of longest sunlight and the day of shortest sunlight. Between +these days there was an optimum time to harvest the crops before +fall, when plants dried up and leaves fell from the trees. The +winter solstice, when the days began to get longer was cause for +celebration. In the next season, there was an optimum time to +plant seeds so they could spring up from the ground as new +growth. So farming gave rise to the concept of a year. + +There were settlements near rivers. Each settlement had a meadow, +for the mowing of hay, and a mill, with wooden huts of families +clustered nearby. Grain was stored in pits in the earth. Each hut +had a garden for fruit and vegetables. A goat or cow might be +tied out of reach of the garden. There was a fence or hedge +surrounding and protecting the garden area and dwelling. Outside +the fence were an acre or two of fields of wheat and barley, and +sometimes oats and rye. These were usually enclosed with a hedge +to keep animals from eating the crop. Flax was grown and made +into linen cloth. Beyond the fields were pastures for cattle and +sheep grazing. There was often an area for beehives. + +Crops were produced with the open field system. In this system, +there were three large fields each divided into long and narrow +strips. Each strip represented a day's work with the plough. One +field had wheat, or perhaps rye, another had barley, oats, beans, +or peas, and the third was fallow. These were rotated yearly. +Each free man was allotted certain strips in each field to bear +crops. His strips were far from each other, which insured some +very fertile and some only fair soil, and some land near his +village dwelling and some far away. These strips he cultivated, +sowed with seed, and harvested for himself and his family. After +the year, they reverted to common ownership for grazing. + +The plough used was heavy and made first of wood and later of +iron. It had a mould-board which caught the soil stirred by the +plough blade and threw it into a ridge. Other farm implements +were: coulters, which gave free passage to the plough by cutting +weeds and turf, picks, spades and shovels, reaping hooks and +scythes, and sledge-hammers and anvils. Forests were cleared to +provide more arable land. + +The use of this open field system instead of compact enclosures +worked by individuals was necessary in primitive communities +which were farming only for their own subsistence. Each ox was +owned by a different man as was the plough. Strips of land for +agriculture were added from waste land as the community grew. + +There were villages which had one or two market days in each +week. Cattle, sheep, pigs, poultry, calves, and rabbits were sold +there. + + + +Flint was mined for arrowheads. People used bone and stone tools, +such as stone hammers, and then bronze and iron tools, weapons, +breast plates, and horse bits, which were forged by blacksmiths. +Weapons included bows and arrows, daggers, axes, and shields of +wood with bronze mountings. The warriors fought with chariots +drawn by two horses. The horse harnesses had bronze fittings. The +chariots had wood wheels, later with iron rims. When bronze came +into use, there was a demand for its constituent parts: copper +and tin, which were traded by rafts on waterways and the sea. +Lead was mined. + +Corpses were buried far away from any village in wood coffins, +except for Kings, who were placed in stone coffins after being +wrapped in linen. + +With the ability to grow food and the acquisition of land by +conquest, the population grew. There were different classes of +men such as eorls, ceorls [free farmers], and slaves. They +dressed differently. Freemen had long hair and beards. Slaves' +hair was shorn from their heads so that they were bald. Slaves +were chained and often traded. Prisoners taken in battle, e.g. +Britons, became slaves. Criminals became slaves of the person +wronged or of the King. Sometimes a father pressed by need sold +his children or his wife into bondage. Debtors, who increased in +number during famine, which occurred regularly, became slaves by +giving up the freeman's sword and spear, picking up a slave's +mattock [pick ax for the soils], and placing their head within a +master's hands. Children with a slave parent were slaves. The +slaves lived in huts around the homes of big landowners. Slaves +often were used as ploughmen, sowers, haywards, woodwards, +sheperds, goatherds, swineherds, oxherds, cowherds, dairymaids, +and barnmen. A lord could kill his slave at will. + +The people were worshipping pagan gods when St. Augustine came to +England in 596 A.D. to Christianize them. King AEthelbert of Kent +and his wife, who had been raised Christian on the continent, met +him when he arrived. The King gave him land where there were +ruins of an old city. Augustine used stones from the ruins to +build a church which was later called Canterbury. He also built +the first St. Paul's church in what was later called London. He +conducted Easter ceremonies in the spring and Christmas +ceremonies in winter. The word "Christmas" is short for "Christ's +mass". Aethelbert and his men who fought with him and ate in his +household [gesiths] became Christian. + +Augustine knew how to write, but King AEthelbert did not. The +King announced his laws at meetings of his people and his eorls +would decide the punishments. He and Augustine decided to write +down some of these laws, which now included the King's new law +concerning the church. + +These laws concern personal injury, murder, theft, burglary, +marriage, adultery, and inheritance. The blood feud's private +revenge for killing had been replaced by payment of compensation +to the dead man's kindred. One paid a man's "wergeld" [worth] to +his kindred for causing his wrongful death. The wer of an +aetheling was 1500s., of an eorl, 300s., of a ceorl, 100s., of a +laet [agricultural serf in Kent], 40-80s., and of a slave +nothing. At this time a shilling could buy a cow in Kent or a +sheep elsewhere. If a ceorl killed an eorl, he paid three times +as much as an eorl would have paid as murderer. The penalty for +slander was tearing out of the tongue. If an aetheling were +guilty of this offense, his tongue was worth five times that of a +coerl, so he had to pay proportionately more too ransom it. + + +- The Law - + +"THESE ARE THE DOOMS [DECREES] WHICH KING AETHELBERHT ESTABLISHED +IN THE DAYS OF AUGUSTINE + +1. [Theft of] the property of God and of the church [shall be +compensated], twelve-fold; a bishop's property, eleven-fold; a +priest's property, nine-fold; a deacon's property, six-fold; a +cleric's property, three-fold; church-frith [breach of the peace +of the church; right of sanctuary and protection given to those +within its precincts], two-fold [that of ordinary breach of the +peace]; m....frith [breach of the peace of a meeting place], +two-fold. + +2. If the King calls his leod to him, and any one there do them +evil, [let him compensate with] a two-fold bot [damages for the +injury], and 50 shillings to the King. + +3. If the King drink at any one's home, and any one there do any +lyswe [evil deed], let him make two-fold bot. + +4. If a freeman steal from the King, let him repay nine-fold. + +5. If a man slay another in the King's tun [enclosed premises], +let him make bot with 50 shillings. + +6. If any one slay a freeman, 50 shillings to the King, as +drihtin-beah. + +7. If the King's ambiht-smith [smith or carpenter] or laad-rine +[man who walks before the King or guide or escort], slay a man, +let him pay a half leod-geld. + +8. [Offenses against anyone or anyplace under] the King's +mund-byrd +[protection], 50 shillings. + +9. If a freeman steal from a freeman, let him make threefold bot; +and let the King have the wite [fine] and all the chattels +[necessary to pay the fine]. + +10. If a man lie with the King's maiden [female servant], let him +pay a bot of 50 shillings. + +11. If she be a grinding slave, let him pay a bot of 25 +shillings. The third +[class of servant] 12 shillings. + +12. Let the King's fed-esl [woman who serves him food or nurse] +be paid for with +20 shillings. + +13. If a man slay another in an eorl's tun [premises], let [him] +make bot with +12 shillings. + +14. If a man lie with an eorl's birele [female cup-bearer], let +him make bot +with 12 shillings. + +15. [Offenses against a person or place under] a ceorl's +mund-byrd [protection], +6 shillings. + +16. If a man lie with a ceorl's birele [female cup-bearer], let +him make bot with 6 shillings; with a slave of the second +[class], 50 scaetts [a denomination less than a shilling]; with +one of the third, 30 scaetts. + +17. If any one be the first to invade a man's tun [premises], let +him make bot with 6 shillings; let him who follows, with 3 +shillings; after, each, a +shilling. + +18. If a man furnish weapons to another where there is a quarrel, +though no injury results, let him make bot with 6 shillings. + +19. If a weg-reaf [highway robbery] be done [with weapons +furnished by another], let him [the man who provided the weapons] +make bot with 6 shillings. + +20. If the man be slain, let him [the man who provided the +weapons] make bot with 20 shillings. + +21. If a [free] man slay another, let him make bot with a half +leod-geld of 100 shillings. + +22. If a man slay another, at the open grave let him pay 20 +shillings, and pay the whole leod within 40 days. + +23. If the slayer departs from the land, let his kindred pay a +half leod. + +24. If any one bind a freeman, let him make bot with 20 +shillings. + +25. If any one slay a ceorl's hlaf-aeta [bread-eater; domestic or +menial +servant], let him make bot with 6 shillings. + +26. If [anyone] slay a laet of the highest class, let him pay 80 +shillings; of the second class, let him pay 60 shillings; of the +third class, let him pay 40 shillings. + +27. If a freeman commit edor-breach [breaking through the fenced +enclosure and forcibly entering a ceorl's dwelling], let him make +bot with 6 shillings. + +28. If any one take property from a dwelling, let him pay a +three-fold bot. + +29. If a freeman goes with hostile intent through an edor [the +fence enclosing a +dwelling], let him make bot with 4 shillings. + +30. If [in so doing] a man slay another, let him pay with his own +money, and with any sound property whatever. + +31. If a freeman lie with a freeman's wife, let him pay for it +with his wer-geld, and obtain another wife with his own money, +and bring her to the other [man's dwelling]. + +32. If any one thrusts through the riht [true] ham-scyld, let him +adequately +compensate. + +33. If there be feax-fang [taking hold of someone by the hair], +let there be 50 +sceatts for bot. + +34. If there be an exposure of the bone, let bot be made with 3 +shillings. + +35. If there be an injury to the bone, let bot be made with 4 +shillings. + +36. If the outer hion [outer membrane covering the brain] be +broken, let bot be made with 10 shillings. + +37. If it be both [outer and inner membranes covering the brain], +let bot be made with 20 shillings. + +38. If a shoulder be lamed, let bot be made with 30 shillings. + +39. If an ear be struck off, let bot be made with 12 shillings. + +40. If the other ear hear not, let bot be made with 25 shillings. + +41. If an ear be pierced, let bot be made with 3 shillings. + +42. If an ear be mutilated, let bot be made with 6 shillings. + +43. If an eye be [struck] out, let bot be made with 50 shillings. + +44. If the mouth or an eye be injured, let bot be made with 12 +shillings. + +45. If the nose be pierced, let bot be made with 9 shillings. + +46. If it be one ala, let bot be made with 3 shillings. + +47. If both be pierced, let bot be made with 6 shillings. + +48. If the nose be otherwise mutilated, for each [cut, let] bot +be made with 6 shillings. + +49. If it be pierced, let bot be made with 6 shillings. + +50. Let him who breaks the jaw-bone pay for it with 20 shillings. + +51. For each of the four front teeth, 6 shillings; for the tooth +which stands next to them 4 shillings; for that which stands next +to that, 3 shillings; and then afterwards, for each a shilling. + +52. If the speech be injured, 12 shillings. If the collar-bone be +broken, let +bot be made with 6 shillings. + +53. Let him who stabs [another] through an arm, make bot with 6 +shillings. If an arm be broken, let him make bot with 6 +shillings. + +54. If a thumb be struck off, 20 shillings. If a thumb nail be +off, let bot be made with 3 shillings. If the shooting [fore] +finger be struck off, let bot be made with 8 shillings. If the +middle finger be struck off, let bot be made with 4 shillings. If +the gold [ring]finger be struck off, let bot be made with 6 +shillings. If the little finger be struck off, let bot be made +with 11 shillings. + +55. For every nail, a shilling. + +56. For the smallest disfigurement of the face, 3 shillings; and +for the greater, 6 shillings. + +57. If any one strike another with his fist on the nose, 3 +shillings. + +58. If there be a bruise [on the nose], a shilling; if he receive +a right hand bruise [from protecting his face with his arm], let +him [the striker] pay a shilling. + +59. If the bruise [on the arm] be black in a part not covered by +the clothes, let bot be made with 30 scaetts. + +60. If it be covered by the clothes, let bot for each be made +with 20 scaetts. + +61. If the belly be wounded, let bot be made with 12 shillings; +if it be pierced through, let bot be made with 20 shillings. + +62. If any one be gegemed, let bot be made with 30 shillings. + +63. If any one be cear-wund, let bot be made with 3 shillings. + +64. If any one destroy [another's] organ of generation [penis], +let him pay him with 3 leud-gelds: if he pierce it through, let +him make bot with 6 shillings; if it be pierced within, let him +make bot with 6 shillings. + +65. If a thigh be broken, let bot be made with 12 shillings; if +the man become halt [lame], then friends must arbitrate. + +66. If a rib be broken, let bot be made with 3 shillings. + +67. If [the skin of] a thigh be pierced through, for each stab 6 +shillings; if [the wound be] above an inch [deep], a shilling; +for two inches, 2; above three, 3 shillings. + +68. If a sinew be wounded. let bot be made with 3 shillings. + +69. If a foot be cut off, let 50 shillings be paid. + +70. If a great toe be cut off, let 10 shillings be paid. + +71. For each of the other toes, let one half that for the +corresponding finger +be paid. + +72. If the nail of a great toe be cut off, 30 scaetts for bot; +for each of the others, make bot with 10 scaetts. + +73. If a freewoman loc-bore [with long hair] commit any leswe +[evil deed], let her make a bot of 30 shillings. + +74. Let maiden-bot [compensation for injury to an unmarried +woman] be as that of a freeman. + +75. For [breach of] the mund [protection] of a widow of the best +class, of an eorl's degree, let the bot be 50 shillings; of the +second, 20 shillings; of the third, 12 shillings; of the fourth, +6 shillings. [Mund was a sum paid to the family of the bride for +transferring the rightful protection they possessed over her to +the family of the husband. If the husband died and his kindred +did not accept the terms sanctioned by law, her kindred could +repurchase the tutelage.] + +76. If a man carry off a widow not under his own protection by +right, let the mund be twofold. + +77. If a man buy a maiden with cattle, let the bargain stand, if +it be without fraud; but if there be fraud, let him bring her +home again, and let his property be restored to him. + +78. If she bear a live child, she shall have half the property, +if the husband die first. + +79. If she wish to go away with her children, she shall have half +the property. + +80. If the husband wish to keep them [the children], [she shall +have the same portion] as one child. + +81. If she bear no child, her paternal kindred shall have the +fioh [her goods]and the morgen-gyfe [morning gift; a gift make to +the bride by her husband on the morning following the +consummation of the marriage]. + +82. If a man carry off a maiden by force, let him pay 50 +shillings to the owner, and afterwards buy [the object of] his +will from the owner. + +83. If she be betrothed to another man in money [at a bride +price], let him [who carried her off] make bot with 20 shillings. + + +84. If she become gaengang, 35 shillings; and 15 shillings to the +King. + +85. If a man lie with an esne's wife, her husband still living, +let him make twofold bot. + +86. If one esne slay another unoffending, let him pay for him at +his full worth. + +87. If an esne's eye and foot be struck out or off, let him be +paid for at his full worth. + +88. If any one bind another man's esne, let him make bot with 6 +shillings. + +89. Let [compensation for] weg-reaf [highway robbery] of a theow +[slave] be 3 shillings. + +90. If a theow [a type of slave] steal, let him make twofold bot +[twice the value of the stolen goods]. " + + +- Judicial Procedure - + +If a man did something wrong, his case would be heard by the King +and his freemen. His punishment would be given to him by the +community. + +There were occasional meetings of "hundreds", which were probably +a hundred hides of land or a hundred families, to settle +wide-spread disputes. + + + + +Chapter 2 + +- The Times: 600-900 - + +People lived in villages in which a stone church was the most +prominent building. They lived in one-room huts with walls and +roofs made of wood, mud, and straw. Hangings covered the cracks +in the walls to keep the wind out. Smoke from a fire in the +middle of the room filtered out of cracks in the roof. Grain was +ground at home by rotating by hand one stone disk on another +stone disk. Some villages had a mill powered by the flow of water +or by horses. + +Farmland surrounded the villages and was farmed by the community +as a whole under the direction of a lord. There was silver, +copper, iron, tin, gold, and various types of stones from remote +lead mines and quarries in the nation. Silver pennies replaced +the smaller scaetts. + +Everyone in the village went to church on Sunday and brought +gifts such as grain to the priest. The parish of the priest was +coextensive with the holding of one landowner. The priest and +other men who helped him, lived in the church building. Some +churches had lead roofs and iron hinges, latches, and locks on +their doors. The land underneath had been given to the church by +former Kings and persons who wanted the church to say prayers to +help their souls go from purgatory to heaven and who also +selected the priest. + +The church baptized babies and officiated at marriage ceremonies. +It also said prayers for the dying, gave them funerals, and +buried them. A piece of stone with the dead person's name marked +his grave. It was thought that putting the name on the grave +would assist identification of that person for being taken to +heaven. The church heard the last wish or will of the person +dying concerning who he wanted to have his property. + +Every man carried a horn slung on his shoulder as he went about +his work so that he could at once send out a warning to his +fellow villagers or call them in chasing a thief or other +offender. The forests were full of outlaws, so strangers who did +not blow a horn to announce themselves were presumed to be +fugitive offenders who could be shot on sight. An eorl could call +upon the ceorl farmers for about forty days to fight off an +invading group. + +The houses of the wealthy had ornamented silk hangings on the +walls. Brightly colored drapery, often purple, and fly-nets +surrounded their beds, which were covered with the fur of +animals. They slept in bed-clothes on pillows stuffed with straw. +Tables plated with silver and gems held silver candlesticks, gold +and silver goblets and cups, and lamps of gold, silver, or glass. +They used silver mirrors and silver writing pens. There were +covered seats, benches, and footstools with the head and feet of +animals at their extremities. They ate from a table covered with +a cloth. Servants brought in food on spits, from which they ate. +Food was boiled, broiled, or baked. The wealthy ate wheat bread +and others ate barley bread. Ale made from barley was passed +around in a cup. Mead made from honey was also drunk. + +Men wore long-sleeved wool and linen garments reaching almost to +the knee, around which they wore a belt tied in a knot. Men often +wore a gold ring on the fourth finger of the right hand. Leather +shoes were fastened with leather thongs around the ankle. Their +hair was parted in the middle and combed down each side in waving +ringlets. The beard was parted in the middle of the chin, so that +it ended in two points. The clergy did not wear beards. Ladies +wore brightly colored robes with waist bands, headbands, +necklaces, gem bracelets, and rings. Their long hair was in +ringlets and they put rouge on their cheeks. They were often +doing needlework. Silk was affordable only by the wealthy. + +Most families kept a pig and pork was the primary meat. There +were also sheep, goats, cows, deer, rabbits, and fowl. Fowl was +obtained by fowlers who trapped them. The inland waters yielded +eels, salmon, and trout. In the fall, meat was salted to preserve +it for winter meals. There were orchards growing figs, nuts, +grapes, almonds, pears, and apples. Also produced were beans, +lentils, onions, eggs, cheese, and butter. Pepper and cinnamon +were imported. + +Fishing from the sea developed in the 8th century, and yielded +herrings, sturgeon, porpoise, oysters, crabs, and other fish. +Whale skins were used to make ropes. + +Hot baths were in common use. It was usual to wash one's feet +after traveling and drying them with a rough wool cloth. +Traveling a far distance was unsafe as there were robbers on the +roads. Traveling strangers were distrusted. There were +superstitions about the content of dreams, the events of the +moon, and the flights and voices of birds were often seen as +signs or omens of future events. Herbal mixtures were drunk for +sickness and maladies. + +In the peaceful latter part of the seventh century, Theodore, who +had been a monk in Rome, was appointed Archbishop and visited all +the island speaking about the right rule of life and ordaining +bishops to oversee the priests. However, this was difficult +because the bishops spoke Latin and the priests of the local +parishes spoke English. Theodore was the first archbishop whom +all the English church obeyed. He taught sacred and secular +literature, the books of holy writ, ecclesiastical poetry, +astronomy, arithmetic, and sacred music. The learned +ecclesiastical life flourished in monasteries. Theodore +discourage slavery by denying Christian +burial to the kidnapper and forbidding the sale of children over +the age of seven. Hilda, a noble's daughter, became the first nun +in Northumbria and abbess of one of its monasteries. There she +taught justice, piety, chastity, peace, and charity. Several +monks taught there later became bishops. Kings and princes often +asked her advice. + +Kings were selected from the royal family by their worthiness. +Vikings made several invasions in the ninth century for which a +danegeld tax on land was assessed on everyone every ten to twenty +years. It was stored in a strong box under the King's bed. King +Alfred the Great unified the country to defeat them. He +established fortifications called "burhs", usually on hill tops +or other strategic locations on the borders to control the main +road and river routes into Wessex. The burhs were the first +towns. They were typically walled enclosures with towers and +several wooden thatched huts and a couple of churches inside. +Earthen oil lamps were in use. The land area protected by each +burh became known as a "shire". The country was called +"Angle-land", which later became "England". + +Alfred gathered together fighting men who were at his disposal, +which included ealdormen's hearthband (men each of whom had +chosen to swear to fight to the death for their earldorman, and +some of whom were of high rank), shire thegns (local landowning +farmers, who were required to bring fighting equipment such as +swords, helmets, chainmail, and horses), and ordinary freemen, +i.e. ceorls (who carried food, dug fortifications, and sometimes +fought). Alfred had a small navy of longships with 60 oars to +fight the Viking longships. + +Alfred divided his army into two parts so that one-half of the +men were fighting while the other half was at home sowing and +harvesting for those fighting. Thus, any small-scale independent +farming was supplanted by the open-field system, cultivation of +common land, and a more manor-oriented and stratified society +with the King and important families more powerful and the +peasants more curtailed. The free coerl of the older days became +the bonded villein. The village community became a manor. But the +lord does not have the power to encroach upon the rights of +common that exist within the community. + +In 886, a treaty between Alfred and the Vikings divided the +country along the war front and made the wer of every free +farmer, whether English or Viking, 200s. Men of higher rank were +given a wer of 8 1/2 marks of pure gold. + +King Alfred gave land with jurisdictional powers within its +boundaries such as the following: +"This is the bequest which King Alfred make unequivocally to +Shaftesbury, to the praise of God and St. Mary and all the saints +of God, for the benefit of my soul, namely a hundred hides [a +hide was probably the amount of land which could support a family +for a year or as much land as could be tilled annually by a +single plow] as they stand with their produce and their men, and +my daughter AEthelgifu to the convent along with the inheritance, +since she took the veil on account of bad health; and the +jurisdiction to the convent, which I myself possessed, namely +obstruction and attacks on a man's house and breach of +protection. And the estates which I have granted to the +foundation are 40 hides at Donhead and Compton, 20 hides at +Handley and Gussage 10 hides at Tarrant, 15 hides at Iwerve and +15 hides at Fontmell. + +The witnesses of this are Edward my son and Archbishop AEthelred +and Bishop Ealhferth and Bishop AEthelhead and Earl Wulfhere and +Earl Eadwulf and Earl Cuthred and Abbot Tunberht and Milred my +thegn and AEthelwulf and Osric and Brihtulf and Cyma. If anyone +alters this, he shall have the curse of God and St. Mary and all +the saints of God forever to all eternity. Amen." + +Sons usually succeeded their fathers on the same land as shown by +this lifetime +lease: +"Bishop Denewulf and the community at Winchester lease to Alfred +for his lifetime 40 hides of land at Alresford, in accordance +with the lease which Bishop Tunbriht had granted to his parents +and which had run out, on condition that he renders every year at +the autumnal equinox three pounds as rent, and church dues, and +the work connected with church dues; and when the need arises, +his men shall be ready both for harvesting and hunting; and after +his death the property shall pass undisputed to St. Peter's. + +These are the signatures of the councilors and of the members of +the community who gave their consent, namely ..." + +Alfred wrote poems on the worthiness of wisdom and knowledge in +preference to material pleasures, pride, and fame, in dealing +with life's sorrow and strife. His observations on human nature +and his proverbs include: + +1. As one sows, so will he mow. + +2. Every man's doom [judgment] returns to his door. + +3. He who will not learn while young, will repent of it when +old. + +4. Weal [prosperity] without wisdom is worthless. + +5. Though a man had 70 acres sown with red gold, and the gold +grew like grass, yet he is not a whit the worthier unless he +gain friends for himself. + +6. Gold is but a stone unless a wise man has it. + +7. It's hard to row against the sea-flood; so it is against +misfortune. + +8. He who toils in his youth to win wealth, so that he may enjoy +ease in his old age, has well bestowed his toil. + +9. Many a man loses his soul through silver. + +10. Wealth may pass away, but wisdom will remain, and no man may +perish who has it for his comrade. + +11. Don't choose a wife for her beauty nor for wealth, but study +her disposition. + +12. Many an apple is bright without and bitter within. + +13. Don't believe the man of many words. + +14. With a few words a wise man can compass much. + +15. Make friends at market, and at church, with poor and with +rich. + +16. Though one man wielded all the world, and all the joy that +dwells therein, he could not therewith keep his life. + +17. Don't chide with a fool. + +18. A fool's bolt is soon shot. + +19. If you have a child, teach it men's manners while it is +little. If you let him have his own will, he will cause you much +sorrow when he comes of age. + +20. He who spares the rod and lets a young child rule, shall rue +it when the child grows old. + +21. Either drinking or not drinking is, with wisdom, good. + +22. Be not so mad as to tell your friend all your thoughts. + +23. Relatives often quarrel together. + +24. The barkless dog bites ill. + +25. Be wise of word and wary of speech, then all shall love you. + +26. We may outride, but not outwit, the old man. + +27. If you and your friend fall out, then your enemy will know +what your friend knew before. + +28. Don't choose a deceitful man as a friend, for he will do you +harm. + +29. The false one will betray you when you least expect it. + +30. Don't choose a scornful false friend, for he will steal your +goods and deny the theft. + +31. Take to yourself a steadfast man who is wise in word and +deed; he will prove a true friend in need. + +To restore education and religion, Alfred disseminated the +Anglo-Saxon Chronicles, the Venerable Bede's Ecclesiastical +History of the English Nation, the Providence of Boethius on the +goodness of God, and Pope Gregory's Pastoral Care, which he had +translated into English and was the fundamental book on the duty +of a bishop, and included his duty to teach laymen. Alfred's +advice to pastors was to live as they had been taught from books +and to teach this manner of life to others. To be avoided was +pride, the mind's deception of seeking glory in the name of doing +good works, and the corruption of high office. Bede was England's +first scholar, first theologian, and first historian. He wrote +theological books and textbooks on grammar, rhetoric [public +speaking and debating], arithmetic, and astronomy. + +A famous poem, the oral legend of Beowulf, a hero who led his men +into adventures and performed great feats and fought monsters and +dragons, was put into writing with a Christian theme. In it, +loyalty to one's lord is a paramount virtue. Also available in +writing was the story of King Arthur's twelve victorious battles +against the pagan Saxons, authored by Nennius. + +There were professional story-tellers attached to great men. +Others wandered from court to court, receiving gifts for their +story-telling. Men usually told oral legends of their own feats +and those of their ancestors after supper. + +Alfred had monasteries rebuilt with learned and moral men heading +them. He built a strong wall with four gates around London, which +he had conquered. He appointed one of his eorldormen to be +alderman [older man] to govern London and to be the shire's earl. +A later King built a palace in London, although Winchester was +still the royal capital town. + +Under the royalty were the nobles. An earl headed each shire. He +led the array of his shire to do battle if the shire was +attacked. He and the local bishop presided over shire meetings +and meetings of the people. Reeves were appointed by the King as +his representatives in the shires. The reeve took security from +every person for the maintenance of the public peace. He also +brought suspects to court, gave judgments according to the +doom-books, delivered offenders to punishment. By service to the +King, it was possible for a coerl to be given land by the King +and thus rise to become a thegn. A thegn was a person with five +hides of land, a church, a bell-house, a judicial at the +burgh-gate, and an office or station in the King's hall. The +King's thegns who got their position by fighting for the King +came to be known as knights. Other thegns performed functions of +magistrates. The thegns became a nobility which replaced the +eorls. The wergeld of a thegn was six times that of a coerl. The +sokemen were freemen who had their own land, chose their own +lord, and attended their lord's court. A smallholder rented land +of about 30 acres from a landlord, which he paid by doing work on +the lord's demesne [household] land, paying money rent, or paying +a food rent such as in eggs or chickens. Smallholders made up +about two-fifths of the population. A cottager had one to five +acres of land and depended on others for his living. Among these +were shepherds, ploughmen, swineherds, and blacksmiths. They also +participated in the agricultural work, especially at harvest +time. + +It was possible for a thane to acquire enough land to qualify him +for the witan [King's council of wise men, which included +archbishops, bishops, abbots, earls, chief landowners, and +officers of the King's household]. Women could be present at the +witenagemot [meeting of the witan, which met three times +annually] and shire-gemot [meeting of the shire]. They could sue +and be sued in the courts. They could independently inherit, +possess, and dispose of property. A wife's inheritance was her +own and under no control of her husband. + +Marriage required the consent of the lady and her friends. The +man also had to arrange for the foster-lean, that is, money for +the support of expected children. He also declared the amount of +money or land he would give the lady for her consent, that is, +the morgengift, and what he would bequeath her in case of his +death. If she remarried within a year of his death, she had to +forfeit the morgengift. + +Great men and monasteries had millers, smiths, carpenters, +architects, agriculturalists, fishermen, weavers, embroiderers, +dyers, and illuminators. + +For entertainment, minstrels sang ballads about heroes or Bible +stories, harpers played, jesters joked, and tumblers threw and +caught balls and knives. There was gambling, dice games, and +chasing deer with hounds. + +Fraternal guilds were established for mutual advantage and +protection. A guild imposed fines for any injury of one member by +another member. It assisted in paying any murder fine imposed on +a member. It avenged the murder of a member and abided by the +consequences. It buried its members and purchased masses for his +soul. + +Merchantile guilds in sea-ports carried out commercial +speculations not possible by the capital of only one person. + +There were some ale-houses. + + +- The Law - + +Alfred issued a set of laws to cover the whole country. + +The importance of telling the truth and keeping one's word are +expressed by this law: +"1. At the first we teach that it is most needful that every man +warily keep his oath and his wed. If any one be constrained to +either of these wrongfully, either to treason against his lord, +or to any unlawful aid; then it is juster to belie than to +fulfil. But if he pledge himself to that which is lawful to +fulfil, and in that belie himself, let him submissively deliver +up his weapon and his goods to the keeping of his friends, and be +in prison forty days in a King's tun: let him there suffer +whatever the bishop may prescribe to him: ...". + +The Ten Commandments were written down as this law: + +"The Lord spake these words to Moses, and thus said: I am the +Lord thy God. I led thee out of the land of the Egyptians, and of +their bondage. + +1. Love thou not other strange gods above me. + +2. Utter thou not my name idly, for thou shalt not be guiltless +towards me if thou utter my name idly. + +3. Remember that thou hallow the rest-day. Work for yourselves +six days, and on the seventh rest. For in six days, Christ +wrought the heavens and the earth, the seas, and all creatures +that are in them, and rested on the seventh day: and therefore +the Lord hallowed it. + +4. Honour thy father and thy mother whom the Lord hath given +thee, that thou mayst be the longer living on earth. + +5. Slay thou not. + +6. Commit thou not adultery. + +7. Steal thou not. + +8. Say thou not false witness. + +9. Covet thou not thy neighbour's goods unjustly. + +10. Make thou not to thyself golden or silver gods." + + +If one deceives an unbetrothed woman and sleep with her, he must +pay for her and have her afterwards to wife. But if her father +not approve, he should pay money according to her dowry. + +"If a man seize hold of the breast of a ceorlish woman, let him +make bot to her with 5 shillings. If he throw her down and do not +lie with her, let him make bot with 10 shillings. If he lie with +her, let him make bot with 60 shillings. If another man had +before lain with her, then let the bot be half that. ... If this +befall a woman more nobly born, let the bot increase according to +the wer." + +"If any one, with libidinous intent, seize a nun either by her +raiment or by her breast without her leave, let the bot be +twofold, as we have before ordained concerning a laywoman." + +"If a man commit a rape upon a ceorl's female slave, he must pay +bot to the ceorl of 5 shillings and a wite [fine to the King] of +60 shillings. If a male theow rape a female theow, let him make +bot with his testicles." + +For the first dog bite, the owner pays 6 shillings, for the +second, 12 shillings, for the third, 30 shillings. + +An ox which gores someone to death shall be stoned. + +If one steals or slays another's ox, he must give two oxen for +it. + +"If any one steals so that his wife and children don't know it, +he shall pay 60 shillings as wite. But if he steals with the +knowledge of all his household, they shall all go into slavery. A +boy of ten years may be privy to a theft." + +"If one who takes a thief, or holds him for the person who took +him, lets the thief go, or conceals the theft, he shall pay for +the thief according to his wer. If he is an ealdorman, he shall +forfeit his shire, unless the King is willing to be merciful to +him." + + +- Judicial Procedure - + +Cases were held at monthly meetings of the community [folk-moot]. +The King or his representative in the community, called the +"reeve", conducted the trial by compurgation. + +The one complaining, called the "plaintiff", and the one +defending, called the "defendant", each told their story and put +his hand on the Bible and swore "By God this oath is clean and +true". A slip or a stammer would mean he lost the case. +Otherwise, community members would stand up to swear on behalf of +the plaintiff or the defendant as to their reputation for +veracity. If these "compurgators" were too few, usually twelve in +number, or recited poorly, their party lost. + +If this process was inconclusive, the defendant was told to go to +church and to take the sacrament only if he were innocent. If he +took the sacrament, he was tried by the process of "ordeal". In +the ordeal by cold water, he was bound hand and foot and then +thrown into water. If he floated, he was guilty. If he sank, he +was innocent. It was not necessary to drown to be deemed +innocent. In the ordeal by hot water, he had to pick up a stone +from inside a boiling cauldron. If his hand was healing in three +days, he was innocent. If it was festering, he was guilty. A +similar ordeal was that of hot iron, in which one had to carry in +his hands a hot iron for a certain distance. Although the results +of the ordeal were taken to indicate the will of God, the +official conducting the ordeal could adjust its parameters so +that a person with a guilty demeanor would be found guilty and a +person with an innocent demeanor found innocent. The ordeal seems +to favor the physically fit, because a person who was not fat +would tend to sink and a person who was in good health would have +prompt healing of burns. Presumably a person convicted of murder, +i.e. killing by stealth, or robbery [taking from a person's robe, +that is, his person or breaking into his home to steal] would be +hung and his possessions conviscated. + +The issue of rights to herd pigs to feed in certain woodland was +heard in this lawsuit: + +"In the year 825 which had passed since the birth of Christ, and +in the course of the second Indiction, and during the reign of +Beornwulf, King of Mercia, a council meeting was held in the +famous place called Clofesho, and there the said King Beornwulf +and his bishops and his earls and all the councilors of this +nation were assembled. Then there was a very noteworthy suit +about wood-pasture at Sinton, towards the west in Scirhylte. The +reeves in charge of the pigherds wished to extend the pasture +farther, and take in more of the wood than the ancient rights +permitted. Then the bishop and the advisors of the community said +that they would not admit liability for more than had been +appointed in AEthelbald's day, namely mast for 300 swine, and +that the bishop and the community should have two-thirds of the +wood and of the mast. They Archbishop Wulfred and all the +councilors determined that the bishop and the community might +declare on oath that it was so appointed in AEthelbald's time and +that they were not trying to obtain more, and the bishop +immediately gave security to Earl Eadwulf to furnish the oath +before all the councilors, and it was produced in 30 days at the +bishop's see at Worcester. At that time Hama was the reeve in +charge of the pigherds at Sinton, and he rode until he reached +Worcester, and watched and observed the oath, as Earl Eadwulf +bade him, but did not challenge it. + +Here are the names and designations of those who were assembled +at the council meeting ..." + + + + +Chapter 3 + +- The Times: 900-1066 - + +There were many large land-owners such as the King, earls and +bishops. Earls were noblemen by birth. A bishop was a church +official who had oversight responsibility for all churches within +his geographical area. The "bot" paid for injuring a bishop was +the same as that for an earl. This indicates that their social +rank was the same. + +The lands of these lords were administered by freemen. They had +wheat, barley, and rye fields, orchards, vineyards, and +bee-keeping areas for honey. On this land lived not only farm +laborers, cattle herders, shepherds, goatherds, and pigherds, but +craftsmen such as goldsmiths, hawk-keepers, dog-keepers, +horse-keepers, huntsmen, foresters, builders, weaponsmiths, +embroiderers, blacksmiths, carpenters, tailors, salters, bakers, +cooks, and gardeners. Blacksmiths made gates, hugh door +hinges,lock, latches, bolts, and horseshoes. The lord loaned +these people land on which to live for their life, called a "life +estate", in return for their services. The loan could continue to +their children who took up the craft. Mills were usually powered +by water. + +Clothing for men and women was made from wool, silk, and linen +and was usually brown in color. Men also wore leather clothing, +such as neckpieces, breeches, ankle leathers, shoes, and boots; +and metal belts under which they carried knives or axes. They +could wear leather pouches for carrying items. + +Water could be carried in leather bags. Leather working +preservative techniques improved so that tanning prevented +stretching or decaying. + +For their meals, people had drinking cups and bottles made of +leather, and bowls, pans, and pitchers made by the potter's +wheel. Water could be boiled in pots made of iron, brass, lead, +or clay. + +There was a great expansion of arable land. Kings typically +granted land in exchange for services of military duties, +repairing of fortresses, and work on bridges. Less common +services required by landlords include equipping a guard ship and +guarding the coast, guarding the lord, military watch, +maintaining the deer fence at the King's residence, alms giving, +and church dues. Since land was granted in return for service, +there were limitations on its heritability and often an heir had +to pay a heriot to the landlord to obtain the land. + +An example of a grant of hides of land is: +"[God has endowed King Edred with England], wherefore he enriches +and honors men, both ecclesiastic and lay, who can justly deserve +it. The truth of this can be acknowledged by the thegn AElfsige +Hunlafing through his acquisition of the estate of 5 hides at +Alwalton for himself and his heirs, free from every burden except +the repair of fortifications, the building of bridges and +military service; a prudent landowner church dues, burial fees +and tithes. [This land] is to be held for all time and granted +along with the things both great and small belonging to it." + +A Bishop gave land to a faithful attendant for his life and two +other lives as follows: +"In 904 A.D., I, Bishop Werfrith, with the permission and leave +of my honorable community in Worcester, grant to Wulfsige, my +reeve, for his loyal efficiency and humble obedience, one hide of +land at Aston as Herred held it, that is, surrounded by a dyke, +for three lives and then after three lives the estate shall be +given back without any controversy to Worcester." + +There were several thousand thegns, rich and poor, who held land +directly of the King. Free farmers who had sought protection from +thegns in time of war now took them as their lords. A free man +could chose his lord, following him in war and working his land +in peace. In return, the lord would protect him against +encroaching neighbors, back him in the courts of law, and feed +him in times of famine. These lords were the ruling class and the +greatest of them sat in the King's council along with bishops, +abbots, and officers of the King's household. The lesser lords +were local magnates, who officiated at the shire and hundred +courts. + +The land of some lords included fishing villages along the +coasts. Other lords owned land with iron-mining industries. + +Some lords had markets on their land, for which they charged a +toll [like a sales tax] for participation. There were about fifty +markets in the nation. Cattle and slaves were the usual medium of +exchange. Shaking hands was symbolic of an agreement for a sale, +which was carried out in front of witnesses at the market. People +traveled to markets on roads and bridges kept in repair by +certain men who did this work as their service to the King. + +Salt was used throughout the nation to preserve meat over the +winter. Inland saltworks had an elaborate and specialized +organization. They formed little manufacturing enclaves in the +midst of agricultural land, and they were considered to be +neither manor nor appurtenant to manors. They belonged jointly to +the King and the local earl, who shared, at a proportion of two +to one, the proceeds of the tolls upon the sale of salt and +methods of carriage on the ancient salt ways according to +cartload, horse load, or man load. Horses now had horseshoes. The +sales of salt were mostly retail, but some bought to resell. + +At seaports on the coast, goods were loaded onto vessels owned by +English merchants to be transported to other English seaports. +London was a market town on the north side of the Thames River +and the primary port and trading center for foreign merchants. +The other side of the river was called Southwark. It contained +sleazy docks, prisons, gaming houses, brothels, and inns. + +Guilds in London were first associations of neighbors for the +purposes of mutual assistance. They were fraternities of persons +by voluntary compact to assist each other in poverty, including +their widows or orphans and the portioning of poor maids, and to +protect each other from injury. Their essential features are and +continue to be in the future: 1) oath of initiation, 2) entrance +fee in money or in kind and a common fund, 3) annual feast and +mass, 4) meetings at least three times yearly for guild business, +5), obligation to attend all funerals of members, to bear the +body if need be from a distance, and to provide masses for the +dead, 6) the duty of friendly help in cases of sickness, +imprisonment, house-burning, shipwreck, or robbery, 7) rules for +decent behavior at meetings, and 8) provisions for settling +disputes without recourse to the law. Both the masses and the +feast were attended by the women. Frequently the guilds also had +a religious ceremonial to affirm their bonds of fidelity. They +readily became connected with the exercise of trades and with the +training of apprentices. They promoted and took on public +purposes such as the repairing of roads and bridges, the relief +of pilgrims, the maintenance of schools and almshouses, and the +periodic performance of pageants and miracle-plays. + +Many of these London guilds were known by the name of their +founding member. There were also Frith Guilds and a Knights' +Guild. The Frith Guild's main object was to put down theft. +Members contributed to a common fund, which paid a compensation +for items stolen. Members with horses were to track the thief. +Members without horses worked in the place of the absent +horseowners until their return. The Knights' Guild was composed +of thirteen military persons to whom King Edgar granted certain +waste land in the east of London, toward Aldgate, for prescribed +services performed. This concession was confirmed by Edward the +Confessor in a charter at the suit of certain burgesses of +London, the successors of these knights. But there was no trading +privilege, and the Prior of Holy Trinity, Aldgate, became the +sovereign of the Guild and the Aldermen ex officio of Portsoken +Ward. He rendered an account to the Crown of the shares of +tallage paid by the men of the Ward and presided over the +Wardmotes. Every London merchant who had made three long voyages +on his own behalf ranked as a thegn. + +Later in the towns, there were merchant guilds, which were +composed of prosperous traders, who later became landowners. +Merchant guilds grew out of charity associations whose members +were bound by oath to each other and got together for a +guild-feast every month. Many market places were dominated by a +merchant guild, which had a monopoly of the local trade. There +were also some craft guilds composed of handicraftsmen or +artisans. Escaped villeins, poor people, and traders without land +migrated to towns to live, but were not citizens. + +Edward the Confessor, named such for his piety, was a King of 24 +years who was widely respected for his intelligence, +resourcefulness, good judgment, and wisdom. His educated Queen +Edith, whom he relied on for advice and cheerful courage, was a +stabilizing influence on him. They were served by a number of +thegns, who had duties in the household, which was composed of +the hall, the courtyard, and the bedchamber. They were important +men, thegns by rank. They were landowners, often in several +areas, and held leading positions in the shires, although they +were not sheriffs. They were also priests and clerics, who +maintained the religious services and performed tasks for which +literacy was necessary. + +The court was host to many of the greatest magnates and prelates +of the land at the time of great ecclesiastical festivals, when +the King held more solemn courts and feasted his vassals. These +included all the great earls, the majority of bishops, some +abbots, and a number of thegns and clerics. Edward had a witan of +wise men to advise him, but sometimes the King would speak in the +hall after dinner and listen to what comments were made from the +mead-benches. As the court moved about the country, many men came +to pay their respects and attend to local business. + +The main governmental activities were: war, collection of +revenue, religious education, and administration of justice. For +war, the shires had to provide a certain number of men and the +ports quotas of ships with crews. The King was the patron of the +English church. He gave the church peace and protection. He +presided over church councils and appointed bishops. As for the +administration of justice, the public courts were almost all +under members of Edward's court, bishops, earls, and reeves. +Edward's mind was often troubled and disturbed by the threat that +law and justice would be overthrown, by the pervasiveness of +disputes and discord, by the raging of wicked presumption, by +money interfering with right and justice, and by avarice kindling +all of these. He saw it as his duty to courageously oppose the +wicked by taking good men as models, by enriching the churches of +God, by relieving those oppressed by wicked judges, and by +judging equitably between the powerful and the humble. + +A King's grant of land entailed two documents: a charter giving +boundaries and conditions and a writ, usually addressed to the +shire court, listing the judicial and financial privileges +conveyed with the land. These were usually sac and soke [petty +jurisdiction over inhabitants of the estate], toll and team [a +share in the profits from trade conducted within the estate], and +infangenetheof [the authority to hang and take the chattels of a +thief caught on the property]. The writ was created by the +Chancery, which had been established by the King to draft +documents and keep records. The writ was a small piece of +parchment addressed to a royal official or dependent commanding +him to perform some task for the King. By the eleventh century, +the writ contained a seal: a lump of wax with the impress of the +Great Seal of England. + +The town of Coventry consisted of a monastery manor and a private +manor. The monastery was granted by Edward the Confessor full +freedom and these jurisdictions: sac and soke, toll and team, +hamsocne [the authority to fine a person for breaking into and +making entry by force into the dwelling of another], forestall +[the authority to fine a person for robbing others on the road], +blodwite [the authority to impose a forfeiture for assault +involving bloodshed], fihtwite [the authority to fine for +fighting], weordwite [the authority to fine for manslaughter, but +not for willful murder], and mundbryce [the authority to fine for +any breach of the peace, such as trespass on lands]. + +Marriages were determined by men asking women to marry them. If a +woman said yes, he paid a sum to her kin for her "mund" +[jurisdiction or protection over her] and gave his oath to them +to maintain and support the woman and any children born. As +security for this oath, he gave a valuable object or "wed". The +couple were then betrothed. Marriage ceremonies were performed by +priests in churches. The marriage was written into church +records. Friends witnessed the wedding and afterwards ate the +great loaf, or first bread made by the bride. This was the +forerunner of the wedding cake. They drank special ale, the +"bride ale" (from hence the work "bridal"), to the health of the +couple. + +This marriage agreement with an Archbishop's sister provides her +with land, money, and horsemen: + +"Here in this document is stated the agreement which Wulfric and +the archbishop made when he obtained the archbishop's sister as +his wife, namely he promised her the estates at Orleton and +Ribbesford for her lifetime, and promised her that he would +obtain the estate at Knightwick for her for three lives from the +community at Winchcombe, and gave her the estate at Alton to +grant and bestow upon whomsoever she pleased during her lifetime +or at her death, as she preferred, and promised her 50 mancuses +of gold and 30 men and 30 horses. + +The witnesses that this agreement was made as stated were +Archbishop Wulfstan and Earl Leofwine and Bishop AEthelstan and +Abbot AElfweard and the monk Brihtheah and many good men in +addition to them, both ecclesiastics and laymen. There are two +copies of this agreement, one in the possession of the archbishop +at Worcester and the other in the possession of Bishop AEthelstan +at Hereford." + +This marriage agreement provided the wife with money, land, farm +animals and farm laborers; it also names sureties, the survivor +of whom would receive all this property: + +"Here is declared in this document the agreement which Godwine +made with Brihtric when he wooed his daughter. In the first place +he gave her a pound's weight of gold, to induce her to accept his +suit, and he granted her the estate at Street with all that +belongs to it, and 150 acres at Burmarsh and in addition 30 oxen +and 20 cows and 10 horses and 10 slaves. + +This agreement was made at Kingston before King Cnut, with the +cognizance of Archbishop Lyfing and the community at +Christchurch, and Abbot AElfmaer and the community at St. +Augustine's, and the sheriff AEthelwine and Sired the old and +Godwine, Wulfheah's son, and AElfsige cild and Eadmaer of Burham +and Godwine, Wulfstan's son, and Carl, the king's cniht. And when +the maiden was brought from Brightling AElfgar, Sired's son, and +Frerth, the priest of Forlstone, and the priests Leofwine and +Wulfsige from Dover, and Edred, Eadhelm's son, and Leofwine, +Waerhelm's son, and Cenwold rust and Leofwine, son of Godwine of +Horton, and Leofwine the Red and Godwine, Eadgifu's son, and +Leofsunu his brother acted as security for all this. And +whichever of them lives the longer shall succeed to all the +property both in land and everything else which I have given +them. Every trustworthy man in Kent and Sussex, whether thegn or +commoner, is cognizant of these terms. + +There are three of these documents; one is at Christchurch, +another at St. Augustine's, and Brihtric himself has the third." + +Nuns and monks lived in nunneries and monasteries on church land +and grew their own food. The local bishop usually was also an +abbot of a monastery. The priests and nuns wore long robes with +loose belts and did not carry weapons. They cared for the sick +and taught justice, piety, chastity, peace, and charity. Caring +for the sick entailed mostly praying to God as it was thought +that only God could cure. Slavery was diminished by the church by +excommunication for the sale of a child over seven. The clergy +taught that manumission of slaves was good for the soul of the +dead, so it became frequent in wills. The clergy were to be +celibate and not marry, but in lax times this rule was not +followed. + +The Archbishop of Canterbury began annointing new Kings at the +time of coronation to emphasize that the King was ruler by the +grace of God. + +Illness was thought to be caused by demons. People hung charms +around their neck for cure and treatments of magic and herbs were +given. For instance, the remedy for "mental vacancy and folly" +was a drink of "fennel, agrimony, cockle, and marche". Leeches +were used for healing wounds, such as those from snake bites. + + +- The Law - + +Every free man who did not own land had to find a lord to answer +for him. The act of homage was symbolized by placing his hands +within those of his lord. + +Every lord shall be personally responsible as surety for the men +of his +household. + +Every free man who owned land had to be in a local peace-pledge +society, usually about ten men, [frankpledge], in which they +served as personal sureties for each other's peaceful behavior. +If one of them were accused of an offense, the others had to +produce him in court or pay for the offense, unless they could +prove that they had no complicity in it. + +"And every man shall see that he has a surety, and this surety +shall bring and keep him to [the performance of] every lawful +duty. + +1. And if anyone does wrong and escapes, his surety shall +incur what the other should have incurred. + +2. If the case be that of a thief and his surety can lay +hold of him within 12 months, he shall deliver him up to justice, +and what he has paid shall be returned to him." + +Only a priest could declare a marriage. The groom had to bring +friends to his wedding as sureties to guarantee his oath to +maintain and support his wife and children. Those who swore to +take care of the children were called their "godfathers". + +"No woman or maiden shall be forced to marry a man she dislikes +or given for money." + +"Violence to a widow or maiden is punishable by payment of one's +wergeld." + +No man shall have more wives than one. + +No man may marry among his own kin within six degrees of +relationship or with the widow of a man as nearly related to him +as that, or with a near relative of his first wife's, or his +god-mother, or a divorced woman. Incest is punishable by payment +of one's wergeld or a fine or forfeiture of all his possessions. + +Grounds for divorce were mutual consent or adultery or desertion. + +Adultery was prohibited for men as well as for women. + +Prostitutes shall be driven out of the land or destroyed in the +land, unless they cease from their wickedness and make amends to +the utmost of their ability. + +Neither husband nor wife could sell family property without the +consent of the other. + +If there was a marriage agreement, it determined the wife's +"dower", which would be hers upon his death. Otherwise, if a man +who held his land in socage [owned it freely and not subject to a +larger landholder] died before his wife, she got half this +property. If there were minor children, she got all this +property. + +Inheritance of land to adult children was by the custom of the +land held. In some places, the custom was for the oldest son to +take it and in other places, the custom was for the youngest son +to take it. Often, the sons each took an equal portion by +partition, but the eldest son had the right to buy out the others +as to the chief messuage [dwelling and supporting land and +buildings] as long as he compensated them with property of equal +value. If there were no legitimate sons, then each daughter took +an equal share when she married. + +In London, one-third of the personal property of a decedent went +to his wife, one-third went to his children in equal shares, and +one-third he could bequeath as he wished. + +"If a man dies intestate, his lord shall have heriot [horses, +weapons, shields, and helmets] of his property according to the +deceased's rank and [the rest of] the property shall be divided +among his wife, children, and near kinsmen." + +A man could justifiably kill an adulterer in the act with the +man's wife, daughter, sister, or mother. In Kent, a lord could +fine any bondswoman of his who had become pregnant without his +permission [childwyte]. + +A man could kill in defense of his own life, the life of his +kinsmen, his lord, or a man whose lord he was. The offender was +"caught red-handed" if the blood of his victim was still on him. +He could also kill a thief in the act of carrying off his +property, e.g. the thief hand-habbende [a thief found with the +stolen goods in his hand] or the thief back-berend [a thief found +carrying stolen goods on his back]. Self-help was available for +hamsocne [breaking into a man's house to assault him]. + +Cattle theft could be dealt with only by speedy pursuit. The law +required that a person who had involuntarily lost possession of +cattle should at once raise the hue and cry. All his neighbors +were then under a legal duty to follow the trail of the cow to +its taker. + +Murder is punished by death as follows: +"If any man break the King's peace given by hand or seal, so that +he slay the man to whom the peace was given, both his life and +lands shall be in the King's power if he be taken, and if he +cannot be taken he shall be held an outlaw by all, and if anyone +shall be able to slay him he shall have his spoils by law." + +"If anyone by force break or enter any man's court or house to +slay or wound or assault a man, he shall pay 100 shillings to the +King as fine." + +"If anyone slay a man within his court or his house, himself and +all his substance are at the King's will, save the dower of his +wife if he have endowed her." + +No clergy may gamble or participate in games of chance. + +Measures and weights of goods for sale shall be correct. + +Every man shall have a warrantor to his market transactions and +no one shall buy and sell except in a market town; but he shall +have the witness of the portreeve or of other men of credit, who +can be trusted. + +No marketing, business, or hunting may be done on Sundays. + +No one may bind a free man, shave his head in derision, or shave +off his beard. Shaving was a sign of enslavement, which could be +incurred by not paying one's fines for offenses committed. + +"And if anyone is so rich or belongs to so powerful a kindred, +that he cannot be restrained from crime or from protecting and +harboring criminals, he shall be led out of his native district +with his wife and children, and all his goods, to any part of the +kingdom which the King chooses, be he noble or commoner, whoever +he may be - with the provision that he shall never return to his +native district. And henceforth, let him never be encountered by +anyone in that district; otherwise he shall be treated as a thief +caught in the act." + +The Laws for London were: + +"1. The gates called Aldersgate and Cripplegate were in charge of +guards. + +2. If a small ship came to Billingsgate, one half-penny was paid +as toll; if a larger ship with sails, one penny was paid. + +1) If a hulk or merchantman arrives and lies there, four +pence is paid as toll. + +2) From a ship with a cargo of planks, one plank is given as +toll. + +3) On three days of the week toll for cloth [is paid] on +Sunday and Tuesday and Thursday. + +4) A merchant who came to the bridge with a boat containing fish +paid one half-penny as toll, and for a larger ship one penny." + +5 - 8) Foreigners with wine or blubber fish or other goods and +their tolls. + +Foreigners were allowed to buy wool, melted fat [tallow], and +three live pigs for their ships. + +"3. If the town-reeve or the village reeve or any other official +accuses anyone of having withheld toll, and the man replies that +he has kept back no toll which it was his legal duty to pay, he +shall swear to this with six others and shall be quit of the +charge. + +1) If he declares that he has paid toll, he shall produce +the man to whom he paid it, and shall be quit of the charge. + +2) If, however, he cannot produce the man to whom he paid +it, he shall pay the actual toll and as much again and five +pounds to the King. + +3) If he vouches the tax-gatherer to warranty [asserting] +that he paid toll to him, and the latter denies it, he shall +clear himself by the ordeal and by no other means of proof. + +4. And we [the King and his counselors] have decreed that a man +who, within the town, makes forcible entry into another man's +house without permission and commits a breach of the peace of the +worst kind ... and he who assaults an innocent person on the +King's highway, if he is slain, shall lie in an unhonored grave. + +1) If, before demanding justice, he has recourse to +violence, but does not lose his life thereby, he shall pay five +pounds for breach of the King's peace. + +2) If he values the good-will of the town itself, he shall +pay us thirty shillings as compensation, if the King will grant +us this concession." + +5. No base coin or coin defective in quality or weight, foreign +or English, may be used by a foreigner or an Englishman. + +Swearing a false oath or perjury is punishable by loss of one's +hand or half one's wergeld. + + +- Judicial Procedure - + +There were courts for different geographical communities. + +In London, the Hustings Court met weekly and the folkmoot of all +citizens met three times a year. Each ward had a criminal [leet] +court. + +The vill [similar to village] was the smallest community for +judicial purposes. There were several vills in a hundred. + +A King's reeve presided over local criminal and peace and order +issues [leet jurisdiction] at monthly meetings of the hundred +court. However, summary procedure was followed when a criminal +was caught in the act or seized after a hue and cry. Every free +man over age 12 had to be in a hundred. The hundred was a +division of the shire [county]. Usually, the shire reeve, or +"sheriff", held each hundred court in turn. + +A shire [county] was a larger area of land, headed by an earl. +All persons residing in the shire met twice a year. They were +summoned together by the sheriff, who was appointed by the earl +and the King. This court was primarily concerned with issues of +the larger landowners. The earl usually took a third of the +profits of the shire court. + +A bishop sat on both the shire and the hundred court. + +"No one shall make distraint of property until he has appealed +for justice in the hundred court and shire court". + +This lawsuit between a son and his mother over land was heard at +a shire-meeting: +"Here it is declared in this document that a shire-meeting sat at +Aylton in King Cnut's time. There were present Bishop AEthelstan +and Earl Ranig and Edwin, the Earl's son, and Leofwine, +Wulfsige's son, and Thurkil the White; and Tofi the Proud came +there on the King's business, and Bryning the sheriff was +present, and AEthelweard of Frome and Leofwine of Frome and +Godric of Stoke and all the thegns of Herefordshire. Then Edwin, +Enneawnes son, came traveling to the meeting and sued his own +mother for a certain piece of land, namely Wellington and +Cradley. Then the bishop asked whose business it was to answer +for his mother, and Thurkil the White replied that it was his +business to do so, if he knew the claim. As he did not know the +claim, three thegns were chosen from the meeting [to ride] to the +place where she was, namely at Fawley, and these were Leofwine of +Frome and AEthelsige the Red and Winsige the seaman, and when +they came to her they asked her what claim she had to the lands +for which her son was suing her. Then she said that she had no +land that in any way belonged to him, and was strongly incensed +against her son, and summoned to her kinswoman, Leofflaed, +Thurkil's wife, and in front of them said to her as follows: +'Here sits Leofflaed, my kinswoman, to whom, after my death, I +grant my land and my gold, my clothing and my raiment and all +that I possess.' And then she said to the thegns: 'Act like +thegns, and duly announce my message to the meeting before all +the worthy men, and tell them to whom I have granted my land and +all my property, and not a thing to my own son, and ask them to +be witnesses of this.' And they did so; they rode to the meeting +and informed all the worthy men of the charge that she had laid +upon them. Then Thurkil the White stood up in the meeting and +asked all the thegns to give his wife the lands unreservedly +which her kinswoman had granted her, and they did so. Then +Thurkil rode to St. AEthelbert's minister, with the consent and +cognizance of the whole assembly, and had it recorded in a gospel +book." + +Courts controlled by lords had various kinds of jurisdiction +recognized by the King. "Sac and soc" included the right to deal +with land disputes. "Toll and team" included the right to levy +tolls on cattle sales and to hold a hearing for men accused of +stealing cattle. "Infangenetheof" gave power to do justice to a +thief caught red-handed. Sometimes this jurisdiction overlapped +that of the hundred court. + +The King decided the complaints and issues of the nobility. + + + + +Chapter 4 + +- The Times: 1066-1100 - + +William came from Normandy to conquer the nation. He claimed that +the former King, Edward, the Confessor, had promised the throne +to him when they were growing up together in Normandy if Edward +became King of England and had no children. William's men and +horses came in boats powered by oars and sails. The conquest did +not take long because of the superiority of his military +expertise to that of the English. He organized his army into +three groups: archers with bows and arrows, horsemen with swords +and stirrups, and footmen with hand weapons. Each group played a +specific role in a strategy planned in advance. The English army +was only composed of footmen with hand weapons and shields and +was inexperienced. + +Declaring the English who fought against him to be traitors, +William declared their land confiscated. As William conquered +this land, he parceled it out among the barons who fought with +him. They again made oaths of personal loyalty to him [fealty]. +They agreed to hold the land as his vassals with future military +services to him and receipt of his protection [homage]. They held +their land "of their lord", the King, by knight's service. The +King had "enfeoffed" them [given them a fief: a source of income] +with land. The theory that by right all land was the King's and +that land was held by others only at his gift and in return for +specified service was new to English thought. + +The Saxon governing class was destroyed. The independent power of +earls, who had been drawn from three great family houses, was +curtailed. Most died or fled the country. The people were +deprived of their most popular leaders, who were excluded from +all positions of trust and profit, especially the clergy of all +degrees. + +The barons subjugated the English who were on their newly +acquired land. There came to be a hierarchy of seisin [rightful +occupation] of land so that there could be no land without its +lord. Also, every lord had a superior lord with the King as the +overlord or supreme landlord. One piece of land may be held by +several tenures. For instance, A, holding by barons's service of +the King, may enfeoff B, a church, to hold of him on the terms of +praying for the souls of his ancestors [frank-almoin], and B may +enfeoff a freeman C to hold of the church by giving it a certain +percentage of his crops every year. There were about 200 barons +who held land directly of the King. Other fighting men were the +knights, who were tenants or subtenants of a baron. Knighthood +began as a reward for valor on the field of battle by the King or +a noble. Altogether there were about 5000 fighting men holding +land. + +The essence of Norman feudalism was that the land remained under +the lord, whatever the vassal might do. The lord had the duty to +defend the vassals on his land. The vassal owed military service +to the lord and also the service of attending the courts of the +hundred and the shire, which were courts of the King, +administering old customary law. They were the King's courts on +the principle that a crime anywhere was a breach of the King's +peace. + +This feudal bond based on occupancy of land rather than on +personal ties was uniform throughout the realm. No longer could a +man choose his lord and transfer his land with him to a new lord. + +This uniformity of land organization plus the new requirement of +every freeman to take an oath of loyalty directly to the King +that would supersede any oath to any other man gave the nation a +new unity. + +Each tenant, whether baron or subtenant, had to pay an "aid" in +money for ransom if his lord was captured in war, for the +knighthood of his lord's eldest son, and for the marriage of his +lord's eldest daughter. An heir of a tenant had to pay a heavy +"relief" on succession to his estate. If an heir was still a +minor or female, he or she passed into his lord's wardship, in +which the lord had guardianship of the heir and possession of the +estate, with all its profits. The estate of an heiress and her +land was generally sold to the highest bidder. + +English villeins on the land of the barons were subjugated into a +condition of servitude and became "tied to the land" so that they +could not leave the land without their lord's permission. They +held their land of their lord, the baron. To guard against +uprisings of the conquered people, the barons used villein labor +to build about a hundred great stone castles, with moats and +walls with towers around them, at easily defensible positions +such as hilltops all over the nation. + +The hall was the main building of the castle. The hall was used +for meals and meetings at which the lord received homages, +recovered fees, and held the view of frankpledge. There were +trestle tables which could be folded up, e.g. at night. At the +main table, the lord and his lady sat on chairs. Everyone else +sat on benches. Lighting was by oil lamps or candles on stands or +on wall fixtures. There was an open hearth in the middle of the +room, around which the floor was strewn with straw, on which +common folk could sleep at night. The residence of the lord's +family and guests was at a screened off area at the extreme end +of the hall or on a second floor reachable by an outside +stairway. Chests stored garments and jewels. Iron keys and locks +were used for chests and doors. The great bed had a wooden frame +and springs made of interlaced rope or strips of leather. It was +covered with a feather mattress, sheets, quilts, fur covers, and +pillows. Drapery around the bed kept out cold drafts and provided +privacy. The lord's personal servants slept nearby on benches or +trundle beds. There was a water bowl for washing in the morning. +A chamber pot was kept under the bed for nighttime use. Hay was +used as toilet paper. Sometimes there was a reservoir of water on +an upper level with pipes carrying the water below. There were +stools on which to sit. Chests and cupboards stored spices and +plate. One-piece iron shears were available to cut cloth. Hand +held spindles were used for weaving. Knights performing castle +guard duty slept at their posts in the walls. There were toilets +in the walls with a pit or shaft down the exterior wall. There +was also a well, a chapel area, a cellar for provisions, and +dungeons for prisoners. Stables and offices were sometimes built +around the courtyard of the hall. Bathing was done in a wooden +tub located in the garden in the summer and indoors near the fire +in winter. The great bed and bath tub were taken on trips with +the lord. + +Markets grew up outside castle walls. Any trade on a lord's land +was subject to "passage", a payment on goods passing through, +"stallage", a payment for setting up a stall or booth in a +market, and "pontage", a payment for taking goods across a +bridge. + +Norman customs were adopted by the nation. Everyone had a +permanent surname indicating parentage, place of birth, or +residence and this name was passed on to one's son. There were +two meals a day: dinner and supper. The Normans washed their +hands before and after meals and ate with their fingers. Feasts +were stately occasions with costly tables and splendid dress. The +Norman wore a cap or bonnet on his head, a shirt, a doublet over +his shirt, a cloak with wide sleeves, hose and shoes. There were +many colors worn, especially the doublet, which was made exactly +to fit. Surcoats of royalty almost swept the feet while those of +others reached scarcely half the way, so as not to impede them in +their work. The robe or mantle of the King was embroidered with +gold and lined with furs and swept the ground. There were +practical jokes, innocent frolics, and witty verbal debating with +repartee. A true and gentle knight showed devotion towards the +ladies. The Norman gentleman wore his sword and his retainers +carried spear and shield. They were clean-shaven. Anglo-Saxon men +were compelled to shave their beards and whiskers from their +faces, but they kept their custom of long hair flowing from their +heads. + +Those few coerls whose land was not taken by a baron remained +free and held their land "in socage" and became known as sokemen. + +Great stone cathedrals were built in fortified towns for +William's Norman bishops, who replaced the English bishops. Most +of the existing and new monasteries functioned as training +grounds for scholars, bishops, and statesmen rather than as +retreats from the world's problems to the security of religious +observance. The number of monks grew as the best minds were +recruited into the monasteries. + +William made the church subordinate to him. Bishops were elected +only subject to the King's consent. Homage was exacted from them. +William imposed knight's service on bishoprics, abbeys, and +monasteries, which was commuted to a monetary amount. Bishops had +to attend the King's court. Bishops could not leave the realm +without the King's consent. No royal tenant or royal servant +could be excommunicated, nor his lands be placed under interdict, +without the King's consent. Interdict could demand, for instance, +that the church be closed and the dead buried in unconsecrated +ground. No church rules could be made without his agreement to +their terms. No letters from the Pope could be received without +the King's permission. + +Men continued to give land to the church for their souls, such as +this grant which started the town of Sandwich: +"William, King of the English, to Lanfranc the Archbishop and +Hugoni de Montfort and Richard son of Earl Gilbert and Haimo the +sheriff and all the thegns of Kent, French and English, greeting. +Know ye that the Bishop of Bayeux my brother for the love of God +and for the salvation of my soul and his own, has given to St. +Trinity all houses with their appurtances which he has at +Sandwich and that he has given what he has given by my license." + +When the land was all divided out, the barons had about 3/7 of it +and the church 2/7. The King retained 2/7 for himself and his +household, on which he built many royal castles and hundreds of +manor houses throughout the nation. He built the White Tower in +London. He and his household slept on the upper floors and there +was a chapel on the second floor and a dungeon below the first +floor for prisoners. The other castles were often built at the +old fortification burhs of Alfred. Barons and earls had +castle-guard duty in them. William was constantly moving about +the land from castle to castle, where he entertained his magnates +and conducted public business, such as deciding disputes about +ownership of land. Near these castles and other of his property, +he designated many areas as royal hunting forests. Anyone who +killed a deer in these forests was mutilated, for instance by +blinding. People living within the boundaries of the designated +forestland could no longer go into nearby woods to get meat or +honey, dead wood for firing, or live wood for building. +Swineherds could no longer drive pigs into the these woods to eat +acorns they beat down from oak trees. Making clearings and +grazing livestock in the designated forestland were prohibited. +Most of the nation was either wooded or bog at this time. + +London was a walled town of one and two story houses made of mud, +twigs, and straw, with thatched roofs. There were churches, a +goods market, a fish market, quays on the river, and a bridge +over the river. Streets probably named by this time include Bread +Street, Milk Street, Honey Lane, Wood Street, and Ironmonger +Lane. Fairs and games were held outside the town walls in a field +called "Smithfield". The freemen were a small percentage of +London's population. There was a butchers' guild, a pepperers' +guild, a goldsmiths' guild, the guild of St. Lazarus, which was +probably a leper charity, the Pilgrims' guild, which helped +people going on pilgrimages, and four bridge guilds, probably for +keeping the wooden London Bridge in repair. Men told the time by +sundials, some of which were portable and could be carried in +one's pocket. London could defend itself, and a ringing of the +bell of St. Paul's Church could shut every shop and fill the +streets with armed horsemen and soldiers led by a soldier +port-reeve. + +William did not interfere with land ownership in London, but +recognized it's independence as a borough in this writ: +"William the King greets William, Bishop of London, and Gosfrith +the portreeve, and all the burgesses of London friendly. Know +that I will that you be worthy of all the laws you were worthy of +in the time of King Edward. And I will that every child shall be +his father's heir after his father's day. And I will not suffer +any man to do you wrong. God preserve you." + +So London was not subjected to the Norman feudal system. It had +neither villeins nor slaves. Whenever Kings asserted authority +over it, the citizens reacted until the King "granted" a charter +reaffirming the freedoms of the city and its independence. + +William was a stern and fierce man and ruled as an autocrat by +terror. Whenever the people revolted or resisted his mandates, he +seized their lands or destroyed the crops and laid waste the +countryside and so that they starved to death. He had a strict +system of policing the nation. Instead of the Anglo-Saxon +self-government throughout the districts and hundreds of resident +authorities in local courts, he aimed at substituting for it the +absolute rule of the barons under military rule so favorable to +the centralizing power of the Crown. He used secret police and +spies and the terrorism this system involved. This especially +curbed the minor barons and preserved the public peace. + +The English people were disarmed. Curfew bells were rung at 7:00 +PM when everyone had to remain in their own dwellings on pain of +death and all fires and candles were to be put out, This +prevented any nightly gatherings, assassinations, or seditions. +Order was brought to the kingdom so that no man dare kill +another, no matter how great the injury he had received. William +extended the King's peace on high roads to include the whole +nation. Any individual of any rank could travel from end to end +of the land unharmed. Before, prudent travelers would travel only +in groups of twenty. + +William's reign was a time of tentative expedients and simple +solutions. He administered by issuing writs with commands or +prohibitions. These were read aloud by the sheriffs in the county +courts and other locations. Administration was by the personal +servants of his royal household, such as the Chancellor, steward, +butler, chamberlain, and constable. The constable was in charge +of the knights of the royal household. Under pressure from the +ecclesiastical judges, William replaced the death penalty by that +of the mutilation of blinding, chopping off hands, and castrating +offenders. Castration was the punishment for rape. But these +mutilations usually led to a slow death by gangrene. + +The Normans used the Anglo-Saxon concepts of jurisdictional +powers. Thus when William confirmed "customs" to the abbot of +Ely, these were understood to include the following: 1) sake and +soke - the right to hold a court of private jurisdiction and +enjoy its profits, 2) toll - a payment in towns, markets, and +fairs for goods and chattel bought and sold, 3) team - persons +might be vouched to warranty in the court, the grant of which +made a court capable of hearing suits arising from the transfer +of land, 4) infangenthef - right of trying and executing thieves +on one's land, 4) hamsocne, 5) grithbrice - violation of the +grantees' special peace, for instance that of the sheriff, 6) +fihtwite - fine for a general breach of the peace, 7) fyrdwite - +fine for failure to appear in the fyrd [national militia]. + +Every shire had at least one burh, or defensible town. Kings had +appointed a royal moneyer in each to mint silver coins for local +use. On one side was the King's head in profile and on the other +side was the name of the moneyer. When a new coinage was issued, +all moneyers had to go to London to get the new dies. William's +head faced frontally on his dies, instead of the usual profile +used by former Kings. + +William held and presided over his council three times a year, as +was the custom, at Easter, Christmas, and Whitsuntide. This was +an advisory council and consisted of earls, greater barons, +officers of the King's household, archbishops, and bishops. It's +functions were largely ceremonial. William's will was the motive +force which under lay all its action. The justiciar was the head +of all legal matters and represented the King in his absence from +the realm. The Treasurer was responsible for the collection and +distribution of revenue. The Chancellor headed the Chancery and +the chapel. + +Sheriffs became powerful figures as the primary agents for +enforcing royal edicts. They collected the royal taxes, executed +royal justice, and controlled the hundred and shire courts. They +also took part in the keeping of castles and often managed the +estates of the King. Most royal writs were addressed to the +sheriff and shire courts. + +Royal income came from customary dues, profits of coinage and of +justice, and revenues from the King's own estates. A threat of a +Viking invasion caused William to reinstitute the danegeld tax. +To impose this uniformly, he sent commissioners to conduct +surveys by sworn verdicts of appointed groups of local men. A +detailed survey of land holdings and the productive worth of each +was made and compiled as the "Doomsday Book" in 1086. For +instance, one estate had "on the home farm five plough teams: +there are also 25 villeins and 6 cotters with 14 teams among +them. There is a mill worth 2s. a year and one fishery, a church +and four acres of meadow, wood for 150 pigs and two stone +quarries, each worth 2s. a year, and two nests of hawks in the +wood and 10 slaves." This estate was deemed to be worth 480s. a +year. + +Laxton "had 2 carucates of land [assessed] to the geld. [There +is] land for 6 ploughs. There Walter, a man of [the lord] +Geoffrey Alselin's has 1 plough and 22 villeins and 7 bordars [a +bordar had a cottage and a small amount land in return for +supplying small provisions to his lord] having 5 ploughs and 5 +serfs and 1 female serf and 40 acres of meadow. Wood [land] for +pannage [foraging by pigs] 1 league in length and half a league +in breadth. In King Edward's time it was worth 9 pounds; now [it +is worth] 6 pounds." + +That manor of the town of Coventry which was individually held +was that of the Countess of Coventry, who was the wife of the +earl of Mercia. "The Countess held in Coventry. There are 5 +hides. The arable land employs 20 ploughs. In the demesne lands +there are 3 ploughs and 7 ploughs. In the demesne lands there are +3 ploughs and 7 bondmen. There are 50 villeins and 12 bordars +with 20 ploughs. The mill there pay[s] 3 shillings. The woodlands +are 2 miles long and the same broad. In King Edward's time and +afterwards, it was worth 22 pounds [440 s.], now only 11 pounds +by weight. These lands of the Countess Godiva Nicholas holds to +farm of the King." + +The survey shows a few manors and monasteries owned a salt-house +or salt-pit in the local saltworks, from which they were entitled +to obtain salt. + +This survey resulted in the first national tax system of about +6s. per hide of land. + +The courts of the King and barons became schools of chivalry +wherein seven year old noble boys became as pages or valets, wore +a dagger and waited upon the ladies of the household. At age +fourteen, they were advanced to squires and admitted into more +familiar association with the knights and ladies of the court. +They perfected their skills in dancing, riding, fencing, hawking, +hunting and jousting. Before knighthood, they played team sports +in which one team tried to put the other team to rout. A knight +usually selected a wife from the court at which he grew up. + +The eldest son began to succeed to the whole of the lands in all +military tenures. + +Astrologers resided with the families of the barons. People went +to fortune tellers' shops. There was horse racing and steeple +races for recreation. + +The state of medicine is indicated by this medical advice brought +to the nation by William's son after treatment on the continent: + +"If thou would have health and vigor +Shun cares and avoid anger. +Be temperate in eating +And in the use of wine. +After a heavy meal +Rise and take the air +Sleep not with an overloaded stomach +And above all thou must +Respond to Nature when she calls." + +Many free sokemen were caught up in the subjugation by baron +landlords and were reduced almost to the condition of the unfree +villein. The services they performed for their lords were often +indistinguishable. This formed a new bottom class as the +population's percentage of slaves declined dramatically. However, +the free man still had a place in court proceedings which the +unfree villein did not. + +William allowed Jewish traders to follow him from Normandy and +settle in separate sections of the main towns. They loaned money +for the building of castles and cathedrals. Christians were not +allowed by the church to engage in this usury. The Jews could not +become citizens nor could they have standing in the local courts. +Instead, a royal justiciar secured justice for them. The Jews +could practice their own religion. + +William was succeeded as King by his son William II, who imposed +on many of the customs of the nation to get more money for +himself. + + +- The Law - + +The Norman conquerors brought no written law, but affirmed the +laws of the nation. Two they especially enforced were: + +Anyone caught in the act of digging up the King's road, felling a +tree across it, or attacking someone so that his blood spilled on +it shall pay a fine to the King. + +All freemen shall have a surety who would hand him over to +justice for his offenses or pay the damages or fines due. Also, +the entire hundred was the ultimate surety for murder and would +have to pay a "murdrum" fine. + +William made these decrees: + +No cattle shall be sold except in towns and before three +witnesses. + +For the sale of ancient chattels, there must be a surety and a +warrantor. + +No man shall be sold over the sea. (This ended the slave trade at +the port of Bristol.) + +The death penalty for persons tried by court is abolished. + + +- Judicial Procedure - + +"Ecclesiastical" courts were created for bishops to preside over +issues concerning the cure of souls and criminal cases in which +the ordeal was used. When William did not preside over this +court, an appeal could be made to him. + +The hundred and shire courts now sat without a bishop and handled +only "civil" cases. They were conducted by the King's own +appointed sheriff. Only freemen and not bound villeins had +standing in this court. + +William held court or sent the Justiciar or commissioners to hold +his Royal Court [Curia Regis] in the various districts. The +commissioner appointed groups of local men to give a collective +verdict upon oath for each trial he conducted. A person could +spend months trying to catch up with the Royal Court to present a +case. + +William allowed, on an ad hoc basis, certain high-level people +such as bishops and abbots and those who made a large payment, to +have land disputes decided by an inquiry of recognitors. + +A dispute between a Norman and an English man over land or a +criminal act could be decided by trial by battle. Each combatant +first swore to the truth of his cause and undertook to prove by +his body the truth of his cause by making the other surrender by +crying "craven" [craving forgiveness]. Although this trial was +thought to reflect God's will, it favored the physically fit and +adept person. + +London had its own traditions. All London citizens met at its +folkmoot, which was held three times a year to determine its +public officers, to raise matters of public concern, and to make +ordinances. It's criminal court had the power of outlawry as did +the shire courts. Trade, land, and other civil issues were dealt +with by the Hustings Court, which met every Monday in the +Guildhall. The city was divided into wards, each of which was +under the charge of an elected alderman [elder man]. (This was +not a popular election.) The aldermen had special knowledge of +the law and a duty to declare it at the Hustings Court. Each +alderman also conducted wardmoots in his ward and decided +criminal and civil issues between its residents. Within the wards +were the guilds of the city. + +William made the hundred responsible for paying a murder fine for +the murder of any of his men, if the murderer was not apprehended +by his lord within a few days. The reaction to this was that the +murderer mutilated the corpse to make identification of +nationality impossible. So William ordered that every murder +victim was assumed to be Norman unless proven English. This began +a court custom in murder cases of first proving the victim to be +English. + +The Royal Court decided this case: +"At length both parties were summoned before the King's court, in +which there sat many of the nobles of the land of whom Geoffrey, +bishop of Coutances, was delegated by the King's authority as +judge of the dispute, with Ranulf the Vicomte, Neel, son of Neel, +Robert de Usepont, and many other capable judges who diligently +and fully examined the origin of the dispute, and delivered +judgment that the mill ought to belong to St. Michael and his +monks forever. The most victorious King William approved and +confirmed this decision." + + + + +Chapter 5 + +- The Times: 1100-1154 - + +King Henry I, son of William of Normandy, furthered peace between +the Normans and native English by his marriage to a niece of King +Edward the Confessor called Matilda. She married him on condition +that he grant a charter of rights undoing some practices of the +past reigns of William I and William II. Peace was also furthered +by the fact that Henry I had been born in England and English was +his native tongue. Private wars were now replaced by mock +battles. + +Henry was a shrewd judge of character and of the course of +events, cautious before taking action, but decisive in carrying +out his plans. He was faithful and generous to his friends. He +showed a strong practical element of calculation and foresight. +He was intelligent and a good administrator. He had an efficient +intelligence gathering network and an uncanny knack of detecting +hidden plans before they became conspiratorial action. He made +many able men of inferior social position nobles, thus creating a +class of career judges and administrators in opposition to the +extant hereditary aristocracy. He loved books and built a palace +at Oxford to which he invited scholars for lively discussion. + +Queen Matilda served as regent in Henry's absence. She was +literate and a literary patron. Her compassion was great and her +charities extensive. She founded a hospital and had new roads and +bridges built. + +Henry issued charters restoring customs which had been +subordinated to royal impositions by previous Kings, which set a +precedent for later Kings. His coronation charter describes +certain property rights he restored after the oppressive reign of +his brother. + +"Henry, King of the English, to Samson the bishop, and Urse of +Abbetot, and to all his barons and faithful vassals, both French +and English, in Worcestershire, greeting. + +[1.] Know that by the mercy of God and by the common counsel of +the barons of the whole kingdom of England I have been crowned +king of this realm. And because the kingdom has been oppressed by +unjust exactions, I now, being moved by reverence towards God and +by the love I bear you all, make free the Church of God; so that +I will neither sell nor lease its property; nor on the death of +an archbishop or a bishop or an abbot will I take anything from +the demesne of the Church or from its vassals during the period +which elapses before a successor is installed. I abolish all the +evil customs by which the kingdom of England has been unjustly +oppressed. Some of those evil customs are here set forth. + +[2.] If any of my barons or of my earls or of any other of my +tenants shall die his heir shall not redeem his land as he was +wont to do in the time of my brother [William II (Rufus)], but he +shall henceforth redeem it by means of a just and lawful +'relief`. Similarly the men of my barons shall redeem their lands +from their lords by means of a just and lawful 'relief`. + +[3.] If any of my barons or of my tenants shall wish to give in +marriage his daughter or his sister or his niece or his cousin, +he shall consult me about the matter; but I will neither seek +payment for my consent, nor will I refuse my permission, unless +he wishes to give her in marriage to one of my enemies. And if, +on the death of one of my barons or of one of my tenants, a +daughter should be his heir, I will dispose of her in marriage +and of her lands according to the counsel given me by my barons. +And if the wife of one of my tenants shall survive her husband +and be without children, she shall have her dower and her +marriage portion [that given to her by her father], and I will +not give her in marriage unless she herself consents. + +[4.] If a widow survives with children under age, she shall have +her dower and her marriage portion, so long as she keeps her body +chaste; and I will not give her in marriage except with her +consent. And the guardian of the land, and of the children, shall +be either the widow or another of their relations, as may seem +more proper. And I order that my barons shall act likewise +towards the sons and daughters and widows of their men. + +[5.] I utterly forbid that the common mintage [a forced levy to +prevent loss tothe King from depreciation of the coinage], which +has been taken from the towns and shires, shall henceforth be +levied, since it was not so levied in the time of King Edward +[the Confessor, before the Norman conquest]. If any moneyer or +other person be taken with false money in his possession, let +true justice be +visited upon him. + +[6.] I forgive all pleas and all debts which were owing to my +brother [William II], except my own proper dues, and except those +things which were agreed to belong to the inheritance of others, +or to concern the property which justly belonged to others. And +if anyone had promised anything for his heritage, I remit it, and +I also remit all 'reliefs` which were promised for direct +inheritance. + +[7.] If any of my barons or of my men, being ill, shall give away +or bequeath his movable property, I will allow that it shall be +bestowed according to this desires. But if, prevented either by +violence or through sickness, he shall die intestate as far as +concerns his movable property, his widow or his children, or his +relatives or one his true men shall make such division for the +sake of his soul, as may seem best to them. + +[8.] If any of my barons or of my men shall incur a forfeit, he +shall not be compelled to pledge his movable property to an +unlimited amount, as was done in the time of my father [William +I] and my brother; but he shall only make payment according to +the extent of his legal forfeiture, as was done before the time +of my father and in the time of my earlier predecessors. +Nevertheless, if he be convicted of breach of faith or of crime, +he shall suffer such penalty as is just. + +[9.] I remit all murder-fines which were incurred before the day +on which I was crowned King; and such murder-fines as shall now +be incurred shall be paid justly according to the law of King +Edward [by sureties]. + +[10.] By the common counsel of my barons I have retained the +forests in my own hands as my father did before me. + +[11.] The knights, who in return for their estates perform +military service equipped with a hauberk [long coat] of mail, +shall hold their demesne lands quit of all gelds [money payments] +and all work; I make this concession as my own free gift in order +that, being thus relieved of so great a burden, they may furnish +themselves so well with horses and arms that they may be properly +equipped to discharge my service and to defend my kingdom. + +[12.] I establish a firm peace in all my kingdom,, and I order +that this peace shall henceforth be kept. + +[13.] I restore to you the law of King Edward together with such +emendations to +it as my father [William I] made with the counsel of his barons. + +[14.] If since the death of my brother, King William [II], anyone +shall have seized any of my property, or the property of any +other man, let him speedily return the whole of it. If he does +this no penalty will be exacted, but if he retains any part of it +he shall, when discovered, pay a heavy penalty to me. + +Witness: Maurice, bishop of London; William, +bishop-elect of Winchester; Gerard, bishop of Herefore; Henry the +earl; Simon the earl; Walter Giffard; Robert of +Montfort-sur-Risle; Roger Bigot; Eudo the steward; Robert, son of +Haimo; and Robert Malet. + +At London when I was crowned. Farewell." + +Henry took these promises seriously, which resulted in peace and +justice. Royal +justice became a force to be reckoned with by the multiplication +of justices. Henry had a great respect for legality and the forms +of judicial action. He became known as the "Lion of Justice". + +The center of government was a collection of tenants-in-chief +whose feudal duty included attendance when summoned and certain +selected household servants of the King. When it met for +financial purposes, Henry called it the Exchequer and it became a +separate body. It received yearly from the sheriffs of the +counties taxes and fines due to the Crown and also the income +from royal estates, which were then comingled. Henry brought +sheriffs under his strict control, free from influence by the +barons. + +A woman could inherit a fief if she married. The primary way for +a man to acquire land was to marry an heiress. If a man were in a +lower station than she was, he had to pay for his new social +status as well as have royal permission. A man could also be +awarded land which had escheated to the King. If a noble woman +wanted to hold land in her own right, she had to make a payment +to the King. Many widows bought their freedom from guardianship +or remarriage from the King. Women whose husbands were at war +also ran the land of their husbands. + +Barons were lords of large holdings of farmland called "manors". +Many of the lesser barons left their dark castles to live in +semi-fortified stone houses, which usually were of two rooms with +rug hangings for drafts, as well as the sparse furniture that had +been common to the castle. There were shuttered windows to allow +in light, but which also let in the wind and rain when open. The +roof was of thatch or narrow overlapping wood shingles. The floor +was strew with hay and there was a hearth near the center of the +floor, with a louvered smoke hole in the timber roof for escape +of smoke. There were barns for grain and animals. Beyond this +area was a garden, orchard, and sometimes a vineyard. The area +was circumscribed by a moat over which there was a drawbridge to +a gatehouse. + +The smaller room was the lord and lady's bedroom. It had a +canopied bed, chests for clothing, and wood frames on which +clothes could be hung. Life on the manor revolved around the +larger room, or hall, where the public life of the household was +passed. There, meals were served. The daily diet typically +consisted of milk, soup, porridge, fish, vegetables, and bread. +Open hospitality accompanied this communal living. There was +little privacy. Manor household villeins carried the lord's +sheaves of grain to the manor barn, shore his sheep, malted his +grain, and chopped wood for his fire. At night some slept on the +floor of the hall and others, cottars and bordars, had there own +dwellings nearby. + +Games with dice were sometimes played. In winter, youths +ice-skated with bones fastened to their shoes. They propelled +themselves by striking the ice with staves shod with iron. On +summer holydays, they exercised in leaping, shooting with the +bow, wrestling, throwing stones, and darting a thrown spear. The +maidens danced with timbrels. + +The cold, indoors as well as outdoors, necessitated that people +wear ample and warm garments. Men and women of position dressed +in long full cloaks reaching to their feet, sometimes having +short full sleeves. The cloak generally had a hood and was +fastened at the neck with a brooch. Underneath the cloak was a +simple gown with sleeves tight at the wrist but full at the +arm-hole, as if cut from the same piece of cloth. A girdle or +belt was worn at the waist. When the men were hunting or working, +they wore gown and cloak of knee length. Humble folk also wore +knee-length garments, with a band about the waist. + +There was woodland, common pasture land, arable land, meadow +land, and wasteland on the manor. The arable land was alloted to +the villeins in strips to equalize the best and worst land and +their distance from the village where the villeins lived. There +was three way rotation of wheat or rye, oats or barley, and +fallow land. Cows, pigs, sheep, and fowl were kept. The meadow +was allocated for hay for the lord's household and each +villein's. The villeins held land of their lord for various +services such as agricultural labor or raising domestic animals. +The villeins, who worked the farm land as their ancestor ceorls +had, now were so bound to the land that they could not leave or +marry or sell an ox without their lord's consent. If the manor +was sold, the villein was sold as a part of the manor. The +villeins worked about half of their time on their lord's fields +[his demesne land], which was about a third of the farmland. This +work was primarily to gather the harvest and to plough with oxen +and to sow in autumn and Lent. Work lasted from sunrise to sunset +and included women and children. Life expectancy was probably +below thirty-five. + +The villeins of a manor elected a reeve to communicate their +interests to their lord, usually through a bailiff, who directed +the labor. Sometimes there was a steward in charge of several of +a lord's manors, who also held the manorial court for the lord. +The steward held his land of the lord by serjeanty, which was a +specific service to the lord. Other serjeanty services were +helping in the lord's hunting expeditions and looking after his +hounds. + +The majority of manors were co-extensive with a single village. +The villeins lived in the village in one-room huts enclosed by a +wood fence, hedge, or stone wall. In this yard was a garden of +onions, leeks, mustard, peas, beans, and cabbage and apple, pear, +cherry, and plum trees, and bee-hives. The hut had a high-pitched +roof thatched with reeds or straw and low eaves reaching almost +to the ground. The walls are built of wood overlaid with mud or +plaster. Narrow slits in the walls serve as windows. Which have +shutters and are sometimes covered with coarse cloth. The floor +is dirt and may be covered with straw or rushes for warmth. At +one end of the hut was the family living area, where the family +ate on a collapsible trestle table with stools or benches and +used drinking horns and wooden bowls and spoons, along with jars +and other earthenware. Their usual food was beans and peas, and +some bacon, butter, cheese, and vegetables, bread made from a +mixture of wheat, barley, and rye flour, and occasionally fish. +They drank water, milk, buttermilk, apple cider, mead, and ale +made from barley malt. Cooking was done over the fire with iron +tripod and kettle. Most of the food was boiled. They slept on the +floor or on benches. The villein regarded his bed area as the +safest place in the house, as did people of all ranks, and kept +his treasures there, which included his farm implements. Around +the room are a couple of chests to store salt, meal, flour, a +broom made of birch trigs, some woven baskets, the distaff and +spindle for spinning, and a simple loom for weaving. All clothes +were homemade. The man wore a tunic of coarse linen embroidered +on the sleeves and breast, around with he wore a girdle of rope, +leather, or folded cloth. Sometimes he also wore breeches +reaching below the knee. The woman wore a loose short-sleeved +gown, under which was a tight fitting garment with long +loose sleeves. If they wore shoes, they were clumsy and patched. +Some wore a hood-like cap. At the other end of the hut were the +horses, cattle, pigs, and poultry. In the middle is a wood fire +burning on a hearthstone. The smoke rises through a hole in the +roof. + +The villein and his wife and children worked from daybreak to +dusk in the fields, except for Sundays and holydays. He had +certain land to farm for his own family, but had to have his +grain milled at his lord's mill at the lord's price. He had to +retrieve his wandering cattle from his lord's pound at the lord's +price. He was expected to give a certain portion of his own +produce, whether grain or livestock, to his lord. However, if he +fell short, he was not put off his land. When his daughter or son +married, he had to pay a "merchet" to his lord. He could not have +a son educated without the lord's permission, and this usually +involved a fee to the lord. His best beast at his death, or +"heriot", went to his lord. If he wanted permission to live +outside the manor, he paid "chevage" yearly. Woodpenny was a +yearly payment for gathering dead wood. Sometimes a "tallage" +payment was taken at the lord's will. The villein's oldest son +usually took his place on his land and followed the same customs +with respect to the lord. For an heir to take his dead ancestor's +land, the lord demanded payment of a "relief", which was usually +the amount of a year's income but sometimes as much as the heir +was willing to pay to have the land. The usual aids were also +expected to be paid. + +Markets were about twenty miles apart because a farmer from the +outlying area could then carry his produce to the nearest town +and walk back again in the daylight hours of one day. In this +local market he could buy foodstuffs, livestock, household goods, +fuels, skins, and certain varieties of cloth. + +The cloth was crafted by local weavers, dyers, and fullers, who +made the cloth full and dense. Some cloth was sold to tailors to +make into clothes. Butchers bought, slaughtered, and cut up +animals to sell as meat. Some was sold to cooks, who sold +prepared foods. The hide was bought by the tanner to make into +leather. The leather was sold to shoemakers and glovemakers. +Millers bought harvested grain to make into flour. Flour was sold +to bakers to make into breads. Wood was bought by carpenters and +by coopers, who made barrels. Tilers, oil-makers and rope-makers +also bought raw material to make into finished goods for sale. +Smiths, locksmiths, and wheelwrights worked over their hot fires. + + +The nation grew with the increase of population, the development +of towns, and the growing mechanization of craft industries. +There were watermills for crafts in all parts of the nation. +There were also some iron furnaces. + +Stone bridges over rivers could accommodate one person traveling +by foot or by horseback and were steep and narrow. + +Merchants, who had come from the low end of the knightly class or +high end of the villein class, settled around the open market +areas, where main roads joined. They had plots narrow in frontage +along the road and deep. Their shops faced the road, with living +space behind or above their stores. Town buildings were typically +part stone and part timber as a compromise between fire +precautions and expense. + +Towns, as distinct from villages, had permanent markets. As towns +grew, they paid a fee to obtain a charter for self-government +from the King giving the town judicial and commercial freedom. +These various rights were typically expanded in future times. +Such a town was called a "borough" and its citizens or +land-owning freemen "burgesses". They were literate enough to do +accounts. Selling wholesale could take place only in a borough. +The King assessed a tallage [ad hoc tax] usually at ten per cent +of property or income. Henry standardized the yard as the length +of his own arm. + +London had at least twenty wards, each governed by its own +alderman. Most of them were named after people. London was ruled +by sixteen families linked by business and marriage ties. These +businesses supplied luxury goods to the rich and included the +goldsmiths [sold cups, dishes, girdles, mirrors, purses knives, +and metal wine containers with handle and spout], vintners [wine +merchants], mercers [sold textiles, haberdashery, combs, mirrors, +knives, toys, spices, ointments, and drugs], drapers, and +pepperers, which later merged with the spicerers to become the +"grocers". These businesses had in common four fears: royal +interference, foreign competition, displacement by new crafts, +and violence by the poor and escaped villeins who found their way +to the city. + +London in Middlesex county received this charter for +self-government and freedom from the financial and judicial +organization of the shire: + +"Henry, by the grace of God, King of England, to the Archbishop +of Canterbury and the bishops, abbots, earls, barons, justiciars, +sheriffs and all his loyal subjects, both French and English, +throughout the whole of England - greeting. + +1. Be it known to you that I have granted Middlesex to my +citizens of London to be held on lease by them and their heirs of +me and my heirs for 300 pounds paid by tale [yearly], upon these +terms: that the citizens themselves [may] appoint a sheriff, such +as they desire, from among themselves, and a justiciar, such as +they desire, from among themselves, to safeguard the pleas of my +Crown [criminal cases] and to conduct such pleas. And there shall +be no other justiciar over the men of London. + +2. And the citizens shall not take part in any [civil] case +whatsoever outside the City walls. + +1) And they shall be exempt from the payment of scot and +danegeld and the murder fine. + +2) And none of them shall take part in trial by combat. + +3) And if any of the citizens has become involved in a plea +of the Crown, he shall clear himself, as a citizen of London, by +an oath which has been decreed in the city. + +4) And no one shall be billeted [lodged in a person's house +by order of the King] within the walls of the city nor shall +hospitality be forcibly exacted for anyone belonging to my +household or to any other. + +5) And all the citizens of London and all their effects +[goods] shall be exempt and free, both throughout England and in +the seaports, from toll and fees for transit and market fees and +all other dues. + +6) And the churches and barons and citizens shall have and +hold in peace and security their rights of jurisdiction [in civil +and criminal matters] along with all their dues, in such a way +that lessees who occupy property in districts under private +jurisdiction shall pay dues to no one except the man to whom the +jurisdiction belongs, or to the official whom he has placed +there. + +7) And a citizen of London shall not be amerced [fined by a +court when the penalty for an offense is not designated by +statute] to forfeiture of a sum greater than his wergeld, [hereby +assessed as] 100 shillings, in a case involving money. + +8) And further there shall be no miskenning [false plea +causing a person to be summoned to court] in a husting or in a +folkmoot [meeting of the community], or in any other court within +the City. + +9) And the Hustings [court] shall sit once a week on Monday. + +10) And I assure to my citizens their lands and the property +mortgaged to them and the debts due to them both within the City +and without. + +11) And with regard to lands about which they have plead in +suit before me, I shall maintain justice on their behalf, +according to the law of the City. + +12) And if anyone has exacted toll or tax from citizens of +London, the citizens of London within the city shall [have the +right to] seize [by process of law] from the town or village +where the toll or tax was exacted a sum equivalent to that which +the citizen of London gave as toll and hence sustained as loss. + +13) And all those who owe debts to citizens shall pay them or +shall clear themselves in London from the charge of being in debt +to them. + +14) But if they have refused to pay or to come to clear +themselves, then the citizens to whom they are in debt shall +[have the right to] seize [by process of law] their goods +[including those in the hands of a third party, and bring them] +into the city from the [town, village or] county in which the +debtor lives [as pledges to compel appearance in court]. + +15) And the citizens shall enjoy as good and full hunting +rights as their ancestors ever did, namely, in the Chilterns, in +Middlesex, and in Surrey. + +Witnessed at Westminster." + +The above right not to take part in any case outside the city +relieved London citizens from the burden of traveling to wherever +the King's court happened to be, the disadvantage of not knowing +local customs, and the difficulty of speaking in the language of +the King's court rather than in English. The right of redress for +tolls exacted was new because the state of the law was that the +property of the inhabitants was liable to the King or superior +lord for the common debt. + +Craft guilds grew up in the towns, such as the tanners at Oxford, +which later merged with the shoemakers into a cordwainers' guild. +There were weavers' guilds in several towns given royal sanction. +They paid an annual tribute and were given a monopoly of weaving +cloth within a radius of several miles. Guild rules covered +attendance of the members at church services, the promotion of +pilgrimages, celebration of masses for the dead, common meals, +relief of poor brethren and sisters, the hours of labor, the +process of manufacture, the wages of workmen, and technical +education. + +Newcastle-on-Tyne was recognized by the King as having certain +customs, so the following was not called a grant: + +"These are the laws and customs which the burgesses of Newcastle +upon Tyne had in the time of Henry King of England and ought to +have. + +[1] Burgesses can distrain [take property of another until the +other performs his obligation] upon foreigners within, or without +their own market, within or without their own houses, and within +or without their own borough without the leave of the reeve, +unless the county court is being held in the borough, and unless +[the foreigners are] on military service or guarding the castle. + +[2] A burgess cannot distrain upon a burgess without the leave of +the reeve. + +[3] If a burgess have lent anything of his to a foreigner, let +the debtor restore it in the borough if he admits the debt, if he +denies it, let him justify himself in the borough. + +[4] Pleas which arise in the borough shall be held and concluded +there, except pleas of the Crown. + +[5] If any burgess be appealed [sued] of any plaint, he shall not +plead without the borough, unless for default of [the borough] +court. + +[6] Nor ought he to answer without day and term, unless he have +fallen into 'miskenning'[error in pleading], except in matters +which pertain to the Crown. + +[7] If a ship have put in at Tynemouth and wishes to depart, the +burgesses may buy what they will [from it]. + +[8] If a plea arise between a burgess and a merchant, it shall be +concluded before the third ebb of the tide. + +[9] Whatever merchandise a ship has brought by sea must be +landed, except salt; and herring ought to be sold in the ship. + +[10] If any man have held land in burgage for a year and a day, +lawfully and without claim, he shall not answer a claimant, +unless the claimant have been without the realm of England, or a +child not of age to plead. + +[11] If a burgess have a son, he shall be included in his +father's freedom if he be with his father. + +[12] If a villein come to dwell in the borough, and dwell there a +year and a day as a burgess, he shall abide altogether, unless +notice has been given by him or by his master that he is dwelling +for a term. + +[13] If any man appeal [sue] a burgess of any thing, he cannot do +battle with the burgess, but the burgess shall defend himself by +his law, unless it be of treason, whereof he is bound to defend +himself by battle. + +[14] Neither can a burgess do battle against a foreigner, unless +he first go out of the borough. + +[15] No merchant, unless he be a burgess, may buy [outside] the +town either wool or leather or other merchandise, nor within the +borough except [from] burgesses. + +[16] If a burgess incur forfeit, he shall give six ounces [10s.] +to the reeve. + +[17] In the borough there is no merchet [payment for marrying off +a daughter] nor heriot nor blodwite [fine for drawing blood] nor +stengesdint [fine for striking with a stick]. + +[18] Every burgess may have his own oven and hand-mill if he +will, saving the right of the King's oven. + +[19] If a woman be in forfeit for bread or beer, no one ought to +interfere but the reeve. If she forfeit twice, she shall be +chastised by her forfeit. If three times, let justice be done on +her. + +[20] No one but a burgess may buy webs [woven fabrics just taken +off the loom] to dye, nor make nor cut them. + +[21] A burgess may give and sell his land and go whither he will +freely and quietly unless there be a claim against him." + +In the boroughs, merchant and manufacturing guilds controlled +prices and assured quality. The head officer of the guild usually +controlled the borough, which excluded rival merchant guilds. + +Trades and crafts, each of which had to be licensed, grouped +together by speciality in the town. Cloth-makers, dyers, tanners, +and fullers were near an accessible supply of running water, upon +which their trade depended. Streets were often named by the trade +located there, such as Butcher Row, Pot Row, Cordwainer Row, +Ironmonger Row, Wheeler Row, and Fish Row. Hirers of labor and +sellers of wheat, hay, livestock, dairy products, apples and +wine, meat, poultry, fish and pies, timber and cloth all had a +distinct location. + +The nation produced sufficient iron, but a primitive steel was +imported. Steel was used for tools, instruments, weapons and +armour. + +Plays about miracles wrought by holy men or the sufferings and +fortitude of martyrs were performed. Most nobles could read, +though writing was still a specialized craft. There were books on +animals, plants, and stones. The lives of the saints as told in +the book "The Golden Legend" were popular. The story of the early +King Arthur was told in the book "The History of the Kings of +England". The story at this time stressed Arthur as a hero and +went as follows: Arthur became King at age 15. He had an inborn +goodness and generosity as well as courage. He and his knights +won battles against foreign settlers and neighboring clans. Once, +he and his men surrounded a camp of foreigners until they gave up +their gold and silver rather than starve. Arthur married +Guenevere and established a court and retinue. Leaving Britain in +the charge of his nephew Modred, he fought battles on the +continent for land to give to his noblemen who did him service in +his household and fought with him. When Arthur returned to +Britain, he made battle with his nephew Modred who had crowned +himself King. Arthur's knight Gawain, the son of his sister, and +the enemy Modred were killed and Arthur was severely wounded. +Arthur told his kinsman Constantine to rule Britain as King in +his place. + +The intellectual world included art, secular literature, law, and +medicine. There were about 90 physicians. + +Forests were still retained by Kings for their hunting of boars +and stags. The bounds of the Forest were enlarged. They comprised +almost one-third of the kingdom. + +Barons and their tenants and sub-tenants were offered an +alternative of paying shield money ["scutage"] of 2 marks per fee +in commutation for and instead of military service for their +fiefs. This enabled Henry to hire soldiers who would be more +directly under his own control and to organize a more efficient +army. + +A substantial number of barons and monasteries were heavily in +debt to the Jews. The King taxed the Jews at will. + +During rivalry for the throne after Henry I's reign, the bishops +gained some independence from the Crown and strenthened their +ties with the Pope. + +- The Law - + +Henry restored the death penalty for thievery and robbery, but +maintained William I's punishment of the mutilation of blinding +and severing of limbs for other offenses. + +The forest law stated that: "he that doth hunt a wild beast and +doth make him pant, shall pay 10 shillings: If he be a free man, +then he shall pay double. If he be a bound man, he shall lose his +skin." A "verderer" was responsible for enforcing this law, which +also stated that: "If anyone does offer force to a Verderer, if +he be a freeman, he shall lose his freedom, and all that he hath. +And if he be a villein, he shall lose his right hand." Further, +"If such an offender does offend so again, he shall lose his +life." + +A wife's dower is one-third of all her husband's freehold land, +unless his endowment of her at their marriage was less than +one-third. + +Counterfeiting law required that "If any one be caught carrying +false coin, the reeve shall give the bad money to the King +however much there is, and it shall be charged in the render of +his farm [payment] as good, and the body of the offender shall be +handed over to the King for judgment, and the serjeants who took +him shall have his clothes." + +Debts to townsmen were recoverable by this law: "If a burgess has +a gage [a valuable object held as security for carrying out an +agreement] for money lent and holds this for a whole year and a +day, and the debtor will not deny the debt or deliver the gage, +and this is proved, the burgess may sell the gage before good +witnesses for as much as he can, and deduct his money from the +sum. If any money is over he shall return it to the debtor. But +if there is not enough to pay him, he shall take distress again +for the amount that is lacking." + +Past due rent in a borough was punishable by payment of 10s. as +fine." + +There are legal maxims which are becoming so well established and +known that there will never be a need to write them down as +statutes. As delineated by St. Germain in "Doctor and Student" in +1518, they are: + +1. If a man steals goods to the value of 12d., or above, it is +felony, and he shall die for it. If it is under the value of +12d., then it is but petit larceny, and he shall not die for it, +but shall be punished at the discretion of the judges. This not +apply to goods taken from the person, which is robbery, a felony +punishable by death. + +2. If an exigent, in case of felony, is awarded against a man, he +has thereby forthwith forfeited his goods to the King. + +3. If the son is attainted [convicted of treason or felony with +the death penalty and forfeiture of all lands and goods] in the +life of the father, and after he purchases his charter of pardon +of the King, and after the father dies; in this case the land +shall escheat to the lord of the fee, insomuch that though he has +a younger brother, yet the land shall not descend to him: for by +the attainder of the elder brother the blood is corrupt, and the +father-in-law died without heir. + +4. A man declared outlaw forfeits his profits from land and his +goods to the King. + +5. He who is arraigned upon an indictment of felony shall be +admitted, in favor of life, to challenge the number of inquirers +for three whole inquests peremptorily. With cause, he may +challenge as many as he has cause to challenge. Such peremptory +challenge shall not be admitted in a private suit because it is a +suit of the party. + +6. An accessory shall not be put to answer before the principal. + +7. If a man commands another to commit a trespass, and he does +it, the one who made the command is a trespasser. + +8. The land of every man is in the law enclosed from other, +though it lies in the open field and a trespasser in it may be +brought to court. + +9. Every man is bound to make recompense for such hurt as his +beasts do in the growing grain or grass of his neighbor, though +he didn't know that they were there. + +10. He who has possession of land, though it is by disseisin, has +right against all men but against him who has right. + +11. The rents, commons of pasture, of turbary [digging turf], +reversions, remainders, nor such other things which lie not in +manual occupation, may not be given or granted to another without +writing. + +12. If a villein purchase lands, and the lord enter, he shall +enjoy the land as his own. But if the villein alienates before +the lord enters, he alienation is good. And the same law is of +goods. + +13. Escuage (shield service for 40 days) uncertain makes knight's +service. Escuage certain makes socage. + +14. He who holds by castle-guard, holds by knight's service, but +he does not hold by escuage. He that holds by 20s. to the guard +of a castle holds by socage. + +15. A descent takes away an entry. + +16. No prescription [assertion of a right or title to the +enjoyment of a thing, on the ground of having had the +uninterrupted and immemorial enjoyment of it] in lands makes a +right. + +17. A prescription of rent and profits out of land makes a right. + +18. The limitation of a prescription generally taken is from the +time that no man's mind runs to the contrary. + +19. Assigns may be made upon lands given in fee, for term of +life, or for term of years, though no mention be made of assigns; +and the same law is of a rent that is granted; but otherwise it +is of a warranty, and of a covenant. + +20. He who recovers debt or damages in the King's court when the +person charged is not in custody, may within a year after the +judgment take the body of the defendant, and commit him to prison +until he has paid the debt and damages. + +21. If a release or confirmation is made to him who, at the time +of the release made, had nothing in the land, the release or +confirmation is void, except in certain cases, such as to vouch. + +22. A condition to avoid a freehold cannot be pleaded without a +deed; but to avoid a gift of chattel, it may be pleaded without +deed. + +23. A release or confirmation made by him, that at the time of +the release or confirmation made had no right, is void in law, +though a right comes to him after; except if it is with warranty, +and then it shall bar him to all right that he shall have after +the warranty is made. + +24. If land and rent that is going out of the same land, comes +into one man's hand of like estate, and like surety of title, the +rent is extinct. + +25. If land descends to him who has right to the same land +before, he shall be remitted to his better title, if he will. + +26. If two titles are concurrent together, the oldest title shall +be preferred. + +27. If a real action be sued against any man who has nothing in +the thing demanded, the writ shall abate at the common law. + +28. If the demandant or plaintiff, hanging his writ, will enter +into the thing demanded, his writ shall abate. + +29. By the alienation of the tenant, hanging the writ, or his +entry into religion, or if he is made a knight, or she is a +woman, and takes a husband hanging the writ, the writ shall not +abate. + +30. A right or title of action that only depends in action, +cannot be given or granted to none other but only to the tenant +of the ground, or to him who has the reversion or remainder of +the same land. + +31. In an action of debt upon an agreement, the defendant may +wage his law: but otherwise it is upon a lease of lands for term +of years, or at will. + +32. The King may disseise no man and no man may disseise the +King, nor pull any reversion or remainder out of him. + +33. The King's excellency is so high in the law, that no freehold +may be given to the King, nor be derived from him, but by matter +of record. + +34. If an abbot or prior alienate the lands of his house, and +dies, though his successor has right to the lands, yet he may not +enter, but he must take legal +action. + +35. If an abbot buys a thing that comes to the use of the house, +and dies, then his successor shall be charged. + +Judicial activity encouraged the recording of royal legislation +in writing which both looked to the past and attempted to set +down law current in Henry's own day. The "Liberi Quadripartitus" +aimed to include all English law of the time. This showed an +awareness of the ideal of written law as a statement of judicial +principles as well as of the practice of kingship. In this way, +concepts of Roman law used by the Normans found their way into +English law. + +Church law required that only consent between a man and woman was +necessary for marriage. There needn't be witnesses, ceremony, nor +consummation. Consent could not be coerced. Penalties in marriage +contracts were deemed invalid. Villeins and slaves could marry +without their lords' or owners' permission. A couple living +together could be deemed married. Relatives descended from the +same great great grandfather could not marry, nor could relatives +by marriage of the same degree of closeness. A legal separation +could be given for adultery, cruelty, or heresy. Fathers were +usually ordered to provide some sustenance and support for their +illegitimate children. The court punished infanticide and +abortion. + + +- Judicial Procedure - + +Courts extant now are the Royal Court, the King's Court of the +Exchequer, shire courts, and hundred courts, which were under the +control of the King. His appointed justices administered justice +in these courts on regular circuits. Also there are manor courts, +borough courts, and ecclesiastical courts. + +The King's Royal Court heard issues concerning the Crown and +breaches of the King's peace, which included almost all criminal +matters. The most serious offenses: murder, robbery, rape, +abduction, arson, treason, and breach of fealty, were now called +felonies. Other offenses were: housebreaking, ambush, certain +kinds of theft, premeditated assault, and harboring outlaws or +excommunicants. Henry personally presided over hearings of +important legal cases. He punished crime severely. Offenders were +brought to justice not only by the complaint of an individual or +local community action, but by official prosecutors. A prosecutor +was now at trials as well as a judge. Trial is still by +compurgation. + +These offenses against the King placed merely personal property +and sometimes land at the King's mercy. Thus the Crown increased +the range of offenses subject to its jurisdiction and arrogated +to itself profits from the penalties imposed. + +The Royal Court also heard these offenses against the King: +fighting in his dwelling, contempt of his writs or commands, +encompassing the death or injury of his servants, contempt or +slander of the King, and violation of his protection or his law. +It heard these offenses against royal authority: complaints of +default of justice or unjust judgment, pleas of wrecks of ships, +coinage, treasure-trove [money buried when danger approached], +forest prerogatives, and control of castellation. + +Henry began the use of writs to intervene in civil matters. These +writs allowed people to come to the Royal Court on certain +issues. He had some locally based justices, called justiciars. +Also, he sent justices out on eyres [journeys],with wide +responsibilities, to hear and decide all manner of Crown pleas. +This brought royal authority into the localities and served to +check baronial power over the common people. He created the +office of chief justiciar, which carried out judicial and +administrative functions. + +The Royal Court also decided land disputes between barons. There +was a vigorous interventionism in the land law subsequent to +appeals to the King in landlord-tenant relations, brought by a +lord or by an undertenant. Assizes [those who sit together] of +local people who knew relevant facts were put together to assist +the court. + +Records of the verdicts of the Royal Court were sent with +traveling justices for use as precedent in shire and hundred +courts. + +The King's Court of the Exchequer reviewed the accounts of +sheriffs, including receipts and expenditures on the Crown's +behalf as well as sums due to the Treasury, located still at +Winchester. These sums included rent from royal estates, the +Danegeld land tax, the fines from local courts, and aid from +barional estates. It was called the "Exchequer" because it used a +chequered cloth on the table to facilitate calculation in Roman +numerals of the amount due and the amount paid. It's records were +the "Pipe Rolls", so named because sheets of parchment were +fastened at the top, each of which dropped into a roll at the +bottom and so assumed the shape of a pipe. + +The shire and hundred courts assessed the personal property of +individuals and their taxes due to the King. The shire court +decided land disputes between people who had different barons as +their respective lords. + +The Crown used its superior coercive power to enforce the legal +decisions of other courts. + +The shire courts heard cases of theft, brawling, beating, and +wounding, for which the penalties could be exposure in the +pillory or stocks where the public could scorn and hit the +offender. It met twice yearly. If an accused failed to appear +after four successive shire courts, he was declared outlaw at the +fifth and forfeited his civil rights and all his property. He +could be slain by anyone at will. + +The hundred court heard neighborhood disputes, for instance +concerning pastures, meadows and harvests. It policed the duty of +frankpledge, which was required for those who did not have a lord +to answer for him. It met once a month. + +The free landholders were expected to attend shire, hundred, and +baronage courts. They owed "suit" to it. The suitors found the +dooms [laws] by which the presiding officer pronounced the +sentence. + +The barons held court on their manors for issues arising between +people living on the manor, such as bad ploughing on the lord's +land or letting a cow get loose on the lord's land, and land +disputes. They also made the decision of whether or not a person +was a villein or free. The manor court took over issues which had +once been heard in the vill or hundred court. The baron charged a +fee for hearing a case and received any fines he imposed, which +amounted to significant "profits of justice". + +Boroughs held court on trading and marketing issues in their +towns such as measures and weights, as well as issues between +people who lived in the borough. The borough court was presided +over by a reeve who was a burgess as well as a royal official. + +Wealthy men could employ professional pleaders to advise them and +to speak for them in a court. + +The ecclesiastical courts dealt with family matters such as +marriage, annulments, marriage portions, legitimacy, +wife-beating, child abuse, bigamy, adultery, incest, fornication, +personal possessions, slander, usury, mortuaries, sanctuary, +sacrilege, blasphemy, heresy, tithe payments, church fees, and +breaches of promises under oath, e.g. to pay a debt, provide +services, or deliver goods. It decided inheritance and will +issues which did not concern land, but only personal property. +This developed from the practice of a priest usually hearing a +dying person's will as to the disposition of his goods and +chattel when he made his last confession. It provided +guardianship of infants during probate of their personal +property. Trial was by compurgation. An alleged offender could be +required to answer questions under oath, thus giving evidence +against himself. The court's penalties were intended to reform +and determined on a case-by-case basis. They could include +confession and public repentance of the sin before the parish, +making apologies and reparation to persons affected, public +embarrassment such as being dunked in water (e.g. for women +scolds), walking a route barefoot and clad only in one's +underwear, whippings, extra work, fines, and imprisonment in a +"penitentiary" to do penance. The ultimate punishment was +excommunication with social ostracism. Then no one could give the +person drink, food, or shelter and the only people he could speak +to were his spouse and servants. Excommunication included denial +of the sacraments of baptism, penance, eucharist, and extreme +unction at death; which were necessary for salvation of the soul; +and the sacrament of confirmation. However, the person could +still marry and make a will. Excommunication was usually imposed +for failure to obey an order or showing contempt of the law or of +the courts. It required a due process hearing and a written +reason. If this measure failed, it was possible to turn the +offender over to the state for punishment, e.g. for blasphemy or +heresy. Blasphemy [speaking ill of God] was thought to cause +God's wrath expressed in famine, pestilence, and earthquake and +was usually punished by a fine or corporal punishment, e.g. +perforation or amputation of the tongue. It was tacitly +understood that the punishment for heresy was death by burning. +The state usually assured itself the sentence was just before +imposing it. The court of the rural dean was the ecclesiastical +parallel of the hundred court of secular jurisdiction and usually +had the same land boundaries. + + + +Chapter 6 + +- The Times: 1154-1215 - + +King Henry II and Queen Eleanor, who was twelve years older, were +both intelligent, educated, energetic, well-traveled, and +experienced in affairs of state. Henry was the first Norman King +to be fully literate. Eleanor often served as regent during +Henry's reign and the reigns of their two sons: Richard, the +Lion-Hearted, and John, a short man. After Eleanor's death, +John's heavy-handed and arbitrary rule quickly alienated all +sectors of the population, who joined to pressure him to sign the +Magna Carta. Since John had extracted many heavy fines from +barons by personally adjudging them blameworthy in disputes with +others, the barons insisted on judgment by their peers under the +established law of the courts. The story of Robin Hood portrays +John's attempt to gain the crown prematurely while Richard was on +the Crusades to recover Jerusalem for Christendom. + +Henry II was a modest, courteous, and patient man with an +astonishing memory and strong personality. He was indifferent to +rank and impatient of pomp to the point of being careless about +his appearance. He usually dressed in riding clothes and was +often unkempt. He was thrifty, but generous to the poor. + +Henry revived and augmented the laws and institutions of his +grandfather, Henry I, and developed them to a new perfection. +Almost all legal and fiscal institutions appear in their first +effective form during his reign. For instance, he +institutionalized the assize for a specific function in judicial +proceedings, whereas before it had been an ad hoc body used for +various purposes. + +Henry's government practiced a strict economy and he never +exploited the growing wealth of the nation. He abhorred bloodshed +and the sacrifice of men's lives. So he strove diligently to keep +the peace, when possible by gifts of money, but otherwise with +armed force. Merchants with precious goods could journey safely +through the land from fair to fair. Frankpledge was revived. No +stranger could stay overnight (except for one night in a +borough), unless sureties were given for his good behavior. A +list of such strangers was to be given to itinerant judges. + +Henry had character and the foresight to build up a centralized +system of government that would survive him. He learned about the +shires' and villages' varying laws and customs. Then, using the +model of Roman law, he gave to English institutions that unity +and system which in their casual patch-work development had been +lacking. Henry's government and courts forged permanent direct +links between the King and his subjects which cut through the +feudal structure of lords and vassals. + +He developed the methods and structure of government so that +there was a great increase in the scope of administrative +activity without a concurrent increase of personal power of the +officials who discharged it. The government was self-regulating, +with methods of accounting and control which meant that no +official, however exalted, could entirely escape the surveillance +of his colleagues and the King. At the same time, administrative +and judicial procedures were perfected so that much which had +previously required the King's personal attention was reduced to +routine. + +The royal household translated the royal will into action. In the +early 12th century, there had been very little machinery of +central government that was not closely associated with the royal +household. Royal government was largely built upon what had once +been purely domestic offices. Kings had called upon their +chaplains to pen letters for them. By Henry II's reign, the +Chancery was a highly efficient writing office through which the +King's will was expressed in a flow of writs, and the Chancellor +an important and highly rewarded official, but he was still +responsible for organizing the services in the royal chapel. +Similarly, the chamberlains ran the household's financial +departments. They arranged to have money brought in from a +convenient castle-treasury, collected money from sheriffs or the +King's debtors, arranged loans with the usurers, and supervised +the spending of it. It was spent for daily domestic needs, the +King's almsgiving, and the mounting of a military campaign. But +they were still responsible for personal attendance upon the King +in his privy chamber, taking care of his valuable furs, jewels, +and documents, and changing his bedlinens. There were four other +departments of the household. The steward presided over the hall +and kitchens was responsible for supplying the household and +guests with food supplies. The butler had duties in the hall and +cellars and was responsible for the supply of wine and ale. The +marshall arranged lodgings for the King's court as it moved about +from palaces to hunting lodges, arranged the pay of the household +servants, and supervised the work of ushers, watchmen, +fire-tenders, messengers and huntsmen. The constable organized +the bodyguard and escorts, arranged for the supply of castles, +and mustered the royal army. + +Henry brought order and unity by making the King's Royal Court +the common court of the land. Its purpose was to guard the King's +peace by protecting all people of free status throughout the +nation. Heretofore, the scope of the King's peace had varied to +as little as the King's presence, his land, and his highway. The +royal demesne had shrunk to about 5% of the land. The Common Law +for all the nation was established by example of the King's Royal +Court. + +A system of writs originated well-defined actions in the royal +courts. This system determined the Royal Court's jurisdiction as +against the church, lords, and sheriffs. It limited the +jurisdiction of all other courts and subordinated them to the +Royal Court. Inquests into any misdeeds of sheriffs were held, +which could result in their dismissal. + +Before Henry's reign, the church had become more powerful and +asserted more authority. Henry tried to return to the concept of +the King being appointed by God and as he head of the church as +well as of the state, as in Henry I's time. Toward this end, he +published the Constitutions of Clarendon. But the Archbishop of +Canterbury, Thomas Becket, refused to agree to them. The +disageement came to a head in Henry's attempt to establish the +principle of "one law to all" by having church clerics punished +by the civil courts as before, instead of having "benefit of +clergy" to be tried only in ecclesiastical courts, even for +secular crimes. Clerics composed about one-sixth the population. +The church courts had characteristically punished with a fine or +a penance, and at most defrocking, and never imposed a death +penalty, even for murder. When Archbishop Becket was murdered and +became a martyr, "benefit of clergy" became a standard right. +Appeals could be made to the Pope without the King's permission. +The King could take a criminal cleric's chattels, but not his +life. However, though theoretically the bishops were elective, as +a practical matter, the King appointed the bishops and the +abbots. + +Henry and Eleanor spoke many languages and liked discussing law, +philosophy, and history. So they gathered wise and learned man +about them, who became known as courtiers, rather than people of +social rank. They lived in the great and strong Tower of London. +On the west were two strongly fortified castles surrounded by a +high and deeply entrenched wall, which had seven double gates. +Towers were spaced along the north wall and the Thames River +flowed below the south wall. To the west was the city, where +royal friends had residences with adjoining gardens near the +royal palace at Westminster. The court was a center of culture as +well as of government. The game of backgammon was played. People +wore belts with buckles, usually brass, instead of knotting their +belts. + +London extended about a mile along the river and about half a +mile inland. Most of its houses were two stories, the ground +floor having booths and workshops, and the upper floor living +space. Walls between houses had to be stone and thatched roofs +were banned because there had been many fires. There were over a +hundred churches in the city, which celebrated feast days, gave +alms and hospitality to strangers, confirmed betrothals, +contracted marriages, celebrated weddings, conducted funerals, +and buried the dead. Fish and no meat was eaten on Fridays and +during lent. There was dark rye bread and expensive white wheat +bread. Vegetables included onions, leeks, and cabbage. Fruits +included apples, pears, plums, cherries, and strawberries. Water +was obtained from streams running through the town to the river +and from springs. There were craft guilds of bakers, butchers, +clothworkers, and saddlers, as well as of weavers. Vendors, +craftsmen, and laborers had their customary places, which they +took up every morning. + +Some vendors walked the streets announcing their wares for sale. + +In London, bells heralded the start and finish of all organized +business. At sunset, the gates of the town were closed for the +night. Only the rich could afford wax candles; others had +home-made tallow or fat lights which smelled and gave off smoke. +Most people washed their bodies. Few babies survived childhood. +If a man reached 30, he could expect to live until age 50. The +sellers of merchandise and hirers of labor were distributed every +morning into their several localities according to their trade. +Outside one of the gates, a horse market was held every week. +They wore horseshoes made of iron or of a crude steel. In other +fields, countryfolk sold pigs, cows, oxen and sheep. London +Bridge was built of stone with such a width that a row of wood +houses and a chapel was built on top of it. + +The weavers guild of London received a charter by the King in +1155, the first granted to any London craft: "Know that I have +conceded to the Weavers of London to hold their guild in London +with all the liberties and customs which they had in the time of +King Henry [I], my grandfather; and that none may intermeddle +with the craft within the city, nor in Southwark, nor in other +places pertaining to London except through them and except he be +in their guild, otherwise than was accustomed to be done in the +time of King Henry, my grandfather ...So that each year they +render thence to me two marks [26s. 8d.] of gold at the feast of +St. Michael. And I forbid that any shall do injury or contumely +to them on this account under penalty of 10 pounds [200s.]. +Witness T[homas], Chancellor, and Warinus, son of Gerard, +Chamberlain, at Winchester." These liberties were: 1) The weavers +may elect bailiffs to supervise the work of the craft, to punish +defaulters, and to collect the ferm. The bailiffs were chosen +from year to year and swore before the Mayors of London to do and +keep their office well and truly. 2) The bailiffs may hold court +from week to week on pleas of debt, agreements, covenants, and +minor trespasses. 3) If any of the guild members are sued in any +other court on any of the above pleas, the guild may challenge +that plea to bring it to the guild court. 4) If any member is +behind in his share of the payment to the King, the bailiffs may +distrain his loom until he has paid this. + +Paying an annual payment freed the weavers from liability to +inconsequent royal fines. Failure to make this payment promptly +might have led to loss of the right, hence the rigorous penalty +of distraint upon the looms of individual weavers who fell into +arrears. + +The weavers' guild punished members who used bad thread in their +weaving or did defective weaving by showing the default to the +Mayor, with opportunity for the workman to make entreaty, and the +Mayor and twelve members of the guild then made a verdict of +amercement of 1/2 mark [6s. 8d.] and the workman of the cloth was +also punished by the guild bailiffs according to guild custom. + +The weavers' guild tradition of brotherliness among members meant +that injury to a fellow weaver incurred a severe penalty. If a +weaver stole or eloigned [removed them to a distance where they +were unreachable] any other weaver's goods falsely and +maliciously, then he was dismissed from the guild and his loom +was taken by the guild to fulfill his portion of the annual +payment to the King. The weavers were allowed to buy and to sell +in London freely and quietly. They had all the rights of other +freemen of the city. + +Thus from the middle of the 12th century, the weavers enjoyed the +monopoly of their craft, rights of supervision which ensured a +high standard of workmanship, power to punish infractions of +their privileges, and full control of their members. In this they +stand as the prototype of English medieval guilds. These rights +represented the standard which all bodies of craftsmen desired to +attain. The right of independent jurisdiction was exceptional. + +London growth led to its replacing Winchester as the capital. +Over its history, +it generally chose or elected its own mayor every year. (This was +not a popular election.) But there were many periods when royal +authority was asserted over it. + +On the north side of the city was a great forest with fields and +wells where students and other young men from the city took walks +in the fresh evening air. Vendors on the river bank sold cooked +fish caught from the river and wine from ships and wine cellars. + +London's chief magistrate was the port-reeve, who was appointed +by the King, until 1191. Then the port-reeve was replaced by a +mayor, who was elected yearly by the city wards. Each ward was +headed by an alderman and there were city sheriffs and +councilors. The mayors were typically rich merchant princes. +There were three ways to become a citizen of London: being the +son of a citizen, apprenticeship in a craft for seven years, and +purchase of citizenship. + +St. Barthomew hospital was established in London for sick +pilgrims traveling to the shrine of Becket in Canterbury. + +Trading was facilitated by the stabilization of the amount of +silver metallic content of the English coinage, which was called +"sterling" [strong] silver. The compass assisted the navigation +of ships and London became a major trading center for foreign +goods from many lands. + +About 5% of the knights were literate. Wealthy men sent their +sons to school in monasteries to prepare them for a livelihood in +a profession or in trade or to the town of Oxford, whose +individual teachers had attracted disciples for a long time. +These schools grew up around St. Mary's Church, but had not been +started by the church as there was no cathedral school in Oxford. +Oxford had started as a burh and had a royal residence and many +tradesmen. It was given its basic charter in 1155 by the King. +This confirmed to it all the customs, laws and liberties [rights] +as those enjoyed by London. If became a model charter for other +towns. + +Bachelors at Oxford studied the arts of grammar, rhetoric, and +logic, and then music, arithmetic, geometry, and astronomy, until +they mastered their discipline and therefore were authorized to +teach it. Teaching would then provide an income sufficient to +support a wife. The master of arts was analogous to the master +craftsman of a guild. From 1190, the civil law was studied, and +shortly thereafter, canon law. Later came the study of medicine. +The use of paper supplemented the use of parchment for writing. + +In this era, the English national race and character was formed. +Stories of good King Arthur were popular and set ideals for +behavior and justice in an otherwise barbaric age where force was +supreme. His last battle in which he lay wounded and told a +kinsman to rule in his place and uphold his laws was written in +poem ("Layamon's Brut"). Romantic stories were written and read +in English. + +The only people distinguishable as Anglo-Saxon by their look and +speech were manor villeins who worked the farm land, who composed +over half the population. Intermarriage had destroyed any +distinction of Normans by look or speech alone. Although the +villeins could not buy their freedom or be freed by their lord, +they became less numerous because of the preference of landowners +for tenants motivated to perform work by potential loss of +tenure. Also, the Crown's protection of all its subjects in +criminal matters blurred the distinction between free and unfree +men. + +The boroughs were dominated by lords of local manors, who usually +had a house in the borough. Similarly, burgesses usually had +farmland outside the borough. Many boroughs were granted the +right to have a common seal for the common business of the town. +Each borough was represented by twelve reputable burgesses. Each +vill was represented by a reeve and four reputable men. Certain +towns sponsored great seasonal fairs for special goods, such as +cloth. Less than 5% of the population lived in towns. + +London guilds of craftsmen such as weavers, fullers, bakers, +loriners (makers of bit, spurs, and metal mountings of bridles +and saddles), cordwainers (makers of leather goods such as +shoes), pepperers, and goldsmiths were licensed by the King, for +which they paid him a yearly fee. There were also five Bridge +Guilds (probably raising money for the future construction of +London Bridge in stone) and St. Lazarus' Guild. The wealthy +guilds, which included the goldsmiths, the pepperers, and three +bridge guilds had landholding members who had been thegnes or +knights and now became a class of royal officials: the King's +minters, his chamberlain, his takers of wines, his collectors of +taxes. + +Sandwich was confirmed in its port rights by this charter: +"Henry II to his sheriff and bailiffs of Kent, greeting. I will +and order that the monks of the Holy Trinity of Canterbury shall +have fully all those liberties and customs in Sandwich which they +had in the time of King Henry my grandfather, as it was adjudged +in pursuance of his command by the oath of twelve men of Dover +and twelve men of Sandwich, to wit, that the aforesaid monks +ought to have the port and the toll and all maritime customs in +the same port, on either side of the water from Eadburge-gate as +far as markesfliete and a ferry-boat for passage. And no man has +there any right except they and their ministers. Wherefore I will +and firmly command you and the men of Sandwich that ye cause the +aforesaid monks to have all their customs both in the port and in +the town of Sandwich, and I forbid any from vexing them on this +account." "And they shall have my firm peace." + +Henry gave this charter to the town of Bristol in 1164: +"Know ye, that I have granted to my burgesses of Bristol, that +they shall be quit both of toll [a reasonable sum of money or +portion of the thing sold, due to the owner of the fair or market +on the sale of things tollable therein. It was claimed by the +lord of the fee where the fair or market was held, by virtue of a +grant from the Crown either ostensible or presumed] and passage +[money paid for crossing a river or for crossing the sea as might +be due to the Crown] and all custom [customary payments] +throughout my whole land of England, Normandy, and Wales, +wherever they shall come, they and their goods. Wherefore I will +and strictly command, that they shall have all their liberties +and acquittances and free customs fully and honorable, as my free +and faithful men, and that they shall be quit of toll and passage +and of every other customs: and I forbid any one to disturb them +on this account contrary to this my charter, on forfeiture of ten +pounds [200s.]." + +John, when he was an earl and before he became King, granted +these liberties to Bristol about 1188: + +1) No burgess may sue or be sued out of Bristol. + +2) The burgesses are excused from the murder fine (imposed by the +King or lord from the hundred or town where the murder was +committed when the murderer had not been apprehended). + +3) No burgess may wage duel, unless sued for death of a stranger. + +4) No one may take possession of a lodging house by assignment or +by livery of the Marshall of the Earl of Gloucester against the +will of the burgesses (so that the town would not be responsible +for the good behavior of a stranger lodging in the town without +first accepting the possessor of the lodging house). + +5) No one shall be condemned in a matter of money, unless +according to the law of the hundred, that is, forfeiture of 40s. + +6) The hundred court shall be held only once a week. + +7) No one in any plea may argue his cause in miskenning. + +8) They may lawfully have their lands and tenures and mortgages +and debts throughout my whole land, [from] whoever owes them +[anything]. + +9) With regard to debts which have been lent in Bristol, and +mortgages theremade, pleas shall be held in the town according to +the custom of the town. + +10) If any one in any other place in my land shall take toll of +the men of Bristol, if he does not restore it after he is +required to, the Prepositor of Bristol may take from him a +distress at Bristol, and force him to restore it. + +11) No stranger-tradesman may buy within the town from a man who +is a stranger, leather, grain, or wool, but only from a burgess. + +12) No stranger may have a shop, including one for selling wine, +unless in a ship, nor shall sell cloth for cutting except at the +fair. + +13) No stranger may remain in the town with his goods for the +purpose of selling his goods, but for forty days. + +14) No burgess may be confined or distrained any where else +within my land or power for any debt, unless he is a debtor or +surety (to avoid a person owed a debt from distraining another +person of the town of the debtor). + +15) They shall be able to marry themselves, their sons, their +daughters and their widows, without the license of their lords. +(Lords had the right of preventing their tenants and mesne lords +and their families from marrying without his consent.) + +16) No one of their lords shall have the wardship or the disposal +of their sons or daughters on account of their lands out of the +town, but only the wardship of their tenements which belong to +their own fee, until they become of age. + +17) There shall be no recognition [acknowledgement that something +done by another person in one's name had one's authority] in the +town. + +18) No one shall take tyne [wooden barrel with a certain quantity +of ale, payable by the townsmen to the constable for the use of +the castle] unless for the use of the lord Earl, and that +according to the custom of the town. + +19) They may grind their grain wherever they may choose. + +20) They may have their reasonable guilds, as well or better than +they had themin the time of Robert and his son William [John's +wife's grandfather and father, who were earls of Gloucester when +the town and castle of Bristol were part of the honor of +Gloucester]. + +21) No burgess may be compelled to bail any man, unless he +himself chooses it, although he may be dwelling on his land. + +We have also granted to them all their tenures, messuages, in +copses, in buildings on the water or elsewhere to be held in free +burgage [tenant to pay only certain fixed services or payments to +his lord, but not military service (like free socage)]. We have +granted also that any of them may make improvements as much as he +can in erecting buildings anywhere on the bank and elsewhere, as +long as the borough and town are not damaged thereby. Also, they +shall have and possess all waste land and void grounds and +places, to be built on at their pleasure. + +Newcastle-on-Tyne's taxes were simplified in 1175 as follows: + +"Know ye that I have granted and by this present charter have +confirmed to my burgesses of Newcastle upon Tyne, and to all +their things which they can assure to be their own, acquittance +from toll and passage and pontage and from the Hanse and from all +other customs throughout all my land. And I prohibit all persons +from vexing or disturbing them therein upon forfeiture to me." + +We grant to our upright men on Newcastle-on-Tyne and their heirs +our town of Newcastle-on-Tyne with all its appurtances at fee +farm for 100 pounds to be rendered yearly to us and our heirs at +our Exchequer by their own hand at the two terms, to wit, at +Easter 50 pounds and at Michaelmas 50 pounds, saving to us our +rents and prizes and assizes in the port of the same town. + +Ranulph, earl of Chester, made grants to his burgesses of +Coventry by this charter: "That the aforesaid burgesses and their +heirs may well and honorably quietly and in free burgage hold of +me and my heirs as ever in the time of my father and others of my +ancestors they have held better more firmly and freer. In the +second place I grant to them all the free and good laws which the +burgesses of Lincoln have better and freer. I prohibit and forbid +my constables to draw them into the castle to plead for any +cause, but they may freely have their portimote [leet court] in +which all pleas belonging to me and them may be justly treated +of. Moreover they may choose from themselves one to act for me +whom I approve, who a justice under me and over them may know the +laws and customs, and keep them to my counsel in all things +reasonable, every excuse put away, and may faithfully perform to +me my rights. If any one happen to fall into my amercement he may +be reasonably fined by my bailiff and the faithful burgesses of +the court. Furthermore, whatever merchants they have brought with +them for the improvement of the town, I command that they have +peace, and that none do them injury or unjustly send them into +court. But if any foreign merchant shall have done anything +improper in the town that same may be regulated in the portimote +before the aforesaid justice without a suit at law." + +Henry confirmed this charter of the earl's by 1189 as follows: I +have confirmed all the liberties and free customs the earl of +Chester granted to them, namely, that the same burgesses may well +and honorably hold in free burgage, as ever in the time of the +father of the beforesaid earl, or other of his ancestors, they +may have better or more firmly held; and they may have all the +laws and customs which the citizens of Lincoln have better and +freer [e.g. their merchant guilds; all men brought to trade may +be subject to the guild customs and assize of the town; those who +lawfully hold land in the town for a year and a day without +question and are able to prove that an accuser has been in the +kingdom within the year without finding fault with them, from +thence may hold the land well and in peace without pleading; +those who have remained in the town a year and a day without +question, and have submitted to the customs of the town and the +citizens of the town are able to show through the laws and +customs of the town that the accuser stood forth in the kingdom, +and not a fault is found of them, then they may remain in peace +in the town without question]; and that the constable of the +aforesaid earl shall not bring them into the castle to plead in +any case. But they may freely have their own portmanmote in which +all pleas appertaining to the earl and to them may be justly +treated of. Moreover they may choose one from themselves to act +for the earl, whom I approve, who may be a justice under the earl +and over them, and who to the earl may faithfully perform his +rights, and if anyone happen to fall into the earl's forfeiture +he shall be acquit for 12 pence. If by the testimony of his +neighbors he cannot pay 12 pence coins, by their advice it shall +be so settled as he is able to pay, and besides, with other +acquittances, that the burgesses shall not provide anything in +corrody [allowance in food] or otherwise whether for the said +earl or his men, unless upon condition that their chattels shall +be safe, and so rendered to them. + +Furthermore, whatever merchants they have brought with them for +the improvement of the town they may have peace, and none shall +do them injury or unjustly send them into suit at law. But if any +foreign merchant has done anything improper in the town that +shall be amended [or tried] in the portmanmote before the +aforesaid justice without a suit. And they who may be newcomers +into the town, from the day on which they began to build in the +town for the space of two years shall be acquit of all charges. + +Mercantile privileges were granted to the shoemakers in Oxford +thus: +"Know ye that I have granted and confirmed to the corvesars of +Oxford all the liberties and customs which they had in the time +of King Henry my grandfather, and that they have their guild, so +that none carry on their trade in the town of Oxford, except he +be of that guild. I grant also that the cordwainers who +afterwards may come into the town of Oxford shall be of the same +guild and shall have the same liberties and customs which the +corvesars have and ought to have. For this grant and +confirmation, however, the corvesars and cordwainers ought to pay +me every year an ounce of gold." + +A guild merchant for wool dominated and regulated the wool trade +in many boroughs. In Leicester, only guildsmen were permitted to +buy and sell wool wholesale to whom they pleased or to wash their +fells in borough waters. Certain properties, such as those near +running water, essential to the manufacture of wool were +maintained for the use of guild members. The waterwheel was a +technological advance replacing human labor whereby the cloth was +made more compact and thick, "fulled". The waterwheel turned a +shaft which lifted hammers to pound the wet cloth in a trough. +Wool packers and washers could work only for guild members. The +guild fixed wages, for instance to wool wrappers and flock +pullers. Strangers who brought wool to the town for sale could +sell only to guild members. A guildsman could not sell wool +retail to strangers nor go into partnership with a man outside +the guild. Each guild member had to swear the guildsman's oath, +pay an entrance fee, and subject himself to the judgment of the +guild in the guild court, which could fine or suspend a man from +practicing his trade for a year. The advantages of guild +membership extended beyond profit in the wool trade. Members were +free from the tolls that strangers paid. They alone were free to +sell certain goods retail. They had the right to share in any +bargain made in the presence of a guildsman, whetheer the +transaction took placein Leicester or in a distant market. In the +general interest, the guild forbade the use of false weights and +measures and the production of shoddy goods. It maintained a +wool-beam for weighing wool. It also forbade middlemen from +profiting at the expense of the public. For instance, butchers' +wives were forbidden from buying meat to sell again in the same +market unless they cooked it. + +A baron could assemble an army in a day to resist any perceived +misgovernment by a King. Armed conflict did not interfere much +with daily life because the national wealth was still composed +mostly of flocks and herds and simple buildings. Machinery, +furniture, and the stock of shops were still sparse. Life would +be back to normal within a week. + +Henry wanted to check this power of the barons. So he restored +the older obligation of every freeman to serve in defense of the +realm, which was a military draft. At the King's call, barons +were to appear in mail suit with sword and horse, knights in coat +of mail with shield and lance, freeholders with lance and hauberk +{coat of armor], burgesses and poorer freemen with lance and +helmet, and such as millers with pike and leather shirt. The +master of a household was responsible for every villein in his +household. Others had to form groups of ten and swear obedience +to the chief of the group. This was implemented in a war with +France. + +However, the nobility who were on the borders of the realm had to +maintain their private armies for frequent border clashes. The +other nobility now tended towards tournaments with mock battles +between two sides. + +A new land tax replaced the Danegeld tax. Freeholders of land +paid taxes according to their plowable land ("hidage", by the +hide, and later "carucage", by the acre). It was assessed and +collected for the King by knights with little or no remuneration. +The villein class, which in theory included the boroughs, paid a +tax based on their produce ("tallage"). Merchants were taxed on +their personal property, which was determined by an inquest of +neighbors. Clergy were also taxed. This new system of taxation +increased the royal income about threefold. + + +- The Law - + +The peace of the sheriff still exists for his shire. The King's +peace may still be specially given, but it will cease upon the +death of the King. + +Law required every good and lawful man to be bound to follow the +hue and cry when it was raised against an offender who was +fleeing. The village reeve was expected to lead the chase to the +boundary of the next jurisdiction, which would then take the +responsibility to catch the man. + +No one, including the lord of a manor, may take land from anyone +else, for instance, by the customary process of distress, without +a judgment from the Royal Court. This did not apply to London, +where a landlord leasing or renting land could take distress in +his fee. + +No one, including the lord of a manor, shall deprive an heir of +the land possessed by his father, i.e. his birthright. + +A tenant may marry off a daughter unless his lord shows some just +cause for refusing to consent to the marriage. A tenant had to +pay an "aid" to his lord when the lord's daughter married, when +the lord's son was knighted, or when the lord's person was +ransomed. + +A man [or woman] may not will away his land, but he may sell it +during his lifetime. + +The land of a knight or other tenant of a military fee is +inherited by his eldest son. The socage land of a free sokeman +goes by its ancient custom before the Norman Conquest. + +If a man purchased land after his marriage, his wife's dower is +still one-third of the land he had when they married, or less if +he had endowed her with less. But he could then enlarge her dower +to one-third of all of his lands. The same rule applied if the +man had no land, but endowed his wife with chattel or money +instead. + +Dower law prevented a woman from selling her dower during the +life of her husband. But he could sell it or give it away. On his +death, its possessor had to give the widow the equivalent worth +of the property. + +A widower had all his wife's lands by curtesy of the nation for +his lifetime to the exclusion of her heirs. + +The Capital Messuage [Chief Manor] could not be given in dower or +divided, but went in its entirety to its heir. + +Heirs were firstly sons, then daughters, then grandsons per +stirpes, then granddaughters per stirpes, then brothers, and then +sisters of the decedent. Male heirs of land held by military +service or sons of knights who were under the age of twenty-one +were considered to be in custody of their lords. The lord had +wardship over the heir's land, excluding the third that was the +widow's dower for her life. He had to maintain the heir in a +manner suitable to his dignity and restore to him when he came of +age his inheritance in good condition discharged from debts. Male +heirs of sokemen who were under the age of fifteen were in the +custody of their nearest kindred. The son of a burgess came of +age when he could count money, measure cloth, and manage his +father's concerns. + +Female heirs remained in the custody of their lords until they +married. The lord was bound to find a marriage for his ward when +she became fourteen years of age and then deliver her inheritance +to her. She could not marry without her lord's consent, because +her husband was expected to be the lord's ally and to do homage +to him. But if a female heir lost her virginity, her inheritance +escheated to +her lord. + +Bastards were not heirs, even if their father married their +mother after their birth. + +Any adult inheriting land had to pay a "relief" to the lord of +the land. For a knight's fee, this was 100s. For socage land, +this was one year's value. The amount for a barony depended upon +the King's pleasure. + +Heirs (but not widows) were bound to pay the debts of their +fathers and ancestors. A man who married a woman who had +inherited land could not sell this land without the consent of +its heirs. + +When a man dies, his wife shall take one-third and his heirs +shall take one-third of his chattels [moveables]. The other third +he may dispose of by will. If he had no heirs and no will +[intestate], all his chattels would escheat to his lord. Any +distribution of chattels would take place after all the +decedent's debts were paid from the property. + +A will required two witnesses. The testator could name an +executor, but if he did not, the next of kin was the executor. A +will could not be made by a man on his death bed because he may +well have lost his memory and reason. Also, he could not give to +a younger son if in so doing, he would deprive his lawful heir. +But he could give a marriage gift to a daughter regardless of the +lawful heir. + +Usury was receiving back more than what was lent, such as +interest on a loan of money. When a usurer died, all his +moveables went to the King. + +A villein may not buy his own freedom (because all that he has is +his lord's), but may be set free by his lord or by someone else +who buys his freedom for him. He shall also be freed if the lord +seduced his wife, drew his blood, or refused to bail him either +in a civil or criminal action in which he was afterwards cleared. +But a freed villein did not have status to plead in court, even +if he had been knighted. If his free status were tried in court, +only a freeman who was a witness to his being set free could +avail himself of the duel to decide the issue. However, if the +villein remained peacefully in a privileged town a year and a day +and was received into its guild as a citizen, then he was freed +from villeinage in every way. + +A freeman who married a villein lost his freedom. If any parent +of a child was a villein, then the child was also a villein. + +All shipwrecked persons shall be treated with kindness and none +of their goods or merchandise shall be taken from them. + +If one kills another on a vessel, he shall be fastened to the +dead body and thrown with it into the sea. + +If one steals from another on a vessel, he shall be shaven, +tarred and feathered, and turned ashore at the first land. + +Passage on the Thames River may not be obstructed by damming up +the river on each side leaving a narrow outlet to net fish. All +such wears shall be removed. + + +- Judicial Procedure - + +Henry II wanted all freemen to be equally protected by one system +of law and government. So he opened his court, the Royal Court, +to all people of free tenure. A court of five justices +professionally expert in the law sat in permanence, traveled with +the King, and on points of difficulty consulted with him. Other +professional justices, on eyre [journey], appeared periodically +in all shires of the nation. They came to perform many tasks +besides adjudging civil and criminal pleas, including +promulgating and enforcing new legislation, seeking out +encroachments on royal rights, reviewing the local communities' +and officials' performance of their public duties, imposing +penalties for failure to do them or for corruption, gathering +information about outlaws and non-performance of homage, and +assessing feudal escheats to the Crown, wardships to which the +King was entitled, royal advowsons, feudal aids owed to the King, +tallages of the burgesses, and debts owed to the Jews. assessing +feudal escheats to the Crown, wardships to which the King was +entitled, royal advowsons, feudal aids owed to the King, tallages +of the burgesses, and debts owed to the Jews; The decision-making +of justices in eyre begins the process which makes the custom of +the Royal Court the common law of the nation. The shire courts, +where the travelling justices heard all manner of business in the +shires, adopted the doctrines of the Royal Court, which then +acquired an appellate jurisdiction. The three royal courts and +justices in eyre all drew from the same small group of royal +justices. + +Henry erected a basic, rational framework for legal processes +which drew from tradition but lent itself to continuous expansion +and adaptation. + +The Royal Court was chiefly concerned with 1) the due regulation +and supervision of the conduct of local government, 2) the +ownership and possession of land held by free tenure, 3) the +repression of serious crime, and 4) the relations between the lay +and the ecclesiastical courts. + +The doctrine of tenure applied universally to the land law formed +the basis for judicial procedure in determining land rights. +Those who held lands "in fee" from the King in turn subinfeudated +their land to men of lesser rank. The concept of tenure covered +the earl, the knight (knight's service), the church +(frank-almoin), the tenant who performed labor services, and the +tenant who paid a rent (socage). Other tenures were: serjeanty +[providing an implement of war or performing a nonmilitary +office] and burgage. All hold the land of some lord and +ultimately of the King. + +Henry was determined to protect lawful seisin of land and issued +assizes [legal promulgations] giving the Royal Court authority to +decide land law issues which had not been given justice in the +shire or lord's court. These included issues of disseisin +[ejectment] of a person's free tenement or of his common of +pasture which belonged to his freehold. Though this petty assize +only provided a swift preliminary action to protect possession +pending the lengthy and involved action [grand assize] on the +issue of which party had the juster claim or ultimate right of +seisin,the latter action was only infrequently invoked. The +temptation of a strong man to seize a neighbor's land to reap +its profits for a long time until the neighbor could prove and +enforce his right was deterred. Any such claim of recent +dispossession [novel disseisin] had to be made within three years +of the disseisin. + +An assize [now a judicial body] of recognition viewed the land in +question and answered these questions of fact: 1) Was the +plaintiff disseised of the freeholdin question, unjustly and +without judgment? 2) Did the defendant commit the disseisin? +Testimony of a warrantor (or an attorney sent by him in his +place) or a charter of warranty served to prove seisin by gift, +sale, or exchange. No pleadings were necessary and the action +could proceed and judgment given even without the presence of the +defendant. The justices amerced the losing party with a monetary +penalty. A successful plaintiff might be awarded damages to +compensate for the loss of revenue. Eventually royal justices +acquired authority to decide the ultimate question of right to +land using the grand assize and the alternative of an assize +instead of the traditional procedures which ended in trial by +battle. + +There was also a writ for issues of inheritance of land. By law +the tenure of a person who died seised of a tenure in a lord's +demesne which was hereditary [seisin of fee] returned to the +lord, who had to give it to the heir of the decedent. If the lord +refused and kept it for himself or gave it to someone else, the +heir could sue in the Royal Court, which would decide whether the +ancestor was seised as of fee in his demesne, if the plaintiff +was the nearest heir, and whether the ancestor had died, gone on +a crusade but not returned, or had become a monk. + +Issues of seisin were brought to the Royal Court by a contestant +in a local court who "put himself [or herself] upon the King's +grand assize". Then his action would be removed to the Royal +Court. The assize would consist of twelve knights from the +district who were elected by four knights and who were known as +truthful men and who were likely to possess knowledge of the +facts. + +The tenant could object to any of the twelve knights for just +cause as determined by the court. Each of the twelve gave an oath +as to whether the plaintiff's or the defendant's position was +correct. If any did not know the truth of the matter, others were +found until twelve agreed [the recognitors] in favor of one side. +Perjury was punished by forfeiture of all one's goods and +chattels to the King and at least one year's imprisonment. + +Alternately, the tenant-defendant could still chose trial by +duel. A duel was fought between the parties or their champions. +The losing party of a duel had to pay a fine of 60s. + +However, if the parties were relatives, neither the assize nor +the duel was available to them, but the matter had to be decided +by the law of inheritance. Nor was burgage tenure usually decided +by assize. + +This assize procedure extended in time to all other types of +civil actions. + +Also removable to the Royal Court from the shire courts were +issues of a lord's claim to a person as his villein (duel not +available), service or relief due to a lord, dower rights, a +creditor's refusal to restore a gage [something given as +security] to a debtor who offered payment or a deposit, money due +to a lender, a seller, or a person to whom one had an obligation +under a charter, fish or harvest or cattle taken from lands +unjustly occupied, cattle taken from pasture, rights to enjoy a +common, to stop troubling someone's transport, to make +restitution of land wrongfully occupied, to make a lord's bailiff +account to him for the profits of the manor. + +A person who felt he had not had justice in the manor court could +appeal to the King for a writ of right after the manor court's +decision or for a writ praecipe during the manor court's +proceeding. + +The Royal Court also decided disputes regarding baronies, +nuisance or encroachments on royal land or public ways or public +waterways, such as diverting waters from their right course and +issues of nuisance by the making or destroying of a ditch or the +destruction of a pond by a mill to the injury of a person's +freehold. Other pleas of the Crown were: insult to the royal +dignity, treason, breaches of safe-conducts, and injury to the +King's servants. + +Henry involved the Royal Court in many criminal issues, formerly +decided in the shire and hundred courts. To detect crimes, he +required royal officers to routinely ask selected +representatives: knights or other landholders, of every +neighborhood if any person were suspected of any murder, robbery, +etc. A traveling royal justice or a sheriff would then hold an +inquest, in which the representatives answered by oath what +people were reputed to have done certain crimes. They made such +inquiries through assizes of presentment, usually composed of +twelve men from each hundred and four men for each township. +(These later evolved into grand juries). These assizes were an +ancient institution in many parts of the country. They consisted +of representatives of the hundreds, usually knights, and villages +who testified under oath to all crimes committed in their +neighborhood, and indicted those they suspected as responsible +and those harboring them. What the assize did was to insist upon +the adoption of a standard procedure everywhere systematically. +The procedure was made more regular instead of depending on crime +waves. If indicted, the suspected persons were then sent to the +ordeal. There was no trial by compurgation, which was abolished +by Henry. If determined guilty, he forfeited his chattels to the +King and his land reverted to his landlord. If he passed the +ordeal but was ill-famed in the community, he could be banished +from the community. Later the ordeal was abolished. + +As before, a person could also be brought to trial by the +accusation of the person wronged. If the accused still denied the +charge after the accuser testified and the matter investigated by +inquiries and interrogation and then analyzed, a duel was held, +unless the accuser was over the age of sixty or maimed, in which +case the accused went to the ordeal. + +Criminal matters such as killing the King or sedition or +betraying the nation or the army, fraudulent concealment of +treasure trove [finding a hoard of coins which had been buried +when danger approached], breach of the King's peace, homicide, +murder (homicide for which there were no eye-witnesses), burning +(a town, house, men, animals or other chattel for hatred or +revenge), robbery, rape and falsifying (e.g. false charters or +false measures or false money) were punishable by death or loss +of limb. House-breaking, harboring outlaws, the royal perquisites +of shipwreck and the beasts of the sea which were stranded on the +coast were also punishable in the Royal Court. + +The Royal Court had grown substantially and was not always +presided over by the King. To avoid court agents from having too +much discretionary power, there was a systematic procedure for +bringing cases to the Royal Court. First, a plaintiff had to +apply to the King's Chancery for a standardized writ into which +the cause had to fit. The plaintiff had to pay a fee and provide +a surety that the plea was brought in good faith. The progress of +the suit was controlled at crucial points by precisely formulated +writs to the sheriff, instructing him for instance, to put the +disputed property under royal protection pending a decision, to +impanel an assize and have it view the property in advance of the +justices' arrival, to ascertain a point of fact material to the +plea, oor to summon a 'warrantor' to support a claim by the +defendant. + +The Royal Court kept a record on its cases on parchment kept +rolled up: its "rolls". The oldest roll of 1194 is almost +completely comprised of land cases. + +Anyone could appoint an agent, an "attorney", to appear in court +on his behalf, it being assumed that the principal could not be +present. The principal was then bound by the actions of his +agent. The common law system became committed to the "adversary +system" with the parties struggling judicially against each +other. + +The Royal Court took jurisdiction over issues of whether certain +land was civil or ecclesiastical [assize utrum], and therefore +whether the land owed services or payment to the Crown or not. It +also heard issues of disturbance of advowson, a complex of rights +to income from a church and to the selection of a parson for the +church [assize of darrien presentment]. Many churches had been +built by a lord on his manor for his villeins. The lord had then +appointed a parson and provided for his upkeep out of the income +of the church. In later times, the lord's chosen parson was +formally appointed by the bishop. In the twelfth century, many +lords had given their advowsons to abbeys. + +As before, the land of any person who had been outlawed or +convicted of a felony escheated to his lord. His moveable goods +and chattels became the King's. + +The manor court heard cases which arose out of the unfree tenures +of the lord's peasantry. + +The honorial court, part of the manor court, heard distraint, +also called "distress", issues. Distraint was a landlord's method +of forcing a tenant to perform the services of his fief. To +distrain by the fief, a lord first obtained a judgment of his +court. Otherwise, he distrained only by goods and chattels +without judgment of his court. A distraint was merely a security +to secure a person's services, if he agreed he owed them, or his +attendance in court, if he did not agree that he owed them. Law +and custom restricted the type of goods and chattels +distrainable, and the time and manner of distraint. For instance, +neither clothes, household utensils, nor a riding horse was +distrainable. The lord could not use the chattels taken while +they were in his custody. If cattle in custody were not +accessible to the tenant, the lord had to feed them at his +expense. The lord, if he were not the King, could not sell the +chattel. The action of replevin was available to the tenant to +recover property which had been wrongly distressed. This court +also determined inheritance and dower issues. + +The court of the vill enforced the village ordinances. The +hundred court dealt with the petty crimes of lowly men in the +neighborhood of a few vills. The shire and borough courts heard +cases of felonies, accusations against freemen, tort, and debts. +The knights make the shire courts work as legal and +administrative agencies of the Crown. + +Admiralty issues (since no assize could be summoned on the high +seas), and tenement issues of land held in frankalmoin where the +tenant was a cleric were heard in the ecclesiastical courts. + +The church copied the assize procedure developed by the Royal +Court to detect ecclesiastical offenses. Trial was still by +compurgation. Bishops could request the Chancery to imprison an +offender who had remained excommunicant for forty days, until he +made amends. Chancery complied as a matter of course. This went +on for six centuries. + +The delineations of jurisdiction among these courts was confused +and there was much competing and overlapping of jurisdictions. +However, the court could appoint arbitrators or suggest to the +parties to compromise to avoid the harshness of a decisive +judgment which might drive the losing party to violent self-help. + + +The office of coroner was established in the last years of +Richard's reign to determine if sudden deaths were accidental or +due to murder. + +Chief Justice Ranulph Glanville wrote a treatise on the writs +which could be brought in the Royal Court and the way they could +be used. It was a practical manual of procedure and of the law +administered in the Royal Court. + + + + +Chapter 7 + +- The Times 1215-1272 - + +Baron landowners' semi-fortified stone manor houses were improved +and extended. They were usually quadrangular around a central +courtyard. Ceilings were now made of tiles supplied by the tile +craft, which baked the tiles in kilns or over an open fire. +Sometimes the lord had his own parlor, with a sleeping loft above +it. Having a second floor necessitated a fireplace in the wall so +the smoke could go up two floors to the roof. Other rooms each +had a fireplace. Windows of large houses were of opaque glass +supplied by a glass-making craft. The glass was thick, uneven, +and greenish in color. The kitchen was often a separate room +because of the hazard of fire and had a furnace and ovens. +Sometimes there was a separate room for a dairy. + +The barons now managed and developed their estates to be as +productive as possible, often using the successful management +techniques of church estates. They kept records of their fields, +tenants, services owed by each tenant, and duties of the manor +officers, such as supervision of the ploughing and harrowing. +Annually, the manor's profit or loss for the year was calculated. +Most manors were self-supporting except that iron for tools and +horseshoes and salt for curing usually had to be obtained +elsewhere. Wine, tar, canvas and millstones were imports from +other countries. Sheep were kept in such large numbers that they +were susceptible to a new disease "scab". + +Manors averaged about ten miles distance between eachother, the +land in between being unused and called "wasteland". Statutes +after a civil war proscribing the retaking of land discouraged +the enclosure of waste land. + +Some villeins bought out their servitude by paying a substitute +to do his service or paying his lord a firm (from hence, the +words farm and farmer) sum to hire an agricultural laborer in his +place. This made it possible for a farm laborer to till one +continuous piece of land instead of scattered strips. + +Looms were now mounted with two bars. The clothing of most people +was made at home, even sandals. The village tanner and bootmaker +supplied long pieces of soft leather for more protection than +sandals. Tanning mills replaced some hand labor. The professional +hunter of wolves, lynx, or otters supplied head coverings. Every +village had a smith and possibly a carpenter for construction of +ploughs and carts. The smith obtained coal from coal fields for +heating the metal he worked. Horse harnesses were home-made from +hair and hemp. + +Most men wore a knife because of the prevalence of murder and +robbery. It was an every day event for a murderer to flee to +sanctuary in a church, which would then be surrounded by his +pursuers while the coroner was summoned. Usually, the fugitive +would confess and agree to leave the nation and never return. + +It had been long customary for the groom to endow his bride in +public at the church door. This was to keep her and her children +if he died first. If dower was not specified, it was understood +to be one-third of all lands and tenements. + +The county offices were: sheriff, coroner, escheator, and +constable or bailiff. There were 28 sheriffs for 38 counties. The +sheriff was a political appointee of the King and employed a +deputy or undersheriff, who was a lawyer, and clerks. If there +was civil commotion or contempt of royal authority, the sheriff +had power to raise a posse of armed men to restore order [posse +comitatus: power of the county]. There were about five coroners +in each county and they served for a number of years. They were +professionals chosen locally under the sheriff's supervision. The +escheator was appointed annually by the Treasurer to administer +the Crown's rights in feudal land in the county. The constables +and bailiffs operated at the hundred and parish level to detect +crime and keep the peace. They assisted sheriffs and Justices of +the Peace, organized "watches" for criminals and vagrants at the +village level, and raised the "hue and cry" along the highway and +from village to village in pursuit of offenders who had committed +felony or robbery in their districts. + +Everyone was taught to read and write in English. Even obscure +villages gathered children together for this schooling. Boys of +noblemen were taught reading, writing, Latin, a musical +instrument, athletics, riding, and gentlemanly conduct. Girls +were taught reading, writing, music, dancing, and perhaps +household nursing and first aid, spinning, embroidery, and +gardening. Girls of high social position were also taught riding +and hawking. Grammar schools taught, in Latin, grammar, logic +[dialectic], and rhetoric [art of public speaking and debate]. +The teacher possessed the only complete copy of the Latin text, +and most of the school work was done orally. Though books were +few and precious, the students read several Latin works. Girls +and boys of high social position usually had private teachers for +grammar school, while boys of lower classes were sponsored at +grammar schools such as those at Oxford. Discipline was +maintained by the birch or rod. + +There was no examination for admission as an undergraduate to +Oxford, but a knowledge of Latin with some skill in speaking +Latin was a necessary background. The students came from all +backgrounds. Some had their expenses paid by their parents, while +others had the patronage of a churchman, a religious house, or a +wealthy layman. + +A student at Oxford would become a master after graduating from a +seven year course of study of the seven liberal arts: [grammar, +rhetoric (the source of law), Aristotelian logic (which +differentiates the true from the false), arithmetic, including +fractions and ratios, (the foundation of order), geometry, +including methods of finding the length of lines, the area of +surfaces, and thevolume of solids, (the science of measurement), +astronomy (the most noble of the sciences because it is connected +with divinity and theology), music, and Aristotle's philosophy of +physics, metaphysics, and ethics; and then lecturing and leading +disputations for two years. He also had to write a thesis on some +chosen subject and defend it against the faculty. A Master's +degree gave one the right to teach. Further study for four years +led to a doctorate in one of the professions: theology and canon +or civil law. + +There were about 1,500 students in Oxford. They drank, played +dice, quarreled a lot and begged at street corners. There were +mob fights between students from the north and students from the +south and between students and townsmen. But when the mayor of +Oxford hanged two students accused of being involved in the +killing of a townswoman, many masters and students left for +Cambridge. In 1214, a charter created the office of Chancellor of +the university at Oxford. He was responsible for law and order +and, through his court, could fine, imprison, and excommunicate +offenders and expel undesirables such as prostitutes from the +town. He had authority over all crimes involving scholars, except +murder and mayhem. The Chancellor summoned and presided over +meetings of the masters and came to be elected by indirect vote +by the masters who had schools, usually no more than a room or +hall with a central hearth which was hired for lectures. Students +paid for meals there. Corners of the room were often partitioned +off for private study. At night, some students slept on the straw +on the floor. Six hours of sleep were considered sufficient. + +In 1221 the Friars established their chief school at Oxford. They +were bound by oaths of poverty, obedience, and chastity, but were +not confined within the walls of a monastery. They walked +barefoot from place to lace preaching. They begged for their food +and lodgings. They replaced monks, who had become self-indulgent, +as the most vital spiritual force among the people. In 1231, the +King ordered that every student must have his name on the roll of +a master and the masters had to keep a list of those attending +his lectures. + +The first college was founded in 1264 by Walter de Merton, former +Chancellor to the King, at Oxford. A college had the living +arrangements of a Hall, with the addition of monastic-type rules. +A warden and about 30 scholars lived and ate meals together in +the college buildings. Merton College's founding documents +provided that: "The house shall be called the House of the +Scholars of Merton, and it shall be the residence of the Scholars +forever. . . There shall be a constant succession of scholars +devoted to the study of letters, who shall be bound to employ +themselves in the study of Arts or Philosophy, the Canons or +Theology. Let there also be one member of the collegiate body, +who shall be a grammarian, and must entirely devote himself to +the study of grammar; let him have the care of the students in +grammar, and to him also let the more advanced have recourse +without a blush, when doubts arise in their faculty. . . There is +to be one person in every chamber, where Scholars are resident, +of more mature age than the others, who is to make his report of +their morals and advancement in learning to the Warden. . . The +Scholars who are appointed to the duty of studying in the House +are to have a common table, and a dress as nearly alike as +possible. . . The members of the College must all be present +together, as far as their leisure serves, at the canonical hours +and celebration of masses on holy and other days. . . The +Scholars are to have a reader at meals, and in eating together +they are to observe silence, and to listen to what is read. In +their chambers, they must abstain from noise and interruption of +their fellows; and when they speak they must use the Latin +language. . . A Scrutiny shall be held in the House by the Warden +and the Seniors, and all the Scholars there present, three times +a year; a diligent enquiry is to be instituted into the life, +conduct, morals, and progress in learning, of each and all; and +what requires correction then is to be corrected, and excesses +are to be visited with condign punishment. . ." + +Issues frequently argued concerned the newly discovered +philosophies of Aristotle vis a vis the accepted Christian +philosophy. Aristotle emphasized the intellectual use of reason +as a road to understanding whereas the church had always taught +that understanding came from revelation by God. + +Roger Bacon, an Oxford master, applied mathematical knowledge to +natural phenomena such as metal work, mineral work, the making of +weapons, agriculture, and the remedies and charms of wizards and +magicians. He studied angles of reflection in plane, spherical, +cylindrical, and conical mirrors, in both their concave and +convex aspects. He did experiments in refraction in different +media, e.g. air, water, and glass, and knew that the human cornea +refracted light and that the human eye lens was doubly convex. +(However it was another 400 years before the discovery of the +image on the retina.) He comprehended the magnifying power of +convex lenses and conceptualized the combination of lenses which +would increase the power of vision by magnification. Soon +afterwards, eyeglasses were available to correct farsightedness. + +Bacon studied gravity and the propagation of force, specifically +illustrated by the radiation of light and heat. He realized that +rays of light pass so much faster than those of sound or smell +that the time is imperceptible to humans. He knew that rays of +heat and sound penetrate all matter without our awareness and +that opaque bodies offered resistance to passage of light rays. +This was the beginning of the science of physics. + +He took the empirical knowledge as to a few metals and their +oxides and some of the principal alkalis, acids, and salts to the +abstract level of metals as compound bodies the elements of which +might be separated and recomposed and the general concept of +generation of liquids, gases, and solids, which was the beginning +of the science of chemistry. He made experiments that led the way +to saltpeter being made to explode, which led the way to the +formulation of gunpowder. He believed that the principle of +explosive energy would one day carry ships across the seas +without sails and propel carriages down the streets, and flying +machines. He knew the power of parabolic concave mirrors to cause +parallel rays to converge after reflexion to a focus and was +familiar with work done to produce a mirror that would induce +combustion at a fixed distance. + +He studied man's physical nature, health, and disease, the +beginning of the science of biology and medicine. He opined that +the use of talismen was not to bring about a change, but to bring +the patient into a frame of mind more conducive to physical +healing. + +Bacon studied different kinds of plants and the differences +between arable land, forest land, pasture land, and garden land. + +Like other educated men of his day (and those of the 13th through +the 16th century), he believed that the earth was the center of +the universe and in astrology, that is, that the position of the +stars and planets influenced man and other earthly things. For +instance, the position of the stars at a person's birth +determined his character. The angle and therefore potency of the +sun's rays influenced climate, temperament, and changes of mortal +life such as disease and revolutions. There was a propitious time +to have a marriage, go on a journey, make war, and take herbal +medicine or be bled by leeches, the latter of which was +accompanied by religious ceremony. Cure was by God, with medical +practitioners only relieving suffering. Pressure and binding were +applied to bleeding. Arrow and sword wounds to the skin or to any +protruding intestine were washed with warm water and sewn up with +needle and silk thread. Ribs were spread apart by a wedge to +remove arrow heads. Fractured bones were splinted or encased in +plaster. Dislocations were remedied. Hernias were trussed. +Bladder stones blocking urination were pushed back into the +bladder or removed through an artificial opening in the bladder. + +Bacon studied the planetary motions and astronomical tables to +forecast future events. He did calculations on days in a month +and days in a year which later contributed to the legal +definition of a leap year. He knew about magnetic poles +attracting if different and repelling if the same and the +relation of magnets' poles to those of the heavens and earth. He +calculated the circumference of the world and the latitude and +longitude of terrestrial positions, which was the beginning of +the study of geography. He foresaw sailing around the world and +pointed the way to the Copernican astronomy, which was founded on +the concept of the earth and planets revolving around the sun. + +His contribution to the development of science was abstracting +the method of experiment from the concrete problem to see its +bearing and importance as a universal method of research. He +advocated changing education to include studies of the natural +world using observation, exact measurement, and experiments. + +The making and selling of goods diverged e.g. as the cloth +merchant severed from the tailor and the leather merchant severed +from the butcher. These craftsmen formed themselves into guilds. +They sought charters to require all craftsmen to belong to the +guild of their craft, to have legal control of the craft work, +and be able to expel any craftsman for inobedience. These guilds +determined the wages and working conditions of the craftsmen and +petitioned the borough authorities for ordinances restraining +trade, for instance by controlling the admission of outsiders to +the craft, preventing foreigners from selling in the town except +at fairs, limiting purchases of raw materials to suppliers within +the town, forbidding night work, restricting the number of +apprentices to each master craftsmen, and requiring a minimum +number of years for apprenticeships. In return, these guilds +assured quality control. In some boroughs, they did work for the +town, such as maintaining certain defensive towers or walls of +the town near their respective wards. In some boroughs, fines for +infractions of these regulations were split between the guild and +the government. + +This jurisdiction was sought from the towns governments, which +were controlled by the merchant guilds, with great difficulty. In +London, this power was broken in 1261 by the craftsmen forcing +their way into the town-mote. By this brute show of strength, +they set aside the opinion of the magnates and selected their own +candidate to be mayor. + +The citizens of London had a common seal for the city. London +merchants traveled throughout the nation with goods to sell +exempt from tolls. Most of the London aldermen were woolmongers, +vintners, skinners, and grocers by turns or carried on all these +branches of commerce at once. There are three inns in London. +Hospitals such as "Bethleham Hospital" were established in +London. Only tiles were used for roofing in London, because wood +shingles were fire hazards and fires in London had been frequent. +Some areas near London are disclaimed by the King to be royal +forest land, so all citizens could hunt there and till their land +there without interference by the royal foresters. + +A gold penny waminted, which was worth 2s. of silver. Jews were +allowed to make loans with interest up to 2d. a week for 20s. +lent. + +Ships had two masts, decks, and cabins. On the coasts there were +lights and beacons. Harbors at river mouths were kept from +silting up. Ships were loaded from piers. The construction of +London Bridge had just been finished. Coal was mined. Bricks +began to be imported for building. + +Newcastle-on-Tyne received these new rights: + +1. And that they shall justly have their lands and tenures and +mortgages and debts, whoever owes them to them. + +2. Concerning their lands and tenures within the town, right +shall be done to them according to the custom of the city Winton. + +3. And of all their debts which are lent in Newcastle-on-Tyne and +of mortgages there made, pleas shall be held at +Newcastle-on-Tyne. + +4. None of them shall plead outside the walls of the City of +Newcastle-on-Tyne on any plea, except pleas of tenures outside +the city and except the minters and my ministers. + +5. That none of them be distrained by any without the said city +for the repayment of any debt to any person for which he is not +capital debtor or surety. + +6. That the burgesses shall be quit of toll and lastage [duty on +a ship's cargo] and pontage [tax for repairing bridges] and have +passage back and forth. + +7. Moreover, for the improvement of the city, I have granted them +that they shall be quit of year's gift and of scotale [pressure +to buy ale at the sheriff's tavern], so that my sheriff of +Newcastle-on-Tyne or any other minister shall not make a scotale. + +8. And whosoever shall seek that city with his merchandise, +whether foreigners or others, of whatever place they may be, they +may come sojourn and depart in my safe peace, on paying the due +customs and debts, and any impediment to these rights is +prohibited. + +9. We have granted them also a merchant guild. + +10. And that none of them [in the merchant guild] shall fight a +duel. + +The King no longer lives on his own from income from his own +lands, but takes money from the treasury. Elected men from the +baronage met with the King and his council in several conferences +called Parliaments to discuss the levying of taxes and the +solution of difficult legal cases, and to receive petitions. +Statutes were enacted. Earl Montfort and certain barons forced +King Henry III to summon a Parliament in 1265 in which the common +people were represented officially by four knights from every +shire [county] and two burgesses from every borough. + + +- The Law - + +The barons forced successive Kings to sign the Magna Carta until +it became the law of the land. It became the first statute of the +official statute book. It's provisions express the principle that +a King is bound by the law and is not above it. However, there is +no redress if the King breaches the law. + +The Magna Carta was issued by John in 1215. A revised version was +issued by Henry III in 1225 with the forest clauses separated out +into a forest charter. The two versions are replicated together, +with the formatting of each indicated in the titles below. + +{Magna Carta - 1215} +Magna Carta - 1215 & 1225 +MAGNA CARTA - 1225 + +{John, by the grace of God, King of England, Lord of Ireland, +Duke of Normandy and Aquitaine, and Count of Anjou: To the +Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, +Foresters, Sheriffs, Reeves, Ministers, and all Bailiffs and +others, his faithful subjects, Greeting. Know ye that in the +presence of God, and for the health of our soul, and the souls of +our ancestors and heirs, to the honor of God, and the exaltation +of Holy Church, and amendment of our realm, by the advice of our +reverend Fathers, Stephen, Archbishop of Canterbury, Primate of +all England, and Cardinal of the Holy Roman Church; Henry, +Archbishop of Dublin; William of London, Peter of Winchester, +Jocelin of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, and Benedict of Rochester, +Bishops; Master Pandulph, the Pope's subdeacon and familiar; +Brother Aymeric, Master of the Knights of the Temple in England; +and the noble persons, William Marshall, Earl of Pembroke; +William, Earl of Salisbury; William, Earl of Warren; William, +Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin +Fitz-Gerald, Peter Fitz-Herbert, Hubert de Burgh, Seneshal of +Poitou, Hugh de Neville, Matthew Fitz-Herbert, Thomas Basset, +Alan Basset, Philip Daubeny, Robert de Roppelay, John Marshall, +John Fitz-Hugh, and others, our liegemen:} + +HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE +OF NORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS, +BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, +OFFICERS AND TO ALL BAILIFFS AND OTHER OUR FAITHFUL SUBJECTS +WHICH SHALL SEE THIS PRESENT CHARTER, GREETING. + +KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE +SALVATION OF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS OF +ENGLAND, TO THE ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR +REALM, OF OUR MEER AND FREE WILL, HAVE GIVEN AND GRANTED TO ALL +ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, AND TO ALL +FREE MEN OF THIS OUR REALM, THESE LIBERTIES FOLLOWING, TO BE KEPT +IN OUR KINGDOM OF ENGLAND FOREVER. + +[I. A CONFIRMATION OF LIBERTIES] + +First, we have granted to God, and by this our present Charter +confirmed, for us and our heirs forever, that the English Church +shall be free and enjoy her whole rights and her liberties +inviolable. {And that we will this so to be observed appears from +the fact that we of our own free will, before the outbreak of the +dissensions between us and our barons, granted, confirmed, and +procured to be confirmed by Pope Innocent III the freedom of +elections, which is considered most important and necessary to +the English Church, which Charter we will both keep ourself and +will it to be kept with good faith by our heirs forever.} We have +also granted to all the free men of our realm, for us and our +heirs forever, all the liberties underwritten, to have and to +hold to them and their heirs of us and our heirs. + +[II. THE RELIEF OF THE KING'S TENANT OF FULL AGE] + +If any of our earls, barons, or others who hold of us in chief by +knight's service dies, and at the time of his death his heir is +of full age and owes to us a relief, he shall have his +inheritance on payment of [no more than] the old relief; to wit, +the heir or heirs of an earl, for an entire earldom, 100 pounds +[2,000s.]; the heir or heirs of a baron of an entire barony, {100 +pounds} 100 MARKS [67 POUNDS OR 1340s.]; the heir or heirs of an +entire knight's fee, 100s. at the most [about 1/3 of a knight's +annual income]; and he who owes less shall give less, according +to the old custom of fees. + +[III. THE WARDSHIP OF AN HEIR WITHIN AGE. THE HEIR A KNIGHT] + +BUT IF THE HEIR OF SUCH BE UNDER AGE, HIS LORD SHALL NOT HAVE THE +WARD OF HIM, NOR OF HIS LAND, BEFORE THAT HE HAS TAKEN OF HIM +HOMAGE. If, however, any such heir is under age and in ward, he +shall have his inheritance without relief or fine when he comes +of age, THAT IS, TWENTY-ONE YEARS OF AGE. SO THAT IF SUCH AN HEIR +NOT OF AGE IS MADE A KNIGHT, YET NEVERTHELESS HIS LAND SHALL +REMAIN IN THE KEEPING OF HIS LORD UNTO THE AFORESAID TERM. + +[IV. NO WASTE SHALL BE MADE BY A GUARDIAN IN WARD'S LANDS] + +The guardian of the land of any heir thus under age shall take +therefrom only reasonable issues, customs, and services, without +destruction or waste of men or goods. And if we commit the +custody of any such land to the sheriff or any other person +answerable to us for the issues of the same land, and he commits +destruction or waste, we will take an amends from him and +recompense therefore. And the land shall be committed to two +lawful and discreet men of that fee, who shall be answerable for +the issues of the same land to us or to whomsoever we shall have +assigned them. And if we give or sell the custody of any such +land to any man, and he commits destruction or waste, he shall +lose the custody, which shall be committed to two lawful and +discreet men of that fee, who shall, in like manner, be +answerable to us as has been aforesaid. + +[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND +OF BISHOPRICKS, +ETC.] + +The guardian, so long as he shall have the custody of the land, +shall keep up and maintain the houses, parks, fishponds, pools, +mills, and other things pertaining thereto, out of the issues of +the same, and shall restore to the heir when he comes of age, all +his land stocked with {ploughs and tillage, according as the +season may require and the issues of the land can reasonable +bear} PLOUGHS AND ALL OTHER THINGS, AT THE LEAST AS HE RECEIVED +IT. ALL THESE THINGS SHALL BE OBSERVED IN THE CUSTODIES OF VACANT +ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES, CHURCHES, AND +DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCH CUSTODY +SHALL NOT BE SOLD. + +[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT] + +Heirs shall be married without loss of station. {And the marriage +shall be made known to the heir's nearest of kin before it is +contracted.} + +[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND +QUERENTINE. THE KING'S WIDOW, ETC.] + +A widow, after the death of her husband, shall immediately and +without difficulty have her marriage portion [property given to +her by her father] and inheritance. She shall not give anything +for her marriage portion, dower, or inheritance which she and her +husband held on the day of his death, and she may remain in her +husband's house for forty days after his death, within which time +her dower shall be assigned to her. IF THAT HOUSE IS A CASTLE AND +SHE LEAVES THE CASTLE, THEN A COMPETENT HOUSE SHALL FORTHWITH BE +PROVIDED FOR HER, IN WHICH SHE MAY HONESTLY DWELL UNTIL HER DOWER +IS ASSIGNED TO HER AS AFORESAID; AND IN THE MEANTIME HER +REASONABLE ESTOVERS OF THE COMMON, ETC. + +No widow shall be compelled to marry so long as she has a mind to +live without a husband, provided, however, that she gives +security that she will not marry without our assent, if she holds +of us, or that of the lord of whom she holds, if she holds of +another. + +[VIII. HOW SURETIES SHALL BE CHARGED TO THE KING] + +Neither we nor our bailiffs shall seize any land or rent for any +debt as long as the debtor's goods and chattels suffice to pay +the debt AND THE DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. +Nor shall the debtor's sureties be distrained as long as the +debtor is able to pay the debt. If the debtor fails to pay, not +having the means to pay, OR WILL NOT PAY ALTHOUGH ABLE TO PAY, +then the sureties shall answer the debt. And, if they desire, +they shall hold the debtor's lands and rents until they have +received satisfaction of that which they had paid for him, unless +the debtor can show that he has discharged his obligation to +them. + +{If anyone who has borrowed from the Jews any sum of money, great +or small, dies before the debt has been paid, the heir shall pay +no interest on the debt as long as he remains under age, of +whomsoever he may hold. If the debt falls into our hands, we will +take only the principal sum named in the bond.} + +{And if any man dies indebted to the Jews, his wife shall have +her dower and pay nothing of that debt; if the deceased leaves +children under age, they shall have necessaries provided for them +in keeping with the estate of the deceased, and the debt shall be +paid out of the residue, saving the service due to the deceased's +feudal lords. So shall it be done with regard to debts owed +persons +other than Jews.} + +[IX. THE LIBERTIES OF LONDON AND OTHER CITIES AND TOWNS +CONFIRMED] + +The City of London shall have all her old liberties and free +customs, both by land and water. Moreover, we will and grant that +all other cities, boroughs, towns, and ports shall have all their +liberties and free customs. + +{No scutage or aid shall be imposed in our realm unless by common +counsel thereof, except to ransom our person, make our eldest son +a knight, and once to marry our eldest daughter, and for these +only a reasonable aid shall be levied. So shall it be with regard +to aids from the City of London.} + +{To obtain the common counsel of the realm concerning the +assessment of aids (other than in the three aforesaid cases) or +of scutage, we will have the archbishops, bishops, abbots, earls, +and great barons individually summoned by our letters; we will +also have our sheriffs and bailiffs summon generally all those +who hold lands directly of us, to meet on a fixed day, but with +at least forty days' notice, and at a fixed place. In all such +letters of summons, we will explain the reason therefor. After +summons has thus been made, the business shall proceed on the day +appointed, according to the advice of those who are present, even +though not all the persons summoned have come.} + +{We will not in the future grant permission to any man to levy an +aid upon his free men, except to ransom his person, make his +eldest son a knight, and once to marry his eldest daughter, and +on each of these occasions only a reasonable aid shall be +levied.} + +[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.] + +No man shall be compelled to perform more service for a knight's +fee nor any freehold than is due therefrom. + +[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT] + +People who have Common Pleas shall not follow our Court traveling +about the realm, but shall be heard in some certain place. + +[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT +FOR DIFFICULTY] + +{Land assizes of novel disseisin, mort d'ancestor and darrein +presentment shall be heard only in the county where the property +is situated, and in this manner: We or, if we are not in the +realm, our Chief Justiciary, shall send two justiciaries through +each county four times a year [to clear and prevent backlog], and +they, together with four knights elected out of each county by +the people thereof, shall hold the said assizes in the county +court, on the day and in the place where that court meets.} + +ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY +IN THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: +WE, OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL +SEND JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND THEY +TOGETHER WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID ASSIZES +IN THE COUNTY. + +{If the said assizes cannot be held on the day appointed, so many +of the knights and freeholders as were present on that day shall +remain as will be sufficient for the administration of justice, +according to the amount of business to be done.} + +AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, +BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE +DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR +CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES +CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES +OF THE BENCH AND THERE SHALL BE ENDED. + +[XIII. ASSIZES OF DARREIN PRESENTMENT] + +ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR +JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED. + +[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM] + +A free man shall be amerced [made to pay a fine to the King] for +a small offence only according to the degree thereof, and for a +serious offence according to its magnitude, saving his position +and livelihood; and in like manner a merchant, saving his trade +and merchandise, and a villein saving his tillage, if they should +fall under our mercy. None of these amercements shall be imposed +except by the oath of honest men of the neighborhood. + +Earls and barons shall be amerced only by their peers, and only +in accordance with the seriousness of the offense. + +{No amercement shall be imposed upon a cleric's lay tenement, +except in the manner of the other persons aforesaid, and without +regard to the value of his ecclesiastical benefice.} + +NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH +THE SERIOUSNESS OF THE OFFENCE AND AFTER HIS LAY TENEMENT, BUT +NOT AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE. + +[XV. MAKING OF BRIDGES AND BANKS] + +No town or freeman shall be compelled to build bridges over +rivers OR BANKS except those bound by old custom and law to do +so. + +[XVI. DEFENDING OF BANKS] + +NO BANKS SHALL BE DEFENDED, FROM HENCEFORTH, BUT SUCH AS WERE IN +DEFENCE IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE +SAME PLACES AND IN THE SAME BOUNDS AS IN HIS TIME. + +[XVII. HOLDING PLEAS OF THE CROWN] + +No sheriff, constable, coroners, or other of our bailiffs shall +hold pleas of our Crown [but only justiciars]. + +{All counties, hundreds, wapentakes, and tithings (except our +demesne manors) shall remain at the old rents, without any +increase.} + +[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID] + +If anyone holding a lay fee of us dies, and our sheriff or our +bailiff show our letters patent [public letter] of summons for a +debt due to us from the deceased, it shall be lawful for such +sheriff or bailiff to attach and list the goods and chattels of +the deceased found in the lay fee to the value of that debt, by +the sight and testimony of lawful men, so that nothing thereof +shall be removed therefrom until our whole debt is paid; then the +residue shall be given up to the executors to carry out the will +of the deceased. If there is no debt due from him to us, all his +chattels shall remain the property of the deceased, saving to his +wife and children their reasonable shares. + +{If any free man dies intestate, his chattels shall be +distributed by his nearest kinfolk and friends, under supervision +of the Church, saving to each creditor the debts owed him by the +deceased.} + +[XIX. PURVEYANCE FOR A CASTLE] + +No constable or other of our bailiffs shall take grain or other +chattels of any man without immediate payment, unless the seller +voluntarily consents to postponement of payment. THIS APPLIES IF +THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS +OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID +TO HIM WITHIN 40 DAYS. + +[XX. DOING OF CASTLE-GUARD] + +No constable shall compel any knight to give money for keeping of +his castle in lieu of castle-guard when the knight is willing to +perform it in person or, if reasonable cause prevents him from +performing it himself, by some other fit man. Further, if we lead +or send him into military service, he shall be excused from +castle-guard for the time he remains in service by our command. + +[XXI. TAKING OF HORSES, CARTS, AND WOOD] + +No sheriff or bailiff of ours, or any other man, shall take +horses or carts of any free man for carriage without the owner's +consent. HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH +TWO HORSES, 10d. A DAY; FOR THREE HORSES, 14d. A DAY. NO DEMESNE +CART OF ANY SPIRITUAL PERSON OR KNIGHT OR ANY LORD SHALL BE TAKEN +BY OUR BAILIFFS. + +Neither we nor our bailiffs will take another man's wood for our +castles or for other of our necessaries without the owner's +consent. + +[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING] + +We will hold the lands of persons convicted of felony for only a +year and a day [to remove the chattels and moveables], after +which they shall be restored to the lords of the fees. + +[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED] + +All fishweirs [obstructing navigation] shall be entirely removed +by the Thames and Medway rivers, and throughout England, except +upon the seacoast. + +[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE] + +The writ called "praecipe in capite" shall not in the future be +granted to anyone respecting any freehold if thereby a free man +may not be tried in his lord's court. + +[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM] + +There shall be one measure of wine throughout our realm, one +measure of ale, and one measure of grain, to wit, the London +quarter, and one breadth of dyed cloth, russets, and haberjets, +to wit, two {ells} YARDS within the selvages. As with measures so +shall it also be with weights. + +[XXVI. INQUISITION OF LIFE AND LIMB] + +Henceforth nothing shall be given or taken for a writ of +inquisition upon life or limb, but it shall be granted freely and +not denied. + +[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S +SERVICE. PETIT SERJEANTY.] + +If anyone holds of us by fee farm, socage, or burgage, and also +holds land of another by knight's service, we will not by reason +of that fee farm, socage, or burgage have the wardship of his +heir, or the land which belongs to another man's fee. Nor will we +have the custody of such fee farm, socage, or burgage unless such +fee farm owe knight's service. We will not have the wardship of +any man's heir, or the land which he holds of another by knight's +service, by reason of any petty serjeanty which he holds of us by +service of rendering us knives, arrows, or the like. + +[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS] + +In the future no bailiff shall upon his own unsupported +accusation put any man to trial or oath without producing +credible witnesses to the truth of the accusation. + +[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT +BE SOLD OR DELAYED.] + +No free man shall be taken, imprisoned, disseised OF HIS FREEHOLD +OR LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any +way ruined, nor will we prosecute or condemn him, except by the +lawful judgment of his peers or by the law of the land. + +To no one will we sell [by bribery], to none will we deny or +delay, right orjustice. + +[XXX. MERCHANT STRANGERS COMING INTO THIS REALM SHALL BE WELL +USED] + +All merchants shall have safe conduct to go and come out of and +into England, and to stay in and travel through England by land +and water, to buy and sell, without evil tolls, in accordance +with old and just customs, except, in time of war, such merchants +as are of a country at war with us. If any such be found in our +realm at the outbreak of war, they shall be detained, without +harm to their bodies or goods, until it be known to us or our +Chief Justiciary how our merchants are being treated in the +country at war with us. And if our merchants are safe there, then +theirs shall be safe with us. + +{Henceforth anyone, saving his allegiance due to us, may leave +our realm and return safely and securely by land and water, +except for a short period in time of war, for the common benefit +of the realm.} + +[XXXI. TENURE OF A BARONY COMING INTO THE KING'S HANDS BY +ESCHEAT] + +If anyone dies holding of any escheat, such as the honor of +Wallingford, Nottingham, Boulogne, {Lancaster,} or other escheats +which are in our hands and are baronies, his heir shall not give +any relief or do any service to us other than he would owe to the +baron, if such barony had been in the baron's hands. And we will +hold the escheat in the same manner in which the baron held it. +NOR SHALL WE HAVE, BY OCCASION OF ANY BARONY OR ESCHEAT, ANY +ESCHEAT OR KEEPING OF ANY OF OUR MEN, UNLESS HE WHO HELD THE +BARONY OR ESCHEAT ELSEWHERE HELD OF US IN CHIEF. + + +Persons dwelling outside the forest need not in the future come +before our justiciaries of the forest in answer to a general +summons unless they are impleaded or are sureties for any person +or persons attached for breach of forest laws. + + +[XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE LORD'S +SERVICE] + +NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS +LAND, BUT SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE FEE +MAY HAVE THE SERVICE DUE TO HIM WHICH BELONGS TO THE FEE. + +{We will appoint as justiciaries, constables, sheriffs, or +bailiffs only such men as know the law of the land and will keep +it well.} + +[XXXIII. PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF THEM WHEN +VACANT] + +All barons who had founded abbeys of which they have charters of +English Kings or old tenure, shall have the custody of the same +when vacant, as is their due. + + +All forests which have been created in our time shall forthwith +be disafforested. {So shall it be done with regard to river banks +which have been enclosed by fences in our time.} + +{All evil customs concerning forests and warrens, foresters and +warreners, sheriffs and their officers, or riverbanks and their +conservators shall be immediately investigated in each county by +twelve sworn knights of such county, who are chosen by honest men +of that county, and shall within forty days after this inquest be +completely and irrevocably abolished, provided always that the +matter has first been brought to our knowledge, or that of our +justiciars, if we are not in England.} + +{We will immediately return all hostages and charters delivered +to us by Englishmen as security for the peace or for the +performance of loyal service.} + +{We will entirely remove from their offices the kinsmen of Gerald +de Athyes, so that henceforth they shall hold no office in +England: Engelard de Cigogne, Peter, Guy, and Andrew de +Chanceaux, Guy de Cigogne, Geoffrey de Martigny and his brothers, +Philip Mark and his brothers, and Geoffrey his nephew, and all +their followers.} + +{As soon as peace is restored, we will banish from our realm all +foreign knights, crossbowmen, sergeants, and mercenaries, who +have come with horses and arms, to the hurt of the realm.} + +{If anyone has been disseised or deprived by us, without the +legal judgment of his peers, of lands, castles, liberties, or +rights, we will immediately restore the same, and if any +disagreement arises on this, the matter shall be decided by +judgment of the twenty-five barons mentioned below in the clause +for securing the peace. With regard to all those things, however, +of which any man was disseised or deprived, without the legal +judgment of his peers, by King Henry [II] our Father or our +Brother King Richard, and which remain in our hands or are held +by others under our warranty, we shall have respite during the +term commonly allowed to the Crusaders, excepting those cases in +which a plea was begun or inquest made on our order before we +took the cross; when, however, we return from our pilgrimage, or +if perhaps we do not undertake it, we will at once do full +justice in these matters.} + +{Likewise, we shall have the same respite in rendering justice +with respect to the disafforestation or retention of those +forests which Henry [II] our Father or Richard our Brother +afforested, and concerning custodies of lands which are of the +fee of another, which we hitherto have held by reason of the fee +which some person has held of us by knight's service, and to +abbeys founded on fees other than our own, in which the lord of +that feee asserts his right. When we return from our pilgrimage, +or if we do not undertake it, we will forthwith do full justice +to the complainants in these matters.} + +[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH] + +No one shall be arrested or imprisoned upon a woman's appeal for +the death of any person other than her husband [since no woman +was expected to personally engage in trial by battle]. + +[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN +AND A LEET (COURT OF CRIMINAL JURISDICTION EXCEPTING FELONIES)] + +NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO +MONTH; AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE +GREATER. NOR SHALL ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN +THE HUNDRED BUT TWICE IN THE YEAR; AND NO WHERE BUT IN DUE PLACE +AND ACCUSTOMED TIME, THAT IS, ONCE AFTER EASTER, AND AGAIN AFTER +THE FEAST OF SAINT MICHAEL. AND THE VIEW OF FRANKPLEDGE [THE +RIGHT OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS +EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE +LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT +OF THE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] +SHALL BE LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, +SO THAT EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO +HAVE, IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, OR WHICH HE +HAS SINCE PURCHASED. THE VIEW OF FRANKPLEDGE SHALL BE SO DONE, +THAT OUR PEACE MAY BE KEPT; AND THAT THE TYTHING BE WHOLLY KEPT +AS IT HAS BEEN ACCUSTOMED; AND THAT THE SHERIFF SEEK NO +OCCASIONS, AND THAT HE BE CONTENT WITH SO MUCH AS THE SHERIFF WAS +WONT TO HAVE FOR HIS VIEW-MAKING IN THE TIME OF KING HENRY OUR +GRANDFATHER. + +[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN] + +IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO +ANY RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF +THE SAME HOUSE. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION +TO TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE +RECEIVED IT. IF ANY FROM HENCEFORTH GIVE HIS LANDS TO ANY +RELIGIOUS HOUSE, AND THEREUPON BE CONVICTED, THE GIFT SHALL BE +UTTERLY VOID, AND THE LAND SHALL ACCRUE TO THE LORD OF THE FEE. + +{All fines unjustly and unlawfully given to us, and all +amercements levied unjustly and against the law of the land, +shall be entirely remitted or the matter decided by judgment of +the twenty-five barons mentioned below in the clause for securing +the peace, or the majority of them, together with the aforesaid +Stephen, Archbishop of Canterbury, if he himself can be present, +and any others whom he may wish to bring with him for the +purpose; if he cannot be present, the business shall nevertheless +proceed without him. If any one or more of the said twenty-five +barons has an interest in a suit of this kind, he or they shall +step down for this particular judgment, and be replaced by +another or others, elected and sworn by the rest of the said +barons, for this occasion +only.} + +{If we have disseised or deprived the Welsh of lands, liberties, +or other things, without legal judgment of their peers, in +England or Wales, they shall immediately be restored to them, and +if a disagreement arises thereon, the question shall be +determined in the Marches by judgment of their peers according to +the law of England as to English tenements, the law of Wales as +to Welsh tenements, the law of the Marches as to tenements in the +Marches. The same shall the Welsh do to us and ours.} + +{But with regard to all those things of which any Welshman was +disseised or deprived, without legal judgment of his peers, by +King Henry [II] our Father or our Brother King Richard, and which +we hold in our hands or others hold under our warranty, we shall +have respite during the term commonly allowed to the Crusaders, +except as to those matters whereon a suit had arisen or an +inquisition had been taken by our command prior to our taking the +cross. Immediately after our return from our pilgrimage, or if by +chance we do not undertake it, we will do full justice according +to the laws of the Welsh and the aforesaid regions.} + +{We will immediately return the son of Llywelyn, all the Welsh +hostages, and the charters which were delivered to us as security +for the peace.} + +{With regard to the return of the sisters and hostages of +Alexander, King of the Scots, and of his liberties and rights, we +will do the same as we would with regard to our other barons of +England, unless it appears by the charters which we hold of +William his father, late King of the Scots, that it ought to be +otherwise; this shall be determined by judgment of his peers in +our court.} + +[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF +THE FOREST, GRANTED TO THE KING.] + +ESCUAGE [SHIELD MILITARY SERVICE] FROM HENCEFORTH SHALL BE TAKEN +AS IT WAS WONT TO BE IN THE TIME OF KING HENRY [II] OUR +GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS, ABBOTS, +PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS AS +WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE +CUSTOMS, WHICH THEY HAVE HAD IN TIME PASSED. AND ALL THESE +CUSTOMS AND LIBERTIES AFORESAID, WHICH WE HAVE GRANTED TO BE HELD +WITHIN THIS OUR REALM, AS MUCH AS PERTAINS TO US AND OUR HEIRS, +WE SHALL OBSERVE. + +{All the customs and liberties aforesaid, which we have granted +to be enjoyed, as far as it pertains to us towards our people +throughout our realm, let all our subjects, whether clerics or +laymen, observe, as far as it pertains toward their dependents.} + +AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS +MUCH AS IN THEM IS) SHALL OBSERVE THE SAME AGAINST ALL PERSONS IN +LIKE WISE. AND FOR THIS OUR GIFT AND GRANT OF THESE LIBERTIES, +AND OF OTHER CONSTRAINED IN OUR CHARTER OF LIBERTIES OF OUR +FOREST, THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, +KNIGHTS, FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN UNTO US +THE FIFTEENTH PART OF ALL THEIR MOVEABLES. AND WE HAVE GRANTED +UNTO THEM ON THE OTHER PART, THAT NEITHER WE, NOR OUR HEIRS, +SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THIS +CHARTER CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY THING +BE PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT SHALL BE +HAD OF NO FORCE NOR EFFECT. + + +{Whereas we, for the honor of God and the reform of our realm, +and in order the better to allay the discord arisen between us +and our barons, have granted all these things aforesaid. We, +willing that they be forever enjoyed wholly and in lasting +strength, do give and grant to our subjects the following +security, to wit, that the barons shall elect any twenty-five +barons of the realm they wish, who shall, with their utmost +power, keep, hold, and cause to be kept the peace and liberties +which we have granted unto them and by this our present Charter +have confirmed, so that if we, our Justiciary, bailiffs, or any +of our ministers offends in any respect against any man, or +transgresses any of these articles of peace or security, and the +offense is brought before four of the said twenty-five barons, +those four barons shall come before us, or our Chief Justiciary +if we are out of the realm, declaring the offense, and shall +demand speedy amends for the same. If we or, in case of our being +out of the realm, our Chief Justiciary fails to afford redress +within forty days from the time the case was brought before us +or, in the event of our having been out of the realm, our Chief +Justiciary, the aforesaid four barons shall refer the matter to +the rest of the twenty-five barons, who, together with the +commonalty of the whole country, shall distrain and distress us +to the utmost of their power, to wit, by capture of our castles, +lands, and possessions and by all other possible means, until +compensation is made according to their decision, saving our +person and that of our Queen and children; as soon as redress has +been had, they shall return to their former allegiance. Anyone in +the realm may take oath that, for the accomplishment of all the +aforesaid matters, he will obey the orders of the said +twenty-five barons and distress us to the utmost of his power; +and we give public and free leave to everyone wishing to take +oath to do so, and to none will we deny the same. Moreover, all +such of our subjects who do not of their own free will and accord +agree to swear to the said twenty-five barons, to distrain and +distress us together with them, we will compel to do so by our +command in the aforesaid manner. If any one of the twenty-five +barons dies or leaves the country or is in any way hindered from +executing the said office, the rest of the said twenty-five +barons shall choose another in his stead, at their discretion, +who shall be sworn in like manner as the others. In all cases +which are referred to the said twenty-five barons to execute, and +in which a difference arises among them, supposing them all to be +present, or in which not all who have been summoned are willing +or able to appear, the verdict of the majority shall be +considered as firm and binding as if the whole number had been of +one mind. The aforesaid twenty-five shall swear to keep +faithfully all the aforesaid articles and, to the best of their +power, to cause them to be kept by others. We will not procure, +either by ourself or any other, anything from any man whereby any +of these concessions or liberties may be revoked or abated. If +any such procurement is made, let it be null and void; it shall +never be made use of either by us or by any other.} + +{We have also fully forgiven and pardoned all ill-will, wrath, +and malice which has arisen between us and our subjects, both +clergy and laymen, during the disputes, to and with all men. +Moreover, we have fully forgiven and, as far as it pertains to +us, wholly pardoned to and with all, clergy and laymen, all +offences made in consequence of the said disputes from Easter in +the sixteenth year of our reign until the restoration of peace. +Over and above this, we have caused letters patent to be made for +Stephen, Archbishop of Canterbury, Henry, Archbishop of Dublin, +the above-mentioned Bishops, and Master Pandulph, for the +aforesaid security and concessions.} + +{Wherefore we will that, and firmly command that, the English +Church shall be free and all men in our realm shall have and hold +all the aforesaid liberties, rights, and concessions, well and +peaceably, freely, quietly, fully, and wholly, to them and their +heirs, of us and our heirs, in all things and places forever, as +is aforesaid. It is moreover sworn, as will on our part as on the +part of the barons, that all these matters aforesaid shall be +kept in good faith and without deceit. Witness the above-named +and many others. Given by our hand in the meadow which is called +Runnymede, between Windsor and Staines, on the fifteenth day of +June in the seventeenth year of our reign.} + +THESE BEING WITNESSES: +LORD S. ARCHBISHOP OF CANTERBURY, E. BISHOP OF LONDON, F. +BISHOP OF BATHE, G. OF WINCESTER, H. OF LINCOLN, R. OF +SALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. OF ELY, H. OF +HEREFORD, R. OF CHICHESTER, W. OF EXETER, BISHOPS; THE ABBOT OF +ST. EDMONDS, THE ABBOT OF ST. ALBANS, THE ABBOT OF BELLO, THE +ABBOT OF ST. AUGUSTINES IN CANTERBURY, THE ABBOT OF EVESHAM, THE +ABBOT OF WESTMINSTER, THE ABBOT OF BOURGH ST. PETER, THE ABBOT OF +REDING, THE ABBOT OF ABINDON, THE ABBOT OF MALMBURY, THE ABBOT OF +WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT OF CERTESEY, THE ABBOT OF +SHERBURN, THE ABBOT OF CERNE, THE ABBOT OF ABBOREBIR, THE ABBOT +OF MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OF CIRENCESTER, H. +DE BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W. EARL OF +SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTER AND +HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF +ESSEX, H. DE BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. +EARL OF HEREFORD, F. CONSTABLE OF CHESTER, G. DE TOS, H. +FITZWALTER, R. DE BYPONTE, W. DE BRUER, +R. DE MONTEFICHET, P. FITXHERBERT, W. DE AUBENIE, F. GRESLY, F. +DE BREUS, F. DE MONEMUE, F. FITZALLEN, H. DE MORTIMER, W. DE +BEUCHAMP, W. DE ST. JOHN, P. DE MAULI, BRIAN DE LISLE, THOMAS DE +MULTON, R. DE ARGENTEYN, G. DE NEVIL, W. DE MAUDUIT, F. DE BALUN, +AND OTHERS. +GIVEN AT WESTMINSTER THE 11TH DAY OF FEBRUARY THE 9TH YEAR OF OUR +REIGN. + +WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID, +CONFIRM AND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS +PERPETUALLY, AND BY THE TENOUR OF THESE PRESENTS, DO RENEW THE +SAME; WILLING AND GRANTING FOR US AND OUR HEIRS, THAT THIS +CHARTER, AND ALL SINGULAR HIS ARTICLES, FOREVER SHALL BE +STEDFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IF ANY ARTICLE +IN THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTURE HAS NOT +BEEN KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROM +HENCEFORTH FIRMLY THEY BE OBSERVED. + + +Statutes which were enacted after the Magna Carta follow: + +Nuisance is recognized by this statute: "Every freeman, without +danger, shall make in his own wood, or in his land, or in his +water, which he has within our Forest, mills, springs, pools, +clay pits, dikes, or arable ground, so that it does not annoy any +of his neighbors." + +Anyone taking a widow's dower after her husband's death must not +only return the dower, but pay damages in the amount of the value +of the dower from the time of death of the husband until her +recovery of seisin. + +Widows may bequeath the crop of their ground as well of their +dowers as of their other lands and tenements. + + +Freeholders of tenements on manors shall have sufficient ingress +and egress from their tenements to the common pasture and as much +pasture as suffices for their tenements. + +"Grain shall not be taken under the pretense of borrowing or the +promise of after-payment without the permission of the owner." + +"A parent or other who forcefully leads away and withholds, or +marries off, an heir who is a minor (under 14), shall yield the +value of the marriage and be imprisoned until he has satisfied +the King for the trespass. If an heir 14 years or older marries +without his Lord's permission to defraud him of the marriage and +the Lord offers him reasonable and convenient marriage, without +disparagement, then the Lord shall hold his land beyond the term +of his age, that, of twenty one years, so long that he may +receive double the value of the marriage as estimated by lawful +men, or after as it has been offered before without fraud or +collusion, and after as it may be proved in the King's Court. Any +Lord who marries off a ward of his who is a minor and cannot +consent to marriage, to a villain or other, such as a burgess, +whereby the ward is disparaged, shall lose the wardship and all +its profits if the ward's friends complain of the Lord. The +wardship and profit shall be converted to the use of the heir, +for the shame done to him, after the disposition and provision of +his friends." (The marriage could be annulled by the church.) + +"If an heir of whatever age will not marry at the request of his +Lord, he shall not be compelled thereunto; but when he comes of +age, he shall pay to his Lord the value of the marriage before +receiving his land, whether or not he himself marries." + +"Interest shall not run against any minor, from the time of death +of his ancestor until his lawful age; so nevertheless, that the +payment of the principal debt, with the interest that was before +the death of his ancestor shall not remain." + +The value of debts to be repaid to the King or to any man shall +be reasonably determined by the debtor's neighbors and not by +strangers. A debtors' plough cattle or sheep cannot be taken to +satisfy a debt. + +The wards and escheats of the King shall be surveyed yearly by +three people assigned by the King. The Sheriffs, by their +counsel, shall approve and let to farm such wards and escheats as +they think most profitable for the King. The Sheriffs shall be +answerable for the issues thereof in the Exchequer at designated +times. The collectors of the customs on wool exports shall pay +this money at the two designated times and shall make yearly +accounts of all parcels in ports and all ships. + +By statute leap year was standardized throughout the nation, "the +day increasing in the leap year shall be accounted in that year", +"but it shall be taken and reckoned in the same month wherein it +grew and that day and the preceding day shall be counted as one +day." + +"An English penny, called a sterling, round and without any +clipping, shall weigh 32 wheat grains dry in the middle of the +ear." + +Measurements of distance were standardized to twelve inches to a +foot, three feet to a yard, and so forth up to an acre of land. + +Goods which could only be sold by the standard weights and +measures (such as ounces, pounds, gallons, bushels) included +sacks of wool, leather, skins, ropes, glass, iron, lead, canvas, +linen cloth, tallow, spices, confections cheese, herrings, sugar, +pepper, cinnamon, nutmeg, wheat, barley, oats, bread, and ale. +The prices required for bread and ale were based on the market +price for the wheat, barley, and oats from which they were made. + +The punishment for repeated violations of required measures, +weights, or prices of bread and ale by a baker or brewer; selling +of spoiled or unwholesome wine, meat, fish by brewers, butchers, +or cooks; or a steward or bailiff receiving a bribe was reduced +to placement in a pillory with a shaven head so that these men +would still be fit for military service and not overcrowd the +jails. + +Forest penalties were changed so that "No man shall lose either +life or member [limb] for killing of our deer. But if any man be +taken and convicted for taking our venison, he shall make a +grievous fine, if he has anything. And if he has nothing to lose, +he shall be imprisoned for a year aand a day. And after that, +ifhe can find sufficient sureties, he shall be delivered, and, if +not, he shall abjure the realm of England." + +The Forest Charter provided that: Every freeman may allow his +pigs to eat in his own wood in the King's forest. He may also +drive his pigs there through the King's forest and tarry one +night within the forest without losing any of his pigs. But +people having greyhounds must keep them out of the forest so they +don't maim the deer. + +The Forest Charter also allowed magnates traveling through the +King's forest on the King's command to come to him, to kill one +or two deer as long as it was in view of the forester if he was +present, or while having a horn blown, so it did not seem to be +theft. + +After a period of civil war, the following statutes were enacted: + +"All persons, as well of high as of low estate, shall receive +justice in the King's Court; and none shall take any such revenge +or distress by his own authority, without award of our court, +although he is damaged or injured, whereby he would have amends +of his neighbor either higher or lower." The penalty is a fine +according to the trespass. + +A fraudulent conveyance to a minor or lease for a terms of years +made to defraud a Lord of a wardship shall be void. A Lord who +maliciously and wrongfully alleges this to a court shall pay +damages and costs. + +If a Lord will not render unto an heir his land when he comes of +age or takes possession away from an heir of age or removes +anything from the land, he shall pay damages. + +Kinsmen of a minor heir who have custody of his land held in +socage shall make no waste, sale, nor destruction of the +inheritance and shall answer to the heir when he comes of age for +the issues of the land, exccept for the reasonable costs of these +guardians. + +No lord may distrain any of his tenants. No one may drive animals +taken by distraint out of the shire where they have been taken. + +"Farmers during their terms, shall not make waste, sale, nor +exile of house, woods, and men, nor of any thing else belonging +to the tenements which they have to farm". + +Henry de Bracton, a royal judge and the last great eccesiastical +lawyer, wrote an unfinished treatise: A Tract on the Laws and +Customs of England, systematizing and organizing the law of the +court rolls with definitions and general concepts and describing +court practice and procedure. It was influenced by his knowledge +of Roman legal concepts, such as res judicata, and by his own +opinions, such as that the law should go from precedent to +precedent. He also argued that the will and intent to injure was +the essence of murder, so that neither an infant nor a madman +should be held liable for such and that degrees of punishment +should vary with the level of moral guilt in a killing. He +thought the deodand to be unreasonable. + +Bracton defines the requirements of a valid and effective gift +as: +"It must be complete and absolute, free and uncoerced, extorted +neither by fear nor through force. Let money or service play no +part, lest it fall into the category of purchase and sale, for if +money is involved there will them be a sale, and if service, the +remuneration for it. If a gift is to be valid the donor must be +of full age, for if a minor makes a gift it will be ineffective +since (if he so wishes) it shall be returned to him in its +entirety when he reaches full age. Also let the donor hold in his +own name and not another's, otherwise his gift may be revoked. +And let him, at the least, be of sound mind and good memory, +though an invalid, ill and on his death bed, for a gift make +under such conditions will be good if all the other +[requirements] of a valid gift are met. For no one, provided he +is of good memory, ought to be kept from the administration or +disposition of his own property when affected by infirmity, since +it is only then that he must make provision for his family, his +household and relations, given stipends and settle his bequests; +otherwise such persons might suffer damage without fault. But +since charters are sometimes fraudulently drawn and gifts falsely +taken to be made when they are not, recourse must therefore be +had to the country and the neighborhood so that the truth may be +declared." + +In Bracton's view, a villein could buy his own freedom and the +child of a mixed marriage was free unless he was born in the +tenement of his villein parent. + + +- Judicial Procedure - + +The Royal Court split up into several courts with different +specialties and became more like departments of state than +offices of the King's household. The judges were career civil +servants knowledgeable in the civil and canon law. The Court of +Common Pleas heard civil cases brought by one subject against +another. Pursuant to the Magna Carta, it sat only at one place, +Westminster Hall in London. Its records were the de banco rolls. +The Court of the Exchequer with its subsidiary department of the +Treasury was in almost permanent session at Westminster, +collecting the Crown's revenue and enforcing the Crown's rights. +The Court of the King's Bench (a marble slab in Westminster upon +which the throne was placed) traveled with the King and heard +criminal cases and pleas of the Crown. Its records were the coram +rege rolls. The title of the Chief Justiciar of England changed +to the Chief Justice of England. + +Appeals from these courts could be made to the King and his +council. + +Crown pleas included issues of the King's property, fines due to +him, murder (a body found with no witnesses to a killing), +homicide (a killing for which there were witnesses), rape, +wounding, mayhem, consorting, larceny, robbery, burglary, arson, +poaching, unjust imprisonment, selling cloth by non-standard +widths, selling wine by non-standard weights. + +Royal judges called justices in eyre traveled to the shires every +seven years. There, they gave interrogatories to local assizes of +twelve men to determine what had happened there since the last +eyre. Every crime, every invasion of royal rights, and every +neglect of police duties was to be presented and tried. The +assize ultimately evolved into the jury of verdict, which +replaced ordeal, compurgation, and battle as the method of +finding the truth. Suspects were failed until their cases could +be heard and jail breaks were common. + +Royal coroners held inquests on all sudden deaths to determine +whether they were accidental or not. If not, royal justices held +trial. They also had duties in treasure troves and shipwreck +cases. + +The hundred court decided cases of theft, viewing of boundaries +of land, claims for tenurial services, claims for homage, relief, +and for wardship; enfeoffments made, battery and brawls not +amounting to felony, wounding and maiming of beasts, collection +of debts, trespass, detinue and covenant, defamation, and +enquiries and presentments arising from the assizes of bread and +ale and measures. + +Still in existence is the old self-help law of hamsocne, the +thief hand-habbende, the thief back-berend, the old summary +procedure where the thief is caught in the act, AEthelstan's +laws, Edward the Confessor's laws, and Kent's childwyte [fine for +begetting a bastard on a lord's female bond slave]. Under the +name of "actio furti" [appeal of larceny] is the old process by +which a thief can be pursued and goods vindicated. As before and +for centuries later, the deodand [any personal chattel which was +the immediate cause of death] was forfeited "to God". These +chattel were usually carts, cart teams, horses, boats, and +mill-wheels. + +Five cases with short summaries are: + +CASE: "John Croc was drowned from his horse and cart in the water +of Bickney. Judgment: misadventur. The price of the horse and +cart is 4s.6d. 4s.6d. deodand." + +CASE: "Willam Ruffus was crushed to death by a certain trunk. The +price of the trunk is 4d., for which the sheriff is to answer. +4d. deodand." + +CASE: "William le Hauck killed Edric le Poter and fled, so he is +to be exacted and outlawed. He was in the tithing of Reynold +Horloc in Clandon of the abbot of Chertsey (West Clandon), so it +is in mercy. His chattels were 4 s., for which the bailiff of the +abbot of Chertsey is to answer." + +CASE: "Richard de Bregsells, accused of larceny, comes and denies +the whole and puts himself on the country for good or ill. The +twelve jurors and four vills say that he is not guilty, so he is +quit." + +CASE: William le Wimpler and William Vintner sold wine contrary +to the statute, so they are in mercy. + +Other cases dealt with issues of entry, i.e. whether land was +conveyed or just rented; issues of whether a man was free, for +which his lineage was examined; issues of to which lord a villein +belonged; issues of nuisance such as making or destroying a bank, +ditch, or hedge; diverting a watercourse or damming it to make a +pool; obstructing a road, and issues of what grazing rights were +conveyed in pasture land, waste, woods, or arable fields between +harvest and sowing. Grazing right disputes usually arose from the +ambiguous language in the grant of land "with appurtances". + +Courts awarded specific relief as well as money damages. If a +landlord broke his covenant to lease land for a term of years, +the court restored possession to the lessee. If a lord did not +perform the services due to his superior lord, the court ordered +him to perform the services. The courts also ordered repair by a +lessee. + +Debts of country knights and freeholders were heard in the local +courts; debts of merchants and burgesses were heard in the courts +of the fairs and boroughs; debts due under wills and testaments +were heard in the ecclesiastical courts. The ecclesiastical +courts deemed marriage to legitimize bastard children whose +parents married, so they inherited chattels and money of their +parents. Proof was by compurgation, the ordeal having been +abolished by the Church. + +Trial by battle is still available, although it is extremely rare +for the duel to actually take place. + +The manor court imposed penalties on those who did not perform +their services to the manor and the lord wrote down the customs +of the manor for future use in other courts. + +By statute, no fines could be taken of any man for fair pleading +in the Circuit of Justiciars, shire, hundred, or manor courts. + +Various statutes relaxed the requirements for attendance at court +of those who were not involved in a case as long as there were +enough to make the inquests fully. And "every freeman who owes +suit to the county, tything, hundred, and wapentake, or to the +Court of his Lord, may freely make his attorney attend for him." + +In Chancery, the court of the Chancellor, if there is a case with +no remedy specified in the law, that is similar to a situation +for which there is a writ, then a new writ may be made for that +case. (By this will later be expanded the action of trespass, +which even later has offshoots of misdemeanor and the tort of +trespass.) + + + + +Chapter 8 + +- The Times: 1272-1348 - + +King Edward I was respected by the people for his good +government, practical wisdom, and genuine concern for justice for +everyone. He loved his people and wanted them to love him. He +came to the throne with twenty years experience governing lesser +lands on the continent which were given to him by his father +Henry III. He gained a reputation as a lawgiver and as a +peacemaker in disputes on the continent. He had close and solid +family relationships, especially with his father and with his +wife Eleanor, to whom he was faithful. He was loyal to his close +circle of good friends. He valued honor and adhered reasonably +well to the terms of the treaties he made. He was generous in +carrying out the royal custom of subsidizing the feeding of +paupers. He visited the sick. He dressed in plain, ordinary +clothes rather than extravagant or ostentatious ones. He disliked +ceremony and display. + +At his accession, there was a firm foundation of a national law +administered by a centralized judicial system, a centralized +executive, and an organized system of local government in close +touch with both the judicial and the executive system. To gain +knowledge of his nation, he sent royal commissioners into every +shire to ask about any encroachments on the King's rights and +about misdeeds by any of the King's officials: sheriffs, +bailiffs, or coroners. The results were compiled as the "Hundred +Rolls". They were the basis of reforms which improved justice at +the local as well as the national level. They also rationalized +the array of jurisdictions that had grown up with feudal +government. Statutes were passed by a Parliament of two houses, +that of lords and that of an elected [rather than appointed] +commons, and the final form of the constitution was fixed. + +Wardships of children and widows were sought because they were +very profitable. A guardian could get one tenth of the income of +the property during the wardship and a substantial marriage +amount when the ward married. + +Most earldoms and many baronages came into the royal house by +escheat or marriage. The royal house employed many people. The +barons developed a class consciousness of aristocracy and became +leaders of society. Many men, no matter of whom they held land, +sought knighthood. The King granted knighthood by placing his +sword on the head of able-bodied and moral candidates who swore +an oath of loyalty to the King and to defend "all ladies, +gentlewomen, widows and orphans" and to "shun no adventure of +your person in any war wherein you should happen to be". A code +of knightly chivalry became recognized, such as telling the truth +and setting wrongs right. About half of the knights were +literate. In 1278, the King issued a writ ordering all +free-holders who held land of the value of 400s. to receive +knighthood at the King's hands. + +At the royal house and other great houses gentlemanly jousting +competitions, with well-refined and specific rules, took the +place of violent tournaments with general rules. At these knights +competed for the affection of ladies by jousting with each +otherwhile while the ladies watched. Courtly romances were +common. If a man convinced a lady to marry him, the marriage +ceremony took place in church, with feasting and dancing +afterwards. Romantic stories were at the height of their +popularity. A usual theme was the lonely quest of a knight +engaged in adventures which would impress his lady. + +The dress of the higher classes was very changeable and subject +to fashion as well as function. Ladies no longer braided their +hair in long tails, but rolled it up in a net under a veil, often +topped with an elaborate and fanciful headdress. They wore +non-functional long trains on their dresses and dainty shoes. Men +wore a long gown, sometimes clasped around the waist. Overcloaks +were often lined or trimmed with native fur such as squirrel. +People often wore solid red, blue, or green clothes. Only monks +and friars wore brown. The introduction of buttons and +buttonholes to replace pins and laces made clothing warmer. The +spinning wheel came into existence. + +While the great barons lived in houses built within the walls of +their castles, most barons and knights lived in unfortified or +semi-fortified houses with two rooms. There were ornaments for +the tables and more wall hangings. + +Wardships of children and widows were sought because they were +very profitable. A guardian could get one tenth of the income of +the property during the wardship and a substantial marriage +amount when the ward married. + +Queen Eleanor, a cultivated, intelligent, and educated lady from +the continent, fostered culture and rewarded individual literary +efforts, such as translations from Latin, with grants of her own +money. She patronized Oxford and Cambridge Universities and left +bequests to poor scholars there. She herself had read Aristotle +and commentaries thereon, and she especially patronized +literature which would give cross-cultural perspectives on +subjects. She was kind and thoughtful towards those about her and +was also sympathetic to the afflicted and generous to the poor. +She shared Edward's career to a remarkable extent, even +accompanying him on a crusade. She had an intimate knowledge of +the people in Edward's official circle and relied on the advice +of two of them in managing her lands. She mediated disputes +between earls and other nobility, as well as softened her +husband's temper towards people. Edward granted her many +wardships and marriages and she arranged marriages with political +advantages. She dealt with envoys coming to the court. Her +intellectual vitality and organized mentality allowed her to deal +with arising situations well. Edward held her in great esteem. +She introduced to England the merino sheep, which, when bred with +the English sheep, gave them a better quality of wool. She and +Edward often played games of chess and backgammon. + +Farm efficiency was increased by the use of windmills in the +fields to pump water and by allowing villeins their freedom and +hiring them as laborers only when needed. There was enough grain +to store so that the population was no longer periodically +decimated by famine. The population grew and all arable land in +the nation was under the plough. Harvests were usually plentiful, +with the exception of two periods of famine over the country due +to weather conditions. Then the price of wheat went up and drove +up the prices of all other goods correspondingly. + +Although manors needed the ploughmen, the carters and drivers, +the herdsmen, and the dairymaid on a full-time basis, other +tenants spent increasing time in crafts and became village +carpenters, smiths, weavers or millers' assistants. Trade and the +towns grew. + +Money rents often replaced service due to a lord, such as fish +silver, malt silver, or barley silver. The lord's rights are +being limited to the rights declared on the extents [records +showing service due from each tenant] and the rolls of the manor. +Sometimes land is granted to strangers because none of the +kindred of the deceased will take it. Often a manor court limited +a fee in land to certain issue instead of being inheritable by +all heirs. Surveyors' poles marked boundaries declared by court +in boundary disputes. This resulted in survey maps showing +villages and cow pastures. + +The revival of trade and the appearance of a money economy was +undermining the long-established relationship between the lord of +the manor and his villeins. As a result, money payments were +supplementing or replacing payments in service and produce, as in +this manor's holdings, when 3d. would buy food for a day: + +"Extent of the manor of Bernehorne, made on Wednesday following +the feast of St. Gregory the pope, in the thirty-fifth year of +the reign of Ding Edward, in the presence of Brother Thomas, +keeper of Marley, John de la More, and Adam de Thruhlegh, clerks, +on the oath of William de Gocecoumbe, Walter le Parker, Richard +le Knyst, Richard the son of the latter, Andrew of Estone, +Stephen Morsprich, Thomas Brembel, William of Swynham, John +Pollard, Roger le Glide, John Syward, and John de Lillingewist, +who say that there are all the following holdings:... +John Pollard holds a half acre in Aldithewisse and owes 18d. at +the four terms,and owes for it relief and heriot. +John Suthinton holds a house and 40 acres of land and owes 3s. +6d. at Easter and Michaelmas. +William of Swynham holds one acre of meadow in the thicket of +Swynham and owes 1d. at the feast of Michaelmas. +Ralph of Leybourne holds a cottage and one acre of land in Pinden +and owes 3s. at Easter and Michaelmas, and attendance at the +court in the manor every three weeks, also relief and heriot. +Richard Knyst of Swynham holds two acres and a half of land and +owes yearly 4s. William of Knelle holds two acres of land in +Aldithewisse and owes yearly 4s. Roger le Glede holds a cottage +and three roods of land and owes 2s. 6d. Easter and Michaelmas. +Alexander Hamound holds a little piece of land near Aldewisse and +owes one goose of the value of 2d. The sum of the whole rent of +the free tenants, with the value of the goose, is 18s. 9d. +They say, moreover, that John of Cayworth holds a house and 30 +acres of land, and owes yearly 2s. at Easter and Michaelmas; and +he owes a cock and two hens at Christmas of the value of 4d. +And he ought to harrow for two days at the Lenten sowing with one +man and his own horse and his own harrow, the value of the work +being 4d.; and he is to receive from the lord on each day three +meals, of the value of 5d., and then the lord will be at a loss +of 1d. Thus his harrowing is of no value to the service of the +lord. +And he ought to carry the manure of the lord for two days with +one cart, with his own two oxen, the value of the work being 8d.; +and he is to receive from the lord each day three meals at the +value as above. And thus the service is worth 3d. clear. +And he shall find one man for two days, for mowing the meadow of +the lord, who can mow, by estimation, one acre and a half, the +value of the mowing of an acre being 6d.: the sum is therefore +9d. And he is to receive each day three meals of the value given +above. And thus that mowing is worth 4d. clear. And he ought to +gather and carry that same hay which he has cut, the price of the +work being 3d. And he shall have from the lord two meals for one +man, of the value of 1 1/2 d. Thus the work will be worth 1 1/2 +d. clear. +And he ought to carry the hay of the lord for one day with a cart +and three animals of his own, the price of the work being 6d. And +he shall have from the lord three meals of the value of 2 1/2 d. +And thus the work is worth 3 1/2 d. clear. +And he ought to carry in autumn beans or oats for two days with a +cart and three animals of his own, the value of the work being +12d. And he shall receive from the lord each day three meals of +the value given above. And thus the work is worth 7d. clear. +And he ought to carry wood from the woods of the lord as far as +the manor, for two days in summer, with a cart and three animals +of his own, the value of the work being 9d. And he shall receive +from the lord each day three meals of the price given above. And +thus the work is worth 4d. clear. +And he ought to find one man for two days to cut heath, the value +of the work being 4d., and he shall have three meals each day of +the value given above: and thus the lord will lose, if he +receives the service, 3d. Thus that mowing is worth nothing to +the service of the lord. +And he ought to carry the heath which he has cut, the value of +the work being 5d. And he shall receive from the lord three meals +at the price of 2 1/2 d. And thus the work will be worth 2 1/2 d. +clear. +And he ought to carry to Battle, twice in the summer season, each +time half a load of grain, the value of the service being 4d. And +he shall receive in the manor each time one meal of the value of +2d. And thus the work is worth 2d. clear. +The totals of the rents, with the value of the hens, is 2s. 4d. +The total of the value of the works is 2s. 3 1/2 d., being owed +from the said +John yearly. +William of Cayworth holds a house and 30 acres of land and owes +at Easter and Michaelmas 2s. rent. And he shall do all customs +just as the aforesaid John of Cayworth. +William atte Grene holds a house and 30 acres of land and owes in +all things the same as the said John. Alan atte Felde holds a +house and 16 acres of land (for which the sergeant pays to the +court of Bixley 2s.), and he owes at Easter and Michaelmas 4s., +attendance at the manor court, relief, and heriot. +John Lyllingwyst holds a house and four acres of land and owes at +the two terms 2s., attendance at the manor court, relief, and +heriot. +The same John holds one acre of land in the fields of Hoo and +owes at the two periods 2s., attendance, relief, and heriot. +Reginald atte Denne holds a house and 18 acres of land and owes +at the said periods 18d., attendance, relief, and heriot. +Robert of Northehou holds three acres of land at Saltcote and +owes at the said periods attendance, relief, and heriot. Total +of the rents of the villeins, with the value of the hens, 20s. +Total of all the works of these villeins, 6s.10 1/2 d. +And it is to be noted that none of the abovementioned villeins +can give their daughters in marriage, nor cause their sons to be +tonsured, nor can they cut down timber growing on the lands they +hold, without license of the bailiff or sergeant of the lord, and +then for building purposes and not otherwise. And after the death +of any one of the aforesaid villeins, the lord shall have as a +heriot his best animal, if he had any; if, however, he have no +living beast, the lord shall have no heriot, as they say. The +sons or daughters of the aforesaid villeins shall give, for +entrance into the holding after the death of their predecessors, +as much as they give of rent per year. Sylvester, the priest, +holds one acre of meadow adjacent to his house and owes yearly +3s. +Total of the rent of tenants for life, 3s. +Petronilla atte Holme holds a cottage and a piece of land and +owes at Easter and Michaelmas - ; also, attendance, relief, and +heriot. +Walter Herying holds a cottage and a piece of land and owes at +Easter and Michaelmas 18d., attendance, relief, and heriot. +Isabella Mariner holds a cottage and owes at the feast of St. +Michael 12d., attendance, relief, and heriot. +Jordan atte Melle holds a cottage and 1 1/2 acres of land and +owes at Easter and Michaelmas 2s., attendance, relief, and +heriot. +William of Batelesmere holds one acre of land with a cottage and +owes at the feast of St. Michael 3d., and one cock and one hen at +Christmas of the value of 3d., attendance, relief, and heriot. +John le Man holds half an acre of land with a cottage and owes at +the feast of St. Michael 2s., attendance, relief, and heriot. +Hohn Werthe holds one rood of land with a cottage and owes at the +said term 18d., attendance, relief, and heriot. +Geoffrey Caumbreis holds half an acre and a cottage and owes at +the said term 18d., attendance, relief, and heriot. +William Hassok holds one rood of land and a cottage and owes at +the said term 18d., attendance, relief, and heriot. +The same man holds 3 1/2 acres of land and owes yearly at the +feast of St. Michael 3s. for all. +Roger Doget holds half an acre of land and a cottage, which were +those of R. the miller, and owes at the feast of St. Michael +18d., attendance, relief, and heriot. +Thomas le Brod holds one acre and a cottage and owes at the said +term 3s., attendance, relief, and heriot. +Agnes of Cayworth holds half an acre and a cottage and owes at +the said term 18d., attendance, relief, and heriot. +Total of the rents of the said cottagers, with the value of the +hens, 34s.6d. +And it is to be noted that all the said cottagers shall do as +regards giving +their daughters in marriage, having their sons tonsured, cutting +down timber, paying heriot, and giving fines for entrance, just +as John of Cayworth and the rest of the villeins above mentioned. +" + +The above fines and penalties, with heriots and reliefs, are +worth 5s. yearly. + +Most villeins did not venture beyond their village except for +about ten miles to a local shrine or great fair a couple times a +year. Often one village was divided up among two or more manors, +so different manorial customs made living conditions different +among the villagers. Each villein had his own garden in which to +grow fruit and vegetables next to his house, a pig (which +fattened more quickly than other animals), strips in the common +field, and sometimes an assart [a few acres of his own to +cultivate as he pleased on originally rough uncultivated waste +land beyond the common fields and the enclosed common pastures +and meadows]. + +People told time by counting the number of rings of the church +bell, which rang on the hour. Every Sunday, the villagers went to +church, which was typically the most elaborate and centrally +located building in the village. Their religion brought comfort +and hope of going to heaven after judgment by God at their death +if they avoided sin. On festival days, Bible stories, legends, +and lives of saints were read or performed as miracle dramas. +They learned to avoid the devil, who was influential in lonely +places like forests and high mountains. At death, the corpse was +washed, shrouded, and put into a rectangular coffin with a cross +on its lid. Priests sang prayers amid burning incense for the +deliverance of the soul to God while interring the coffin into +the ground. + +A villein could be forever set free from servitude by his lord as +in this example: + +"To all the faithful of Christ to whom the present writing shall +come, Richard, by the divine permission, abbot of Peterborough +and of the Convent of the same place, eternal greeting in the +Lord: + +Let all know that we have manumitted and liberated from all yoke +of servitude William, the son of Richard of Wythington, whom +previously we have held as our born bondman, with his whole +progeny and all his chattels, so that neither we nor our +successors shall be able to require or exact any right or claim +in the said William, his progeny, or his chattels. But the same +William, with his whole progeny and all his chattels, shall +remain free and quit and without disturbance, exaction, or any +claim on the part of us or our successors by reason of any +servitude forever. + +We will, moreover, and concede that he and his heirs shall hold +the messuages, land, rents, and meadows in Wythington which his +ancestors held from us and our predecessors, by giving and +performing the fine which is called merchet for giving his +daughter in marriage, and tallage from year to year according to +our will, - that he shall have and hold these for the future from +us and our successors freely, quietly, peacefully, and +hereditarily, by paying to us and our successors yearly 40 s. +sterling, at the four terms of the year, namely: at St. John the +Baptist's day 10s., at Michaelmas 10s., at Christmas 10s., and at +Easter 10s., for all service, exaction, custom, and secular +demand; saving to us, nevertheless, attendance at our court of +Castre every three weeks, wardship, and relief, and outside +service of our lord the King, when they shall happen. + +And if it shall happen that the said William or his heirs shall +die at any time without an heir, the said messuage, land rents, +and meadows with their appurtenances shall return fully and +completely to us and our successors. Nor will it be allowed to +the said William or his heirs to give, sell, alienate, mortgage, +or encumber in any way, the said messuage, land, rents, and +meadows, or any part of them, by which the said messuage, land, +rents, and meadows should not return to us and our successors in +the form declared above. And if this should occur later, their +deed shall be declared null, and what is thus alienated shall +come to us and our successors ... + +Given at Borough, for the love of Lord Robert of good memory, +once abbot, our predecessor and maternal uncle of the said +William, and at the instance of the good man, Brother Hugh of +Mutton, relative of the said abbot Robert, A.D. 1278, on the eve +of Pentecost." + +Villeins who were released from the manorial organization by +commutation of their service for a money payment took the name of +their craft as part of their name, such as, for the manufacture +of textiles, Weaver, Draper, Comber, Fuller, Napper, Cissor, +Tailor, Textor; for metal-work, Faber, Ironmonger; for +leatherwork, Tanner; for woodwork, building and carpentry, +Carpenter, Cooper, Mason, Pictor; for food-production, Baker, +Pistor. Iron, tin, lead, salt, and even coal were providing +increasing numbers of people with a livelihood. + +Many new boroughs were founded as grants of market rights by the +King grew in number. These grants implied the advantage of the +King's protection. In fact, a certain flooded town was replaced +with a new town planned with square blocks. It was the charter +which distinguished the borough community from the other +communities existing in the country. It invested each borough +with a distinct character. The privileges which the charter +conferred were different indifferent places. It might give +trading privileges: freedom from toll, a guild merchant, a right +to hold a fair. It might give jurisdictional privileges: a right +to hold court with greater or less franchises. It might given +governmental privileges: freedom from the burden of attending the +hundred and county courts, the return of writs, which meant the +right to exclude the royal officials, the right to take the +profits of the borough, paying for them a fixed sum to the Crown +or other lord of the borough, the right to elect their own +officials rather than them being appointed by the King or a lord, +and the right to provide for the government of the borough. It +might give tenurial privileges: the power to make a will of +lands, or freedom from the right of a lord to control his +tenants' marriages. It might give procedural privileges: trial by +battle is excluded, and trial by compurgation is secured and +regulated. These medieval borough charters are very varied, and +represent all stages of development and all grades of franchise. +Boroughs bought increasing rights and freedoms from their lord, +who was usually the King. + +In the larger towns, where cathedrals and public building were +built, there arose a system for teaching these technical skills +and elaborate handicraft, wood, metal, stained glass, and stone +work. A boy from the town would be bound over to a particular +workman, who supplied him with board and clothing. After a few +years of this apprenticeship, he became a journeyman and +perfected his knowledge of his craft and its standards by seeing +different methods and results in various towns. He was admitted +as a master of his trade to a guild uponpresenting an article of +his work worthy of that guild's standard of workmanship: his +"masterpiece". The tailors' guild and the skinners' guild are +extant now. + +When guilds performed morality plays based on Bible stories at +town festivals, there was usually a tie between the Bible story +and the guild's craft. For instance, the story of the loaves and +fishes would be performed by the Bakers' or Fishmongers' Guild. +The theme of the morality play was the fight of the Seven +Cardinal Virtues against the Seven Deadly Sins for the human +soul, a life-long battle. + +A borough was run by a mayor elected usually for life. By being +members of a guild, merchant-traders and craftsmen acquired the +legal status of burgesses and had the freedom of the borough. +Each guild occupied a certain ward of the town headed by an +alderman. The town aldermen made up the town council, which +advised the mayor. Often there were town police, bailiffs, +beadles [messengers], a town-cryer, and a town clerk. No longer +were towns dominated by the local landowners. + +In London by this time there was a wall with four towers +surrounding the White Tower, and this castle was known as the +Tower of London. Another wall and a moat were built around it and +it has reached its final form. Hovels, shops, and waste patches +alternated with high walls and imposing gateways protecting +mansions. The mansions had orchards, gardens, stables, +brewhouses, bakeries, guardrooms, and chapels. London streets +were paved with cobbles and sand. Each citizen was to keep the +street in front of his tenement in good repair. Later, each +alderman appointed four reputable men to repair and clean the +streets for wages. Prostitutes were expelled from the city +because the street with their bawdy houses had become very noisy. + + +London had twenty four wards. The aldermen for the first time +included a fishmonger in 1291. The Fishmongers were the only +guild at this time, besides the weavers, which had independent +jurisdiction, as they had transferred control of their weekly +hall moot from a public official to themselves. Craftsmen began +to take other public offices too. Other city offices were: +recorder, prosecutor, common sergeant, and attorneys. Each ward +chose certain of its inhabitants to be councilors to the +aldermen. This council was to be consulted by him and its advice +to be followed. Admission to freedom of the city [citizenship] +was controlled by the citizens. Apprentices had to finish their +terms before such admission. Craftsmen had to have sureties from +their crafts as of 1319. No longer could one simply purchase +citizenship. Only freemen could sell wares in the city, a custom +of at least two hundred years. + +In 1275, a goldsmith was chief assay-master of the King's mint +and keeper of the exchange at London. The King gave the +Goldsmiths' Company the right of assay [determination of the +quantity of gold or silver in an object] and required that no +vessels of gold or silver should leave the maker's hands until +they had been tested by the wardens and stamped appropriately. In +1279, goldsmith William Farrington bought the soke of the ward +containing the goldsmiths' shops. It remained in his family for +80 years. A patent of 1327 empowered the guild to elect a +properly qualified governing body to superintend its affairs, and +reform subjects of just complaint. It also prescribed, as a +safeguard against a prevailing fraud and abuse, that all members +of the trade should have their standing in Cheapside or in the +King's exchange, and that no gold or silver should be +manufactured for export, except that which had been bought at the +exchange or of the trade openly. + +There was a problem with malefactors committing offenses in +London and avoiding its jurisdiction by escaping to Southwark +across the Thames River. So Southwark was put under the +jurisdiction of London for peace and order matters by grant of +the King. London forbade games being played because they had +replaced practice in archery, which was necessary for defense. + +Exports and imports were no longer a tiny margin in an economy +just above the subsistence level. Raw wool, cloth, grain, and +herring were exported. Wine, silk, timber, furs, rubies, +emeralds, fruits, raisins, currents, pepper, ginger, and cloves +were imported. They were transported in ships with two masts upon +which sails could be furled and which had the recently invented +rudder. Many duties of sheriffs and coroners were transferred to +county landowners by commissions. In coastal counties, there were +such commissions for supervising coastal defense and maintaining +the beacons. Ports had a vigilant coastguard and well-maintained +harbors, quays, and streets. A customs revenue was collected on +exports and imports. + +Women could inherit land in certain circumstances. Some tenants +holding land in chief of the King were women. + +Regulation of trade became national instead of local. +Responsibility for the coinage was transferred from the +individual moneyers working in different boroughs to a central +official who was to become Master of the Mint. The round half +penny and farthing [1/4 penny] were created so that the penny +needn't be cut into halves and quarters anymore. + +Edward called a meeting of representatives from all social and +geographic sectors of the nation at one Parliament to determine +taxes due to the Crown. He declared that "what touches all, +should be approved by all". He wanted taxes from the burgesses in +the towns and the clergy's ecclesiastical property as well as +from landholders. He argued to the clergy that if barons had to +both fight and pay, they who could do no fighting must at least +pay, and compelled them to renounce all Papal orders contrary to +the King's authority. This new system of taxation began the +decline of the imposition of feudal aids, scutages, and carucage. +The aids of the boroughs, counties, and church had been +negotiated by the Exchequer with the reeves of each town, the +sheriff and shire courts of each county, and the archdeacons of +each diocese. + +This Model Parliament of 1295 was composed of the three +communities. The first were the lords. Because of the increase of +lesser barons due to a long national peace and prosperity, the +lords attending were reduced in numbers and peerage became +dependent not on land tenure, but on royal writ of summons. The +second community was the clergy, represented by the bishops of +each diocese. They later declined to attend. The third community +was the commons. It was composed of two burgesses elected by +principal burgesses of each borough and two elected knights +representing each county. The common people now had a voice in +law-making. The first legislation proposed by the commons was +alteration of the forest laws governing the royal pleasure parks. +Such a statute was passed in a bargain for taxes of a percentage +of all moveables, which were mostly foodstuffs and animals. + +Parliament soon was required to meet once or twice yearly. +Lawmaking is now a function of Parliament, of which the King's +council is a part, instead of a function of the King with his +council and judges. However, legislation may be passed without +the consent of the commons. Also, there was no convention that +agreement or even the presence of representatives was required +for legislation. The Chief Justices still had, as members of the +council, a real voice in the making of laws. The King and his +justices might, after a statute has been made, put an +authoritative interpretation upon it. + +Most petitions to Parliament were private grievances of +individuals, including people of no social rank, such as +prisoners. Other petitions were from communities and groups. + +The commons became a permanent and distinct body with its own +clerk in Edward III's reign. + +The export of wool had increased and Parliament made permanent +customs duties on the export of wool, woolfells, and hides at 6s. +8d. per sack, which was collected at each of the thirteen ports. + +Sheriffs were elected in their own counties rather than appointed +by the King as of 1297. + +Lawyers are now drawn from the knightly class instead of +ecclesiastical people. Law no longer belongs to the church, but +to the knightly class of landed gentlemen. The Inns of Court in +London provide legal education and certify members to the bar. + +From 1299, statutes were recorded in a Statute Roll as they were +enacted. + +By the end of the thirteenth century, the King's wardrobe, where +confidential matters such as military affairs were discussed in +his bedroom, became a department of state with the privy seal. It +paid and provisioned the knights, squires, and sergeants of the +King and was composed mostly of civil servants. It traveled with +the King. The other two specialized administrative bodies were +the Exchequer, which received most of the royal revenue and kept +accounts at Westminster in London, and the Chancery, which wrote +royal writs, charters, and letters. + +As of 1336, importing foreign cloth or fur, except for use by the +King's family, was prohibited, as was the export of unwoven wool. +Later, this was relaxed and a customs tax of 33% was imposed on +wool exported. Foreign cloth-workers may come to live in the +nation, be granted franchises, and shall be in the King's +protection. No cloth may be exported until it is fulled. + +Edward I confirmed the Magna Carta. He also agreed not to impose +taxes without the consent of Parliament after baronial pressure +had forced him to retreat from trying to increase, for a war in +France, the customs tax on every exported sack of wool to 40s. +from the 6s. 8d. per sack it had been since 1275. The customs tax +was finally fixed at 10s. for every sack of wool, 2s. for each +tun of wine, and 6d. for every pound's worth of other goods. A +tax system of "tenths and fifteenths" levied on moveables or +chattels every year also came into being. Never again did a King +impose a tax without the consent of Parliament. Edward also +confirmed the Forest Charter, which called for its earlier +boundaries. And he agreed not to impound any grain or wool or and +like against the will of the owners, as had been done before to +collect taxes. Lastly, he agreed not to impose penalties on two +earls and their supporters for refusing to serve in the war in +France. + +There was a recoinage due to debasement of the old coinage. This +increased the number of coins in circulation. The price of wheat +went from about 7s. in 1270 to about 5s. per quarter in 1280. +Also the price of an ox went from 14s. to 10s. From 1280 to 1290, +there was runaway inflation. + +As before, inadequate care and ignorance of nutrition caused many +infant deaths. Accidents and disease were so prevalent that death +was always near and life insecure. Many women died in childbirth. + +Under Edward II, all citizens of London had to be enrolled in the +trade guild of their craft. + +To support a war with France, Edward III created the staple +system, by which wool exports were taxed through his officials +only at the designated staple port. Certain large wool merchants +were allowed to create a monopoly on the export of wool. Also +under Edward III, Flanders weavers were encouraged to come to +England to teach the English how to weave and finish fine cloth. +A cloth industry grew with all the manufacturing processes under +the supervision of one capitalist manufacturer, who set up his +enterprise in the country to avoid the regulations of the towns. +The best places were hilly areas where there were many streams +and good pasture for flocks of sheep. He hired shearers to cut +the nap as short as possible to give a smooth surface, then +spinsters to card and spin the wool in their country cottages, +then weavers, and then fullers and dyers to come to fulling mills +established near streams for their waterpower. Fulling became +mechanized as heavy wooden hammers run by water-power replaced +feet trampling the cloth covered with soap or fuller's clay, +until it became thick and smaller. The shaft loom was a +technological advance in weaving. This loom was horizontal and +its frames, which controlled the lifting of the warp threads, +could each be raised by a foot treadle. This left both hands free +to throw and catch the shuttle attached to the woof thread. Also +many more weaving patterns became possible through the use of +different thread configurations on the frames. + + +- The Law - + +Edward I remodeled the law in response to grievances and to +problems which came up in the courts. The changes improved the +efficiency of justice and served to accommodate it to the +changing circumstances of the social system. These statutes were: + +"No man by force of arms, malice or menacing shall disturb anyone +in making free election [of sheriffs, coroners, conservators of +the peace by freeholders of the shire]." + +"No city, borough, town, nor man shall be amerced without +reasonable cause and according to the severity of his trespass. +That is, every freeman saving his freehold, a merchant saving his +merchandise, a villein saving his waynage [implements of +agriculture], and that by his peers." + +No distress shall be taken of ploughing cattle or sheep. + +Young salmon shall not be taken from waters in the spring. + +No loan shall be made for interest. + +If an heir who is a minor is married off without the consent of +the guardian, the value of the marriage will be lost and the +wrongdoer imprisoned. If anyone marries off an heir over 14 years +of age without the consent of the guardian, the guardian shall +have double the value of the marriage. Moreover, anyone who has +withdrawn a marriage shall pay the full value thereof to the +guardian for the trespass and make amends to the King. And if a +Lord refuses to marry off a female heir of full age and keep her +unmarried because he covets the land, then he shall not have her +lands more than two years after she reaches full age, at which +time she can recover her inheritance without giving anything for +the wardship or her marriage. However, if she maliciously refuses +to be married by her Lord, he may hold her land and inheritance +until she is the age of a male heir, that is, twenty one years +old and further until he has taken the value of the marriage. + +Aid to make one's son a knight or marry off his daughter of a +whole knight's fee shall be taken 20s., and 400s.[yearly income +from] land held in socage 20s. [5%], and of more, more; and of +less, less; after the rate. And none shall levy such aid to make +his son a knight until his son is 15 years old, nor to marry his +daughter until she is seven year old. + +A conveyance of land which is the inheritance of a minor child by +his guardian or lord to another is void. + +Dower shall not abate because the widow has received dower of +another man unless part of the first dower received was of the +same tenant and in the same town. But a woman who leaves her +husband for another man is barred from dower. + +A tenant for a term of years who has let land from a landlord +shall not let it lie waste, nor shall a landlord attempt to oust +a tenant for a term of years by fictitious recoveries. + +When two or more hold wood, turfland, or fishing or other such +thing in common, wherein none knows his several, and one does +waste against the minds of the others, he may be sued. + +Lands which are given to a man and his wife upon condition that +if they die without heirs, the land shall revert to the donor or +his heir, may not be alienated to defeat this condition. + +If a man takes land in marriage with a wife, and she dies before +him, the land will revert to the donor or his heir, unless they +have a child, in which case the husband will have the land by the +courtesy of the nation for his life before it reverts to the +donor or his heir. + +A free tenant may alienate his land freely, but if the alienation +was for an estate in fee simple [to a man and his heirs], the +person acquiring the land would hold of the land's lord and not +of the person alienating the land. (This halted the growth of +subinfeudation and caused services as well as incidents of aids, +relief, escheat, wardship, and marriage to go directly to the +Chief Lord. It also advantaged the Crown as overlord, which then +acquired more direct tenants.) + +One may create an estate which will descend in unbroken +succession down the line of inheritance prescribed in the +original gift as long as that line should last, instead of +descending to all heirs. The successive occupants might draw the +rents and cut the wood, but on the death of each, his heir would +take possession of an unencumbered interest, unfettered by any +liability for the debt of his ancestor or by any disposition made +by him during his lifetime e.g. a wife's estate in dower or a +husband's estate in courtesy. If there was no issue, it reverted +to the original donor. ( This curtailed the advantage of tenants +of the greater barons who profited by increased wardships and +reliefs from subinfeudation from subdivision and better +cultivation of their land while still paying the greater barons +fixed sums. This statute [Quia Emptores] that protected +reversionary estates incidentally established a system of +entails. This new manner of holding land: "fee tail", is in +addition to the concepts of land held in fee simple and land held +for life. Interests in remainder or reversion of estates in land +replace the lord's tenurial right to succeed to land by escheat +if his tenant dies without heirs.) + +In Kent, all men are free and may give or sell their lands +without permission of their lords, as before the Conquest. (Since +Kent was nearest the continent, money flowed between England and +the continent through Kent. So Kent never developed a manorial +system of land holding, but evolved from a system of clans and +independent villages directly into a commercial system. + +Anyone disseising another whereby he also robs him or uses force +and arms in the disseisin shall be imprisoned and fined. The +plaintiff shall recover seisin and damages. + +"All must be ready at the command and summons of sheriffs, and at +the cry of the country, to sue and arrest felons as necessary as +well within franchise as without." Otherwise, he shall be fined. +A Lord defaulting shall lose his franchise to the King. A Bailiff +defaulting shall be imprisoned a year as well as fined, or be +imprisoned two years if he cannot pay the fine. A sheriff, +coroner, or any other bailiff who conceals a felony will be +imprisoned for a year and pay a fine, or be imprisoned for three +years if he cannot pay the fine. + +Villeins must report felons, pursue felons, serve in the watch, +and clear growth of concealing underwood from roads. They must +join the military to fight on the borders when called. Desertion +from the army is punishable. + +Accessories to a crime shall not be declared outlaw before the +principal is proven guilty. (This made uniform the practice of +the various shires.) + +Only those imprisoned for the smaller offenses of a single +incidence of petty larceny, receipt of felons, or accessory to a +felony, or some other trespass not punishable by life or limb +shall be let out by sufficient surety. Prisoners who were +outlawed or escaped from prison or are notorious thieves or were +imprisoned for felonious house-burning, passing false money, +counterfeiting the King's seal, treason touching the King +himself, or other major offenses or have been excommunicated by +the church may not be released. + +Killing in self-defense and by mischance shall be pardoned from +the King's indictment. Killing by a child or a person of unsound +mind shall be pardoned from the King's indictment. (But a private +accuser can still sue.) + +Any man who ravishes [abducts] any woman without her consent or +by force shall have the criminal penalty of loss of life or limb. +(The criminal penalty used to be just two years in prison.) + +Trespasses [serious and forcible breaches of the peace] in parks +or ponds shall be punished by imprisonment for three years and a +fine as well as paying damages to the wronged person. After his +imprisonment, he shall find a surety or leave the nation. + +"Forasmuch as there have been often times found in the country +devisors of tales, where discord, or occasion of discord, has +many times arisen between the King and his people, or great men +of this realm; For the damage that has and may thereof ensue, it +is commanded, that from henceforth none be so hardy to tell or +publish any false news or tales, whereby discord or occasion of +discord or slander may grow between the King and his people, or +the great men of the realm." Anyone doing so shall be imprisoned +until he brings into the court the first author of the tale. + +A system of registration and enforcement of commercial agreements +was established by statute. Merchants could obtain a writing of a +debt sealed by the debtor and authenticated by royal seal or a +seal of a mayor of certain towns, and kept by the creditor. +Failure to pay a such a debt was punishable by imprisonment and, +after three months, the selling of borough tenements and chattels +and of shire lands. During the three months, the merchant held +this property in a new tenure of "statute merchant". (Prior to +this, it was difficult for a foreign merchant to collect a debt +because he could not appear in court which did not recognize him +as one of its proper "suitors" or constituents, so he had to +trust a local attorney. Also, the remedy was inadequate because +the history of the law of debt was based on debt as a substitute +for the blood feud, so that failure to pay meant slavery or +death. Also a debtor's land was protected by feudal custom, which +was contrary to the idea of imposing a new tenant on a lord.) + +"In no city, borough, town, market, or fair shall a person of the +realm be distrained for a debt for which he is not the debtor or +pledge." + +Anyone making those passing with goods through their jurisdiction +answer to them in excess of their jurisdiction shall be +grievously amerced to the King. + +No market town shall take an outrageous toll contrary to the +common custom of the nation. + +Since good sterling money has been counterfeited with base and +false metal outside the nation and then brought in, foreigners +found in the nation's ports with this false money shall forfeit +their lives. Anyone bringing foreign money into the nation must +have it examined at his port of entry. Payments of money shall be +made only by coin of the appropriate weight delivered by the +Warden of the Exchange and marked with the King's mark. (A +currency exchange was established at Dover for the exchange of +foreign currency for English sterling.) + +The silver in craftwork must be sterling and marked with the +Leopard's Head. The gold in craftwork must meet the standard of +the Touch of Paris. + +The assize of bread and ale had been and was enforced locally by +local inspectors. Now, the Crown appointed royal officers for the +gauge of wines and measurement of cloths. Edicts disallowed +middlemen from raising prices against consumers by such practices +as forestalling or engrossing and price regulation was attempted. +For instance, prices were set for poultry and lamb, in a period +of plenty (1299). Maximum prices were set for cattle, pigs, +sheep, poultry, and eggs in 1314, but was hard to enforce. In +London examples of prices set are: best hen 3d.2q., best wild +goose 4d., best rabbit 4d., best kid 10d., best lamb 4d., best +fresh herrings 12 for 1d., best pickled herrings 20 for 1d., best +haddock 2d., best fresh salmon 3s., + +Freemen may drive their swine through the King's demesne Forest +in order to agest them in their own woods or elsewhere. No man +shall lose his life or limb for killing deer in the Forest, but +instead shall be grievously fined or imprisoned for a year. + +The Forest Charter allowed a man to cut down and take wood from +his own woods in the King's forest to repair his house, fences, +and hedges. He may also enclose his woods in the King's forest +with fences and hedges to grow new trees and keep cattle and +beasts therefrom. After seven years growth of these new trees, he +may cut them down for sale with the King's permission. + +Each borough has its own civil and criminal ordinances and police +jurisdiction. Borough courts tended to deal with more laws than +other local courts because of the borough's denser populations, +which were composed of merchants, manufacturers, and traders, as +well as those engaged in agriculture. Only borough courts have +jurisdiction over fairs. In some boroughs the villein who resides +for a year and a day becomes free. There are special ordinances +relating to apprentices. There are sometimes ordinances against +enticing away servants bound by agreement to serve another. The +wife who is a trader is regarded in many places as a femme sole. +There may be special ordinances as to the liability of masters +for the acts of their apprentices and agents, or as to brokers, +debt, or earnest money binding a bargain. The criminal and police +jurisdiction in the borough was organized upon the same model as +in the country at large, and was controlled by the King's courts +upon similar principles, though there are some survivals of old +rules, such as mention of the bot and the wer. The crimes +committed are similar to those of the country, such as violence, +breaches of the assize of bread and beer, stirring up suits +before the ecclesiastical courts, digging up or obstructing the +highway, not being enrolled in a tithing, encroachments upon or +obstructions of rights of common. The most striking difference +with the country at large are the ordinances on the repair or +demolition of buildings, encroachments on another's building, +fires, and nuisances. Specimens of other characteristic urban +disputes are: selling bad food, using bad materials, unskillful +or careless workmanship, fraudulent weights and measures, fraud +in buying and selling, forestalling or regrating, acting in a way +likely to endanger the liberties of the borough, usury, trading +without being a citizen, assisting other unlicensed persons to +trade, unlawfully forming a guild, complaints against various +guilds in which trade might be organized. Since the ordinances +were always liable to be called in question before the King's +courts, they tended to become uniform and in harmony with the +principles of the common law. Also, trading between boroughs kept +them knowledgeable about each other's customs and conditions for +trade, which then tended to standardize. Boroughs often had seals +to prove communal consent and tended to act as a corporate body. + +Borough ordinances often include arson such as this one: "And if +a street be set on fire by any one, his body shall be attached +and cast into the midst of the fire." Robbery by the miller was +specially treated by an ordinance that "And if the miller be +attainted of robbery of the grain or of the flour to the amount +of 4d., he shall be hanged from the beam in his mill." + +In London, an ordinance prescribed for bakers for the first +offense of making false bread a forfeiture of that bread. For the +second offense was prescribed imprisonment, and for the third +offense placement in the pillory. A London ordinance for millers +who caused bread to be false prescribed for them to be carried in +a tumbrel cart through certain streets, exposed to the derision +of the people. + +By statute, no one may make a gift or alienation of land to the +church. An attempt to do so will cause the land to escheat to the +lord, or in his default, to the King. Religious houses may not +alienate land given to them by the King or other patrons because +such gifts were for the sake of someone's soul. An attempt to do +so will cause the land to revert to the donor or his heir. If the +church did not say the prayers or do the other actions for which +land was given to it, the land will revert to the donor or his +heir. The church shall send no money out of the nation. + +"Concerning wrecks of the sea, where a man, a dog, or a cat +escape alive out of the ship, that such ship nor barge nor +anything within them shall be deemed wreck, but the goods shall +be saved and kept by view of the Sheriff, Coroner, or the King's +Bailiff". If anyone proves the goods were his within a year and a +day, they shall be restored to him without delay. Otherwise, they +shall be kept by the King. "And where wreck belongs to one other +than the King, he shall have it in like manner". If he does +otherwise, he shall be imprisoned and pay damages and fine. + +Some statutes applied only to Kent County, which had a unique +position between London and the continent. One could sell or give +away his land without the consent of one's lord. The services of +the land, however, could only be sold to the chief lord. +Inheritance of land was to all sons by equal portions, and if +there were no sons, then to all daughters in equal portions. The +eldest brother has his choice of portion, then the next oldest, +etc. The goods of a deceased person were divided into three parts +after his funeral expenses and debts were paid. One third went to +the surviving spouse. One third went to the deceased's sons and +daughters. One third could be disposed by will of the decedent. +If there were no children, one half went to the spouse and one +half went according to will. If an heir was under 15 years old, +his next of kin to whom inheritance could not descend was to be +his guardian. A wife who remarried or bore a child lost her dower +land. A husband lost his dower if he remarried. If a tenant +withheld rent or services, his lord could seek award of court to +find distress on his tenement and if he could find none, he could +take the tenement for a year and a day in his hands without +manuring it. It the tenant paid up in this time, he got the +tenement back. If he didn't within a year and a day, however, the +lord could manure the land. A felon forfeited his life and his +goods, but not his lands or tenements. A wife of a felon had the +dower of one half or her husband's lands and tenements. + +The common law recognized the tort of false imprisonment if a man +arrested as a felon, a person who was not a felon. + +Ecclesiastical courts were successful in their competition with +the secular courts for jurisdiction over testamentary [concerning +wills] and intestate succession [no will] to chattels. It's law +made a woman's chattels the property of her husband upon +marriage. She also lost all power over her land during marriage. +A husband became liable for his wife's torts. Promises under oath +were not recognized for married women. + +Land may not be alienated to religious bodies in such a way that +it would cease to render its due service to the King. + + +- Judicial Procedure - + +The writ of Quo Warranto [by what right] is created, by which all +landowners exercising jurisdictions must bring their ancestors' +charters before a justice in eyre for the Common Pleas for +examination and interpretation as to whether they were going +beyond their charters and infringing upon the jurisdiction of the +Royal Court. As a result, many manor courts were confined to +seigneurial matters and could no longer view frankpledge or hear +criminal cases, which were reserved for the royal courts. In the +manor courts which retained criminal jurisdiction, there was a +reassertion of the obligation to have present a royal coroner, +whose duty it was to see that royal rights were not infringed and +that the goods of felons were given to the Crown and not kept by +the lords. + +The supreme court was Parliament. Next were the royal courts of +the King's Bench, Common Pleas, and the Exchequer, which had +become separate, each with its own justices and records. The +Court of Common Pleas had its own Chief Justice and usually met +at Westminster. This disadvantaged the small farmer, who would +have to travel to Westminster to present a case. The Court of the +King's Bench heard criminal cases and appeals from the Court of +Common Pleas. It traveled with the King. There were many trespass +cases so heard by it in the reign of Edward I. In criminal cases, +witnesses acquainted with particular facts were added to the +general assize of twelve men from each hundred and frou men from +each town. + +The most common cases in the Court of Common Pleas were "detinue" +[wrongful detention of a good or chattel which had been loaned, +rented, or left for safe-keeping with a "bailee", but belonged to +the plaintiff], "debt" [for money due from a sale, for money +loaned, for rent upon a lease for years, from a surety, promised +in a sealed document, or due to arbitrators to whom a dispute had +been submitted] and "account" [e.g. by bailiffs of manors, the +guardian in socage, and partners]. It also heard estovers of +wood, profit by gathering nuts, acorns, and other fruits in wood, +corody, yearly delivery of grain, toll, tronage, passage +[pawnage], keeping of parks, woods, forests, chases, warrens, +gates, and other bailiwicks, and offices in fee. + +The justices in eyre gradually ceased to perform administrative +duties on their eyres because landed society had objected to +their intrusiveness. + +Breaches of the forest charter laws were determined by justices +of the King's forest, parks, and chases, along with men of +assize. + +Coroners' inquest procedures were delineated by statute and +included describing in detail in the coroner's rolls every wound +of a dead body, how many may be culpable, and people claiming to +have found treasure who might be suspects. + +There were local courts of the vill, borough, manor, hundred, +county, sheriff, escheator, and royal bailiff, with overlapping +jurisdictions. + +In the manor courts, actions of debt, detinue, and covenant were +frequent. Sometimes there are questions of a breach of warranty +of title in agreements of sale of land. Accusations of defamation +were frequent; this offense could not be taken to the King's +court, but it had been recognized as an offense in the +Anglo-Saxon laws. In some cases, the damages caused are +specifically stated. For instance, defamation of a lord's grain +cause other purchasers to forbear buying it. There are frequent +cases of ordinary thefts, trespasses, and assaults. The courts +did rough but substantial justice without distinction between +concepts such as tort and contract. In fact, the action of +covenant was the only form of agreement enforceable at common +law. It required a writing under seal and awarded damages. Their +law was not technical, but elastic, and remedies could include +injunctions, salary attachment, and performance of acts. + +The precedent for punishment for treason was established by the +conviction of a knight, David ab Gruffydd, who had turned traitor +to the Welsh enemy during the conquest of Wales and plotted to +kill the King. He was condemned to be dragged at the heels of +horses for being a traitor to his knightly vows, hanged by the +neck for his murders, cut down before consciousness left him to +have his entrails cut out for committing his crimes during the +holy week of Easter, and his head cut off and his body divided +into four parts for plotting against the King's life. The head +and body sections were placed in public view at various locations +in the nation. Prior to this the penalty was imprisonment usually +followed by ransom. + +Trial by battle is now limited to certain claims of enfeoffment +of large land holding and is barred for land held in socage, +burgage, or by marriage. Assize is the usual manner of trial, but +compurgation remains in the borough court long after it becomes +obsolete in the royal courts. Defendants no longer request +assizes but are automatically put to them. + +Numerous statutes protect the integrity of the courts and King's +offices by double and treble damages and imprisonment for +offenses such as bribery, false informers, conspiracy to falsely +move or maintain pleas, champerty [giving an interest in the +outcome of a case to a person for his assistance in litigating +it], conflict of interest by court officers by having a part in +the business or thing at issue. There had been many abuses, the +most common of which was extortion by sheriffs, who jailed people +without cause to make them pay to be released. + +The King reserved to himself and his council in its judicial +capacity the correction of all breaches of the law which the +lower courts had failed to remedy, whether from weakness, +partiality, or corruption, and especially when the powerful +barons defied the courts. + +The Court of Hustings in London is empowered to award landlords +their tenementsfor which rent or services are in arrears if the +landlord could not distrain enough tenant possessions to cover +the arrearages. + +Wills are proven in the Court of Husting, the oldest court in +London, which went back to the times of Edward the Confessor. One +such proven will is: + +"Tour (John de La) - To Robert his eldest son his capital +messuage and wharf in the parish of Berchingechurch near the land +called 'Berewardesland`. To Agnes his wife his house called +'Wyvelattestone', together with rents, reversions, etc. in the +parish of S. Dunstan towards the Tower, for life; remainder to +Stephen his son. To Peter and Edmund his sons lands and rents in +the parish of All Hallows de Berhyngechurch; remainders over in +default of heirs. To Agnes, wife of John le Keu, fishmonger, a +house situate in the same parish of Berhyng, at a peppercorn +[nominal] rent." + +The Court of the Mayor of London heard diverse cases, including +disputes over goods, faulty goods, enhancing the price of goods, +using unlawful weighing beams, debts, theft, distraints, +tavern-brawling, bullying, and gambling. The following four cases +pertain to customs, bad grain, surgery, and apprenticeship, +respectively. + +"John le Paumer was summoned to answer Richer de Refham, Sheriff, +in a plea that, whereas the defendant and his Society of Bermen +[carriers] in the City were sworn not to carry any wine, by land +or water, for the use of citizens or others, without the +Sheriff's mark, nor lead nor cause it to be led, whereby the +Sheriff might be defrauded of his customs, nevertheless he caused +four casks of wine belonging to Ralph le Mazun of Westminster to +be carried from the City of Westminster without the Sheriff's +mark, thus defrauding the latter of his customs in contempt of +the King etc. The defendant acknowledged the trespass. Judgment +that he remain in the custody of the Sheriff till he satisfy the +King and the Court for offense." + +"Walter atte Belhaus, William atte Belhous, Robert le Barber +dwelling at Ewelleshalle, John de Lewes, Gilbert le Gras, John +his son, Roger le Mortimer, William Ballard atte Hole, Peter de +Sheperton, John Brun and the wife of Thomas the pelterer, Stephen +de Haddeham, William de Goryngg, Margery de Frydaiestrate, +Mariot, who dwells in the house of William de Harwe, and William +de Hendone were attached to answer for forestalling all kinds of +grain and exposing it, together with putrid grain, on the +pavement, for sale by the bushel, through their men and women +servants; and for buying their own grain from their own servants +in deception of the people. The defendants denied that they were +guilty and put themselves on their country. A jury of Richard de +Hockeleye and others brought in a verdict of guilty, and the +defendants were committed to prison til the next Parliament." + +"Peter the Surgeon acknowledged himself bound to Ralph de +Mortimer, by Richard atte Hill his attorney, in the sum of 20s., +payable at certain terms, the said Ralph undertaking to give +Peter a letter of acquittance [release from a debt]. This +Recognizance arose out of a covenant between them with regard to +the effecting of a cure. Both were amerced for coming to an +agreement out of Court. A precept was issued to summon all the +surgeons of the City for Friday, that an enquiry might be made as +to whether the above Peter was fitted to enjoy the profession of +a surgeon." + +"Thomas de Kydemenstre, shoemaker, was summoned to answer William +de Beverlee, because he did not clothe, feed and instruct his +apprentice Thomas, William's son, but drove him away. The +defendant said that the apprentice lent his master's goods to +others and promised to restore them or their value, but went away +against his wish; and he demanded a jury. Subsequently, a jury of +William de Upton and others said the apprentice lent two pairs of +shoes belonging to his master and was told to restore them, but, +frightened by the beating which he received, ran away; further +that the master did not feed and clothe his apprentice as he +ought, being unable to do so, to the apprentice's damage 40d., +but that he was now in a position to look after his apprentice. +Thereupon Thomas de Kydemenstre said he was willing to have the +apprentice back and provide for him, and the father agreed. +Judgment that the master take back the apprentice and feed and +instruct him, or that he repay to the father, the money paid to +the latter, and that he pay the father the 40d. and be in mercy." + +A professional class of temporal lawyers is prominent in the +nation. They were educated and certified at the new Inns of Court +in London. Some are employed by the King. Judge tend to be +recruited from among those who had passed their lives practicing +law in court, instead of from the ecclesiastical orders. Men +learned All lawyers were brought under the control of the judges. + +There are two types of attorneys: one appears in the place of his +principal, who does not appear. The appointment of such an +attorney is an unusual and a solemn thing, only to be allowed on +special grounds and with the proper formalities. The other type +of attorney accompanies his client to court and advocates his +position with his knowledge of the law and his persuasiveness. + +The great litigation of the nation is conducted by a small group +of men, as is indicated by the earliest Year Books of case +decisions. They sit in court and one will sometimes intervene as +amicus curiae. Parliament refers difficult points of law to them +as well as to the judges. In 1280, the city of London made +regulations for the admission of both types of attorneys to +practice before the civic courts, and for their due control. In +1292 the King directed the judges to provide a certain number of +attorneys and apprentices to follow the court, who should have +the exclusive right of practicing before it. This begins the +process which will make the attorney for legal business an +"officer of the court" which has appointed him. + +Because the common law and its procedures have become technical +and rigid, the Chancery was given equity jurisdiction by statute +in 1285. In Chancery, if there is a case with no remedy specified +in the law, that is similar to a case for which there is a writ, +then a new writ may be made for that case. These were called +"actions on the case". This added to Chancery's work of now +hearing petitions of misconduct of government officials or of +powerful oppressors, wardship of infants, dower, rent charges, +fraud, accident, and abuse of trust. Also, Parliament may create +new remedies. + +Disputes within the royal household were administered by the +King's steward. He received and determined complaints about acts +or breaches of the peace within twelve miles around the King's +person or "verge". He was assisted by the marshall in the "court +of the hall" and by the clerk of the market when imposing fines +for trading regulation violations in the "court of the market". + + +Chapter 9 + +- The Times: 1348-1399 - + +Waves of the black death, named for the black spots on the body, +swept over the nation. The first wave of this plague, in 1348, +decimated the population by about one half in the towns and one +third in the country. People tried to avoid the plague by flight. +The agony and death of so many good people caused some question +their belief in God. Thus begins a long period of +disorganization, unrest, and social instability. Customary ways +were so upset that authority and tradition were no longer +automatically accepted. Fields lay waste and sheep and cattle +wandered over the countryside. Local courts could not be held. +Guilds and rich men made contributions to the poor and ships with +provisions were sent to various parts of the country for the +relief of starving people. + +Farm workers were so rare that they were able to demand wages at +double or triple the pre-plague rate. The peasants had become +nomadic, roaming from place to place, seeking day work for good +wages where they could get it, and resorting to thievery on the +highways or beggary where they could not. The Robin Hood legends +were popular among them. + +They spread political songs among each other, such as: "To seek +silver to the King, I my seed sold; wherefore my land lieth +fallow and learneth to sleep. Since they fetched my fair cattle +in my fold; when I think of my old wealth, well nigh I weep. Thus +breedeth many beggars bold; and there wakeneth in the world +dismay and woe, for as good is death anon as so for to toil." + +Groups of armed men took lands, manors, goods, and women by +force. The villeins agreed to assist each other in resisting by +force their lords' efforts to return them to servitude. Justices +became afraid to administer the law. Villeins, free peasants, and +craftsmen joined together and learned to use the tactics of +association and strikes against their employers. + +The office of Justice of the Peace was created for every county +to deal with rioting and vagrants. Cooperation by officials of +other counties was mandated to deal with fugitives from its +justice. + +When there were attempts to enforce the legal servitude of the +peasants, they spread rhymes of their condition and need to +revolt. A secret league, called the "Great Society" linked the +centers of intrigue. A poll tax for a war with France touched off +a riot all over the nation in 1381. This tax included people not +taxed before, such as laborers, the village smith, and the +village tiler. By this time, the black death had reduced the +population from 5 million to 2 1/2 million. It was to rise to 4 +million by 1600. + +Mobs overran the counties around London. The upper classes fled +to the woods. But the Chief Justice was murdered while fleeing. +Written records of the servitude of villeins were burned in their +halls, which were also looted. Prisoners were released from +jails. The archbishop, who was a notoriously exploitive landlord, +and the Treasurer were beheaded on Tower Hill and their heads +were posted over London Bridge. The villeins demanded that +service to a lord be by agreement instead of by servitude, a +ceiling on rents of 4d. per acre yearly, abolition of a lord's +right for their work on demand (e.g. just before a hail storm so +only his crops were saved), and the right to hunt and fish. + +The revolt was suppressed and its leaders punished. Also, the +duty to deal with rioting and vagrants was given to royal judges, +sheriffs, mayors, bailiffs, and constables as well as the +Justices of the Peace. There was a high constable in each hundred +and a petty constable in each parish. Justices of the peace could +swear in neighbors as unpaid special constables when disorder +broke out. + +The sheriff was responsible for seeing that men of the lower +classes were organized into groups of ten for police and surety +purposes, and for holding of hundred and shire courts, arresting +suspects, guarding prisoners awaiting trial, carrying out the +penalties adjudged by the courts, and collecting Crown revenue +through his bailiffs. Royal writs were addressed to the sheriff. +Because many sheriffs had taken fines and ransoms for their own +use, a term limit of one year was imposed. Sheriffs, hundreders, +and bailiffs had to have lands in the same shires or bailiwicks +[so they could be held answerable to the King]. + +Efforts were made to keep laborers at the plough and cart rather +than learn a craft or entering and being educated by the church. +The new colleges at the universities ceased to accept villeins as +students. + +Due to the shortage of labor, landlords' returns had decreased +from about 20% to 5%. But some found new methods of using land +that were more profitable than the customary services of villeins +who had holdings of land or the paid labor of practically free +men who paid a money rent for land holdings. One method was to +turn the land to sheep-breeding. Others leased their demesne +land, which transferred the burden of getting laborers from the +landlord to the lessor-tenant. The payment was called a "farm" +and the tenant a "farmer". First, there were stock-and-land +leases, in which both the land and everything required to +cultivate it were let together. After 50 years, when the farmers +had acquired assets, there were pure land leases. The commutation +of labor services into a money payment developed into a general +commutation of all services. Lords in need of money gladly sold +manumissions to their villeins. The lord and lady of some manors +now ate by themselves in a private parlor with a fireplace of its +own and the great hall was deserted. + +Some farmers achieved enough wealth to employ others as laborers +on their farms. The laborers lived with their employer in his +barn, sleeping on hay in the loft, or in mud huts outside the +barn. The farmer's family lived at one end of the barn around an +open fire. Their possessions typically were: a chest, a trestle +table, benches, stools, an iron or bronze cauldron and pots, +brooms, wooden platters, wooden bowls, spoons, knives, wooden or +leather jugs, a salt box, straw mattresses, wool blankets, linen +towels, iron tools, rushlightholders, and livestock. Some farmers +could afford to have a wooden four-posted bedstead, hens, geese, +pigs, a couple of cows, a couple of sheep, or two plow oxen. They +ate dark bread and beans and drank water from springs. Milk and +cheese were a luxury for them. Farming still occupied the vast +majority of the population. Town inhabitants and university +students went into the fields to help with the harvest in the +summer. + +Town people had more wealth than country people. Most townspeople +slept in nightgowns and nightcaps in beds with mattresses, +blankets, linen sheets, and pillows. Beds were made every +morning. Bathing was by sponging hot water from a basin over the +body, sometimes with herbs in it, rinsing with a splash of warm +water, and drying off with a towel. There were drapery-rugs hung +around beds, hand-held mirrors of glass, and salt cellars. The +first meal of the day was breakfast, which broke the fast lasting +the night. Meals were often prepared according to recipes from +cook books which involved several preparation procedures using +flour, eggs, sugar, cheese, and grated bread, rather than just +simple seasoning. Menus were put together with foods that tasted +well together and served on plates in several courses. Table +manners included not making sounds when eating, not playing with +one's spoon or knife, not placing one's elbows on the table, +keeping one's mouth clean with a napkin, and not being +boisterous. There were courtesies such as saying "Good Morning" +when meeting someone and not pointing one's finger at another +person. King Richard II invented the handkerchief for sneezing +and blowing one's nose. There were books on etiquette. + +There were extremes of fashion in men's and women's clothing +including tight garments, pendant sleeves down to the ground, +coats so short they didn't reach the hips or so long they reached +the heels, hoods so small they couldn't cover the head, and shoes +with long curved peaks like claws at the toes. Some women painted +their faces and/or colored their hair. There were hand-held glass +mirrors. Some people kept dogs purely as pets. + +New burgesses were recruited locally, usually from within a 20 +mile radius of town. Most of the freemen of the larger boroughs, +like Canterbury and London, came from smaller boroughs. An +incoming burgess was required to buy his right to trade either by +way of a seven year apprenticeship or by payment of an entry fee. +To qualify, he needed both a skill and social respectability. + +Towns started acquiring from the King the right to vacant sites +and other waste places, which previously was the lord's right. +The perpetuality of towns was recognized by statutes of 1391, +which compared town-held property to church-held property. The +right of London to pass ordinances was confirmed by charter. Some +towns had a town clerk, who was chief of full-time salaried +officers. There was a guildhall to maintain, a weigh-house, +prison, and other public buildings, municipal water supplies, +wharves, cranes, quays, wash-houses, and public lavatories. + +After the experience of the black death, some sanitary measures +were taken. The notorious offenders in matters of public hygiene +in the towns, such as the butchers, the fishmongers, and the +leather tanners were assigned specific localities where their +trades would do least harm. The smiths and potters were excluded +from the more densely populated areas because they were fire +risks. In the town of Salisbury, there was Butcher Row, Ox Row, +Fish Row, Ironmongers' Row, Wheelwrights' Row, Smiths' Row, Pot +Row, Silver Street, Cheese Market, and Wool Market. + +Fresh water was brought into towns by pipe or open conduit as a +public facility, in addition to having public wells. In London, a +conduit piped water underground to a lead tank, from which it was +delivered to the public by means of pipes and brass taps in the +stone framework. This was London's chief water supply. Water +carriers carried water in wooden devices on their backs to +houses. The paving and proper drainage of the streets became a +town concern. Building contracts specified the provision of +adequate cesspits for the privies at town houses, whether the +toilets were built into the house or as an outhouse. Also, in the +better houses, there grew a practice of carting human and animal +fecal matter at night to dung heaps outside the city walls. +Country manor houses had toilets on the ground floor and/or the +basement level. Stairwells between floors had narrow and winding +steps. + +In all towns, the organization of craft associations spread +rapidly downwards through the trades and sought self-government. +Craft guilds were gaining much power relative to the old merchant +guilds in governing the towns. The greater crafts such as the +fishmongers, skinners, and the corders organized and ultimately +were recognized by town authorities as self-governing craft +guilds. The guild was not necessarily associated with a specific +product. For instance, a saddle and bridle were the result of +work of four crafts: joiner (woodworker), painter, saddler +(leather), and lorimer (metal trappings). + +In London in 1392 craft guilds included: baker, fishmonger (cut +up and sold fish), fruiterer, brewer, butcher, bird dealer, cook, +apothecary (sold drugs he had ground up), cutler (made knives and +spoons), barber, tailor, shoemaker, glover (made gloves), skinner +(sold furs), girdler (made girdles of cloth to wear around one's +waist), pouchmaker, armorer, sheathmaker, weaver, fuller (made +cloth full and dense), painter, carpenter, joiner (woodworker, +including furniture), tiler, mason (cut stone for buildings), +smith (made metal tools for stonemasons and builders), tallow +chandler (made candles), wax chandler (made candles), stirrup +maker, spurrier (made spurs), and hosteler (innkeeper). However, +the merchant guilds of the goldsmiths, vintners (sold wine), +mercers (sold cloth), grocers, and drapers (finished and sold +English cloth) were still strong. The goldsmiths, tailors, +skinners, and girdlers bought royal charters, which recognized +their power of self-government as a company and their power to +enforce their standards, perhaps throughout the country. There +were paint mills and saw mills replacing human labor. Women who +spent their days spinning with the new spinning wheel were called +"spinsters". + +Many of the guilds bought sites on which they built a chapel, +which was later used as a secular meeting place. The guild +officers commonly included an alderman, stewards, a dean, and a +clerk, who were elected. The guild officers sat as a guild court +to determine discipline for offences such as false weights or +measures or false workmanship or work and decided trade disputes. +The brethren in guild fraternity were classified as masters, +journeymen, or apprentices. They were expected to contribute to +the support of the sick and impoverished in their fellowship. +Their code required social action such as ostracizing a man of +the craft who was living in adultery until he mended his ways. + +The rules of the Company of Glovers were: + +1. None but a freeman of the city shall make or sell gloves. + +2. No glover may be admitted to the freedom of the city unless +with the assent of the wardens of the trade. + +3. No one shall entice away the servant of another. + +4. If a servant in the trade makes away with his master's +chattels to the value of 12d., the wardens shall make good the +loss; and if the servant refuses to be judged by the wardens, he +shall be taken before the mayor and aldermen. + +5. No one may sell his goods by candle-light. + +6. Any false work found shall be taken before the mayor and +aldermen by the wardens. + +7. All things touching the trade within the city between those +who are not freemen shall be forfeited. + +8. Journeymen shall be paid their present rate of wages. + +9. Persons who entice away journeymen glovers to make gloves in +their own houses shall be brought before the mayor and aldermen. + +10. Any one of the trade who refuses to obey these regulations +shall be brought before the mayor and aldermen. + +Cordwainers [workers in soft cordovan leather from Spain, +especially shoes] of good repute petitioned the city of London in +1375 for ordinances on their trade as follows: + +'To the mayor and aldermen of the city of London pray the good +folks of the trade of cordwainers of the same city, that it may +please you to grant unto them the articles that follow, for the +profit of the common people; that so, what is good and right may +be done unto all manner of folks, for saving the honor of the +city and lawfully governing the said trade. + +In the first place - that if any one of the trade shall sell to +any person shoes of bazen [sheep-skin tanned in oak or +larch-bark] as being cordwain, or of calf-leather for ox-leather, +in deceit of the common people, and to the scandal of the trade, +he shall pay to the Chamber of the Guildhall, the first time that +he shall be convicted thereof, forty pence; the second time, 7s. +half a mark; and the third time the same, and further, at the +discretion of the mayor and aldermen. + +Also - that no one of the trade shall keep house within the +franchise if he be not free [invested with the rights or +privileges] of the city and one knowing his trade, and that no +one shall be admitted to the freedom without the presence of the +wardens of the trade bearing witness to his standing, on the pain +aforesaid. + +Also - if any one of the trade shall be found offending touching +the trade, or rebellious against the wardens thereof, such person +shall not make complaint to any one of another trade, by reason +of the discord or dissension that may have arisen between them; +but he shall be ruled by the good folks of his own trade. And if +he shall differ from them as acting against right, then let the +offense be adjudged upon before the mayor and aldermen; and if he +be found rebellious against the ordinance, let him pay to the +Chamber the sum above mentioned. + +Also - that no one of the trade shall entice or purloin the +servant of another +from the service of his master by paying him more than is +ordained by the trade, +on the pain aforesaid. + +Also - that no one shall carry out of his house any wares +connected with his trade for sale in market or elsewhere except +only at a certain place situated between Soperesland and the +Conduit; and that at a certain time of the day, that is to say, +between prime [the first hour of the day] and noon. And that no +shoes shall exceed the measure of seven inches, so that the wares +may be surveyed by the good folks of the trade, because of the +deceit upon the common people that might ensue and the scandal of +the trade, on the pain aforesaid. + +Also - that no one shall expose his wares openly for sale in +market on Sundays at any place, but only within his own dwelling +to serve the common people, on the pain aforesaid. + +Also - that if any one sells old shoes, he shall not mix new +shoes among the old in deceit of the common people and to the +scandal of the trade, on the pain aforesaid." + +Smithfield was a field outside the city gates at which horses +were sold and raced. In 1372, the horsedealers and drovers +petitioned for a tax on animals sold there to pay for cleaning +the field. The city ordinance reads as follows: "On Wednesday +next after the Feast of St. Margaret the Virgin came reputable +men, the horsedealers and drovers, and delivered unto the mayor +and aldermen a certain petition in these words: 'To the mayor, +recorder, and aldermen show the dealers of Smithfield, that is to +say, the coursers and drovers, that for the amendment of the said +field they have granted and assented among them that for the term +of three years next ensuing after the date of this petition for +every horse sold in the said field there shall be paid one penny, +for every ox and cow one half-penny, for every eight sheep one +penny, and for every swine one penny by the seller and the same +by the purchaser who buys the same for resale.` Afterwards, on +the eleventh day of August in the same year, Adam Fernham, keeper +of the gaol at Newgate, Hugh, Averelle, bailiff of Smithfield, +and William Godhewe, weaver, were chosen and sworn faithfully to +collect and receive the said pennies in form aforesaid and to +clean the field of Smithfield from time to time during such term +of three years when necessary." + +Some London houses were being made from stone and timber and even +brick and timber, instead of just timber and mud. However, +chimneys were still a luxury of the rich. There were windows of +glass and a guild of glaziers was chartered by the King. Many +single-roomed houses added a second-floor room for sleeping, +which was approached by a wooden or stone staircase from the +outside. Goods were displayed on a booth outside the door of the +house or hung in the windows. They were stored at night in the +cellar. Over the booths swung huge signs, which had to be nine +feet above street level to allow a man on horseback to ride +underneath. There were no footpaths. Street repair work for wages +was supervised by a stone master. The streets sloped down from +the middle so that the filth of the streets would run down the +sides of the road. Dustmen collected rubbish from the streets and +pigs and geese were no allowed to run at large in the streets, +but had to be fed at home. + +Aldermen were constantly making rounds to test measures and +weights, wine cups, the height of tavern signs, and the mesh of +the fishing nets, which had to be at least two inches wide. They +saw that the taverns were shut when curfew was rung and arrested +anyone on the street after curfew who had a weapon. Wards +provided citizens to guard the gates in their respective +neighborhood and keep its key. + +The city was so dense that nuisance was a common action brought +in court, for instance, vegetable vendors near a church +obstructing passageway on the street or plumbers melting their +solder with a lower than usual shalt of the furnace so smoke was +inhaled by people nearby. + +Crime in London was rare. Murder, burglary, highway robbery, and +gross theft were punishable by hanging. Forgery, fraud, was +punishable by the placement in the pillory or stocks or by +imprisonment. Perjury was punished by confession from a high +stool for the first offense, and the pillory for the second. +Slander and telling lies was punished by the pillory and wearing +a whetstone around one's neck. + +Prominent Londoners sought to elevate their social position by +having their family marry into rural landowners of position. + +Many master freemasons left the country for better wages after +their wages were fixed by statute. The curvilinear gothic style +of architecture was replaced by the perpendicular style, which +was simpler and cheaper to build. Church steeples now had clocks +on them with dials and hands to supplement the church bell +ringing on the hour. + +Towns recognized surgery as a livelihood subject to admission and +oath to serve the social good. Master surgeons were admitted to +practice in 1369 in London in full husting before the mayor and +the aldermen and swore to: faithfully serve the people in +undertaking their cures, take reasonably from them, faithfully +follow their calling, present to the said mayor and aldermen the +defaults of others undertaking, so often as should be necessary; +to be ready, at all times when they should be warned, to attend +the maimed or wounded and others, to give truthful information to +the officers of the city as to such maimed, wounded, or others +whether they be in peril of death or not, and to faithfully do +all other things touching their calling. + +Only women were allowed to be present at a birth, at which they +spread the knowledge of midwifery. As usual, many women died +giving birth. Various ways to prevent pregnancy were tried. It +was believed that a baby grew from a seed of the father planted +in the woman's body. + +Infant mortality was especially high in boroughs and burgess +family lines usually died out. A three-generation family span was +exceptional in the towns, despite family wealth. + +After the plague, gentlemen no longer had their children learn to +speak Norman. The grammar schools taught in English instead of +Norman. Bishops began to preach in English. Twenty years later, +English became the official language of the courts and of +Parliament. + +A will in 1389 in which a wealthy citizen arranges for one son to +become a lawyer and the other a merchant: +"Will of William de Tonge, citizen of London: One hundred marks +[1,333s.]each to my two sons. And I will that my said two sons +shall live upon the profits of the money bequeathed to them above +until the age of twenty years. And if my said two sons be well +learned in grammar and adorned with good manners, which shall be +known at the end of twenty years, and the elder son wish to +practice common law, and if it is known that he would spend his +time well in that faculty, I will that over and above the profit +of the said one hundred marks he shall have yearly from my rents +for the term of seven years five marks [67s.]. And if he should +waste his time aforesaid, or if he should marry foolishly and +unsuitably, I will that he receive nothing more of the said five +marks. + +And if younger son wishes to attend the University of Oxford or +to establish himself well in the mystery of a merchant after the +age of twenty years, and [if] there be knowledge of his +praiseworthy progress in his faculty or his carefulness in +trading ... I will that he shall receive five marks yearly in the +manner described above for his maintenance, over and above the +profit of the said one hundred marks to him bequeathed, for the +space of seven years; and if he behave himself otherwise, I will +that thereupon he be excluded from the said five marks. And in +case the said bequest of 200 marks [2,667s.]to him and his +brother shall be annulled so that he shall have nothing therefrom +... then the said 200 marks shall be spent upon all the yearly +chaplains who can be had to celebrate divine service in the +church of All Hallows for my soul." + +England was still an agricultural rather than a manufacturing +country. Imported were cloth, silks, linen, velvets, furs, glass, +wines, candles, millstones, amber, iron, and mercury. Exported +were wool, leather, lead, tin, and alabaster for sculpturing. But +the Merchant Adventurers now manufactured cloth good enough for +export and began to buy up raw wool in such quantity that its +export +declined. + +An Oxford theologian and preacher, John Wyclif, voiced the +popular resentment of the materialism of the church, benefit of +clergy, immorality of priests, and the selling of indulgences and +pardons. He argued against the supremacy of the papal law over +the King's courts and against payments to the papacy. He opined +that the church had no power to excommunicate. The Friars had +become mere beggars and the church was still wealthy. He proposed +that all goods should be held in common by the righteous and that +the church should hold no property but be entirely spiritual. He +believed that people should rely on their individual consciences. +He thought that the Bible should be available to people who could +read English so that the people could have a direct access to God +without priests or the Pope. Towards this end, he translated it +from Latin into English in 1384. His preachers spread his views +throughout the country. The church then possessed about one-third +of the land of the nation. + +Stories were written about pilgrimage vacations of ordinary +people to religious sites in England. Geoffrey Chaucer's "Tales +of the Canterbury Pilgrims" portrayed characters of every social +class, including the knight with his squire, abbot,prioress, nun, +priest, monk, friar, poor parson of the country, summoner (who +enforced the jurisdiction and levied the dues of the church +courts), pardoner (sold pardons from the Pope), scholar, lawyer, +doctor, merchant, sailor, franklin, yeoman, haberdasher, +tapestry-maker, ploughman, cook, weaver, dyer, upholsterer, +miller, reeve, carpenter. + +It told stories about a beautiful and virtuous wife disliked by +her mother-in-law, the difficulty of marriage between people of +different religions, the hatred of a poor person b his brother +and his neighbor, rich merchants who visited other kingdoms, the +importance of a man himself following the rules he sets for other +people's behavior, the spite of a man for a woman who rejected +him, the relative lack of enthusiasm of a wife for sex as +compared to her husband, a mother giving up her own comfort for +that of her child, the revenge killing of a murderer by the dead +man's friends, the joy of seeing a loved one after years of +separation, that life is more sad than happy, that lost money can +be retrieved, but time lost is lost forever. + +Other stories in the Canterbury Tales were about two men who did +not remain friends after they fell in love with the same woman, +about a child who preferred to learn from an older child than +from his school-teacher, about a wife who convinced her husband +not to avenge her beating for the sake of peace, about a man who +woke up from bad dreams full of fear, about a man wanting to +marry a beautiful woman but later realizing a plain wife would +not be pursued by other men, about a man who drank so much wine +that he lost his mental and physical powers, about a woman who +married for money instead of love, about a man who said something +in frustration which he didn't mean, about a person brought up in +poverty who endured adversity better than one brought up in +wealth, about a wife who was loving and wise, about a good +marriage being more valuable than money, about a virgin who +committed suicide rather than be raped, about a wife persuaded to +adultery by a man who said he would otherwise kill himself, about +three men who found a pile of gold and murdered each other to +take it all, about an angry man who wanted to kill, about a +malicious man who had joy in seeing other men in trouble and +misfortune, about a man whose face turned red in shame, about a +wife expecting to have half of what her husband owned. + +Will Langland's poem "The Vision of William Concerning Piers +Plowman" portrays a pilgrimage of common people to the shrine of +Truth led by a virtuous laborer. Mystics wrote practical advice +with transcendental teaching, for instance "Scale of Perfection" +attributed to Walter Hilton and "Cloud of Unknowing". Richard +Rolle wrote about spiritual matters, probably the "Prick of +Conscience". Richard de Bury wrote "Philobiblon" about book +lovers. Jean Froissart wrote the "Chronicles" on knights. Courtly +ideals were expressed in "Sir Gawaine and the Grene Knyght", +wherein the adventures of the hero, an Arthur knight, are +allegorical in the struggle against the world, the flesh, and the +devil (1370). "Pearl" eulogized all that is pure and innocent on +the event of the death of a two year old child. Paper +supplemented parchment, so there were more books. + +Political songs and poems were written about the evil times of +King Edward II, the military triumphs of King Edward III, and the +complaints of the poor against their oppressors, such as "Song of +the Husbandman". John Gower wrote moralizing poems on the +peasant's revolt, the sins of the clergy and lawyers, and the bad +rule of King Richard II. Robin Hood ballads were popular. The +minstrel, who was a honorable person, replaced the troubadour of +older times. + +There were many colleges at Oxford and Cambridge due to the +prohibition of gifts to the church. Laymen instead of +ecclesiastics were appointed as Chancellor. The Masters at Oxford +got rid of ecclesiastical supervision by a bishop and archdeacon +by 1368. One could be admitted as a student at age thirteen. + +A Bachelor of Arts degree was granted after four years of study +and an oral exam. Required reading in 1340 for the Bachelor's +Degree was Aristotlean logic and a selection from these works: +"Of Heaven and Earth", "On the Soul", "Of meteors", "Of Birth and +Decay", "Of Feeling and What is Felt", "Of Memory and +Recollection", "Of Sleep and Waking", "Of the Movement of +Animals", "Of Minor Points in Natural History". + +A Master of Arts degree could be awarded after three more years +of study and teaching. A Doctorate degrees in theology required +ten more years of study. A Doctorate in civil or canon law +required eight more years. A man with a degree in canon law who +wanted to practice in a certain bishop's court had to first +satisfy this bishop of his competence. The guilds gave rise to +the Inns of Court in London. They used the Register of Writs, the +case law of the Year Books, and disputation to teach their +students. + +For a doctorate in medicine from Oxford or Cambridge, five more +years plus two years of practice were required. Surgery was not +taught because it was considered manual labor. Humans were +thought to be influenced by four humors: sanguine, phlegmatic, +choleric, and melancholic. Urinalysis and pulse beat were used +for diagnosis. Epilepsy and apoplexy were understood as spasms +inside the head. It was known what substances served as laxatives +and diuretics. Teeth were extracted, eye cataracts were removed +with a silver needle, and skin from the arm was grafted onto a +mutilated face. + +Englishmen who had collected books on philosophy, medicine, +astronomy, and history and literature books from the continent +gave their collections to the universities, which started their +libraries. Marco Polo's discoveries on his journey to China were +known. + +The requirements of elementary and higher studies were adjusted +in 1393 and began the public school system. William of Wykeham's +school, St. Mary College of Winchester in Oxford was the +prototype. The curriculum was civil law, canon law, medicine, +astronomy with astronomical instruments that were made, theology, +and the arts. The arts text books were still grammar, logic, +Donatus, and Aristotle. Many laymen were literate, for instance +country gentry, merchants, and craftsmen. Laymen instead of +clerics were now appointed to the great offices of state. + +Parliament was composed of representatives from 100 boroughs and +37 shires. Merchants were entering Parliament and paid much of +the taxes. Some were created Earls and appointed as ministers to +the King. Edward III did not summon anyone to his council who did +not have the confidence of the magnates [barons, earls, bishops, +and abbots]. Under him, the commons took a leading part in the +granting of taxes and the presentation of petitions. + +King Richard II exiled Henry of Lancaster, forbade his +inheritance, and took his property. This made all propertied men +anxious. The "Merciless Parliament" of 1388 swept out King +Richard II's friends. Parliament threw Richard II into prison and +elected Lancaster to be King Henry IV. This action established +clearly that royal decrees were subordinate to parliamentary +statutes. The House of Commons became very powerful. + +So the roles of Parliament and the King's council are starting to +differentiate into legislative and executive, respectively. The +legislative function is law-making and the executive is +regulation-making that refines and effectuates the laws of +Parliament. But the legislative, executive and judicial +authorities have not as yet become so completely separated that +they cannot on occasion work together. + +At the 1376 Parliament, ("the Good Parliament") the Commons, +which formerly had only consented to taxes, took political action +by complaining that the King's councilors had grown rich by war +profiteering at the cost of impoverishing the nation and the +people were too poor to endure any more taxation for the war and +held a hearing on malfeasance of two ministers. The Parliament +found the charges proved and dismissed them from office. This +established the constitutional means for impeachment and removal +of ministers. The commons demanded that its members be elected by +shire citizens rather than appointed by the sheriff. Actions of +this Parliament were undone a few months later. + +There was a standard form of direct taxation voted by Parliament, +which was normally 1/10 of the value of all moveables in towns +and royal domains and 1/15 in the country. + +From 1150 to 1400, resistance was an ordinary remedy for +political disagreements. If a popular leader raised his standard +in a popular cause, an irregular army could be assembled in a +day. (There was no regular army, since England was protected by +the sea from invasion.) So misgovernment by a King would be +quickly restrained. Society recovered quickly from conflict and +civil war because the national wealth consisted chiefly in flocks +and herds and in the simple buildings inhabited by the people. In +a week after armed resistance, the peasant was driving his team. +There was little furniture, stock of shops, manufactured goods, +or machinery that could be destroyed. + +The feudal army was summoned for the last time in the 100 year +war with France, which began in 1337. In it the English longbow +was used to pierce French knights' armor. Gunpowder and guns and +cannon were introduced in 1338. They became common by 1372 and +foresaw the end to the competition between the strength of arrows +to pierce and the heaviness of armor to resist. Featherbeds and +blooded horses were favorite spoils of war brought back to +England. + +Many lords got men to fight with them by livery and maintenance +employment +agreements such as this one of 1374: +"Bordeaux, February 15. This indenture, made between our lord +King John [of Gaunt, of Castile, etc.] of the one part and Symkyn +Molyneux, esquire, of the other part, witnesses that the said +Symkyn is retained and will remain with our said lord for peace +and for war for the term of his life, as follows: that is to say, +the said Symkyn shall be bound to serve our said lord as well in +time of peace as of war in whatsoever parts it shall please our +said lord, well and fitly arrayed. And he shall be boarded as +well in time of peace as of war. And he shall take for his fees +by the year, as well in time of peace as of war, 133s. ten marks +sterling from the issues of the Duchy of Lancaster by the hands +of the receiver there who now is or shall be in time to come, at +the terms of Easter and Michaelmas by even portions yearly for +the whole of his life. And, moreover, our lord has granted to him +by the year in time of war 67s. five marks sterling by the hands +of the treasurer of war for the time being. And his year of war +shall begin the day when he shall move from his inn towards our +said lord by letters which shall be sent to him thereof, and +thenceforward he shall take wages coming and returning by +reasonable daily [payments] and he shall have fitting freightage +for him, his men, horses, and other harness within reason, and in +respect of his war horses taken and lost in the service of our +said lord, and also in respect to prisoners and other profits of +war taken or gained by him or any of his men, the said our lord +will do to him as to other squires of his rank." + +A navy was formed with over 200 ships selected by the English +admirals acting for the King at the ports. Men were seized and +pressed into service and criminals were pardoned from crimes to +become sailors in the fleet, which was led by the King's ship. +They used the superior longbow against the French sailor's +crossbow. In 1372, the Tower of London had four mounted fortress +cannon and Dover had six. + +The war's disruption of shipping caused trade to decline. But the +better policing of the narrow seas made piracy almost disappear. + +In 1363, Calais, a continental town held by the English, became +the staple town for lead, tin, cloth, and wool and was placed +under a group of London capitalists: the Merchants of the Staple. +All exports of these had to pass through Calais, where customs +tax was collected. + +Waterpower was replacing foot power in driving the mills where +cloth was cleaned and fulled [thickened]. + +Bethlehem Hospital was used from 1377 to house the mentally ill. + + +- The Law - + +After the Black Death of 1348 these statutes were enacted: + +High treason was defined by statute in 1352 as levying war +against the King, aiding the King's enemies, compassing or +imagining the death of the King, Queen, or their eldest son and +heir, or violating the Queen or the eldest unmarried daughter or +the wife of the King's eldest son and heir, making or knowingly +using counterfeits of the King's great or privy seal or coinage, +or slaying the Chancellor, Treasurer, or any justice in the +exercise of their duty. The penalty was forfeit of life and +lands. During the reign of King Richard II, who was later +disposed, high treason was extended to include making a riot and +rumor, compassing or purposing to depose the King, revoking one's +homage or liege to the King, and attempting to repeal a statute. +But these extensions were repealed after he was deposed. + +Petit treason was defined by statute and included a servant +slaying his master, a wife her husband, or a man his lord, to +whom was owed faith and obedience. + +No one shall tell false news or lies about prelates, dukes, +earls, barons, and other nobles and great men or the Chancellor, +Treasurer, a Justice, Clerk of the Privy Seal, Steward of the +King's house whereby debates and discords might arise between +these lords or between the lords and the commons. Cases shall be +tried by the King's Council, which included the Chancellor, +Treasurer, and chief justices. + +Preachers drawing crowds by ingenious sermons and inciting them +to riot shall be arrested by sheriffs and tried by the +ecclesiastical court. + +Any stranger passing at night of whom any have suspicion shall be +arrested and taken to the Sheriff. + +No man shall ride with a spear, upon pain of forfeiting it. + +No servant of agriculture or laborer shall carry any sword or +dagger, or forfeit it, except in time of war in defense of the +nation. He may carry bow and arrow [for practice] on Sundays and +holy days, when he should not play games such as tennis. +football, or dice. + +No one may enter another's land and tenements by strong hand nor +with a mob, upon pain of imprisonment and ransom at the King's +will. + +Charters, releases, obligations, [quit-claim deeds] and other +deeds burnt or destroyed in uprisings shall be reissued without +fee, after trial by the King and his council. Manumissions, +obligations, releases and other bonds and feoffments in land made +by force, coercion or duress during mob uprisings are void. + +Men who rape and women consenting after a rape shall lose their +inheritance and dower and joint feoffments. The husbands, or +father or next of kin of such women may sue the rapist by +inquisition, but not by battle. The penalty is loss of life and +member. + +The Statute of Laborers of 1351 required all workers, from +tailors to ploughmen, to work only at pre-plague wage rates and +forced the vagrant peasant to work for anyone who claimed him or +her. It also encouraged longer terms of employment as in the past +rather than for a day at a time. Statutory price controls on food +limited profits to reasonable ones according to the distance of +the supply. Later, wages were determined in each county by +Justices of the Peace according to the dearth of victuals while +allowing a victualler a reasonable profit and a penalty was +specified as paying the value of the excess wages given or +received for the first offense, double this for the second +offense, and treble this or forty days imprisonment for the third +offense. + +A fugitive laborer will be outlawed, and when found, shall be +burnt in the forehead with the letter "F" for falsity. + +Children who labored at the plough and cart or other agriculture +shall continue in that labor and may not go into a craft. + +A statute of 1363 designed to stop hoarding various types of +merchandise until a type became scarce so to sell it at high +prices, required merchants to deal in only one type of +merchandise. It also required craftsmen to work in only one craft +as before (except women who traditionally did several types of +handiwork). This was repealed a year later. + +Where scarcity has made the price of poultry high, it shall be +lowered to 8d. for a young capon, 7d. for an old capon or a +goose, 9d. for a hen, and 10d. for a pullet. + +The fares for passage on boats on fresh waters and from Dover to +the continent shall remain at their old rate. + +Any merchant selling at a fair after it has ended will forfeit to +the King twice the value of that sold. + +Anyone finding and proving cloth contrary to the assize of cloth +shall have one- +third of it for his labor. + +No shoemaker nor cordwainer shall tan their leather and no tanner +shall make shoes, in order that tanning not be false or poorly +done. + +The staple was reinstituted by statute of 1353 after an +experiment without it, in which profits of a staple went to +staples outside the nation. The rationale for the staple was to +facilitate inspection of quality and the levy of customs. Wool, +woolfells, leather, and lead sold for export had to go through +the staple town. The penalty was forfeiture of lands, tenements, +goods, and chattel. (The staple statute remained basically +unchanged for the next 200 years.) The mayor and constables of +the staple were elected annually by the native and foreign +merchants of the place. The mayor gave validity to contracts for +a set fee, by seal of his office. He and the constables had +jurisdiction over all persons and things touching the staple, +which was regulated by the Law Merchant in all matters of +contract, covenant, debt, and felonies against foreign merchants. +A Hue and Cry was required to be raised and followed for anyone +taking a cart of merchandise or slaying a merchant, denizen +[resident alien] or alien, or the town would answer for the +robbery and damage done. + +All denizen [foreigner permitted to reside in the realm with +certain rights and privileges] and alien merchants may buy and +sell goods and merchandise, in gross, in any part of the country, +despite town charters or franchises, to anyone except an enemy of +the King. They may also sell small wares: victuals, fur, silk, +cover chiefs, silver wire, and gold wire in retail, but not cloth +or wine. They must sell their goods within three months of +arrival. Any alien bringing goods to the nation to sell must buy +goods of the nation to the value of at least one-half that of his +merchandise sold. These merchants must engage in no collusion to +lower the price of merchandise bought, take merchandise bought to +the staple, and promise to hold no staple beyond the sea for the +same merchandise. An amendment disallowed denizens from taking +wools, leather, woolfells, or lead for export, but only +strangers. + +Towns failing to bring disturbers of this right to justice shall +forfeit their franchise to the King and pay double damages to the +merchant. The disturber shall be imprisoned for a year. + +Cloth may not be tacked nor folded for sale to merchants unless +they are opened to the buyers for inspection, for instance for +concealed inferior wool. Workers, weavers, and fullers shall put +their seals to every cloth. And anyone could bring his own wools, +woolfells, leather, and lead to the staple to sell without being +compelled to sell them in the country. Special streets or +warehouses were appointed with warehouse rent fixed by the mayor +and constables with four of the principal inhabitants. Customs +duties were regulated and machinery provided for their +collection. No one was to forestall or regrate, that is, buy at +one price and sell at a higher price in the same locale. +Forestallers were those who bought raw material on its way to +market. Regrators were those who tried to create a "corner" in +the article in the market itself. + +Anyone may ship or carry grain out of the nation, except to +enemies, after paying duties. But the council may restrain this +passage when necessary for the good of the nation. Any merchant, +privy or stranger, who was robbed of goods on the sea or lost his +ship by tempest or other misfortune on the sea banks, his goods +coming to shore could not be declared Wreck, but were to be +delivered to the merchant after he proves ownership in court by +his marks on the goods or by good and lawful merchants. + +All stakes and obstacles set up in rivers impeding the passage of +boats shall be removed. + +Imported cloth shall be inspected by the King's officials for +non-standard measurements or defects [despite town franchises]. + +No one shall leave the nation except at designated ports, on pain +of one year's imprisonment. + +English merchants may carry their merchandise in foreign ships if +there are no English ships available. + +Social distinctions by attire were mandated by statute of 1363. A +servant, his wife, son, or daughter, shall only wear cloth worth +no more than 27s. and shall not have more than one dish of meat +or fish a day. Carters, ploughmen, drivers of the plough, +oxherds, cowherds, shepherds, and all other people owning less +than 40s. of goods and chattels shall only wear blanket and +russet worth no more than 12d. and girdles of linen according to +their estate. Craftsmen and free peasants shall only wear cloth +worth no more than 40s. Esquires and gentlemen below the rank of +knight with no land nor rent over 2,000s. a year shall only wear +cloth worth no more than 60s., no gold, silver, stone, fur, or +the color purple. Esquires with land up to 2,667s. per year may +wear 67s. cloth, cloth of silk and silver, miniver [grey] fur and +stones, except head stones. Merchants, citizens, burgesses, +artificers, and people of handicraft having goods and chattels +worth 10,000s. shall wear cloth the same value as that worn by +esquires and gentlemen with land or rent within 2,000s. per year. +The same merchants and burgesses with goods and chattels worth +13,333s. and esquires and gentlemen with land or rent within +400s. per year may not wear gold cloth, miniver fur, ermine +[white] fur, or embroidered stones. A knight with land or rents +within 2,667s. yearly are limited to cloth of 80s., but his wife +may wear a stone on her head. Knights and ladies with land or +rents within 8,000s. to 20,000s. yearly may not wear fur of +ermine or of letuse, but may wear gold, and such ladies may wear +pearls as well as stones on their heads. The penalty is +forfeiture of such apparel. This statute is necessary because of +"outrageous and excessive apparel of diverse persons against +their estate and degree, to the great destruction and +impoverishment of all the land". + +If anyone finds a hawk [used to hunt birds, ducks, and pheasant] +that a lord has lost, he must take it to the sheriff for keeping +for the lord to claim. If there is no claim after four months, +the finder may have it only if he is a gentleman. If one steals a +hawk from a lord or conceals from him the fact that it has been +found, he shall pay the price of the hawk and be imprisoned for +two years. + +No laborer or any other man who does not have lands and tenements +of the value of 40s. per year shall keep a greyhound [or other +hound or dog] to hunt, nor shall they use nets or cords or other +devices to take [deer, rabbits, conies, nor other gentlemen's +game], upon pain of one year imprisonment. + +No man shall eat more than two courses of meat or fish in his +house or elsewhere, except at festivals, when three are allowed +[because great men ate costly meats to excess and the lesser +people were thereby impoverished]. + +No one may export silver, whether bullion or coinage, or wine +except foreign merchants may carry back the portion of their +money not used to buy English commodities. The penalty for +bringing false or counterfeit money into the nation is loss of +life and member. An assigned searcher [inspector] for coinage of +the nation on the sea passing out of the nation or bad money in +the nation shall have one third of it. No foreign money may be +used in the nation. + +Each goldsmith shall have an identifying mark, which shall be +placed on his vessel or work only after inspection by the King's +surveyor. + +No one shall give anything to a beggar who is capable of working. + +Vagrants begging in London were banned by this 1359 ordinance: +"Forasmuch as many men and women, and others, of divers counties, +who might work, to the help of the common people, have betaken +themselves from out of their own country to the city of London +and do go about begging there so as to have their own ease and +repose, not wishing to labor or work for their sustenance, to the +great damage of the common people; and also do waste divers alms +which would otherwise be given to many poor folks, such as +lepers, blind, halt, and persons oppressed with old age and +divers other maladies, to the destruction of the support of the +same - we do command on behalf of our lord the King, whom may God +preserve and bless, that all those who go about begging in the +said city and who are able to labor and work for the profit of +the common people shall quit the said city between now and Monday +next ensuing. And if any such shall be found begging after the +day aforesaid, the same shall be taken and put in the stocks on +Cornhill for half a day the first time, and the second time he +shall remain in the stocks one whole day, and the third time he +shall be taken and shall remain in prison for forty days and +shall then forswear the said city forever. And every constable +and the beadle of every ward of the said city shall be empowered +to arrest such manner of folks and to put them in the stocks in +manner aforesaid." + +The hundred year cry to "let the King live on his own" found +fruition in a 1352 statute requiring consent of the Parliament +before any commission of array for militia could be taken and a +1362 statute requiring purchases of goods and means of conveyance +for the King and his household to be made only by agreement with +the seller and with payment to him before the King traveled on, +instead of at the low prices determined unilaterally by the +King's purveyer. + +Every man who has wood within the forest may take houseboot and +heyboot in his wood without being arrested so long as it take +such within the view of the foresters. + +English was made the official language of the courts, replacing +French and Latin, and schools in 1362 and of Parliament, +replacing Anglo-Norman, in 1363. + +No fecal matter, dung, garbage, or entrails of animals killed +shall be put into ditches or rivers or other waters, so that +maladies and diseases will not be caused by corrupted and +infected air. The penalty is 400s. to the King after trial by the +Chancellor. + +Gifts or alienation of land to guilds, fraternities, or towns are +forbidden. Instead, it escheats to its lord, or in his default, +to the King. + +No man will be charged to go out of his shire to do military +service except in case of an enemy invasion of the nation. Men +who chose to go into the King's service outside the nation shall +be paid wages by the King until their return. + +Admiralty law came into being when ancient naval manners and +customs were written down as the "Black Book of the Admiralty". +This included the organization of the fleet under the Admiral, +sea-maneuver rules such as not laying anchor until the Admiral's +ship had, engagement rules, and the distribution of captured +goods: one-fourth to the vessel owner, one-fourth to the King if +the seamen were paid by the King's wages, and the rest divided +among the crew and Admiral. Stealing a boat or an anchor holding +a boat was punishable by hanging. Stealing an oar or an anchor +was punishable by forty days imprisonment for the first offense, +six months imprisonment for the second, and hanging for the +third. Desertion was punishable by loss of double the amount of +wages earned and imprisonment for one year. Cases were tried by +jury in the Admiral's court. + +Wines, vinegar, oil and honey imported shall be gauged by the +King's appointees. + +A man may not hire another man to fight in his place in a +quarrel, except one living in his household or his esquire. + + +- Judicial Procedure - + +The office of Justice of the Peace was developed and filled by +knights, esquires and gentlemen who were closely associated with +the magnates. There was no salary nor any requirement of +knowledge of the law. They were to pursue, restrain, arrest, +imprison, try, and duly punish felons, trespassers, and rioters +according to the law. They were expected to arrest vagrants who +would not work and imprison them until sureties for good behavior +was found for them. They also were empowered to inspect weights +and measures and enforce the new law against hiring another to +fight one's quarrel. Trespass included forcible offenses of +breaking of a fence enclosing private property, assault and +battery, false imprisonment, and taking away goods and chattels. + +Private suits for murder or personal injury were falling into +disuse and being replaced by the action of trespass. + +Pardons may be given only for slaying another in one's own +defense or by misfortune [accident], and not for slaying by lying +in wait, assault, or malice aforethought. + +Justices of Assize, sheriffs, and Justices of the Peace and +mayors shall have power to inquire of all vagabonds and compel +them to find surety of their good bearing or be imprisoned. + +Treason was tried in Parliament, by bill of "attainder". It was +often used for political purposes. Most attaints were reversed as +a term of peace made between factions. + +A reversioner shall be received in court to defend his right when +a tenant for a term of life, tenant in dower, or by the Law of +England, or in Tail after Possibility of Issue extinct are sued +in court for the land, so as to prevent collusion by the +demandants. + +A person in debt may not avoid his creditors by giving his +tenements or chattels to his friends in collusion to have the +profits at their will. + +Where there was a garnishment given touching a plea of land, a +writ of deceit is also maintainable. + +Actions of debt will be heard only in the county where the +contract was made. The action of debt includes enforcement of +contracts executed or under seal, e.g. rent due on a lease, hire +of an archer, contract of sale or repair of an item. Thus there +is a growing connection between the actions of debt and contract. + +Executors have an action for trespass to their testators' goods +and chattels in like manner as did the testator when alive. + +If a man dies intestate, his goods shall be administered by his +next and most lawful friends appointed. Such administrators shall +have the same powers and duties as executors and be accountable +as are executors to the ecclesiastical court. + +Children born to English parents in parts beyond the sea may +inherit from their ancestors in the same manner as those born in +the nation. + +A person grieved by a false oath in a town court proceeding may +appeal to the King's Bench or Common Pleas, regardless of any +town franchise. + +The Court of the King's Bench worked independently of the King. +It became confined to the established common law. The King +proclaimed that petitions for remedies that the common law didn't +cover be addressed to the Chancellor, who was not bound by +established law, but could do equity. With the backing of the +council, he made decisions implementing the policy of the Statute +of Laborers. Most of these concerned occupational competency, for +instance negligent activity of carriers, builders, shepherds, +doctors, clothworkers, smiths, innkeepers, and jailers. For +instance, the common law action of detinue could force return of +cloth bailed for fulling or sheep bailed for pasturing, but could +not address damages due to faulty work. The Chancellor addressed +issues of loss of wool, dead lambs, and damaged sheep, as well as +dead sheep. He imposed a legal duty on innkeepers to prevent +injury or damage to a patron or his goods from third parties. A +dog bite or other damage by a dog known by its owner to be +vicious was made a more serious offense than general damage by +any dog. A person starting a fire was given a duty to prevent the +fire from damaging property of others. These new forms of action +came to be known as assumpsit, which provided damages for breach +of an oral agreement and a written agreement without a seal, or +trespass on the case, which did not require the element of force +of the trespass offense. + +Decisions of the common law courts are appealable to Parliament, +which can change the common law by statute. + +No attorney may practice law and also be a justice of assize. + +Champerty [an outsider supporting or maintaining litigation in +which there is an agreement for him to share in the award] is +forbidden because court officials have +maintained and defended a party which has resulted in another +party being cheated out of his land. + +Whereas it is contained in the Magna Carta that none shall be +imprisoned nor put out of his freehold, nor of his franchises nor +free custom, unless it be by the law of the land; it is +established that from henceforth none shall be taken by petition +or suggestion made to the King unless by indictment of good and +lawful people of the same neighborhood where such deeds be done, +in due manner, or by process made by writ original at the common +law; nor that none be out of his franchise, nor of his freeholds, +unless he be duly brought into answer and forejudges of the same +by the course of law. (forerunner of indictment grand juries and +trial juries for criminal cases) + +There were so many cases that were similar to, but not in +technical conformity with, the requirements of the common law +for a remedy by the reign of Edward III, that litigants were +flowing into the Chancery, which had the power to give swift and +equitable relief. + +The King will fine instead of seize the land of his tenants who +sell or alienate their land, such fine to be determined by the +Chancellor by due process. + +The King's coroner and a murderer who had taken sanctuary in a +church often agreed to the penalty of confession and perpetual +banishment from the nation as follows: "Memorandum that on July +6, [1347], Henry de Roseye abjured the realm of England before +John Bernard, the King's coroner, at the church of Tendale in the +County of Kent in form following: 'Hear this, O lord the coroner, +that I, Henry de Roseye, have stolen an ox and a cow of the widow +of John Welsshe of Retherfeld; and I have stolen eighteen beasts +from divers men in the said county. And I acknowledge that I have +feloniously killed Roger le Swan in the town of Strete in the +hundred of Strete in the rape of Lewes and that I am a felon of +the lord King of England. And because I have committed many ill +deeds and thefts in his land, I abjure the land of the Lord +Edward King of England, and [I acknowledge] that I ought to +hasten to the port of Hastings, which thou hast given me, and +that I ought not to depart from the way, and if I do so I am +willing to be taken as a thief and felon of the lord King, and +that at Hastings I will diligently seek passage, and that I will +not wait there save for the flood and one ebb if I can have +passage; and if I cannot have passage within that period, I will +go up to the knees into the sea every day, endeavoring to cross; +and unless I can do so within forty days, I will return at once +to the church, as a thief and a felon of the lord King, so help +me God." + +Property damage by a tenant of a London building was assessed in +a 1374 case: "John Parker, butcher, was summoned to answer +Clement Spray in a plea of trespass, wherein the latter +complained that the said John, who had hired a tavern at the +corner of St. Martin-le-Grand from him for fifteen months, had +committed waste and damage therein, although by the custom of the +city no tenant for a term of years was entitled to destroy any +portion of the buildings or fixtures let to him. He alleged that +the defendant had taken down the doorpost of the tavern and also +of the shop, the boarded door of a partition of the tavern, a +seat in the tavern, a plastered partition wall, the stone +flooring in the chamber, the hearth of the kitchen, and the +mantelpiece above it, a partition in the kitchen, two doors and +other partitions, of a total value of 21s. four pounds, 1s. 8d., +and to his damage, 400s. 20 pounds. The defendant denied the +trespass and put himself on the country. Afterwards a jury ... +found the defendant guilty of the aforesaid trespass to the +plaintiff's damage, 40d. Judgment was given for that amount and a +fine of 1s. to the King, which the defendant paid immediately in +court." + +The innkeeper's duty to safeguard the person and property of his +lodgers was applied in this case: + +"John Trentedeus of Southwark was summoned to answer William +Latymer touching a plea why, whereas according to the law and +custom of the realm of England, innkeepers who keep a common inn +are bound to keep safely by day and by night without reduction or +loss men who are passing through the parts where such inns are +and lodging their goods within those inns, so that, by default of +the innkeepers or their servants, no damage should in any way +happen to such their guests ... + +On Monday after the Feast of the Purification of the Virgin Mary +in the fourth year of the now King by default of the said John, +certain malefactors took and carried away two small portable +chests with 533s. and also with charters and writings, to wit two +writings obligatory, in the one of which is contained that a +certain Robert Bour is bound to the said William in 2,000s. and +in the other that a certain John Pusele is bound to the same +William in 800s. 40 pounds ... and with other muniments [writings +defending claims or rights] of the same William, to wit his +return of all the writs of the lord King for the counties of +Somerset and Dorset, whereof the same William was then sheriff, +for the morrow of the Purification of the Blessed Mary the Virgin +in the year aforesaid, as well before the same lord the King in +his Chancery and in his Bench as before the justices of the +King's Common Bench and his barons of his Exchequer, returnable +at Westminster on the said morrow, and likewise the rolls of the +court of Cranestock for all the courts held there from the first +year of the reign of the said lord the King until the said +Monday, contained in the same chests being lodged within the inn +of the same John at Southwark + +And the said John ... says that on the said Monday about the +second hour after noon the said William entered his inn to be +lodged there, and at once when he entered, the same John assigned +to the said William a certain chamber being in that inn, fitting +for his rank, with a door and a lock affixed to the same door +with sufficient nails, so that he should lie there and put and +keep his things there, and delivered to the said William the key +to the door of the said chamber, which chamber the said William +accepted... + +William says that ... when the said John had delivered to him the +said chamber and key as above, the same William, being occupied +about divers businesses to be done in the city of London, went +out from the said inn into the city to expedite the said +businesses and handed over the key of the door to a certain +servant of the said William to take care of in meantime, ordering +the servant to remain in the inn meanwhile and to take care of +his horses there; and afterwards, when night was falling, the +same William being in the city and the key still in the keeping +of the said servant, the wife of the said John called unto her +into her hall the said servant who had the key, giving him food +and drink with a merry countenance and asking him divers +questions and occupying him thus for a long time, until the +staple of the lock of the door aforesaid was thrust on one side +out of its right place and the door of the chamber was thereby +opened and his goods, being in the inn of the said John, were +taken and carried off by the said malefactors ... The said John +says ...[that his wife did not call the servant into the hall, +but that] when the said servant came into the said hall and asked +his wife for bread and ale and other necessaries to be brought to +the said chamber of his master, his wife immediately and without +delay delivered to the same servant the things for which he asked +... protesting that no goods of the same William in the said inn +were carried away by the said John his servant or any strange +malefactors other than the persons of the household of the said +William." + +On the Coram Rege Roll of 1395 is a case on the issue of whether +a court-crier can be seized by officers of a staple: + +"Edmund Hikelyng, 'criour', sues William Baddele and wife Maud, +John Olney, and William Knyghtbrugge for assault and imprisonment +at Westminster, attacking him with a stick and imprisoning him +for one hour on Wednesday before St. Martin, 19 Richard II. + +Baddele says Mark Faire of Winchester was prosecuting a bill of +debt for 18s. against Edmund and John More before William +Brampton, mayor of the staple of Westminster, and Thomas Alby and +William Askham, constables of the said staple, and on that day +the Mayor and the constables issued a writ of capias against +Edmund and John to answer Mark and be before the Mayor and the +constables at the next court. This writ was delivered to Baddele +as sergeant of the staple, and by virtue of it he took and +imprisoned Edmund in the staple. Maud and the others say they +aided Baddele by virtue of the said writ. + +Edmund does not acknowledge Baddele to be sergeant of the staple +or Mark a merchant of the staple or that he was taken in the +staple. He is minister of the King's Court of his Bench and is +crier under Thomas Thorne, the chief crier, his master. Every +servant of the court is under special protection while doing his +duty or on his way to do it. On the day in question, he was at +Westminster carrying his master's staff of office before Hugh +Huls, one of the King's justices, and William took him in the +presence of the said justice and imprisoned him. + +The case is adjourned for consideration from Hilary to Easter." + + + +Chapter 10 + +- The Times: 1399-1485 - + +This period, which begins with the reign of the usurper King, +Henry IV, is dominated by war: the last half of the 100 year war +with France, which, with the help of Joan of Arc, took all +English land on the continent except the port of Calais, and the +War of the Roses in England. The barons and earls returned from +France with their private fighting units. Nobles employed men who +had returned from fighting to use their fighting skill in local +defense. All the great houses kept bands of armed retainers. +These retainers were given land or pay or both as well as +liveries [uniforms or badges] bearing the family crest. They came +to fight for the cause of one of the two royal family lines +competing for the throne. In the system of "livery and +maintenance", if the retainer was harassed by the law or by +enemies, the lord gave him protection [maintenance]. + +In both wars, the musket was used as well as the long-bow. Cannon +were used to besiege castles and destroy their walls, so many +castles were allowed to deteriorate. + +Barons and earls settled their disputes in the field rather than +in the royal courts. And men relied increasingly on the +protection of the great men of their neighborhood and less on +the King's courts for the safety of their lives and land. Local +men involved in court functions usually owed allegiance to a lord +which compromised the exercise of justice. Men serving in an +assize often lied to please their lord instead of telling the +truth. Lords maintained, supported, or promoted litigation with +money or aid supplied to one party to the detriment of justice. +It was not unusual for lords to attend court with a great force +of retainers behind them. Royal justices were flouted or bribed. +The King's writ was denied or perverted. For 6-8s., a lord could +have the King instruct his sheriff to impanel a jury which would +find in his favor. A statute against riots, forcible entries, +and, excepting the King, magnates' liveries of uniform, food, and +badges to their retainers, except in war outside the nation, was +passed, but was difficult to enforce because the offenders were +lords, who dominated the Parliament and the council. + +Since the power of the throne changed from one faction to +another, many bills of attainder caused lords to lose their lands +to the King. Fighting between lords and gangs of ruffians holding +the roads, breaking into and seizing manor houses, and openly +committing murders continued. The roads were not safe. People +turned to mysticism to escape from the everyday violent world. +They had no religious enthusiasm, but believed in magic and +sorcery. + +With men so often gone to fight, their wives managed the +household alone. The typical wife had maidens of equal class to +whom she taught household management, spinning, weaving, carding +wool with iron wool-combs, heckling flax, embroidery, and making +garments. There were foot-treadles for spinning wheels. She +taught the children. Each day she scheduled the activities of the +household including music, conversation, dancing, chess, reading, +playing ball, and gathering flowers. She organized picnics, rode +horseback and went hunting, hawking to get birds, and +rabbit-ferreting. She was nurse to all around her. If her husband +died, she usually continued in this role because most men named +their wives as executors of their wills with full power to act as +she thought best. + +For ladies, close-fitting jackets came to be worn over +close-fitting long gowns with low, square-cut necklines and +flowing sleeves, under which was worn a girdle. All her hair was +confined by a hair net. Headdresses were very elaborate and +heavy, trailing streamers of linen. Some were in the shape of +hearts, butterflies, crescents, or long cones. Men also were +wearing hats rather than hoods. They wore huge hats of velvet, +fur, or leather. Hair was short and later shoulder-length. They +wore doublets with thick padding over the shoulders or short +tunics over the trucks of their bodies. Their sleeves were long +concoctions of velvet, damask, and satin, sometimes worn wrapped +around their arms in layers. Their legs were covered with hose, +often in different colors. Shoes were pointed with upward pikes +at the toes. At another time, shoes were broad with blunt toes. +Both men and women wore much jewelry and ornamentation. Cooking +and the serving of meals was also elaborate. There were many +courses of a variety of meats, fish, stews, and soups, with a +variety of spices. The standard number of meals was three: +breakfast, dinner, and supper. The diet of an ordinary family +such as that of a small shopholder or yeoman farmer included +beef, mutton, pork, a variety of fish, both fresh and salted, +venison, nuts, peas, oatmeal, honey, grapes, apples, pears, and +fresh vegetables. Cattle and sheep were driven from Wales to +English markets. This droving lasted for five centuries. + +Many types of people besides the nobility and knights now had +property and thus were considered gentry: female lines of the +nobility, merchants and their sons, lawyers, auditors, squires, +and peasant-yeomen. The burgess grew rich as the knight dropped +lower. The great merchants lived in mansions which could occupy +whole blocks. Typically, there would be an oak-paneled great +hall, with adjoining kitchen, pantry, and buttery on one end and +a great parlor to receive guests, bedrooms, wardrobes, servants' +rooms, and a chapel on the other end or on a second floor. The +beds were surrounded by heavy draperies to keep out cold drafts. +Master and servants ceased to eat together in the same hall. In +towns these mansions were entered through a gate through a row of +shops on the street. A lesser dwelling would have these rooms on +three floors over a shop on the first floor. An average Londoner +would have a shop, a storeroom, a hall, a kitchen, and a buttery +on the first floor, and three bedrooms on the second floor. +Artisans and shopkeepers of more modest means lived in rows of +dwellings, each with a shop and small storage room on the first +floor, and a combination parlor-bedroom on the second floor. The +humblest residents crowded their shop and family into one 6 by 10 +foot room for rent of a few shillings a year. All except the last +would also have a small garden. The best gardens had a fruit +tree, herbs, flowers, a well, and a privy. There were common and +public privies for those without their own. Kitchen slops and +casual refuse continued to be thrown into the street. Floors of +stone or planks were strewn with rushes. There was some tile +flooring. Most dwellings had glass windows. Candles were used for +lighting at night. Torches and oil-burning lanterns were portable +lights. Furnishings were still sparse. Men sat on benches or +joint stools and women sat on cushions on the floor. Hall and +parlor had a table and benches and perhaps one chair. Bedrooms +had a curtained bed and a chest. On the feather bed were pillows, +blankets, and sheets. Better homes had wall hanging and cupboards +displaying plate. Laundresses washed clothes in the streams, +rivers, and public conduits. Country peasants still lived in +wood, straw, and mud huts with earth floors and a smoky hearth in +the center or a kitchen area under the eaves of the hut. + +In 1442, bricks began to be manufactured in the nation and so +there was more use of bricks in buildings. Chimneys were +introduced into manor houses where stone had been too expensive. +This was necessary if a second floor was added, so the smoke +would not damage the floor above it and would eventually go out +of the house. + +Nobles and their retinue moved from manor to manor, as they had +for centuries, to keep watch upon their lands and to consume the +produce thereof; it was easier to bring the household to the +estate than to transport the yield of the estate to the +household. Also, at regular intervals sewage had to be removed +from the cellar pits. + +Jousting tournaments were held for entertainment purposes only +and were followed by banquets of several courses of food served +on dishes of gold, silver, pewter, or wood on a linen cloth +covering the table. Hands were washed before and after the meal. +People washed their faces every morning after getting up. Teeth +were cleaned with powders. Fragrant leaves were chewed for bad +breath. Garlic was used for indigestion and other ailments. Feet +were rubbed with salt and vinegar to remove calluses. Good +manners included not slumping against a post, fidgeting, sticking +one's finger into one's nose, putting one's hands into one's hose +to scratch the privy parts, spitting over the table or too far, +licking one's plate, picking one's teeth, breathing stinking +breath into the face of the lord, blowing on one's food, stuffing +masses of bread into one's mouth, scratching one's head, +loosening one's girdle to belch, and probing one's teeth with a +knife. + +Fishing and hunting were reserved for the nobility rather than +just the King. + +As many lords became less wealthy because of the cost of war, +some peasants, villein and free, became prosperous, especially +those who also worked at a craft, e.g. butchers, bakers, smiths, +shoemakers, tailors, carpenters, and clothworkers. + +An agricultural slump caused poorer soils to fall back into +waste. The better soils were leased by peasants, who, with their +families, were in a better position to farm it than a great lord, +who found it hard to hire laborers at a reasonable cost. Further, +peasants' sheep, hens, pigs, ducks, goats, cattle, bees, and crop +made them almost self-sufficient in foodstuffs. They lived in a +huddle of cottages and pastured their animals on common meadows. +They subsisted mainly on boiled bacon, an occasional chicken, +worts and beans grown in the cottage garden, and cereals. They +wore fine wool cloth in all their apparel. Brimless hats were +replacing hoods. They had an abundance of bed coverings in their +houses. And they had more free time. Village entertainment +included traveling jesters, acrobats, musicians, and bear-baiter. +Playing games and gambling were popular pastimes. + +Most villeins were now being called "customary tenants" or +"copy-holders" of land because they held their acres by a copy of +the court-roll of the manor, which listed the number of teams, +the fines, the reliefs, and the services due to the lord for each +landholder. The Chancery court interpreted many of these +documents to include rights of inheritance. The common law courts +followed the lead of the Chancery and held that copyhold land +could be inherited as was land at common law. Evictions by lords +decreased. + +The difference between villein and free man lessened but +landlords usually still had +profits of villein bondage, such as heriot, merchet, and chevage. + +A class of laborers was arising who depended entirely on the +wages of industry for their subsistence. The cloth workers in +rural areas were isolated and weak and often at the mercy of +middle-men for employment and the amount of their wages. + +Rural laborers went to towns to seek employment in the new +industries. They would work at first for any rate. This deepened +the cleavage of the classes in the towns. + +The townspeople did not take part in the fighting of the War of +the Roses. Many boroughs sought and obtained formal incorporation +with perpetual existence, the right to sue and be sued in their +own name. Often, a borough would have its own resident Justice of +the Peace. Each incorporation involved a review by a Justice of +the Peace to make sure the charter of incorporation rule didn't +conflict with the law of the nation. Henry IV granted the first +charter of incorporation. A borough typically had a mayor +accompanied by his personal sword-bearer and serjeants-at-mace +bearing the borough regalia, bailiffs, a sheriff, and +chamberlains or a steward for financial assistance. At many +boroughs, aldermen, assisted by their constables, kept the peace +in their separate wards. There might be coroners, a recorder, and +a town clerk, with a host of lesser officials including beadles, +aletasters, sealers, searchers [inspectors], weighers and keepers +of the market, ferrymen and porters, clock-keepers and criers, +paviours [road pavers], scavengers and other street cleaners, +gatekeepers and watchmen of several ranks and kinds. A wealthy +borough would have a chaplain and two or three minstrels. + +In all towns, the wealthiest and most influential guilds were the +merchant traders of mercers, drapers, grocers, and goldsmiths. +From their ranks came most of the mayors. Next came the +shopholders of skinners, tailors, ironmongers, and corvisors +[shoemakers]. Thirdly came the humbler artisans, the sellers of +victuals, small shopkeepers, apprentices, and journeymen on the +rise. Lastly came unskilled laborers, who lived in crowded +tenements and hired themselves out. The first three groups were +the free men who voted and paid the tax of scot and lot, and +belonged to guilds. + +In the towns, many married women had independent businesses and +wives also played an active part in the businesses of their +husbands. Wives of well-to-do London merchants embroidered, sewed +jewelry onto clothes, and made silk garments. Widows often +continued in their husband's businesses, such as managing a large +import-export trade, tailoring, brewing, and metal shop. Socially +lower women often ran their own breweries, bakeries, and taverns. +It was possible for wives to be free burgesses in their own right +in some towns. + +Some ladies were patrons of writers. Some women were active in +prison reform in matters of reviews to insure that no man was in +jail without due cause, overcharges for bed and board, brutality, +and regulation of prisoners being placed in irons. Many men and +women left money in their wills for food and clothing for +prisoners. + +There was much overlapping in the two forms of association: the +craft guild and the religious fraternity. + +Paved roads in towns were usually gravel and sometimes cobble. +They were frequently muddy because of rain and spillage of water +being carried. Iron-shod wheels and overloaded carts made them +very uneven. London was the first town with paviors. They were +organized as a city company in 1479. About 1482, towns besides +London began appointing salaried road paviors to repair roads and +collect their expenses from the householders because the policy +of placing the burden on individual householders didn't work +well. London streets were lighted at night by public lanterns, +under the direction of the mayor. + +The King granted London all common soils, improvements, wastes, +streets, and ways in London and in the adjacent waters of the +Thames River and all the profits and rents to be derived +therefrom. Later the King granted London the liberty to purchase +lands and tenements worth up to 2,667s. yearly. Each ward +nominated two men for alderman, the final choice being made by +the mayor and the other aldermen. + +There were many craft guilds. In fact, every trade of twenty men +had its own guild. The guild secured good work for its members +and the members maintained the reputation of the work standards +of the guild. Bad work was punished and night work prohibited as +leading to bad work. The guild exercised moral control over its +members and provided sickness and death benefits for them. +Apprentices were taken in to assure an adequate supply of +competent workers for the future. When these apprentices had +enough training they were made journeymen with a higher rate of +pay. Journeymen traveled to see the work of their craft in other +towns. Those journeymen rising to master had the highest pay +rate. + +But the guilds were being replaced by associations for the +investment of capital. In associations, journeymen were losing +their chance of rising to be a master. Competition among +associations was starting to supplant custom as the mainspring of +trade. + +The Merchant Adventurers was chartered in 1407. A share in the +ownership of one of their vessels was a common form of investment +by prosperous merchants. By 1450, they were dealing in linen +cloths, buckrams [a stiffened, coarse cloth], fustians [coarse +cloth made of cotton threads going in one direction and linen +threads the other], satins, jewels, fine woolen and linen wares, +threads, drugs, wood, oil, wine, salt, copper, and iron. They +began to replace trade by alien traders. (The history of the +"Merchant Adventurers" was associated with the growth of the +mercantile system for more than 300 years. It eventually replaced +the staples system.) + +In London, shopkeepers appealed to passers-by to buy their goods, +sometimes even seizing people by the sleeve. The drapers had +several roomy shops containing shelves piled with cloths of all +colors and grades, tapestries, pillows, and 'bankers and dorsers' +to soften hard wooden benches. A rear storeroom held more cloth +for import or export. Many shops of skinners were on Fur Row. +There were shops of leather-sellers, hosiers, gold and silver +cups, and silks. At the Stocks Market were fishmongers, butchers, +and poulterers. London grocers imported spices, canvas, ropery, +drugs, unguents, soap, confections, garlic, cabbages, onions, +apples, oranges, almonds, figs, dates, raisins, dye-stuffs, woad, +madder, scarlet grains, saffron, iron, and steel. They were +retailers as well as wholesalers and had shops selling honey, +licorice, salt, vinegar, rice, sugar loaves, syrups, spices, +garden seeds, dyes, alum, soap, brimstone, paper, varnish, +canvas, rope, musk, incense, treacle of Genoa, and mercury. The +Grocers did some money-lending, usually at 12% interest. The +guilds did not restrict themselves to dealing in the goods for +which they had a right of inspection, and so many dealt in wine +that it was a medium of exchange. + +Grocers sold herbs for medicinal as well as eating purposes. +Breadcarts sold penny wheat loaves. Foreigners set up stalls on +certain days of the week to sell meat, canvas, linen, cloth, +ironmongery, and lead. There were great houses, churches, +monasteries, inns, guildhalls, warehouses, and the King's Beam +for weighing wool to be exported. The Mercers and Goldsmiths were +in the prosperous part of town. The Goldsmiths' shops sold gold +and silver plate, jewels, rings, water pitchers, drinking +goblets, basins to hold water for the hands, and covered +saltcellars. The grain market was on Cornhill. Halfway up the +street, there was a supply of water which had been brought up in +pipes. On the top was a cage where riotous folk had been +incarcerated by the night watch and the stocks and pillory, where +fraudulent schemers were exposed to ridicule. + +Outside the London city walls were tenements, Smithfield cattle +market, Westminster Hall, green fields of crops, and some marsh +land. + +On the Thames River to London were large ships with cargoes; +small boats rowed by tough boatmen offering passage for a penny; +small private barges of great men with carved wood, gay banners, +and oarsmen with velvet gowns; the banks covered with masts and +tackle; the nineteen arch London Bridge supporting a street of +shops and houses and a drawbridge in the middle; quays; +warehouses, and great cranes lifting bales from ship to wharf. +Merchant guilds which imported or exported each had their own +wharves and warehouses. Downstream, pirates hung on gallows at +the low-water mark to remain until three tides had overflowed +their bodies. + +The large scale of London trade promoted the specialization of +the manufacturer versus the merchant versus the shipper. +Merchants had enough wealth to make loans to the government or +for new commercial enterprises. Some London merchants were +knighted by the King. Many bought country estates and turned +themselves into gentry. + +In schools, there was a renaissance of learning from original +sources of knowledge written in Greek and rebirth of the Greek +pursuit of the truth and scientific spirit of inquiry. There was +a striking increase in the number of schools founded by wealthy +merchants or town guilds. Merchants tended to send their sons to +private boarding schools, instead of having them tutored at home +as did the nobility. At the universities, the bachelor's degree +came into existence to denote a preliminary stage in the course +of becoming a master. + +The book "Sir Gawain and the Green Knight" was written about an +incident in the court of King Arthur and Queen Guenevere in which +a green knight challenges Arthur's knights to live up to their +reputation for valor and awesome deeds. The knight Gawain answers +the challenge, but is shown that he could be false and cowardly +when death seemed to be imminent. Thereafter, he wears a green +girdle around his waist to remind him not to be proud. + +Other literature read included "London Lickpenny", a satire on +London and its expensive services and products, "Fall of Princes" +by John Lydgate, social history by Thomas Hoccleve, "The King is +Quair"" by King James I of Scotland about how he fell in love, +"The Cuckoo and the Nightengale", and "The Flower and Leaf" on +morality as secular common sense. Chaucer, Cicero, and Ovid were +widely read. Malory's new version of the Arthurian stories was +popular. Margery Kempe wrote the first true autobiography. She +was a woman who had a normal married life with children, but one +day had visions and voices which led her to leave her husband to +take up a life of wandering and praying in holy possession. The +common people developed ballads, e.g. about their love of the +forest, their wish to hunt, and their hatred of the forest laws. + +About 30% of the people could read English. Books were bought in +London in such quantities by 1403 that the organization of +text-letter writers, book-binders, and book sellers was +sanctioned by ordinance. "Unto the honorable lords, and wise, the +mayor and aldermen of the city of London, pray very humbly all +the good folks, freemen of the said city, of the trades of +writers of text-letter, limners [illuminator of books], and other +folks of London who are wont to bind and to sell books, that it +may please your great sagenesses to grant unto them that they may +elect yearly two reputable men, the one a limner, the other a +text-writer, to be wardens of the said trades, and that the names +of the wardens so elected may be presented each year before the +mayor for the time being, and they be there sworn well and +diligently to oversee that good rule and governance is had and +exercised by all folks of the same trades in all works unto the +said trades pertaining, to the praise and good fame of the loyal +good men of the said trades and to the shame and blame of the bad +and disloyal men of the same. And that the same wardens may call +together all the men of the said trades honorably and peacefully +when need shall be, as well for the good rule and governance of +the said city as of the trades aforesaid. And that the same +wardens, in performing their due office, may present from time to +time all the defaults of the said bad and disloyal men to the +chamberlain at the Guildhall for the time being, to the end that +the same may there, according to the wise and prudent discretion +of the governors of the said city, be corrected, punished, and +duly redressed. And that all who are rebellious against the said +wardens as to the survey and good rule of the same trades may be +punished according to the general ordinance made as to rebellious +persons in trades of the said city [fines and imprisonment]. And +that it may please you to command that this petition, by your +sagenesses granted, may be entered of record for time to come, +for the love of God and as a work of charity." + +The printing press was brought to London in 1476 by a mercer: +William Caxton. It supplemented the text-writer and monastic +copyist. It was a wood and iron frame with a mounted platform on +which were placed small metal frames into which words with small +letters of lead had been set up. Each line of text had to be +carried from the type case to the press. Beside the press were +pots filled with ink and inking balls. When enough lines of type +to make a page had been assembled on the press, the balls would +be dipped in ink and drawn over the type. Then a sheet of paper +would be placed on the form and a lever pulled to press the paper +against the type. Linen usually replaced the more expensive +parchment for the book pages. + +The printing press made books more accessible to all literate +people. Caxton printed major English texts and some translations +from French and Latin. He commended different books to various +kinds of readers, for instance, for gentlemen who understand +gentleness and science, or for ladies and gentlewomen, or to all +good folk. There were eyeglasses to correct near-sightedness. + +Old-established London families began to choose the law as a +profession for their sons, in preference to an apprenticeship in +trade. Many borough burgesses in Parliament were lawyers. + +Many carols were sung at the Christian festival of Christmas. +Ballads were sung on many features of social life of this age of +disorder, hatred of sheriffs, but faith in the King. The legend +of Robin Hood was popular. Town miracle plays on leading +incidents of the Bible and morality plays were popular. Vintners +portrayed the miracle of Cana where water was turned into wine +and Goldsmiths ornately dressed the three Kings coming from the +east. Short pantomimes and disguising, forerunners of costume +parties, were good recreation. Games of cards became popular as +soon as cards were introduced. The king, queen, and jack were +dressed in contemporary clothes. Men bowled, kicked footballs, +and played tennis. May Day was celebrated with crowns and +garlands of spring flowers. The village May Day pageant was often +presided over by Robin Hood and Maid Marion. + +The church was engendering more disrespect. Monks and nuns had +long ago resigned spiritual leadership to the friars; now the +friars too lost much of their good fame. The monks got used to +life with many servants such as cooks, butlers, bakers, brewers, +barbers, laundresses, tailors, carpenters, and farm hands. The +austerity of their diet had vanished. The schedule of divine +services was no longer followed by many and the fostering of +learning was abandoned. Into monasteries drifted the lazy and +miserable. Nunneries had become aristocratic boarding houses. The +practice of taking sanctuary was abused; criminals and debtors +sought it and were allowed to overstay the 40-day restriction and +to leave at night to commit robberies. People turned to the +writing of mystics, such as "Scale of Perfection" and "Cloud of +Unknowing", the latter describing how one may better know God. + +People relied on saint's days as reference points in the year, +because they did not know dates of the year. But townspeople knew +the hour and minute of each day, because mechanical clocks were +in all towns and in the halls of the well-to-do. This increased +the sense of punctuality and higher standards of efficiency. + +Important news was announced and spread by word of mouth in +market squares and sometimes in churches. As usual, traders +provided one of the best sources of news; they maintained an +informal network of speedy messengers and accurate reports +because political changes so affected their ventures. + +A royal post service was established by relays of mounted +messengers. The first route was between London and the Scottish +border, where there were frequent battles for land between the +Scotch and English. + +The inland roads from town to town were still rough and without +signs. A horseman could make up to 40 miles a day. Common +carriers took passengers and parcels from various towns to London +on scheduled journeys. Now the common yeoman could order goods +from the London market, communicate readily with friends in +London, and receive news of the world frequently. Trade with +London was so great and the common carrier so efficient in +transporting goods that the medieval fair began to decline. First +the Grocers and then the Mercers refused to allow their members +to sell goods at fairs. There was much highway robbery. Most +goods were still transported by boats along the coasts, with +trading at the ports. + +Embroidery was exported. Imported were timber, pitch, tar, potash +[for cloth-dying], furs, silk, satin, gold cloth, damask cloth, +furred gowns, gems, fruit, spices, and sugar. Imports were +restricted by national policy for the purpose of protecting +native industries. + +Single-masted ships began to be replaced by a two or three masted +ship with high pointed bows to resist waves and sails enabling +the ship to sail closer to the wind. The increase in trade made +piracy, even by merchants, profitable and frequent until merchant +vessels began sailing in groups for their mutual protection. The +astrolabe was used for navigation by the stars. + +Consuls were appointed to assist English traders abroad. + +Henry IV appointed the first admiral of the entire nation and +resolved to create a national fleet of warships instead of using +merchant ships. In 1417, the war navy had 27 ships. In 1421, +Portsmouth was fortified as a naval base. + +For defense of the nation, especially the safeguard of the seas, +Parliament allotted the King for life, 3s. for every tun of wine +imported and an additional 3s. for every tun of sweet wine +imported. + +The most common ailments were eye problems, aching teeth, +festering ears, joint swelling and sudden paralysis of the +bowels. Epidemics broke out occasionally in the towns in the +summers. Leprosy disappeared. + +Hospitals were supported by a tax of the King levied on nearby +counties. The walls, ditches, gutters, sewers, and bridges on +waterways and the coast were kept in repair by laborers hired by +commissions appointed by the Chancellor. Those who benefited from +these waterways were taxed for the repairs in proportion to their +use thereof. + +Alabaster was sculptured into tombs surmounted with a recumbent +effigy of the deceased, and effigies of mourners on the sides. +Few townsmen choose to face death alone and planned memorial +masses to be sung to lift his soul beyond Purgatory. Chantries +were built by wealthy men for this purpose. + +Gold was minted into coins: noble, half noble, and farthing. + +The commons gained much power in Parliament under Henry IV +because he needed so much taxes that the commons had a hold over +him. Also, as a usurper King, he did not carry the natural +authority of a King. The lords who helped his usurpation felt +they should share the natural power of the kingship. Also, the +commons gained power compared to the nobility because many nobles +had died in war. Shakespeare's histories deal with this era. The +Commons now has a speaker. + +The Commons established an exclusive right to originate all money +grants to the King in 1407. The commons announced its money grant +only on the last day of the parliamentary session, after the +answers to its petitions had been declared. It tied its grants by +rule rather than just practice to certain appropriations. For +instance, tonnage and poundage were appropriated for naval +defenses. Wool customs went to the maintenance of Calais, a port +on the continent, and defense of the nation. It also put the +petitions in statutory form, called "bills", to be enacted +without alteration. It forced the King's council appointees to be +approved by Parliament, and auditors to be appointed to audit the +King's account to ensure past grants had been spent according to +their purpose. + +This was the first encroachment on the King's right to summon, +prorogue, or dismiss a Parliament at his pleasure, determine an +agenda of Parliament, veto or amend its bills, exercise his +discretion as to which lords he summoned to Parliament, and +create new peers by letters patent [official public letters]. + +The King lost Parliamentary power. The magnates asserted that +their attendance at one Parliament established a hereditary right +to attend the others. The consent of the Commons to legislation +became so usual that the judges declared that it was necessary. +In 1426, the retainers of the barons in Parliament were forbidden +to bear arms, so they appeared with clubs on their shoulders. The +clubs were forbidden and they brought in stones concealed in +their clothing. + +The authority of the King's privy seal had become a great office +of state which transmitted the King's wishes to the Chancery and +Exchequer, rather than the King's personal instrument for sealing +documents. Now the King used a signet kept by his secretary as +his personal seal. The position of secretary rose in power under +Edward IV. + +King Edward IV introduced an elaborate spy system, the use of the +rack to torture people to confess, and other interferences with +justice, all of which the Tudors later used. + +King Richard III prohibited the seizure of goods before +conviction of felony. He also liberated the unfree villeins on +royal estates. + +It was declared under Parliamentary authority that there was a +preference for the Crown to pass to a King's eldest son, and to +his male issue after him. Formerly, a man could ascend to the +throne through his female ancestry as well. + +- The Law - + +The forcible entry statute is expanded to include peaceful entry +with forcible holding afterwards and to forcible holding with +departure before the justices arrived. Penalties are triple +damages, fine, and ransom to the King. A forceful possession +lasting three years is exempt. + +Women of age fourteen or over shall have livery of their lands +and tenements by inheritance without question or difficulty. + +Purposely cutting out another's tongue or putting out another's +eyes is a felony [penalty of loss of all property]. + +No one may keep swans unless he has lands and tenements of the +estate of freehold to a yearly value of 67s., because swans of +the King, lords, knights, and esquires have been stolen by yeomen +and husbandmen. + +The wage ceiling for servants is: bailiff of agriculture 23s.4d. +per year, and clothing up to 5s., with meat and drink; chief +peasant, a carter, chief shepherd 20s. and clothing up to 4s., +with meat and drink; common servant of agriculture 15s., and +clothing up to 3s.4d.; woman servant 10s., and clothing up to +4s., with meat and drink; infant under fourteen years 6s., and +clothing up to 3s., with meat and drink. Such as deserve less or +where there is a custom of less, that lesser amount shall be +given. + +For laborers at harvest time: mower 4d. with meat and drink or +6d. without; reaper or carter: 3d. with or 5d. without; woman +laborer and other laborers: 2d with and 4d. without. + +The ceiling wage rate for craftsmen per day is: free mason or +master carpenter 4d. with meat & drink or 5d. without; master +tiler or slater, rough mason, and mesne carpenter and other +artificiers in building 3d. with meat and drink or 4d. without; +every other laborer 2d. with meat and drink or 3d. without. In +winter the respective wages were less: mason category: 3d. with +or 4d. without; master tiler category: 2d. with or 4d. without; +others: 1d. with or 3d. without meat and drink. + +Any servant of agriculture who is serving a term with a master +and covenants to serve another man at the end of this term and +that other man shall notify the master by the middle of his term +so he can get a replacement worker. Otherwise, the servant shall +continue to serve the first master. + +No man or woman may put their son or daughter to serve as an +apprentice in a craft within any borough, but may send the child +to school, unless he or she has land or rent to the value of 20s. +per year. [because of scarcity of laborers and other servants of +agriculture] + +No laborer may be hired by the week. + +Masons may no longer congregate yearly, because it has led to +violation of the statute of laborers. + +No games may be played by laborers because they lead to murders +and robberies. + +Apparel worn must be appropriate to one's status to preserve the +industry of agriculture. The following list of classes shows the +lowest class, which could wear certain apparel: + +1. Lords - gold cloth, gold corses, sable fur, purple silk + +2. Knights - velvet, branched satin, ermine fur + +3. Esquires and gentlemen with possessions to the value of 800 +s. per year, daughters of a person who has possessions to the +value of 2,000s. a year - damask, silk, kerchiefs up to 5s. in +value. + +4. Esquires and gentlemen with possessions to the yearly value +of 800s. 40 pounds - fur of martron or letuse, gold or silver +girdles, silk corse not made in the nation, kerchief up to 3s.4d +in value + +5. Men with possessions of the yearly value of 40s. excluding +the above three classes - fustian, bustian, scarlet cloth in +grain + +6. Men with possessions under the yearly value of 40s. excluding +the first three classes - black or white lamb fur, stuffing of +wool, cotton, or cadas. + +7. Yeomen - cloth up to the value of 2s., hose up to the value +of 14s., a girdle with silver, kerchief up to 12d. + +8. Servants of agriculture, laborer, servant, country craftsman +- none of the above clothes + +Gowns and jackets must cover the entire trunk of the body, +including the private parts. Shoes may not have pikes over two +inches. + +Every town shall have at its cost a common balance with weights +according to the standard of the Exchequer. All citizens may +weigh goods for free. All cloth to be sold shall be sealed +according to this measure. + +There is a standard bushel of grain throughout the nation. + +There are standard measures for plain tile, roof tile, and gutter +tile +throughout the nation. + +No gold or silver may be taken out of the nation. + +The price of silver is fixed at 30s. for a pound, to increase the +value of silver coinage, which has become scarce due to its +higher value when in plate or masse. + +A designee of the King will inspect and seal cloth with lead to +prevent deceit. Cloth may not be tacked together before +inspection. No cloth may be sold until sealed. + +Heads of arrows shall be hardened at the points with steel and +marked with the mark of the arrowsmith who made it, so they are +not faulty. + +Shoemakers and cordwainers may tan their leather, but all leather +must be inspected and marked by a town official before it is +sold. + +Cordwainers shall not tan leather [to prevent deceitful tanning]. +Tanners who make a notorious default in leather which is found by +a cordwainer shall make a forfeiture. + +Defective embroidery for sale shall be forfeited. + +No fishing net may be fastened or tacked to posts, boats, or +anchors, but may be used by hand, so that fish are preserved and +vessels may pass. + +No one may import any articles which could be made in the nation, +including silks, bows, woolen cloths, iron and hardware goods, +harness and saddlery, and excepting printed books. + +The following merchandise shall not be brought into the nation +already wrought: woolen cloth or caps, silk laces, corses, +ribbons, fringes, and embroidery, gold laces, saddles, stirrups, +harnesses, spurs, bridles, aundirons, gridirons, locks, hammers, +pinsons, fire tongs, dripping pans, dice, tennis balls, points, +purses, gloves, girdles, harness for girdles of iron latten steel +tin or of alkemine, any thing wrought of any tawed leather, towed +furs, buscans, shoes, galoshes, corks, knives, daggers, +woodknives, bodkins, sheers for tailors, scissors, razors, +sheaths, playing cards, pins, pattens, pack needles, painted +ware, forcers, caskets, rings of copper or of latten gilt, +chaffing dishes, hanging candlesticks, chaffing balls, sacring +bells, rings for curtains, ladles, scummers, counterfeit basons, +ewers, hats, brushes, cards for wool, white iron wire, upon pain +of their forfeiture. One half this forfeiture goes to the King +and the other half to the person seizing the wares. + +No sheep may be exported, because being shorn elsewhere would +deprive the King of customs. + +No wheat, rye, or barley may be imported unless the prices are +such that national agriculture is not hurt. + +Clothmakers must pay their laborers, such as carders and +spinsters, in current coin and not in pins and girdles and the +like. + +The term "freemen" in the Magna Carta includes women. + +The election of a knight from a shire to go to Parliament shall +be proclaimed by the sheriff in the full county so all may attend +and none shall be commanded to do something else at that time. +Election results will be sealed and sent to Parliament. + +To be elected to Parliament, a knight must reside in the county +and have free land or tenements to the value of 40s. per year, +because participation in elections of too many people of little +substance or worth had led to homicides, assaults, and feuds. +(These "yeomen" were about one sixth of the population. Most +former voters and every leaseholder and every copyholder were +excluded. The requirement lasted for 400 years.) + +London ordinances forbade placing rubbish or dung in the Thames +River or any town ditch or casting water or anything else out of +a window. The roads were maintained with tolls on carts and +horses bringing victuals or grains into the city and on +merchandise unloaded from ships at the port. No carter shall +drive his cart more quickly when it is unloaded than when it is +loaded. No pie bakers shall sell beef pies as venison pies, or +make any meat pie with entrails. To assist the poor, bread and +ale shall be sold by the farthing. + +Desertion by a soldier is penalized by forfeiture of all land and +property. + +The common law held that a bailee is entitled to possession +against all persons except the owner of the bailed property. + +Former judge Sir Thomas Littleton wrote a legal textbook +describing tenancies in dower; the tenures of socage, knight's +service, serjeanty, and burgage; estates in fee simple, fee tail, +and fee conditional. For instance, "Also, if feoffment be made +upon such condition, that if the feoffor pay to the feofee at a +certain day, etc., 800s. forty pounds of money, that then the +feoffor may re-enter, etc., in this case the feoffee is called +tenant in mortgage, ... and if he doth not pay, then the land +which he puts in pledge upon condition for the payment of the +money is gone from him for ever, and so dead as to the tenant, +etc." + +Joint tenants are distinguished from tenants in common by +Littleton thus: "Joint-tenants are, as if a man be seised of +certain lands or tenements, etc., and thereof enfeoffeth two, or +three, or four, or more, to have and to hold to them (and to +their heirs, or letteth to them) for term of their lives, or for +term of another's life; by force of which feoffment or lease they +are seised, such are joint-tenants. ... And it is to be +understood, that the nature of joint-tenancy is, that he that +surviveth shall have solely the entire tenancy, according to such +estate as he hath, ..." "Tenants in common are they that have +lands or tenements in fee-simple, fee-tail, or for term of life, +etc., the which have such lands and tenements by several title, +and not by joint title, and neither of them knoweth thereof his +severalty, but they ought by the law to occupy such lands or +tenements in common pro indiviso, to take the profits in common. +...As if a man enfeoff two joint-tenants in fee, and the one of +them alien that which to him belongeth to another in fee, now the +other joint-tenant and the alienee are tenants in common, because +they are in such tenements by several titles, ..." + + +- Judicial Procedure - + +People took grievances outside the confines of the rigid common +law to the Chancellor, who could give equitable remedies under +authority of a statute of 1285 (described in Chapter 8). The +Chancery heard many cases of breach of faith in the "use", a form +of trust in which three parties were involved: the owner of land, +feofees to whom the owner had made it over by conveyance or +"bargain and sale", and the beneficiary or receiver of the +profits of the land, who was often the owner, his children, +relatives, friends, an institution, or a corporation. This system +of using land had been created by the friars to get around the +prohibition against owning property. Lords and gentry quickly +adopted it. The advantages of the use were that 1) there was no +legal restriction to will away the beneficial interest of the use +although the land itself could not be conveyed by will; 2) it was +hard for the King to collect feudal incidents because the +feoffees were often unknown 3) the original owner was protected +from forfeiture of his land in case of conviction of treason if +the Crown went to someone he had not supported. Chancery gave a +remedy for dishonest or defaulting feofees. + +Chancery also provided the equitable relief of specific +performance in disputes over agreements, for instance, conveyance +of certain land, whereas the common law courts awarded only +monetary damages by the writ of covenant. + +Chancery ordered accounts to be made in matters of foreign trade +because the common law courts were limited to accounts pursuant +to transactions made within the nation. It also involved itself +in the administration of assets and accounting of partners to +each other. + +The Chancellor took jurisdiction of cases of debt, detinue, and +account which had been decided in other courts with oathhelping +by the defendant. He did not trust the reliance on friends of the +defendant swearing that his statement made in his defense was +true. An important evidentiary difference between procedures of +the Chancery and the common law courts was that the Chancellor +could orally question the plaintiff and the defendant under oath. +He also could order persons to appear at his court by subpoena +[under pain of punishment]. + +Whereas the characteristic award of the common law courts was +seisin of land or monetary damages, Chancery often enjoined +certain action. Because malicious suits were a problem, the +Chancery identified such suits and issued injunctions against +taking them to any court. + +The Chancery was given jurisdiction by statute over men of great +power taking by force women who had lands and tenements or goods +and not setting them free unless they bound themselves to pay +great sums to the offenders or to marry them. A statute also gave +Chancery jurisdiction over servants taking their masters' goods +at his death. + +Justices of the Peace, appointed by the Crown, investigated all +riots and arrested rioters, by authority of statute. If they had +departed, the Justices certified the case to the King. The case +was then set for trial first before the King and his council and +then at the King's Bench. If the suspected rioters did not appear +at either trial, they could be convicted for default of +appearance. If a riot was not investigated and the rioters +sought, the Justice of the Peace nearest forfeited 2,000s. +Justices of the peace were not paid and need not have a legal +background. For complex cases and criminal cases with defendants +of high social status, they deferred to the Justices of Assize, +who rode on circuit once or twice a year. + +Manor courts still formally admitted new tenants, registered +titles, sales of land and exchanges of land, and commutation of +services, enrolled leases and rules of succession, settled +boundary disputes, and regulated the village agriculture. + +All attorneys shall be examined by the royal judges for their +learnedness in the law and, at their discretion, those that are +good and virtuous shall be received to make any suit in any royal +court. The attorneys shall be sworn to serve well and truly in +their offices. + +Attorneys may plead on behalf of parties in the hundred courts. + +A qualification for jurors was to have an estate to one's own use +or one of whom other persons have estates of fee simple, fee +tail, freehold in lands and tenements, or freehold, which was at +least 40s. per year in value. In a plea of land worth at least +40s. yearly or a personal plea with relief sought at least 800s., +jurors had to have land in the bailiwick to the value of at least +400s., because perjury was considered less likely in the more +sufficient men. + +Jurors were separated from witnesses. + +Justices of the Peace were to have lands worth 267s. yearly, +because those with less used the office for extortion and lost +the respect and obedience of the people. + +A Sheriff was not to arrest, but to transfer indictments to the +Justices of the Peace of the county. He had to reside in his +bailiwick. The sheriff could be sued for misfeasance such as +bribery in the King's court. + + + + + +Chapter 11 + +- The Times: 1485-1509 - + +Henry and other exiles defeated and killed Richard III on +Bosworth field, which ends the War of the Roses. As King, Henry +VII restored order to the nation. He was readily accepted as King +because he was descended from both royal lines who were fighting +each other and married a woman who also was in the royal +bloodline. Henry was intelligent and sensitive. He weighed +alternatives and possible consequences before taking action. He +was convinced by reason on what plans to make. His primary +strategy was enacting and enforcing statutes to shore up the +undermined legal system, which includes the establishment of a +new court: the Court of the Star Chamber, to obtain punishment of +persons whom juries were afraid to convict. It had no jury. The +Star Chamber was the room in which the King's council had met +since the 14th century. In his reign of 24 years, Henry applied +himself diligently to the details of the work of government to +make it work well. He strengthened the monarchy, shored up the +legal system to work again, and provided a peace in the land in +which can later flourish a renaissance of the arts and sciences, +culture, and the intellectual life. + +The most prevalent problems were: murder, robbery, rape or forced +marriage of wealthy women, counterfeiting of coin, extortion, +misdemeanors by sheriffs and escheators, bribing of sheriffs and +jurors, perjury, livery and maintenance agreements, idleness, +unlawful plays, and riots. Interference with the course of +justice was not committed only by lords on behalf of their +retainers; men of humbler station were equally prone to help +their friends in court or to give assistance in return for +payment. Rural juries were intimidated by the old baronage and +their armed retinues. Juries in municipal courts were subverted +by gangs of townsmen. Justices of the Peace didn't enforce the +laws. The agricultural work of the nation had been adversely +affected. + +Henry made policy with the advice of his council and implemented +it by causing Parliament to enact it into legislation. He +dominated Parliament by having selected most of its members. Many +of his council were sons of burgesses and had been trained in +universities. He chose competent and especially trusted men for +his officers and commanders of castles and garrison. The fact +that only the King had artillery deterred barons from revolting. +Also, the baronial forces were depleted due to war. If Henry +thought a magnate was exercising his territorial power to the +King's detriment, he confronted him with an army and forced him +to bind his whole family in recognizances for large sums of money +to ensure future good conduct. Since the King had the authority +to interpret these pledges, they were a formidable check on any +activity which could be considered to be disloyal. The earl of +Kent, whose debts put him entirely at the King's mercy, was bound +to "be seen daily once in the day within the King's house". Henry +also required recognizances from men of all classes, including +clergy, captains of royal castles, and receivers of land. The +higher nobility now consisted of about twenty families. The heavy +fines by the Star Court put an end to conspiracies to defraud, +champerty, livery, and maintenance. The ties between the nobility +and the Justices of the Peace had encouraged corruption of +justice. So Henry appointed many of the lesser gentry and +attorneys as Justices of the Peace. Also he appointed a few of +his councilors as non-resident Justices of the Peace. There were +a total of about thirty Justices of the Peace per county. Their +appointments were indefinite and most remained until retirement +or death. Henry had yeomen serve as personal bodyguards night and +day. + +Many bills of attainder caused lords to lose their land to the +King. Most of these lords had been chronic disturbers of the +peace. Henry was also known to exhaust the resources of barons he +suspected of disloyalty by accepting their hospitality for +himself and his household for an extended period of time. + +Henry built up royal funds by using every available procedure of +government to get money, by maximizing income from royal estates +by transferring authority over them from the Exchequer to +knowledgeable receivers, and from forfeitures of land and +property due to attaints of treason. He also personally reviewed +all accounts and initialed every page, making sure that all +payments were made. He made a regular practice of ordering all +men with lands with 800s. 40 pounds per year to receive +knighthoods or pay a high fee. As a result, the Crown became rich +and therefore powerful. + +Queen Elizabeth was a good influence on Henry's character. Her +active beneficence was a counteracting influence to his +avaricious predisposition. When Henry and his Queen traveled +through the nation, they often stopped to talk to the common +people. They sometimes gave away money, such as to a man who had +lost his hand. Henry paid for an intelligent boy he met to go to +school. + +Henry had the first paper mill erected in the nation. He fostered +the reading of books and the study of Roman law, the classics, +and the Bible. He had his own library and gave books to other +libraries. + +The age of entry to university was between 13 and 16. It took +four years' study of grammar, logic, and rhetoric to achieve the +Bachelor of Arts degree and another five before a master could +begin a specialized study of the civil law, canon law, theology, +or medicine. Arabic numbers repaced Roamn numberals, making +multiplication and division possible. Humanist studies were +espoused by individual scholars at the three centers of higher +learning: Oxford University, Cambridge University, and the Inns +of Court in London. The Inns of Court attracted the sons of +gentry and merchants pursuing practical and social +accomplishments. The text of 'readings' to members of the inns +survive from this time. In the legalistic climate of these times, +attorneys were prosperous. + +The enclosure of land by hedges for sheep farming continued, +especially by rich merchants who bought country land for this +purpose. Often this was land under the plough. The tenants at +will were thrown off it immediately. That land held by +copyholders of land who had only a life estate, was withheld from +their sons. Only freeholders and copyholders with the custom of +the manor in their favor were secure against eviction. The real +line of distinction between rural people was one of material +means instead of legal status: free or unfree. On one extreme was +the well-to-do yeoman farmer farming his own land. On the other +extreme was the agricultural laborer working for wages. + +Other land put to use for sheep breeding was waste land. There +were three sheep to every person. The nearby woodlands no longer +had wolves or lynx who could kill the sheep. Bears and elk are +also gone. + +There were still deer, wild boar, wildcats and wild cattle in +vast forests for the lords to hunt. Wood was used for houses, +arms, carts, bridges, and ships. + +The villages were still isolated from each other, so that a +visitor from miles away was treated as warily as a foreigner. +Most people lived and died where they had been born. A person's +dialect indicated his place of origin. The largest town, London, +had a population of about 70,000. Other towns had a population +less than 20,000. The population was increasing, but did not +reach the level of the period just before the black death. + +In most large towns, there were groups of tailors and hatmakers, +glovers, and other leatherworkers. Some towns had a +specialization due to their proximity to the sources of raw +materials, such as nails, cutlery, and effigies and altars. +Despite the spread of wool manufacturing to the countryside, +there was a marked increase of industry and prosperity in the +towns. The principal streets of the larger towns were paved with +gravel. Gild halls became important and imposing architecturally. + +London had some houses of stone and timber and some mansions of +brick and timber clustered around palaces. In these, bedrooms +increased in number, with rich bed hangings, linen sheets, and +bolsters. Bedspreads and nightgowns were introduced. Fireplaces +became usual in all the rooms. Tapestries covered the walls. +Carpets were used in the private rooms. Some of the great halls +had tiled floors. The old trestle tables were replaced by tables +with legs. Benches and stools had backs to lean on. Women and men +wore elaborate headdresses. There are guilds of ironmongers, +salters, and haberdashers [hats and caps]. On the outer periphery +are mud and straw taverns and brothels. + +The Tailors' and Linen Armorers' Guild received a charter from +the King as the "Merchant Tailors" to use all wares and +merchandise, especially wool cloth, as well wholesale as retail, +throughout the nation. Some schooling was now being made +compulsory in certain trades; the goldsmiths' company made a rule +that all apprentices had to be able to read and write. + +The Merchant Adventurers created a London fellowship confederacy +to make membership of their society and compliance with its +regulations binding on all cloth traders. Membership could be +bought for a large fee or gained by apprenticeship or by being +the son of a member. + +Foreign trade was revived because it was a period of comparative +peace. The nation sought to sell as much as possible to foreign +nations and to buy at little as possible and thereby increase its +wealth in gold and silver, which could be used for currency. + +There are more navy ships, and they have cannon. Ships weighed +200 tons and had twice the cargo space they had previously. Their +higher prows made them better able to withstand gales. The +mariners' compass with a pivoted needle and compass card was +introduced. Ships had three masts; the three sails make possible +the use of almost any direction of wind to go in the direction +sought. This opened the seas of the world to navigation. +Adventurous seamen went on voyages of discovery, such as John +Cabot to North America in 1497, following Italian Christopher +Columbus' discovery of the new world in 1492. + +There were morality plays in which the seven deadly sins: pride, +covetousness, lust, anger, gluttony, envy, and sloth, fought the +seven cardinal virtues: faith, hope, charity, prudence, +temperance, justice, and strength, respectively, for the human +soul. The play "Everyman" demonstrates that every man can get to +heaven only by being virtuous and doing good deeds in his +lifetime. It emphasized that death may come anytime to every man, +when his deeds will be judged as to their goodness or sinfulness. +Card games were introduced. + + +- The Law - + +Royal proclamations clarifying, refining or amplifying the law +had the force of parliamentary statutes. One of the first things +Henry did as King was make this proclamation against false rumors +in 1486: +"Forasmuch as many of the King our sovereign lord's subjects +[have] been disposed daily to hear feigned, contrived, and forged +tidings and tales, and the same tidings and tales, neither +dreading God nor his Highness, utter and tell again as though +they were true, to the great hurt of divers of his subjects and +to his grievous displeasure: Therefore, in eschewing of such +untrue and forged tidings and tales, the King our said sovereign +lord straitly chargeth and commandeth that no manner person, +whatsoever he be, utter nor tell any such tidings or tales but he +bring forth the same person the which was author and teller of +the said tidings or tales, upon pain to be set on the pillory, +there to stand as long as it shall be thought convenient to the +mayor, bailiff, or other official of any city, borough, or town +where it shall happen any such person to be taken and accused for +any such telling or reporting of any such tidings or tales. +Furthermore the same our sovereign lord straitly chargeth and +commandeth that all mayors, bailiffs, and other officers +diligently search and inquire of all such persons tellers of such +tidings and tales not bringing forth the author of the same, and +them set on the pillory as it above said." + +Statutes included: + +Lords holding castles, manors, lands and tenements by knight's +service of the King shall have a writ of right for wardship of +the body as well as of the land of any minor heir of a deceased +person who had the use [beneficial enjoyment] of the land for +himself and his heirs as if the land had been in the possession +of the deceased person. And if such an heir is of age, he shall +pay relief to the lord as if he had inherited possession of the +land. An heir in ward shall have an action of waste against his +lord as if his ancestor had died seised of the land. That is, +lands of "those who use" shall be liable for execution of his +debt and to the chief lord for his relief and heriot, and if he +is a bondsman, they may be seized by the lord. + +Any woman who has an estate in dower, or for a term of life, or +in tail, jointly with her husband, or only to herself, or to her +use, in any manors, lands, tenements, or other hereditaments of +the inheritance or purchase of her husband, or given to the said +husband and wife in tail, or for term of life, by any of the +ancestors of the said husband, or by any other person seised to +the use of the said husband, or of his ancestors, who, by herself +or with any after taken husband; discontinue, alienate, release, +confirm with warranty or, by collusion, allow any recovery of +the same against them or any other seised to their use, such +action shall be void. Then, the person to whom the interest, +title, or inheritance would go after the death of such woman may +enter and possess such premises. This does not affect the common +law that a woman who is single or remarried may give, sell, or +make discontinuance of any lands for the term of her life only. + +All deeds of gift of goods and chattels made of trust, to the use +of the giver [grantor and beneficiary of trust], to defraud +creditors are void. + +It is a felony to carry off against her will, a woman with lands +and tenements or movable goods, or who is heir-apparent to an +ancestor. This includes taking, procuring, abetting, or knowingly +receiving a woman taken against her will. + +A vagabond, idle, or suspected person shall be put in the stocks +for three days with only bread and water, and then be put out of +the town. If he returns, he shall spend six days in the stocks. +(A few years later this was changed to one and three days, +respectively.) Every beggar who is not able to work, shall return +to the hundred where he last dwelled, is best known, or was born +and stay there. + +No one may take pheasants or partridges by net snares or other +devices from his own warren [breeding ground], upon the freehold +of any other person, or forfeit 200s., one half to the owner of +the land and the other half to the suer. No one may take eggs of +any falcon, hawk, or swan out of their nest, whether it is on his +land or any other man's land, on pain of imprisonment for one +year and fine at the King's will, one half to the King, and the +other half to the owner of the land, or owner of the swan. No man +shall bear any English hawk, but shall have a certificate for any +hawk imported, on pain for forfeiture of such. No one shall drive +falcons or hawks from their customary breeding place to another +place to breed or slay any for hurting him, or pay 200s. after +examination by a Justice of the Peace, one half going to the King +and one half to the suer. + +Any person without a forest of his own who has a net device with +which to catch deer shall pay 200s. for each month of possession. +Anyone stalking a deer with beasts anywhere not in his own forest +shall forfeit 200s. Anyone taking any heron by device other than +a hawk or long bow shall forfeit 6s.8d. No one shall take a young +heron from its nest or pay 10s. for each such heron. Two justices +may decide such an issue, and one tenth of the fine shall go to +them. + +No man shall shoot a cross-bow except in defense of his house, +other than a lord or one having 2,667s. of land because their use +had resulted in too many deer being killed. (The long-bow was not +forbidden.) + +No beasts may be slaughtered or cut up by butchers within the +walls of a town, or pay 12d. for every ox and 8d. for every cow +or other beast, so that people will not be annoyed and +distempered by foul air, which may cause them sickness. + +No tanner may be a currier [dyed tanned leather] and no currier +may be a tanner. No shoemaker [cordwainer] may be a currier and +no currier may be a shoemaker. No currier shall curry hides which +have not been tanned. No tanner shall sell other than red +leather. No tanner may sell a hide before it is dried. No tanner +may tan sheepskins. + +No long bow shall be sold over the price of 3s.4d. + +Good wood for making bows may be imported without paying customs. + + +No grained cloth of the finest making shall be sold for more than +16s., nor any other colored cloth for more than 11s. per yard, or +forfeit 40s. for every yard so sold. No hat shall be sold for +more than 20d. and no cap shall be sold for more than 2s.8d., or +forfeit 40s. for each so sold. + +Silver may not be sold or used for any use but goldsmithery or +amending of plate to make it good as sterling, so that there will +be enough silver with which to make coinage. + +Each feather bed, bolster, or pillow for sale shall be stuffed +with one type of stuffing, that is, dry pulled feathers or with +clean down alone, and with no sealed feathers nor marsh grass, +nor any other corrupt stuffings. Each quilt, mattress, or cushion +for sale shall be stuffed with one type of stuffing, that is, +clean wool, or clean flocks alone, and with no horsehair, marsh +grass, neatshair, deershair, or goatshair, which is wrought in +lime-fats and gives off an abominable and contagious odor when +heated by a man's body, on pain of forfeiture of such. + +Salmon shall be sold by standard volume butts and barrels, or +forfeit 6s.8d. Large salmon shall be sold without any small fish +or broken-bellied salmon and the small fish shall be packed by +themselves only, or forfeit 6s.8d. Herring shall be sold at +standard volumes, or forfeit 3s.4d. The herring shall be as good +in the middle and in every part of the package as at the ends of +the package, or forfeit 3s.4d. Eels shall be sold at standard +volumes, and good eels shall not be mixed with lesser quality +eels, or forfeit 10s. The fish shall be packed in the manner +prescribed or forfeit for each vessel 3s.4d. + +Fustians shall always be shorn with the long shear, so that it +can be worn for at least two years. If an iron or anything else +used to dress such injures the cloth so that it wears out after +four months, 20s. shall be forfeited for each default, one half +to the King and the other half to the suer. + +Pewter and brass ware for sale shall be of the quality of that of +London and marked by its maker, on pain of forfeiture of such, +and may be sold only at open fairs and markets or in the seller's +home, or forfeit 200s. If such false ware is sold, its maker +shall forfeit its value, one half to the King and one half to the +searchers. Anyone using false weights of such wares shall forfeit +20s., one half to the King and one half to the suer, or if he +cannot pay this fine, to be put in the stocks until market day +and then be put in the pillory all the market time. + +No alien nor denizen [foreigner allowed to reside in the nation +with certain rights and privileges] may carry out of the nation +any raw wool or any woolen cloth which has not been barbed, +rowed, and shorn. + +Silk ribbons, laces, girdles, and corses of silk may not be +imported, since they can be made in the nation. + +No one shall import wine into the nation, but on English ships, +or forfeit the wine, one half to the King and one half to the +seizer of the wine. + +No one may take out of the nation any [male] horse or any mare +worth more than 6s.8s. or under the age of three years, upon pain +of forfeiture of such. However, a denizen may take a horse for +his own use and not to sell. This is to stop losing horses needed +for defense of the nation and to stop the price of a horse from +going up. + +Freemen of London may go to fairs and markets with wares to sell, +despite the London ordinance to the contrary. + +Merchants residing in the nation but outside London shall have +free access to foreign markets without exaction taken of more +than 133s. sterling by the confederacy of London merchants, which +have increased their fee so much, 400s., that merchants not in +the confederacy have been driven to sell their goods in London +for less than they would get at a foreign market. Exacting more +is punishable by a fine of 400s. and damages to the grieved party +of ten times the excess amount taken. + +For the privilege of selling merchandise, a duty of scavage shall +be taken of merchant aliens, but not of denizens. Any town +official who allows disturbing of a person trying to sell his +merchandise because he has not paid scavage, shall pay a fine of +400s. + +Coin clipped or diminished shall not be current in payment, but +may be converted at the King's mint into plate or bullion. Anyone +refusing to take coins with only normal wear may be imprisoned by +the mayor, sheriff, bailiff, constable or other chief officer. +New coins, which have a circle or inscription around the outer +edge, will be deemed clipped if this circle or inscription is +interfered with. + +The penalty for usury is placement in the pillory, imprisonment +for half a year, and a fine of 400s. (The penalty was later +changed to one half thereof.) + + +- Judicial Procedure - + +These changes in the judicial process were made by statute: + +The Chancellor, Treasurer, keeper of the King's privy seal, or +two of them, with a bishop selected by them, and a temporal lord +of the King's council selected by them, and the two Chief +Justices of the King's Bench shall constitute the court of the +Star Chamber. It shall have the authority to call before it by +writ or by privy seal anyone accused of "unlawful maintenances, +giving of liveries, signs and tokens, and retainers by +indentures, promises, oaths, writings, or otherwise embraceries +of his subjects" and witnesses, and impose punishment as if +convicted under due process of law. These laws shall now be +enforced: If a town does not punish the murderer of a man +murdered in the town, the town shall be punished. A town shall +hold any man who wounds another in peril of death, until there is +perfect knowledge whether the man hurt should live or die. Upon +viewing a dead body, the coroner should inquire of the killers, +their abettors, and anyone present at the killing and certify +these names. In addition, the murderer and accessories indicted +shall be tried at the King's suit within a year of the murder, +which trial will not be delayed until a private suit is taken. If +acquitted at the King's suit, he shall go back to prison or let +out with bail for the remainder of the year, in which time the +slain man's wife or next of kin may sue. For every inquiry made +upon viewing a slain body coroners shall be paid 13s.4d. out of +the goods of the slayer or from a town not taking a murderer, but +letting him escape. If the coroner does not make inquiry upon +viewing a dead body, he shall be fined 100s. to the King. If a +party fails to appear for trial after a justice has taken bail +from him, a record of such shall be sent to the King. + +If a Justice of the Peace does not act on any person's complaint, +that person may take that complaint to another Justice of the +Peace, and if there is no remedy then, he may take his complaint +to a Justice of Assize, and if there is not remedy then, he may +take his complaint to the King or the Chancellor. There shall +then be inquiry into why the other justices did not remedy the +situation. If it is found that they were in default in executing +the laws, they shall forfeit their commissions and be punished +according to their demerits. + +Justices of the Peace shall make inquiry of all offenses in +unlawful retaining, examine all suspects, and certify them to the +King's Bench for trial there or in the King's council, and the +latter might also proceed against suspects on its own initiative +on information given. + +Perjury committed by unlawful maintenance, embracing, or +corruption of officers, or in the Chancery, or before the King's +council, shall be punished in the discretion of the Chancellor, +Treasurer, both the Chief Justices, and the clerk of the rolls. + +The Star Chamber, Chancellor, King's Bench and King and council +have the power to examine all defendants, by oath or otherwise, +to adjudge them convicted or attainted. They can also be found +guilty by confession, examination, or otherwise. If a defendant +has denied doing the acts of which he is convicted, he is subject +to an additional fine to the King and imprisonment. + +Violations of statutes may be heard by the Justices of Assize or +the Justices of the Peace, except treason, murder, and felony. + +Actions on the case shall be treated as expeditiously in the +courts of the King's Bench and his common bench as actions of +trespass or debt. + +Proclamation at four court terms of a levy of a fine shall be a +final end to an issue of land, tenements, or other hereditaments +and the decision shall bind persons and their heirs, whether they +have knowledge or not of the decision, except for women in covert +[under the protection of a husband] who were not parties, persons +under the age of twenty-one, in prison, out of the nation, or not +of whole mind, who are not parties. These may sue within five +years of losing such condition. Also, anyone not a party may +claim a right, title, claim, or interest in the said lands, +tenements, or other hereditaments at the time of such fine +recorded, within five years after proclamations of the fine. + +A defendant who appeals a decision for the purpose of delaying +execution of such shall pay costs and damages to the plaintiff +for the delay. + +No sheriff, undersheriff, or shire clerk shall enter any +complaints in their books unless the complaining party is +present. And no more complaints than the complaining party knows +about shall be entered. The penalty is 40s. for each such false +complaint, one half to the King and the other half to the suer +after examination by a Justice of the Peace. This is to prevent +extortion of defendants by false complaints. The justice shall +certify this examination to the King, on pain of a fine of 40s. A +bailiff of a hundred who does not do his duty to summon +defendants shall pay a fine of 40s. for each such default, after +examination by a Justice of the Peace. Sheriffs' records of fines +imposed and bailiffs' records of fines collected may be reviewed +by a Justice of the Peace to examine for deceit. + +Any sheriff allowing a prisoner to escape, whether from +negligence or for a bribe, shall be fined, if the prisoner was +indicted of high treason, at least 1,333s. for each escape. +However, if the prisoner was in their keeping because of a +suspicion of high treason, the fine shall be at least 800s.; and +if indicted of murder or petite treason, at least 400s.; and if +suspected of murder or petite treason, 200s.; and if suspected of +other felonies, 100s. + +Any person not responding to a summons for jury service shall be +fined 12d. for the first default, and 2s. for the second, and +double for each subsequent default. + +A pauper may sue in any court and be assigned an attorney at no +cost to him. + +A Justice of the Peace to whom has been reported hunting by +persons disguised with painted faces or visors or otherwise, may +make a warrant for the sheriff or other county officer to arrest +such persons and bring them before the justice. Such hunting in +disguise or hunting at night or disobeying such warrant is a +felony. This is to stop large mobs of disguised people from +hunting together and then causing riots, robberies, and murders. + +Benefit of clergy may be used only once, since this privilege has +made clerics more bold in committing murder, rape, robbery, and +theft. However, there will be no benefit of clergy in the case of +murder of one's immediate lord, master, or sovereign. (This +begins the gradual restriction of benefit of clergy until it +disappears.) + +For an issue of riot or unlawful assembly, the sheriff shall call +24 jurors, each of lands and tenements at least 20s. of charter +land or freehold or 26s.8d. of copyhold or of both. For each +default of the sheriff, he shall pay 400s. And if the jury +acquits, then the justice, sheriff, and under-sheriff shall +certify the names of any jurors maintained or embraced and their +misdemeanors, or forfeit 400s. Any person proved to be a +maintainer or embracer shall forfeit 400s. to the King and be +committed to ward. + +The principal leaders of any riot or unlawful assembly shall be +imprisoned and fined and be bound to the peace with sureties at a +sum determined by the Justices of the Peace. If the riot is by +forty people or heinous, the Justices of Peace shall certify such +and send the record of conviction to the King. + +The penalty for giving or taking livery is 100s. per month. The +penalty for causing oneself to be retained is 40s. per day. + +The King's steward, Treasurer, and comptroller have authority to +question by twelve discreet persons any servant of the King about +making any confederacies, compassings, conspiracies, or +imaginations with any other person to destroy or murder the King +or one of his council or a lord. Trial shall be by twelve men of +the King's household and punishment as by felony in the common +law. + +When a land holder enfeoffs his land and tenements to people +unknown to the remainderman in tail, so that he does not know who +to sue, he may sue the pernor [receiver] of the profits of the +land and tenements for a remedy. And the pernors shall have the +same advantages and defenses as the feoffees or as if they were +tenants. And if any deceased person had the use for himself and +his heirs, then any of his heirs shall have the same advantages +and defenses as if his ancestor had died seised of the land and +tenements. And all recoveries shall be good against all pernors +and their heirs, and the feofees and their heirs, and the +co-feoffees of the pernors and their heirs, as though the pernors +were tenants indeed, or feofees to their use, or their heirs of +the freehold of the land and tenements. + +If a person feoffs his land to other persons while retaining the +use thereof for himself, it shall be treated as if he were still +seised of the land. Thus, relief and heriot will still be paid +for land in socage. And debts and executions of judgments may be +had upon the land and tenements. + +The penalty for not paying customs is double the value of the +goods. + +The town of London shall have jurisdiction over flooding and +unlawful fishing nets in that part of the Thames River that flows +next to it. + +The city of London shall have jurisdiction to enforce free +passage of boats on the Severn River in the city, interruption of +which carries a fine of 400s., two-thirds to the King and one +third to the suer. + +Jurors impaneled in London shall be of lands, tenements, or goods +and chattels, to the value of 133s. And if the case concerns debt +or damages at least 133s, the jurors shall have lands, tenements, +goods, or chattels, to the value of 333s. This is to curtail the +perjury that has gone on with jurors of little substance, +discretion, and reputation. + +A party grieved by a false verdict of any court in London may +appeal to the Hustings Court of London, which hears common pleas +before the mayor and aldermen. Each of the twelve alderman shall +pick from his ward four jurors of the substance of at least +2,000s. to be impaneled. If twenty-four of them find that the +jurors of the petty jury has given an untrue verdict, each such +juror shall pay a fine of at least 400s. and imprisonment not +more than six months without release on bail or surety. However, +if it is found that the verdict was true, then the grand jury may +inquire if any juror was bribed. If so, such juror bribed and the +defendant who bribed him shall each pay ten times the amount of +the bribe to the plaintiff and be imprisoned not more than six +months without release on bail or surety. + +The church may punish priests and clerics for any adultery, +fornication, incest, or any other incontinence of the flesh, by +imprisonment. + +Other changes in the judicial process were made by court +decision. For instance, the royal judges decided that only the +King could grant sanctuary for treason and not the church. After +this, the church withdrew the right of sanctuary from second time +offenders. + +The King's council has practically limited itself to cases in +which the state has an interest, especially the maintenance of +public order. Chancery became an independent court rather than +the arm of the King and his council. In Chancery and the King's +Bench, the intellectual revival brought by humanism inspires +novel procedures to be devised to meet current problems in +disputed titles to land, inheritance, debt, breach of contract, +promises to perform acts or services, deceit, nuisance, +defamation, and the sale of goods. + +A new remedy is specific performance, that is, performance of an +act rather than money damages. + +Evidence is now taken from witnesses. + +Various courts had overlapping jurisdiction. For instance, +trespass could be brought in the Court of Common Pleas because it +was a civil action between two private persons. It could also be +brought in the Court of the King's Bench because it broke the +King's peace. It was advantageous for a party to sue for trespass +in the King's court because there a defendant could be made to +pay a fine to the King or imprisoned, or declared outlaw if he +did not appear at court. In a couple of centuries, trespass on +the case will extend all over the previous common law including +assumpsit, ejectment, trover, deceit, libel, slander, battery, +and assault. And the rigid writs with specific forms of action +for common law cases will fall into disuse. + +Parliament's supremacy over all regular courts of law was firmly +established and it was called "the high court of Parliament", +paradoxically, since it came to rarely function as a law court. + +The humanist intellectual revival also caused the church courts +to try to eliminate contradictions with state law, for instance +in debt, restitution, illigitimacy, and the age of legal +majority. + + + + +Chapter 12 + +- The Times: 1509-1547 - + +Renaissance humanism came into being in the nation. In this +development, scholars in London, Oxford, and Cambridge emphasized +the value of classical learning, especially Platonism and the +study of Greek literature as the means of better understanding +and writing. They studied the original Greek texts and became +disillusioned with the filtered interpretations of the church, +for example of the Bible and Aristotle. There had long been +displeasure with the priests of the church. They were supposed to +preach four times yearly, visit the sick, say the daily +liturgies, and hear confessions at least yearly. But there were +many lapses. Many were not celibate, and some openly lived with a +woman and had children. Complaints about them included not +residing within their parish community, doing other work such as +raising crops, and taking too much in probate, mortuary, and +marriage fees. Probate fees had risen from at most 5s. to 60s. in +the last century. Mortuary fees ranged from 1/3 to 1/9 of a +deceased person's goods. Sanctuary was abused. People objected to +the right of arrest by ecclesiastical authorities. + +Also, most parish priests did not have a theology degree or even +a Bachelor's degree, as did many laymen. In fact, many laymen +were better educated than the parish priests. No one other than a +laborer was illiterate in the towns. + +Humanist grammar [secondary] schools were established in London +by merchants and guilds. Classical Latin and Greek were taught +and the literature of the best classical authors was read. +Education was opened up to women. Secondary education teachers +were expected to know Latin and Greek and have studied the +ancient philosophers, history, and geography. The method of +teaching was for the teacher to read text-books to the class from +a prepared curriculum. The students learned how to read and to +write, to develop and amplify a theme by logical analysis, and to +essay on the same subject in the narrative, persuasive, +argumentative, commending, consoling, and inciting styles. +Disobedience incurred flogging by teacher as well as by parents. +Spare the rod and spoil the child was the philosophy. There were +two week vacations at Christmas and at Easter. + +Oxford University was granted a charter which put the greater +part of the town under control of the Chancellor and scholars. +The mayor of Oxford was required to take an oath at his election +to maintain the privileges and customs of the university. + +The physicians of London were incorporated to oversee and govern +the practice of medicine. A faculty of physicians was established +at Oxford and Cambridge. Only graduates of the new College of +Physicians or of Oxford or Cambridge may practice medicine or +surgery. + +Geoffrey Chaucer's "Canterbury Tales" was a popular book. Through +Chaucer, London English became a national standard and the notion +of "correct pronunciation" came into being. + +The discoveries and adventures of Amerigo Vespucci, a Portuguese +explorer, were widely read. The North and South American +continents were named for him. + +London merchant guilds started to cease to be trading +organizations and began to be identified mainly with hospitality +and benevolence. The leading men of these guilds were generally +aldermen and the guilds acted like municipal committees of trade +and manufactures. Then they acted like a state department for the +superintendence of the trade and manufactures of London. They +were called Livery Companies and categorized their memberships in +three grades: mere membership, livery membership, and placement +on the governing body. Livery membership was distinguished by +having the clothing of the brotherhood and were usually those who +bought membership and paid higher fees because they were richer. +Most of these companies had almshouses attached to their halls +for the impoverished, disabled, and elderly members and their +widows and children. For instance, many members of the goldsmiths +had been blinded by the fire and smoke of quick silver and some +members had been rendered crazed and infirm by working in that +trade. The pensions of the liverymen were larger than those of +mere members and they generally had a right to a place at those +banquets which are chartered franchises, and they are invited by +the governing body, as a matter of favor, to other +entertainments. The freedom and rights of citizenship of the city +could only be obtained through membership in a livery company. + +There are 26 wards of London as of 1550. This is the number for +the next four centuries. Each has an alderman, a clerk, and a +constable. + +Though there was much agreement on the faults of the church and +the need to reform it, there were many disagreements on what +philosophy of life should take the place of church teachings. The +humanist Thomas More was a university trained intellectual. His +book "Utopia", idealized an imaginary society of pagans living +according to the principles of natural virtue. In it, everything +is owned in common and there is no need for money. There is +agreement that there is a God who created the world and all good +things and who guides men. But otherwise people choose their +religious beliefs and their priests. From this perspective, the +practices of current Christians, scholastic theologicians, +priests and monks, superstition, and ritual look absurd. He +encouraged a religious revival. Aristotle's position that +virtuous men would rule best is successfully debated against +Plato's position that intellectuals and philosophers would be the +ideal rulers. + +More plead for proportion between punishment and crime. He urged +that theft no longer be punished by death because this only +encouraged the thief to murder his victim to eliminate evidence +of the theft. He opined that the purpose of punishment was to +reform offenders. He advocated justice for the poor to the +standard of justice received by the rich. + +Erasmus, a former monk, visited the nation for a couple of years +and argued that reason should prevail over religious belief. He +wrote the book "In Praise of Folly", which noted man's elaborate +pains in misdirected efforts to gain the wrong thing. For +instance, it questioned what man would stick his head into the +halter of marriage if he first weighed the inconveniences of that +life? Or what woman would ever embrace her husband if she foresaw +or considered the dangers of childbirth and the drudgery of +motherhood? Childhood and senility are the most pleasant stages +of life because ignorance is bliss. Old age forgetfulness washes +away the cares of the mind. A foolish and doting old man is freed +from the miseries that torment the wise and has the chief joy of +life: garrulousness. The seekers of wisdom are the farthest from +happiness; they forget the human station to which they were born +and use their arts as engines with which to attack nature. The +least unhappy are those who approximate the naiveness of the +beastsand who never attempt what is beyond men. As an example, is +anyone happier than a moron or fool? Their cheerful confusion of +the mind frees the spirit from care and gives it many-sided +delights. Fools are free from the fear of death and from the +pangs of conscience. They are not filled with vain worries and +hopes. They are not troubled by the thousand cares to which this +life is subject. They experience no shame, fear, ambition, envy, +or love. In a world where man are mostly at odds, all agree in +their attitude towards these innocents. They are sought after and +sheltered; everyone permits them to do and say what they wish +with impunity. However, the usual opinion is that nothing is more +lamentable than madness. The Christian religion has some kinship +with folly, while it has none at all with wisdom. For proof of +this, notice that children, old people, women, and fools take +more delight than anyone else in holy and religious things, led +no doubt solely by instinct. Next, notice that the founders of +religion have prized simplicity and have been the bitterest foes +of learning. Finally, no people act more foolishly than those who +have been truly possessed with Christian piety. They give away +whatever is theirs; they overlook injuries, allow themselves to +be cheated, make no distinction between friends and enemies, shun +pleasure, and feast on hunger, vigils, tears, labors, and scorn. +They disdain life, and utterly prefer death. In short, they have +become altogether indifferent to ordinary interests, as if their +souls lived elsewhere and not in their bodies. What is this, if +not to be mad? The life of Christians is run over with nonsense. +They make elaborate funeral arrangements, with candles, mourners, +singers, and pallbearers. They must think that their sight will +be returned to them after they are dead, or that their corpses +will fall ashamed at not being buried grandly. Christian +theologians, in order to prove a point, will pluck out four or +five words from different places, even falsifying the sense of +them if necessary, and disregard the fact that the context is +irrelevant or even contradicts the point, They do this with such +brazen skill that our lawyers are often jealous of them. + +Lawyer Christopher St. German wrote the legal treatise "Doctor +and Student", in which he deems the law of natural reason to be +supreme and eternal. The law of God and the law of man, as +enunciated by the church and royalty, merely supplement the law +of natural reason and may change from time to time. Examples of +the law of reason are: It is good to be loved. Evil is to be +avoided. Do onto others as you would have them do unto you. Do +nothing against the truth. Live peacefully with others. Justice +is to be done to every man. No one is to wrong another. A +trespasser should be punished. From these is deduced that a man +should love his benefactor. It is lawful to put away force with +force. It is lawful for every man to defend himself and his goods +against an unlawful power. + +Like his father, Henry VIII dominated Parliament. He used this +power to reform the church of England in the 1530's. The +Protestant reformation cause had become identified with his +efforts to have his marriage of eighteen years to the virtuous +Catherine annulled so he could marry a much younger woman: Anne. +His purported reason was to have a son. The end of his six +successive wives was: divorced, beheaded, died; divorced, +beheaded, survived. Henry VIII was egotistical, arrogant, and +self-indulgent. This nature allowed him to declare himself the +head of the church of England instead of the pope. + +Henry used and then discarded officers of state e.g. by executing +them for supposed treason. One such was Thomas Wolsey, the son of +a town butcher, was another supporter of classical learning. He +rose through the church, the gateway to advancement in a +diversity of occupations of clergy such as secretary, librarian, +teacher, lawyer, doctor, author, civil servant, diplomat, and +statesman. He was a court priest when he aligned himself with +Henry, both of whom wanted power and glory and dressed +extravagantly. But he was brilliant and more of a strategist than +Henry. Wolsey was a reformer by name and started a purge of +criminals, vagrants and prostitutes within. London, bringing many +before the council. But most of his reforming plans were not +brought to fruition, but ended after his campaign resulted in +more power for himself. Wolsey rose to be Chancellor to the King +and Archbishop of York. As the representative of the Pope for +England, he exercised almost full papal authority there. But he +controlled the church in England in the King's interest. He was +second only to the King. He also came to control the many courts. +Wolsey centralized the church in England and dissolved the +smaller monasteries, the proceeds of which he used to build +colleges at Oxford and his home town. He was an impartial and +respected judge. + +When Wolsey was not able to convince the pope to give Henry a +divorce, Henry dismissed him and took his property, shortly after +which Wolsey died. + +The King replaced Wolsey as Chancellor with Thomas More, after +whom he made Thomas Cromwell Chancellor. Cromwell was the son of +a clothworker and a self-taught lawyer, arbitrator, merchant, and +accountant. Like Wolsey, he was a natural orator. He drafted and +had passed legislation that created a new church of England. He +had all men swear an oath to the terms of the succession act. +Thomas More was known for his honesty and was a highly respected +man. More did not yield to Henry's bullying for support for his +statute declaring the succession to be vested in the children of +his second marriage, and his statute declaring himself the +supreme head of the church of England, instead of the pope. He +did not expressly deny the supremacy act, so was not guilty of +treason under its terms. But silence did not save him. He was +attainted for treason on specious grounds and beheaded. He +conviction rested on the testimony of one perjured witness, who +misquoted More as saying that Parliament did not have the power +to require assent to the supremacy act because it was repugnant +to the common law of Christendom. + +Through his host of spies, Cromwell heard what men said to their +closest friends. Words idly spoken were tortured into treason. +Henry had many bills of attainder passed by Parliament. Silence +was a person's only possibility of safety. Fear spread through +the people. + +Cromwell developed a technique for the management of the House of +Commons which lasted for generations. He promulgated books in +defense of royal spiritual authority, which argued that canon law +was not divine but merely human and that clerical authority had +no foundation in the Bible. A reformed English Bible was put in +all parish churches. Reformers were licensed to preach. Cromwell +ordered sermons to be said which proclaimed the supremacy of the +King. He instituted registers to record baptisms, marriages, and +burials in every county, for the purpose of reducing disputes +over descent and inheritance. He dissolved all the lesser +monasteries. + +When Cromwell procured a foreign wife for Henry whom Henry found +unattractive, he was attainted and executed. + +Thomas Cranmer, Archbishop of Canterbury, wrote the first English +Common Book of Prayer. With its use beginning in 1549, Church +services were to be held in English instead of Latin. The mass, +thought to be a miracle performed by priests, was to be replaced +by communion shared by all. The mass, prayers for souls in +purgatory, miracles, the worship of saints, and pilgrimages to +shrines such as that of Thomas Becket, were all to be +discontinued. Imprisonment or exile rather than death was made +the penalty for heresy and blasphemy, and also for adultery. + +After the King dissolved the greater monasteries, he took and +sold their ornaments, silver plate and jewelry, lead from roofs +of their buildings, and finally much of the land itself. He took +away from the church control of Bethlehem Hospital, a madhouse +for the mentally ill known as "Bedlam". + +Henry used the proceeds from the sale of the monasteries for +building many new palaces and wood ships for his navy. In war, +these navy ships had heavy guns which could sink other ships. In +peace time, these ships were hired out to traders. + +The former land of the monasteries, about 30% of the country's +land, was sold and resold or leased. Some went to entrepreneurial +cloth manufacturers, who converted the buildings for the +manufacture of cloth. They bought the raw wool and hired +craftsmen for every step of the manufacturing process to be done +in one continuous process. This was faster than buying and +selling the wool material between craftsmen who lived in +different areas. Also, it was more efficient because the amount +of raw wool bought could be adjusted to the demand for cloth. + +Many landowners now could live in towns exclusively off the rents +of their rural land. Rents were increased so much that tenants +could not pay and were evicted. They usually became beggars or +thieves. Much of their former land was converted from crop +raising to pasture for large herds of sheep. Arable farming +required many workers, whereas sheep farming required only one +shepherd and herdsman. Villeinage was now virtually extinct. +There were exceptional profits made from the export of wool +cloth. But much raw wool was still exported. It's price went up +from 6s.8d. per tod in 1840 to 20s.8d. in 1546. + +There was steady inflation. Landlords made their leases short +term so that they could raise rents as prices rose. + +At least 85% of the population still lived in the country. Rich +traders built town or country houses in which the emphasis was on +comfort and privacy. There was more furniture, bigger windows +filled with glass, wallpaper, and formal gardens. Some floors +were tiled instead of stone or wood. They were still strewn with +straw. The owners ate in a private dining room and slept in their +own rooms with down quilts. Their soap was white. They had +clothing of white linen and white wool, leather slippers, and +felt hats. + +The King, earls, who ruled counties, and barons, who had land and +a place in the House of Lords, still lived in the most comfort. +The King's house had courtyards, gardens, orchards, wood-yards, +tennis courts, and bowling alleys. + +Lawyers had more work with the new laws passed to replace the +canons of the church. They played an important role in town +government and many became wealthy. They acquired town houses in +addition to their rural estates. + +The walls of the towns were manned by the citizens themselves, +with police and watchmen at their disposal. In inns, travelers +slept ten to a bed and there were many fleas and an occasional +rat or mouse running through the rushes strewn on the floor. The +inn provided a bed and ale, but travelers brought their own food. +Each slept with his purse under his pillow. + +In markets, sellers set up booths for their wares. They sold +grain for making oatmeal or for sowing one's own ground. Wine, +butter, cheese, fish, chicken, and candles could also be bought. +Butchers bought killed sheep, lambs, calves, and pigs to cut up +for selling. Tanned leather was sold to girdle-makers and +shoemakers. Goods bought in markets were presumed not to be +stolen, so that a purchaser could not be dispossessed of goods +bought unless he had knowledge that they were stolen. + +The ruling group of the towns came to be composed mostly of +merchants, manufacturers, lawyers, and physicians. Some +townswomen were independent traders. The governed class contained +small master craftsmen and journeyman artisans, small traders, +and dependent servants. The major streets of London were paved +with stone, with a channel in the middle. More water conduits +from hills, heaths, and springs were built to provide the +citizens of London with more water. + +The idea of competition appeared. Each man sought to be richer +than his neighbors. + +The cloth, mining, iron, and woodcraft industries employed +full-time workers on wages. + +Land held in common was partitioned. There were leases of mansion +houses, smaller dwelling houses, houses with a wharf having a +crane, houses with a timber yard, houses with a garden, houses +with a shed, shops, warehouses, cellars, and stables. Land with a +dye-house or a brew-house were devised by will along with their +dying or brewing implements. There were dairies making butter and +cheese. + +The knights had 70% of the land, the nobles 10%, the church 10%, +and the King 5%. + +Citizens paid taxes to the King amounting to one tenth of their +annual income from land or wages. The national government was +much centralized and had full-time workers on wages. A national +commission of sewers continually surveyed walls, ditches, banks, +gutters, sewers, ponds, bridges, rivers, streams, mills, locks, +trenches, fish-breeding ponds, and flood-gates. When low places +were threatened with flooding, it hired laborers, bought timber, +and hired carts with horses or oxen for necessary work. Mayors of +cities repaired water conduits and pipes under the ground in +their cities. + +Most people dressed according to the apparel laws, which were +updated from time to time. The used tin or pewter dishes, +platters, goblets, saucers, spoons, saltcellars, pots, and +basins. They used soap to wash themselves, their clothes, and +their dishes. They had bedcovers on their beds. Cloth bore the +mark of its weaver and came in many colors. Cloth could be held +together with pins that had a shank with a hook by which they +were closed. People went to barbers to cut their hair and to +extract teeth. They went to people experienced with herbs, roots, +and waters for treatment of skin conditions such as sores, cuts, +burns, swellings, irritated eyes or scaly faces. For more +complicated ailments, they went to physicians, who prescribed +drugs and medicines. They bought drugs and medicines from +apothecaries and pharmacists. They burned wood logs in the +fireplaces in their houses. So much wood was used that young +trees were required by statute to be given enough lateral space +to spread their limbs and were not cut down until mature. + +All people generally had enough food because of the +commercialization of agriculture. Also, roads were good enough +for the transport of foodstuffs thereon. Goods were also +transported by the pulling of barges on the rivers from paths +along the river. + +Church reforms included abolishing church sanctuaries. Benefit of +clergy was restricted. Archbishops were selected by the King. +Decisions by archbishops in testamentary, matrimonial, and +divorce matters were appealable to the Court of Chancery instead +of to the pope. The clergy's canons were subject to the King's +approval. + + +- The Law - + +A person having land in socage or fee simple may will and devise +his land by will or testament in writing. + +A person holding land by knight's service may will and devise by +his last will and testament in writing part of his land to his +wife and other parts of his land to his children, as long as 1/3 +of entailed land is left to the King. + +Anyone serving the King in war may alienate his lands for the +performance of his will, and if he dies, his feoffees or +executors shall have the wardship of his heir and land. + +A person who leases land for a term of years, even if by +indenture or without a writing, may have a court remedy as do +tenants of freehold for any expulsion by the lessor which is +contrary to the lease, covenant, or agreement. These termers, +their executors and assigns, shall hold and enjoy their terms +against the lessors, their heirs and assigns. The lessor shall +have a remedy for rents due or waste by a termor after recovering +the land as well as if he had not recovered the land. + +A lord may distrain land within his fee for rents, customs, or +services due without naming the tenant, because of the existence +of secret feoffments and leases made by their tenants to unknown +persons. + +Anyone seised of land to the use or trust of other persons by +reason of a will or conveyance shall be held to have lawful +seisin and possession of the land, because by common law, land is +not devisable by will or testament, yet land has been so +conveyed, which has deprived married men of their courtesy, women +of their dower, the King of the lands of persons attainted, the +King of a year's profits of the of felons, and lords their +escheats. + +A woman may not have both a jointure and dower of her husband's +land. (Persons +had purchased land to hold jointly with their wives) + +A sale of land must be in writing, sealed, and registered in its +county with the clerk of that county. If the land is worth less +than 40s. per year, the clerk is paid 12d. If the land exceeds +40s. yearly, the clerk is paid 2s.6d. + +An adult may lease his lands or tenements only by a writing under +his seal for a term of years or a term of life, because many +people who had taken leases of lands and tenements for a term of +years or a term of lives had to spend a lot for repair and were +then evicted by heirs of their lessors. + +A husband may not lease out his wife's land. + +No woman covert, child, idiot, or person of insane memory may +devise land by will or testament. + +The land of tenants-in-common may be partitioned by them so that +each holds a certain part. + +No bishop or other official having authority to take probate of +testaments may take a fee for probating a testament where the +goods of the testator are under 100s., except that the scribe +writing the probate of the testament may take 6d., and for the +commission of administration of the goods of any man dying +intestate, being up to 100s, may be charged 6d. Where the goods +are over 100s. but up to 800s. sterling, probate fees may be +3s.6d. at most, whereof the official may take 2s.6d. at most, +with 12d. residue to the scribe for registering the testament. +Where the goods are over 800s. sterling, probate fees may be 5s. +at most, whereof the official may take 2s.6d. at most, with +2s.6d. residue to the scribe, or the scribe may choose to take +1d. per 10 lines of writing of the testament. If the deceased had +willed by his testament any land to be sold, the money thereof +coming nor the profits of the land shall not be counted as the +goods or chattel of the deceased. Where probate fees have +customarily been less, they shall remain the same. The official +shall approve and seal the testament without delay and deliver it +to the executors named in such testaments for the said sum. If a +person dies intestate or executors refuse to prove the testament, +then the official shall grant the administration of the goods to +the widow of the deceased person, or to the next of kin, or to +both, in the discretion of the official, taking surety of them +for the true administration of the goods, chattels, and debts. +Where kin of unequal degree request the administration, it shall +be given to the wife and, at his discretion, other requestors. +The executors or administrators, along with at least two persons +to whom the deceased was indebted, or to whom legacies were made, +or, upon their refusal or absence, two honest kinsmen, shall make +an inventory of the deceased's goods, chattels, ware, +merchandise, as well moveable as not moveable, and take it upon +their oaths to the official. + +No parish priest or other spiritual person shall take a mortuary +or money from a deceased person with moveable goods under the +value of 133s., a deceased woman covert baron, a child, a person +keeping no house, or a traveler. Only one mortuary may be taken +of each deceased and that in the place where he most dwelled and +habited. Where the deceased's moveable goods are to the value of +133s. or more, above his debts paid, and under 600s., a mortuary +up to 3s. 4d. may be taken. Where such goods are 600s. or more +and under 800s., mortuary up to 6s.8d. may be taken. Where such +goods are 800s. or above, mortuary up to 10s. may be taken. But +where mortuaries have customarily been less, they shall remain +the same. + +Executors of a will declaring land to be sold for the payment of +debts, performance of legacies to wife and children, and +charitable deeds for the health of souls, may sell the land +despite the refusal of other executors to agree to such sale. + +A man may not marry his mother, step-mother, sister, niece, aunt, +or daughter. + +Only marriages which have not been consummated may be dissolved +by annulment. + +The entry of an apprentice into a craft shall not cost more than +2s.6d. After his term, his entry shall not be more than 3s.4d. +This replaced the various fees ranging from this to 40s. + +No master of a craft may require his apprentice to make an oath +not to compete with him by setting up a shop after the term of +his apprenticeship. + +No alien may take up a craft or occupation in the nation. + +No brewer of ale or beer to sell shall make wood vessels or +barrels, and coopers shall use only good and seasonable wood to +make barrels and shall put their mark thereon. Every ale or beer +barrel shall contain 32 of the King's standard gallons. The price +of beer barrels sold to ale or beer brewers or others shall be +9d. + +An ale-brewer may employ in his service one cooper only to bind, +hoop and pin, but not to make, his master's ale vessels. + +No butcher may keep a tanning-house. + +Tanned leather shall be sold only in open fairs and markets and +after it is inspected and sealed. + +Only people living in designated towns may make cloth, to prevent +the ruin of these towns by people taking up both agriculture and +cloth-making outside these towns. + +No one shall shoot in or keep in his house any hand-gun or +cross-bow unless he has 2,000s. yearly. + +No one may hunt or kill rabbits in the snow since their killing +in great numbers by men other than the King and noblemen has +depleted them. + +No one shall take an egg or bird of any falcon or hawk out of its +nest on the King's land. No one may disguise himself with hidden +or painted face to enter a forest or park enclosed with a wall +for keeping deer to steal any deer or rabbit. + +Ducks and geese shall not be taken with any net or device during +the summer, when they haven't enough feathers to fly. But a +freeholder of 40s. yearly may hunt and take such with long bow +and spaniels. + +No one may sell or buy any pheasant except the King's officers +may buy such for the King. + +No butcher may kill any calf born in the spring. + +No grain, beef, mutton, veal, or pork may be sold outside the +nation. + +Every person with 36 acres of agricultural land, shall sow one +quarter acre with flax or hemp-feed. + +All persons shall kill crows on their land to prevent them from +eating so much grain at sowing and ripening time and destroying +hay-stacks and the thatched roofs of houses and barns. They shall +assemble yearly to survey all the land to decide how best to +destroy all the young breed of crows for that year. Every village +and town with at least ten households shall put up and maintain +crow nets for the destruction of crows. + +No land used for crop-raising may be converted to pasture. + +No woods may be converted to agriculture or pasture. + +No one shall cut down or break up dikes holding salt water and +fresh water from flooding houses and pastures. + +No one shall dump tin-mining debris, dung, or rubbish into rivers +flowing into ports or take any wood from the walls of the port, +so that ships may always enter at low tide. + +A person may lay out a new highway on his land where the old one +has been so damaged by waterways that horses with carriages +cannot pass, with the consent of local officials. + +Only poor, aged, and disabled persons may beg. Begging without a +license is punishable by whipping or setting in the stocks 3 days +with only bread and water. + +Alien palm readers shall no longer be allowed into the nation, +because they have been committing felonies and robberies. + +Butchers may not sell beef, pork, mutton, or veal from carcasses +for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound. + +French wines may not sell at retail for more than 8d. per gallon. + + +A barrel maker or cooper may sell a beer barrel for 10d. + +No longer may aliens bring books into the nation to sell because +now there are sufficient printers and book-binders in the nation. + + +No one may buy fresh fish other than sturgeon, porpoise, or seal +from an alien to put to sale in the nation. + +Every person with an enclosed park where there are deer, shall +keep two tall and strong mares in such park and shall not allow +them to be mounted by any short horse, because the breeding of +good, swift, and strong horses has diminished. + +A man may have only as many trotting horses for the saddle as are +appropriate to his degree. + +No one may maintain for a living a house for unlawful games such +as bowling, tennis, dice, or cards. No artificer, craftsman, +husbandman, apprentice, laborer, journeyman, mariner, fisherman +may play these games except at Christmas under his master's +supervision. Noblemen and others with a yearly income of at least +2,000s. may allow his servants to play these games at his house. + +Hemp of flax may not be watered in any river or stream where +animals are watered. + +No one shall sell merchandise to another and then buy back the +same merchandise within three months at a lower price. No one +shall sell merchandise to be paid for in a year above the sum of +200s. per 2000s. worth of merchandise. No one shall sell or +mortgage any land upon condition of payment of a sum of money +before a certain date above the sum of 200s. per 2000s. per year. + + +No one shall commit forgery by counterfeiting a letter made in +another person's name to steal any money, goods, or jewels. + +No one shall libel by accusing another of treason in writing and +leaving it in an open place without subscribing his own name to +it. + +If any servant converts to his own use more than 40s. worth of +jewels, money, or goods from caskets entrusted to him for +safekeeping by a nobleman or other master or mistress, it shall +be a felony. + +If a person breaks into a dwelling house by night to commit +burglary or murder, is killed by anyone in that house, or a +person is killed in self-defense, the killer shall not forfeit +any lands or goods for the killing. + +Killing by poisoning shall be deemed murder and is punishable by +death. + +A person who has committed a murder, robbery, or other felony he +has committed shall be imprisoned for his natural life and be +burned on the hand, because those who have been exiled have +disclosed their knowledge of the commodities and secrets of this +nation and gathered together to practice archery for the benefit +of the foreign realm. If he escapes such imprisonment, he shall +forfeit his life. + +A person convicted or outlawed shall be penalized by loss of +life, but not loss of lands or goods, which shall go to his wife +as dower and his heirs. + +Buggery may not be committed on any person or beast. + +No one shall slander or libel the King by speeches or writing or +printing or painting. + +No one shall steal fish from a pond on another's land by using +nets or hooks with bait or by drying up the pond. + +The mayor of London shall appoint householders to supervise +watermen rowing people across the Thames River because so many +people have been robbed and drowned by these rowers. All such +boats must be at least 23 feet long and 5 feet wide. + +No man shall take away or marry any maiden under 16 years of age +with an inheritance against the will of her father. + +Any marriage solemnized in church and consummated shall be valid +regardless of any prior contract for marriage. + +Sheriffs shall not lose their office because they have not +collected enough money for the Exchequer, but shall have +allowances sufficient to perform their duties. + +Butchers, brewers, and bakers shall not conspire together to sell +their victuals only at certain prices. Artificers, workmen and +laborers shall not conspire to work only at a certain rate or +only at certain hours of the day. + +No one shall sell any woolen cloth that shrinks when it is wet. + +Only artificers using the cutting of leather, may buy and sell +tanned leather and only for the purpose of converting it into +made wares. + +A beggar's child above five years may be taken into service by +anyone that will. + +Cattle may be bought only in the open fair or market and only by +a butcher or for a household, team, or dairy, but not for resale +live. + +Butter and cheese shall not be bought to be sold again except at +retail in open shop, fair, or market. + +No man may enter a craft of cloth-making until he has been an +apprentice for seven years or has married a clothiers' wife and +practicing the trade for years with her and her servants sorting +the wools. + +No country person shall sell wares such as linen drapery, wool +drapery, hats, or groceries by retail in any incorporated town, +but only in open fairs. + +For every 60 sheep there shall be kept one milk cow because of +the scarcity of cattle. + +No clothier may keep more than one wool loom in his house, +because many weavers do not have enough work to support their +families. No weaver may have more than two wool looms. + +No cloth-maker, fuller, shearman, weaver, tailor, or shoemaker +shall retain a journeyman to work by the piece for less than a +three month period. Every craftsman who has three apprentices +shall have one journeyman. Servants in agriculture and bargemen +shall serve by the whole year and not by day wages. + +There shall be a sales tax of 12d. per pound of wool cloth goods +for the Crown. + +All people shall attend church on Sundays to remember God's +benefits and goodness to all and to give thanks for these with +prayers and to pray to be given daily necessities. + +Anyone fighting in church shall be excluded from the fellowship +of the parish community. + +No one shall use a rope or device to stretch cloth for sale so to +make it appear as more in quantity than it is. + +No one may sell cloth at retail unless the town where it was +dressed, dyed, and pressed has placed its seal on the cloth. +Cloth may not be pressed with a hot press, but only with a cold +press. + +Offices may not be bought and sold, but only granted by justices +of the royal courts. + +No one going from house to house to repair metal goods or sell +small goods he is carrying may do this trade outside the town +where he lives. + +No one may sell ale or beer without a license, because there have +been too many disorders in common alehouses. Offenders may be put +in the town or county jail for three days. + +French wine may not be sold for more than 8d. per gallon. + +Only persons with yearly incomes of 1,333s. or owning goods worth +13,333s. may store wine in his house and only for the use of his +household. + +No one may sell forged iron, calling it steel, because the edged +tools and weapons made from it are useless. + +Parish communities shall repair the highways for four days each +year using oxen, cart, plough, shovels, and spades. + +The children of priests are declared legitimate so they may +inherit their ancestor's lands. The priests may be tenants by +courtesy after the death of their wives of such land and +tenements that their wives happened to be seized of in fee simple +or in fee tail, during the spousals. + + +- Judicial Procedure - + +Doctors of the civil law may practice in the church or Chancery +courts. + +Justices shall tax inhabitants of the county for building jails +throughout the nation, for imprisonment of felons, to be kept by +the sheriffs and repaired out of the Exchequer. + +Piracy at sea or in river or creek or port are adjudicated in +shires because of the difficulty of obtaining witnesses from the +ship, who might be murdered or who are on other voyages on the +sea, for adjudication by the admiral. + +Piracy and murder on ships is punishable by death only after +confession or proof by disinterested witnesses. + +Land held by tenants in common may be partitioned by court order, +because some of these tenants have cut down all the trees to take +the wood and pulled down the houses to convert the material to +their own use. + +Persons worth 800s. a year in goods shall be admitted in trials +of felons in corporate towns although they have no freehold of +land. + +Each justice of the high courts may employ one chaplain. + +The Privy Council took the authority of the star court, which +organized itself as a specialty court. Also, a specific group of +full-time councilors heard pleas of private suitors. + +The bishops, nobility, and Justices of the Peace were commanded +to imprison clergy who taught papal authority. Justices of the +Peace and sheriffs were to watch over the bishops. The Justices +of Assize were to assess the effectiveness of the Justices of the +Peace as well as enforce the treason act on circuit. + +The criminal court had no jury and went outside the common law to +prosecute political enemies. + +Since the nation was now peaceful, expediency was no longer +needed, so judicial procedures again became lengthy and formal +with records. + +All pleadings and usually testimony was put into writing in +Chancery court. + +Witnesses could be sworn in to state pertinent facts necessary +for full understanding and adjudication of cases, because they +are reliable now that there is no livery and maintenance and +because jurors no longer necessarily know all the relevant facts. + + + + +Chapter 13 + +- The Times: 1558-1603 - + +Queen Elizabeth I was intelligent, educated, and wise about human +nature. When young, she was a brilliant student. Then, she +studied much history, philosophy, and oratory. She wrote in +English, Latin, French, and Italian. She read Greek, including +the Greek Testament, Greek orators, and Greek dramatists at age +seven, when the first professorship of Greek was founded at +Cambridge University. Book-learning was one of her highest values +throughout her life. She had good judgment in selecting her +ministers and advisors for her Privy Council. Like her father and +grandfather, she dominated Parliament. + +She was so influenced by her reading of Cicero that she acquired +his style of writing. Her Chief Secretary William Cecil was so +guided by Cicero's "Offices" that he carried a copy in his +pocket. Cicero opined that government officials' duty was to make +the safety and interest of citizens its greatest aim and to +design all their thoughts and endeavors without ever considering +personal advantage. Government was not to serve the interest of +any one group to the prejudice or neglect of the rest, for then +discord and sedition would occur. Furthermore, a governor should +try to become loved and not feared, because men hated those whom +they feared, and wished dead those whom they hated. Therefore +obedience proceeding from fear could not last, whereas that which +was the effect of love would last forever. An oppressor ruling by +terror will be resented by the citizens, who in secret will +choose a worthier person. Then liberty, having been chained up, +would be unleashed more fiercely than otherwise. To obtain the +peoples' love, a governor should be kind and bountiful. To obtain +the peoples' trust, a governor should be just, wise, and +faithful. To demonstrate this, a governor should be eloquent in +showing the people an understanding better than theirs, the +wisdom to anticipate events, and the ability to deal with adverse +events. And this demonstration should be done with modesty. One +cannot get the peoples' trust by vain shows, hypocritical +pretenses, composed countenances, and studied forms of words. The +first goal of a governor is to take care that each individual is +secured in the quiet enjoyment of his own property. The second +goal is to impose taxes that are not burdensome. The third goal +is to furnish the people with necessaries. The law should be +enforced keeping in mind that its fundamental purpose is to keep +up agreement and union among citizens. + +Elizabeth cared deeply for the welfare of all citizens of +whatever class. She was sensitive to public opinion and wanted to +be loved by her people, which she was. She was frugal and +diplomatically avoided unnecessary wars, saying that her purse +was the pockets of her people. England was a small Protestant +nation threatened by the larger Catholic nations of France and +Spain. Elizabeth flirted with foreign princes to make them waste +their time trying to get England by marrying her instead of by +war. Her promotion of commercial speculations diffused a vast +increase of wealth among her people. Her good spirits and gayness +created a happy mood in the nation. The Elizabethan era was one +of general prosperity. + +Elizabeth dressed elaborately and fancifully in dress as well as +in head apparel. Her dresses were fitted at the waist with hoops +in the skirt holding it out. There were two layers of skirt with +the top one parted to show the bottom one. The materials used +were silks, satins, velvets, and brocades. On her dress were +quiltings, slashings, and embroidery. They were covered with gold +ornaments, pearls, and gems from America. Ladies discarded their +simple dresses for elaborate ones. Married women curled their +hair and wore it in high masses on their heads. They wore hats +both indoors and outside. Single women did not wear hats, but had +long, flowing hair and low cut dresses showing their bosoms. Both +gentlemen and ladies wore large, pleated collars around their +necks, perfume, and high-heeled shoes. Gentlemen's' sleeves, +doublet, and cloak were ornamented and their silk or velvet hats +flamboyant, with feathers. There were various artistic beard cuts +and various lengths of hair, which was often curled and worn in +ringlets. They now wore breeches and stockings instead of long +hosen. Both men and women wore silk stockings and socks over them +and then boots. Coats dipped in boiled linseed oil with resin +served as raincoats. Fashions changed every year. When Elizabeth +became old, she had a wig made to match her youthful long red +hair. Other ladies began wearing wigs. + +Since so many of the women who spent their days spinning were +single, unmarried women became known as "spinsters". + +Children were given milk at meals for good growth. It was +recognized that sickness could be influenced by diet and herbs. +Sickness was still viewed as an imperfect balance of the four +elements of air, water, fire, and earth in a person. + +There were many lifestyle possibilities in the nation: +independently wealthy with 40s. yearly or goods worth 200s.; +gentleman, that is one who owned land or was in a profession such +as an attorney, physician, priest or who was a university +graduate, government official, or a military officer; employment +in agriculture, arts, sciences; employment in households and +offices of noblemen and gentlemen; independent farmers with their +own farm; fisherman or mariner on the sea or apprentice of such; +employment by carriers of grain into cities, by market towns, for +digging, seeking, finding, getting, melting, fining, working, +trying, making of any silver, tin, lead, iron, copper, stone, +coal; glassmaker. + +Typical wages in the country were: fieldworkers 2-3d. a day, +ploughmen 1s. a week with board, shepherd 6d. a week and board, +his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending on +the grain, thatching for five days 2d., master mason or carpenter +or joiner 4d. a day and food or 8d. without food, a smith 2d. a +day with food, a bricklayer 2 1/2 d. a day with food, a shoemaker +2d. a day with food. These people lived primarily on food from +his own ground. + +There was typical work for each month of the year in the country: +January -ditching and hedging after the frost broke, February - +catch moles in the meadows, March - protect the sheep from +prowling dogs, April - put up hop poles, sell bark to the tanner +before the timber is felled, fell elm and ash for carts and +ploughs, fell hazel for forks, fell sallow for rakes, fell horn +for flails, May - weed and hire children to pick up stones from +the fallow land, June - wash and shear the sheep, July - hay +harvest, August - wheat harvest, September and October - gather +the fruit, sell the wool from the summer shearing, stack logs for +winter, buy salt fish for Lent in the town and lay it up to dry, +November - have the chimneys swept before winter, thresh grain in +the barn, December - grind tools, repair yokes, forks, and farm +implements, cover strawberry and flower beds with straw to +protect them from the cold, split kindling wood with beetle and +wedge. + +There was a wave of building and renovation activity in town and +country. Housing is now, for the first time, purely for dwelling +and not for defense. A scarcity of timber caused proportionally +more stone to be used for dwelling houses and proportionately +more brick to be used for royal palaces and mansions. The rest of +the house was plaster painted white interspersed with vertical, +horizontal, and sloping timber painted black. The floors were +stone or wood, and sometimes tile. They were often covered with +rushes or plaited rush mats. Some private rooms may have carpets +on the floor. Most houses had several brick chimneys and clear +glass in the windows. There were fireplaces in living rooms, +dining rooms, kitchen, and bedrooms. Some gentry used forks for +eating. On the table was a fancy salt cellar and pepper. +Breakfast was substantial, with meat, and usually eaten in one's +bedroom. Rooms were more spacious than before and contained +furniture such as chests, cupboards, tables, stools and benches +with backs and cushions, sometimes with arms, and occasionally +wardrobes for clothes. Windows had curtains. Carpeting covered +tables, chests and beds. Bedrooms all led out of each other. +Often family members, servants, and friends shared the same bed +for warmth or convenience. Each bedroom typically had a cabinet +with a mirror and comb on top. Toothpicks were use often. One +brushed his teeth with tooth soap and a linen cloth, as +physicians advised. Each bedroom had a pitcher and water bowl for +washing in the morning, and a bed-pan for nighttime use. +Elizabeth had a room just for her bath. Walls were smoothly +plastered or had carved wood paneling to control drafts. +Plastered ceilings and a lavish use of glass made rooms lighter +and cozy. Broad and gracious stairways replaced the narrow +winding stone steps of a stairwell. + +Most dwellings were of brick and stone. Only a few were of wood +or mud and straw. The average house was now four rooms instead of +three. Yeomen might have six rooms. A weaver's house had a hall, +two bedrooms, and a kitchen besides the shop. Farmers might have +two instead of one room. A joiner [woodworker who finishes +interior woodwork such as doors and makes furniture] had a +one-room house with a feather bed and bolster. Even craftsmen, +artificers and farmers had feather beds on bed frames with +pillows and hung tapestry to keep out the cold in their single +story homes. They also had pewter spoons and plates, instead of +just wood or earthenware ones. Richer farmers would build a +chamber above the hall, replacing the open hearth with a +fireplace and chimney. Poorer people favored ground floor +extensions, adding a kitchen or second bedchamber to their +cottages. Kitchens were often separate buildings to reduce the +risk of fire. + +More than medieval castles and manor houses, mansions were +designed with privacy in mind. The great hall was not abandoned, +but the family used it as an eating place only on rare occasions. +Instead they withdrew to the parlor and great chamber, while +their servants lived in turrets or attics and continued to eat in +the hall. The distinction between parlor and great chamber was +that the former was for domestic use and the latter for +entertaining. Parlors were situated on the ground floor: the +family lived and relaxed there, and had informal meals in a +dining parlor. The formal or "state" rooms were on the first +floor, usually comprising a great chamber, a withdrawing chamber, +one or more bedchambers, and a long gallery. The idea of a long +gallery was copied from Henry VII and was used for exercise, +recreation such as music and dancing, and private conversations. +Each room had carved chairs and cabinets. A noble or gentleman's +house had not only a garden for the kitchen and orchards, but +formal gardens of flowers and scrubs. Grown were apples, plums, +pears, apricots, peaches, walnuts, filberts, almonds, figs, +capers, oranges, and lemons. Trees were planted and grafted. + +A noble lord made written rules with penalties for his country +household, which numbered about a hundred, including family and +servants. He enforced them by fines, flogging, and threats of +dismissal. The lady of the house saw that the household, held +together as an economic and social unit. The noble's family, +guests, and the head servants, such as chaplain and children's +tutor, dined together at one table. The family included step +children and married sons and daughters with their spouses. They +drank from drinking cups of clear glass. They ate with silver +spoons. Chandeliers of candles lit rooms. A silver salt cellar +was on the table, which was covered with a linen cloth. The lady +of the house sat in a chair at the end of the table and was +served first. After the upper table was served, the food was sent +to the servants: serving men and women, bakers, brewers, cooks, +pot cleaners, laudresses, shepherds, hogherds, dairy maids, +falconers, huntsmen, and stable men. What was left was given to +the poor at the gates of the house. The biggest meal of the day +was dinner, served at noon. There were sandglass clocks. For +amusement, the house was occasionally handed over to a lord of +misrule for twelve days. + + +Farmers' wives used looms as well as spinning wheels with foot +treadles. Due to new grass and root crops, animals could be kept +through the winter. Therefore, salted meat and salted fish were +no longer the staple food of the poorer people during the winter. +Farm laborers ate soup, porridge, milk, cheese, bacon, and beer +or mead (depending on the district), and dark barley or rye +bread, which often served as his plate. Gentlemen ate wheat +bread. + +By 1600 basement services were frequently found in town houses +built on restricted sites. Lastly, provision of water supplies +and improved sanitary arrangements reflected concern with private +and public health. There was virtually no drainage. In the case +of town houses, some owners would go to considerable effort to +solve drainage problems, often paying a cash composition to the +civic authorities, but sometimes performing some service for the +town at Court or at Westminster in return for unlimited water or +some drainage. Most affluent households, including the Queen's +moved from house to house, so their cesspits could be cleaned out +and the vacated buildings aired after use. A few cesspits were +made air-tight. Otherwise, there was extensive burning of +perfumes. Refuse was emptied out of front doors and shoveled into +heaps on street corners. It was then dumped into the river or +along the highways leading out of town. People put on perfume to +avoid the stench. Near the end of the century, the first +water-closet was built, which provided a clean latrine all year +round. + +The value of grain and meat rose compared to wool. Grain became +six times its value in the previous reign. Wool fell from 20s.8d. +per tod in 1546 to 16s. in 15s. So sheep-farming, which had taken +about 5% of the arable land, was supplanted somewhat by +crop-raising and the rural population could be employed for +agriculture. In some places, the threefold system of rotation was +replaced by alternating land used for crops with that used for +pasture. The necessity of manuring and the rotation of crops and +grasses such as clover for enrichment of the soil was recognized. +Wheat, rye, barley, peas, and beans were raised. There was much +appropriation of common land by individual owners by sale or +force. Many farms were enclosed by fences or hedges so that each +holder could be independent of his neighbors. A laborer could +earn 6d. a day in winter and 7d. a day in summer. Unfree +villeinage ceased on the royal estates. But most land was still +farmed in common and worked in strips without enclosure. +Prosperous traders and farmers who owned their own land assumed +local offices as established members of the community. + +The population of the nation was about five million, where it +remained for the next 2 1/2 centuries. 90% of the population +lived in the countryside and 5% in the London and 5% in the other +towns. Over half the population of the nation were on the margin +of subsistence. Life expectancy was 40 years of age. + +Most of London was confined within the city wall. There were +gardens both inside and outside the walls, and fields outside. No +part of the city was more than a ten minute walk to the fields. +Some wealthy merchants had four story mansions or country houses +outside the city walls. Goldsmiths' Row was replete with four +story houses. A few wealthy merchants became money-lenders for +interest, despite the law to the contrary. The mayor of London +was typically a rich merchant prince. Each trade occupied its own +section of the town and every shop had its own signboard, for +instance, hat and cap sellers, cloth sellers, grocers, butchers, +cooks, taverns, and book-sellers. Many of the London wards were +associated with a craft, such as Candlewick Ward, Bread St. Ward, +Vintry Ward, and Cordwainer Ward. Some wards were associated with +their location in the city, such as Bridge Ward, Tower Ward, +Aldgate Ward, Queenhithe Ward, and Billingsgate Ward. People +dwelled at the back or on the second floor of their shops. In the +back yard, they grew vegetables such as melons, carrots, turnips, +cabbages, pumpkins, parsnips, and cucumbers; herbs; and kept a +pig. Hyde Park was the Queen's hunting ground. London had a small +zoo of ten animals, including a lion, tiger, lynx, and wolf. + +Life in London was lived in the open air in the streets. The +merchant transacted business agreements and the lawyer saw his +clients in the street or at certain pillars at St. Pauls' Church, +where there was a market for all kinds of goods and services. +Some gentlemen had offices distant from their dwelling houses +such as attorneys, who had a good income from trade disputes and +claims to land, which often changed hands. Plays and recreation +also occurred in the streets, such as performances by dancers, +musicians, jugglers, clowns, tumblers, magicians, and men who +swallowed fire. The churches were continuously open and used by +trades and peddlers, including tailors and letter-writers. +Soldiers, adventurers, physicians, apprentices, prostitutes, and +cooks were all distinguishable by their appearances. An ordinance +required apprentices to wear long blue gowns and white breeches +with stockings, with no ornamentation of silk, lace, gold or +silver and no jewelry. They could wear a meat knife, but not a +sword or dagger. Apprentices lived with their masters and worked +from 6 or 7 a.m. to 9 p.m. Some people knitted wool caps as they +walked to sell when finished. Large merchant companies had great +halls for trade, such as the mercers, grocers, drapers, +fishmongers, and goldsmiths. The other great guilds were the +skinners, merchant tailers, haberdashers, salters, ironmongers, +vintners, and clothworkers. Smaller guilds were those of the +bakers, weavers, fruiterers, dyers, Thames watermen and +lightermen, carpenters, joiners, turners, and parish clerks. The +guilds insured quality by inspecting goods for a fee. From 11571, +merchants could meet at the Royal Exchange building for business +purposes. It's great bell rang at midday and at 6 p.m. + +Taverns served meals as well as ale. They were popular meeting +places for both men and women of all backgrounds to met their +friends. Two taverns in particular were popular with the +intelligentsia. Music was usually played in the background and +games were sometimes played. + +The main thoroughfare in London was still the Thames River. +Nobles living on the river had their own boats and landings. Also +at the banks, merchants of all nations had landing places where +ships unloaded, warehouses, and cellars for goods and +merchandise. Swans swam in the clear bright water. Watermen rowed +people across the river for a fee. On the south bank of the river +were theaters, outlaws, cutpurses, prostitutes, and prisons. In +the summer, people ate supper outside in public. Refuse is still +thrown into the streets. At night, the gates of the city were +closed and citizens were expected to hang out lanterns. The +constable and his watchmen carried lanterns and patrolled the +streets asking anyone they saw why they were out so late at +night. There were a few horse-drawn coaches. + +The Queen's Privy Council fixed wages and prices in London, +advised Justices of the Peace on wages elsewhere, and controlled +exports of grain to keep prices down and supplies ample. There +were labor strikes in some towns for higher wages after periods +of inflation. In 1591, London authorities rounded up the sturdy +vagabonds and set them to work cleaning out the city ditches for +4d. per day. + +Most of the men in Elizabeth's court had attended a university, +such as the lawyer and writer Francis Bacon and the sea-fighter +and writer Walter Raleigh, who had a humble origin. Many wives +and daughters of Privy Councilors attended the Queen in her privy +chamber. Most of the knights or gentlemen of the royal household +were also members of Parliament or Justices of the Peace for +certain districts in the counties. The court did not travel as +much as in the past, but became associated with London. Elizabeth +took her entire court on summer visits to the country houses of +leading nobility and gentry. + +Secular education and especially the profession of law was the +route for an able but poor person to rise to power, rather than +as formerly through military service or through the church. + +The first stage of education was primary education, which was +devoted to learning to read and write in English. This was +carried out at endowed schools or at home by one's mother or a +tutor. The children of the gentry were usually taught in their +homes by private teachers of small classes. Many of the poor +became literate enough to read the Bible and to write letters. +However, most agricultural workers and laborers remained +illiterate. + +The next stage of education was grammar [secondary] school. There +a student was taught rhetoric (e.g. poetry, history, precepts of +rhetoric, and classical oratory), some logic, and Latin and Greek +grammar. English grammar was learned through Latin grammar and +English style through translation from Latin. Literary criticism +was learned through rhetoric. The secondary student and the +undergraduate were tested for proficiency by written themes and +oral disputations, both in Latin. Grammar schools were headed by +schoolmasters. There were so many secondary schools established +by merchants and guilds that every incorporated town had at least +one. The middle classes from the squire to the petty tradesman +were brought into contact with the best Greek and Roman writers. +A typical schoolday lasted from 7:00 am to 5:00 PM. Flogging with +a birch rod was used for discipline. Some students learned this +material from a tutor rather than school. + +The government of Oxford University, which had been Catholic, was +taken from the resident teachers and put into the hands of the +Vice-Chancellor, Doctors, Heads of Colleges, and Proctors. Then +Oxford became a hotbed of Puritanism. Cambridge already had a +strong reformed element from Erasmus' influence. Oxford +University and Cambridge University were incorporated to have a +perpetual existence for the virtuous education of youth and +maintenance of good literature. The Chancellors, masters, and +scholars had a common seal. Undergraduate students entered at age +16 and resided in rooms in colleges rather than in scattered +lodgings. Each undergraduate student had a tutor and those not +seeking a degree could devise his own course of study with his +tutor's permission. Many students who were working on the seven +year program for a Master's Degree went out of residence at +college after the four year's "bachelor" course. Students had +text books to read rather than simply listening to a teacher read +books to them. Oxford was authorized to and did acquire its own +printing press. Examination was still by disputation. Students +acted in Latin plays. If a student went to a tavern, he could be +flogged. For too elaborate clothing, he could be fined. Fines for +absence from class were imposed. + +All students had to reside in a college or hall, subscribe to the +39 articles of the university, the Queen's supremacy, and the +prayer book. Meals were taken together in the college halls. The +universities were divided into three tables: a fellows' table of +earls, barons, gentlemen, and doctors; a second table of masters +of arts, bachelors, and eminent citizens, and a third table of +people of low condition. Professors, doctors, masters of arts and +students were all distinguishable by their gowns. + +Undergraduate education was considered to be for the purpose of +good living as well as good learning. It was to affect the body, +mind, manners, sentiment, and business. The university curriculum +included Latin and Greek languages and was for four years. The +student spent at least one year on logic (syllogizing, induction, +deduction, the thirteen classical fallacies, and the application +of logic to other studies), at least one year on rhetoric, and at +least one year on philosophy. The latter included physics, +metaphysics, and ethics (domestic principles of government, +military history, diplomatic history, and public principles of +government), and mathematics (arithmetic, geometry, algebra, +astronomy, music, optics). + +About 1564, the curriculum was changed to two terms of grammar, +four terms of rhetoric, five terms of dialectic (examining ideas, +opinions logically), three terms of arithmetic, and two terms of +music. There were now negative numbers, irrational numbers, and +imaginary numbers. Also available were astrology, and alchemy, +cultivation of gardens, and breeding of stock, especially dogs +and horses. Astronomy, geometry, natural and moral philosophy, +and metaphysics were necessary for a master's degree. + +There were graduate studies in theology, medicine, music, and +law, which was a merging of civil and canon law together with +preparatory work for studying common law at the Inns of Court in +London. Medical texts were Hippocrates and Galen. These viewed +disease as only part of the process of nature, without anything +divine. They stressed empiricism, experience, collections of +facts, evidences of the senses, and avoidance of philosophical +speculations. Galen's great remedies were proper diet, exercise, +massage, and bathing. Greek medicinal doctrines were assumed, +such as preservations of the health of the body was dependent on +air, food, drink, movement and repose, sleeping and waking, +excretion and retention, and the passions. + +In London, legal training was given at the four Inns of Court. +Many young gentry were educated there and later became members of +Parliament or Justices of the Peace. They often also studied and +attended lectures on astronomy, geography, history, mathematics, +theology, music, navigation, foreign languages, and lectures on +anatomy and medicine sponsored by the College of Physicians. A +tour of the continent became a part of every gentleman's +education. + +All forms of English literature were now in print, except for +plays. The idea of Copernicus published in 1543 that the earth +revolves around the sun in a solar system was considered along +with the prevailing belief that the earth was at the center. + +Many people kept diaries. Letter-writing was frequent at court. +There was much reading of romances, jest books, histories, plays, +prayer collections, and encyclopedias. In schools and gentry +households, favorite reading was Edmund Spenser's "Faerie Queen" +about moral virtues and the faults and errors which beset them, +Erasmus' New Testament, "Paraphrases", "Colloquies", and +"Adages", Sir Thomas North's edition of Plutarch's "Lives of the +Noble Grecians and Romans", Elyot's "The Book Named the +Governor", and Hoby's translation of "The Courtier". At a more +popular level were Caxton's "The Golden Legend", Baldwin's +"Mirror for Magistrates", sensational stories and pamphlets, +printed sermons, chronicles, travel books, almanacs, herbals, and +medical works. English fiction began and was read. At the lowest +level of literacy were ballads describing recent events. Next to +sermons, the printing press was kept busiest with rhymed ballads +about current events. Printed broadsheets on political issues +could be distributed quickly. + +William Shakespeare, a glove-maker's son, wrote plays about +historical events and plays which portrayed various human +personalities and their interactions with each other. They were +enjoyed by all classes of people. His histories were especially +popular. The Queen and various earls each employed players and +actors, who went on tour as a troupe and performed on a round +open-air stage, with people standing around to watch. In London, +theaters such as the Globe were built specifically for the +performance of plays, which had been performed at inns. There +were costumes, but no sets. Ordinary admission was 2d. Before +being performed, a play had to be licensed by the Master of the +Revels to make sure that there was nothing detrimental to the +peace and public order. The common people still went to morality +plays, but also to plays in which historical personages were +portrayed, such as Richard II, Henry IV, and Henry V. Some plays +were on contemporary issues. Musicians played together as +orchestras. Music and singing was a popular pasttime after +supper; everyone was expected to participate. Dancing was popular +with all classes. Gentlemen played cards, dice, billiards, +tennis, and fencing. + +Sports included tennis, wrestling, football between villages with +the goal to get the ball into one's own village, fencing, and +games at horseback. Country people had music, dancing and +pantomime shows with masks. There were many tales involving +fairies, witches, devils, ghosts, evil spirits, angels, and +monsters enjoyed by adults as well as children. There were +parties for children. + +The merry guild-feast was no longer a feature of village life. +There were fewer holidays and festivals. The most prosperous +period of the laborer was closing. An agricultural laborer's +yearly wage was about 154s., but his cost of living, which now +included house rent, was about 160s. a year. In 1533, daily wages +in the summer for an agricultural laborer were about 4d. and for +an artisan 6d. In 1563 in the county of Rutland, daily wages for +laborers were 7d. in summer and 6d. in winter; and for artisans +were 9d. in summer and 8d. in winter. + +Because physicians were allowed to dissect corpses, there were +anatomy textbooks and anatomy was related to surgery. A visit by +a doctor cost 13s.4d. Melancholia, which made one always fearful +and full of dread, and mania, which made one think he could do +supernatural things, were considered to be different types of +madness from infirmities of the body. + +There were endowed hospitals in London for the sick and infirm. +One hospital was headed by the physician who was to discover the +circulation of the blood. There were others for orphans, for +derelict children, and for the destitute. They worked at jobs in +the hospital according to their abilities. There was also a house +of correction for discipline of the idle and vicious by +productive work. + +At given times, everyone was to throw buckets of water onto the +street to cleanse it. During epidemics in towns, there was +quarantine of those affected to stay in their houses unless going +out on business. Their houses were marked and they had to carry a +white rod when outside. The quarantine of a person lasted for +forty days. The straw in his house was burned and his clothes +treated. People who died had to be buried under six feet of +ground. + +Communities were taxed for the upkeep and relief of the prisoners +in the jails in their communities. + +Church services included a sermon and were in accordance with a +reformed prayer book and in English, as was the Bible. Communion +of participants replaced mass by priests. Elizabeth was not +doctrinaire in religious matters, but pragmatic. She always +looked for ways to accommodate all views on what religious +aspects to adopt or decline. Attendance at state church services +was enforced by fines. People could hold what religious beliefs +they would, even atheism, as long as they maintained an outward +conformity. For instance, babies were to be baptized before they +were one month old or the parents would be punished. + +There was difficulty persuading educated and moral men to be +ministers. This led to the growth of the Puritan movement. The +Puritans complained that the church exerted insufficient control +over the morals of the congregation. They thought that ministers +and lay elders of each parish should regulate religious affairs +and that the bishops should be reduced to an equality with the +rest of the clergy. The office of archbishop should be eliminated +and the head of state should not necessarily be governor of the +church. Their ideas of morality were very strict and even plays +were though to be immoral. + +The debased coinage was replaced by a recoinage of newly minted +coins with a true silver weight. + +Goldsmiths, who also worked silver, often acted as guardians of +clients' wealth. They began to borrow at interest at one rate in +order to lend out to traders at a higher rate. This began +banking. + +There was chartering of merchant companies and granting of +exclusive rights to new industries as monopolies. Some monopolies +or licenses were patents or copyrights. Others established +trading companies for trade to certain foreign lands and +supporting consular services. New incorporated companies were +associations of employers and often included a number of trades, +instead of the old guilds which were associations of actual +workers. Town government was often controlled by a few merchant +wholesalers. The entire trade of a town might be controlled by +its drapers or by a company of the Merchant Adventurers. The +charter of the latter as of 1564 allowed a common seal, perpetual +existence, liberty to purchase lands, and liberty to exercise +their government in any part of the nation. There were policies +of insurance given by groups of people for losses of ships and +their goods. + +There were monopolies on cloth, tin, starch, fish, oil, vinegar, +and salt. New companies were incorporated for many trades, the +ostensible reason being the supervision of the quality of the +wares produced in that trade. (Shoemakers, haberdashers, +saddlers, and curriers exercised close supervision over these +wares.) They paid heavily for their patents or charters. + +Patents were for a new manufacture of an improved older one and +determined the wages of its trades. + +The prosperous merchants began to form a capitalistic class as +capitalism grew. Competition for renting farm land, previously +unknown, caused these rents to rise. The price of wheat rose to +an average of 14s. per quarter, thereby encouraging tillage once +more. There was steady inflation. + +The breed of horses and cattle was improved and more intelligent +use was made of manure and dressings. New vegetables, gotten from +the continent, included carrots and celery. Hops to flavor beer +came into use. + +There are locks and canals as well as rivers. At London Bridge, +water-wheels and pumps are installed. There are now four royal +postal routes from London to various corners of the nation. +Horses are posted along the way for the mail-deliverer's use. +However, private mail still goes by packman or common carrier. +There were compasses with a bearing dial on a circular plate with +degrees up to 360 noted. The nation's inland trade developed a +lot. There were many more wayfaring traders operating from town +inns. There were new industries such as glassware, iron, +brasswares, alum and coppers, gunpowder, papeer, coal, and sugar. +Coal was used for fuel as well as wood, which was becoming +scarce. Small metal goods, especially cutlery, was made, as well +as nails, bolts, hinges, locks, ploughing and harrowing +equipment, rakes, pitch forks, shovels, spades, and sickles. Lead +was used for windows and roofs. Copper and brass were used to +make pots and pans. Pewter was used for plates drinking vessels, +and candlesticks. Iron was used for fire-backs, pots, and +boilers. Also in use was canvas, lead, and rice. Competition was +the mainspring of trade and therefore of town life. + +Parliament enacted laws and voted taxes. The Queen, Lords, and +Commons cooperated together. There was little dissension or +debating. There were many bills concerning personal, local, or +sectional interests, but priority for consideration was given to +public measures. The knights in the commons were almost +invariably from the county's leading families and chosen by +consensus in the county court. The commons gradually won for its +members freedom from arrest without its permission and the right +of punishing and expelling members for crimes committed. Tax on +land remained at 10% of its estimated yearly income. The Queen +deferred to the church convocation to define Christian faith and +religion, thus separating church and state functions. + +The Treasury sought to keep a balanced budget by selling royal +land and keeping Crown expenditures down. The Crown carried a +slight debt incurred before the Queen's accession. + +After exhausting every other alternative, the Queen agreed on the +execution of Mary, Queen of Scots, for being involved in a plot +to assassinate her and claim the throne of England. + +Francis Drake sailed around the world from 1577 to 1580. Walter +Ralegh made an expedition to North America in 1584 and named +Virginia in honor of the Queen, who was a virgin. Drake and +Ralegh plundered Spanish ships for American gold and silver, much +of which was used to pay for the war with Spain, which planned to +invade England, even after the unsuccessful attempt by the +Spanish Armada in 1588. The two hundred English ships were built +to sink other ships rather than to board and capture them. The +English guns outranged the Spanish guns. So the smaller English +ships had been able to get close enough to the big Spanish +troop-transport galleons to shoot them up without being fired +upon. The direction of the wind forced the Spanish galleons +northward, where most of them were destroyed by storms. + +The puritan movement included William Brewster, an assistant to a +court official who was disciplined for delivering, upon pressure +from the council, the Queen's signed execution order for Mary of +Scotland after the Queen had told him to hold it until she +directed otherwise. + + +- The Law - + +Wearing of velvet or embroidery is restricted to those with an +income over 40,000s. The wearing of satin or silk is restricted +to those with an income over 20,000s. + +No one shall make false linen by stretching it and adding little +pieces of wood, which is so weak that it comes apart after five +washings. + +Timber shall not be felled to make logs for fires for the making +of iron. + +No one may take small fish to feed to dogs and pigs. Only nets +with mesh leaving three inches spaces may be used to catch fish. + +No attainder shall result in the forfeiture of dower by the +offender's wife nor disinheritance of his heirs. + +The following statute of artificers regulated labor for the next +two centuries: + +No master or mistress may employ a servant for a term less than +one year in the crafts of clothiers, woolen cloth weavers, +tuckers, fullers, clothworkers, sheermen, dyers, hosiers, +tailors, shoemakers, tanners pewterers, bakers, brewers, +glove-makers, cutlers, smith, farriers, curriers, saddlers, +spurriers, turners, cappers, hatmakers, feltmakers, bowyers, +fletchers, arrow-head-makers, butchers, cooks, or millers, so +that agriculture will be advanced and idleness diminished. Also, +every craftsman unmarried or under age 30 who is not working must +accept employment by any person needing the craft work. Also, any +common person between 12 and 60 who is not working must accept +employment in agriculture. And, unmarried women between 12 and 40 +may be required by town officials to work by the year, the week, +or day for wages they determine. + +All artificers and laborers hired by the day or week shall work +from 5 am to 7 PM. All artificers must labor at agriculture at +haytime and harvest to avoid the loss of grain or hay. Every +householder who raises crops may receive as an apprentice a child +between 10 and 18 to serve in agriculture until he is age 21. A +householder in a town may receive a child as an apprentice for 7 +years, but merchants may only take as apprentices children of +parents with 40s. freehold. (This was designed to inhibit +migration to the towns.) + +No one may be a craftsman until he has served seven years as an +apprentice. These artificers may have children as apprentices: +smith, wheelmaker, ploughmaker, millmaker, miller, carpenter, +rough mason, plasterer, a timber sawer, an ore burner, a lime +burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate +roofs, layer of wood shingle roofs, layer of straw roofs, cooper, +earthen potter, linen weaver, housewife who weaves wool for sale +or for household use. + +Fish, but no meat, may be eaten on Wednesdays so that there will +be more fishermen and mariners and repair of ports. (This was +done because fishing had declined since the dissolution of the +monasteries. Eating fish instead of meat in Lent in the +springtime remained a tradition.) + +For repairing of highways, the supervisors may take the rubbish +or smallest stones of any quarry along the road in their +precinct. + +Embezzlement or theft by a servant of his master's goods of 40s. +or more is a felony. + +No one shall forge a deed of land, charter, sealed writing, court +roll or will. + +No one shall libel or slander so as to cause a rebellion. + +Cut-purses and pick-purses shall not have benefit of clergy. + +A debtor may not engage in a fraudulent collusion to sell his +land and goods in order to avoid his creditors. + +A person robbing a house of 5s. by day when no one is there shall +not have benefit of clergy, because too many poor persons who +cannot hire a servant to look after their house when they go to +work have been robbed. + +The price of barrels shall be set by mayors of the towns where +they are sold. + +No man under the degree of knight may wear a hat or cap of +velvet. Caps may not be made of felt, but only knit wool. Only +hats may be made of felt. This is to assist the craft of making +wool caps. + +Rugs shall weigh 44 pounds at least and be 35 yards at least in +length and at most 3/4 yard wide. + +The incorporated company of ship masters may erect beacons and +marks on the seashores and hills above, because certain steeples +and other marks used for navigation have fallen down and ships +therefore have been lost in the sea. + +There shall be one sheriff per county, because now there are +enough able men to supply one per county. + +Trials of noblemen for treason shall be by their peers. + +A native or denizen merchant in wholesale or retail goods who +leaves the nation to defraud his creditors shall be declared a +bankrupt. The Chancellor may conduct an investigation to +ascertain his land, house, and goods, no matter who may hold +them. They shall be appraised and sold to satisfy his debts. + +Loan contracts for money lent may not be for more than 200s. for +each 2000s. yearly. All loans of money or forbearing of money in +sales of goods for less than this shall be punishable by forfeit +of the interest only. + +Every person over 7 years of age shall wear a wool knitted cap on +Sundays, except maidens, ladies, gentlewomen, noble persons, and +every lord, knight, and gentlemen with 2,667s. of land. + +No cattle may be put in any enclosed woods that have been growing +less than five years. At the end of five years growth, calves may +be put in. At the end of six years growth, cattle may be put in. + +The mother and reputed father of any bastard who has been left to +be kept at the parish where born must pay weekly for the upkeep +and relief of such child, so that the true aged and disabled of +the parish get their relief and to punish the lewd life. + +No master at a university may lease any land unless 1/3 of it is +retained for crop-raising to supply the colleges and halls for +food for their scholars. + +Persons with 100s. in goods or 40s. in lands shall find two able +men in their parish community to repair the highways yearly. + +Landowners of Oxford shall be taxed for the repair of the highway +and bridge there. + +Woods around London shall not be felled to be converted to coals +for iron-works because London needs the wood to make buildings +and for fire-places. + +Every melter and maker of wax from honeycombs shall put his mark +on every piece of his wax to be sold. Wrought wax such as in +lights, staff-torches, red wax or sealing wax, book candles, or +searing candles shall bear its maker's mark. All barrels of honey +shall bear the mark of the honeymaker. + +Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and +caps shall be dyed black only with dye from the woad plant and +not with any false black dye. + +No one shall take or kill any pheasants with nets or devices at +nighttime because such have become scarce. + +Lands, tenements, goods and chattels of accountants teller, or +receiver who are in debt may be obtained by court order to +satisfy the debt by garnishing the heir of the debtor after the +heir has reached 21 and for the 8 years next ensuing. + +Fraudulent and secret conveyances made to retain the use of one's +land when one sells the land to a bona fide purchaser for value +in fee simple, fee tail, for life, for lives, or for years are +void. + +No new iron mills or furnaces for making or working of any iron +or iron metal shall be established in the country around London +and the owners of carriages of coals, mines and iron which have +impaired or destroyed the highways shall also carry coal ashes, +gravel, or stone to repair these highways or else make a payment +of 2s.6d. for each cart load not carried. + +No one shall bribe an elector to vote for a certain person for +fellow, scholar, or officer of a college, school, or hall or +hospital so that the fittest persons will be elected, though +lacking in money or friends, and learning will therefore be +advanced. + +Cottage and dwelling houses for workmen or laborers in mineral +works, coal mines, or quarries of stone or slate for the making +of brick, tile, lime, or coals shall be built only within a mile +from such works. Dwelling houses beyond this must be supported by +four acres of land to be continually occupied and manured as long +as the dwelling house is inhabited or forfeit 40s. per month to +the Queen. Cottages and dwelling houses for sailors or laborers +working on ships for the sea shall be built only within a mile of +the sea. A cottage may be built in a forest or park for a +game-keeper of the deer. A cottage may be built for a herd-man or +shepherd for the keeping of cattle or sheep of the town. A +cottage may be built for a poor, lame, sick, aged, or disabled +person on waste or common land. More families than one may not be +placed in one cottage or dwelling house. + +A vagabond or mighty strong beggar [able to work] shall be +whipped. + +Any person with land in fee-simple may establish a hospital, +abiding place, or house of correction to have continuance forever +as a corporation for the sustenance and relief of the maimed, +poor, or disabled people as to set the poor to work. The net +income shall not exceed 40,000s. yearly. + +Troops of vagabonds with weapons in the highways who pretend to +be soldiers or mariners have committed robberies and murders. So +all vagabonds shall settle down in some service or labor or +trade. + +Pontage [toll for upkeep and repair of bridges] shall be taken at +certain bridges: carts 2d., horse and pack 1d., a flock of sheep +2d. + +Crown officials such as treasurers, receivers, accountants, and +revenue collectors shall not embezzle Crown funds and shall be +personally liable for arrears. + +Churchwardens of every parish shall oversee the poor in their +parish. They shall, with consent of the Justices of the Peace, +set to work children whose parents cannot maintain them and also +set to work married or unmarried persons who have no trade and no +means to maintain themselves. Churchwardens shall tax every +inhabitant, including parson and vicar and every occupier of land +and houses as they shall think fit. There will be a convenient +stock of flax, hemp, wool, thread, iron and other necessary ware +and stuff to set the poor on work. There will be competent sums +of money for the relief of the lame, impotent, old, blind, and +others not able to work, and also for the putting out of children +to be apprentices. Child apprentices may be bound until 21 years +of age or until time of marriage. They shall account to the +Justices of the Peace for all money received and paid. The +penalty for absence or neglect is 20s. If any parish cannot raise +sufficient funds, the Justices of the Peace may tax other nearby +parishes to pay, and then the hundred, and then the county. +Grandparents, parents, and children of every poor, old, blind, +lame, or impotent person not able to work, being of sufficient +ability, shall at their own charge, relieve and maintain every +such poor person in that manner and according to that rate as +Justices of the Peace of that county determine, or forfeit 20s. +per month. Two Justices of the Peace may commit to jail or house +of correction persons refusing to work and disobedient +churchwardens and overseers. The overseers may, with the consent +of the lord of the manor, build houses on common or waste land +for the poor at the expense of the parish, in which they may +place more than one family in each houses. + +Every parish shall pay weekly 2-10d. toward the relief of sick, +hurt, and maimed soldiers and mariners. Counties with more than +fifty parishes need pay only 2-6d. The county treasurer shall +keep registers and accounts. Soldiers begging shall lose their +pension and shall be adjudged a common rogue or vagabond subject +to imprisonment and punishment. + +Defendants may not petition to remove a case to the Westminster +courts after a jury is selected because such has resulted in +unnecessary expense to plaintiffs and delay for defendants in +which they suborn perjury by obtaining witnesses to perjure +themselves. + +Sheriffs summoning defendants without a writ shall pay 200s. and +damages to the defendant, and 400s. to the King. + +Persons stealing crops from lands or fruit from trees shall be +whipped. + +Since administrators of goods of people dying intestate who fail +to pay the creditors of the deceased often can't pay the debts +from their own money, the people (who are not creditors) +receiving the goods shall pay the creditors. + +Persons forcibly taking others across county lines to hold them +for ransom and those taking or giving blackmail money and those +who burn barns or stacks of grain shall be declared felons and +shall suffer death, without any benefit of clergy or sanctuary. + +A proclamation in 1601 reformed the hated monopolies. + + +- Judicial Procedure - + +Jurors shall be selected from those people who have at least 80s. +annual income instead of 40s. because sheriffs have been taking +bribes by the most able and sufficient freeholders to be spared +at home and the poorer and simpler people, who are least able to +discern the causes in question, and most unable to bear the +charges of appearance and attendance in such cases have been the +jurors. + +Defendants sued or informed against upon penal statutes may +appear by attorney so that they may avoid the inconvenience of +traveling a long distance to attend and put to bail. + +No only sheriffs, but their employees who impanel juries or +execute process in the courts shall take an oath of office. + +A hundred shall answer for any robbery therein only if there has +been negligence or fault in pursuit of the robber after a hue and +cry is made because the past law has been too harsh and required +payment for offenses from people unable to pay who have done +everything reasonable to catch the robber. + +The Star Chamber became the central criminal court after 1560, +and punished perjury, corruption, and malfeasance throughout the +legal system. + +Suits on titles to land were restricted to the common law courts +and no longer to be heard in the Star Chamber, Chancery court, or +in the Court of requests. + +The Queen's Privy Council frequently issued orders to Justices of +the Peace, for instance to investigate riots and crimes, to +enforce the statutes against vagrancy and illegal games, to +regulate alehouses, to ensure that butchers, innkeepers, and +victuallers did not sell meat on fish days, and to gather +information needed from the counties. + +The Judges of Assize rode on circuit twice a year to enforce the +criminal law and reported their assessment of the work of the +Justices of the Peace back to the Privy Council. Accused people +could wait for years in jail before their case was heard. + +The Privy Council investigated sedition and treason, security of +the regime, major economic offenses, international problems, +civil commotion, officials abusing their positions, and persons +perverting the course of justice. The formal trials of these +offenses would be held elsewhere. + +The duty to hear and determine felonies was taken from Justices +of the Peace by 1590. The Judges of Assize did this work. + +The Justices of the Peace decided misdemeanors such as abduction +of heiresses, illegal entry, petty thievery, damage to crops, +fence-breaking, brawling, personal feuds, drunken pranks, +swearing, profanation of the Sabbath, alehouse nuisances, +drunkenness, perjury, and malfeasance by officials. + +The Justices of the Peace had administrative duties in control of +vagrancy, upkeep of roads and bridges, and arbitration of +lawsuits referred to them by courts. They listed the poor in each +parish community, assessed rates for their maintenance, and +appointed overseers to administer the welfare system, deploying +surplus funds to provide houses of correction for vagrants. Raw +materials such as wool, flax, hemp, and iron were bought upon +which the able-bodied unemployed could be set to work at the +parochial level. They determined wages in their districts with no +statutory ceiling on them. There were about 50 Justices of the +Peace per county. All were unpaid. They performed these duties +for the next 200 years. + +Pleadings had to be in writing and oral testimony was given by +sworn witnesses. Case decisions are in books compiled by various +reporters who sit in on court hearings rather than in year books. + +In the common law courts, the action of assumpsit for enforcing +certain promises is used more than the action of debt in those +cases where there is a debt based on an agreement. The essential +nature of "consideration" in contract is evolving from the +procedural requirements for the action of assumpsit. +Consideration may consist in mutual promises, a precedent debt, +or a detriment incurred by one who has simultaneously received a +promise related to the detrimental action. Consideration must be +something, an act, or forbearance of an act that is of value. For +instance, forbearance to sue a worthless claim is not +consideration. + +The abstract concept of contract as an agreement between two +parties which is supported by consideration is developing as the +number of various agreements that are court enforceable expands. +For instance the word "consideration" is used in Hayward's Case +in 1595 in the Court of Wards on the construction of a deed. Sir +Rowland Hayward was seised in fee of the Doddington manor and +other lands and tenements, whereof part was in demesne, part in +lease for years with rents reserved, and part in copyhold, by +indenture, "in consideration of a certain sum of money" paid to +him by Richard Warren and others, to whom he demised, granted, +bargained and sold the said manor, lands and tenements, and the +reversions and remainders of them, with all the rents reserved +upon any demise, to have and to hold to them and their assigns, +presently after the decease of Sir Rowland, for the term of 17 +years. It was held that the grantees could elect to take by +bargain and sale or by demise, each of which had different +consequences. + +In another case, A delivered 400s. to B to the use of C, a woman, +to be delivered to her on the day of her marriage. Before this +day, A countermanded it, and called home the money. It was held +in the Chancery Court that C could not recover because "there is +no consideration why she should have it". + +In a case concerning a deed, A sold land to B for 400s., with +confidence, that it would be to the use of A. This bargain "hath +a consideration in itself ... and such a consideration is an +indenture of bargain and sale". It was held that the transaction +was not examinable except for fraud and that A was therefore +estopped. + +A court reporter at the King's Bench formulated two principles on +consideration of the case of Wilkes against Leuson as: "The heir +is estopped from falsifying the consideration acknowledged in the +deed of feoffment of his ancestor. Where a tenant in capite made +a feoffment without consideration, but falsely alleged one in the +deed on an office finding his dying seised, the master of the +wards cannot remove the feoffees on examining into the +consideration, and retain the land until &c. and though the heir +tended, still if he do not prosecute his livery, the Queen must +admit the feoffees to their traverse, and to have the farm, &c." +The court reporter summarized this case as follows: Wilkes, who +was merchant of the staple, who died in February last past, made +a feoffment in the August before his death to one Leuson, a +knight, and his brother, and another, of the manor of Hodnel in +the county of Warwick; and the deed,(seen) for seven thousand +pounds [140,000s.] to him paid by the feoffees, of which sum he +made acquittance in the same deed (although in fact and in truth +not a half-penny was paid), gave, granted, and confirmed &c +"habendum eir et hoeredibus suis in perpetuum, ad proprium opus +et usum ipsorum A. B. et C. in perpetuum," and not "hoeredum +suorum," together with a clause of warranty to them, their heirs +and assigns, in forma proedicta: and notwithstanding this +feoffment he occupied the land with sheep, and took other profits +during his life; and afterwards his death was found on a diem +clausit extremum by office, that he died seised of the said manor +in fee, and one I. Wilkes his brother of full age found his next +heir, and a tenure in capite found, and now within the three +months the said feoffees sued in the court of wards to be +admitted to their traverse, and also to have the amnor in farm +until &c. And although the said I. Wilkes the brother had +tendered a livery, yet he had not hitherto prosecuted it, but for +cause had discontinued. +And whether now the master of the wards at his discretion could +remove the feoffees by injunction out of possession upon +examination of the said consideration of the said feoffment which +was false, and none such in truth, and retain it in the hands of +the Queen donec et quousque &c. was a great question. And by the +opinion of the learned counsel of that court he cannot do it, but +the Queen is bound in justice to give livery to him who is found +heir by the office, or if he will not proceed with that, to grant +to the tenderers the traverse, and to have the farm, &c. the +request above mentioned. And this by the statutes ... And note, +that no averment can be allowed to the heir, that the said +consideration was false against the deed and acknowledgment of +his ancestor, for that would be to admit an inconvenience. And +note the limitation of the use above, for divers doubted whether +the feoffees shall have a fee-simple in the sue, because the use +is not expressed, except only "to themselves (by their names) for +ever;" but if those words had been wanting, it would have been +clear enough that the consideration of seven thousand pounds had +been sufficient, &c. for the law intends a sufficient +consideration by reason of the said sum; but when the use is +expressed otherwise by the party himself, it is otherwise. And +also the warranty in the deed was "to them, their heirs, and +assigns, in form aforesaid," which is a declaration of the intent +of Wilkes, that the feoffees shall not have the use in fee +simple; and it may be that the use, during their three lives, is +worth seven thousand pounds, and more &c. And suppose that the +feoffment had been "to have to them and their heirs to the proper +use and behoof of them the feoffees for the term of their lives +for ever for seven thousand pounds," would they have any other +estate than for the term of their lives in the use? I believe +not; and so in the other case. + +A last example of a case concerning consideration is that of +Assaby and Others against Lady Anne Manners and Others. The court +reporter characterized the principle of the case as: "A. in +consideration of his daughter's marriage covenants to stand +seised to his own use for life, and that at his death she and her +husband shall have the land in tail, and that all persons should +stand seised to those uses, and also for further assurance. After +the marriage he bargains and sell with fine and recovery to one +with full notice of the covenants and use; this is of no avail, +but on the death of A. the daughter and her husband may enter." +The court reporter summarized this case as follows: A. was seised +of land in fee, and in consideration of a marriage to be had +between his daughter and heir apparent, and B. son and heir +apparent of C. he covenanted and agreed by indenture with C. that +he himself would have, hold, and retain the land to himself, and +the profits of during his life, and that after his decease the +said son and daughter should have the land to them and to the +heirs of their two bodies lawfully begotten, and that all persons +then or afterwards seised of the land should stand and be seised +immediately after the marriage solemnized to the use of the said +A. for the term of his life, and after his death to the use of +the said son and daughter in tail as above, and covenanted +further to make an assurance of the land before a certain day +accordingly &c. and then the marriage took effect; and afterwards +A. bargained and sold the land for two hundred marks (of which +not a penny is paid) to a stranger, who had notice of the first +agreements, covenants, and use, and enfeoffed divers persons to +this last use, against whom a common recovery was had to his last +use; and also A. levied a fine to the recoverers before any +execution had, and notwithstanding all these things A. continued +possession in taking the profits during his life; and afterwards +died; and the son and daughter entered, and made a feoffment to +their first use. And all this matter was found in assize by +Assaby and others against Lady Anne Manners and others. And +judgment was given that the entry and feoffment were good and +lawful, and the use changed by the first indenture and agreement. +Yet error was alleged. The judgment in the assize is affirmed. + +The famous Shelley's Case stands for the principle that where in +any instrument an estate for life is given to the ancestor, and +afterwards by the same instrument, the inheritance is limited +whether mediately, or immediately, to his heirs, or heirs of his +body, as a class to take in succession as heirs to him, the word +"heirs" is a word of limitation, and the ancestor takes the whole +estate. For example, where property goes to A for life and the +remainder goes to A's heirs, A's life estate and the remainder +merge into a fee in A. + +Edward Shelley was a tenant in tail general. He had two sons. The +older son predeceased his father, leaving a daughter and his wife +pregnant with a son. Edward had a common recovery (the premises +being in lease for years) to the use of himself for term of his +life, after his decease to the use of the male heirs of his body, +and of the male heirs of the body of such heirs, remainder over. +After judgment and the awarding of the writ of seisin, but before +its execution, Edward died. After his death, and before the birth +of his older son's son, the writ of seisin was executed. The +younger son entered the land and leased it to a third party. +Afterwards, the son of the older son was born. He entered the +land and ejected the third party. It was held that the younger +son had taken quasi by descent until the birth of the older son's +son. The entry by the older son's son was lawful. The third party +was lawfully ejected. (Shelley's Case, King's Bench, 1581, +English Reports - Full Reprint, Vol. 76, Page 206.) + + + +Chapter 14: Epilogue + +William Brewster and William Bradford and other puritans and +pilgrims sailed on ships such as the Mayflower to found a colony +in North America in 1607. England developed a commonwealth of +countries around the world, including Canada, Australia, New +Zealand, and India. + +In the time period after 1600, there developed free trade, +democracy, political parties, secret ballots, policemen, Francis +Bacon's advocating of induction in science, Periodic Chart of +chemical elements, calculus and differential equations, college +degrees in biology, chemistry, and physics, Isaac Newton's theory +of gravity, Albert Einstein's theory of relativity, the +experimental method, computers, decoding of the DNA sequence, +Charles Darwin's evolution, Louis Pasteur's germ theory of +disease, Galileo's telescope, Hubble telescope, Big Bang Theory, +antibiotics to cure and surgery to replace body parts, quantum +theory, cold water in pipes to homes, central heating, apartment +high rises, business skyscrapers, electricity, electric lights, +electric sewing machines, industrial revolution factories, labor +strikes, cars, tractors, ice boxes and refrigerators, telephones, +central heating with radiators, heated water in taps, hot water +heaters by gas, gas ovens, humidifiers, upholstered couches and +chairs, canned food, zippers, velcro, trains, ships by steam and +then motors, wall-to-wall carpeting, microscope, microwave +ovens, umbrellas, contraceptive pill, popular elections, +airplanes, photography, record players, potatoes, corn, +chocolate, frozen food, radio, television, plastics, ready to +wear clothes, political parties, submarines, statistics, +economics, multinational corporations, weather forecasting, +braille, airplanes, space ship to moon, banks, annuities, factory +assembly lines, washing machines, dishwashers, sewing machine, +microwave ovens, copier machines, DNA evidence, daily newspapers, +nuclear bomb and nuclear energy, guided missiles, stock market, +quartz watches, museums, bicycles, popular election, frozen sperm +for artificial insemination, investment advice, retirement +planning, pensions, amusement parks, catelogue buying, labor +contracts, dictionaries, childrens' summer camps, stocks and +bonds, teenage culture, concrete, synthetic materials, +typewriters, cardboard boxes, advertising, invitro fertilization, +factory assembly line, gene-mapping, animal cloning, internet, +hiking and camping trips, world travel vacations, telegraph, word +processing, gas, oil, couches, research, television, radio, +credit cards, toothbrushes, dental floss, buses, subways, +chinaware, telephones, camcorders, mass production, nursing +homes, cameras, copy machines, wheelchairs, hospital operations, +artificial limbs, organ transplants, pharmacies, public +libraries, children's playgrounds, cosmetic surgery, wrist +watches, physical exercising equipment, vitamin pills, sports +clubs, condominiums, anesthetics, physical exams, microscopes, +observatories, radar, sonar, opera, nutrition, psychiatry, +supermarkets, disability and life insurance, magazines, daily +newspapers, liability insurance, chemical fertilizers, DDT, trash +pick-up, electronic mail, record players, video tape recorders, +retirement homes, movies;, planned obsolence, boxspring +mattresses, brain scans, xrays, innoculations, vaccines, +penicillin, organized professional sports, dry cleaners, +railroads, foreign embassies, veterinarians, drug abuse, wage +garnishment, fire engines, tractors, lawnmowers, breeding zoos, +museums, world wars, nuclear deterrence, fingerprinting, forensic +evidence, toxic waste, acid rain, archeology, zippers, + +In this time period the development of law includes abolition of +feudal wardships, married women's property act, mandamus, statute +of frauds, rule against perpetuities, mandatory secondary +education, the tort of negligence, the concept of duty of due +care, kidnapping, false impersonation, liens, obscenity, +partnership, pensions, trademarks and unfair competition, +privacy, freedom of thought, freedom of speech, freedom of the +press, copyrights and patents, bankruptcy, civil rights, union +organizing laws, laws on discrimination due to race, sex, ethnic +or national origin, disability, age, and sexual preference, +sexual harassment and staulking laws, product liability, +international law, no-fault divorce, best interest of child in +custody disputes, child labor laws, environmental laws protecting +air and water quality, workers compensation, unemployment +compensation, controlled substances, intellectual property law, +Coke's treatise on law, and Blackstone's treatise on law. + +Judicial procedure includes grand juries, which hear evidence, +court transcript by court stenographers, discovery, and +depositions. + + +Appendix + +Sovereigns of England + +- Name - - Accession - +Egbert 802 +AEthelwulf 839 +AEthelbald 858 +AEthelbert 860 +AEthelred 865 +Alfred the Great 871 +Edward the Elder 899 +AEthelstan 924 +Edmund 939 +Eadred 946 +Eadwig 955 +Edgar 959 +Edward the Martyr 975 +AEthelred the Unready 978 +Edmund Ironside 1016 +Canute 1016 +Harold I Harefoot 1035 +Hardicanute 1040 +Edward the Confessor 1042 +Harold II 1066 +William I of Normandy 1066 +William II 1087 +Henry I (and Matilda) 1100 +Stephen 1135 +Henry II (and Eleanor) 1154 +Richard I 1189 +John 1199 +Henry III 1216 +Edward I (and Eleanor) 1272 +Edward II 1307 +Edward III 1327 +Richard II 1377 +Henry IV 1399 +Henry V 1413 +Henry VI 1422 +Edward IV 1461 +Edward V 1483 +Richard III 1483 +Henry VII (and Elizabeth) 1485 +Henry VIII 1509 +Mary 1553 +Elizabeth I 1558 +James I 1603 + + +Bibliography + + 1. 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