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Title: Our Legal Heritage - June 2011 (Sixth) Edition
Author: Reilly, S. A.
Language: English
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Copyright Status: Not copyrighted in the United States. If you live elsewhere check the laws of your country before downloading this ebook. See comments about copyright issues at end of book.

*** Start of this Doctrine Publishing Corporation Digital Book "Our Legal Heritage - June 2011 (Sixth) Edition" ***

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Note: This is an updated edition of PG#13376.



 Copyright (C) 2004 S. A. Reilly



                                                    OUR LEGAL HERITAGE



                               King AEthelbert - King George III, 1776



                                                       600 A.D. - 1776



By



                                              S. A. Reilly, Attorney

                                              175 E. Delaware Place

                                              Chicago, Illinois 60611-7715

                                              S-Reilly@att.net



                                                        Copyright (C) 2004



                                                   Preface



	This book was written to appreciate what laws have been in existence
for a long time and therefore have proven their success in maintaining a
stable society. Its purpose is also to see the historical context in
which our legal doctrines developed. It includes the inception of the
common law system, which was praised because it made law which was not
handed down by an absolutist king; the origin of the jury system; the
meaning of the Magna Carta provisions in their historical context; and
the emergence of attorneys.



	This book is a primer. One may read it without prior knowledge of
history or law, although it will be more meaningful to attorneys than to
others. It can serve as an introduction on which to base further reading
in English legal history. It defines terms unique to English legal
history. However, the meaning of some terms in King Aethelbert's code in
Chapter 1 are unknown or inexact.



	In the Table of Contents, the title of each chapter denotes an
important legal development in the given time period for that chapter.
Each chapter is divided into three sections: The Times, The Law, and
Judicial Procedure.



	The Times section sets a background and context in which to better
understand the law of that period. The usual subject matter of history
such as battles, wars, royal intrigues, periods of corruption, and
international relations are omitted as not helping to understand the
process of civilization and development of the law. Standard practices
are described, but there are often variations with locality. Also,
change did not come abruptly, but with vacillations, e.g. the change
from pagan to Christian belief and the change to allowance of loans for
interest. The scientific revolution was accepted only slowly. There were
often many attempts made for change before it actually occurred, e.g.
gaining Parliamentary power over the king's privileges, such as
taxation.



	The Law section describes the law governing the behavior and conduct of
the populace. It includes law of that time 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 courts. The Magna Carta, which
is quoted in Chapter 7, is the first statute of England and is listed
first in the "Statutes of the Realm" and the "Statutes at Large". The
law sections of Chapters 7 - 18 mainly quote or paraphrase almost all of
these statutes. 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 Judicial Procedure section describes the process of applying the
law and trying cases, and jurisdictions. It also contains some examples
of cases.



	For easy comparison, amounts of money expressed in pounds or marks
[Danish denomination] have often 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. Shillings are
abbreviated: "s." There are twelve pennies or pence in a Norman
shilling. Pence are abbreviated "d." Six shillings and two pence is
denoted 6s.2d. A scaett was a coin of silver and copper of lesser
denomination than a shilling. There were no coins of the denomination of
shilling during Anglo-Saxon times.



	The sources and reference books from which information was obtained are
listed in a bibliography instead of being contained in tedious
footnotes. There is no index to pages because the electronic text will
print out its pages differently on different computers with different
computer settings. Instead, a word search may be done on the electronic
text.



                      Dedication and Acknowledgements



	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. Much appreciation goes to
Professor James Curtin of Loyola Law School for his review and comments
on this book's medieval period: Chapters 4-10, and especially his
comment that "I learned quite a bit about life in those days from your
work." Thanks go to Loyola University Law School Professor George
Anastaplo for introducing me to Professor Curtin. Much appreciation goes
to Professor Lacey Baldwin Smith of Northwestern University's History
Department for his review and comments on this book's Tudor and Stuart
periods: Chapters 11-17, especially his comment that he learned a lot.
Thanks go to Northwestern University Law School Professor Steven Presser
for introducing me to Professor Smith. Finally, many thanks go to fellow
Mensan William Wedgeworth for proof-reading the entire book.



                                      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: 1399-1485

     11. Use-trust of land: 1485-1509

     12. Wills and testaments of lands and goods: 1509-1558

     13. Consideration and contract Law: 1558-1601

     14. Welfare for the poor: 1601-1625

     15. Independence of the courts: 1625-1642

     16. Freedom of religion: 1642-1660

     17. Habeas Corpus: 1660-1702

     18. Service of Process instead of arrest: 1702-1776

     19. Epilogue: 1776-2000



Appendix: Sovereigns of England



Bibliography



                          - - - Chapter 1 - - -



                     - The Times: before 600 A.D. -



	The settlement of England goes back thousands of years. At first,
people hunted and gathered their food. They wore animal skins over their
bodies for warmth and around their feet for protection when walking.
These skins were sewn together with bone needles and threads made from
animal sinews. They carried small items by hooking them onto their
belts. They used bone and stone tools, e.g. for preparing skins. Their
uncombed hair was held by thistlethorns, animal spines, or straight bone
hair pins. They wore conical hats of bound rush and lived in rush
shelters.



	Early clans, headed by kings, lived in huts on top of hills or other
high places and fortified by circular or contour earth ditches and banks
behind which they could gather for protection. They were probably dug
with antler picks and wood spades. The people lived in rectangular huts
with four wood posts supporting a roof. The walls were made of saplings,
and a mixture of mud and straw. Cooking was in a clay oven inside or
over an open fire on the outside. Water was carried in animal skins or
leather pouches from springs lower on the hill up to the settlement.
Forests abounded with wolves, bears, deer, wild boars, and wild cattle.
They could more easily be seen from the hill tops. Pathways extended
through this camp of huts and for many miles beyond.



	For wives, men married women of their clan or bought or captured other
women, perhaps with the help of a best man. They carried their unwilling
wives over the thresholds of their huts, which were sometimes in places
kept secret from her family. 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 usually stayed at home caring for children, preparing meals, and
making baskets. They also made wool felt and spun and wove wool into a
coarse cloth. Flax was grown and woven into a coarse linen cloth.
Spinning the strands into one continuous thread was done on a stick,
which the woman could carry about and spin at anytime when her hands
were free. The weaving was done on an upright or warp-weighted loom.
People of means draped the cloth around their bodies and fastened it
with a metal brooch inlayed with gold, gems, and shell, which were glued
on with glue that was obtained from melting animal hooves. People drank
from hollowed- out animal horns, which they could carry from belts. They
could tie things with rawhide strips or rope braids they made. Kings
drank from animal horns decorated with gold or from cups of amber,
shale, or pure gold. Men and women wore pendants and necklaces of
colorful stones, shells, amber beads, bones, and deer teeth. They
skinned and cut animals with hand-axes and knives made of flint dug up
from pits and formed by hitting flakes off. The speared fish with barbed
bone prongs or wrapped bait around a flint, bone, or shell fish hook. On
the coast, they made bone harpoons for deep-sea fish. The flint ax was
used to shape wood and bone and was just strong enough to fell a tree,
although the process was very slow.



	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 threw stones and spears with flint points
at the animals. They used wood clubs to beat them, at the same time
using wood 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. Circles of
stone like Stonehenge were built with alignments to paths of the moon.



	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.



	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.



	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 hare to eat. The goddess Easter
was celebrated at this time.



	Later, 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. Thread was spun with a
hand-held spindle which one hand held while the other hand alternately
formed the thread from a mass and then wound it around the spindle. A
coarse cloth was woven and worn as a tunic which had been cut from the
cloth. Kings wore tunics decorated with sheet gold. Decorated pottery
was made from clay and used to hold liquids and 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 to maturity. Wood carts
with four wheels were used to transport produce and manure. Horses were
used for transportation of people or goods. Wood dug-out boats and
paddles were used to fish on rivers or on the seacoast.



	Clans had settlements near rivers. Each settlement had a meadow, for
the mowing of hay, and a simple mill, with round timber huts, covered
with branches or thatch or turf supported by a ring of posts. Inside was
a hearth with smoke going up through a hole in the roof, and a cauldron
for cooking food. There was an upright loom in the darkness. The floor
was swept clean. At the door were spears or bags of slingstones ready
for immediate use. The King lived in the largest hut. Gullies outside
carried off excess water. 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. Buckets and cauldrons which had originated from the
Mediterranean were used. Querns with the top circular stone turned by
hand over the bottom stone were used for grinding grain. There were
ovens to dry and roast grain. Grain was first eaten as a porridge or
cereal. There were square wood granaries on stilts and wood racks on
which to dry hay. Grain was stored in concealed pits in the earth which
were lined with drystone or basket work or clay and made airtight by
sealing with clay or dung. Old pits were converted into waste dumps,
burials, or latrines. 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. Sowing was by men or two
oxen drawing a simple scratch plough. The crops were all harvested in
the summer. In this two-field system, land was held by peasants in units
designed to support a single extended family. These fields were usually
enclosed with a hedge to keep animals from eating the crop and to define
the territory of the settlement from that of its neighbors. 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. This was
subsistence level farming.



	Pottery was given symmetry when formed with use of a wheel and heated
in increasingly hot kilns. From kilns used for pottery, it was noticed
that lumps of gold or copper ore within would melt and assume the shape
of what they had been resting on. These were the first metals, and could
be beaten into various shapes, such as ornaments. Then the liquid ore
was poured into moulds carved out of stones to make axes [small pointed
tool for piercing holes in leather, wood, or other soft materials] and
daggers, which were reheated and hammered to become strong.
Copper-tipped drills, chisels, punches and awls were also made.



	The bodies of deceased were buried far away from any village in wood
coffins, except for kings, who were placed in large stone coffins after
being wrapped in linen. Buried with them were a few personal items, such
as copper daggers, flat copper axes, and awls. The deceased was buried
in a coffin with a stone on top deep in the earth to keep the spirit of
the dead from coming out to haunt the living.



	It was learned that tin added to the copper made a stronger metal:
bronze. Stone hammers, and bronze and iron tools, were used to make
cooking pots, weapons, breast plates, and horse bits, which were formed
from moulds and/or forged by bronze smiths and blacksmiths from iron
extracted from iron ore heated in bowl- shaped hearths. Typically one
man operated the bellows to keep the fire hot while another did the
hammering. Bronze was made into sickles for harvesting, razors for
shaving, tweezers, straight hair pins, safety pins for clothes, armlets,
neck-rings, and mirrors. Weapons included bows and arrows, flint and
copper daggers, bronze swords and spears, stone axes, and shields of
wood with bronze mountings. The bows and arrows probably evolved from
spear throwing rods. Kings in body armor 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. When iron came into use, there were
wrought iron axes, saws, adzes [ax with curved blade used to dress
wood], files, ploughshares, harrows [set of spikes to break clods of
earth on ploughed land and also to cover seed when sewn], scythes,
billhooks [thick knife with hooked point used to prune shrubs], and
spits for hearths. Lead was mined. There was some glassmaking of beads.
Wrought iron bars were used as currency.



	Hillforts now had wooden palisades on top of their banks to protect the
enclosed farmsteads and villages from stock wandering off or being taken
by rustlers, and from attacks by wild animals or other people. Later a
rampart was added from which sentries could patrol. These were supported
by timber and/or stone structures. Timbers were probably transported by
carts or dragged by oxen. 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.
Gates were of wood, some hung from hinges on posts which could be
locked. Later guard chambers were added, some with space for hearths and
beds. Sometimes further concentric circles of banks and ditches, and
perhaps a second rampart, were added around these forts. They could
reach to 14 acres. The ramparts are sufficiently widely spaced to make
sling-shotting out from them highly effective, but to minimize the
dangers from sling-shotting from without. The additional banks and
ditches could be used to create cattle corridors or to protect against
spear-thrown firebrands. However, few forts had springs of water within
them, indicating that attacks on them were probably expected to be
short. Attacks usually began with warriors bristling with weapons and
blowing war trumpets shouting insults to the foe, while their kings
dashed about in chariots. Sometimes champions from each side fought in
single combat. They took the heads of those they killed to hang from
their belts or place on wood spikes at the gates. Prisoners, including
women and children, might become slaves. Kings sometimes lived in
separate palisades where they kept their horses and chariots.



	Circles of big stones like Stonehenge were rebuilt 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, named for the
Goddess of the Dawn, which occurred in the east (after lent); May Day
celebrating the revival of life; Lammas around July, when the wheat crop
was ready for harvesting; and on October 31 the Celtic eve of Samhain,
when the spirits of the dead came back to visit homes and demand food or
else cast an evil spell on the refusing homes; and at which masked and
costumed inhabitants representing the souls of the dead paraded to the
outskirts of the settlements to lead the ghosts away from their homes;
and at which animals and humans, who might be deemed to be possessed by
spirits, were sacrificed or killed perhaps as examples, in huge bonfires
[bonefires] as those assembled looked out for spirits and evil beings.



	There was an agricultural revolution from the two-field system in which
one field was fallow to the three-field system, in which 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. It had been
observed that legumes such as peas and beans restored the soil. These
were rotated yearly. There was a newly invented plough that was heavy
and made of wood and later had an attached iron blade. The plough had a
mould-board which caught the soil stirred by the plough blade and threw
it into a ridge alongside the furrow dug by the plough blade. This
plough was too heavy for two oxen and was pulled by a team of about
eight to ten oxen. Each ox was owned by a different man as was the
plough, because no one peasant could afford the complete set. Each
freeman 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 harvest, they reverted to common
ownership for grazing by pigs, sheep, and geese. As soon as haymaking
was over, the meadows became common grazing land for horses, cows, and
oxen. Not just any inhabitant, but usually only those who owned a piece
of land in the parish were entitled to graze their animals on the common
land, and each owner had this right of pasture for a definite number of
animals. The faster horse replaced the ox as the primary work animal.
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. Strips of land for
agriculture were added from waste land as the community grew. Waste
lands were moors bristling with brushwood, or gorse, heather and wanton
weeds, reed-coated marshes, quaking peat-bogs, or woods grown haphazard
on sand or rock. With iron axes, forests could be cleared to provide
more arable land.



	Some villages had a smith, a wheelwright, and a cooper. There were
villages which had one or two market days in each week. Cattle, sheep,
pigs, poultry, calves, and hare were sold there. London was a town on
the Thames River under the protection of the Celtic river god Lud: Lud's
town. It's huts were probably built over the water, as was Celtic
custom. It was a port for foreign trade. Near the town was Ludhill. Each
Celtic tribe in England made its own coinage. Silver and bronze were
first used, and then gold. The metal was put into a round form and then
placed between two engraved dies, which were hit.



	Flint workers mined with deer antler picks and ox shoulder blade
shovels for flint to grind into axes, spearheads, and arrowheads. Mine
shafts were up to thirty feet deep and necessitated the use of chalk
lamps fueled by animal fat with wicks of moss. The flint was hauled up
in baskets.



	Common men and women were now buried in tombs within memorial burial
mounds of earth with stone entrances and interior chambers. A man's
weapons and shield were buried with him and a woman's spindle and
weaving baton, and perhaps beads or pottery with her. At times, mounds
of earth would simply be covered over piles of corpses and ashes in
urns. In these mass graves, some corpses had spear holes or sword cuts,
indicating death by violence. The Druid priests, the learned class of
the Celts, taught the Celts to believe in reincarnation of the soul
after death of one body into another body. They also threw prized
possessions into lakes and rivers as sacrifices to water gods. They
placed images of gods and goddesses in shrines, which were sometimes
large enough to be temples. They thought of their gods as supernatural
magicians.



	With the ability to grow food and the acquisition of land by conquest
by invading groups, the population grew. There were different classes of
men. The freemen were eorls [noble freemen] or ceorls [ordinary free
farmers]. Slaves were not free. 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, especially
native Britons taken by invading groups, became slaves. A slave who was
captured or purchased was a "theow". An "esne" was a slave who worked
for hire. A "weallas" was a Welsh slave. 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 lord's or lady's hands. They
were called wite- theows. The original meaning of the word lord was
"loaf-giver". 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 of the hall, 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. Richer men
drank wine. There were festivals which lasted several days, in which
warriors feasted, drank, gambled, boasted, and slept where they fell.
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. Slaves had no legal rights. A lord could kill
his slave at will. A wrong done to a slave was regarded as done to his
owner. If a person killed another man's slave, he had to compensate him
with the slave's purchase price. The slave owner had to answer for the
offenses of his slaves against others, as for the mischief done by his
cattle. Since a slave had no property, he could not be fined for crimes,
but was whipped, mutilated, or killed.



	During famine, acorns, beans, peas, and even bark were ground down to
supplement flour when grain stocks grew low. People scoured the
hedgerows for herbs, roots, nettles, and wild grasses, which were
usually left for the pigs. Sometimes people were driven to infanticide
or group suicide by jumping together off a cliff or into the water.



	Several large kingdoms came to replace the many small ones. The people
were worshipping pagan gods when St. Augustine came to England in 596
A.D. to Christianize them. King AEthelbert of Kent [much later a county]
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
London. Aethelbert and his men who fought with him and ate and lived in
his household [gesiths] became Christian. A succession of princesses
went out from Kent to marry other Saxon kings and convert them to
Christianity.



	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, killing, 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 a king was an unpayable amount of
about 7000s., of an aetheling [a king-worthy man of the extended royal
family] was 1500s., of an eorl, 300s., of a ceorl, 100s., of a laet
[agricultural worker in Kent, which class was between free and slave],
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 was 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 crimes of murder,
treachery to one's own lord, arson, house breaking, and open theft, were
punishable by death and forfeiture of all property.

                              - 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 public peace]; m......frith [breach of
the peace of a meeting place], two fold.

 2. If the King calls his leod [his people] to him, and any one there do
them evil, [let him compensate with] a twofold 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 twofold 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 dwelling premises],
let him make bot with 50 shillings.

6. If any one slay a freeman, 50 shillings to the King, as drihtin beah
[payment to a lord in compensation for killing his freeman].

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 or patronage], 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]. (Chattels was a variant of "cattle".)

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 cupbearer], 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 cupbearer], let him make
bot with 6 shillings; with a slave of the second [class], 50 scaetts;
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 [wergeld for manslaughter] 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 [loaf or 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 ham scyld [legal means of
protecting one's home], let him adequately compensate.

33. If there be feax fang [seizing 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 [pregnant], let bot be made with 30 shillings.

63. If any one be cear wund [badly wounded], let bot be made with 3
shillings.

64. If any one destroy [another's] organ of generation [penis], let him
pay him with 3 leod 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.

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
money and chattels] and the morgen gyfe [morning gift: a gift made 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 [pregnant], 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 steal, let him make twofold bot [twice the value of the
stolen goods]."



                         - Judicial Procedure -



	The King and his freemen would hear and decide cases of wrongful
behavior such as breach of the peace. Punishment would be given to the
offender by the community.



	There were occasional meetings of "hundreds", which were 100
households, to settle widespread disputes. The chief officer was
"hundreder" or "constable". He was responsible for keeping the peace of
the hundred.



	The Druid priests decided all disputes of the Celts.



                         - - - Chapter 2 - - -



                         - The Times: 600-900 -



	The country was inhabited by Anglo-Saxons. The French called it
"Angleterre", which means the angle or end of the earth. It was called
"Angle land", which later became "England".



	A community was usually an extended family. Its members lived a village
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. All freeholders had the duty of watch [at night] and
ward [during the day], of following the hue and cry to chase an
offender, and of taking the oath of peace. These three duties were
constant until 1195.



	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 bore "lot" according to their means for local
purposes.



	Offa, the strongest of the Saxon kings, minted high-quality silver
pennies. He traded woolen coats for lava grindstones with Emperor
Charlemagne, who used a silver denarius coin. There were 12 denarii to
the solidus and 20 soldi to the pound of silver. These denominations
were taken by England as 12 pennies to the shilling and 20 shillings to
the pound. The pound sign, an "L" with a hash mark derived from the word
Libra, which meant weighing scales.



	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. Local custom
determined the amount. There was also church-scot: a payment to the
clergy in lieu of the first fruits of the land. The priest was the
chaplain of a landlord and his parish was coextensive with that
landlord's holding and could include one to several villages. 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
(Christ's mass) ceremonies in winter in place of the pagan Yuletide
festivities. Burning incense took the place of pagan burnt animal
offerings, which were accompanied by incense to disguise the odor of
burning flesh. Holy water replaced haunted wells and streams. Christian
incantations replaced sorcerer's spells. Nuns assisted priests in
celebrating mass and administering the sacraments. They alone
consecrated new nuns. Vestry meetings were community meetings held for
church purposes. The people said their prayers in English, and the
priest conducted the services in English. A person joined his hands in
prayer as if to offer them for binding together in submission.



	The church baptized babies and officiated or gave blessings 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. The church taught that it was not necessary to
bury possessions with the deceased. The church taught boys and girls.



	 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.



	There were several kingdoms, whose boundaries kept changing due to
warfare, which was a sin according to the church. They were each
governed by a king and witan of wise men who met at a witanegemot, which
was usually held three times a year, mostly on great church festivals
and at the end of the harvest. The king and witan chose the witan's
members of bishops, eorldormen, and thegns [landholding farmers]. The
king and hereditary claims played a major part in the selection of the
eorldormen, who were the highest military leaders and often of the royal
family. They were also chief magistrates of large jurisdictional areas
of land. The witan included officers of the king's household and perhaps
other of his retinue. There was little distinction then between his
gesith, fighting men, guards, household companions, dependents, and
servants. The king was sometimes accompanied by his wife and sons at the
witanagemot. A king was selected by the witan according to his
worthiness, usually from among the royal family, and could be deposed by
it. The witan and king decided on laws, taxes, and transfers of land.
They made determinations of war and peace and directed the army and the
fleet. The king wore a crown or royal helmet. He extended certain
protections by the king's peace. He could erect castles and bridges and
could provide a special protection to strangers.



	A king had not only a wergeld to be paid to his family if he were
killed, but a "cynebot" of equal amount that would be paid to his
kingdom's people. A king's household had a chamberlain for the royal
bedchamber, a marshall to oversee the horses and military equipment, a
steward as head of household, and a cupbearer. The king had income from
fines for breach of his peace; fines and forfeitures from courts dealing
with criminal and civil cases; salvage from ship wrecks; treasure trove
[assets hidden or buried in times of war]; treasures of the earth such
as gold and silver; mines; saltworks; tolls and other dues of markets,
ports, and the routes by land and by river generally; heriot from heirs
of his special dependents for possession of land (usually in kind,
principally in horses and weapons). He also had rights of purveyance
[hospitality and maintenance when traveling]. The king had private
lands, which he could dispose of by his will. He also had crown lands,
which belonged to his office and could not be alienated without consent
of the witan. Crown lands often included palaces and their appendant
farms, and burhs. It was a queen's duty to run the royal estate. Also, a
queen could possess, manage, and dispose of lands in her name. Violent
queens waged wars. Kingdoms were often allied by marriage between their
royal families. There were also royal marriages to royalty on the
continent.



	The houses of the wealthy had ornamented silk hangings on the walls.
Some had fine white ox horn shaved so thin they were transparent for
windows. 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. Great men wore gold-embroidered clothes,
gilt buckles and brooches, and drank from drinking horns mounted in
silver gilt or in gold. 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 had
beads, pins, needles, tweezers of bronze, and workboxes of bronze, some
highly ornamented. 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, hare, 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 yielded herrings, sturgeon, porpoise, oysters,
crabs, and other fish. Sometimes a whale was driven into an inlet by a
group of boats. Whale skins were used to make ropes.



	The roads were not much more than trails. They were often so narrow
that two pack horses could hardly pass each other. The pack horses each
carried two bales or two baskets slung over their backs, which balanced
each other. The soft soil was compacted into a deep ditch which rains,
floods, and tides, if near the sea, soon turned into a river. Traveling
a far distance was unsafe as there were robbers on the roads. Traveling
strangers were distrusted. It was usual to wash one's feet in a hot tub
after traveling and to dry them with a rough wool cloth.



	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. From the witch hazel plant was made a mild alcoholic
astringent, which was probably used to clean cuts and sooth abrasions.



	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. Each kingdom was split up into dioceses each with one bishop.
Thereafter, bishops were selected by the king and his witan, usually
after consulting the clergy and even the people of the diocese. The
bishops came to be the most permanent element of society. They had their
sees in villages or rural monasteries. The bishops came to have the same
wergeld as an eorldorman: 1200s., 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. Theodore
discouraged slavery by denying Christian burial to the kidnapper and
forbidding the sale of children over the age of seven. A slave became
entitled to two loaves a day and to his holydays. A slave was allowed to
buy his or his children's freedom. In 673, Theodore started annual
national ecclesiastical assemblies, for instance for the witnessing of
important actions. The bishops, some abbots, the king, and the
eorldormen were usually present. From them the people learned the
benefit of common national action. There were two archbishops: one of
Canterbury in the south and one of York in the north. They governed the
bishops and could meet with them to issue canons that would be equally
valid all over the land. A bishop's house contained some clerks,
priests, monks, and nun and was a retreat for the weary missionary and a
school for the young. The bishop had a deacon who acted as a secretary
and companion in travel, and sometimes as an interpreter. Ink was made
from the outer husks of walnuts steeped in vinegar.



	The learned ecclesiastical life flourished in monastic communities, in
which both monks and nuns lived. 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. Many abbesses came to run monastic communities; they were from
royal families. Women, especially from royal families, fled to
monasteries to obtain shelter from unwanted marriage or to avoid their
husbands. Kings and eorldormen retired to them.



	Danish Vikings made several invasions in the 800s for which a danegeld
tax on land was assessed on everyone every ten to twenty years. The
amount was determined by the witan and was typically 2s. per hide of
land. (A hide was probably the amount of land which could support a
family or household for a year or as much land as could be tilled
annually by a single plough.) It was stored in a strong box under the
King's bed. King Alfred the Great, who had lived for awhile in Rome,
unified the country to defeat the invaders. 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
his realm. The burhs were seminal towns. They were typically walled
enclosures with towers and an outer ditch and mound, instead of the
hedge or fence enclosure of a tun. Inside were several wooden thatched
huts and a couple of churches, which were lit by earthen oil lamps. The
populace met at burhgemotes. The land area protected by each burh became
known as a "shire", which means a share of a larger whole. The shire or
local landowners were responsible for repairing the burh fortifications.
There were about thirty shires.



	Alfred gathered together fighting men who were at his disposal, which
included eorldormen with their hearthbands (retinues of men each of whom
had chosen to swear to fight to the death for their eorldorman, and some
of whom were of high rank), the King's thegns, shire thegns (local
landholding farmers, who were required to bring fighting equipment such
as swords, helmets, chain mail, and horses), and ordinary freemen, i.e.
ceorls (who carried food, dug fortifications, and sometimes fought).
Since the King was compelled to call out the whole population to arms,
the distinction between the king's thegns from other landholders
disappeared. 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, more large private
estates headed by a lord, and a more stratified society in which the
king and important families more powerful and the peasants more
curtailed. The witan became mere witnesses. Many free coerls of the
older days became bonded. The village community tended to become a large
private estate headed by a lord. 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. The word "earl" replaced the word "eorldormen"
and the word "thegn" replaced the word "aetheling" after the Danish
settlement. The ironed pleats of Viking clothing indicated a high status
of the wearer. The Vikings brought combs and the practice of regular
hair-combing to England.



	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 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 invented a graduated candle with spaces indicating one hour of
burning, which could be used as a clock. He used a ventilated cow's horn
to put around the top of the candle to prevent its blowing out, and then
devised a wooden lantern with a horn window. He described the world as
like a yolk in the middle of an egg whose shell moves around it. This
agreed with the position of Ptolemy Claudius of Alexandria, who showed
the curvature of the earth from north to south by observing that the
Polar Star was higher in the north and lower in the south. That it was
curved from east to west followed from the observation that two clocks
placed one west and one east would record a different time for the same
eclipse of the moon.



	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. Relatives often quarrel together.

23. The barkless dog bites ill.

24. Be wise of word and wary of speech, then all shall love you.

25. We may outride, but not outwit, the old man.

26. Be not so mad as to tell your friend all your thoughts.

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 "Consolidation of Philosophy" by Roman philosopher Boethius,
which related the use of adversity to develop the soul, and described
the goodness of God and how the highest happiness comes from spiritual
values and the soul, which are eternal, rather than from material or
earthly pursuits, which are temporal; and Pope Gregory's Pastoral Care,
which he had translated into English and was the fundamental book on the
duty of a bishop, which included a duty to teach laymen; and Orosius'
History of the World, which he had translated into English. 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,
homilies, and textbooks on grammar, rhetoric [public speaking and
debating], arithmetic, and astronomy. He adhered to the doctrine that
death entered the world by the sin of Adam, the first man. He began the
practice of dating years from the birth of Christ and believed that the
earth was round. Over the earth was a fiery spherical firmament. Above
this were the waters of the heavens. Above this were the upper heavens,
which contained the angels and was tempered with ice. He declared that
comets portend downfalls of kingdoms, pestilence, war, winds, or heat.
This reflected the church's view that a comet was a ball of fire flung
from the right hand of an angry God as a warning to mankind, usually for
disbelief. Storms were begun by the devil.



	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 nunnery which was headed by his daughter as prioress. He
built a strong wall with four gates around London, which he had taken
into his control. He appointed his son-in-law, who was 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 were fed by the local people at their expense.



	After Alfred's death, his daughter Aethelflared ruled the country for
seven years. She had more fortified burhs built and led soldiers to
victories.



	Under the royalty were the nobles. An earl headed each shire as
representative of the King. The term "earl" came to denote an office
instead of a nobleman. He led the array of his shire to do battle if the
shire was attacked. He executed all royal commands. An earl received
grants of land and could claim hospitality and maintenance for himself,
his officers, and his servants. He presided over the shire court. He
received one-third of the fines from the profits of justice and
collected as well a third of the revenues derived from tolls and duties
levied in the boroughs of his shire. The office tended to be hereditary.
Royal representatives called "reeves" started to assist them. The reeve
took security from every person for the maintenance of the public peace.
He also tracked cattle thieves, brought suspects to court, gave
judgments according to the doom books, and delivered offenders to
punishment.



	Under the earls were the thegns. 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. Other thegns performed functions of magistrates. A thegn was
later identified as a person with five hides of land, a kitchen, a
church, a bell house, a judicial place at the burhgemote [a right of
magistracy], and an appointment in the King's hall. He was bound to
service in war by virtue of his landholding instead of by his
relationship to the king. Nobility was now a territorial attribute,
rather than one of birth. The wergeld of a thegn was 1200s. when that of
a ceorl or ordinary freeman was 200s. The wergeld of an earl or bishop
was four times that of a thegn: 5800s. The wergeld of a king or
archbishop was six times that of a thegn: 7200s. The higher a man's
wergeld, the higher was his 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 and were subject to their lord's court. That is,
their lord has soke [soc] jurisdiction over them. A ceorl typically had
a single hide of land. A smallholder rented land of about 30 acres from
a landlord, which he paid by doing work on the lord's demesne [household
or messuage] 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 become an earl, probably by the
possession of forty hides. He might even acquire enough land to qualify
him for the witan. Women could be present at the witanagemot and
shiregemote [meeting of the people 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, remuneration for rearing
and 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. It was given to her
on the morning after the wedding night. The family of the bride was paid
a "mund" 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. If she remarried within a year of his death,
she had to forfeit the morgengift and his nearest kin received the lands
and possessions she had. The word for man was "waepnedmenn" or weaponed
person. A woman was "wifmenn" or wife person, with "wif" being derived
from the word for weaving.



	Great men and monasteries had millers, smiths, carpenters, architects,
agriculturists, fishermen, weavers, embroiders, 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.



	Mercantile guilds in seaports carried out commercial speculations not
possible by the capital of only one person.



	There were some ale houses, probably part of certain dwellings.



	The danegeld tax of 1s. and later 2s. upon every hide of land came to
be imposed for maintaining forces sufficient to clear the British seas
of Danish pirates or to buy off the ravages of Danish invaders.



                              - The Law -



	Alfred issued a set of laws to cover the whole country, which were
drawn from the best laws of each region. There was no real distinction
between the concepts of law, morals, and religion.



	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
fulfill. But if he pledge himself to that which is lawful to fulfill,
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..." Let his kinsmen feed him, if he has no food. If he escapes,
let him be held a fugitive and be excommunicate of the church.



	The word of a bishop and of the king were incontrovertible without an
oath.



	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.  Honor 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 neighbor's goods unjustly.

10. Make thou not to thyself golden or silver gods."



	If any one fights in the king's hall, or draws his weapon, and he be
taken; be it in the king's doom, either death, or life, as he may be
willing to grant him. If he escape, and be taken again, let him pay for
himself according to his wergeld, and make bot for the offense, as well
wer as wite, according as he may have wrought.



	If a man fights before a king's ealdorman in the gemot, let him make
bot with wer and wite as it may be right; and before this 120s. to the
ealdorman as wite. If he disturbs the folkmote by drawing his weapon,
120s. to the ealdorman as wite. If any of this happens before a king's
ealdorman's junior, or a king's priest, 30s. as wite.



	If any one fights in a ceorlish man's dwelling, let him make bot of 6s.
to the ceorl. If he draws his weapon but doesn't fight, let it be half
of that. If, however, either of these happens to a man with a wergeld of
600s., let it increase threefold of the ceorlish bot; and if to a man
with a wergeld of 1200s., let it increase twofold of the bot of the man
with a wergeld of 600s. Breach of the king's dwelling [breaking and
entering] shall be 120s.; an archbishop's, 90s.; any other bishop's, and
an ealdorman's, 60s.;. a 1200s. wergeld man's, 30s.; a 600s. wergeld
man's, 15s.; and a ceorl's 5s.



	If any one plot against the king's life, of himself, or by harboring of
exiles, or of his men; let him be liable with his life and in all that
he has; or let him prove himself according to his lord's wer.



	If any one with a band or gang of men slays an unoffending man, let him
who acknowledges the deathblow pay wer and wite. If the slain man had a
wergeld of 200s, let every one who was of the gang pay 30s. as gangbot.
If he had a wergeld of 600s., let every one pay 60s. as gangbot. If he
had a wergeld of 1200s., let every one pay 120s. If a gang does this,
and afterwards denies it on oath, let them all be accused, and let them
then all pay the wer in common; and all, one wite, such as shall belong
to the wer.



	If any one lends his weapon to another so he may kill some one with it,
they may join together if they will in the wer. If they will not join
together, let him who lent the weapon pay of the wer a third part, and
of the wite a third part.



	With his lord a man may fight free of liability for homicide, if any
one attack the lord: thus may the lord fight for his man. Likewise, a
man may fight with his born kinsman, if a man attack him wrongfully,
except against his lord. And a man may fight free of liability for
homicide, if he finds another with his lawful wife, within closed doors,
or under one covering, or with his lawfully born daughter, or with his
lawfully born sister, or with his mother, who was given to his father as
his lawful wife. If a man knows his foe is sitting at his home, he may
not fight with him before he demands justice of him. If he has such
power that he can beset his foe, and besiege him within, let him keep
him within for seven days, and not attack him if he will remains within.
And, then, after seven days, if he surrenders, and gives up his weapons,
let him be kept safe for thirty days, and let notice of him be given to
his kinsmen and his friends. But if he does not have sufficient power to
besiege him within, let him ride to the ealdorman, and beg aid of him.
If he will not aid him, let him ride to the king before he fights. In
like manner also, if a man come upon his foe, and he did not know
beforehand that he was staying at his home; if he is willing to give up
his weapons, let him be kept for thirty days, and let notice of him be
given to his friends; if he will not give up his weapons, then he may
attack him. If he is willing to surrender, and to give up his weapons,
and any one after that attack him, let him pay as well wer as wound, as
he may do, and wite, and let him have forfeited his compensation to his
kin. Every church shall have this peace: if a fugitive flee to one for
sanctuary, no one may drag him out for seven days. If he is willing to
give up his weapons to his foes, let him stay thirty days, and then let
notice of him be given to his kinsmen. If any man confess in church any
offenses which had not been before revealed, let him be half forgiven.



	If a man from one holdgetael wishes to seek a lord in another
holdgetael, let him do it with the knowledge of the ealdorman whom he
before followed in his shire. If he does it without his knowledge, let
him who treats him as his man pay 120s. as wite, one-half to the king in
the shire where he before followed and one-half in that into which he
comes. If he has done anything wrong where he was before, let him make
bot for it who has there received him as his man; and to the king 120s.
as wite.



	"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."



	If any one steal in a church, let him pay the lawful penalty and the
wite, and let the hand be struck off with which he did it. If he will
redeem the hand, and that be allowed him, let him pay as may belong to
his wer.



	If a man slanders another, the penalty is no lighter thing than that
his tongue be cut out; which must not be redeemed at any cheaper rate
than it is estimated at according to his wer.



	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.



	The man who has land left to him by his kindred must not give it away
from his kindred, if there is a writing or witness that such was
forbidden by those men who at first acquired it, and by those who gave
it to him; and then let that be declared in the presence of the king and
of the bishop, before his kinsmen.



                         - Judicial Procedure -



	Cases were held at monthly meetings of the hundred court. The king or
one of his reeves, conducted the trial by compurgation.



	In 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. The value of a man's oath was
commensurate with his value or wergeld. A man's brothers were usually
his compurgators. If these "compurgators" were too few, usually twelve
in number, or recited poorly, their party lost. If this process was
inconclusive, the parties could bring witnesses to declare such
knowledge as they had as neighbors. These witnesses, male and female,
swore to particular points determined by the court.



	If the witnesses failed, the defendant was told to go to church and to
take the sacrament only if he or she were innocent. If he or she took
the sacrament, he or she was tried by the process of "ordeal", which was
administered by the church. In the ordeal by cold water, he was given a
drink of holy water and then bound hand and foot and 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. The results of the
ordeal were taken to indicate the will of God. 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. A bishop's oath was
incontrovertible. Accused archbishops and bishops could clear themselves
with an oath that they were guiltless. Lesser ranks could clear
themselves with the oaths of three compurgators of their rank or, for
more serious offenses, undergo the ordeal of the consecrated morsel. For
this, one would swallow a morsel; if he choked on it, he was guilty.



	Any inanimate or animate object or personal chattel which was found by
a court to be the immediate cause of death was forfeited as "deodand",
for instance, a tree from which a man fell to his death, a beast which
killed a man, a sword of a third party not the slayer that was used to
kill a man. The deodand was to go to the dead man's kin so they could
wreak their vengeance on it, which in turn would cause the dead man to
lie in peace.



	This is a lawsuit regarding rights to feed pigs in a certain woodland:



	"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. The
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, 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 public peace of an earl would occasion a
fine. Lower in social status were freemen: sokemen, and then, in
decreasing order, villani [villeins], bordarii, and cottarii. The servi
were the slaves. Probably all who were not slaves were freemen.



	Kings typically granted land in exchange for services of military
duties, maintaining fortresses, and repairing 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. The heriot of a thegn who had soken [or
jurisdiction over their own lands] came to be about 80s.; of a kings'
thegn about four lances, two coats of mail, two swords, and 125s.; of an
earl about eight horses, four saddled and four unsaddled, eight lances,
four coats of mail, four swords, and 500s.



	There were several thousand thegns, rich and poor, who held land
directly of the King. Some thegns had soken and others did not. Free
farmers who had sought protection from thegns in time of war now took
them as their lords. A freeman could chose his lord, following him in
war and working his land in peace. All able-bodied freemen were liable
to military service in the fyrd [national militia], but not in a lord's
private wars. In return, the lord would protect him against encroaching
neighbors, back him in the courts of law, and feed him in times of
famine. But often, lords raided each other's farmers, who fled into the
hills or woods for safety. Often a lord's fighting men stayed with him
at his large house, but later were given land with inhabitants on it,
who became his tenants. 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.



	Staghunting, foxhunting, and hawking were reserved for lords who did
not work with their hands. Every free born person had the right to hunt
other game.



	There was a great expansion of arable land. Some land had been
specifically allocated to certain individuals. Some was common land,
held by communities. If a family came to pay the dues and fines on
certain common land, it could become personal to that family and was
then known as heirland. Most land came to be privately held from
community-witnessed allotments or inheritance. Bookland was those
holdings written down in books. This land was usually land that had been
given to the church or monasteries because church clerics could write.
So many thegns gave land to the church, usually a hide, that the church
held 1/3 of the land of the realm. Folkland was that land that was left
over after allotments had been made to the freemen and which was not
common land. It was public land and a national asset and could be
converted to heirland or bookland only by action of the king and witan.
It could also be rented by services to the state via charter. A holder
of folkland might express a wish, e.g. by testamentary action, for a
certain disposition of it, such as an estate for life or lives for a
certain individual. But a distinct act by the king and witan was
necessary for this wish to take effect. Small private transactions of
land could be done by "livery of seisin" in the presence of neighbors.
All estates in land could be let, lent, or leased by its holders, and
was then known as "loenland".



	Ploughs and wagons could be drawn by four or more oxen or horses in
sets of two behind each other. Oxenshoes and horseshoes prevented
lameness due to cracked hooves. Horse collars especially fitted for
horses, replaced oxen yoke that had been used on horses. The horse
collar did not restrict breathing and enabled horses to use the same
strength of oxen. Also, horses had better endurance and faster speed.



	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 wood-burning fire in the middle of the
earthen floor. They wore shapeless clothes of goat hair and unprocessed
wool from their sheep. They ate rough brown bread, vegetable and grain
broth, ale from barley, bacon, beans, milk, cabbage, onion, apples,
plums, cherries, and honey for sweetening or mead. Vegetables grown in
the country included onions, leeks, celery, lettuce, radish, carrots,
garlic, shallots, parsnip, dill, chervil, marigold, coriander, and
poppy. In the summer, they ate boiled or raw veal and wild fowl such as
ducks, geese, or pigeons, and game snared in the forest. Poultry was a
luxury food, but recognized as therapeutic for invalids, especially in
broth form [chicken soup]. Venison was highly prized. There were still
some wild boar, which were hunted with long spears, a greyhound dog, and
hunting horns. They sometimes mated with the domestic pigs which roamed
the woodlands. In September, the old and infirm pigs were slaughtered
and their sides of bacon smoked in the rafters for about a month. Their
intestines provided skin for sausages. In the fall, cattle were
slaughtered and salted for food during the winter because there was no
more pasture for them. However, some cows and breed animals were kept
through the winter.



	For their meals, people used wooden platters, sometimes earthenware
plates, drinking horns, drinking cups from ash or alderwood turned on a
foot-peddled pole lathe, and bottles made of leather. Their bowls, pans,
and pitchers were made by the potter's wheel. Water could be boiled in
pots made of iron, brass, lead, or clay. Water could be carried in
leather bags because leather working preservative techniques improved so
that tanning prevented stretching or decaying. At the back of each hut
was a hole in the ground used as a latrine, which flies frequented. Moss
was used for toilet paper. Parasitical worms in the stool were
ubiquitous.



	Most of the simple people lived in villages of about 20 homes circling
a village green or lining a single winding lane. There were only first
names, and these were usually passed down family lines. To grind their
grain, the villagers used hand mills with crank and gear, or a communal
mill, usually built of oak, driven by power transmitted through a solid
oak shaft, banded with iron as reinforcement, to internal gear wheels of
elm. Almost every village had a watermill. It might be run by water
shooting over or flowing under the wheel.



	Clothing for men and women was made from coarse wool, silk, and linen
and was usually brown in color. Only the wealthy could afford to wear
linen or silk. Men also wore leather clothing, such as neckpieces,
breeches, ankle leathers, shoes, and boots. Boots were worn when
fighting. They carried knives or axes under metal belts. They could
carry items by tying leather pouches onto their belts with their
drawstrings. They wore leather gloves for warmth and for heavy working
with their hands.



	People were as tall, strong and healthy as in the late 1900s, not
having yet endured the later malnourishment and overcrowding that was
its worst in the 1700s and 1800s. Their teeth were very healthy. Most
adults died in their 40s, after becoming arthritic from hard labor.
People in their 50s were deemed venerable. Boys of twelve were
considered old enough to swear an oath of allegiance to the king. Girls
married in their early teens, often to men significantly older.



	The lands of the large landholding lords were administered by freemen.
They had wheat, barley, oats, and rye fields, orchards, vineyards for
wine, and beekeeping areas for honey. On this land lived not only farm
laborers, cattle herders, shepherds, goatherds, and pigherds, but
craftsmen such as goldsmiths, hawkkeepers, dogkeepers, horsekeepers,
huntsmen, foresters, builders, weaponsmiths, embroiders, bronze smiths,
blacksmiths, watermill wrights, wheelwrights, wagon wrights, iron nail
makers, potters, soap makers (made from wood ashes reacting chemically
with fats or oils), tailors, shoemakers, salters (made salt at the
"wyches", which later became towns ending with '-wich'), bakers, cooks,
and gardeners. Most men did carpentry work. Master carpenters worked
with ax, hammer, and saw to make houses, doors, bridges, milk buckets,
washtubs, 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 widows or children who
took up the craft. Mills were usually powered by water. Candles were
made from beeswax, which exuded a bright and steady light and pleasant
smell, or from mutton fat, which had an unpleasant odor. The wheeled
plough and iron-bladed plough made the furrows. One man held the plough
and another walked with the oxen, coaxing them forward with a stick and
shouts. Seeds were held in an apron for seeding. Farm implements
included spades, shovels, rakes, hoes, buckets, barrels, flails, and
sieves. Plants were pruned to direct their growth and to increase their
yield. Everyone got together for feasts at key stages of the farming,
such as the harvest. Easter was the biggest feast. When the lord was in
the field, his lady held their estate. There were common lands of these
estates as well as of communities. Any proposed new settler had to be
admitted at the court of this estate.



	The land of some lords included fishing villages along the coasts. From
the sea were caught herrings, salmon, porpoises, sturgeon, oysters,
crabs, mussels, cockles, winkles, plaice, flounder, and lobsters.
Sometimes whales were driven into an inlet by many boats. River fish
included eels, pike, minnows, burbot, trout, and lampreys. They were
caught by brushwood weirs, net, bait, hooks, and baskets. Oysters were
so numerous that they were eaten by the poor. The king's peace extended
over the waterways. If mills, fisheries, weirs, or other structures were
set up to block them, they were to be destroyed and a penalty paid to
the king.



	Other lords had land with iron mining industries. Ore was dug from the
ground and combined with wood charcoal in a shaft furnace to be smelted
into liquid form. Wood charcoal was derived from controlled charring of
the wood at high temperatures without using oxygen. This burned
impurities from it and left a purer carbon, which burned better than
wood. The pure iron was extracted from this liquid and formed into bars.
To keep the fire hot, the furnaces were frequently placed at windswept
crossings of valleys or on the tops of hills.



	Some lords had markets on their land, for which they charged a toll for
participation. There were about fifty markets in the nation. Cattle and
slaves (from the word "slav") were the usual medium of exchange. An ox
was still worth about 30d. Shaking hands was symbolic of an agreement
for a sale, which had to be carried out in front of witnesses at the
market for any property worth over 20d. The higher the value of the
property, the more witnesses were required. Witnesses were also required
for the exchange of property and to vouch for cattle having being born
on the property of a person claiming them. People traveled to markets on
deep, sunken roads and narrow bridges kept in repair by certain men who
did this work as their service to the King. The king's peace extended to
a couple of high roads, i.e. highways, running the length of the country
and a couple running its width.



	Salt was used throughout the nation to preserve meat over the winter.
Inland saltworks had an elaborate and specialized organization. The
chief one used saltpans and furnaces to extract salt from natural brine
springs. They formed little manufacturing enclaves in the midst of
agricultural land, and they were considered to be neither large private
estates headed by a lord nor appurtenant to such. 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. Sometimes there were investors in a portion of the works who
lived quite at distance away. The sales of salt were mostly retail, but
some bought to resell. Peddlers carried salt to sell from village to
village.



	Some smiths traveled for their work, for instance, stonewrights
building arches and windows in churches, and lead workers putting lead
roofs on churches.



	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."



	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. Streets that probably
date from this time include Milk, Bread, and Wood Streets, and Honey
Lane. There were open air markets such as Billingsgate. There were
wooden quays over much of the river front. Houses were made of wood,
with one sunken floor, or a ground floor with a cellar beneath. Some had
central stone hearths and earth latrines. There were crude pottery
cooking pots, beakers and lamps, wool cloth, a little silk, simple
leather shoes, pewter jewelry, looms, and quernstones (for grinding
flour). Wool, skins, hides, wheat, meal, beer, lead, cheese, salt, and
honey were exported. Wine (mostly for the church), fish, timber, pitch,
pepper, garlic, spices, copper, gems, gold, silk, dyes, oil, brass,
sulphur, glass, slaves, and elephant and walrus ivory were imported.
Goods from the continent were sold at open stalls in certain streets.
Furs and slaves were traded. There was a royal levy on exports by
foreigners merchants. Southwark, across the Thames River from London,was
reachable by a bridge. Southwark contained sleazy docks, prisons, gaming
houses, and brothels.



	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 telling scriptural history,
which could last for several days. The devil often was prominent in
miracle plays.



	Many of these London guilds were known by the name of their founding
member. There were also Frith Guilds (peace guilds) and a Knights'
Guild. The Frith Guild's main object was to enforce the King's laws,
especially the prevalent problem of theft. They were especially
established by bishops and reeves. Members met monthly and contributed
about 4d. to a common fund, which paid a compensation for items stolen.
They each paid 1s. towards the pursuit of the thief. The members were
grouped in tens. Members with horses were to track the thief. Members
without horses worked in the place of the absent horse owners until
their return. When caught, the thief was tried and executed.
Overwhelming force was used if his kindred tried to protect him. His
property was used to compensate the victim for his loss and then divided
between the thief's wife, if she was innocent, the King, and the guild.
Owners of slaves paid into a fund to give one half compensation to those
who lost slaves by theft or escape, and recaptured slaves were to be
stoned to death or hanged. The members of the peace guild also feasted
and drank together. When one died, the others each sang a song or paid
for the singing of fifty psalms for his soul and gave a loaf.



	The Knights' Guild was composed of thirteen military persons to whom
King Edgar granted certain waste land in the east of London, toward
Aldgate, and also Portsoken, which ran outside the eastern wall of the
city to the Thames, for prescribed services performed, probably defense
of the vulnerable east side of the city. This concession was confirmed
by King Edward the Confessor in a charter at the suit of certain
citizens of London, the successors of these knights. Edward granted them
sac and soke [cause and suit] jurisdiction over their men.



	Edward the Confessor made these rules for London:



1.  Be it known that within the space of three miles from all parts
outside of the city a man ought not to hold or hinder another, and also
should not do business with him if he wish to come to the city under its
peace. But when he arrives in the city, then let the market be the same
to the rich man as to the poor.



2.  Be it also known that a man who is from the court of the king or the
barons ought not to lodge in the house of any citizen of London for
three nights, either by privilege or by custom, except by consent of the
host. For if he force the host to lodge him in his house and there be
killed by the host, let the host choose six from his relatives and let
him as the seventh swear that he killed him for the said cause. And thus
he will remain quit of the murder of the     deceased towards the king
and relatives and lords of the deceased.



3.  And after he has entered the city, let a foreign merchant be lodged
wherever it please him. But if he bring dyed cloth, let him see to it
that he does not sell his merchandise at retail, but that he sell not
less than a dozen pieces at a time. And if he bring pepper, or cumin, or
ginger, or alum, or brasil wood, or resin, or incense, let him sell not
less than fifteen pounds at a time. But if he bring belts, let him sell
not less than a thousand at a     time. And if he bring cloths of silk,
or wool or linen, let him see that he cut them not, but sell them whole.
But if he bring wax, let him sell not less than one quartanum. Also a
foreign merchant may not buy dyed cloth, nor make the dye in the city,
nor do any work which belongs by right to the citizens.



4.  Also no foreign merchant with his partner may set up any market
within the city for reselling goods in the city, nor may he approach a
citizen for making a bargain, nor may he stop longer in the City.



	Every week in London there was a folkmote at St. Paul's churchyard,
where majority decision was a tradition. By 1032, it had lost much of
its power to the husting [household assembly in Danish] court. The
folkmote then had responsibility for order and was the sole authority
for proclaiming outlaws. It met three times a year at St. Paul's
churchyard and there acclaimed the sheriff and justiciar, or if the king
had chosen his officer, heard who was chosen and listened to his charge.
It also yearly arranged the watch and dealt with risks of fire. It was
divided into wards, each governed by an alderman who presided over the
wardmote, and represented his ward at the folkmote. Each guild became a
ward. The chief alderman was the portreeve. London paid one-eighth of
all the taxes of England.



	Later in the towns, 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. Some traders of these merchant guilds became so
prosperous that they became landholders. Many market places were
dominated by a merchant guild, which had a monopoly of the local trade.
In the great mercantile towns all the land and houses would be held by
merchants and their dependents, all freeholders were connected with a
trade, and everyone who had a claim on public office or magistry would
be a member of the guild. The merchant guild could admit into their
guild country villeins, who became freemen if unclaimed by their lords
for a year and a day. Every merchant who had made three long voyages on
his own behalf and at his own cost ranked as a thegn. 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. The King's established in every shire at least one town with a
market place where purchases would be witnessed, and a mint where
reliable money was coined by a moneyer, who put his name on his coins.
There were eight moneyers in London. Coins were issued to be of value
for only a couple of years. Then one had to exchange them for newly
issued ones at a rate of about 10 old for 8 or 9 new. The difference
constituted a tax. Roughly 10% of the people lived in towns. Some took
surnames such as Tanner, Weaver, or Carpenter. Some had affectionate or
derisive nicknames such as clear-hand, fresh friend, soft bread, foul
beard, money taker, or penny purse. Craftsmen in the 1000s included
goldsmiths, embroiderers, illuminators of manuscripts, and armorers.



	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. They were also
priests and clerics, who maintained the religious services and performed
tasks for which literacy was necessary. Edward was the first king to
have a "Chancellor". He kept a royal seal and was the chief royal
chaplain. He did all the secretarial work of the household and court,
drew up and sealed the royal writs, conducted the king's correspondence,
and kept all the royal accounts. The word "chancellor" signified a
screen behind which the secretarial work of the household was done. He
had the special duty of securing and administering the royal revenue
from vacant benefices. The most important royal officers were the
chamberlains, who took care of the royal bedchamber and adjoining
wardrobe used for dressing and storage of valuables, and the priests.
These royal officers had at first been responsible only for domestic
duties, but gradually came to assume public administrative tasks.



	Edward wanted to avoid the pressures and dangers of living in the rich
and powerful City of London. So he rebuilt a monastic church, an abbey,
and a palace at Westminster about two miles upstream. He started the
growth of Westminster as a center of royal and political power; kings'
councils met there. Royal coronations took place at the abbey. Since
Edward traveled a lot, he established a storehouse-treasury at
Winchester to supplement his traveling wardrobe. At this time, Spanish
stallions were imported to improve English horses. London came to have
the largest and best trained army in England.



	The court invited many of the greatest magnates and prelates [highest
ecclesiastical officials, such as bishops] of the land to the great
ecclesiastical festivals, when the king held more solemn courts and
feasted with his vassals for several days. 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. Edward
started the practice of King's touching people to cure them of scrofula,
a disease which affected the glands, especially in the head and neck. It
was done in the context of a religious ceremony.



	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. He was so greatly revered that a comet was
thought to accompany his death.



	The king established the office of the Chancery to draft documents and
keep records. It created the writ, which was a small piece of parchment
[sheep skin] 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
which hung from the bottom of the document. Writing was done with a
sharpened goose-wing quill. Ink was obtained from mixing fluid from the
galls made by wasps for their eggs on oak trees, rainwater or vinegar,
gum arabic, and iron salts for color.



	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 [possession of jurisdiction of a
private court of a noble or institution to execute the laws and
administer justice over inhabitants and tenants of the estate], toll
[right to have a market and to collect a payment on the sale of cattle
and other property on the estate] and team [probably the right to hold a
court to determine the honesty of a man accused of illegal possession of
cattle or of buying stolen cattle by inquiring of the alleged seller or
a warrantor, even if an outsider], and infangenetheof [the authority to
hang and take the chattels of a thief caught on the estate].



	The town of Coventry consisted of a large monastery estate and a large
private estate headed by a lord. 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], bloodwite
[the authority to impose a forfeiture for assault involving bloodshed],
fightwite [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].



	Every man was expected to have a lord to whom he gave fealty. He swore
by this fealty oath: "By the Lord, before whom this relic is holy, I
will be to faithful and true, and love all that he loves, and shun all
that he shuns, according to God's law, and according to the world's
principle, and never, by will nor by force, by word nor by work, do
ought of what is loathful to him; on condition that he keep me as I am
willing to deserve, and all that fulfill that our agreement was, when I
to him submitted and chose his will." If a man was homeless or lordless,
his brothers were expected to find him such, e.g. in the folkmote.
Otherwise, he was to be treated as a fugitive and could be slain, and
anyone who had harbored him would pay a penalty. Brothers were also
expected to protect their minor kinsmen.



	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 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". The marriage was written into
church records. After witnessing the wedding, friends 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.



	Women could own land, houses, and furniture and other property. They
could even make wills that disinherited their sons. 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 segregated 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; and copying and illuminating
books. They chanted to pay homage and to communicate with God or his
saints. They 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. They bathed a few times a
year. They got their drinking water from upstream of where they had
located their latrines over running water. The large monasteries had
libraries, dormitories, guesthouses, kitchens, butteries to store wine,
bakehouses, breweries, dairies, granaries, barns, fishponds, 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 abstain from red meat and
wine and were to be celibate. But there were periods of laxity.
Punishment was by the cane or scourge.



	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. As
God's minister, the king could only do right. From 973, the new king
swore to protect the Christian church, to prevent inequities to all
subjects, and to render good justice, which became a standard oath.



	It was believed that there was a celestial hierarchy, with heavenly
hosts in specific places. The heavenly bodies revolved in circles around
the earthly world on crystal spheres of their own, which were serene,
harmonious, and eternal. This contrasted with the change, death, and
decay that occurred in the earthly world. Also in this world,
Aristotle's four elements of earth, air, fire, and water sought their
natural places, e.g. bubbles of air rising through water. The planets
were called wanderers because their motion did not fit the circular
scheme.



	God intervened in daily life, especially if worshipped. Saints such as
Bede and Hilda performed miracles, especially ones of curing. Their
spirits could be contacted through their relics, which rested at the
altars of churches. When someone was said to have the devil in him,
people took it quite literally. A real Jack Frost nipped noses and
fingers and made the ground too hard to work. Little people, elves,
trolls, and fairies inhabited the fears and imaginings of people. The
forest was the mysterious home of spirits. People prayed to God to help
them in their troubles and from the work of the devil. Since natural
causes of events were unknown, people attributed events to wills like
their own. Illness was thought to be caused by demons. People hung
charms around their neck for cure and treatments of magic and herbs were
given. Some had hallucinogenic effects, which were probably useful for
pain. For instance, the remedy for "mental vacancy and folly" was a
drink of "fennel, agrimony, cockle, and marche". Blood- letting by
leeches and cautery were used for most maladies, which were thought to
be caused by imbalance of the four bodily humors: sanguine, phlegmatic,
choleric, and melancholic. These four humors reflected the four basic
elements air, water, fire, and earth. Blood was hot and moist like air;
phlegm was cold and moist like water; choler or yellow bile was hot and
dry like fire; and melancholy or black bile was cold and dry like earth.
Bede had explained that when blood predominates, it makes people joyful,
glad, sociable, laughing, and talking a great deal. Phlegm renders them
slow, sleepy, and forgetful. Red cholic makes them thin, though eating
much, swift, bold, wrathful, and agile. Black cholic makes them serious
of settled disposition, even sad. To relieve brain pressure and/or maybe
to exorcise evil spirits, holes were made in skulls by a drill with a
metal tip that was caused to turn back and forth by a strap wrapped
around a wooden handle. A king's daughter Edith inspired a cult of holy
wells, whose waters were thought to alleviate eye conditions. Warmth and
rest were also used for illness. Agrimony boiled in milk was thought to
relieve impotence in men.



	It was known that the liver casted out impurities in the blood. The
stages of fetal growth were known. The soul was not thought to enter a
fetus until after the third month, so presumably abortions within three
months were allowable.



	The days of the week were Sun day, Moon day, Tiw's day (Viking god of
war), Woden's day (Viking god of victory, master magician, calmer of
storms, and raiser of the dead), Thor's day (Viking god of thunder),
Frig's day (Viking goddess of fertility and growing things), and
Saturn's day (Roman god). Special days of the year were celebrated:
Christmas, the birthday of Jesus Christ; the twelve days of Yuletide (a
Viking tradition) when candles were lit and houses decorated with
evergreen and there were festivities around the burning of the biggest
log available; Plough Monday for resumption of work after Yuletide;
February 14th with a feast celebrating Saint Valentinus, a Roman bishop
martyr who had married young lovers in secret when marriage was
forbidden to encourage men to fight in war; New Year's Day on March 25th
when seed was sown and people banged on drums and blew horns to banish
spirits who destroy crops with disease; Easter, the day of the
resurrection of Jesus Christ; Whitsunday, celebrating the descent of the
Holy Spirit on the apostles of Jesus and named for the white worn by
baptismal candidates; May Day when flowers and greenery was gathered
from the woods to decorate houses and churches, Morris dancers leapt
through their villages with bells, hobby horses, and waving scarves, and
people danced around a May pole holding colorful ribbons tied at the top
so they became entwined around the pole; Lammas on August 1st, when the
first bread baked from the wheat harvest was consecrated; Harvest Home
when the last harvest load was brought home while an effigy of a goddess
was carried with reapers singing and piping behind, and October 31st,
the eve of the Christian designated All Hallow Day, which then became
known as All Hallow Even, or Halloween. People dressed as demons,
hobgoblins, and witches to keep spirits away from possessing them. Trick
or treating began with Christian beggars asking for "soul cake" biscuits
in return for praying for dead relatives. Ticktacktoe and backgammon
were played.



There were riddles such as:



    I am a strange creature, for I satisfy women ...     I grow very
tall, erect in a bed.     I'm hairy underneath. From time to time     A
beautiful girl, the brave daughter     Of some fellow dares to hold me
  Grips my reddish skin, robs me of my head     And puts me in the
pantry. At once that girl     With plaited hair who has confined me
Remembers our meeting. Her eye moistens.     What am I?     An onion.



    A man came walking where he knew     She stood in a corner, stepped
forwards;     The bold fellow plucked up his own     Skirt by hand,
stuck something stiff     Beneath her belt as she stood,     Worked his
will. They both wiggled.     The man hurried; his trusty helper
Plied a handy task, but tired     At length, less strong than she,
Weary of the work. Thick beneath     Her belt swelled the thing good men
    Praise with their hearts and purses.     What am I?     A milk
churn.



	The languages of invaders had produced a hybrid language that was
roughly understood throughout the country. The existence of Europe,
Africa, Asia, and India were known. Jerusalem was thought to be at the
center of the world. There was an annual tax of a penny on every hearth,
Peter's pence, to be collected and sent to the pope in Rome.
Ecclesiastical benefices were to pay church- scot, a payment in lieu of
first fruits of the land, to the pope.



                              - The Law -



	The king and witan deliberated on the making of new laws, both secular
and spiritual, at the regularly held witanagemot. There was a standard
legal requirement of holding every man accountable, though expressed in
different ways, such as the following three:



	Every freeman who does not hold land must find a lord to answer for
him. The act of homage was symbolized by holding his hands together
between those of his lord. Every lord shall be personally responsible as
surety for the men of his household. [This included female lords.] (King
Athelstan)



	"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 twelve months, he shall deliver him up to justice, and what he
has paid shall be returned to him." (King Edgar)



	Every freeman who holds land, except lords with considerable landed
property, must be in a local tithing, usually ten to twelve men, in
which they serve as personal sureties for each other's peaceful
behavior. If one of the ten landholders in a tithing is accused of an
offense, the others have to produce him in court or pay a fine plus pay
the injured party for the offense, unless they could prove that they had
no complicity in it. If the man is found guilty but can not pay, his
tithing must pay his fine. The chief officer is the "tithing man" or
"capital pledge". There were probably ten tithings in a hundred. (King
Edward the Confessor).



	Everyone was to take an oath not to steal, which one's surety would
compel one to keep.



	No one may receive another lord's man without the permission of this
lord and only if the man is blameless towards every hand. The penalty is
the bot for disobedience. No lord was to dismiss any of his men who had
been accused, until he had made compensation and done right.



	"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 may 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. The penalty was
payment of a bot or denial of burial in consecrated ground. A law of
Canute provided that if a wife was guilty of adultery, she forfeited all
her property to her husband and her nose and ears, but this law did not
survive him.



	Laymen may marry a second time, and a young widow may again take a
husband, but they will not receive a blessing and must do penance for
their incontinence.



	Prostitutes were to 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 other's
consent.



	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 received 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
[manor; 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. Self-help was
available for hamsocne [breaking into a man's house to assault him].



	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."
The king's peace usually extended to important designated individuals,
churches, assemblies, those traveling to courts or assemblies, and
particular times and places. Often a king would extend his peace to
fugitives from violent feuds if they asked the king, earls, and bishops
for time to pay compensation for their misdeeds. From this came the
practice of giving a portion of the "profits of justice" to such men who
tried the fugitive. The king's peace came to be extended to those most
vulnerable to violence: foreigners, strangers, and kinless persons.



	"If anyone by force break or enter any man's court or house to slay or
wound or assault a man, he shall pay 100s. 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."



	If a person fights and wounds anyone, he is liable for his wer. If he
fells a man to death, he is then an outlaw and is to be seized by
raising the hue and cry. And if anyone kills him for resisting God's law
or the king's, there will be no compensation for his death.



	A man could kill a thief over twelve years in the act of carrying off
his property over 8d., 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].



	Cattle theft could be dealt with only by speedy pursuit. A person who
had involuntarily lost possession of cattle is to at once raise the hue
and cry. He was to inform the hundredman, who then called the
tithingmen. All these neighbors had to then follow the trail of the cow
to its taker, or pay 30d. to the hundred for the first offense; and 60d.
for the second offense, half to the hundred and half to the lord; and
half a pound [10s.] for the third offense; and forfeiture of all his
property and declared outlaw for the fourth offense. If the hundred
pursued a track into another hundred, notice was to be given to that
hundredman. If he did not go with them, he had to pay 30s. to the king.



	If a thief was brought into prison, he was to be released after 40 days
if he paid his fine of 120s. His kindred could become his sureties, to
pay according to his wer if he stole again. If a thief forfeited his
freedom and gave himself up, but his kindred forsook him, and he does
not know of anyone who will make bot for him; let him then do
theow-work, and let the wer abate for the kindred.



	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.



	Moneyers accused of minting money outside a designated market were to
go to the ordeal of the hot iron with the hand that was accused of doing
the fraud. If he was found guilty, his hand that did the offense was to
be struck off and be set up on the money- smithy.



	No marketing, business, or hunting may be done on Sundays.



	No one may bind a freeman, 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.



	No clergy may gamble or participate in games of chance.



	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 halfpenny 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 halfpenny 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 sheep 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 taxgatherer 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 goodwill 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. (In 956, a person
found guilty of illicit coining was punished by loss of a hand.)



                         - Judicial Procedure -



	There were courts for different geographical communities. The
arrangement of the whole kingdom into shires was completed by 975 after
being united under King Edgar.



	A shire was a larger area of land, headed by an earl. A shire reeve or
"sheriff" represented the royal interests in the shires and in the shire
courts. This officer came to be selected by the king and earl of the
shire to be a judicial and financial deputy of the earl and to execute
the law. The office of sheriff, which was not hereditary, was also
responsible for the administration of royal lands and royal accounts.
The sheriff summoned the freemen holding land in the shire, four men
selected by each community or township, and all public officers to meet
twice a year at their "shiremote". Actually only the great lords - the
bishops, earls, and thegns - attended. The shire court was primarily
concerned with issues of the larger landholders. Here the freemen
interpreted the customary law of the locality. The earl declared the
secular law and the bishop declared the spiritual law. They also
declared the sentence of the judges. The earl usually took a third of
the profits, such as fines and forfeits, of the shire court, and the
bishop took a share. In time, the earls each came to supervise several
shires and the sheriff became head of the shire and assumed the earl's
duties there, such as heading the county fyrd. The shire court also
heard cases which had been refused justice at the hundredmote and cases
of keeping the peace of the shire.



	The hundred was a division of the shire, having come to refer to a
geographical area rather than a number of households. The monthly
hundredmote could be attended by any freeman holding land (or a lord's
steward), but was usually attended only by reeve, thegns, parish priest,
and four representatives selected by each agrarian community or village
- usually villeins. Here transfers of land were witnessed. A reeve,
sometimes the sheriff, presided over local criminal and peace and order
issues ["leet jurisdiction", which derived from sac and soc
jurisdiction] and civil cases at the hundred court. All residents were
expected to attend the leet court. The sheriff usually held each hundred
court in turn. The suitors to these courts were the same as those of the
shire courts. They were the judges who declared the law and ordered the
form of proof, such as compurgatory oath and ordeal. They were
customarily thegns, often twelve in number. They, as well as the king
and the earl, received part of the profits of justice. Summary procedure
was followed when a criminal was caught in the act or seized after a hue
and cry. Every freeman over age twelve had to be in a hundred and had to
follow the hue and cry.



	"No one shall make distraint [seizure of personal property out of the
possession of an alleged wrongdoer into the custody of the party
injured, to procure a satisfaction for a wrong committed] of property
until he has appealed for justice in the hundred court and shire court".



	In 997, King Ethelred in a law code ordered the sheriff and twelve
leading magnates of each shire to swear to accuse no innocent man, nor
conceal any guilty one. This was the germ of the later assize, and later
still the jury.



	The integrity of the judicial system was protected by certain
penalties: for swearing a false oath, bot as determined by a cleric who
has heard his confession, or, if he has not confessed, denial of burial
in consecrated ground. Also a perjurer lost his oath-worthiness.
Swearing a false oath or perjury was also punishable by loss of one's
hand or half one's wergeld. A lord denying justice, as by upholding an
evildoing thegn of his, had to pay 120s. to the king for his
disobedience. Furthermore, if a lord protected a theow of his who had
stolen, he had to forfeit the theow and pay his wer, for the first
offense, and he was liable for all he property, for subsequent offenses.
There was a bot for anyone harboring a convicted offender. If anyone
failed to attend the gemot thrice after being summoned, he was to pay
the king a fine for his disobedience. If he did not pay this fine or do
right, the chief men of the burh were to ride to him, and take all his
property to put into surety. If he did not know of a person who would be
his surety, he was to be imprisoned. Failing that, he was to be killed.
But if he escaped, anyone who harbored him, knowing him to be a
fugitive, would be liable pay his wer. Anyone who avenged a thief
without wounding anyone, had to pay the king 120s. as wite for the
assault.



	"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."



	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 of large private estates had various kinds
of jurisdiction recognized by the King: sac and soke [possession of
legal powers of execution and profits of justice held by a noble or
institution over inhabitants and tenants of the estate, exercised
through a private court], toll [right to collect a payment on the sale
of cattle and property] and team [right to hold a court to determine the
honesty of a man accused of illegal possession of cattle],
infangenetheof [the authority to judge and to hang and take the chattels
of a thief caught on the property], and utfangenetheof [the authority to
judge and to hand and take the chattels of a thief dwelling out of his
liberty, and committing theft without the same, if he were caught within
the lord's property]. Some lords were even given jurisdiction over
breach of the royal peace, ambush and treacherous manslaughter,
harboring of outlaws, forced entry into a residence, and failure to
answer a military summons. Often this court's jurisdiction overlapped
that of the hundred court and sometimes a whole hundred had passed under
the jurisdiction of an abbot, bishop, or earl.



	A lord and his noble lady, or his steward, presided at this court. The
law was administered here on the same principles as at the hundred
court. Judges of the leet of the court of a large private estate were
chosen from the constables and four representatives selected from each
community, village, or town.



	The vill [similar to village] was the smallest community for judicial
purposes. There were several vills in a hundred.



	Before a dispute went to the hundred court, it might be taken care of
by the head tithing man, e.g. cases between vills, between neighbors,
and some compensations and settlements, namely concerning pastures,
meadows, harvests, and contests between neighbors.



	In London, the Hustings Court met weekly and decided such issues as
wills and bequests and commerce matters. The folkmote of all citizens
met three times a year. Each ward had a leet court [for minor criminal
matters].



	The king and his witan decided the complaints and issues of the
nobility and those cases which had not received justice in the hundred
or shire court. The witan had a criminal jurisdiction and could imprison
or outlaw a person. The witan could even compel the king to return any
land he might have unjustly taken. Specially punishable by the king was
"oferhyrnesse": contempt of the king's law. It covered refusal of
justice, neglect of summons to gemot or pursuit of thieves, disobedience
to the king's officers, sounding the king's coin, accepting another
man's dependent without his leave, buying outside markets, and refusing
to pay Peter's pence.



	The forests were peculiarly subject to the absolute will of the king.
They were outside the common law. Their unique customs and laws
protected the peace of the animals rather than the king's subjects. Only
special officials on special commissions heard their cases.



	The form of oaths for compurgation were specified for theft of cattle,
unsoundness of property bought, and money owed for a sale. The defendant
denied the accusation by sweating that "By the Lord, I am guiltless,
both in deed and counsel, and of the charge of which ... accuses me." A
compurgator swore that "By the Lord, the oath is clean and unperjured
which ... has sworn.". A witness swore that "In the name of Almighty
God, as I here for ... in true witness stand, unbidden and unbought, so
I with my eyes oversaw, and with my ears overheard, that which I with
him say."



	If a theow man was guilty at the ordeal, he was not only to give
compensation, but was to be scourged thrice, or a second geld be given;
and be the wite of half value for theows.



                          - - - Chapter 4 - - -



                        - The Times: 1066-1100 -



	William came from Normandy to conquer England. 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. The Conquerer'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 such as
spears and shields. They fought in a line holding up their shields to
overlap each other and form a shieldwall. The defeat of the English was
thought to have been presaged by a comet.



	At Westminster, he made an oath to defend God's holy churches and their
rulers, to rule the whole people subject to him with righteousness and
royal providence, to enact and hold fast right law, and to utterly
forbid rapine and unrighteous judgments. This was in keeping with the
traditional oath of a new king.



	Declaring the English who fought against him to be traitors, the
Conquerer declared their land confiscated. But he allowed those who were
willing to acknowledge him to redeem their land by a payment of money.
As William conquered the land of the realm, he parceled it out among the
barons who fought with him so that each baron was given the holdings of
an Anglo-Saxon predecessor, scattered though they were. The barons 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 original duration of a
knight's fee until about 1100 was for his life; thereafter it was
heritable. The word "knight" came to replace the word "thegn" as a
person who received his position and land by fighting for the King. The
exact obligation of knight's service was to furnish a fully armed
horseman to serve at his own expense for forty days in the year. This
service was not limited to defense of the country, but included fighting
abroad. The baron led his own knights under his banner. The foot
soldiers were from the fyrd or were mercenaries. Every free man was
sworn to join in the defense of the king, his lands and his honor,
within England and without.



	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. Some men were allowed to redeem their
land by money payment if they showed loyalty to the Conquerer. Well-born
women crowded into nunneries to escape Norman violence. The people were
deprived of their most popular leaders, who were excluded from all
positions of trust and profit, especially all the clergy. The earldoms
became fiefs instead of magistracies.



	The Conquerer 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. This example pacified others. His rule was
strong, resolute, wise, and wary. He was not arbitrary or oppressive.
The Conquerer 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, who outnumbered the Normans by 300 to 1, 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. The Conquerer
extended the King's peace on the highways, i.e. roads on high ground, 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' 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. The value of a knight's
fee was 400s. [20 pounds] per year. 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 county
[formerly "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. The King's peace that had
covered his residence and household had extended to places where he
might travel, such as highways, rivers, bridges, churches, monasteries,
markets, and towns, and then encompassed every place, replacing the
general public peace. Infraction of the King's peace incurred fines to
the King.



	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. A tenant could not alienate his land without permission of his lord.
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 that
every freeman take an oath of loyalty directly to the king to assist him
in preserving his lands and honor and defending him against his enemies,
which oath would supersede any oath to any other man, gave the nation a
new unity. The king could call men directly to the fyrd, summon them to
his court, and tax them without intervention of their lords. And the
people learned to look to the king for protection from abuse by their
lords.



	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, except to go on a pilgrimage. 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 [a keep] on a small,
steep hill. Later it also had an open area surrounded by a stone
curtain-wall with towers at the corners. Around the outside of 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 only
winter feed was hay, for which the horses, breeding animals, milkcow,
and workoxen had a priority over other animals. The bulk of the cattle
were usually slaughtered and salted.



	The castle building typically was entered by an outer wood staircase to
the guard room on the second floor. The first [ground] 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 latrines in the corner walls with a pit
or shaft down the exterior of the wall, sometimes to the moat. Furs and
wool clothes were hung on the walls there in the summer to deter the
moths. The first floor had only arrow slits in the walls, but the higher
floors had small windows.



	Some curtain-wall castles did not have a central building. In these,
the hall was built along the inside of the walls, as were other
continuous buildings. The kitchens and chapels were in the towers.
Lodgings were in buildings along the curtain-walls, or on several floors
of the towers.



	The great hall was the main room 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 [free pledge in Latin], in which
freemen agreed to be sureties for each other. At the main table, the
lord and his lady sat on benches with backs or chairs. The table was
covered first with a wool cloth that reached to the floor, and then by a
smaller white linen cloth. Everyone else sat on benches at trestle
tables, which consisted of planks on trestles and could be dismantled,
e.g. at night. Over the main door were the family arms. On the walls
were swords ready for instant use. On the upper parts of the walls could
be fox skins and perhaps a polecat skin, and keepers' and huntsmen's
poles. There were often hawk perches overhead. At the midday dinner,
courses were ceremonially brought in to music, and ritual bows were made
to the lord. The food at the head table was often tasted first by a
servant as a precaution against poison. Hounds, spaniels, and terriers
lay near the hearth and cats, often with litters, nestled nearby. They
might share in dinner, but the lord may keep a short stick near him to
defend morsels he meant for himself. Hunting, dove cotes, and carp pools
provided fresh meat. Fish was compulsory eating on Fridays, on fast
days, and during Lent. Cooking was done outside on an open fire,
roasting on spits and boiling in pots. Some spits were mechanized with a
cogged wheel and a weight at the end of a string. Other spits were
turned by a long handle, or a small boy shielded from the heat by a wet
blanket, or by dogs on a treadmill. Underneath the spit was a dripping
pan to hold the falling juices and fat. Mutton fat was used for candles.
Bread, pies, and pastry dishes were baked in an oven: a hole in a
fireproof stone wall fitted with an iron door, in which wood was first
burnt to heat the oven walls. It could also be used for drying fruit or
melting tallow. Fruits were also preserved in honey. Salt was stored in
a niche in the wall near the hearth and put on the table in a salt
cellar which became more elaborate over the years. Salt was very
valuable and gave rise to the praise of a man as the salt of the earth.
Costly imported spices such as cinnamon, cloves, nutmeg, ginger, pepper,
and a small quantity of sugar were kept in chests. Pepper was always on
the table to disguise the taste of tainted meat. Spices were tried for
medicinal use. Drinks included wine, ale, cider from apples, perry from
pears, and mead. People carried and used their own knives. There were no
forks. Spoons were of silver or wood. People also ate with their fingers
and washed their hands before and after meals. It was impolite to dig
into the salt bowl with a knife not previously wiped on bread or napkin,
which was linen. It was unmannerly to wipe one's knife or one's greasy
fingers on the tablecloth or, to use the tablecloth to blow one's nose.
Feasts were stately occasions with costly tables and splendid apparel.
There were practical jokes, innocent frolics, and witty verbal debating
with repartee. They played chess, checkers, and various games with cards
and dice. Most people could sing and some could play the lute.



	Lighting of the hall at night was by oil lamps or candles on stands or
on wall fixtures. For outside activities, a lantern [a candle shielded
by a metal cage with panels of finely shaved horn: lant horn] was used.
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. Most of the gentlemen servants slept communally
in a "knight's chamber". 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. One-piece iron shears were available to cut cloth. Handheld
spindles were used for weaving; one hand held the spindle [a small stick
weighted at one end] while the other hand alternately formed the thread
and wound it around the spindle. On the roofs 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. The entire household was
of men, except for the lord's lady with a few lady companions. The
ladies rode pillion [on a cushion behind the saddle] or in litters
suspended between two horses.



	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 on his face and around his ears and at
the nape of the neck. His hair was 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 tight thick cloth stockings to protect him from the
mud and leather shoes. Common men wore durable, but drab, wool 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 wore a high-necked,
long- sleeved linen or wool tunic fitted at the waist and laced at the
side, but full in the skirt, which reached to her toes. 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 and ears covered with a
white round cloth held in place by a metal circlet like a small crown.
Its ends were wound around her neck. In winter, she wore over her tunic
a cloak edged or lined with fur and fastened at the front with a cord.
Clothes of both men and ladies were brightly colored by dyes or
embroidery. The Norman knight wore an over-tunic of leather or heavy
linen on which were sewn flat rings of 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.



	Those few coerls whose land was not taken by a baron remained free and
held their land "in socage" and became known as sokemen. They were not
fighting men, and did not give homage, but might give fealty, i.e.
fidelity. 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 freeman. The
freeman still had a place in court proceedings which the unfree villein
did not.



	Great stone cathedrals were built in fortified towns for the
Conquerer'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.



	The Conquerer made the church subordinate to him. Bishops were elected
only subject to the King's consent. The bishops had to accept the status
of barons. Homage was exacted from them before they were consecrated,
and fealty and an oath afterward. The Conquerer imposed knight's service
on bishoprics, abbeys, and monasteries, which was usually 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. The Archbishop of Canterbury was still recognized as a
primary advisor to the king. Over the years, the selection for this
office frequently became a source of contention among king, pope, and
clergy.



	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 appurtenances which he has at
Sandwich and that he has given what he has given by my license." Many
private owners of churches gave them to cathedrals or monastic
communities, partly to ensure their long term survival, and partly
because of church pressure.



	When the land was all divided out, the barons had about 3/7 of it and
the church about 2/7. Most of the barons had been royal servants. The
king retained about 2/7, including forests for hunting, for himself and
his family and household, on which he built many royal castles and
hundreds of manor [large private estate headed by a lord] houses
throughout the nation. He built the massive White Tower in London. It
was tall with four turrets on top, and commanded a view of the river and
bridge, the city and the surrounding countryside. The only windows were
slits from which arrows could be shot. On the fourth and top floor was
the council chamber and the gallery of the chapel. On the third floor
was the banqueting hall, the sword room, and the chapel. The king and
his household slept in apartments on these upper floors. Stairs went up
to the gateway entrance on the second floor, which were hidden by a
wall. The garrison's barracks were on the first floor (ground floor).
Any prisoners were kept in cells at a level below the first floor. The
other castles were often built at the old fortification burhs of Alfred.
Each had a constable in charge, who was a baron. Barons and earls had
castle-guard duty in the king's castles. The Conquerer was constantly
moving about the land among his and his barons' castles, where he met
with his magnates and conducted public business, such as deciding
disputes about holding of land. Near his own 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. It included a bundle of
communities, townships, parishes, and lordships. 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
great citizens had the land qualifications of knights and ranked as
barons on the Conquerer's council. 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 (of which there were many in the 1000s and 1100s), 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 portreeve. Across the
Thames from London on its south side was Southwark, a small trading and
fishing settlement.



	The Conquerer did not interfere with landholding in London, but
recognized its independence as a borough in this writ: "William the King
greets William, Bishop of London, and Gosfrith the portreeve, and all
the burgesses [citizens] 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." The Norman word "mayor" replaced "portreeve".



	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.



	Under pressure from the ecclesiastical judges, the Conquerer 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 the Conquerer 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 [jurisdiction over breach of the
right of security and privacy in a man’s house, e.g. by forcible
entry],, 5) grithbrice - violation of the grantees' special peace, for
instance that of the sheriff, 6) fightwite - fine for a general breach
of the peace, 7) fyrdwite - fine for failure to appear in the fyrd.



	Every shire, now called "county", had at least one burh, or defensible
town. Kings had appointed a royal moneyer in each burh to mint silver
coins such as pennies 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. The Conquerer's head faced frontally on his dies, instead of the
usual profile used by former Kings.



	The Conquerer held and presided over his council three times a year, as
was the custom, at Easter, Christmas, and Whitsuntide, which coincided
with the great Christian festivals. This was an advisory council and
consisted of the Conquerer's wife and sons, earls, barons, knights,
officers of the King's household, archbishops, and bishops. It replaced
the witan of wise men. It dealt with fundamental matters of law, state,
war, and church. Earldoms and knighthoods were conferred and homages to
the king were witnessed. Bishops were nominated. Attendance at the
council, like attendance at courts, was regarded as a burden rather than
a privilege. The Conquerer's will was the motive force which under lay
all the council's action. When it was administering royal justice, it
was called the Royal Court.



	The Justiciar was the head of all legal matters and he or the
Conquerer's wife represented the King at the Royal Court in his absence
from the realm. The chamberlain was a financial officer of the
household; his work was rather that of auditor or accountant. The
Chancellor headed the Chancery and the chapel. Other household offices
were steward, butler, constable, and marshall. The Treasurer was
responsible for the collection and distribution of revenue and was the
keeper of the royal treasure at the palace at Winchester. He was also an
important member of the household and sat in the Exchequer at
Westminster, where he received the accounts of the sheriffs. The
Exchequer was composed of the justiciar as head, the chancellor, the
constable, two chamberlains, the marshall and other experienced
councilors. The word "Exchequer" came from the chequered cloth on the
table used to calculate in Roman numerals the amount due and the amount
paid. The word "calculate" derives from the word "calculi", meaning
pebbles. It was a kind of abacus. The Exchequer 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 Conqueror presided
yearly over feasts involving several thousand guests at Westminster
Hall, which was 250 feet by 70 feet with a high ceiling, the largest
hall in England.



	The Conquerer'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, chamberlain, constable,
marshals, steward, and butler. The language of government changed to
Latin. The chancellor was from the clergy and supervised the writers and
clerks, who were literate, and appended the great seal before witnesses
to documents. He also headed the staff of the royal chapel. The
chamberlain was a financial officer who audited and accounted. The
constable was responsible for supplies for the knights of the royal
household. He also supervised the care of horses, hounds, hawks, and
huntsmen, houndsmen, and foresters. The marshals came from less
important families than the constable and they preserved order in the
king's hall and recorded expenditures of the household officers on
tallies. The steward was a great baron whose duties were chiefly
ceremonial, such as placing the dishes before the king at banquets.



	Sheriffs became powerful figures as the primary agents for enforcing
royal edicts. There was no longer supervision of them by earls nor
influence on them by bishops. They were customarily prominent barons.
They collected the royal taxes, executed royal justice, and presided
over and controlled the hundred and county courts. They were responsible
for remitting a certain sum annually. If a sheriff received more than
necessary, he retained the difference as his lawful profit of office. If
he received less than necessary, he had to make up the difference from
his own pocket. Before rendering this account, he paid the royal
benefactions to religious houses, provided for the maintenance of stock
on crown lands, paid for the costs of provisions supplied to the court,
and paid for traveling expenses of the king and his visitors. The
payments were initially paid in kind: e.g. grain, cattle, horses,
hounds, and hawks. Sheriffs 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 county courts. They also led the county militia in
time of war or rebellion. At times, a sheriff usurped royal rights, used
royal estates for his own purposes, encroached on private land and
rights, extorted money, and collected revenues only for his own pockets.
Over the centuries, there was much competition for the authority to
select the sheriff, e.g. by the king, the county court, the barons, and
the Exchequer. There was also much pressure to limit his term to one
year. Over time, the powers of the sheriffs slowly declined.



	Royal income came from customary dues, profits of coinage and of
justice, and revenues from the King's own estates. For war, there was no
change in the custom that a man with five hides of land was required to
furnish one heavy armed horseman for forty days service in a year. The
fyrd was retained. A threat of a Viking invasion caused the Conquerer to
reinstate the danegeld tax at 6s. per hide, which was three times its
old rate. (The price of an ox was still about 30d.) To impose this tax
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
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 salthouse or
saltpit in the local saltworks, from which they were entitled to obtain
salt.



	In total there were about 110,000 villani [former coerls regarded as
customary, irremovable cultivator tenants]; 82,000 bordarii; 7,000
cotarii and cotseti [held land by service of labor or rent paid in
produce], and 25,000 servi [landless laborers]. There are no more
theows. This survey resulted in the first national tax system of about
6s. per hide of land.



	The survey also provided the Conquerer 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 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, jousting, and engaged in team sports
in which the goal was to put the other side to rout. They learned the
knightly art of war. Enemy fighters were to be taken and held for ransom
rather than killed. Those engaging in rebellion were to be pardoned and
restored to some or all of their lands and titles. Lords' sons could be
mutually exchanged with an enemy's as security for peace. After
achieving knighthood, a man usually selected a wife from the court at
which he grew up. Parents tried to send their daughters to a household
superior in social status not only to learn manners, but to make a good
marriage. A girl who did not marry was often sent to a nunnery; a dowry
was necessary before her acceptance.



	The following incidents of land tenure began (but were not firmly
established until the reign of Henry II). Each tenant, whether baron or
subtenant, was 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. The aid was theoretically
voluntary. 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. Younger sons of great houses became bishops. An heir of a
tenant had to pay a heavy "relief" on succession to his estate. The
relief replaced the heriot. 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. The mother was not made a minor's guardian. No longer was the
estate protected by the minor's kin as his birthright. 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. The word "felony" came from the Latin word
meaning "to deceive" and referred to the feudal crime of betraying or
committing treachery against one's 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."



	The Conquerer allowed Jewish traders to follow him from Normandy and
settle in separate sections of the main towns. Then engaged in long
distance trade, money changing, and money lending. They loaned money for
interest 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. They could practice their own
religion.



	William the Conquerer was succeeded as king by his son William II
(Rufus), who transgressed many of the customs of the nation to get more
money for himself. He was killed by an arrow of a fellow hunter while
they and William's younger brother Henry were hunting together in a
crown forest. Henry then became king.



                              - The Law -



	The Norman conquerors brought no written law, but affirmed the laws of
the nation. Two they especially enforced were:

1. 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.

2. All freemen shall have a surety who would hand him over to justice
for his offenses or pay the damages or fines due. If an accused man
fled, his surety would have a year to find him to obtain reimbursement.



	The Conquerer proclaimed that:



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 cases
concerning the cure of souls and criminal cases, in which the ordeal was
used. When the Conquerer did not preside over this court, an appeal
could be made to him.



	The hundred and county courts now sat without clergy 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. They
continued to transact their business in the English language.



	The local jurisdictions of thegns who had grants of sac and soke or who
exercised judicial functions among their free neighbors were now called
"manors" under their new owners, who conducted a manor court.



	The Conquerer's Royal Court was called the "Curia Regis". When the
Conquerer wished to determine the national laws, he summoned twelve
elected representatives of each county to declare on oath the ancient
lawful customs and law as they existed in the time of the popular King
Edward the Confessor. The recording of this law was begun. A person
could spend months trying to catch up with the Royal Court to present a
case. Sometimes the Conquerer sent the justiciar or commissioners to
hold his Royal Court in the various districts. The commissioner
appointed groups of local men to give a collective verdict upon oath for
each trial he conducted. The Conquerer 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. Besides royal issues, the Curia Regis heard appeals from
lower court decisions. It used English, Norman, feudal, Roman, and canon
law legal principles to reach a decision, and was flexible and
expeditious.



	A dispute between a Norman and an English man over land or a criminal
act could be decided by trial by combat [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 pickaxes 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. After losing the trial by combat, the guilty person would be
punished appropriately.



	London had its own traditions. All London citizens met at its folkmote,
which was held three times a year to determine its public officers, to
raise matters of public concern, and to make ordinances. Its criminal
court had the power of outlawry as did the county 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]. (The
election was by a small governing body and the most wealthy and
reputable men and 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 wardmotes in his ward and decided criminal
and civil issues between its residents. Within the wards were the guilds
of the city.



	The Normans, as foreigners, were protected by the king's peace. The
entire hundred was the ultimate surety for murder and would have to pay
a "murdrum" fine of 31 pounds [46 marks] for the murder of any Norman,
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 ethnicity impossible. So the Conquerer 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 the Conquerer, 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. The private wars
of lords were now replaced by less serious 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. Although illiterate, 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. Euclid's "Elements" ", which deduced from axioms
the properties of lines, circles, and spheres, was introduced into
England.



	Queen Matilda served as regent of the kingdom in Henry's absence, as
William's queen had for him. Both queens received special coronation
apart from their husbands; they held considerable estates which they
administered through their own officers, and were frequently composed of
escheated honors. Matilda was learned and a literary patron. She founded
an important literary and scholastic center. Her compassion was great
and her charities extensive. In London she founded several almshouses
and a caregiving infirmary for lepers. These were next to small monastic
communities. She also 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, William II.



	"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
beunjustly 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, 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 parents], 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 counties, shall henceforth be levied, since it
was not so levied in the time of King Edward [the Confessor]. 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,
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 his 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 payment of queen's gold, that is of a mark of gold to the queen out
of every hundred marks of silver paid, in the way of fine or other
feudal incident, to the king, probably dates from Henry I's reign.



	A woman could inherit a fief if she married. The primary way for a man
to acquire control of 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 stone 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. Others, who were cottars and bordars, had their own
dwellings nearby.



	The manor house of lesser lords or knights was still built of wood,
although it often had a stone foundation.



	About 35% of the land was arable land, about 25% was common pasture
land (for grazing only) or meadow land (near a stream or river and used
for hay or grazing), and about 15% was woodland. There were these types
of land and wasteland on each 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 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. The older children could herd
geese and pigs, and set snares for rabbits. The young children could
gather nuts and berries in season and other wild edibles, and could pick
up little tufts of wool shed by sheep. The old could stay in the hut and
mind the children, keep the fire going and the black pot boiling, sew,
spin, patch clothes, and cobble shoes. The old often suffered from
rheumatism. Many people had bronchitis. Many children died of croup
[inflammation of the respiratory passages]. Life expectancy was probably
below thirty-five.



	The villein retained his customary rights, his house and land and
rights of wood and hay, and his right in the common land of his
township. Customary ways were maintained. 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
carrying the lord's shield and arms, finding attendants and esquires for
knights, helping in the lord's hunting expeditions, looking after his
hounds, bringing fuel, doing carpentry, and forging irons for ploughs.
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. There were varieties of horses:
war horses, riding horses, courier horses, pack horses, and plough
horses.



	The majority of manors were coextensive 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 beehives. 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. In the middle is a wood fire burning on a hearthstone, which was
lit by making a spark by striking flint and iron together. The smoke
rose through a hole in the roof. At one end of the hut was the family
living area, where the family ate on a collapsible trestle table with
stools or benches. Their usual food was beans and peas, oatmeal gruel,
butter, cheese, vegetables, honey, rough bread made from a mixture of
wheat, barley, and rye flour, herrings or other salt fish, and some
salted or smoked bacon. Butter had first been used for cooking and as a
medicine to cure constipation. For puny children it could be salted down
for the winter. The bread had been roasted on the stones of the fire;
later there were communal ovens set up in villages. Cooking was done
over the fire by boiling in iron pots hung from an iron tripod, or
sitting on the hot stones of the fire. They ate from wood bowls using a
wood spoon. When they had fresh meat, it could be roasted on a spit.
Liquids were heated in a kettle. With drinking horns, they drank water,
milk, buttermilk, apple cider, mead, ale made from barley malt, and bean
and vegetable broth. They used jars and other earthenware, e.g. for
storage of salt. 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 stalled oxen, cattle, and horses, which were at the other end
of the hut. Fires were put out at night to guard against fire burning
down the huts. The warmth of the animals then helped make the hut warm.
Around the room are a couple of chests to store salt, meal, flour, a
broom made of birch twigs, 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, and which was short enough to be clear
of the mud. If they wore shoes, they were clumsy and patched. Some wore
a hood-like cap. For really bad weather, a man wore on his head a hood
with a very elongated point which could be wrapped around his neck.
Sometimes a short cape over the shoulders was attached. Linen was too
expensive for commoners.



	The absence of fresh food during the winter made scurvy prevalent; in
the spring, people eagerly sought "scurvy grass" to eat. Occasionally
there would be an outbreak of a nervous disorder due to the ergot fungus
growing in the rye used for bread. This manifested itself in apparent
madness, frightening hallucinations, incoherent shouting, hysterical
laughing, and constant scratching of itching and burning sensations.



	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. The villein, who
worked the farm land as his ancestor ceorl had, now was so bound to the
land that he could not leave or marry or sell an ox without his lord's
consent. If the manor was sold, the villein was sold as a part of the
manor. 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. The weaver
lived in a cottage with few and narrow windows and little furniture. He
worked in the main, and sometimes the only, room. First the raw wool was
washed with water at the front door to remove the grease. Then its
fibers were disentangled and made fine with hand cards with thistle
teeth, usually by the children. Then it was spun by a spinning wheel
into thread, usually by the wife. On a double frame loom, a set of
parallel threads was strung lengthwise. A device worked by a pedal
lifted half of these threads --every other thread--while the other half
remained in place. Between the lifted threads and the stationary threads
a shuttle was thrown by the weaver from one hand to another. Then the
threads which had remained stationary were raised by a second pedal and
the shuttle thrown back. The shuttle carried a spool so that, as it
moved, it left a thread behind it running crosswise or at right angles
to the lengthwise threads and in and out between them. The lengthwise
threads were called the "warp"; the shuttle thread was the "woof" or the
"weft".In making cloth, it was the warp which, as the loom moved, took
the worst beating. With the constant raising and lowering, these treads
would wear and break, whereas the weft on which there was little strain
remained intact. None of the cotton yarn which the old-fashioned wheels
had spun was strong enough for warp. So it was necessary to use linen
thread for the warp.



	Since one loom could provide work for about six spinners, the weaver
had his wool spun by other spinners in their cottages. Sometimes the
master weaver had an apprentice or workman working and living with him,
who had free board and lodging and an annual wage. Then a fuller made
the cloth thick and dense by washing, soaping, beating, and agitating
it, with the use of a community watermill which could be used by anyone
for a fixed payment. The cloth dried through the night on a rack outside
the cottage. The weaver then took his cloth, usually only one piece, to
the weekly market to sell. The weavers stood at the market holding up
their cloth. The cloth merchant who bought the cloth then had it dyed or
dressed according to his requirements. Its surface could be raised with
teazleheads and cropped or sheared to make a nap. Some cloth was sold to
tailors to make into clothes. Often a weaver had a horse for travel, a
cow for milk, chickens for eggs, perhaps a few cattle, and some grazing
land. 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,
oilmakers and rope makers also bought raw material to make into finished
goods for sale. Wheelwrights made ploughs, harrows, carts, and later
wagons. Smiths and locksmiths worked over their hot fires.



	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 armhole, 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. Men wore stockings to
the knee and shoes. The fashion of long hair on men returned.



	The nation grew with the increase of population, the development of
towns, and the growing mechanization of craft industries. There were
watermills for crafts and for supplying and draining water in all parts
of the nation. In flat areas, slow rivers could be supplemented by
creating artificial waterfalls, for which water was raised to the level
of reservoirs. There were also some iron- smelting furnaces. Coal mining
underground began as a family enterprise. Stone bridges over rivers
could accommodate one person traveling by foot or by horseback and were
steep and narrow. The wheelbarrow came into use to cart materials for
building castles and cathedrals.



	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. They were literate
enough to do accounts. So they did their own valuation of the sum due to
the crown so as not to pay the sheriff any more than that. These various
rights were typically expanded in future times, and the towns received
authority to collect the sum due to the crown rather than the sheriff.
This they did by obtaining a charter renting the town to the burghers at
a fee farm rent equal to the sum thus deducted from the amount due from
the county. Such a town was called a "borough" and its citizens or
landholding freemen "burgesses". The freemen were “free of the
borough”, which meant hey had exclusive rights and privileges with
respect to it. Selling wholesale could take place only in a borough.
Burgesses were free to marry. They were not subject to defense except of
the borough. They were exempt from attendance at county and hundred
courts. The king assessed a tallage [ad hoc tax] usually at ten per cent
of property or income. 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.



	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, including London, which were given
royal sanction and protection for annual payments (twelve pounds of
silver for London). 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. King Henry
standardized the yard as the length of his own arm.



	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.



	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
potions], drapers, and pepperers, which later merged with the spicers to
become the "grocers", skinners, tanners, shoemakers, woolmen, weavers,
fishmongers, armorers, and swordsmiths. There were bakehouses at which
one could leave raw joints of meat to be cooked and picked up later.
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. When a non-freeholder
stayed in London he had to find for frankpledge, three sureties for good
behavior. Failure to do so was a felony and the ward would eject him to
avoid the charge of harboring him with its heavy fine. The arrival of
ships with cargoes from continental ports and their departure with
English exports was the regular waterside life below London Bridge. Many
foreign merchants lived in London. Imports included timber, hemp, fish,
and furs. There was a fraternal organization of citizens who had
possessed their own lands with sac and soke and other customs in the
days of King Edward. There were public bathhouses, but they were
disreputable. A lady would take an occasional bath in a half cask in her
home. The church warned of evils of exposing the flesh, even to bathe.



	Middlesex County was London's territory for hunting and farming. All
London craft work was suspended for one month at harvest time. London
received this charter for self-government and freedom from the financial
and judicial organization of the county:



"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 effect [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 [weekly court] or in a
folkmote [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 pled 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.



	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 [trial
by] 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
[trial by] battle.



[14] Neither can a burgess do [trial by] 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 handmill 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."



	The nation produced sufficient iron, but a primitive steel [iron with
carbon added] was imported. It was scarce and expensive. Steel was used
for tools, instruments, weapons and armor. Ships could carry about 300
people. Navigation was by simple charts that included wind direction for
different seasons and the direction of north. The direction of the ship
could be generally determined when the sky was clear by the position of
the sun during the day or the north star during the night.



	Plays about miracles wrought by holy men or saints or the sufferings
and fortitude of martyrs were performed, usually at the great church
festivals. 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.



	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. The Exchequer became a separate body.
The payments in kind, such as grain or manual services, from the royal
demesnes had been turned into money payments. The great barons made
their payments directly to the Exchequer. The income from royal estates
was 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 Exchequer was the great school for training statesmen, justices, and
bishops. The Chancellor managed the domestic matters of the Crown's
castles and lands. The great offices of state were sold for thousands of
pounds, which caused their holders to be on their best behavior for fear
of losing their money by being discharged from office. One chancellor
paid Henry about 3000 pounds for the office. Henry brought sheriffs
under his strict control, free from influence by the barons. He
maintained order with a strong hand, but was no more severe than his
security demanded.



	Forests were still retained by Kings for their hunting of boars and
stags. A master forester maintained them. The boundaries of the Royal
Forests were enlarged. They comprised almost one-third of the kingdom.
Certain inhabitants thereof supplied the royal foresters with meat and
drink and received certain easements and rights of common therein. The
forest law reached the extreme of severity and cruelty under Henry I.
Punishments given included blinding, emasculation, and execution.
Offenders were rarely allowed to substitute a money payment. When fines
were imposed they were heavy.



	A substantial number of barons and monasteries were heavily in debt to
the Jews. The interest rate was 43% (2d. per pound per week). The king
taxed the Jews at will.



                              - The Law -



	Henry restored the death penalty (by hanging) for theft and robbery,
but maintained William I's punishment of mutilation by blinding and
severing of limbs for other offenses, for example, bad money. He decreed
in 1108 that false and bad money should be amended, so that he who was
caught passing bad denarii should not escape by redeeming himself but
should lose his eyes and members. And since denarii were often picked
out, bent, broken, and refused, he decreed that no denarius or obol,
which he said were to be round, or even a quadrans, if it were whole,
should be refused. (Money then reached a higher level of perfection,
which was maintained for the next century.)



	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."



	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 freeman, 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.



	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.



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 provided 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
agreements for not going through with the marriage were deemed invalid.
Villeins and slaves could marry without their lords' or owners'
permission. A couple living together could be deemed married. Persons
related by blood within certain degrees, which changed over time, of
consanguinity were forbidden to marry. This was the only ground for
annulment of a marriage. A legal separation could be given for adultery,
cruelty, or heresy. Annulment, but not separation, could result in
remarriage. Fathers were usually ordered to provide some sustenance and
support for their illegitimate children. The court punished infanticide
and abortion. Counterfeiters of money, arsonists, and robbers of
pilgrims and merchants were to be excommunicated. Church sanctuary was
to be given to fugitives of violent feuds until they could be given a
fair trial.



                         - Judicial Procedure -



	Courts extant now are the Royal Court, the King's Court of the
Exchequer, county courts, and hundred courts, which were under the
control of the King. His appointed justices administered justice in
these courts on regular circuits. The sheriff now only produced the
proper people and preserved order at the county courts and presided over
the nonroyal pleas and hundred courts. He impaneled recognitors, made
arrests, and enforced the decisions of the royal courts. Also there are
manor courts, borough courts, and ecclesiastical courts. In the manor
courts, the lord's reeve generally presided. The court consisted of the
lord's vassals and declared the customs and law concerning such offenses
as failure to perform services and trespass on manorial woods, meadow,
and pasture.



	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 justice. Trial is still by compurgation.
Trial by combat was relatively common.



	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. A murderer could be given royal pardon from
the death penalty so that he could pay compensation to the relatives.



	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.



	Slander of the king, the government, or high officials was punishable
as treason, felony, misprision of treason, or contempt, depending on the
rank and office of the person slandered and the degree of guilt.



		Henry began the use of writs to intervene in civil matters, such as
inquiry by oath and recognition of rights as to land, the obligations of
tenure, the legitimacy of heirs, and the enforcement of local justice.
The Crown used its superior coercive power to enforce the legal
decisions of other courts. These writs allowed people to come to the
Royal Court on certain issues. 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. Henry appointed some locally based justices, called
justiciars. Also, he sent justices out on eyres [journeys] to hold
assizes. This was done at special sessions of the county courts, hundred
courts, and manor courts. Records of the verdicts of the Royal Court
were sent with these itinerant justices for use as precedent in these
courts. Thus royal authority was brought into the localities and served
to check baronial power over the common people. These itinerant justices
also transacted the local business of the Exchequer in each county.
Henry created the office of chief justiciar, which carried out judicial
and administrative functions.



	The Royal Court retained cases of gaol delivery [arrested person who
had been held in gaol was delivered to the court] and amercements. It
also decided cases in which the powers of the popular courts had been
exhausted or had failed to do justice. The Royal Court also decided land
disputes between barons who were too strong to submit to the county
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. Its 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 county and hundred courts assessed the personal property of
individuals and their taxes due to the King. The county court decided
land disputes between people who had different barons as their
respective lords.



	The free landholders were expected to attend county, hundred, and manor
courts. They owed "suit" to it. The suitors found the dooms [laws] by
which the presiding officer pronounced the sentence.



	The county courts heard cases of theft, brawling, beating, and
wounding, for which the penalties could be exposure in the pillory or
stocks. The pillory held an offender's head and hands in holes in
boards, and the stocks held one's hands and feet. Here the public could
scorn and hit the offender or throw fruit, mud, and dead cats at him.
For sex offenders and informers, stones were usually thrown. Sometimes a
person was stoned to death. The county courts met twice yearly. If an
accused failed to appear after four successive county 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 met once a month to hear neighborhood disputes, for
instance concerning pastures, meadows and harvests. Usually present was
a priest, the reeve, four representative men, and sometimes the lord or
his steward in his place. Sometimes the chief pledges were present to
represent all the men in their respective frankpledges. The bailiff
presided over all these sessions except two, in which the sheriff
presided over the full hundred court to take the view of frankpledge,
which was required for those who did not have a lord to answer for him.



	The barons held court on their manors at a "hallmote" 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. This court also made the decision of whether a certain person
was a villein or freeman. 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 pleader-attorneys to advise them
and to speak for them in a court.



	The ecclesiastical courts dealt, until the time of Henry VIII, with
family matters such as marriage, annulments, marriage portions,
legitimacy, undue wifebeating, child abuse, orphans, bigamy, adultery,
incest, fornication, personal possessions, defamation, slander which did
not cause material loss (and therefore had no remedy in the temporal
courts), libel, perjury, usury, mortuaries, sacrilege, blasphemy,
heresy, tithe payments, church fees, certain offenses on consecrated
ground, and breaches of promises under oath, e.g. to pay a debt, provide
services, or deliver goods. They 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 basically by compurgation, with
oath-helpers swearing to or against the veracity of the alleged
offender's oath. 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. The canon law of Christendom was followed,
without much change by the English church or nation. Penalties 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 he could speak
only to his spouse and servants. Excommunication included denial of the
sacraments of baptism, penance, mass, and extreme unction [prayers for
spiritual healing] at death; which were necessary for salvation of the
soul; and the sacrament of confirmation of one's belief in the tenets of
Christianity. A person could also be denied a Christian burial in
consecrated ground. However, the person could still marry and make a
will. The king's court could order a recalcitrant excommunicant
imprisoned until he satisfied the claims of the church. Excommunication
was usually imposed for failure to obey an order or showing contempt of
the law or of the courts. It required a 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. There were no heresy cases up to 1400 and few after that. 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. The archdeacons, who had been ministers of the bishop in all
parts of his diocese alike, were now each assigned to one district,
which usually had the same boundaries as the county. Henry acknowledged
occasional appellate authority of the pope, but expected his clergy to
elect bishops of his choice.



	There was a separate judicial system for the laws of the forest. There
were itinerant justices of the forests and four verderers of each forest
county, who were elected by the votes of the full county court, twelve
knights appointed to keep vert [everything bearing green leaves] and
venison, and foresters of the king and of the lords who had lands within
the limits of the forests. Every three years, the officers visited the
forests in preparation for the courts of the forest held by the
itinerant justices. The inferior courts were the woodmote, held every
forty days, and the swein [freeman or freeholder within the forest]
mote, held three times yearly before the verderers as justices, in which
all who were obliged to attend as suitors of the county court to serve
on juries and inquests were to be present.



                         - - - 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
and he learned Latin. He had many books and maintained a school. Eleanor
often served as regent during Henry's reign and the reigns of their two
sons: Richard I, the Lion- Hearted, and John. She herself headed armies.
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. He was an outstanding legislator and
administrator.



	Henry II took the same coronation oath as Edward the Confessor
regarding the church, laws, and justice. Not only did he confirm the
charter of his grandfather Henry I, but he revived and augmented the
laws and institutions of his grandfather 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. The term "assize" here means the sitting of a court or
council. It came to denote the decisions, enactments, or instructions
made at such.



	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. Robbers
were hanged and any man who raped a woman was castrated. 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
harvesting and sheep shearing. Foreign merchants bought wool cloth and
hides. Frankpledge was revived, now applying to the unfree and villeins.
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 justices.



	Henry had character and the foresight to build up a centralized system
of government that would survive him. He learned about the counties' 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 patchwork 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. There was a Chief
Justiciar for legal matters and a Treasurer. 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 bed linens. 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. The offices of steward, constable, chamberlain,
butler were becoming confined to the household and hereditary. The
Justiciar, Chancellor, and Treasurer are becoming purely state offices.
They were simply sold or rented, until public pressure resulted in a
requirement of ability.



	Henry's council included all his tenants-in-chief, which included
archbishops, bishops, abbots, priors, earls, barons, knights and socage
tenants of the crown, whether they made payments directly to him or
through a sheriff. The higher ones were served with a writ addressed to
them personally. Knights and below were summoned by a general writ to
the sheriff.



	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 cover 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. Henry erected a basic, rational
framework for legal processes which drew from tradition but lent itself
to continuous expansion and adaptation.



	A system of writs originated well-defined actions in the royal courts.
Each court writ had to satisfy specific conditions for this court to
have jurisdiction over an action or event. This system determined the
Royal Court's jurisdiction over 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.



	Henry and Eleanor spoke many languages and liked discussing law,
philosophy, and history. So they gathered wise and learned men 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 beyond the original White Tower, as had other castles, so that
the whole castle and grounds were defended instead of just the main
building. The Tower of London was in the custody of one of the two
justiciars. 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 Thames and about half a mile
inland. It had narrow twisting lanes, some with a ditch down the middle
for water runoff. 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 to a
height of 16 feet and thatched roofs were banned because there had been
many fires. There was poor compliance, but some roofs were tiled with
red brick tiles. The population was about 40,000. There were over 126
churches for public worship, thirteen monasteries (including nunneries),
and St. Paul's Cathedral. All were built of stone. The churches gave a
place of worship for every 300 inhabitants and celebrated feast days,
gave alms and hospitality to strangers, confirmed betrothals or
agreements of marriage, celebrated weddings, conducted funerals, and
buried the dead. The synod of Westminster of 1175 prescribed that all
marriages were to be performed by the church. Church law required a
warning prior to suspension or excommunication. Monastic, cathedral, and
parish schools taught young boys grammar so they could sing and read in
church services. Nuns taught girls. Fish but no meat was eaten on
Fridays. 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 Thames and from springs. Only
the rich, palaces, and churches could afford beeswax candles; others had
homemade tallow [cow or sheep fat] candles which smelled and gave off
smoke. Most people washed their bodies. Even the poor had beds and bed
clothes. The beds were often shared. Few babies survived childhood. If a
man reached 30, he could expect to live until age 50. Thousands of
Londoners died during a hot summer from fevers, plague and the like.



	In London, bells heralded the start and finish of all organized
business. The sellers of merchandise and hirers of labor were
distributed every morning into their several localities according to
their trade. Vendors, craftsmen, and laborers had their customary
places. Some vendors walked the streets announcing their wares for sale.
There were craft guilds of bakers, butchers, cloth workers, and
saddlers, as well as of weavers. Vendors on the Thames River bank sold
cooked fish caught from the river and wine from ships and wine cellars.
Cook shops sold roasted meats covered with hotly spiced sauces.



	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. The bridge had the effect of slowing down the flow
upstream, which invited wherries and rowboats and stately barges of the
nobility. In winters in which it froze over, there was ice skating, ice
boating, and fishing through holes in the ice.



	Outside each city gate were clusters of ragged buildings, small
monasteries and hostelries, groups of huntsmen's kennels, and fencing
schools. Outside one of the gates, a horse market was held every week.
Horses wore horseshoes made of iron or of a crude steel. From the
southwest gate of the city along the north river bank toward
Westminster, there was a gradually extending line of rich men's mansions
and bishops' palaces. On the southern bank of the Thames River was
growing the disorderly suburb of Southwark, with fishermen's and
boatmens' hovels, and taverns and brothels that were frequented by
drunkards, rakes, and whores. 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. In some fields, country folk
sold pigs, cows, oxen and sheep. Mill wheels turned at various streams.
Near London in the country was a glass factory. At sunset, the gates of
London were closed for the night. All taverns had to be closed, all
lights put out, and all fires banked or covered when the bell of the
church of St. Martin le Grand rang at 9:00 p.m. Anyone found on the
streets after this curfew could be arrested. Gangs of young nobles or
gangs of thieves, cutpurses, and looters roamed the streets after dark
and sometimes rioted. Offenders were often beheaded and their heads
placed on spikes on London Bridge.



	Men in London had begun 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
[promises for certain performance], 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.



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.



	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.



	Thus from the middle of the 1100s, 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.



	In Henry II's charter to London, London did not retain its right to
appoint its own sheriff and justice given by Henry I. London's chief
magistrate was the mayor, who was appointed by the King, until 1191.
Then the mayor was elected yearly by the aldermen of the city wards and
approved by the king. He was typically a rich prince chosen by the
barons and chief merchants of London. The commoners had no voice in his
selection, but they could still approve or disapprove of the actions of
the city government at ward and folk motes. At certain periods, a king
asserted royal power over the selection of mayor and governance of the
city. 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 and Westminster growth led to their replacing
Winchester as the capital.



	St. Barthomew infirmary was established in London for the care of sick
pilgrims traveling to the shrine of Becket in Canterbury. It had been
inspired by a monk who saw a vision of St. Barthomew telling him to
build a church and an infirmary.



	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, a magnetic lodestone [leading stone]
needle mounted on a cork and floated in a bowl of water, assisted the
navigation of ships. With it, one could tell the general direction of a
ship when the skies were cloudy as well as clear. And one could
generally track one's route by using the direction and speed of travel
to calculate one's new position. 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 scholars had
migrated from Paris and 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. It
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.



	Theologicians taught that the universe was made for the sake and
service of man, so man was placed at the center of the universe. Man was
made for the sake and service of God.



	Every freeman holding land of a lord gave homage and fealty to him,
swearing to bear him faith of the tenement held and to preserve his
earthly honor in all things, saving the faith owed to the king. Homage
was done for lands, for free tenements, for services, and for rents
precisely fixed in money or in kind. Homage could be done to any free
person, male or female, adult or minor, cleric or layman. A man could do
several homages to different lords for different fees, but there had to
be a chief homage to that lord of whom he held his chief tenement.
Homage was not due for dower, from the husband of a woman to whom a
tenement was given as a marriage portion, for a fee given in free alms,
or until the third heir, either for free maritagium [a marriage portion
which is given with a daughter in marriage, that is not bound to
service] or for the fee of younger sisters holding of the eldest. All
fiefs to be inherited by the eldest son had to be intact. Every lord
could exact fealty from his servants.



	In this era, the English national race and character was formed. Only a
few barons still had lands in Normandy. 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 custom of "bundling" was started by ladies with their
knights, who would lie together in bed without undressing and with one
in a sack the top of which was tied around his neck, as part of a
romantic courtship. Wealthy men often gave their daughters dowries in
case they were widowed. This might be matched by a marriage settlement
by a prospective husband.



	Intermarriage had destroyed any distinction of Normans by look or
speech alone, except for the Anglo-Saxon manor villeins, who worked the
farm land and composed about two-thirds of the population. Villeins were
bound to the land and could, on flight, be brought back to it. They
could not give homage, but could give fealty. A villein had the
equipment to farm, fish, make cheese, keep poultry, brew beer, hedge,
and cut wood. 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, by the king or manor lord, the
right to have a common seal for the common business of the town. Some
boroughs were given the authority to confer freedom on the villein by
enrolling him in their guild or allowing him to stay in the borough for
a year and a day. The guilds met frequently in their drinking halls and
drew up regulations for the management of their trade. 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. About 5% of the population lived
in towns.



	In the early 1180s, the horizontal-axle windmill was invented, probably
in eastern England, on the analogy of the horizontal-axle watermill. It
was very useful in flat areas where streams were too slow for a
watermill unless a dam were built. But a dam often flooded agricultural
land. Some watermill wheels were moved by tidal currents.



	London guilds of craftsmen such as weavers, fullers, bakers, loriners
(makers of bits, 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 thegns or
knights and now became a class of royal officials: the King's minters,
his chamberlain, his takers of wines, his collectors of taxes. The
weavers of Oxford paid 27s. [two marks] to have a guild. The shoemakers
paid 67s. [five marks].



	In 1212, master carpenters, masons, and tilers made 3d. per day, their
servers (the journeymen of a later time) made 1 1/2 d., free stone
carvers 2 1/2 d., plasterers and daubers, diggers and sievers less. All
received food in addition or 1 1/2 d. in its stead.



	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 ferryboat 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 [trial by combat], 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
there made, 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. (A lord had the
right of preventing his tenants 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 [acknowledgment 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 them in 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 [dwelling
house with adjoining land and adjacent buildings], in copses [thicket
from which wood was cut], 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 appurtenances 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 corody [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 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.



	When the king wanted to raise an army, he summoned his major baron
tenants-in-chief, who commanded their own armed dependent vassals, and
he directed the sheriffs to command the minor tenants-in-chief and
supply them with equipment. A baron could assemble an army in a day, but
might use it 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 took over or
demolished their adulterine castles and restored the fyrd, which was a
military draft of every freeman to serve in defense of the realm. At the
King's call, barons were to appear in mail suit and helmet with sword
and horse, knights and freeholders with 213s.[16 marks] of rent or
chattels in coat of mail with shield and lance, freeholders of 133s.[10
marks] with lance and hauberk [coat of armor] and iron headpiece,
burgesses and poorer freemen with lance and headpiece and wambais, and
such as millers with pike and leather shirt. The spiritual and other
baronies paid a commutation for personal service, called "scutage", at
the rate of 27s. per knight's fee. Barons and knights paid according to
their knight's fee a scutage ranging from 10s. to 27s. As of 1181, the
military obligations of villeins were defined. 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. The sheriff
was responsible for maintaining lists of men liable for military service
and procuring supplies. This national militia could be used to maintain
the peace. The sheriff could call upon the military array of the county
as a “posse comitatus” to take a band of thieves into custody or to
quell disorder. For foreign wars, Henry decided to use a mercenary army
and a mercenary fleet.



	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 foot battles between
two sides. Although subject to knightly rules, serious injury and death
often resulted. For this reason, the church opposed them, but
unsuccessfully.



	New taxes replaced the Danegeld tax. Freeholders of land paid taxes
according to their ploughable land ("hidage", by the hide, and later
"carucage", by the smaller Norman carucate). The smaller measure
curtailed estates and increased taxation. It was assessed from 2-5s. per
carcuate [100 acres] and collected for the king by knights with little
or no remuneration, and later by inquest of neighbors. The towns and
demesne lands of the crown paid a tax based on their produce that was
collected by the itinerant justices. 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. There was a standard for reliefs paid of 100s.
[5 pounds] for a knight's fee and 2,000s. [100 pounds] for a barony. At
the end of Henry's reign, his treasure was over 900,000 pounds. Every
hide of land paid the sheriff 2s. annually for his services in the
administration and defense of the county.



	Barons and their tenants and subtenants 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.



	Henry II restored the silver coinage to its standard of purity. The
first great inflation in England occurred between 1180 and 1220. Most
goods and services increased threefold over these forty years.



	Great households, whether of baron, prelate, monastery, or college gave
their officers and servants allowances of provisions and clothing called
"liveries". The officer of such departments as the buttery [cellar
storing butts of wine], the kitchen, the napery [for linen cloth], and
the chandlery had his fixed allowances for every day and his livery of
clothing at fixed times of the year or intervals of years.



	The administration of a great estate is indicated by the Pipe Roll of
the Bishopric of Winchester, 1208-1209, as follows:



"Downton: William FitzGilbert, and Joselyn the reeve, and Aylward the
cellarer render account of 7 pounds 12s.11d. for arrears of the previous
year. They paid and are quit. And of 3 pounds 2s.2d. for landgafol. And
of 12d. by increment of tax for a park which William of Witherington
held for nothing. And of 2s.6d. by increment of tax for half a virgate
of land which James Oisel held without service. And of 19s. for 19
assize pleas in the new market. And of 10s. by increment of tax for 10
other assize pleas in the market this year. Sum of the whole tax 36
pounds 14s.8d. In quittance of one reeve, 5s. In quittance for repairing
the bridge, 5s.; of one forester, 4s.; of two haywards from Downton and
Wick, 4s.; of one hayward from Witherington, 20d.; of fourteen drivers
from Downton, Wick, and Nunton, for the year, 28s.; of two drivers from
Witherington for the year, 4s.4d.; of two drivers for half the year,
2s.; of one swineherd, of one neaterd, of one cowherd, for the year,
6s.; of three shepherds from Wick, Barford, and Nunton, for the year,
6s.; of one shepherd from Witherington, for the year, 20d.; of four
customary tenants, for the year, 8s. Sum of the quittances, 74s.8d.
Remainder 33 pounds.



Livery: For livery to John the dean, for Christmas tax, 7 pounds 10s. by
one tally. To the same for Easter tax, 8 pounds by one tally. To the
same for St. John's tax, 8 pounds by one tally. To the same for St.
Michael's tax, 8 pounds 10s. by one tally. To the same for corn [grain]
sold in the field 26 pounds by two tallies. To the same for standing
corn [growing crops of grain], purchases, and cheeses, 20 pounds
16s.10d. To the same for wool, 6 pounds 13s.4d. by one tally. To the
same for tallage 39 pounds by one tally. Sum: 134 pounds 10s.2d.



Expenses: For ironwork of 8 carts for year and one cart for half the
year, 32s.10d. For shoeing of 2 plough horses for the year, 2s.8d. For
wheels for carts, 2s.9d. For 6 carts made over, 12d. before the arrival
of the carpenter. For wages of the smith for the year, 8s.6d. For one
cart bound in iron bought new, 5s.7d. For wheels purchased for one cart
to haul dung, 12d. For leather harness and trappings, iron links,
plates, halters, 14d. For purchase of 2 ropes, 3d. For purchase of 2
sacks, 8d. For purchase of 5 locks for the granary, 11d. For making 2
gates for the sheepfold, 2s. For one gate for the farm yard, 12d. For an
ax and tallow purchased and for repairing the spindles of the mill for
the year, 6s.10d. For one millstone purchased for the mill 24s. For
making one gate near the mill, 12d. For meat prepared in the larder, 3s.
For beer bought for cleaning carcasses, 2s.1d. For digging 158 perches
of land around the pasture in the marsh, 32s.11d.; for each perch
2d.1ob. For the dovecote newly made, 22s.11d.1ob. For cutting 100 thick
planks for flooring both dispensary and butlery, 6s.3d. For nails or
pegs bought for planking beyond the cellar, 16d. For enclosing the
garden by making 2 gates, 6s.7d.1ob. For digging in the gardens, 8s.5d.
For the winter work of 55 carts, 9s.2d. For the Lent work of 49 carts,
8s.6d. For spreading 6 acres with dung, 6d. For threshing 24 quarters of
wheat at Mardon for seed, 5s. For winnowing the same, 7d. For winnowing
36 quarters of grain for seed, 3s.9d. For threshing 192 quarters of
grain 32s.; for each quarter 2d. For threshing 20 quarters of mixed corn
[grain], 2s.6d. For threshing 42 quarters of barley, 3s.6d. For
threshing 53 quarters of oats, 2s.2d.1ob. For hauling gravel to the
bridge and causeway, 4d. For cost of dairy, viz., 3 tines of salt,
cloth, and pots, 6s.10d. For purchase of 17 oxen, 5 pounds 13s. For
hoeing 140 acres, 5s.10d. For wages of two carters, one neatherd, for
the year, 9s. For wages of one carpenter for the year, 6s.8d. For wages
of one dairy woman, 2s.6d. For payment of mowers of the meadow at
Nunton, 6d. For 8 sheep purchased, 8s. For wages of one neatherd from
Nunton, 12d. For carrying 2 casks of wine by Walter Locard, in the time
of Martinmas, 8s.2d. For the carrying of 2 casks of wine from
Southampton to Downton by the seneschal, 3s.6d. at the feast of St.
Lawrence. For digging 22 perches in the farmyard, 6s.5d.; for each perch
3d.1ob. For allowance of food of Robert of Lurdon, who was sick for 21
days, with his man, 5s.3d. For allowance of food to Sewal who was caring
for 2 horses of the lord bishop for 3 weeks, 21d. For allowance of food
for Roger Walselin, for the two times he made gifts to the lord king at
Clarendon, 4s.9d. by two tallies. For allowance of food of Master Robert
Basset, for 3 journeys, 9s.3d.1ob. For livery of William FitzGilbert,
60s.10d. For 30 ells of canvas purchased for laying over the wool, and 2
cushions prepared for the court, 5s. For 8 sheep purchased, with lambs,
8s. Sum: 2 pounds.23d. Sum of livery and expenses: 159 pounds 12s.1d.
And there is owing: 5 pounds 9s.4d.1ob.



Produce of Granary: The same render account of 221 and a half quarters
and 1 strike from all the produce of grain; and of 24 quarters brought
from Mardon. Sum: 245 and a half quarters and 1 strike. For sowing 351
acres, 127 quarters. For bread for the lord bishop, 18 and a half
quarters delivered to John de Dispensa by three tallies. For the balance
sold, 110 quarters and 1 strike. The same render account of 38 and a
half quarters from all the produce of small corn [grain]. For the
balance sold, all. The same render account of 29 quarters and 1 strike
from all the produce of mixed corn [grain]. For seeding 156 acres, 53
quarters and 1 strike. For bread for 3 autumnal works, 9 quarters. For
the balance sold, 27 quarters. The same render account of 178 and a half
quarters from all the produce of barley. For sowing 102 and a half
acres, 49 and a half quarters. For payment for carts, 1 quarter. For
payment for hauling dung, 2 quarters. For allowance of food of two
carters, one carpenter, one neatherd, one dairy woman, for the year, 32
and a half quarters. For feeding hogs in the winter, 2 quarters. For the
balance sold, 91 and a half quarters. It is quit.



The same render account of 311 quarters and 2 bushels from all the
produce of oats. In sowing 221 and a half acres, 110 and a half
quarters. For prebends [revenues paid for a clergyman's salary] of the
lord bishop and lord king, on many occasions, 131 and a half quarters
and 2 bushels, by five tallies. For prebends of Roger Wakelin, 2 and a
half quarters and 3 bushels. For prebends of Master Robert Basset, 3 and
a half quarters and 1 bushel. For provender [dry food for livestock] of
2 horses of the lord bishop and 1 horse of Richard Marsh, for 5 weeks, 5
and a half quarters and 2 bushels. For provender of 2 horses of the lord
bishop who stayed 16 nights at Downton, 4 quarters. For that sent to
Knoyle, 18 quarters. For provender of 1 horse of Robert of Lurdon for 3
weeks, 1 and a half quarters. For prebends of two carters 7 quarters and
2 bushels. For the balance sold, 12 quarters. And there remains 14
quarters and 1 strike. The same render account of 6 and a half quarters
from the whole produce of beans. For planting in the garden half a
quarter. For the balance sold, 6 quarters. It is quit.



The same render account of 4 quarters and 1 strike from all the produce
of peas. For sowing 6 acres, 1 and a half quarters. For the balance sold
2 and a half quarters and 1 strike. It is quit. The same render account
of 4 quarters from all the produce of vetches [pea plants used for
animal fodder]. For feeding pigs in the winter, all. It is quit.



Beasts of Burden: The same render account of 104 oxen remaining from the
previous year. And of 2 yoked from useless animals. And of 1 from the
will of Robert Copp. And of 17 purchased. Sum: 124. Of living ones sold,
12. Of dead, 21. Sum: 33. And there remain 91 oxen. The same render
account of 2 goats remaining from the previous year. All remain.



The same render account of 19 cows remaining from the previous year. And
of 7 yoked from useless animals, and of 1 found. Sum: 27. By death, 1.
By killing, brought for the need of the lord bishop at Cranbourne, 2.
Sum: 3. And there remain 24 cows. The same render account of 7 heifers
and 2 steers remaining from the previous year. In yoked cows, 7 heifers.
In yoked oxen, 2 bulls. Sum: 9.



The same render account of 12 yearlings remaining from the previous
year. By death, 1. There remain 11, of which 5 are female, 6 male.



The same render account of 13 calves born this year from cows, because
the rest were sterile. In tithes, 1. There remain 12. The same render
account of 858 sheep remaining from the previous year. And of 47 sheep
for the payment of herbage, after birth, and before clipping. And of 8
bought before birth. And of 137 young ewes mixed with two-year-olds.
Sum: 1050. In live ones sold at the time of Martinmas, 46. In those dead
before birth, 20. In those dead after birth and before shearing, 12.
Sum: 78. And there remain 972 sheep.



The same render account of 584 wethers [castrated rams] remaining from
the previous year. And of 163 wethers mixed with two-year- olds. And of
16 rams from Lindsey, which came by brother Walter before shearing. Sum:
763. In living ones sold at the time of Martinmas, 27 wethers, 10 rams.
Paid to the men of Bishopton before shearing by writ of the seneschal,
20. By death, before shearing, 14. Sum: 71. And there remain 692 sheep.
The same render account of 322 old sheep remaining, with lambs from the
previous year. By death before shearing, 22. And there remain 300;
whence 137 are young ewes, mixed with sheep, and 163 males, mixed with
wethers.



The same render account of 750 lambs born from sheep this year because
20 were sterile, and 30 aborted. In payment of the smith, 2; of
shepherds, 3. In tithes, 73. In those dead before shearing, 105. Sum:
181. And there remain 569 lambs.



The same render account of 1664 large sheepskins whence 16 were from the
rams of Lindsey. In tithes, 164. In payment of three shepherds, 3. In
the balance sold 1497 skins with 16 skins from Lindsey which made 11
pondera.



The same render account of 569 lamb skins. In the balance sold, all,
which made 1 and a half pondera.



The same render account of 138 cheeses from arrears of the previous
year. And of 19 small cheeses. And of 5 larger ones from the arrears of
the previous year. And of 273 cheeses which were begun the 6th of April
and finished on the feast of St. Michael, both days being counted. And
they made cheeses two by two for 96 days, viz. from the 27th April to
the vigil of the feast of St. Peter in Chains, both days being counted.
Sum: 435 cheeses. In tithes 27. In payment of a shepherd, and mowers of
the meadow from Nunton, 2. In duty of a carter, 3. In autumnal work, 10.
In expenses of the bishop in the kitchen, 2 by one tally. In the balance
sold, 133 cheeses, which made 10 heads, from arrears of the previous
year. In the balance sold, 177 cheeses, which made 18 heads in this
year. In expenses of the lord king and lord bishop on the feasts of St.
Leonard and St. Martin, 19 small cheeses, and 5 larger ones from the
arrears of the previous year. And there remain 52 small cheeses which
make one head.



The same render account of 124 hogs remaining from the previous year.
And of 29 that were born of sows. Sum: 153 pigs. In tithes, 2. By death,
9. In those killed for the larder, 83. Sum: 95 pigs. And there remain 58
pigs. Also 19 suckling pigs. Sum of the whole: 77 pigs.



The same render account of 48 chickens from arrears of the previous
year. And of 258 chickens for cheriset. Sum: 306. In expenses of the
lord bishop on the feast of St. Martin, 36 by one tally. In expenses of
the same on the feast of St. Leonard, 106, by one tally. In expenses of
the lord king and bishop on the feast of the Apostles Peter and Paul,
131 chickens, by two tallies. In allowance for food for Roger Wakelin,
8. In allowance of food for Master Robert Basset, 4. By death, 21. Sum:
306 chickens. It is quit.



The same render account of 273 chickens, 27 sticae of eels, 4 suckling
pigs, freed for the expenses of the lord king and bishop. From the
Larder: The same freed for the expenses of the lord bishop meat of 2
cows taken to Cranbourne.



The same render account of 13 sides of bacon, arrears of the previous
year. And of 5 oxen and 1 quarter of old beef from arrears of the
previous year. And of 84 hogs from Downton. And of 71 hogs from Mardon.
And of 10 hogs from Overton. And of 9 hogs from High-Clere. And of 14
hogs from Harwell. And of 7 hogs from Knoyle. Sum: 203 hogs, and meat of
5 oxen and one quarter. In expenses of the lord bishop at the feast of
St. Martin, 8 sides of bacon. In expenses of the same at the feast of
St. Leonard, 17 sides of bacon, the meat of 5 oxen, and 1 quarter of an
ox. In expenses of the same on the morrow of the feast of the Holy
Cross, delivered to Nicolas the cook, 27 sides of bacon. In expenses of
the lord bishop delivered to the same cook at Knoyle on the Saturday
before the feast of St. Michael, 15 sides of bacon. In expenses of the
same and of the lord king on the feast of the Apostles Peter and Paul,
50 sides of bacon. In allowance of food to Master Robert Basset on the
feast of All Saints, half a side of bacon. In allowance of food to the
same on Wednesday and Thursday before Pentecost, 1 side of bacon. In
those sent to Knoyle for autumnal work, 6 sides of bacon. In three
autumnal festivals at Downton, 9 and a half sides of bacon. Sum: 134
sides of bacon. And there remain 74 sides of bacon.



The same render account of skins, sausages, and offal of the said hogs.
In expenses of the lord king and lord bishop at the feast of St.
Leonard, all. Nothing remains."



	King Richard the Lion-hearted, unlike his father, was interested in
warfare. He spent most of his term on crusade to recover Jerusalem. For
his expenses, he imposed a tax of one-tenth of rents and income from
moveable goods. He also sold town charters, heiresses and heirs, widows,
sheriffdoms, justiceships, earldoms, and licenses for tournaments. In
1198, the bishop barons had refused to pay for a campaign of Richard's
war in Normandy arguing that military service was only due within the
kingdom of England. When Richard was captured, every person in the realm
was required to pay a part of his ransom of 100,000 pounds, which was
double the whole revenue of the crown. Aids, tallages, and carucage were
imposed. The heaviest impost was one-fourth of revenue or of goods from
every person.The crusaders' contact with Arabs brought to England an
expansion of trade, Arab horses, and arabic numerals, which included
"zero" and greatly facilitated arithmetic, which was very difficult with
Roman numerals. The church decreed that those who went on these crusades
would be remitted of their sins.



	At the end of this period was the reign of King John, a short man.
After his mother Eleanor's death in 1204, John ruled without her
influence. He had no conscience and his oaths were no good. He trusted
and was trusted by no one. He had a huge appetite for money. He imposed
2,000 pounds [3,000 marks] on London for confirmation of its charter. He
imposed levies on the capital value of all personal and moveable goods.
It began the occasional subsidies called "tenths and fifteenths" from
all people on incomes from movables: one-tenth from boroughs and royal
demesne land, and one-fifteenth elsewhere. 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. He
asserted over fowls of the air the same exclusive right as over beasts
of the forest. 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 service in France or scutage, arguing that the amount
was not within custom or otherwise justified. John had private and
public enemies. No one trusted him and he trusted no one. His heavy
handed and arbitrary rule quickly alienated all sectors of the
population: other barons, bishops, London, and the commons. 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 forced John to sign the Magna Carta
correcting his abuses.



                              - The Law -



	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. [By taking "per stirpes" instead of "per capita", a person's
share goes to that person's heirs if that person predeceases the
ancestor-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. A woman with
property could not do homage because she could not perform military
service, but she generally swore fealty. She could receive homage from
men.



	Bastards were not heirs, even if their father married their mother
after 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 [movables or personal property]. 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 movables 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 trial by combat 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 weirs
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, traveled with the King, and on points of difficulty consulted
with him. Justices began to be more than presiding officers; they,
instead of those attending, rendered the judgments. The chief court was
in Westminster, where the weightiest decisions were made. Other
professional itinerant justices appeared periodically in all counties of
the nation to hear certain criminal and civil cases and to hear
citizens' private civil suits [common pleas]. They came to perform many
other tasks, 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 nonperformance 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. The decision-making of itinerant
justices on circuits begins the process which makes the custom of the
Royal Court the common law of the nation. The county courts, where the
traveling justices heard all manner of business in the counties, adopted
the doctrines of the Royal Court, which then acquired an appellate
jurisdiction. The itinerant justices came from the same small group of
royal justices who were on the Royal Court and the Exchequer, which was
headed by the justiciar. Difficult cases were decided by the king and
wise men of his council.



	Tenants of manors and of escheats in royal hands, who had been excused
from the monthly county court, were required to appear. Side by side
with the reeve and four men of the rural townships appeared the twelve
legal men of each of the chartered boroughs which owed no suit to the
ordinary county court. In the formation of the jury of presentment for
criminal cases, each hundred sent twelve legal men and each township
four to make report to the justices. Women did not serve on juries.
Compurgation was not used; accused persons were sent directly to the
ordeal. In 1194, twelve knights or legal men from each hundred answer
before any itinerant justice for their hundred in all criminal, civil,
and fiscal cases. All who are bound to attend before the itinerant
justices are, in the forest counties, compelled to attend the forest
courts.



	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 ("free tenement" was decided by
justices to be one held for life or one held heritably [a fee]), 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 giving the Royal Court authority to decide land law issues which
had not been given justice in the county or lord's court. But he did not
ordain that all litigation respecting free tenements, e.g. right of
seisin, should take place in the king's court. Rather he gave protection
to mere possession of land, which could be justified because possession
was intimately associated with the maintenance of the king's peace.
These assizes included issues of novel disseisin [recent ejectment] of a
person's free tenement or of his common of pasture which belonged to his
freehold. Though the petty assize of disseisin only provided a swift
preliminary action to protect possession pending the lengthy and
involved 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 example of a writ of novel disseisin is: The king to the sheriff,
greeting. N has complained to me that R unjustly and without a judgment
has disseised him of his free tenement in [Houndsditch] since my last
voyage to Normandy. Therefore I command you that, if N gives you
security for prosecuting his claim, you are to see that the chattels
which were taken from the tenement are restored to it, and that the
tenement and the chattels remain in peace until Sunday after Easter. And
meanwhile you are to see that the tenement is viewed by twelve free and
lawful men of the neighborhood, and their names endorsed on this writ.
And summon them by good summoners to be before me or my justices on the
Sunday after Easter, ready to make the recognition. And summon R. or his
bailiff if he himself cannot be found, on the security of gage and
reliable securities to be there then to hear the recognition. And have
there the summoners, and this writ and the names of the sureties.
Witness etc.



	Then an assize panel of recognition summoned concurrently with the
defendant and before he had pleaded, viewed the land in question and
answered, from their knowledge, these questions of fact: 1) Was the
plaintiff disseised of the freehold in 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.



	There was also a writ for issues of inheritance of land called "mort
d'ancestor". 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 used an similar assize panel of
twelve men to 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. Then
it could give possession to the heir. Since about 1150, heiresses
divided the land of their father if there was no son. The widow, of
course, retained her dower rights. As of 1176, the widow held her dower
from the heir instead of from the husband's lord. If the heir was a
minor, the guardian lord would be in actual control of the land. A
national policy was implemented that in the case of the death of a
freeholder, the rights of the family, his will, and his debts were to be
provided for before relief was paid to his lord.



	Eventually royal justices acquired authority to decide the ultimate
question of right to land using the grand assize as an alternative to
the traditional procedures which ended in trial by combat. Issues of the
ultimate right 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". The assize consisted of twelve knights from the county or
neighborhood who were elected by four knights of the same county or
neighborhood (selected by the sheriff or the suitors) and who were known
as truthful men and were likely to possess knowledge of the facts,
either from personal seeing or hearing, or from statements which their
fathers had made to them from their personal knowledge. The avenue by
which a person who felt he had not had justice in the manor court on his
claim for certain freehold land appealed to the king was by writ of
right after the manor court's decision or by a writ praecipe during the
manor court's proceeding. An example of a writ praecipe is: "The king to
the sheriff greeting. Command [praecipe] N. to render to R. justly and
without delay one hide of land in a certain vill, which the said R.
complains that the aforesaid N. is withholding from him. If he does not
do so, summon him by good summoners to be before me or my justices on
the day after the octaves of Easter, to show why he has not done so. And
have the summoners and this writ. Witness." When the parties appeared in
court, the claimant states his suit such as: "I claim against this N.
the fee of half a knight and two carucates of land in a certain vill as
my right and my inheritance, of which my father (or grandfather) was
seized in his demesne as of fee in the time of King Henry the First, and
from which he took the profits to the value of five shillings at least,
in grain and hay and other profits; and this I am ready to prove by this
freeman of mine, H., and if any evil befalls him them by this other man
or by this third man, who saw and heard it". Then the defendant chose to
deny the claim word for word with proof by combat or to put himself upon
the grand assize of the king. If he chose trial by combat, the parties
or their champions fought. The party losing, usually by crying craven,
had to pay a fine of 60s. If the grand assize was chosen, the action was
removed to the Royal Court. A writ of grand assize was issued as
follows: "The king to the sheriff, greeting. Summon by good summoners
the following twelve, namely, A. B. ..., to be before me or my justices
at a certain place on a certain day, ready to declare on oath whether N.
or R. has the greater right in one hide of land (or other things
claimed) which the aforesaid R. claims against the aforesaid N., who is
tenant, and in respect of which the aforesaid N., who is tenant, has put
himself upon my assize and has sought a recognition to determine which
of them has the greater right in the things claimed. And meanwhile the
twelve shall view the land (or tenements from which the services are
demanded). And summon by good summoners N., who is tenant, to be there
to hear the recognition. Witness..." The claimant 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. This oath was not to speak falsehood nor conceal
truth according to knowledge gained by eyewitness or "by the words of
their fathers and by such words as they are bound to have such
confidence in as if they were their own". If any did not know the truth
of the matter, others were found until twelve agreed [the recognitors]
on which party had the greater right. Perjury was punished by forfeiture
of all one's goods and chattels to the king and at least one year's
imprisonment. If the tenant in court vouched another to warranty, such
as the lord to whom he paid homage, that warrantor would stand in his
place in the proceedings. If the warrantor lost, he would have to give
to his vassal equivalent land in exchange. Burgage tenure was not
usually decided by assize. Also, if the parties were relatives, neither
the assize nor the combat was available to them, but the matter had to
be decided by the law of inheritance.



	Itinerant justices could conduct these assizes: petty and grand. In
1198, the hundred is empowered to act on all the business of the
session, including all recognitions and petty assizes ordered by the
king's writ, where the property in dispute was worth no more than 200s.
[ten pounds] a year. The four knights came to be selected by the suitors
of the county court rather than by the sheriff.



	This assize procedure extended in time to all other types of civil
actions.



	Also removable to the Royal Court from the county courts were issues of
a lord's claim to a person as his villein (combat 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.



	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, using the
agencies of the county and hundred courts. To detect crimes, he required
royal justices to routinely ask selected representatives: knights or
other landholders, of every neighborhood if any person were suspected of
any murder, robbery, theft, 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 the four best men of 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 Henry's 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 in the
Royal Courts, which was abolished by Henry. If determined guilty, he
forfeited his chattels to the king and his land reverted to his
landlord.



	If a man failed at the ordeal, the penalty prescribed by the assize of
Clarendon of 1166 was loss of a foot and abjuring the realm. The assize
of Northhampton of 1176 added loss of the right hand. A man who had a
bad reputation had to abjure the realm even if he had successfully
undergone the ordeal.

	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, trial by combat was held, unless the
accuser was over the age of sixty or maimed, in which case the accused
went to the ordeal.



	The ordeal was abolished by the Lateran Council of 1215.



	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
eyewitnesses), 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.
All murders were now punished alike because the applicability of the
murdrum couldn't be determined since it was impossible to prove that the
slain man had been English.



	Trespass was a serious and forcible breach of the peace onto land that
developed from the criminal law of felony. One found guilty of it could
be fined and imprisoned as well as amerced.



	Housebreaking, harboring outlaws, and interference with the royal
perquisites of shipwreck and the beasts of the sea which were stranded
on the coast [such as whales and sturgeon] 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 and
royal authorization given. A wife could represent her husband. The
principal was then bound by the actions of his agent. Gradually men
appeared who made a business of representing whoever would employ them.
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. This procedure used twelve
recognitors selected by the sheriff.



	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. If he was executed, his heirs received nothing because they
were of the same blood as the felon, which was corrupt: "corruption of
the blood". The loss of civil rights and capacities after a sentence of
death for felony or treason, which resulted in forfeiture of property
and corruption of the blood, was called "attainder".



	The manor court heard cases arising out of the unfree tenures of the
lord's vassals. It also 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.
This court also determined inheritance and dower issues.



	The court of the vill enforced the village ordinances. The hundred
court met twice a month and dealt with the petty crimes of lowly men in
the neighborhood of a few vills. The county and borough courts heard
cases of felonies, accusations against freemen, tort, and debts. The
knights make the county courts work as legal and administrative agencies
of the Crown.



	The peace of the sheriff still exists for his county. 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.



	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.



	Before Henry's reign, the church, with the pope's backing, had become
more powerful and asserted more authority. Henry tried to return to the
concept of the king being appointed by God and as the head of the church
as well as of the state, as in Henry I's time, and to include the church
in his reform of the legal system, which would make the spiritual
jurisdiction and temporal jurisdiction conform to a common justice.
Toward this end, he published the Constitutions of Clarendon. But the
Archbishop of Canterbury, Thomas Becket, refused to agree to them,
although as Chancellor he had seen the beneficial effects on the kingdom
of Henry's legal measures. The disagreement 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 and punished only in ecclesiastical
courts, even for secular crimes. Clerics composed about one-sixth the
population. The church courts had characteristically punished with
spiritual penalties of a fine or a penance, and at most defrocking. It
could not impose a death penalty, even for murder. When Archbishop
Becket was murdered and became a martyr, "benefit of clergy" became a
standard right, except for offenses in the king's forests. 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 bishops were elected by the body of bishops with the
approval of the king, as a practical matter, the king chose the bishops
and the abbots. It was a constant matter of dispute, in which the pope
would sometimes involve himself. Selection of archbishops was also a
frequent matter of contention between king and pope.



	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 were 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 about 1194 to supplement the
judicial investigations of crimes with local officers prior to the
arrival of the itinerant justices. Four knights who were residents of
the county and possessed sufficient land were elected by the county
court for life. Sometimes they had county and royal connections instead.
They received no pay. They determined if sudden deaths were accidental
or due to murder and the cause of death of prisoners. They also held
inquests on other crime such as bodily injury, rape, and prison break.
They attached [arrested] the accused and evaluated and guarded his
chattels until after the trial. If the accused was found guilty, his
possessions went to the King. The coroner sat with the sheriff at every
county court and went with him on his turns. This office and the
forbidding of sheriffs to act as justices in their own counties reduced
the power of the sheriffs. The responsibility of receiving the oath of
the peace is changed from the sheriff to knights, the duty of the
sheriffs being only to receive and keep the criminals taken by these
knights until the justices came to try them.



	Also, at this time, the constitution of the grand jury of the county
was defined. First, four knights were to be chosen in the county court.
These were to select on oath two knights from each hundred. These two,
also on oath, are to add by co-optation ten more for the jury of the
hundred.



	In London, if one of two witnesses for the defense died while an action
was pending, the survivor, after offering his oath, could proceed to the
grave of the dead witness, and there offer oath as to what the dead man
would have sworn if he had been alive. If a foreigner was bound to make
oath for debt or any misdeed, he could make it with six others, his own
oath being the seventh; but if could not find six supporters, he alone
could make the oath and take it in the six nearest churches.



	In London, the method of capital punishment was being confined to
hanging, instead of also being in the form of beheading, burning,
drowning, stoning, or hurling from a rock. In cases of drowning, the
offender was first sewn up in a sack with a snake, a dog, an ape, and a
cock.



	Chief Justiciar Ranulph Glanvill 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.



	There are personal actions such as "debt" for specific chattel or
specific sum of money. This splits into two actions. The detinue award
is for the specific chattel or its value. The action of "replevin" is
available to the tenant to recover personal property which had been
wrongly distrained, usually cattle; the goods are "repledged" pending
action. Also, but rarely used, are "covenant" to protect termors for
leases of land for terms of years, and "trespass": a semi-criminal
action brought by a private party for an offense punishable by death (or
in the 1100s by mutilation) such as murder, rape, robbery, or mayhem,
that is done with force of arms and against the peace of the king. The
use of trespass grew as private actions for felony were supplanted by
public indictment. It occasioned outlawry in default of appearance.
These personal actions were initiated in common law courts by their
respective writs.



	These are some of the cases of novel disseisin brought to the king's
court:



Woodbridge v. Bardolf (1194, king's court): Ralf of Woodbridge seeks
before the justices his free tenement in Hebston by the assize of novel
disseisin against Hugh Bardolf. Against which assize Hugh said that he
had that seisin by judgment of his court for the default of the same
Ralf. And the court has recorded the summons and distraints reasonably
made on the same Ralf. And Ralf himself has acknowledged the summons and
distraints and said that he ought not hold anything from him in that
land; rather, it is of another's fee. And because neither he nor anyone
for him has complained to the justices that Hugh unjustly drew him into
a plea concerning a tenement which Ralf himself held of the fee of
another lord, it is considered that Hugh hold in peace. And let Ralf
plead by writ of right if he want and be in mercy for his false claim.



Turroc v. fitz Walter (1194, king's court): The assize came to recognize
if Clement son of Walter unjustly and without judgment disseised Matilda
of Turroc of her free tenement within the assize. Clement comes and says
that he disseised her by judgment of his court. The court is present and
records that she occupied more of her lord's land than she had in dower
by the sheriff and by order of the lord king, so that she was summoned
and distrained to come in to court, and she so responded that she
remained in mercy of 10s. by judgment, so that for that amercement and
for other complaints she made fine with her lord for 1/2 mark [7s.] and
put her land in pledge in his court and did not want to render the 1/2
mark [7s.]. And therefore by judgment of his court he seised it. Matilda
denies all word for word. And the same Clement only produces two men
from his court; and it is considered that it was no court. Judgment: let
Matilda have her seisin and let Clement be in mercy for disseisin.



Fitz Hereward v. Prior of Lecton (1195, king's court): The assize came
to recognize if the prior of Lecton unjustly and without judgment
disseised Reginald son of Hereward and Essolda his wife of his free
tenement in Clapston after the first coronation of the lord king. The
prior says that the assize ought not be taken thereof, because he seised
that land by judgment of his court for default of his service and his
rent, whereof he has his court present, which asserts the same thing. It
is considered that the prior replevy [give back] to them their land and
give them a day in his court concerning the arrears of rents and
services. And let him treat them justly by judgment of his court.



Stanfeld v. Brewes (1199, king's court): The assize comes to recognize
if Simon of Brewes and Luke cleric and Peter of Brewes unjustly and
without a judgment disseised Odo of Stanfeld and Juliana his wife of her
free tenement in Michehey within the assize. Simon says that the assize
ought not be taken thereof, because he took that land into his hand by
judgment of his court -- which he produced and which attests to this --
for default of his service. And it was testified that Odo holds that
land from the same Simon. Simon was ordered to replevy that land to Odo
as well as the chattels and to treat him rightfully in his court.



fitz William v. Amice et al. (1200, king's court): The assize comes to
recognize if Amice who was the wife of Richard earl of Clare and Hugh of
Ceriton, John of Cornherd, William of Wattevill, Alexander son of
Gilbert, Alexander son of Matthew, Bartholomew son of Alexander, Robert
of Cornherd, and Geoffrey son of Leveric unjustly and without judgment
disseised Richard son of William of Sudbury of his free tenement in
Sudbury after the feast of St Michael next before the coronation of the
lord king. The countess says that, when she was separated by papal order
from the earl of Clare her husband by reason of consanguinity, to which
husband the vill of Sudbury had been given with her as marriage portion,
she came to Sudbury and convoked her court and made the same Richard to
be summoned to come to show by what warrant he held her land. He
willingly entered into the plea and vouched the earl of Clare her former
husband to warrant and at the day given him to have [his warrantor] he
did not have him. And thus by consideration of her court she seised her
land and holds it. Which court she produced and which attests this.
Richard comes and denies that he was ever summoned or came into her
court by summons or vouched to warranty or so lost seisin by
consideration of the court of the countess. And this he offers [to
prove]. It is considered that he defend himself 12-handed that he did
not willingly enter into the plea and vouch to warranty. Let him wage
his law [prove by the 12-handed oath, thus, by compurgation]. Pledges of
the law: Hugh son of Hugh, Wido of Sudbury. Day is given them at the
quindene of St. John.



	This is the suit of Richard of Sudbury: [there follow the names, but
only of 10 men] against the countess Amice who was the countess of
Clare, concerning whom he had complained concerning a novel disseisin of
his free tenement in Sudbury. She said that by judgment of her court for
default of warranty which he had vouched did she make the [dis]seisin
and thereof did she produce suit. And he denied against her and against
the suit, and law was adjudged. And he comes with his law and makes it
with the abovesaid suit. Therefore it is considered that he recover
thereof his seisin; let the countess be in mercy for unjust disseisin
and also her men, of whom the same Richard has complained. And let the
same countess return to him the damages done thereof by a jury of
law-worthy men of the vicinity. The names of the men of the countess are
in the writ.



	A sample of crown pleas in several hundreds or wapentakes [Danish name
for a hundred] from 1201 to 1203 are:



1.  Denise, who was wife to Anthony, appeals Nicholas Kam of the death
of Anthony, her husband, for that he wickedly slew her husband; and this
she offers to prove against him under award of the court. And Nicholas
defends all of it. It is considered that Denise's appeal is null, for in
it she does not say that she saw the deed. The jurors being asked, say
that they suspect him of it; the whole county likewise suspects him. Let
him purge himself by water [ordeal] under the Assize. He has waged his
law.



2.  William de Ros appeals Ailward Bere, Roger Bald, Robert Merchant,
and Nicholas Parmenter, for that they came to his house and wickedly in
the king's peace took away from him a certain villein of his whom he
kept in chains because he wished to run away, and led him off, and in
robbery carried away his wife's coffer with one mark of silver and other
chattels; and this he offers to prove by his son, Robert de Ros, who saw
it. And Ailward and the others have come and defended the felony,
robbery, and breach of the king's peace, and say that (as the custom is
in Cornwall) Roger of Prideaux, by the sheriff's orders, caused twelve
men to come together and make oath about the said villein, whether he
was the king's villein or William's and it was found that he was the
king's villein, so the said Roger the serjeant demanded that [William]
should surrender him, and he  refused, so [Roger] sent to the sheriff,
who then sent to deliver [the villein], who, however, had escaped and
was not     to be found, and William makes this appeal because he wishes
to keep the chattels of Thomas [the villein], to wit, two oxen, one cow,
one mare, two pigs, nine sheep, eleven goats.     And that this is so
the jurors testify. Judgment: William and Robert in mercy for the false
claim. William's amercement, a half-mark. Robert's amercement, a
half-mark. Pledge for the mark, Warin, Robert's son. Let the king have
his chattels from William. Pledge for the chattels, Richard, Hervey's
son.



3.  Serlo of Ennis-Caven appeals Osbert of Dimiliock and Jordan,
Walter's son, for that they in the king's peace wickedly assaulted, beat
and seriously wounded him, so that by reason of the beating three bones
were extracted from his head; and this he offers to prove against him
under the court's award as a man maimed by that mayhem. And it is
testified by the coroners that the wounds when fresh were shown in the
county [court], and that [the bones were broken] as aforesaid. And
Osbert and Jordan come and defend word by word. It is considered that
Osbert do purge himself by ordeal of iron on account of the appeal, for
Serlo betook himself against Osbert in the first instance. And let
Jordan be in custody until it be known how Osbert shall fare. And the
other persons who are appealed as accessories are to be under pledge
until [Osbert's fate] be known.



4.  The jurors say that they suspect William Fisman of the death of
Agnes of Chilleu, for the day before he had threatened her body and
goods. And the four neighboring townships being sworn, suspect him of
it. It is considered that he purge himself by water under the Assize.



5.  William Burnell and Luke of the Well are suspected of the burglary
at the house of Richard Palmer by the jurors of the hundred, and by the
four neighboring townships, which are sworn. Let them purge themselves
by water under the Assize.



6.  Malot Crawe appeals Robert, Godfrey's son, of rape. He comes and
defends. It is testified that he thus raped her and that she was seen
bleeding. By leave of the justices they made concord on the terms of his
espousing her.



7.  Walter Wifin was burgled, and of his chattels taken from his house
in the burglary certain boots were found in the house of Lefchild of
Ranam, and the said Walter pursues     those boots as his. And Lefchild
said that he bought them in Bodmin market for 2 1/2 pence, but he knows
not from whom. And besides Walter says that eleven ells of linen cloth,
part of the stolen goods, were sold in Lefchild's house, and all the
other proceeds of the burglary, and that Lefchild was the receiver of
the burglars, namely, Robert of Hideford  and Alan the Foresters, whom
he [Walter] had appealed of the  crime. And Lefchild defends. The jurors
on being asked, say that they suspect Lefchild of the said receipt. So
let him purge himself by water under the Assize.



8.  Eadmer of Penwithen appeals Martin, Robert and Thomas of Penwithen,
for that Robert wounded him in the head so that twenty-eight pieces of
bone were extracted, and meanwhile     Martin and Thomas held him; and
this he offers to deraign against the said Robert as a man thereby
maimed, under the court's award. And Robert comes and defends all of it
word     by word. It is considered that he purge himself by ordeal of
iron. Let the others be in custody until it be known how Robert shall
fare. Afterwards Eadmer came and withdrew himself, and submitted to an
amercement of one mark.Pledges, Reinfrid, Gill's son, and Philip his
brother. Let the other appellees go quit.



9.  Reginald le Teinus accused of the receipt and fellowship of Robert
the outlaw comes and defends. The jurors say that they suspect him, and
the four neighboring townships say     that they suspect him of it. So
let him purge himself by water under the Assize. And there must be
inquiry as to Richard Revel, who was sheriff when the said Robert
escaped     from his custody.



10. Osbert of Reterth appeals Odo Hay, for that he assaulted him as he
was returning from Bodmin market, and in the king's peace and wickedly
struck him on the hand with a stick, and afterwards struck him on the
arm with his sword  so that he is maimed; and this he offers to prove as
a maimed man. And Odo defends it all. And that [Osbert] is maimed is
testified by knights sent to see him. Judgment: let [Odo] purge himself
by ordeal of iron because of this appeal.



11. Wulward of Wadebridge was burgled. And Odo Hay, Lawrence Smith,
Osbert Mediciner, and Benet his son, William Miller, Robert of
Frokemere, and Maud his sister, are suspected of the burglary by the
jurors of the hundred and by the four nearest townships, which are
sworn. Let the males purge themselves by water under the Assize, and
Maud by ordeal of     iron. Roger Morand fled for that burglary, and he
was living in Bodmin, [which town is] therefore in mercy.



12. Robert, Godfrey's son, appeals Philip, William's son, for that he
came on the land of [Robert's] lord Richard Fortescue, and wickedly and
in the king's peace and in robbery took eight oxen and a mantle, cape,
and sword, and carried them off; and this he offers to prove against him
by his body under award of the court. And Philip comes and defends all
of it word by word. It is considered that the appeal is null, for the
oxen were not Robert's, but     Richard's. The jurors being asked, say
that [Philip] did no robbery to [Richard]. So Richard Fortescue is in
mercy for a false appeal, and let Philip be quit.



13. Peter Burel appeals Anketil of Wingely, for that he wickedly in the
king's peace assaulted him in the field where he was pasturing his oxen,
and beat him, and gave him     four wounds in the head, and in robbery
took from him an ax and a sword; and this he offers to prove against
him; but he shows no wound. And Anketil defends. And the county records
   that [Peter] first appealed Roger of Tregadec of the same robbery and
of the same wounds. Therefore it is considered that the appeal is null,
and let Peter be in mercy for a false appeal. His amercement, a
half-mark; pledge for it, Ralph Giffard.



14. The jurors are in mercy for a silly presentment, for they presented
an appeal which was made in the hundred [court] and which was not
presented in the county [court].



15. Lucy of Morwinstow appeals Robert de Scaccis and Roland  of Kellio
and Peter of Lancarf of robbing her of twenty shillings and eight pence,
and of a cloak, price a half-mark. And it is testified by the jurors
that they did not rob her, and that she is a hireling, and that a man
lay with her in a garden, and the boys hooted her, so that she left her
cloak, and the boys took it and pawned it for two gallons of wine. It is
considered that Robert do give her three pence in respect of the wine
and do go quit. And Roland and Peter neither come nor essoin [present an
excuse for nonappearance] themselves. And their pledges were Nicholas
brother of Alfred of Bodmin and Herbert Reeve of Bodmin, who are
therefore in mercy.



16. Osbert Church accused of the death of Roland, son of Reginald of
Kennel, on the appeal of the said Reginald, was detained in gaol and
defends word by word. And Reginald     offers proof by the body of a
certain freeman, Arkald, who has his [Reginald's] daughter to wife, who
is to prove in his stead, since he has passed the age of sixty. Osbert
Church defends all of it. The knights of the hundred of Penwith say that
they suspect him of the said death. The     knights of kerrier [hundred]
say the same. The knights of Penwith [hundred] say the same. The knights
of Pyder [hundred] say the same. Judgment: let him purge himself by
water, and Reginald is in mercy, for he does not allege sight and
hearing, and because he has withdrawn himself, and put another in his
place, who neither saw nor heard and yet     offered to prove it, and so
let both Reginald and Arkald be in mercy. Osbert is purged by the water.
Osbert's pledges: Henry Little, Henry of Penant, Ossulf Black, Roger of
Trevithow, John of Glin, Ralph of Trelew.



17. Roger of Wick [was] appealed of the death of Brictmer by the appeal
of Hawise, Brictmer's wife, and was captured in flight, as say John of
Winielton and Ralph of Mertherin, but the flight is not testified by the
hundred. Kerier [hundred] says the same. Penwith [hundred] says the
same. So is considered that he purge himself by water. He is purged.
Roger's pledges: Ralph of Trelew, Ogier of Kurnick, Richard, Simon's
son, Alfred Malvoisin, Everwin of Lande, John of Kewerion, Warin of
Tiwardeni, Baldwin Tirel, Roger of     Trevithow, John of Glin, William
of Dunham, Thomas, Osbert's     son.



18. Richard, William's son, appealed Luke, Richard's son, and William,
the servant of Alan Clerk, of robbery and of binding him. The appellees
have not come nor essoined themselves. The county together with the
wapentake says that they were appealed, not of the king's peace, but of
the sheriff's peace, so that the suit was and is in the county [court],
and therefore they were not attached to come before the justices.
Therefore the jurors are in mercy for presenting what they ought not to
have presented.



19. William, Hawise's son, appeals Richard, son of Robert of Somercotes,
for that he came in the king's peace to his house at Somercotes, and
broke his house and robbed him of.[an abrasion] shillings, and a cape
and surcoat, and twenty-five fowls, and twenty shillings worth of corn
[grain], and wounded him in the head with the wound that he shows; and
this he offers to prove against him as the court shall consider etc. And
Richard comes and defends the breach of the king's peace and the
housebreaking, wounding and  robbery, but confesses that he came to a
certain house, which William asserts to be his [William's], as to his
[Richard's] own proper house, which escheated into his hand on the death
of Roger his villein, and there he took certain chattels which were his
villein's and which on his villein's     death were his [Richard's] own:
to wit, five thraves of oats, thirteen sheaves of barley, and
twenty-five fowls; and he offers the king twenty shillings for an
inquest [to find] whether this be so or no. And William says that
Richard says this unjustly, for the said Roger never had that house nor
dwelt therein, nor were those chattels Roger's, but he [William] held
that house as his own, and the chattels there seized were his. The
jurors being questioned whether Roger did thus hold the house of Richard
in villeinage, say, Yes. Also the coroners and the whole county testify
that [William] never showed any wound until now; and the wound that he
now shows is of recent date. Therefore it is considered that the appeal
is null, and let Richard go quit, and William be in mercy for his false
claim. Pledges for the amercement, Gilbert, Robert's son, and Richard,
Haldeng's son.



20. Astin of Wispington appeals Simon of Edlington, for that he wickedly
and in the king's peace assaulted him in his meadows and put out his
eye, so that he is maimed of that eye; and this he offers to prove etc.
Simon comes and defends all of it word by word. And the coroners and the
county testify that hitherto the appeal has been duly sued, at first by
[Astin's] wife, and then by [Astin himself]. Judgment: let law be made,
and let it be in the election of the appellee whether he or Astin shall
carry the iron. He has chosen that Astin shall carry it. Astin has waged
the law. Simon's pledges, William of Land and his frankpledge and Ralph
of Stures. Astin's pledges, Roger Thorpe, Osgot of Wispington, and
William, Joel's brother. Afterwards came [the appellor and appellee] and
both put themselves in mercy.



21. Gilbert of Willingham appeals Gilbert, Geoffrey's son, for that he
in the king's peace and wickedly set fire to his house and burned it, so
that after the setting fire [the appellor] went forth and raised hue and
cry so that his neighbors and the township of Willingham came thither,
and he showed them [the appellee] in flight and therefore they pursued
him with the cry; and this he offers etc. And the appellee defends all
of it word by word etc. And the     neighbors and the township of
Willingham being questioned, say that they never saw him in flight, and
that [the appellor] never showed him to them. Likewise the jurors say
that in their belief he appeals him out of spite rather than for just
cause. Therefore it is considered that the appeal is null, and the
appellee is in mercy for a half-mark [7s.]. Pledge for the amercement,
Robert Walo.



22. William burel appeals Walter Morcock, for that he in the king's
peace so struck and beat Margery, [William's] wife, that he killed the
child in her womb, and besides this beat her and drew blood. And William
of Manby, the beadle, testifies that he saw the wound while fresh and
the blood in the wapentake [court]. And the serjeant of the riding and
the coroners and the twelve knights testify that they never saw wound
nor blood. And so it is considered that the appeal is null, for one part
of the appeal being quashed, it is quashed altogether, and William Burel
is in mercy. Let him be in custody. And William Manby is in mercy for
false testimony. Pledges for William's amercement, Richard of Bilsby,
Elias of Welton.



23. William Marshall fled for the death of Sigerid, Denis' mother,
whereof Denis appeals him; and he was in the Prior of Sixhills'
frankpledge of Sixhills, which is in mercy, and his chattels were two
cows and one bullock. Afterwards came the Prior of Sixhills and
undertook to have William to right before the justices. And he came, and
then Denis, Sigerid's son, came and appealed him of his mother's death.
And it was testified that [Denis] had an elder brother, and that nine
years are past since [Sigerid] died, and that she lived almost a year
after she was wounded, and that Denis never appealed [William] before
now. Therefore it is     considered that the appeal is null and that
Denis be in mercy. Pledge for the amercement, his father, Ralph, son of
Denis.



24. Alice, wife of Geoffrey of Carlby, appealed William, Roger's son,
and William his son and Roger his son of the death of William her
brother. And Alice does not prosecute.Therefore let her be in mercy and
let her be arrested. To  judgment against the sheriff who did not
imprison the said persons who were attached, whereas they are appealed
of homicide, and to judgment also as to a writ which he ought to
produce.



25. Hawise, Thurstan's daughter, appeals Walter of Croxby  and William
Miller of the death of her father and of a wound  given to herself. And
she has a husband, Robert Franchenay,     who will not stir in the
matter. Therefore it is considered that the appeal is null, for a woman
has no appeal against anyone save for the death of her husband or for
rape. And     let Robert be in mercy on his wife's account, for a
half-mark [7s.], and let the appellees be quit. Pledge for Robert's
amercement, Richard Dean of Mareham, who has lay property. Wapentake of
Aswardhurn.



26. Juliana of Creeton appeals Adam of Merle of battery and robbery. And
Adam does not come, but essoins himself as being in the king's service
beyond seas. And for that it is not allowed to anyone appealed of the
king's peace to leave the land without a warrant before he has been
before justices learned in the law, his pledges are in mercy: to wit,
Segar of Arceles, Alan of Renington, and Robert of Searby. Adam himself
is excused from the plea by the essoin that he has cast.



27. Thomas, Leofwin's son, appeals Alan Harvester, for that he in the
king's peace assaulted him as he went on the highway, and with his force
carried him into Alan's house, and struck him on the arm so that he
broke a small bone of his arm, whereby he is maimed, and robbed him of
his cape and his knife, and held him while Eimma, [Alan's] wife, cut off
one of his testicles and Ralph Pilate the other, and when he was thus
dismembered and ill-treated, the said Alan with his force carried him
back into the road, whereupon as soon as might be he raised the cry, and
the neighbors came to the cry, and saw him thus ill-treated, and then at
once he sent to the king's serjeant, who came and found, so [Thomas]
says, the robbed things in Alan's house and then as soon as might be
[Thomas] went to the wapentake [court] and     to the county [court] and
showed all this. So inquiry is made of the king's sergeant, who
testifies that he came to Alan's house and there found the knife and the
testicles in a little cup, but found not the cape. Also the whole county
testifies that [Thomas] never before now appealed Alan of breaking a
bone. And so it is considered that the appeal is null, and that [Thomas]
be in mercy, and that the other appellees be quit. Thomas also appeals
Emma, Alan's wife, for that she in the peace aforesaid after he was
placed in her lord's house cut off one of his testicles. He also appeals
Ralph Pilate, for that he cut off the other of his     testicles.



28. The twelve jurors presented in their verdict that Austin, Rumfar's
son, appealed Ralph Gille of the death of his brother, so that [Ralph]
fled, and that William, Rumfar's son, appealed Benet Carter of the same
death, and Ranulf, Ralph's son, appealed Hugh of Hyckham of the same
death and Baldwin of Elsham and Ralph Hoth and Colegrim as accessories.
And the coroners by their rolls testify this also. But the county
records otherwise, namely, that the said Ralph Gille, Benet, Hugh,
Baldwin, Ralph [Hoth] and Gocegrim were all appealed by Ranulf, Ralph's
son, and by no one else, so that four of them, to wit, Ralph Gille,
Hugh, Benet and Colegrim, were outlawed at the suit of the said Ranulf,
and that the said persons were not appealed by anyone other than the
said Ranulf. And for that the county could not [be heard to] contradict
the coroners and the said jurors who have said their say upon oath, it
is considered etc. Thereupon the county forestalled the judgment and
before judgment was pronounced made fine with 200 pounds [4,000s.] [to
be collected throughout the county], franchises excepted.



29. Hereward, William's son, appeals Walter, Hugh's son, for that he in
the king's peace assaulted him and wounded him in  the arm with an iron
fork and gave him another wound in the head; and this he offers to prove
by his body as the court shall consider. And Walter defends all of it by
his body. And it is testified by the coroners and by the whole county
that Hereward showed his wounds at the proper time and has made
sufficient suit. Therefore it is considered that there be battle.
Walter's pledges, Peter of Gosberton church, and Richard Hereward's son.
Hereward's pledges, William his father and the Prior of Pinchbeck. Let
them come armed in the quindene of St. Swithin at Leicester.



30. William Gering appeals William Cook of imprisonment, to wit, that he
with his force in the king's peace and wickedly, while [Gering] was in
the service of his lord Guy at the forge, took him and led him to
Freiston to the house of William Longchamp, and there kept him in prison
so that his lord could not get him replevied; and this he offers to
prove as the court shall consider. And William Cook comes and defends
the felony and imprisonment, but confesses that whereas he had sent his
lord's servants to seize the beasts of the said Guy on account of a
certain amercement which [Guy] had incurred in the court of [Cook's]
lord [Longchamp], and which though often summoned he had refused to pay,
[Gering] came and rescued the beasts that had been seized and wounded a
servant of [Cook's] lord, who had been sent to seize them, whereupon
[Cook] arrested [Gering] until  he should find pledges to stand to right
touching both the wounding and the rescue, and when [Gering's] lord
[Guy] came  for him, [Cook] offered to let him be replevied, but this
[Guy] refused, and afterwards he repeated the offer before the king's
serjeant, but even then it was refused, and then [Cook] let [Gering] go
without taking security. And Guy says that he puts himself upon the
wapentake, whether the imprisonment took place in manner aforesaid, and
whether he [Guy] at once showed the matter to the king's serjeant, or
no. And William Cook does the same. And the wapentake says that the
alleged [imprisonment] took place in Lent, and Guy did not show the
matter to the wapentake until a fortnight before St. Botulph's day. And
the county together with the coroners says that they never heard the
suit in their court. Therefore it is considered that the appeal is null,
and Guy is in mercy. And let William and those who are appealed as
accessories go quit.



31. The jurors say that Andrew, sureman's son, appealed Peter, Leofwin's
son, Thomas Squire and William Oildene of robbery. And he does not
prosecute. So he and Stephen Despine and Baldwin Long are in mercy, and
the appellees go without day. Afterwards comes Andrew and says that [the
appellees] imprisoned him by the order of William Malesoures in the said
William's house, so that he sent to the sheriff that the sheriff might
deliver him, whereupon the sheriff sent his serjeant and others thither,
who on coming there found him imprisoned and delivered him and he
produces witnesses, to wit, Nicholas Portehors and Hugh, Thurkill's son,
who testify that they found him imprisoned, and he vouches the sheriff
to warrant this. And the sheriff, on being questioned, says that in
truth he sent thither four lawful men with the serjeant on a complaint
made by Nicholas Portehors on Andrew's behalf. And those who were sent
thither by the sheriff testify that they found him at liberty and
disporting himself in William's house. Therefore it is considered that
the appeal is null [and Andrew is in mercy] for his false complaint and
Nicholas Portehors and Hugh, Thurkill's son, are in mercy for false
testimony. Andrew and Hugh are to be in custody until they have found
pledges [for their amercement].



32. The jurors say that Geoffrey Cardun has levied new customs other
than he ought and other than have been usual, to wit, in taking from
every cart crossing his land at Winwick with eels, one stick of eels,
and from a cart with greenfish, one greenfish, and from a cart with
salmon, half a salmon, and from a cart with herrings, five herrings,
whereas he ought to take no custom for anything save for salt crossing
his land, to wit, for a cartload, one bole of salt, and in that case the
salter ought to have a loaf in return for the salt, and also if the
salter's cart breaks down, the salter's horses ought to have pasture on
Geoffrey's land without challenge while he repairs his cart. And
Geoffrey comes and confesses that he takes the said customs, and ought
to take them, for he and his ancestors have taken them from the conquest
of England, and he puts himself on the grand assize of our lord the
king, and craves that a recognition be made whether he ought to take
those customs or no. And afterwards he offers the king twenty shillings
that this action may be put before Sir Geoffrey FitzPeter [the
Justiciar]. Pledge for the twenty shillings, Richard of Hinton.



33. The jurors say that Hugh, son of Walter Priest, was outlawed for the
death of Roger Rombald at the suit of Robert Rombald, and afterwards
returned under the [protection of the] king's writ, and afterwards was
outlawed for the same death on the appeal of Geoffrey, Thurstan's son.
The county therefore is asked by what warrant they outlawed the same man
twice for the same death, and says that of a truth in King Richard's
time the said Hugh was     outlawed at the suit of one Lucy, sister of
the said Roger, so that for a long time afterwards he hid himself; and
at length he came into the county [court] and produced letters of Sir
Geoffrey FitzPeter in the form following: "G. FitzPeter etc. to the
sheriff of Northamptonshire, greeting, Know thou that the king hath
pardoned to Hugh, son of the priest of Grafton, his flight and the
outlawry adjudged to him for the death of a certain slain man, and hath
signified to us by his letters that we be aiding to the said Hugh in
reestablishing the peace between him and the kinsfolk of the slain;
wherefore we command thee that thou be aiding to the said Hugh in making
the peace aforesaid, and do us to wit by thy letters under seal what
thou hast done in this matter, since we are bound to signify the same to
the king. In witness etc. by the king's writ from beyond seas." And the
said letters being read in full county [court] the county told the said
Hugh that he must find pledges that he would be in the king's peace, and
he went away to find pledges, and afterwards did not appear. But the
kinsfolk of the slain, having heard that Hugh had returned after his
outlawry, came to the next county [court] and Robert Rombald produced
Geoffrey, Thurstan's son, who said that if he saw the said Hugh he would
sue against him the death of the said Roger, who was [his kinsman]. And
the county showed him how Hugh had brought the Justiciar's letters
pardoning him the flight and outlawry, and that he was to find pledges
to stand to the king's peace, but had not returned. Whereupon the king's
serjeant was ordered to seek Hugh and bring him to a later county
[court]. And at a later county [court] Geoffrey offered himself against
Hugh, and Hugh did not appear; whereupon the king's serjeant being
questioned said that he had not found him, and the county advised
[Geoffrey] to come to another county [court], because if in the meantime
Hugh could be found, he would be brought to the county [court]. Then at
the third county [court] the said Geoffrey offered himself, and it was
testified by the serjeant that Hugh had not yet been found, wherefore
the county said that as Hugh would not appear to the king's peace, he
must bear the wolf's head as he had done before. To judgment against the
coroners and the twelve jurors.



34. Robert of Herthale, arrested for having in self-defense slain Roger,
Swein's son, who had slain five men in a fit of madness, is committed to
the sheriff that he may be in custody as before, for the king must be
consulted about this matter. The chattels of him who killed the five men
were worth two shillings, for which Richard [the sheriff must account].



35. Sibil, Engelard's daughter, appeals Ralph of Sandford, for that he
in the king's peace and wickedly and in breach of the peace given to her
in the county [court] by the sheriff, came to the house of her lord [or
husband] and broke her chests and carried off the chattels, and so
treated her that he slew the child that was living in her womb.
Afterwards she came and said that they had made a compromise and she
withdrew herself, for they have agreed that Ralph shall satisfy her for
the loss of the chattels upon the view and by the appraisement of lawful
men; and Ralph has assented to this.



36. William Pipin slew William [or John] Guldeneman and fled. He had no
chattels. Let him be exacted. And Hugh Fuller was taken for this death
and put in gaol because the said John [or William] was slain in his
house. And Hugh gives to the king his chattels which were taken with
him, that he may have an inquest [to find] whether he be guilty thereof
or no. The jurors say that he is not guilty, and so let him go quit
thereof. And William Picot is in mercy for having sold Hugh's chattels
before he was convicted of the death, and for having sold them at an
undervalue, for he sold them, as he says, for three shillings, and the
jurors     say that they were worth seventeen shillings, for which
William Picot and those who were his fellows ought to account. And
William says that the chattels were sold by the advice of his fellows,
and his fellows deny this.



37. Robert White slew Walter of Hugeford and fled. The jurors say that
he was outlawed for the death, and the county and the coroners say that
he was not outlawed, because no one sued against him. And because the
jurors cannot [be heard to] contradict the county and the coroners,
therefore they are in mercy, and let Robert be exacted. His chattels
were [worth] fifteen shillings, for which R. of Ambresleigh, the
sheriff, must account.



38. Elyas of Lilleshall fled to church for the death of a woman slain at
Lilleshall. He had no chattels. He confessed the death and abjured the
realm. Alice Crithecreche and Eva of Lilleshall and Aldith and Mabel,
Geoffrey and Robert of Lilleshall, and Peter of Hopton were taken for
the death of the said woman slain at Lilleshall. And Alice, at once
after the death, fled to the county of Stafford with some of the
chattels of the slain, so it is said, and was taken in that county and
brought back into Shropshire and there, as the king's serjeant and many
knights and lawful men of the county testify, in their presence she
said, that at night     she heard a tumult in the house of the slain;
whereupon she came to the door and looked in, and saw through the middle
of the doorway four men in the house, and they came out and     caught
her, and threatened to kill her unless she would conceal them; and so
they gave her the pelf [booty] that she had. And when she came before
the [itinerant] justices she denied all this. Therefore she has deserved
death, but by way of dispensation [the sentence is mitigated, so] let
her  eyes be torn out. The others are not suspected, therefore let them
be under pledges.



39. William, John's son, appeals Walter, son of Ralph Hose, for that
when [William's] lord Guy of Shawbury and [William] had come from
attending the pleas of our lord the king in the county court of
Shropshire, there came five men in the forest of Haughmond and there in
the king's peace and wickedly assaulted his lord Guy, and so that
[Walter], who was the fourth among those five, wounded Guy and was
accessory with the others in force as aid so that Guy his lord was
killed, and after having wounded his lord he [Walter] came to William
and held him so that he could not aid his lord; and this he offers to
deraign [determine by     personal combat] against him as the court
shall consider. And Walter comes and defends all of it word by word as
the court etc. It is considered that there be battle [combat] between
them. The battle [combat] is waged. Day is given them, at Oxford on the
morrow of the octave of All Saints, and then let them come armed. And
Ralph [Walter's father] gives the king a half-mark that he may have the
custody of his son, [for which sum] the pledges are John of Knighton and
Reiner of Acton, and he is committed to the custody of Ralph Hose,
Reiner of Acton, John of Knighton, Reginald of Leigh, Adam of
Mcuklestone, William of Bromley, Stephen of Ackleton, Eudo of Mark.



40. Robert, son of Robert of Ferrers, appeals Ranulf of Tattesworth, for
that he came into Robert's garden and wickedly and in the king's peace
assaulted Robert's man Roger, and beat and wounded him so that his life
was despaired of, and robbed him [Roger?] of a cloak, a sword, a bow and
arrows: and the said Roger offers to prove this by his body as the court
shall consider. And Ranulf comes and defends the whole of it, word by
word, and offers the king one mark of silver that he may have an inquest
of lawful knights [to say] whether he be guilty thereof or no. Also he
says that Roger has never until now appealed him of this, and prays that
this be allowed in his favor. [Ranulf's] offering is accepted. The
jurors say that in truth there was some quarrel between Robert's
gardener, Osmund, and some footboys, but Ranulf was not there, and they
do not suspect him of any robbery or any tort done to Robert or to
Osmund. Also the county records that the knights who on Robert's
complaint were sent to view Osmund's wounds found him unwounded and
found no one else complaining, and that Robert in his plaint spoke of
Osmund his gardener and never of Roger, and that Roger never came to the
county [court] to make this appeal. Therefore it is considered that
Ranulf be quit, and Robert and Roger in mercy. Pledge for Ranulf's mark,
Philip of Draycot. Pledges for the amercement, Henry of Hungerhill, and
Richard Meverell. Pledge for Roger, the said Robert.



41. One L. is suspected by the jurors of being present when Reinild of
Hemchurch was slain, and of having aided and counseled her death. And
she defends. Therefore let her purge herself by the ordeal of iron; but
as she is ill, the ordeal is respited until her recovery.



42. Andrew of Burwarton is suspected by the jurors of the death of one
Hervey, for that he concealed himself because of that death. Therefore
let him purge himself by ordeal of water.



43. Godith, formerly wife of Walter Palmer, appeals Richard of Stonall,
for that he in the king's peace wickedly and by night with his force
came to her house and bound her and her husband, and afterwards slew the
said Walter her husband; and this she offers to prove against him as
wife of the slain as the court shall consider. And he defends all of it.
And the jurors and the whole neighborhood suspect him of that death. And
so it is considered that he purge himself by ordeal of iron for he has
elected to bear the iron.



44. The jurors of Oflow hundred say that the bailiffs of Tamworth have
unjustly taken toll from the knights of Staffordshire, to wit, for their
oxen and other beasts. And the men of Lichfield complain that likewise
they have taken toll from them, more especially in Staffordshire. And
the bailiffs deny that they take anything from the knights in
Staffordshire. And for that they cannot [be heard to] contradict the
jurors, the bailiffs are in mercy. As to the men of Lichfield, [the
Tamworth bailiffs] say that they ought to have, and in King Henry's time
had, toll of them, more especially of the merchants, as well in
Staffordshire as in Warwickshire. And the burgesses of Lichfield offer
the king a half-mark for an inquest by the county. And the county
records that in King Henry's time the men of     Lichfield did not pay
toll in Staffordshire. Therefore the bailiffs are in mercy.



                         - - - Chapter 7 - - -



                        - The Times 1215-1272 -



	Baron landholders' semi-fortified stone manor houses were improved and
extended. Many had been licensed to be embattled or crenelated [wall
indented at top with shooting spaces]. They were usually quadrangular
around a central courtyard. The central and largest room was the hall,
where people ate and slept. The hall had a hearth for fire in the center
of the room if the hall was one story high. Sometimes the lord had a
room with a sleeping loft above it. If the hall was more than one story
high, it had a fireplace at one end so that the smoke could go up and
out the roof. Other rooms each had a fireplace. There were small windows
around the top story and on the inside of the courtyard. They were
usually covered with oiled paper. Windows of large houses were of opaque
glass supplied by a glassmaking craft. The glass was thick, uneven,
distorted, 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 attorneys 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. A lady's 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, and 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". Every great household was bound to give alms.



	As feudalism became less military and less rough, daughters were
permitted to inherit fiefs. It became customary to divide the property
of a deceased man without a son equally among his daughters. Lords were
receiving homage from all the daughters and thereby acquiring marriage
rights over all of them. Also, if a son predeceased his father but left
a child, that child would succeed to the father's land in the same way
that the deceased would have.



	Manors averaged about ten miles distance between each other, the land
in between being unused and called "wasteland". Statutes after a period
of civil war proscribing the retaking of land discouraged the enclosure
of waste land.



	Husbandry land held in villeinage was inherited according to the custom
of its manor as administered in the lord’s manorial court. (The royal
courts had jurisdiction of land held in socage. i.e. free tenure.) The
heir could be the oldest son, the youngest son, a son chosen by the
father to succeed him, or divided among the sons. If there were no sons,
one of the daughters inherited the land or it was divided among all the
daughters. If there were no heirs, the land went back to the lord. Land
could not be sold or alienated so that the heir did not inherit, without
the consent of the lord. Manorial custom also determined the manner of
descent of goods and chattels. A common custom for a villein was that
his best beast go to his lord as heriot and his second best beast go to
the parish priest as mortuary. Then, after debts and burial expenses had
been paid, a number of tools and utensils needed for husbandry and
housekeeping went with the land to its heir. These were the
“heirlooms”, ‘loom” in old English meaning tool. This usually
included, for a holding of more than 5 acres, a coulter, a plowshare, a
yoke, a cart, an axe, a cauldron, a pan, a dish, and a cask. Finally,
the remaining goods and chattels went one-third to the widow, one-third
to his children except for the heir to the land, and one-third according
to the deceased’s last will and testament. A son might take his share
before the death of his father in order to go out into the world and
seek his fortune, for instance in the church or military, upon which
event the father had to pay his lord a fine for his son permanently
leaving the manor. Many country boys became bound apprentices in nearby
boroughs or farm laborers. Others married heiresses of land. By the
custom of “curtesy of the nation”, he held this land for his
lifetime, even if his wife predeceased him. If a man remained on the
family land, he had no right to marry. Often, there were agreements over
land holdings that were recorded in the manor books. For instance, it
was common for a father or mother to hand his or her holding over to the
heir in exchange for sustenance in old age. An heir usually did not
marry until after receiving his land. Manorial custom determined whether
a father’s consent was necessary for a son or daughter to marry, the
nature of any agreement (”trothplight”) between the families as to
lands and goods brought to the marriage, the amount of her marriage
portion, and the son’s endowment (her “dower”) of lands and goods
promised to the bride at the church door that would provide for her
support after his death. If dower was not specified, it was understood
to be one-third of all lands and tenements. At the next hallmote, if
manorial custom required it, the son would pay a fine to his lord for
entry onto the land and for license to marry. From 1246, priests taught
that betrothal and consummation constituted irrevocable marriage.



	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 homemade from hair and hemp.
There were watermills and/or windmills for grinding grain, for malt,
and/or for fulling cloth. The position of the sails of the windmills was
changed by manual labor when the direction of the wind changed.



	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, pay compensation, and
agree to leave the nation permanently.



	County courts were the center of decision-making regarding judicial,
fiscal, military, and general administrative matters. The writs for the
conservation of the peace, directing the taking of the oath, the pursuit
of malefactors, and the observance of watch and ward, were proclaimed in
full county court; attachments were made in obedience to them in the
county court. The county offices were: sheriff, coroner, escheator, and
constable or bailiff. There were 28 sheriffs for 38 counties. The
sheriff was usually a substantial landholder and a knight who had been
prominent in the local court. He usually had a castle in which he kept
persons he arrested. He no longer bought his office and collected
certain rents for himself, but was a salaried political appointee of the
King. He employed a deputy or undersheriff, who was an attorney, and
clerks. If there was civil commotion or contempt of royal authority, the
sheriff of the county had power to raise a posse of armed men to restore
order. The coroner watched the interests of the crown and had duties in
sudden deaths, treasure trove, and shipwreck cases. There were about
five coroners per county and they served for a number of years. They
were chosen by the county court. The escheator was appointed annually by
the Treasurer to administer the Crown's rights in feudal land, which
until 1242 had been the responsibility of the sheriff. He was usually
chosen from the local gentry. The constable and bailiff operated at the
hundred and parish [the geographical area of a church’s members] 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. The constables also kept the royal castles; they recruited,
fed, and commanded the castle garrison.



	County knights served sheriffs, coroners, escheators, and justices on
special royal commissions of gaol-delivery. They sat in judgment in the
county court at its monthly meetings, attended the two great annual
assemblies when the lord, knights and freeholders of the county gathered
to meet the itinerant justices 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
county court to Westminster when summoned there by the kings' justices.
They served on the grand assize. As elected representatives of their
fellow knights of the county, they assessed any taxes due from each
hundred. Election might be by nomination by the sheriff from a fixed
list, by choice, or in rotation. They investigated and reported on local
abuses and grievances. The King's justices 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 before the royal itinerant
justice.



	Reading and writing in the English language was taught. The use of
English ceased to be a mark of vulgarity. In 1258 the first governmental
document was issued in English as well as in Latin and French, and later
Latin started falling into disuse. 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, dialectic (ascertaining word
meaning by looking at its origin, its sound (e.g. soft or harsh), its
power (e.g. robust and strong sound), its inflection, and its order; and
avoiding obscurity and ambiguity in statements), and rhetoric [art of
public speaking, oratory, 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. They studied the
"liberal arts", which derived its name from "liber" or free, because
they were for the free men of Rome rather than for the economic purposes
of those who had to work. The works of Greek authors such as Aristotle
were now available; the European monk Thomas Aquinas had edited
Aristotle's works to reconcile them to church doctrine. He opined that
man's intellectual use of reason did not conflict with the religious
belief that revelation came only from God, because reason was given to
man by God. He shared Aristotle's belief that the earth was a sphere,
and that the celestial bodies moved around it in perfect circles. Latin
learning had already been absorbed without detriment to the church.



	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 the volume of solids, (the science of
measurement), astronomy (the most noble of the sciences because it is
connected with divinity and theology), music and also 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 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.



	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.



	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:

[1] "The house shall be called the House of the Scholars of Merton, and
it shall be the residence of the Scholars forever.

[2] 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.

[3] 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

[4] 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.

[5] 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.

[6] 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.

[7] 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
inquiry 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. . ."



	Educated men (and those of the 1200s through the 1500s), believed that
the earth was the center of the universe and that it was surrounded by a
giant spherical dome on which the stars were placed. The sun and moon
and planets were each on a sphere around the earth that was responsible
for their movements. The origin of the word "planet" meant "wanderer"
because the motion of the planets changed in direction and speed.
Astrology explained how 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. Unusual events such as
the proximity of two planets, a comet, an eclipse, a meteor, or a nova
were of great significance. A star often was thought to presage the
birth of a great man or a hero. 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.
But there were medical interventions such as 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. Surgery was performed by butchers, blacksmiths,
and barbers.



	Roger Bacon, an Oxford master, began the science of physics. He read
Arab writers on the source of light rays being from the object seen, the
nature of refraction and reflection of light, and the properties of
lenses. He studied the radiation of light and heat. 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.
He comprehended the magnifying power of convex lenses and conceptualized
the combination of lenses which would increase the power of vision by
magnification. 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. He knew the power of parabolic concave mirrors to cause parallel
rays to converge after reflection to a focus and knew that a mirror
could be produced that would start a fire at a fixed distance. These
insights made it possible for jewelers and weavers to use lenses to view
their work instead of glass globes full of water, which distorted all
but the center of the image: "spherical aberration". The lens, whose
opposite surfaces were sections of spheres, took the place of the
central parts of the globe over the image.



	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. He foresaw sailing around the world.
He 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. His
explanation of a rainbow as a result of natural laws was contrary to
theological opinion that a rainbow was placed in the heavens to assure
mankind that there was not to be another universal deluge.



	Bacon began the science of chemistry when 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
changed among the states of solid, liquid, and gas. When he studied
man's physical nature, health, and disease, he opined that the
usefulness of a talisman was not to bring about a physical change, but
to bring the patient into a frame of mind more conducive to physical
healing. He urged that there be experiments in chemistry to develop
medicinal drugs.



	He studied different kinds of plants and the differences between arable
land, forest land, pasture land, and garden land.



	Bacon was an extreme proponent of the inductive method of finding
truths, e.g. by categorizing all available facts on a certain subject to
ascertain the natural laws governing it. 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, which 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 were composed of master
craftsmen, their journeymen, and apprentices. 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.



	In some towns, the merchant guilds attempted to directly regulate the
craft guilds. Crafts fought each other. There was a street battle with
much bloodshed between the goldsmiths and the parmenters and between the
tailors and the cordwainers in 1267 in London. There was also a major
fight between the goldsmiths and the tailors in 1268. The Parish Clerks'
Company was chartered in 1233.



	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.
Jews were allowed to make loans with interest up to 2d. a week for 20s.
lent. There are three inns in London. Inns typically had narrow facades,
large courtyards, lodging and refreshment for the well-off, warehousing
and marketing facilities for merchants, and stabling and repairs for
wagons. Caregiving infirmaries such as "Bethlehem Hospital" were
established in London. One was a lunatic infirmary founded by the
sheriff of 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. The Sheriff's court in London lost
its old importance and handled mainly trespass and debt cases, while
important cases went to the Hustings, which was presided over by the
Mayor with the sheriffs and aldermen in attendance. From the early
1200s, the Mayor's Court took on the work which the weekly Husting could
not manage. This consisted mostly of assault and robbery cases. Murder
and manslaughter cases were left to the royal courts.



	London aldermen were elected by the citizens of their respective wards
in wardmotes, in which was also arranged the watch, protection against
fire, and probably also assessment of the taxes within the ward. There
was much effort by the commoners to influence the governance of the
city. In 1261 they forced their way into the townmote and by this brute
show of strength, which threatened riot, they made their own candidate
mayor. Subsequent elections were tumultuous.



	The Tower of London now had outer walls of fortress buildings
surrounded by a wide and deep moat, over which was one stone causeway
and wooden drawbridge. Within this was an inner curtain wall with twelve
towers and an inner moat. The palace within was a principal residence of
English monarchs, whose retinue was extensive, including the chief
officers of state: Lord High Steward, Lord High Chancellor, Lord High
Treasurer, Lord Great Chamberlain, Lord High Constable, Keeper of the
Seals, and the King's Marshall; lesser officials such as the Chamberlain
of the Candles, Keeper of the Tents, Master Steward of the Larder, Usher
of the Spithouse, Marshall of the Trumpets, Keeper of the Books, Keeper
of the Dishes and of the Cups, and Steward of the Buttery; and numbers
of cat hunters, wolf catchers, clerks and limners, carters, water
carriers, washerwomen and laundresses, chaplains, lawyers, archers,
huntsmen, hornblowers, barbers, minstrels, guards and servitors, and
bakers and confectioners. The fortress also contained a garrison,
armory, chapels, stables, forge, wardrobe for a tailor's workroom and
secure storage of valuable clothes, silver plate, and expensive imports
such as sugar, rice, almonds, dried fruits, cinnamon, saffron, ginger,
galingale, zedoary, pepper, nutmeg, and mace. There was a kitchen with
courtyard for cattle, poultry, and pigs; dairy, pigeon loft, brewery,
beehives, fruit stores, gardens for vegetables and herbs; and sheds for
gardeners. There was also a mint, which minted a gold penny worth 2s. of
silver, a jewel house, and a menagerie (with leopards, lions, a bear,
and an elephant). The fortress also served as a state prison. Most
prisoners there had opposed the royal will; they were usually permitted
to live in quarters in the same style they were used to, including
servants and visits by family and friends. But occasionally prisoners
were confined in irons in dark and damp dungeons.



	The King's family, immediate circle, and most distinguished guests
dined elegantly in the Great Hall at midday. They would first wash their
hands in hot water poured by servants over bowls. The table had silver
plate, silver spoons, and cups of horn, crystal, maple wood, or silver
laid on a white cloth. Each guest brought his own knife in a leather
sheath attached to a belt or girdle. A procession of servitors brought
the many dishes to which the gentlemen helped the ladies and the young
their seniors by placing the food in scooped-out half-loaves of bread
that were afterwards distributed to the poor. A wine cup was handed
around the table. In the winter after dinner, there would often be games
of chess or dice or songs of minstrels, and sometimes dancing, juggler
or acrobat displays, or storytelling by a minstrel. In the summer there
were outdoor games and tournaments. Hunting with hounds or hawks was
popular with both ladies and gentlemen. The King would go to bed on a
feather mattress with fur coverlet that was surrounded by linen
hangings. His grooms would sleep on trundle beds in the same room. The
queen likewise shared her bedchamber with several of her ladies sleeping
on trundle beds. Breakfast was comprised of a piece of bread and a cup
of wine taken after the daily morning mass in one of the chapels.
Sometimes a round and deep tub was brought into the bedchamber by
servants who poured hot water onto the bather in the tub. Baths were
often taken in the times of Henry III, who believed in cleanliness and
sanitation. Henry III was also noted for his luxurious tastes. He had a
linen table cloth, goblets of mounted cocoa-nut, a glass cup set in
crystal, and silk and velvet mattresses, cushions, and bolster. He had
many rooms painted with gold stars, green and red lions, and painted
flowers. To his sister on her marriage, he gave goldsmith's work, a
chess table, chessmen in an ivory box, silver pans and cooking vessels,
robes of cloth of gold, embroidered robes, robes of scarlet, blue, and
green fine linen, Genoese cloth of gold, two napkins, and thirteen
towels.



	In the King's 1235 grant to Oxford, the Mayor and good men were
authorized to take weekly for three years 1/2 d. on every cart entering
the town loaded with goods, if it was from the county, or 1d. if it came
from outside the county; 1/4 d. for every horse load, except for
brushwood; 1/2 d. on every horse, mare, ox, or cow brought to sell; and
1/2 d. for every five sheep, goats, or pigs.



	English ships had one mast with a square sail. The hulls were made of
planks overlapping each other. There was a high fore castle [tower] 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. Bricks began
to be imported for building. About 10% of the population lived in towns.



	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 by combat.



	The king no longer lives on his own from income from his own lands, but
takes money from the treasury. A tax of a percentage of 1/15 th of
personal property was levied in 1225 for a war, in return for which the
king signed the Magna Carta. It was to be paid by all tenants-in-chief,
men of the royal domain, burgesses of the boroughs and cities, clerical
tenants-in-chief, and religious houses. The percentage tax came to be
used frequently and ranged from about 1/40 th to 1/5 th. In 1294, this
tax was bifurcated into one percentage amount for the rural districts
and a higher one for urban districts, because the burgesses had greater
wealth and much of it was hard to uncover because it was in the
possession of customers and debtors. It was usually 1/10 th for towns
and royal domains and 1/15 th in the country. This amount of money
collected by this tax increased with the wealth of the country.



	The king takes custody of lands of lunatics and idiots, as well as
escheats of land falling by descent to aliens. Henry III took 20s. from
his tenants-in-chief for the marriage of his daughter, and two pounds
for the knighting of his son.



	By 1250, the king was hiring soldiers at 2s. per day for knights, and
9d. a day for less heavily armed soldiers, and 6d. a day for
crossbowmen. Some castle-guard was done by watchmen hired at 2d. a day.
Ships were impressed when needed. Sometimes private ships were
authorized to ravage the French coasts and take what spoil they could.



	While King Henry III was underage, there was much controversy as to who
should be his ministers of state, such as justiciar, chancellor, and
treasurer. This led to the concept that they should not be chosen by the
king alone. After he came of age, elected men from the baronage fought
to have meetings and his small council in several conferences called
great councils or parliaments (from French "to speak the mind") to
discuss the levying of taxes and the solution of difficult legal cases,
the implementation of the Magna Carta, the appointment of the king's
ministers and sheriffs, and the receipt and consideration of petitions.
The barons paid 1/30 th tax on their moveable property to have three
barons of their choice added to the council. Statutes were enacted.
Landholders were given the duty of electing four of their members in
every county 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 county from whom the exchequer was to choose
the sheriff of the year. Earl Montfort and certain barons forced King
Henry III to summon a great council or parliament in 1265 in which the
common people were represented officially by two knights from every
county, two burgesses from every borough, and two representatives from
each major port. So the King's permanent small council became a separate
body from parliament and its members took a specific councilor's oath in
1257 to give faithful counsel, to keep secrecy, to prevent alienation of
ancient demesne, to procure justice for the rich and poor, to allow
justice to be done on themselves and their friends, to abstain from
gifts and misuse of patronage and influence, and to be faithful to the
queen and to the heir.



                              - 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. Its 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 MERE 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 reasonably 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 agreed.}



[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND QUERENTINE
(period of forty days during which the widow has a privilege of
remaining in the mansion house of which her husband died seized). 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 [NECESSARIES OR SUPPLIES
SUCH AS WOOD], 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 freeman shall be amerced [made to pay a fine to the King] for a small
offense only according to the degree thereof, and for a serious offense
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 OFFENSE 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 DEFENSE 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 from a sovereign or one in
authority] 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 freeman 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 freeman 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 movables], 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" [for tenements held in
chief of the Crown] shall not in the future be granted to anyone
respecting any freehold if thereby a freeman [who has a mesne lord] 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 freeman 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 [in the county] 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 combat].



[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN AND A
LEET COURT (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 [SERVICE OF THE SHIELD, A TENURE IN KNIGHTS’ 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 MOVABLES.
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.



[ENFORCEMENT]



{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.}



[AMNESTY]



{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 offenses 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. FITZHERBERT, 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 STEADFASTLY, 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 [1 d.], 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 gaols.



	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
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. (The king retained the right to take
possession of an heir's land for a year or, in lieu of this, to take one
year's profit from the land in addition to the relief.)



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 county 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".



	Church law required that planned marriages be publicly announced by the
priest so that any impediment could be made known. If a marriage was
clandestine or both parties knew of an impediment, or it was within the
prohibited degrees of consanguinity, the children would be illegitimate.
According to church rules, a man could bequeath his personal property
subject to certain family rights. These were that if only the wife
survived, she received half the property. Similarly, if children
survived, but no wife, they received half the property. When the wife
and children survived, each party received one third. The church hoped
that the remaining fraction would go to the church as a reward for
praying for the deceased's soul. It taught that dying without a will was
sinful. Adults were to confess their sins at least yearly to their
parish priest, which confession would be confidential.



	Henry de Bracton, a royal justice and the last great ecclesiastical
attorney, 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 then 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 justices were career civil servants knowledgeable in the
civil and canon law. 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. Any use of force, however
trivial, was interpreted as breach of the royal peace and could be
brought before the king's bench. Its records were the coram rege rolls.
The title of the Chief Justiciar of England changed to the Chief Justice
of England. 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, the Great Hall in Westminster. It had concurrent jurisdiction
with the King's Bench over trespass cases. 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.



	Appeals from these courts could be made to the king and/or his small
council, which was the curia regis and could hear any plea of the land.
In 1234, the justiciar as the principal royal executive officers and
chief presiding officer over the curia regis ended. In 1268, a chief
justiciar was appointed the hold pleas before the king. Henceforth, a
justiciar was a royal officer who dealt only with judicial work. About
the same time the presiding justice of the court of common pleas also
came to be styled justiciar or chief justice. Justices were no longer
statesmen or politicians, but simply men learned in the law.



	Membership in or attendance at the great council or parliament no
longer rested upon feudal tenure, but upon a writ of summons which was,
to a degree, dependent on the royal will.



	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 nonstandard widths, selling wine by
nonstandard weights. Crown causes were pled by the king's serjeants or
servants at law, who were not clerics. Apprentices at law learned
pleading from them.



	Between the proprietary action and the possessory assizes there is
growing use in the king's courts of writs of entry, by which a tenant
may be ordered to give up land, e.g. by a recent flaw in a tenant's
title, for a term which has expired, by a widow for her late husband's
land, or by an heir who has become of full age from his guardian. For
instance: " ...Command Tertius that ... he render to Claimant, who is of
full age, as it is said, ten acres ...which he claims to be his right
and inheritance and into which the said Tertius has no entry save by
Secundus, to whom Primus demised [gaged] them, who had only the wardship
thereof while the aforesaid Claimant was under age, as he says...". But
most litigation about land is still through the writ of right for
proprietary issues and the assizes of novel disseisin and mort
d'ancestor for possessory issues.



	Royal itinerant justices traveled to the counties every seven years.
There, they gave interrogatories to local assizes of twelve men to
determine what had happened there since the last eyre. All boroughs had
to send twelve burgesses who were to indict any burgesses suspected of
breaking the royal law. Every crime, every invasion of royal rights, and
every neglect of police duties was to be presented and tried. Suspects
were held in gaol until their cases could be heard and gaol breaks were
common. Punishment after trial was prison for serious crimes, expulsion
from the realm for less serious crimes, and pledges for good behavior
for lesser crimes. The visitation of these justices was anticipated with
trepidation. In 1237, the residents of Cornwall hid in the woods rather
than face the itinerant justices.



	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 trove and shipwreck cases.



	Justices of assize, Justices of the Peace, and itinerant justices
operated at the county level. The traditional county courts had lost
much jurisdiction to the royal courts and were now limited to personal
actions in causes involving usually no more than 40s. There were pleas
of trespass and debt, unjust seizure and detention of beasts, rent
collection, claims of fugitive villeins and their goods, nuisances, and
encroachments. The sheriff still constitutes and conducts the court. The
county court met every three or four weeks, usually in the sheriff's
castle located in the chief borough of the county, but some met in the
open air.



	Twice a year the sheriff visited each hundred in the county to hold a
turn [court for small offenses, such as encroachment of public land,
brewing and baking contrary to government regulations, and use of
dishonest weights and measures.]. 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
justiciable to my chief tithing man, so help me God and the saints."
Each tithing man paid a penny to the sheriff.



	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
[detention of personal property which originally was rightfully
acquired] and covenant, which now requires a sealed writing; defamation,
and inquiries and presentments arising from the assizes of bread and ale
and measures. A paid bailiff had responsibility for the hundred court,
which met every three weeks.



	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, deodands were forfeited
to the king to appease God's wrath. These chattel which caused the death
of a person were usually carts, cart teams, horses, boats, or
millwheels. Then they were forfeited to the community, which paid the
king their worth. Sometimes the justices named the charitable purpose
for which the deodand was to be spent, such as the price of a boat to go
to the repair of a bridge.



	Five cases are:



CASE: "John Croc was drowned from his horse and cart in the water of
Bickney. Judgment: misadventure. The price of the horse and cart is
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, e.g. 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 appurtenances".



	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
personal property and money of their parents. Proof was by compurgation.
Church law required excommunication to be in writing with the reasons
therefore, and a copy given to the excommunicant. A church judge was
required to employ a notary or two men to write down all acts of the
judge and to give a copy to the parties to protect against unjust
judges. No cleric was allowed to pronounce or execute a sentence of
death or to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its owner.
Heretics were to be excommunicated.



	Trial by combat is still available, although it is extremely rare for
it to 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, county, 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." All above the rank of knight were
exempted from attendance on the sheriff's turn, unless specifically
summoned. Prelates and barons were generally excepted from the county
courts by the charters of their estates. Charters of boroughs often
excepted their representatives at the county court when there were no
justices. Some barons and knights paid the sheriff to be excused. The
king often relieved the simple knights by special license. There was
frequently a problem of not having enough knights to hold the assizes.
Henry III excused the attendance at hundred courts of all but those who
were bound to special service, or who were concerned in suits.



	Trespass has become a writ of course in the common law. It still
involves violence, but its element of breach of the peace extends to
those breaches which do not amount to felony. It can include assault and
battery, physical force to land, and physical force to chattels, e.g.
assaulting and beating the plaintiff, breaking into his close, or
carrying off his goods. One found guilty is fined and imprisoned. As in
criminal matters, if a defendant does not appear at court, his body can
be seized and imprisoned, and if he cannot be found, he may be outlawed.
Trespass to goods results in damages, rather than the return of the
goods, for goods carried off from the plaintiff's possession and can be
brought by bailees.



	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 called "trespass on the
case".)



	Various cases from the manors of the abbey of Bec in 1248-1249 are:



 1. Ragenilda of Bec gives 2s. for having married without licence.
Pledge, William of Pinner. The same Ragenilda demands against Roger Loft
and Juliana his wife a certain messuage which belonged to Robert le
Beck, and a jury of  twelve lawful men is granted her in consideration
of the said fine, and if she recovers seisin she will give in all 5s.
And twelve jurors are elected, to wit, John of Hulle, William Maureward,
Robert Hale Walter But, Walter Sigar, William Brihtwin, Richard
Horseman, Richard Leofred, William John's son, Hugh Cross, Richard
Pontfret and Robert Croyser, John Bisuthe and Gilbert Bisuthe who are
sworn. And they say that the said Ragenilda has the greater right.
Therefore let her have seisin.



 2. Richard Guest gives 12d. and if he recovers will give 2s. to have a
jury of twelve lawful men as to whether he has the greater right in a
certain headland at Eastcot which Ragenilda widow of William Andrews
holds, or the said Ragenilda. Pledges for the fine, John Brook and
Richard of Pinner. And the said Ragenilda comes and says that she has no
power to bring that land into judgment because she has no right in it
save by reason of the wardship of the son and heir of her husband, who
is under age. And Richard is not able to deny this. Therefore let him
await [the heir's] full age.



 3. Walter Hulle gives 13s.4d. for licence to dwell on the land of the
Prior of Harmondsworth so long as he shall live and as a condition finds
pledges, to wit, William Slipper, John Bisuthe, Gilbert Bisuthe, Hugh
Tree, William John's son, John Hulle, who undertake that the said Walter
shall do to the lord all the services and customs which he would do if
he dwelt on the lord's land and that his heriot shall be secured to the
lord in case he dies there [i.e. at Harmondsworth].



 4. Geoffrey Sweyn demands the moiety of one virgate of land which John
Crisp and Alina Hele hold, and he gives 2s. to have a jury, and if he
recovers will give 20s. And the said jurors come and say upon their oath
that the said Geoffrey has no right in the said land. Therefore let the
said tenants go thence without day and let the said Geoffrey pay 2s.
Pledges, Hugh Bussel and Godfrey Francis.



 5. Juliana Saer's daughter demands as her right the moiety of one
messuage with a croft, which messuage William Snell and Goda his wife,
sister of the said Juliana hold. And they have made accord by leave [of
the court] to the effect that the said William and Goda give to the said
Juliana a barn and the curtilage nearest the Green and two selions [a
ridge of land between two furrows] in the western part of the said croft
[a small enclosed field]. And the said William put himself in mercy.
Fine, 12d.



 6. Hugh of Stanbridge complains of Gilbert Vicar's son and William of
Stanbridge that the wife of the said Gilbert who is of [Gilbert's]
mainpast and the said William unjustly etc. beat and unlawfully struck
him and dragged him by his hair out of his own proper house, to his
damage 40s. and to his dishonor 20s., and [of this] he produces suit.
And Gilbert and William come and defend all of it fully. Therefore let
each of them go to his law six-handed. Afterwards they make accord to
this effect that in case the said Hugh shall hereafter in any manner
offend against [Gilbert and William] and thereof shall be convicted he
will give the lord 6s.8d. by way of penalty and will make amends to
[Gilbert and William] according to the judgment of six lawful men, and
the others on their part will do the like by him. And Hugh put himself
in mercy. Fine, 3s. Pledges, John Tailor and Walter Brother.



 7. Breakers of the assize [of beer:] William Idle (fined 6d.), maud
carter's widow (6d.), Walter Carter.



 8. John Witriche in mercy for carrying off thorns. Fine, 6d.



 9. Robert Dochi in mercy (fine, 2d.) for divers trespasses. Pledges,
Gilbert Priest's son, Ralph Winbold and Walter Green.



10. Ailwin Crisp in mercy for his cow caught in the lord's pasture when
ward had been made. Fine, 12d.



11. John Bernard in mercy for his beasts caught by night in the lord's
meadow. Fine, 2s.



12. Richard Love gives 12d. to have a jury of twelve touching a rod of
land which Robert of Brockhole and Juliana his wife hold. This action is
respited to the next court [when the jurors are to come] without further
delay. Afterwards the jurors come and say upon their oath that the said
Richard has the greater right in the said land. Therefore let him have
seisin.



13. William Blackbeard in mercy for not coming with his law as he was
bound to do. Pledges, Geoffrey of Wick and Geoffrey Payn. Fine, 6d.



14. It was presented that Stephen Shepherd by night struck his sister
with a knife and grievously wounded her. Therefore let him be committed
to prison. Afterwards he made  fine with 2s. Pledge, Geoffrey of wick.



15. It was presented that Robert Carter's son by night invaded the house
of Peter Burgess and in felony threw stones at his door so that the said
Peter raised the hue.Therefore let the said Robert be committed to
prison. Afterwards he made fine with 2s.



16. Nicholas Drye, Henry le Notte (fine, 12d.) and Thomas Hogue (fine,
12d.) were convicted for that they by night invaded the house of Sir
Thomas the Chaplain and forcibly expelled thence a man and woman who had
been taken in there as guests. Therefore they are in mercy. Pledges of
the said Thomas, richard of Lortemere and Jordan of Paris. Pledges of
the said Henry, Richard Pen...and Richard Butry.



17. Adam Moses gives half a sextary of wine to have an inquest as to
whether Henry Ayulf accused him of the crime of larceny and used
opprobrious and contumelious words of him. Afterwards they made accord
and Henry finds security for an amercement. Fine, 12d.



18. Isabella Sywards in mercy for having sold to Richard Bodenham land
that she could not warrant him.



19. All the ploughmen of great Ogbourne are convicted by the oath of
twelve men....because by reason of their default [the land] of the lord
was ill ploughed whereby the lord is damaged to the amount of 9s.... And
Walter Reaper is in mercy for concealing [i.e. not giving information as
to] the said bad ploughing. Afterwards he made fine with the lord with 1
mark.



20. From Ralph Joce 6s.8d. for his son, because he [the son] unlawfully
carried off grain from the lord's court. Pledge,Geoffrey Joce.



21. From Henry Pink 12d. for a trespass by waylaying.



22. From Eve Corner 6d. for a trespass of her pigs.



23. From Ralph Scales 6d. for timber carried off.



24. From William Cooper 12d. for ploughing his own land with the lord's
plough without licence.



25. From Hugh Newman 12d. for trespass in the wood.



26. From Richard Penant 12d. for the same.



27. From Helen widow of Little Ogbourne 6d. for the same.



28. From Nicholas Siward 6d. for a false complaint against William
Pafey.



29. From William Pafey 12d. for fighting with the said Nicholas.



30. From the widow of Ralph Shepherd 6d. for a trespass in Pencombe.



31. Richard Blund gives a half-mark and if he recovers will  give two
marks and a half to have a jury of the whole court, to inquire whether
he has the greater right in a virgate of land which Hugh Frith holds in
wardship with Cristiana daughter of Simon White, or the said Cristiana.
Pledges for the fine, Richard Dene, William Hulle, John of Senholt, Hugh
Smith, and William Ketelburn. And the whole court say upon their oath
that the said Richard has greater right in the said land than anyone
else. Therefore let him recover his seisin.



32  ....Miller gives 2d. [the Latin translates as 4s.] for a trespass
against the assize of beer and because the lord's grain has been ill
kept at the mill. Pledges, John Orped and Joce Serjeant.



33. Noah gives 2s. in the same way for an inquest as to one acre.
Afterwards they submit themselves to arbitrators, who adjudge that the
said Robert shall pay 3s. to the said Roger and 6s. to the said Gilbert
and 7s. to the said Noah, and that he will do so [Robert] finds pledges.



34. Ralph Bar in mercy for having beaten one of the lord's men. Pledges,
Herbert Rede and Ralph Brunild.



35. For the common fine of the township, a half-mark.



36. John Boneffiant found pledges, to wit, William Smith and William of
Bledlow, that he will not eloign himself from the lord's land and that
he will be prompt to obey the lord's summons.



                         - - - 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 spoke Latin, English, and
French. He gained a reputation as a lawgiver and as a peacemaker in
disputes on the continent. His reputation was so high and agreement on
him as the next king so strong that England was peaceful in the almost
two years that it took him to arrive there from continental business. He
was truthful, law-abiding, and kept his word. 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
was frugal and 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 county 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
peers (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. Parents often made contracts to marry for their young children.
This avoided a forced marriage by a ward should the parents die.



	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 freeholders who held land of the
value of at least 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. Edward forbade tournaments at
which there was danger of a "melee". 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.



	Riddles include: 1. I will make you a cross, and a thing will not touch
you, and you will not be able to leave the house without breaking that
cross. Answer: Stand before a post in your house, with your arms
extended. 2. What you do not know, and I do not know, and no one can
know after I have told you. Answer: I will take a straw from the floor
of the room, measure its inches, tell you the length, and break the
straw. 3. A pear tree bears all the fruit a pear tree can bear and did
not bear pears. Answer: It bore only one pear.



	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, and it
could be made tighter. After Edward I established the standard inch as
three continuous dried barleycorns, shoes came in standard sizes and
with a right one different from a left one. The spinning wheel came into
existence to replace the handheld spindle. Now one hand could be used to
form the thread while the other hand turned a large upright wheel that
caused the thread to wind around the spindle, which did not have to be
held by hand. This resulted in an uninterrupted spinning motion which
was not interrupted by alternately forming the thread and winding it on
the spindle.



	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.



	There was a great development of heraldic splendor with for instance,
crests, coat-armor, badges, pennons [long, triangular flag], and
helmets. They descended through families. Not only was it a mark of
service to wear the badge of a lord, but lords wore each other's badges
by way of compliment.



	Lords surrounded themselves with people of the next lower rank, usually
from nearby families, and had large households. For instance, the king
had a circle of noblemen and ladies about him. A peer or great prelate
had a household of about 100-200 people, among which were his inner
circle, companions, administrators, secretaries, bodyguards and armed
escort, chaplain, singing priests and choirboys, and servants. All
officers of the household were gentlemen. The secretary was usually a
clerk, who was literate because he had taken minor clerical orders.
Since the feudal obligation of the tenants was disappearing, a lord
sometimes hired retainers to supplement his escort of fighting men. They
proudly wore his livery of cloth or hat, which was in the nature of a
uniform or badge of service. A nobleman and his lady had a circle of
knights and gentlemen and their ladies. A knight had a circle of
gentlemen and their ladies.



	The great barons lived in houses built within the walls of their
castles. Lesser barons lived in semi-fortified manors, many of which had
been licensed to be embattled or crenelated. Their 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. Sometimes
a cat was used to open and shut the louvers of the smoke outlet in the
roof. 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. There was a chapel, in which the lord attended mass every
morning. The many knights usually lived in unfortified houses with two
rooms.



	In the 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. The lord, his lady, and their family and
guests sat at the head table, which was raised on a dais. On this high
table was a large and elaborate salt cellar. One's place in relationship
to the salt cellar indicated one's status: above or below the salt.
Also, those of higher status at the table ate a superior bread. The
almoner [alms giver] said grace. Gentlemen poured the lord's drink
[cupbearer], served his meat [carver], and supervised the serving of the
food [sewer]. A yeoman ewery washed the hands of the lord and his guests
and supplied the napkins, ewers [pitchers], and basins. A yeoman
cellarer or butler served the wine and beer. The yeoman of the pantry
served the bread, salt, and cutlery. The steward presided over the table
of household officers of gentle birth. The marshall of the hall, clerk
of the kitchen, or other yeomen officers supervised other tables. Salt
and spices were available at all tables. Most people ate with their
fingers, although there were knives and some spoons. Drinking vessels
were usually metal, horn, or wood. A marshall and ushers kept order.
Minstrels played musical instruments or recited histories of noble deeds
or amusing anecdotes. Reading aloud was a favorite pastime. The almoner
collected the leftovers to distribute to the poor.



	In lesser houses people ate off trenchers [a four day old slab of
coarse bread or a piece of wood with the middle scooped out like a
bowl], or plates of wood or pewter [made from tin, copper, and lead].
They often shared plates and drinking vessels at the table.



	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. 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 way up and drove up the prices
of all other goods correspondingly. The story of outlaw Robin Hood, who
made a living by robbing, was passed around. This Robin Hood did not
give to the poor. But generally, there was enough grain to store so that
the population was no longer periodically devastated by famine. The
population grew and all arable land in the nation came under the plough.
The acre was standardized. About 1300, the price of an ox was 9s., a
heifer or cow 7s., a hide 2s.6d., a cart horse 2 or 3 pounds. Farm women
went to nearby towns to sell eggs and dairy products, usually to town
women.



	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 1/2 d. 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 ploughing 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
King 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 licence 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.



	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]. 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 fish, honey, spices, salt, garlic, oil, furs,
silks, canvas, soap, pans, pots, grindstones, coal, nails, tar, iron,
shovels, brushes, pails, horses, and packsaddles. Early apothecaries
might sell potions there. Men and women looking for other employment
might attend to indicate their availability.



	Under Edward I, villages were required to mount watches to protect life
and property and were called upon to provide one man for the army and to
pay his wages.



	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, who might be women.
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. Men who did not
make a will risked the danger of an intestate and unconfessed death. The
personal property of a man dying intestate now went to the church as a
trust for the dead man's imperiled soul instead of to the man's lord.



	Unqualified persons entered holy orders thereby obtaining "benefit of
clergy", and then returned to secular employments retaining this
protection.



	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
40s. 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
metalwork, 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, one 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 in different 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 give 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 combat 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 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". Women, usually wives of brethren only,
could be admitted. 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. The number
seven was thought to have sacred power; there were seven sacraments,
seven churches in the Biblical Apocalypse, seven liberal arts and seven
devilish arts. The seven sacraments were: baptism, confirmation, Lord's
Supper, penance, orders, matrimony, and extreme unction.



	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, who
were unpaid, made up the town council, which advised the mayor. The
Mayor of London received 40 pounds for hospitality, but in small towns,
20s. sufficed. Often there were town police, bailiffs, beadles
[messengers], a town crier, and a town clerk. London offices included
recorder, prosecutor, common sergeant, and attorneys. 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 crier made
public announcements with bell or horn. Here too was the ducking stool
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 there were 4 royal princes, 6 great earls, 17 barons, 26
knights, and 11 female representatives of the peerage (counted in 1319).
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. The repair of
Bishopsgate was the responsibility of the Bishop because he received one
stick from every cart of firewood passing through it. Rules as to tiled
roofs were enforced. A 1297 ordinance required all taverns to close at
curfew, an hour that fluctuated. Prostitutes were expelled from the city
because the street with their bawdy houses had become very noisy. Women
huckster-retailers, nurses, servants, and loose women were limited to
wearing hoods furred with lambskin or rabbitskin and forbidden to wear
hoods furred with vair or miniver [grey or white squirrel] in the guise
of good ladies. An infirmary for the blind was founded by a mercer, who
became its first prior.



	The London mayoral elections were hotly fought over until in 1285, when
the aldermen began to act with the aid of an elected council in each of
the twenty-four wards, which decentralized the government of the city.
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. In 1291, the aldermen for the first time included a
fishmonger. The Fishmongers were the only guild at this time, besides
the Weavers, which had acquired independent jurisdiction by the transfer
of control of their weekly hallmote from a public official to
themselves. Craftsmen began to take other public offices too. By the
reign of Edward II, all the citizens were obliged to be enrolled among
the trade guilds. A great quarrel between the weaver's guild and the
magistracy began the control of the city by the craft guilds or city
companies. Admission to freedom of the city [citizenship] was controlled
by the citizens, who decided that no man of English birth, and
especially no English merchant, who followed any specific mistery
[French word for a calling or trade] or craft, was to be admitted to the
freedom of the city except on the security of six reputable men of that
mistery or craft. No longer could one simply purchase citizenship.
Apprentices had to finish their terms before such admission, and often
could not afford the citizenship fee imposed on them. Only freemen could
sell wares in the city, a custom of at least two hundred years.



	As economic activity in London became more complex and on a larger
scale in the 1200s, some craftsmen were brought under the control of
other crafts or merchants. The bakers fell under the control of the
wholesale grain dealers; the weavers became pieceworkers for rich cloth
merchants; the blademakers and shearers were employed by cutlers;
coppersmiths were controlled by girdlers; fullers were controlled by
entrepreneurial dyers; and the painters, joiners, and lorimers were
controlled by the saddlers. Guilds moved their meeting places from
churches, which were now too small, to guild halls. The controlling
officers of the large guilds met at the Guildhall, which became the seat
of mayoral authority. London streets in existence by this time include
Cordwainer, Silver, Cannon (Candlewick), and Roper. Lanes included
Ironmonger, Soper, Spurrier, Lad (ladles), Distaff, Needles, Mede,
Limeburner, and Hosier. Fighting among groups was common in London.
There was a street fight on a large scale in 1327 between the saddlers
and a coalition of joiners, painters, and lorimers (makers of metal work
of saddles). Much blood was shed in the street battle between the
skinners and the fishmongers in 1340. There was a city ordinance that no
one except royal attendants, baronial valets, and city officials were to
go about armed. Disputes among neighbors that were brought to court
included the use and upkeep of party walls, blocked and overflowing
gutters, cesspits too close to a neighbor's property, noisy tenants,
loss of light, and dangerous or overhanging structures.



	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.



	Some prices in London were: large wooden bedstead 18s., a small
bedstead 2s., a large chest for household items 2s., feather beds 2-3s.,
a table 1s., a chair 4-6d., cloth gown lined with fur 13- 20s., plain
coats and overcoats 2-8s., caps 2-8d., a pair of pen- cases with inkhorn
4d., a skin of parchment 1d., 24 sheets of paper 6d, a carcass of beef
15s., a pig 4s., a swan 5s., and a pheasant 4s. There was a problem with
malefactors committing offenses in London and avoiding its jurisdiction
by escaping to Southwark across the Thames. So Southwark was given a
royal charter which put it under the jurisdiction of London for peace
and order matters and allowed London to appoint its tax collector.
London forbade games being played because they had replaced practice in
archery, which was necessary for defense.



	A royal inquiry into the state of the currency indicated much
falsification and coin-clipping by the Jews and others. About 280 Jews
and many Englishmen were found guilty and hanged. The rest of the Jews,
about 16,000, were expelled in 1290. This was popular with the public
because of the abuses of usury. There had been outbreaks of violence
directed at the Jews since about 1140. The king used Italian bankers
instead because he thought them more equitable in their dealings. The
lepers were driven out of London in 1276. 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
candlewicks), 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 [about one
ton]. 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.
Each maritime county maintained a coast guard, which was under the
command of a knight. Ports had well-maintained harbors, quays, and
streets. By 1306 there was an office of admiral of the fleet of the
ships of the southern ports.



	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 I 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. When the clergy refused to pay, he put
them outside the royal protection and threatened outlawry and
confiscation of their lands. Then they agreed to pay and to renounce all
papal orders contrary to the King's authority.



	The Model Parliament of 1295 was composed of the three communities. The
first were the lords, which included seven earls and forty-one barons.
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
great barons were chosen by the king and received a special summons in
their own names to the council or Parliament. Others were called by a
general summons. The second community was the clergy, represented by the
two archbishops, bishops from each of eighteen dioceses, and sixty-seven
abbots. The third community was the commons. It was composed of two
knights elected by the suitors who were then present at the county
court, two burgesses elected by principal burgesses of each borough, and
two representatives from each city. The country knights had a natural
affinity with the towns in part because their younger sons sought their
occupation, wife, and estate there. Also, great lords recruited younger
brothers of yeoman families for servants and fighting men, who
ultimately settled down as tradesmen in the towns. The country people
and the town people also had a community of interest by both being
encompassed by the county courts. The peasants were not represented in
the county courts nor in Parliament. One had to have land to be entitled
to vote because the landowner had a stake in the country, a material
security for his good behavior.



	Parliaments without knights and burgesses still met with the king. But
it was understood that no extraordinary tax could be levied without the
knights and burgesses present. Ordinary taxes could be arranged with
individuals, estates, or communities. The lower clergy ceased to attend
Parliament and instead considered taxes to pay to the king during their
national church convocations, which were held at the same time as
Parliament. For collection purposes, their diocesan synod was analogous
to the count court. The higher clergy remained in Parliament because
they were feudal vassals of the king.



	Edward's council was the highest tribunal. It comprised the chancellor,
treasurer and other great officers of state, the justices of the three
courts, the master or chief clerks of the chancery, and certain selected
prelates and barons. The council assisted the king in considering
petitions. Most petitions to the King were private grievances of
individuals, including people of no social rank, such as prisoners.
Other petitions were from communities and groups, such as religious
houses, the two universities, boroughs, and counties. These groups
sometimes formed alliances in a common cause. Women sometimes
petitioned. From 1293, the petitions were placed in four stacks for
examination by the King and council, by the Chancery, by the Exchequer,
or by the justices. Many hours were spent hearing and answering
petitions. From 1305, the petitions were presented to the king in full
Parliament.



	The king still exercised a power of legislation without a full
Parliament. He might in his council issue proclamations. The Chief
Justices still had, as members of the king's 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. Royal
proclamations had the same force as statutes while the king lived;
sometimes there were demands that certain proclamations be made
perpetual by being embodied in statutes, e.g. fixing wages. 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 may outvote the minority was
beginning to take hold. Edward I's councilors and justices took an oath
to give, expedite, and execute faithful counsel; to maintain, recover,
increase, and prevent the diminution of, royal rights; to do justice,
honestly and unsparingly; to join in no engagements which may present
the councilor from fulfilling his promise; and to take no gifts in the
administration of justice, save meat and drink for the day. These were
in addition to other matters sworn to by the councilors.



	Parliament soon was required to meet at least once a year at the Great
Hall at Westminster located beside the royal palace. London paid its
representatives 10s. per day for their attendance at Parliament. From
the time of Edward II, the counties paid their knight- representatives
4s. daily, and the boroughs paid their burgess- representatives 2s.
daily. When it convened, the Chancellor sat on the left and the
Archbishop of Canterbury on the right of the king. Just below and in
front of the king his council sits on wool sacks brought in for their
comfort from wool stored nearby. It answers questions. Behind them on
the wool sacks sit the justices, who may be called upon to give legal
advice, e.g. in framing statutes. Then come the spiritual and lay
barons, then the knights, and lastly the elected burgesses and citizens.
Lawmaking became a function of Parliament, of which the King's council
is a part, instead of a function of the king with his council and
justices. The common people now had a voice in lawmaking, though
legislation could be passed without their consent. 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 movables, which were mostly foodstuffs and
animals. The king offered to give up the royal right to tax merchandise
for a new tax: customs on exports. The barons and knights of the county
agreed to pay an 11th, the burgesses, a 7th, and the clergy a 10th on
their other movables. In time, several boroughs sought to be included in
the county representation so they could pay the lower rate. This new
system of taxation began the decline of the imposition of feudal aids,
knights' fees, scutages, carucage, and tallage, which had been
negotiated by the Exchequer with the reeves of each town, the sheriff
and county courts of each county, and the bishops of each diocese.



	The staple [depot or mart, from the French "estaple"] system began when
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 in 1275. These goods had to be assessed and
collected at certain designated ports. Certain large wool merchants, the
merchants of the staple, were allowed to have a monopoly on the purchase
and export of wool. Imports of wine were taxed as tunnage as before,
that is there was a royal right to take from each wine ship one cask for
every ten at the price of 20s. per cask.



	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 [casket] of wine, and 6d. for every pound's worth
of other goods. The "tenths and fifteenths" tax levied on income from
movables or chattels became regular every year. 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 when the
king did not go.



	Teh Magna Carta is the first statute. 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 King's privy seal. The keeper of the privy
seal was established as a new office by Edward I in 1318. The wardrobe
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, and the Chancery, which
wrote royal writs, charters, and letters, and kept records.



	The chief functions of administration in the 1300s were performed by
the council, chancery, wardrobe, chamber [room off wardrobe for dressing
and for storage], and exchequer. Many of the chancellors had come from
the wardrobe and chamber. In time, the chancellor ceased to be a part of
the king's personal retinue and to follow the court. The chancery became
primarily a department of central administration rather than a
secretariat and record-keeping part of the royal household. The king
used a privy seal to issue directives to the chancery. Edward III made
some merchants earls and appointed them to be his ministers. He did not
summon anyone to his council who did not have the confidence of the
magnates [barons, earls, bishops, and abbots].



	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. Then there were broad movements of
prices, within which there were wide fluctuations, largely due to the
state of the harvest. From 1280 to 1290, there was runaway inflation. In
some places, both grain and livestock prices almost doubled between 1305
and 1310. Wheat prices peaked at 15s.5d. a quarter in the famine year of
1316. In 1338, prices dropped and remained low for twenty years. The
poor were hurt by high prices and the lords of the manors were hurt by
low prices.



	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.



	Edward I always sought the agreement of Parliament before assembling an
army or taking actions of war, and Parliamentary consent came to be
expected for such. He completed the conquest and annexation of Wales in
1284. 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. There had been much competition between
the strength of arrows to pierce and the heaviness of armor to resist.
Guns and cannon with gunpowder were introduced in 1338. A system to
raise an army by contract was developed. Contracts were made with
nobles, knights, or esquires who undertook to enlist an agreed number of
armored men-at-arms and archers, who were paid wages. The King provided
transport for each contractor and his retinue, baggage, and horses. The
title of "knight" now resumed its military character as well as being a
social rank.



	After Edward I died in 1307, there was a period of general lawlessness
and contests for power between earls and barons and the irresponsible
King Edward II, who was not a warrior king. He eventually was
assassinated. Also in 1307, Parliament required the king to obtain its
consent for any exchange or alteration of the currency.



	By 1319, the guilds of London had become so powerful that they
extracted a charter from the king that to be a citizen of London one had
to be a member of a guild.



	By 1326, scholars, the nobility, and the clergy had reading eyeglasses,
which had been invented in Italy, probably by the glass blowers. Italy
was famous for its glasswork. The first eyeglasses were fabricated by
pouring molten glass into curved molds. The actual shape was difficult
to control because thermal expansion and contraction resulted in bubbles
and other optical imperfections.



	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 were allowed by statute to come to live in the
nation, be granted franchises, and be in the King's protection. But no
cloth was to be exported until it was fulled. During the reign of 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. 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 weft thread from side to side through the warp. Also
many more weaving patterns became possible through the use of different
thread configurations on the frames.



	In 1341, the commons forced King Edward III and council to approve
their petition when Parliament was still in session so that they would
draft the legislation in true accordance with the petition. This had not
been done when drafting had been done after Parliament ended, when the
phrase "saving the prerogatives of the king" was often added. Also the
lords and commons consulted each other and joined in petitions. But they
usually stated their conclusions to the king separately. It was
considered a burden rather than a privilege to attend Parliament and
elections for such were not often contested. They were conducted
according to local custom until 1600.



	In 1348, the Commons voted a tax of 1/15 th on movables for three years
with the proviso that it be spent only on the war against Scotland. This
began the practice of appropriation of funds. In 1381, began the
practice of appointing treasurers of the subsidies to account to
Parliament for both receipts and disbursements.



	Alien merchants were under the king's special protection. In return for
paying extra import and export duties, Edward III gave alien merchants
full rights of trade, travel, and residence in England free of all local
tolls and restrictions, and guaranteed a fair hearing of their
commercial and criminal cases in special pie powder (after French "pie
poudrous" or dusty feet) courts at fairs.



                              - 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.



	"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 county]."



	"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 wainage [implements of agriculture], and that by his
peers."



	No distress shall be taken of ploughing-cattle or sheep.



	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, 21 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 the couple has 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.



	Young salmon shall not be taken from waters in the spring.



	The ecclesiastical law had a doctrine for women-covert, i.e. women
under the protection or coverture of a husband. It held that chattels of
a woman who married vested in her husband, but he could not dispose of
them by will. Her jewelry, but not her apparel, could go to his
creditors if his assets didn't cover his debts. If she was a merchant
when she married, she could still sell her goods in the open market. The
husband also had the right to the rents and profits from his wife's real
estate, but not the real estate itself, unless by the birth of a child
he became tenant for life by courtesy. Only the father, but not the
mother had authority over their children. A father had a right to his
child's services, and could sue a third party for abducting, enticing
away, or injuring the child, just as he could for his servants. A
husband was liable for the debts of his wife, even if incurred before
the marriage. He was answerable for her torts and trespasses, except for
battery. For this reason, he was allowed to chastise her, restrain her
liberty for gross misbehavior, and punish her by beating for some
misdemeanors. But the courts would protect her from death, serious
bodily harm, or his failure to supply her the necessities of life.
Promises under oath by married women were not recognized. A conveyance
or agreement of a married woman was void. These principles held only if
she was under the protection of her husband, i.e. a woman-covert, and
not if they lived separately, for instance if he went to sea. If
separated, she had a right to alimony from him to maintain herself.



	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. This was called a
fee simple conditional holding of land. 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 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. The donor could give directions that
an estate of inheritance go to a man or woman and certain classes of
particular heirs rather than reverting to himself. A fee tail was often
given to a man and the issue of his body. No donee or nor his heirs
could alienate the land held in fee tail.Interests in remainder or
reversion of estates in land replaced the lord's tenurial right to
succeed to land by escheat if his tenant dies without heirs.



	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 counties.)



	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 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 county 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 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
[intercepting goods before they reached the market and then reselling
them] or engrossing [buying a large supply of a commodity to drive up
the price] 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 these prices
were hard to enforce. In London examples of prices set are: best hen
3d.2q., best wild goose 4d., best hare 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 feme sole [single woman rather than a feme covert
[woman-covert], who was under the protection of a husband]. 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 [buying
in one market to resell in another market], 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 [found guilty] 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. Land may not be alienated to religious
bodies in such a way that it would cease to render its due service to
the King. (The church never died, never married, and never had
children.) The church shall send no money out of the nation. (This
statute of mortmain was neutralized by collusive lawsuits in which the
intended grantor would sue the intended grantee claiming superior title
and then would default, surrendering the land to the intended grantee by
court judgment.)



	"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. 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.



In Kent, all men are free and may give or sell their lands without
permission of their lords, as before the Conquest.



	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.



                          - 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 traveling justice 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 manorial 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 the king and his council in Parliament. It heard
the most important causes, important because they concern the king, or
because they concern very great men (e.g. treason), or because they
involve grave questions of public law, or because they are
unprecedented. It has large, indefinite powers and provides new remedies
for new wrongs. The office of great justiciar disappears and the
chancellor becomes the head of the council. After the council 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 King's Council maintained a
close connection with the Court of the King's Bench, which 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. The King's Council did a great deal of justice, for
the more part criminal justice. It was supported by the populace because
it dealt promptly and summarily with rebellion or some scandalous
acquittal of a notorious criminal by bribed or partial jurors, and
thereby prevented anarchy. Its procedure was to send for the accused and
compel him to answer upon oath written interrogatories. Affidavits were
then sworn upon both sides. With written depositions before them, the
Lords of the council, without any jury, acquit or convict. Fines and
imprisonments were meted out to rioters, conspirators, bribers, and
perjured jurors. No loss of life or limb occurred because there had been
no jury.



	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 assize then bifurcated into the grand jury of twelve
to twenty-four men and the petty jury or jury of verdict of twelve men,
which replaced ordeal, compurgation, and trial by combat as the method
of finding the truth. The men of the petty jury as well as those of the
grand jury were expected to know or to acquaint themselves with the
facts of the cases. The men of the petty jury tended to be the same men
who were on the grand jury.



	Felony included such crimes as homicide, arson, rape, robbery,
burglary, and larceny. Secret homicide was still murder. Burglary was an
offense committed in times of peace and consisted of breaking into
churches, houses, and into the walls and gates of villages and boroughs.
These six offenses could be prosecuted by indictment or private
accusation by an individual. The penalties involved loss of life or limb
or outlawry; a felon's goods were confiscated by the crown and his land
was forfeited to the crown for a year and a day, after which it
escheated to the felon's lord. The peace of the king now did not die
with the king, but renewed automatically without an interval before the
inauguration of a new king.



	Notorious felons who would not consent or put themselves on inquests
for felonies with which they were charged at royal courts were put in
strong and hard imprisonment to persuade them to accept trial by assize.
This inducement progressed into being loaded with heavy chains and
placed on the ground in the worst part of the prison and being fed a
only little water one day and a little bread the next. Sometimes pieces
of iron or stones were placed one another onto their prone bodies to
persuade them to plead. This then developed into being loaded with as
much iron as could be borne, and finally into being pressed to death
["peine forte et dure"]. Many of these men chose to die by this pressing
so that their families could inherit their property, which would have
been forfeited if they had been convicted of serious crimes.



	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 safekeeping 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.
against bailiffs of manors, a guardian in socage, and partners]. It also
heard estovers [right to use during a lease] of wood, profit by
gathering nuts, acorns, and other fruits in wood, corody [allowance of
food], yearly delivery of grain, toll, tunnage, passage, keeping of
parks, woods, forests, chases, warrens, gates, and other bailiwicks, and
offices in fee.



	The itinerant justices gradually ceased to perform administrative
duties on their journeys because landed society had objected to their
intrusiveness. Edward I substituted regular visitations of justices of
assize for the irregular journeys of the itinerant justices. Each one of
four circuits had two justices of assize. From about 1299, these
justices of assize heard cases of gaol delivery. Their jurisdiction
expanded to include serious criminal cases and breach of the king's
peace.



	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.



	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, after fighting with Edward and being rewarded with land,
during the conquest of Wales. He had plotted to kill the King. He was
found guilty of treason by Parliament and 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 was placed on the Tower of
London and his body sections were placed in public view at various other
locations in England. This came to be known as "hanging, drawing, and
quartering". Prior to this the penalty had been imprisonment, usually
followed by ransom.



	Trial by combat 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.
It came to be that 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 [covenant between a litigant and another for the other
to have a part or profit in the award in return for maintaining the
suit], conflict of interest by court officers taking part in a quarrel
pending in court or working any fraud whereby common right may be
delayed or disturbed. There had been many abuses, the most common of
which was extortion by sheriffs, who gaoled people without cause to make
them pay to be released. The 1275 prohibition of maintenance of a
quarrel of a party in court by a nonparty was extended in 1327 to all
persons, including the king's councilors and ministers, and great men,
e.g. by sending letters. In 1346, this prohibition specifically included
prelates, earls, barons taking in hand quarrels other than their own, or
maintaining them for gift, promise, amity, favor, doubt, or fear, in
disturbance of law and hindrance of right. The reason given was that
there had been persons disinherited, delayed or disturbed in their
rights, and not guilty persons convicted or otherwise oppressed. All
great men were required to put out of their service all maintainers who
had been retained, and void their fees and robes, without giving them
aid, favor, or comfort. This law was not obeyed.



	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, corruption, or jury
timidity, and especially when the powerful barons defied the courts. The
Chancery also sought to address causes which were impeded in their
regular course, which often involved assaults, batteries, and forcible
dispossessions.



	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".



	Ecclesiastical courts were successful in their competition with the
secular courts for jurisdiction over testamentary matters [concerning
wills] and succession [no will] to chattels.



	There were local courts of the vill, borough, manor, hundred, county,
sheriff, escheator, and royal bailiff, with overlapping jurisdictions.
The county court in its full session, that is, as it attended the
itinerant justices on their visitation, contained the archbishops,
bishops, priors, earls, barons, knights, and freeholders, and from each
township four men and the reeve, and from each borough twelve burgesses.
It was still the folkmote, the general assembly of the people. In 1293,
suitors who could not spend 40s. a year within their county were not
required to attend their county court.



	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, wounding or maiming of animals, and personal assaults and
brawls not amounting to felony. It met every three weeks. The sheriff
held his turn twice a year and viewed frankpledge once a year.



	When Edward I came to the throne, over half of the approximately 600
hundred courts had gone under the jurisdiction of a private lord owing
to royal charter, prescriptive right, and usurpation. The sheriff's
powers in these hundreds varied. In some, the sheriff had no right of
entry.



	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 would 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. Manor court law was not
technical, but elastic, and remedies could include injunctions, salary
attachment, and performance of acts. The steward holding the manor court
was often a lawyer.



	Some pleas in the manors of the abbey of Bec were:



1.  Hugh le Pee in mercy (fine, 12d.) for concealing a sheep for half a
year. Pledges, Simon of Newmere, John of Senholt



2.  William Ketelburn in mercy (fine, 13s.4d.) for divers trespasses.
Pledge, Henry Ketelburn.



3.  Hugh Derwin for pasture, 6d. Richard Hulle for divers trespasses,
12d. Henry Stanhard for pasture, 6d.



4.  William Derwin for a trespass, 6d.; pledge, William Sperling.



5.  Hugh Hall gives the lord 12d. that he may have the judgment of the
court as to a tenement and two acres of land, which he demands as of
right, so he says. And it being asserted that the said land is not
free[hold] let the court say its say. And the court says that the
tenement and one of the two acres are of servile condition and that the
other acre is of free condition. The case is reserved for the lord's
presence. Pledge, John Brian.



6.  John Palmer is put in seisin of his father's tenement and  gives the
lord 53s.4d. as entry money.



7.  William Ketelburn gives the lord 6s.8d. that he may be removed from
the office of reeve. Pledge, Robert Serjeant.



8.  William Frith for subtraction of work, 6d. John Reginald  for the
same, 6d. John of Senholt, 12d. William Ketelburn, 12d.



9.  For the common fine to be paid on S. Andrew's day, 100s.



10. It is presented by the chief pledges that Godfrey Serjeant has made
default; also that John le Pee has unlawfully thrown up a bank;
therefore let it be set to rights.



11. Robert Smith is put in seisin of his father's tenement and gives the
lord four pounds for entry money. Pledge, Robert Serjeant.



12. William Ketelburn for a trespass, 13s.4d.



13. William Fleming gives four pounds for leave to contract [marriage]
with widow Susan. Pledge, Richard Serjeant.



14. John Mabely gives the lord 3s. to have the judgment of twelve men as
to certain land whereof Noah deforces him; pledges, Richard Smith, Ralph
Bernard. The said jurors say     that Noah the Fat has right; therefore
etc.



15. Agnes Stampelove gives the lord 2s. for leave to come and go in the
vill but to dwell outside the lord's land. Pledge, Richard Smith.



16. Godfrey Tailor the younger for a trespass, 2s.



17. Whereas Godfrey Tailor the younger has demanded against Noah a
farthing land, now the action is compromised in manner following:
Godfrey for himself and his heirs remises to the said Noah and his heirs
all right and claim which he has or can have in the said farthing land
by reason of the gift made by his grandfather John Tailor.



18. Agnes Mabely is put in seisin of a farthing land which her mother
held, and gives the lord 33s.4d. for entry money. Pledges, Noah, William
Askil.



19. The full court declares that in case any woman shall have altogether
quitted the lord's domain and shall marry a freeman, she may return and
recover whatever right and claim she has in any land; but if she shall
be joined to a serf, then she cannot do this during the serf's lifetime,
but after his death she may. t



20. William Alice's son is put in seisin of a bakehouse in the King's
Street, and shall keep up the house at his own cost and gives 12d. for
entry money, and 10s. annual rent payable at three terms, viz. 3s.4d. at
Martinmas, 3s.4d. at Lady Day, 3s.4d. at Christmas. Pledges, Adam Clerk,
John Deboneir.



20. John son of Alma demands a cottage which Henry Fleming holds and
gives the lord 12d. for the oath and recognition of 12 men; pledge,
Richard Jordan. The jurors say that Henry Fleming has the better right.



21. Baldwin Cobbler's son finds [as pledges] Walter Cobbler, Roger of
Broadwater, Robert Linene, William Frances, that notwithstanding his
stay in London he will always make suit with his tithing and will at no
time claim any liberty contrary to the lord's will and will come to the
lord whenever the lord wills.



22. Simon Patrick gives the lord 12d. to have the judgment of the court
as to a cottage of which the widow of Geoffrey Dogers deforces him;
pledge, Simon of Strode. The said  jurors say that the said Simon has
the better right. And the said Simon remises and quitclaims all his
right to his sister Maud and her husband John Horin, [who] gives the
lord 10s. for entry money; pledges, Simon Patrick, John Talk.



23. Hugh Wiking for not making suit at the lord's mill, 12d.



24. It was presented that William Derwin and John Derwin (fine, 12d.)
committed a trespass against Agnes Dene, and the cry was raised,
therefore etc.



25. Hugh Churchyard contracted [marriage] without the lord's leave;
[fine] 12d.



26. Let Juliana Forester be distrained for her default, also William
Moor.



27. John Kulbel in mercy (fine, 12d.) for not producing Gregory Miller,
and he is commanded to produce him at the next court.



28. Hugh Andrew's son gives the lord 4s. for leave to marry; pledge,
Robert Serjeant.



29. Juliana Forester gives the lord 12d. in order that for the future no
occasion may be taken against her for neglect of suit of court.



30. John Franklain is put in seisin of his father's tenement and gives
the lord 20s. for entry; pledge, Robert Serjeant.



31. Henry Cross gives the lord 4s. for license to marry; pledge, Robert
Serjeant.



32. Isabella Warin gives the lord 4s. for leave to give her daughter
Mary in marriage; pledge, John Serjeant.



33. It is presented by the whole township that Ralph le War has
disseised the lord of a moiety of a hedge, whereas it had often been
adjudged by award of the court that the said hedge belongs as to one
moiety to the lord and as to the other to Ralph, and the said Ralph
claims and takes to his use the whole to the lord's damage etc. Also
they say that the said Ralph holds Overcolkescroft, which land by right
is the lord's.



34. It is presented by unanimous verdict of the whole court that if
anyone marries a woman who has right in any land according to the custom
of the manor and is seised thereof by the will of the lord, and the said
woman surrenders her right and her seisin into the hands of the lord and
her husband receives that right and seisin from the hands of the lord,
in such case the heirs of the woman are for ever barred from the said
land and the said right remains to the husband and his heirs. Therefore
let William Wood, whose case falls under this rule, hold his land in
manner aforesaid. And for the making of this inquest the said William
gives the lord 6s.8d.



35. The tenements of Lucy Mill are to be seized into the lord's hands
because of the adultery which she has committed and the bailiff is to
answer for them.



    The chief pledges present that Cristina daughter of Richard
Maleville has married at London without the lord's licence; therefore
let the said Richard be distrained. He has made fine with 12d. Also that
Alice Berde has done the same; therefore let her be distrained. Also
that Robert Fountain  has committed a trespass against William Gery;
therefore the said Robert is in mercy; pledge, Humfrey; fine, 6d. Also
that Richard Maleville has drawn blood from Stephen Gust; therefore he
is in mercy; fine, 2s.



36. Geoffrey Coterel in mercy for a battery; fine, 12d.; pledge, Adam
Serjeant. Geoffrey Coterel for trespass in the hay; fine, 6d.; pledge,
Alan Reaper. Hugh of Senholt in mercy for trespass in the green wood;
fine, 6d.



37. Hugh Wiking in mercy for delay in doing his works; fine, 6d. Hugh
Churchyard for trespass in [cutting] thorns; fine, 6d. Thomas Gold in
mercy for trespass in the wood; fine, 3d.; pledge, Robert Grinder.



38. William Dun in mercy for subtraction of his works due in autumn;
fine, 2s. Avice Isaac for the same, 6d.; Hugh Wiking  for the same, 6d.;
Agnes Rede in mercy for her daughter's trespass in the corn [grain], 6d.



39. Walter Ash in mercy for not making suit to the lord's mill; fine,
6d. Hugh Pinel in mercy for diverting a watercourse to the nuisance of
the neighbors; fine, 6d.; pledge, Robert Fresel.



40. John Dun in mercy for carrying off corn [grain] in the autumn;
pledge, Adam White. Alan Reaper gives the lord 12d. on account of a
sheep which was lost while in his custody.



41. Adam White in mercy for bad mowing; fine, 6d. Hugh Harding in mercy
for the same; fine, 6d.



42. The chief pledges present that Henry Blackstone (fine, 6d.), Hugh
Churchyard (fine, 18d.), Walter Ash (fine, 6d.), Henry of Locksbarow
(fine, 12d.), Avice Isaac (fine, 6d.), Richard Matthew (fine, 6d.), Hugh
Wiking (fine,--), Ralph Dene (fine, 6d.), John Palmer (fine, 12d.), John
Coterel (fine, 6d.), John Moor (fine, 6d.), John Cubbel (fine, 12d.),
Hugh Andrew (fine, 6d.), Philip Chapman (fine, 6d.), John Fellow (fine,
12d.), Robert Bailiff (fine, 6d.), Alice Squire (fine, 12d.), John
Grately (fine,--), Richard Hull (fine, 6d.), Osbert Reaper (fine, 6d.),
and Robert Cross (fine, 6d.), have broken the assize of beer. Also that
Henry of Senholt, Henry Brown, Hugh Hayward, Richard Moor, Juliana
Woodward, Alice Harding, Peronel Street, Eleanor Mead make default. Also
that Walter Ash (fine,--), John Wiking (fine,--), John Smart (fine,--),
and Henry Coterel have married themselves without the lord's licence;
therefore let them be distrained to do the will of the lord.



43. Alan Reaper for the trespass of his foal; fine, 6d.



44. Philip Chapman in mercy for refusing his gage to the lord's bailiff;
fine, 3d.



45. William Ash in mercy for trespass in the growing crop; fine, 6d.



46. John Iremonger in mercy for contempt; fine, 6d.



47. The chief pledges present that William of Ripley (fine, 6d.), Walter
Smith (no goods), Maud of Pasmere (fine, 6d.), have received [strangers]
contrary to the assize; therefore     they are in mercy.



48. Maud widow of Reginald of Challow has sufficiently proved that a
certain sheep valued at 8d. is hers, and binds herself to restore it or
its price in case it shall be demanded from her within year and day;
pledges, John Iremonger and John Robertd; and she gives the lord 3d. for
[his] custody [of it].



	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 or substandard goods, adulteration, selling
food unfit for human consumption, enhancing the price of goods, using
unlawful weighing beams, debts, theft, distraints, forgery, tavern
brawling, bullying, and gambling. Insulting or assaulting a city
dignitary was a very serious crime; an attack on the mayor was once
capitally punished. Sacrilege, rape, and burglary were punished by
death. Apart from the death penalty, the punishment meted out the most
was public exposure in the pillory, with some mark of ignominy slung
round the neck. If the crime was selling bad food, it was burnt under
the offender's nose. If it was sour wine, the offender was drenched in
it. Standing in the pillory for even one hour was very humiliating, and
by the end of the day, it was known throughout the city. The offender's
reputation was ruined. Some men died in the pillory of shame and
distress. A variation of the pillory was being dragged through the
streets on a hurdle. Prostitutes were carted through the streets in
coarse rough cloth hoods, with penitential crosses in their hands.
Scolds were exposed in a "thewe" for women. In more serious cases,
imprisonment for up to a year was added to the pillory. Mutilation was
rare, but there are cases of men losing their right hands for rescuing
prisoners. The death penalty was usually by hanging. The following four
London 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 till 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 inquiry 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 attorneys whose business it is to
appear on behalf of litigants is prominent in the nation. Attorneys are
now drawn from the knightly class of landed gentlemen, instead of
ecclesiastical orders. Since it was forbidden for ecclesiastics to act
as advocates in the secular courts, those who left the clergy to become
advocates adopted a close-fitting cap to hide their tonsures, which came
to be called a "coif". 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 will sometimes intervene as amicus
curiae [friends of the court]. Parliament refers difficult points of law
to them as well as to the justices. These reports became so
authoritative that they could be cited in the courts as precedent.
Groups of attorneys from the countryside who are appearing in London
courts during term-time and living in temporary lodgings start to form
guild-like fellowships and buy property where they dine and reside
together, called the Inns of Court. They begin to think of themselves as
belonging to a profession, with a feeling of responsibility for training
the novices who sat in court to learn court procedures and attorney
techniques. They invited these students to supper at the Inns of Court
for the purpose of arguing about the day's cases. The Inns of Court
evolved a scheme of legal education, which was oral and used
disputations. Thus they became educational institutions as well as clubs
for practicing attorneys. The call to the bar of an Inn was in effect a
degree. To be an attorney one had to be educated and certified at the
Inns of Court. They practice law full time. Some are employed by the
King. Justices come to be recruited from among those who had passed
their lives practicing law in court, instead of from the ecclesiastical
orders. All attorneys were brought under the control of the justices.



	There are two types of attorney: one attorney appears in the place of
his principal, who does not appear. The appointment of this 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 one
is the pleader-attorney, who accompanies his client to court and
advocates his position with his knowledge of the law and his
persuasiveness.



	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 justices 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.



                          - - - Chapter 9 - - -



                        - The Times: 1348-1399 -



	Waves of the black death, named for the black spots on the body, swept
over the nation. The black blotches were caused by extensive internal
bleeding. The plague was carried in the blood of black rats and
transmitted to humans by the bite of the rat flea, but this cause was
then unknown. The first wave of this plague, in 1348, lasted for three
years and desolated the nation by about one half the population 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 to
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. Legal and judicial, as well as
other public business weere interrupted by theplague and ceased for two
years. 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 seldom 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. In London, many tradesmen and
artisans formed parish fraternities which united people of all social
levels and women on almost equal terms with men, in communal devotion
and mutual support, such as help in resolving disputes, moral guidance,
money when needed, and burial and masses.



	Farm workers were so rare that they were able to demand wages at double
or triple the pre-plague rate. The pre-plague had been 4-6d. daily for
masons, carpenters, plasterers, and tilers and 3d. for their laborers.
These laborers could buy 12 cheap loaves, 3 gallons of ale, and a gallon
of cheap wine or half a pair of shoes. Prices did not go up nearly as
much as wages. Villeins relinquished their tenements, and deserted their
manors, to get better wages elsewhere. They became 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. In them, Robin Hood
is pure outlaw and does not contribute money to the poor. Nor does he
court Maid Marion.



	Villeins 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. A statute of laborers passed in
1351 for wages to be set at the pre-plague rates was ineffectual.
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.



	The Black Death visited again in 1361 and in 1369. The Black Death
reduced the population from about 5 million to about 2 1/2 million. It
was to rise to about 4 million by 1600.



	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 high poll tax, graduated from 20s. to 12d., that was to be
raised for a war with France, touched off a spontaneous riot all over
the nation in 1381. This tax included people not taxed before, such as
laborers, the village smith, and the village tiler. Each area had its
own specific grievances. There was no common political motive, except
maladministration in general.



	In this Peasants' Revolt, mobs overran the counties around London. The
upper classes fled to the woods. Written records of the servitude of
villeins were burned in their halls, which were also looted. Title deeds
of landlords were burned. Rate rolls of general taxation were destroyed.
Prisoners were released from gaols. Men connected with tax collection,
law enforcement, attorneys, and alien merchants were beheaded. The Chief
Justice was murdered while fleeing. The archbishop, who was a
notoriously exploitive landlord, the chancellor, and the treasurer were
murdered. Severed heads were posted on London Bridge. A mob took control
of the king's empty bedchamber in the Tower. The villeins demanded that
service to a lord be by agreement instead of by servitude, a commutation
of villein service for rents of a maximum 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 sokemen protested having to use the lord's mill and having to
attend his court.



	The revolt was suppressed and its leaders punished. The king issued
proclamations forbidding unauthorized gatherings and ordering tenants of
land to perform their customary services. The poll tax was dropped. For
the future, the duty to deal with rioting and vagrants was given to
royal justices, sheriffs, mayors, bailiffs, and constables as well as
the Justices of the Peace. There was a high Justice of the Peace 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 county 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
counties 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 about 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 lessee-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. Landlords preferred to
lease their land at will instead of for a term of years to prevent the
tenant from depleting the soil with a few richer crops during the last
years of his tenancy. The commutation of labor services into a money
payment developed into a general commutation of virtually all services.
Lords in need of money gladly sold manumissions to their villeins.



	The lord and lady of some manors now ate with their family and
entertained guests in a private parlor [from French word 'to speak"] or
great chamber, where they could converse and which had its own
fireplace. The great chamber was usually at the fireplace end of the
great hall, where there was a high table. The great hall had been too
noisy for conversation and now was little used. There were also separate
chambers or bed-sitting rooms for guests or members the family or
household, in which one slept, received visitors, played games, and
occasionally ate.



	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: livestock, 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, and rush
candles [used the pith of a rush reed for the wick]. Those who could not
afford rush candles could get a dim light by using a little grease in a
shallow container, with a few twisted strands of linen thread afloat in
it. The peasants ate dark bread and beans and drank water from springs.
Milk and cheese were a luxury for them. Those who could not afford bread
instead ate oat cakes made of pounded beans and bran, cheese, and
cabbage. They also had leeks, onions, and peas as vegetables. Some
farmers could afford to have a wooden four-posted bedstead, hens, geese,
pigs, a couple of cows, a couple of sheep, or two-plough oxen. July was
the month when the divide between rich and poor became most apparent.
The rich could survive on the contents of their barns, but the poor
tried to survive by grinding up the coarsest of wheat bran and shriveled
peas and beans to make some sort of bread. Grain and bread prices soared
during July. 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. Parliament was suspended during the
harvest.



	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 used only for baths came into use. There were drapery rugs hung
around beds, handheld mirrors of glass, and salt cellars. The first meal
of the day was a light breakfast, which broke the fast that had lasted
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. Children's sweets included gingerbread and
peppermint drops. Sheffield cutlery was world famous. 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. Cats
were the object of superstition, but there was an Ancient and Honorable
Order of the Men Who Stroke Cats.



	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.



	For water, most communities depended on rivers that ran near by or on
public wells that were dug to reach the water underground. Some towns
had water public water supply systems. Fresh water was brought into the
town from a spring or pond above the town by wood or lead pipes or open
conduits. Sometimes tree trunks were hollowed out and tapered at the
ends to fit into the funnel-shaped end of another. But they leaked a
lot. 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 latrines 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
latrines on the ground floor and/or the basement level.



	In London, the Goldsmiths, Merchant Taylors [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. The Goldsmiths, the Mercers, and the
Saddlers became in 1394 the first guilds to receive charters of
incorporation, which gave them perpetual existence. As such they could
hold land in "mortmain" [dead hand], thus depriving the king of rights
that came to him on the death of a tenant-in-chief. They were authorized
to bestow livery on their members and were called Livery Companies. The
liverymen [freemen] of the trading companies elected London's
representatives to Parliament.



	In all towns, the organization of craft associations spread rapidly
downwards through the trades. These associations 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 (made rope, canvas, and pitch) 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), fruitier, brewer, butcher, bird dealer, cook, apothecary
(sold potions 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, 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. It was a long
custom in London that freemen in one company could practice the trade of
another company. There were paint mills and saw mills replacing human
labor. There were apothecary shops and women surgeons. Women who earned
their own living by spinning were called "spinsters".



	Some prices in London were: a hen pastry 5d., a capon pastry 8d., a
roast pheasant 13d., a roast heron 18d., roast goose 7d., a hen 4d., a
capon 6d., three roast thrushes 2d., ten larks 3d., ten finches 1d, and
ten cooked eggs 1d.



	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
offenses 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 candlelight.



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 [sheepskin 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 horse dealers 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 horse dealers 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 halfpenny, 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. They were made of stone, tile, or plaster. There
were windows of glass and a guild of glaziers was chartered by the King.
A typical merchant's house had a cellar; a ground floor with a shop and
storage space; a first floor with a parlor to receive guests, a spacious
hall for dining, and perhaps a kitchen; and at the top, a large family
bedroom and a servant's room. Stairwells between floors had narrow and
winding steps. Many single-roomed houses added a second-floor room for
sleeping, which was approached by a wooden or stone staircase from the
outside. Their 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. There were many wood chips
in the streets due to cutting up of firewood before taking it indoors.
People often 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 no longer
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 shaft 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 and fraud, were 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 were punished by the
pillory and wearing a whetstone around one's neck. There was an
ordinance passed against prostitutes in 1351. London as well as other
port towns had not only prostitutes, but syphilis.



	Prominent Londoners sought to elevate their social position by having
their family marry into rural landholding families of position. For poor
boys with talent, the main routes for advancement were the church, the
law, and positions in great households.



	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. Alabaster was often used for sepulchral
monuments instead of metal or stone. With it, closer portraiture could
be achieved.



	In the 1300s and 1400s the London population suffered from
tuberculosis, typhus, influenza, leprosy, dysentery, smallpox,
diphtheria, measles, heart disease, fevers, coughs, cramps, catarrhs and
cataracts, scabs, boils, tumors, and "burning agues". There were also
many deaths by fires, burning by candles near straw beds when drunk,
falling downstairs when drunk, and drowning in the river or wells.
Children were often crushed by carts, trampled by horses, or mauled by
pigs.



	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:

[1] faithfully serve the people in undertaking their cures,

[2] take reasonably from them,

[3] faithfully follow their calling,

[4] present to the said mayor and aldermen the defaults of others
undertaking, so often as should be necessary,

[5] to be ready, at all times when they should be warned, to attend the
maimed or wounded and others,

[6] 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


[7] 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.



	After the plague, gentlemen no longer had their children learn to speak
Norman. The grammar schools taught in English instead of Norman as of
1362. Bishops began to preach in English. English became the official
language of Parliament, in 1363, and in the courts, replacing Norman and
Latin.



	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, with astronomical instruments that
students 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.



	A will in 1389 in which a wealthy citizen arranges for one son to
become an attorney 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."



	Most great lords were literate. Many stories described good men, who
set an example to be followed, and bad men, whose habits were to be
avoided. Stories were written about pilgrimage vacations of ordinary
people to religious sites in England. 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.
Marco Polo's book of discoveries on his journey to China was known.



	Geoffrey Chaucer was a squire and diplomat of the king. His "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, attorney, doctor, merchant, sailor,
franklin, yeoman, haberdasher, tapestry- maker, ploughman, cook, weaver,
dyer, upholsterer, miller, reeve, carpenter. There were Chaucer 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 by 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
schoolteacher, 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.



	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 attorneys, and the bad rule of King Richard II, who in
1377 succeeded Edward III. 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. The rate of maintenance for a student was
10d. weekly.



	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 the
new logic of Aristotle ("Prior and Posterior Analytics" e.g. on
syllogistic logic and deduction, the "Topics", or the "Sophistical
Refutations", e.g. logical fallacies such as from 'All A are B' to 'All
B are A'), and a selection from these Aristotle works on physics: "Of
Heaven and Earth", "On the Soul", "Of meteors", "Of Birth and Decay", or
"Of Feeling and What is Felt" with "Of Memory and Recollection" and "Of
Sleep and Waking", or "Of the Movement of Animals" with "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.



	Another source of legal learning was in London, where the guilds gave
rise to the Inns of Court. 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, and there was some feeling that it was a
sacrilege and dishonorable. 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. Paper
supplemented parchment, so there were more books.



	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. Merchant adventurers came to
manufacture cloth good enough for export and began to buy up raw wool in
such quantity that its export declined. They took their cloth abroad to
sell, personally or by agents.



	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.
Encouraged by the king, 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.



	Parliament met about twice a year and lasted from two weeks to several
months. There was a well-defined group of about fifty barons and a few
spiritual peers who were always summoned to Parliament and who composed
a House of Lords. "Peer" now meant a member of the House of Lords. All
peers had the right to approach the king with advice. The baron peers
reasoned that the custom of regular attendance was a right that should
be inherited by the eldest son, or by a female heir, if there were no
male heirs. However, the theory of nobility by blood as conveying
political privilege had no legal recognition. No female could attend
Parliament; the husband of a baroness attended Parliament in her stead.
Edward III and Richard II created new peers with various titles of
dignity, such as duke and marquess, which were above barons and earls.
The dukes and marquesses were identified with a territorial designation
such as an English county or county town. Whenever a Parliament was
assembled the commons were present. The commons was composed of
representatives from 100 boroughs and 37 counties. Each new Parliament
required an election of representatives. The members of the commons were
generally the most prominent and powerful economic and political figures
of the county and were repeatedly reelected. The electors were usually
influenced by the sheriff or a powerful lord who suggested suitable men.
The wealthy merchants typically represented the boroughs and paid much
of the taxes. Under Edward III, the commons took a leading part in the
granting of taxes and the presentation of petitions and became a
permanent and distinct body, the House of Commons, with a spokesman or
"speaker", chosen by the Crown, and a clerk. The speaker came to be an
intermediary between the Commons and the king and between the Commons
and the Lords. A clerk of Parliament registered its acts and sat with
the Lords. A clerk of the Crown superintended the issue of writs and the
receipt of the returns and attested the signature of the king on
statutes. It became a regular practice for the Chancellor to open
Parliament with an opportunity to present petitions after his opening
speech. The king then referred them to certain peers and justices, who
decided to which court, or Parliament, they should be sent. During the
1300s, the number of barons going to Parliament gradually decreased.



	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
financial malfeasance and dishonesty of two ministers. The chamberlain
had extorted enormous sums, had intercepted fines meant for the king's
treasury, and had sold a castle to the enemy. The steward had bought
debts of the king's. The House of Lords, the High Court of Parliament,
found the charges proved and dismissed them permanently from office.
This established the constitutional means for impeachment and
prosecution by the Commons and removal by the House of Lords of
ministers. By this process, there could be no royal intimidation, as
there could be in the ordinary courts. The Commons demanded that its
members be elected by county citizens rather than appointed by the
sheriff.



	The roles of Parliament and the King's council are starting to
differentiate into legislative and executive, respectively. The
legislative function is lawmaking, 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.



	Sheriffs dealt directly with the king instead of through an earl.



	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.



	To support a war with France, the staple was reinstated by statute of
1353 after an experiment without it in which profits of a staple went to
staples outside the nation. Wool exports were inspected for quality and
taxed through his officials only at the designated staple ports. These
officials included collectors, controllers, searchers [inspectors],
surveyors, clerks, weighers, and crane-keepers. 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
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. 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. The staple statute remained
basically unchanged for the next 200 years.



	Guns and cannon were common by 1372. In the 1300s and 1400s, the king
relied on mercenaries hired directly or by contract with his great
nobles for foreign wars. The King reimbursed the contractors with the
profits of war, such as the ransoms paid by the families of rich
prisoners. The fighting men supplemented their pay by plunder.
Featherbeds and blooded horses were favorite spoils of war brought back
to England from the continent. As new techniques with footmen came into
being, the footmen became the core of the army and the knightly
abilities of the feudal tenants-in-chief became less valuable.



	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, ten marks sterling [133s.] 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 sterling [67s.] 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 fleet 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 the port
of 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.



	English merchants may carry their merchandise in foreign ships if there
are no English ships available.



	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.



	Waterpower was replacing foot power in driving the mills where cloth
was cleaned and fulled.



	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.



	King Richard II, an irresponsible sovereign, asserted an absolute
supremacy of the king over Parliament and declared certain statutes
which he claimed to have been forced on him to be revoked. He interfered
with county elections of knights to Parliament by directing sheriffs to
return certain named persons. He wanted to dispense altogether with
Parliament and instead have a committee of representatives. He claimed
that the goods of his subjects were his own and illegally taxed the
counties. There were many disputes as to who should be his ministers.
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, or attempting to repeal a statute. When Henry Bolingbroke reported
to Parliament that another lord had cast doubt on the king's
trustworthiness, a duel between them was arranged. But Richard, probably
fearing the gain of power of the lord who won, instead exiled the two
lords. He took possession of the Lancaster estates to which Bolingbroke
was heir and forbade this inheritance. This made all propertied men
anxious and they united behind Bolingbroke in taking up arms against
Richard. Richard was not a warrior king and offered to resign the crown.
The "Merciless Parliament" of 1388 swept out Richard's friends.
Parliament deposed and imprisoned Richard. It revoked the extensions to
the definition of high treason. It elected Bolingbroke, who claimed to
be a descendant of Henry III, to be King Henry IV. This action
established clearly that royal decrees were subordinate to parliamentary
statutes, that Parliament was the ultimate legal arbiter of the realm,
and that the consent of Parliament was necessary in determining
kingship. The House of Commons became very powerful. It was responsible
for the major part of legislation. It's members began to assert the
privilege of free speech. That is, they wanted to discuss other matters
than what was on the king's agenda and they opposed punishment for what
they said unless it was treasonable. Henry IV agreed to their request
not to consider reports of proceedings unless they came to him through
official channels.



                              - The Law -



	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.



	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 else 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, quitclaim 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
trial by combat. 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 victualer 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.



	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, coverchiefs [an item of woman's
apparel], 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. Anyone may 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 may 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.



	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.



	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 squirrel] fur and stones, except
stones on the head. 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,
hare, rabbits, nor other gentlemen's game, upon pain of one year
imprisonment. (The rabbit had been introduced by the Normans.) This 1390
law was primarily intended to stop the meetings of laborers and
artificers.



	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 purveyor.



	Every man who has wood within the forest may take houseboot [right to
take wood for repair of one's house] and heyboot [right to take material
for the maintenance of hedges and fences, and the making of farming
utensils] in his wood without being arrested so long as it take such
within the view of the foresters.



	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 county 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.



                         - 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. Trespass included forcible offenses of breaking of
a fence enclosing private property, assault and battery, false
imprisonment, and taking away goods and chattels.



	The action of trespass was replacing private suits for murder and for
personal injury.



	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.



	A reversioner shall be received in court to defend his right when a
tenant for a term of life, tenant in dower, or by curtesy of the nation,
or in [Fee] 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 his 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.



	It was exceptional for the King to sit on the Court of the King's
Bench, which worked independently of the King.and became confined to the
established common law.



	Decisions of the common law courts are appealable to the House of
Lords. The king's council members who are not peers, in particular the
justices and the Masters of the Chancery, are summoned by the House of
Lords only as mere assistants. Parliament may change the common law by
statute. The right of a peer to be tried for capital crimes by a court
composed of his peers was established. There was a widespread belief
that all the peers are by right the king's councilors.



	No attorney may practice law and also be a justice of assize. No
justice may take any gift except from the king nor give counsel to any
litigant before him.



	In 1390, there was a statute against maintainers, instigators,
barretors, procurers, and embracers of quarrels and inquests because of
great and outrageous oppressions of parties in court. Because this
encouraged maintenance by the retinue of lords with fees, robes, and
other liveries, such maintainers were to be put out of their lords'
service, and could not be retained by another lord. No one was to give
livery to anyone else, except household members and those retained for
life for peace or for war. Justices of the Peace were authorized to
inquire about yeomen, or other of lower estate than squire, bearing
livery of any lord.



	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 before judges of the same by the course of law.



	The Chancery came to have a separate and independent equitable
jurisdiction. It heard petitions of misconduct of government officials
or of powerful oppressors, fraud, accident, abuse of trust, wardship of
infants, dower, and rent charges. Because the common law and its
procedures had become technical and rigid, the Chancery was given equity
jurisdiction by statute in 1285. King Edward III 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. In Chancery, if there is a case that is similar to a case for
which there is a writ, but is not in technical conformity with the
requirements of the common law for a remedy, then a new writ may be made
for that case by the Chancellor. These were called "actions on the
case". Also, Parliament may create new remedies. There were so many
cases that were similar to a case with no remedy specified in the common
law, that litigants were flowing into the Chancery. The Chancellor gave
swift and equitable relief, which was summary. With the backing of the
council, the Chancellor 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, cloth workers, smiths, innkeepers, and gaolers. 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. 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.



	Only barons who were peers of the House of Lords were entitled to trial
in the House of Lords. In practice, however, this pertained only to
major crimes.



	Treason was tried by the lords in Parliament, by bill of "attainder".
It was often used for political purposes. Most attainders were reversed
as a term of peace made between competing factions.



	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 [a division of a county] 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 door post 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 [panel]... 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, 'crier', 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."



	A law of equity began to be developed from decisions by the Chancellor
in his court of conscience from around 1370. One such case was that of
Godwyne v. Profyt sometime after 1393. This petition was made to the
Chancellor: To the most reverend Father in God, and most gracious Lord,
the bishop of Exeter, Chancellor of England. Thomas Godwyne and Joan his
wife, late wife of Peter at More of Southwerk, most humbly beseech that,
whereas at Michaelmas in the 17th year of our most excellent lord King
Richard who now is, the said Peter at More in his lifetime enfeoffed
Thomas Profyt parson of St. George's church Southwerk, Richard Saundre,
and John Denewey, in a tenement with the appurtenances situated in
Southwerk and 24 acres of land 6 acres of meadow in the said parish of
St. George and in the parish of our Lady of Newington, on the conditions
following, to wit, that the said three feoffees should, immediately
after the death of the said Peter, enfeoff the said Joan in all the said
lands and tenements with all their appurtenances for the life of the
said Joan, with remainder after her decease to one Nicholas at More,
brother of the said Peter, to hold to him and the heirs of his body
begotten, and for default of issue, then to be sold by four worthy
people of the said parish, and the money to be received for the same to
be given to Holy Church for his soul; whereupon the said Peter died. And
after his death two of the said feoffees, Richard and John, by the
procurement of one John Solas, released all their estate in the said
lands and tenements to the said Thomas Profyt, on the said conditions,
out of the great trust that they had in the said Thomas Profyt, who was
their confessor, that he would perform the will of the said Peter [at
More] in the form aforesaid; and this well and lawfully to do the said
Thomas Profyt swore on his Verbum Dei and to perform the said conditions
on all points. And since the release was so made, the said Thomas
Profyt, through the scheming and false covin of the said John Solas, has
sold all the lands and tenements aforesaid to the same John Solas for
ever. And the said John Solas is bound to the said Thomas Profyt in 100
pounds by a bond to make defense of the said lands and tenements by the
bribery and maintenance against every one; and so by their false
interpretation and conspiracy the said Joan, Nicholas, and Holy Church
are like to be disinherited and put out of their estate and right, as is
abovesaid, for ever, tortiously, against the said conditions, and
contrary to the will of the said Peter [at More]. May it please your
most righteous Lordship to command the said Thomas Profyt, Richard
Saundre, and John Denewy to come before you, and to examine them to tell
the truth of all the said matter, so that the said Joan, who has not the
wherewithal to live, may have her right in the said lands and tenements,
as by the examination before you, most gracious Lord, shall be found and
proved; for God and in way of holy charity.



                         - - - 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 over the
throne in England. The ongoing border fights with Wales and Scotland
were fought by England's feudal army. But for fighting in France, the
king paid barons and earls to raise their own fighting forces. When they
returned to England, they fought to put their candidate on its throne,
which had been unsteady since its usurpation by Henry IV. 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. In the system of "livery and maintenance", if the retainer was
harassed by the law or by enemies, the lord protected him. The liveries
became the badges of the factions engaged in the War of the Roses. The
white rose was worn by the supporters of the house of York, and the red
rose by supporters of the house of Lancaster. Great lords fought each
other for property and made forcible entries usurping private property.
Nobles employed men who had returned from fighting in war to use their
fighting skill in local defense.Henry IV was the last true warrior king.



	In both wars, the musket was used as well as the longbow. To use it,
powder was put into the barrel, then a ball rammed down the barrel with
a rod, and then the powder lit by a hot rod held with one hand while the
other hand was used to aim the musket. 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. But townspeople did not take part in the fighting.



	Since the power of the throne changed from one faction to another,
political and personal vindictiveness gave rise to many bills of
attainder that resulted in lords being beheaded and losing their lands
to the King. However, these were done by the form of law; there were no
secret executions in England. Families engaged in blood feuds. Roving
bands ravaged the country, plundering the people, holding the forests,
and robbing collectors of Crown revenue. Some men made a living by
fighting for others in quarrels. Individual life and property were
insecure. Whole districts were in a permanent alarm of riot and robbery.
The roads were not safe. There was fighting between lords and gangs of
ruffians holding the roads, breaking into and seizing manor houses, and
openly committing murders.



	Peace was never well-kept nor was law ever well-executed, though
fighting was suspended by agreement during the harvest. Local
administration was paralyzed by party faction or lodged in some great
lord or some clique of courtiers. The elections of members to Parliament
was interfered with and Parliament was rarely held. Barons and earls
fought their disputes in the field rather than in the royal courts.
Litigation was expensive, so 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. Many Justices of the Peace wore
liveries of magnates and accepted money from 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.



	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 hare-ferreting. She was nurse to all around her. If her
husband died, she usually continued to manage the household because most
men named their wife as executor of their will with full power to act as
she thought best. The wives of barons shared their right of immunity
from arrest by the processes of common law and to be tried by their
peers.



	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 or corset of stout linen reinforced by stiff
leather or even iron. Her skirt was provocatively slit from knee to
ankle. 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, steeples, or long
cones. Men also wore 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 and hips were covered with hosen, often in different colors.
Codpieces worn between the legs emphasized the sensuality of the age as
did ladies' tight and low- cut gowns. Men's shoes were pointed with
upward pikes at the toes that impeded walking. At another time, their
shoes were broad with blunt toes. Both men and women wore much jewelry
and ornamentation. But, despite the fancy dress, the overall mood was a
macabre preoccupation with mortality, despair, and a lack of confidence
in the future. Cannon and mercenaries had reduced the military
significance of knighthood, so its chivalric code deteriorated into
surface politeness, ostentation, and extravagance.



	Master and servants ceased to eat together in the same hall, except for
great occasions, on feast days, and for plays. The lord, and his lady,
family, and guests took their meals in a great chamber, usually up
beneath the roof next to the upper floor of the great hall. The
chimney-pieces and windows were often richly decorated with paneled
stonework, tracery and carving. There was often a bay or oriel window
with still expensive glass. Tapestries, damask, and tablecloths covered
the tables. The standard number of meals was three: breakfast, dinner,
and supper. There was much formality and ceremonial ritual, more
elaborate than before, during dinners at manorial households, including
processions bringing and serving courses, and bowing, kneeling, and
curtseying. There were many courses of a variety of meats, fish, stews,
and soups, with a variety of spices and elaborately cooked. Barons,
knights, and their ladies sat to the right of the lord above the salt
and were served by the lord's sewer [served the food] and carver and
gentlemen waiters; their social inferiors such as "gentlemen of worship"
sat below the salt and were served by another sewer and yeomen. The
lord's cupbearer looked after the lord alone. A knights’ table was
waited on by yeomen. The gentlemen officers, gentlemen servants and
yeomen officers were waited on by their own servants. The amount of food
dished out to each person varied according to his rank. The almoner said
grace and distributed the leftovers to the poor gathered at the gate.
The superior people's hands were washed by their inferiors. Lastly, the
trestle tables were removed while sweet wine and spices were consumed
standing. Then the musicians were called into the hall and dancing
began. The lord usually slept in a great bed in this room.



	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, attorneys, 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. In towns these mansions
were entered through a gate through a row of shops on the
street.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. 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 latrine area. 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 beds
that were surrounded by heavy draperies to keep out cold drafts. The
beds had pillows, blankets, and sheets. Clothes were stored in a chest,
sometimes with sweet-smelling herbs such as lavender, rosemary, and
southernwood. 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. Often a footman
walked or ran on foot next to his master or mistress when they rode out
on horseback or in a carriage. He was there primarily for prestige.



	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 cloth workers.



	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
haymaking. 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-baiters. 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 freeman lessened but landlords
usually still had profits of villein bondage, such as heriot, merchet,
and chevage.



	Social mobility was most possible in the towns, where distinctions were
usually only of wealth. So a poor apprentice could aspire to become a
master, a member of the livery of his company, a member of the council,
an alderman, a mayor, and then an esquire for life. The distance between
baron and a country knight and between a yeoman and knight was wider.
Manor custom was strong. But a yeoman could give his sons a chance to
become gentlemen by entering them in a trade in a town, sending them to
university, or to war. Every freeman was to some extent a soldier, and
to some extent a lawyer, serving in the county or borough courts. A
burgess, with his workshop or warehouse, was trained in warlike
exercises, and he could keep his own accounts, and make his own will and
other legal documents, with the aid of a scrivener or a chaplain, who
could supply an outline of form. But law was growing as a profession.
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 attorneys.



	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 middlemen for employment and
the amount of their wages. When 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 artificers
in the town and the cottagers and laborers in the country lived from
hand to mouth, on the edge of survival, but better off than the old, the
diseased, the widows, and the orphans. However, the 1400s were the most
prosperous time for laborers considering their wages and the prices of
food. Meat and poultry were plentiful and grain prices low.



	In London, shopkeepers appealed to passersby 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, blankets, bed draperies, 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, potions, unguents, soap,
confections, garlic, cabbages, onions, apples, oranges, almonds, figs,
dates, raisins, dyestuffs, woad, madder (plant for medicine and dye),
scarlet grains, saffron, iron, and a primitive 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.



	London 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. In
1410, the Guildhall of London was built through contributions, proceeds
of fines, and lastly, to finish it, special fees imposed on
apprenticeships, deeds, wills, and letters-patent. 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 of the
hill 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. No work was to be done on Sundays, but some did work
surreptitiously. The barbers kept their shops open in defiance of the
church. Outside the London city walls were tenements, the 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.
A climate change of about 1 1/2 degree Celcius lower caused the Thames
to regularly freeze over in winter.



	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. Local reputation on general, depended upon a combination of
wealth, trustworthiness of character, and public spirit; it rose and
fell with business success. Some London merchants were knighted by the
King. Many bought country estates thereby turning themselves into
gentry.



	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. With this power, London had obtained all the
essential features of a corporation: a seal, the right to make by-laws,
the power to purchase lands and hold them "to them and their successors"
(not simply their heirs, which is an individual and hereditary
succession only), the power to sue and be sued in its own name, and the
perpetual succession implied in the power of filling up vacancies by
election. Since these powers were not granted by charters, London is a
corporation by prescription. In 1446, the liverymen obtained the right
with the council to elect the mayor, the sheriff, and certain other
corporate officers.



	Many boroughs sought and obtained formal incorporation with the same
essential features as London. This tied up the loose language of their
early charters of liberties. 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. 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 [a messenger of a court], aletasters,
sealers, searchers [inspectors], weighers and keepers of the market,
ferrymen and porters, clock-keepers and criers [cries out public
announcements through the streets], 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. The mayor replaced the bailiffs as the chief
magistracy.



	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, and many began to intermarry with
the country knights and gentry. 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 scot and bore lot, and belonged
to guilds. Scot was a ratable proportion in the payments levied from the
town for local or national purposes. Merchant guilds in some towns
merged their existence into the town corporation, and their guild halls
became the common halls of the town, and their property became town
property.



	In London, the Cutlers' Company was chartered in 1415, the
Haberdashers' Company in 1417, the Grocers' Company in 1428, the
Drapers' and Cordwainers' companies in 1429, the Vintners' and Brewers'
companies in 1437, the Leathersellers' Company in 1444, the Girdlers'
Company in 1448, the Armourers' and Brassiers' companies in 1453, the
Barbers' Company in 1461, the Tallow Chandlers' Company in 1462, the
Ironmongers' Company in 1464, the Dyers' Company in 1471, the Musicians'
Company in 1472, the Carpenters' Company in 1477, the Cooks' Company in
1481, and the Waxchandlers' Company in 1483. The Fishmongers, which had
been chartered in 1399, were incorporated in 1433, the Cordwainers in
1439, and the Pewterers in 1468.



	There were craft guilds in the towns, at least 65 in London. In fact,
every London 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.
There was much overlapping in the two forms of association: the craft
guild and the religious fraternity. Apprentices were taken in to assure
an adequate supply of competent workers for the future. The standard
indenture of an apprentice bound him to live in his master's house;
serve him diligently; obey reasonable commands; keep his master's
secrets; protect him from injury; abstain from dice, cards and haunting
of taverns; not marry; commit no fornication, and not absent himself
without permission. In return the master undertook to provide the boy or
girl with bed, board, and lodging and to instruct him or her in the
trade, craft, or mystery. 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.



	Occupations free of guild restrictions included horse dealers,
marbelers, bookbinders, jewelers, organ makers, feathermongers, pie
makers, basket makers, mirrorers, quilters, and parchment makers.
Non-citizens of London could not be prevented from selling leather,
metalwares, hay, meat, fruit, vegetables, butter, cheese, poultry, and
fish from their boats, though they had to sell in the morning and sell
all their goods before the market closed.



	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 gaol 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, especially debtors. Wills
often left one-third of the wealth to the church, the poor, prisoners,
infirmaries, young girls' education; road, wall, and bridge repair;
water supply, markets and almshouses. Some infirmaries were for the
insane, who were generally thought to be possessed by the devil or
demons. Their treatment was usually by scourging the demons out of their
body by flogging. If this didn't work, torture could be used to drive
the demons from the body.



	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 cloth exporters, who were mostly mercers, were unregulated and
banded together for mutual support and protection under the name of
Merchant Adventurers of London. The Merchant Adventurers was chartered
in 1407. It was the first and a prototype of regulated companies. That
is the company regulated the trade. Each merchant could ship on his own
a certain number of cloths each year, the number depending on the length
of his membership in the company. He could sell them himself or by his
factor at the place where the company had privileges of market. Strict
rules governed the conduct of each member. He was to make sales only at
certain hours on specified days. All disagreements were to be settled by
the company's governor, or his deputy in residence, and those officials
dealt with such disputes as arose between members of the company and
continental officials and buyers. A share in the ownership of one of
their vessels was a common form of investment by prosperous merchants.
By 1450, the merchant adventurers 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, potions, 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.



	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 cleaned and repaired the
streets, filling up potholes with wood chips and compacting them with
hand rams. The paviors 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 residents were to light these candle
lanterns in winter from dusk to the 9 p.m. curfew. 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. In 1480 the city walls were rebuilt with a weekly
tax of 5d. per head.



	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. Every
cathedral, monastery, and college had a grammar school. 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. Sometimes girls were sent to live in another
house to receive education from a tutor there under the supervision of
the lady of the house. Every man, free or villein, could send his sons
and daughters to school. In every village, there were some who could
read and write.



	In 1428, Lincoln's Inn required barristers normally resident in London
and the county of Middlesex to remain in residence and pay commons
during the periods between sessions of court and during vacations, so
that the formal education of students would be continuous. In 1442, a
similar requirement was extended to all members.



	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 Cuckoo and the
Nightengale", and "The Flower and Leaf" on morality as secular common
sense. King James I of Scotland wrote a book about how he fell in love.
Chaucer, Cicero, Ovid, and Aesops's Fables 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. There were religious folk ballads such as "The Cherry Tree
Carol", about the command of Jesus from Mary's womb for a cherry tree to
bend down so that Mary could have some cherries from it. 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 Londoners could read English. Books were bought in London
in such quantities by 1403 that the craft organizations of text-letter
writers, illuminators, bookbinders, 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."



	Gutenberg's printing press, which used movable type of small blocks
with letters on them, 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 convex eyeglasses for reading and concave ones for
distance to correct near-sightedness. The first public library in London
was established from a bequest in a will in 1423.



	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, as were town miracle plays on leading incidents of the Bible
and morality plays. Vintners portrayed the miracle of Cana where water
was turned into wine and Goldsmiths ornately dressed the three Kings
coming from the east. In York, the building of Noah's Ark was performed
by the Shipwrights and the Flood performed by the Fishery and Mariners.
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. In London,
Christmas was celebrated with masques and mummings. There was a great
tree in the main market place and evergreen decorations in churches,
houses, and streets. There were also games, dances, street bonfires in
front of building doors, and general relaxation of social controls.
Sometimes there was drunken licentiousness and revelry, with peasants
gathering together to make demands of lords for the best of his goods.
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.



	People turned to mysticism to escape from the everyday violent world.
They read works of mystics, such as "Scale of Perfection" and "Cloud of
Unknowing", the latter describing how one may better know God. They
believed in magic and sorcery, but had no religious enthusiasm because
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 reputation. The monks became 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. There were numerous
chaplains, who were ordained because they received pay from private
persons for saying masses for the dead; They had much leisure time for
mischief because they had to forego wife and family. Church courts
became corrupt, but jealously guarded their jurisdiction from temporal
court encroachment. Peter's Pence was no longer paid by the people, so
the burden of papal exaction fell wholly on the clergy. But the church
was rich and powerful, paying almost a third of the whole taxation of
the nation and forming a majority in the House of Lords. Many families
had kinsmen in the clergy. Even the lowest cleric or clerk could read
and write in Latin.



	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 clocks driven by a descending weight on a
cord were in all towns and in the halls of the well-to-do. This
increased the sense of punctuality and lifted standards of efficiency.
These weight-driven clocks replaced water clocks, which had a problem of
water freezing, and sandclocks, which could measure only small time
intervals.



	A linguistic unity and national pride was developing. London English
became the norm and predominated over rural dialects. 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. News also
came from peddlers, who visited villages and farms to sell items that
could not be bought in the local village. These often included scissors,
eyeglasses, colored handkerchiefs, calendars, fancy leather goods,
watches, and clocks. Peddling was fairly profitable because of the lack
of competition. But peddlers were often viewed as tramps and suspected
of engaging in robbery as well as peddling.



	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, which took altitude of sun and stars, was
used for navigation.



	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. Henry V issued the orders that formed the basic law of
English admiralty and appointed surgeons to the navy and army.



	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.
>From about 1413, tunnage on wine [tax per tun] and poundage [tax per
pound] on merchandise were duties on goods of merchants which were
regularly granted by Parliament to the king for life for upkeep of the
Navy. Before this time, such duties had been sporadic and temporary.



	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. The plague swept London in
1467 and the nation in 1407, 1445, and 1471. Leprosy disappeared.



	Infirmaries 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 their souls beyond Purgatory. Chantries were built by wealthy men
for this purpose.



Chemical experimentation was still thought to be akin to sorcery, so was
forbidden by King Henry IV in 1404.



Gold was minted into coins: noble, half noble, and farthing.



	King Henry IV lost power to the Commons and the Lords because he needed
revenue from taxes and as a usurper King, he did not carry the natural
authority of a King. The Commons acquired the right to elect its own
speaker. The lords who helped the usurpation felt they should share the
natural power of the kingship. The council became the instrument of the
Lords. Also, the Commons gained power compared to the nobility because
many nobles had died in war. The consent of the Commons to legislation
became so usual that the justices declared that it was necessary. The
Commons began to see itself as representative of the entire commons of
the realm instead of just their own counties. Its members had the
freedom to consider and debate every matter of public interest, foreign
or domestic, except for church matters. The Commons, the poorest of the
three estates, established an exclusive right to originate all money
grants to the king in 1407. The Speaker of the Commons announced its
money grant to the king only on the last day of the parliamentary
session, after the answers to its petitions had been declared, and after
the Lords had agreed to the money grant. It tied its grants by rule
rather than just practice to certain appropriations. For instance,
tunnage 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 after consideration and amendment by all without
alteration. Each house had a right to deliberate in privacy. In the
Commons, members spoke in the order in which they stood up bareheaded.
Any member of Parliament or either house or the king could initiate a
bill. Both houses had the power to amend or reject a bill. There were
conferences between select committees of both houses to settle their
differences. The Commons required the appointment of auditors to audit
the King's accounts to ensure past grants had been spent according to
their purpose. It forced the King's council appointees to be approved by
Parliament and to be paid salaries. About 1430, kings' councilors were
required to take an oath not to accept gifts of land, not to maintain
private suits, not to reveal secrets, and not to neglect the king’s
business. A quorum was fixed and rules made for removal from the
council. For the next fifty years, the council was responsible both to
the king and to Parliament. 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]. Parliament
was affected by the factionalism of the times. The speaker of the
commons was often an officer of some great lord. In 1426, the retainers
of the barons in Parliament were forbidden to bear arms, so they
appeared with clubs on their shoulders. When the clubs were forbidden,
they came with stones concealed in their clothing.



	Kings created dukes and marquesses to be peers. A duke was given
creation money or allowance of 40 pounds a year. A marquess was given 35
pounds. These new positions could not descend to an heiress, unlike a
barony or earldom. An earl was given 20 pounds, which probably took the
place of his one-third from the county. King Henry VI gave the title of
viscount to several people; it had an allowance of 13.3 pounds and was
above baron. It allowed them to be peers. There were about 55 peers. In
King Edward IV's reign, the king's retinue had about 16 knights, 160
squires, 240 yeomen, clerks, grooms, and stablemen. The suitable annual
expense of the household of the king was 13,000 pounds for his retinue
of about 516 people, a duke 4,000 pounds for about 230 people, a
marquess 3,000 pounds for about 224 people, an earl 2,000 pounds for
about 130 people, a viscount 1,000 pounds for about 84 people, a baron
500 pounds for about 26 people, a banneret [a knight made in the field,
who had a banner] 200 pounds for about 24 people, a knight bachelor 100
pounds for about 16 people, and a squire 50 pounds for about 16 people.
Of a squire's 50 pounds, about 25 pounds were spent in food, repairs and
furniture 5, on horses, hay, and carriage 4, on clothes, alms and
oblations 4, wages 9, livery of dress 3, and the rest on hounds and the
charges of harvest and hay time. Many servants of the household of the
country gentleman were poor relations. They might by education and
accomplishment rise into the service of a baron who could take him to
court, where he could make his fortune.



	Barons' households also included steward, chaplains, treasurer,
accountants, chamberlain, carvers, servers, cupbearers, pages, and even
chancellor. They were given wages and clothing allowances and had meals
in the hall at tables according to their degree.



	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.
Edward IV made the household office of secretary, who had custody the
king's signet seal, a public office. The secretary was generally a
member of the council. Edward IV invented the benevolence, a gift wrung
from wealthy subjects.



	King Edward IV introduced an elaborate spy system, the use of the rack
to torture people to give information, and other interferences with
justice, all of which the Tudor sovereigns later used. Torture was used
to discover facts, especially about coconspirators, rather than to
elicit a confession, as on the continent. It was only used on prisoners
held in the Tower of London involved in state trials and could only be
authorized by the king's closest councilors in virtue of the royal
prerogative. The rack stretched the supine body by the wrists and legs
with increasing agony at the joints until the limbs were dislocated.
Some victims were permanently crippled by it; others died on it. Most
told what they knew, often at the very sight of the rack. Torture was
forbidden in the common law, which favored an accusatorial system, in
which the accuser had to prove guilt, rather than an inquisitional
system, in which the accused had to prove innocence. Edward IV applied
martial law to ordinary cases of high treason by extending the
jurisdiction of the politically- appointed High Constable of England to
these cases, thus depriving the accused of trial by jury. He executed
many for treason and never restored their forfeited land to their
families, as had been the usual practice.



	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 after the justices arrived 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.



	By common law, a tenant could not take away buildings or fixtures he
built on land because it would be wasteful. This applied to agricultural
fixtures, but not to other trade fixtures. Also at common law, if a
person had enjoyed light next to his property for at least 20 years, no
one could build up the adjacent land so that the light would be blocked.



	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, the penalty for which is 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 and drink or 5d. without; master tiler or
slater, rough mason, and mesne [intermediary] 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.This was
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 [gambling and]
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 800s. 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.



	To prevent deceitful tanning, cordwainers shall not tan leather.
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, except 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 county 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 is to be
by majority of the votes and its results will be sealed and sent to
Parliament.



	Electors and electees to Parliament must reside in the county or be
citizens or burgesses of a borough. To be an elector to Parliament, a
knight must reside in the county and have a freehold of land or
tenements there of the value of at least 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 electors and every
leaseholder and every copyholder were now excluded. Those elected for
Parliament were still gentry chosen by substantial freeholders.)



	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 justice 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;
inheritance and alienation of land. 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 reenter, 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
[undivided], 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, ..."



	There are legal maxims and customs of ancient origin which have become
well established and known though not written down as statutes. Some
delineated by Christopher St. Germain in "Doctor and Student" in 1518
are:



1.  The spouse of a deceased person takes all personal and real chattels
of the deceased.



2.  For inheritance of land, if there are no descendant children, the
brothers and sisters take alike, and if there are none, the next blood
kin of the whole blood take, and if none, the land escheats to the lord.
Land may never ascend from a son to his father or mother.



3.  A child born before espousals is a bastard and may not inherit, even
if his father is the husband.



4.  If a middle brother purchases lands in fee and dies without heirs of
his body, his eldest brother takes his lands and not the younger
brother. The next possible heir in line is the younger brother, and the
next after him, the father's brother.



5.  For lands held in socage, if the heir is under 14, the next friend
to the heir, to whom inheritance may not descend, shall have the ward of
his body and lands until the heir is 14, at which time the heir may
enter.



6.  For lands held by knight's service, if the heir is under 14, then
the lord shall have the ward and marriage of the heir until the heir is
21, if male, or 14 (changed to 16 in 1285), if female. When of age, the
heir shall pay relief.



7.  A lease for a term of years is a real chattel rather than a free
tenement, and may pass without livery of seisin.



8.  He who has possession of land, though it is by disseisin, has right
against all men but against him who has right.



9.  If a tenant is past due his rent, the lord may distrain his beasts
which are on the land.



10.  All birds, fowls, and wild beasts of the forest and warren are
excepted out of the law and custom of property. No property may be had
of them unless they are tame. However, the eggs of hawks and herons and
the like belong to the man whose land they are on.



11. 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.



12. 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 the law died  without heir.



13. A man declared outlaw forfeits his profits from land and his goods
to the King.



14. He who is arraigned upon an indictment of felony shall be admitted,
in favor of life, to challenge thirty-five inquirers (three whole
inquests would have thirty-six) peremptorily. With cause, he may
challenge as many as he has cause to challenge if he can prove it. Such
peremptory challenge shall not be admitted in a private suit.



15. An accessory shall not be put to answer before the principal.



16. If a man commands another to commit a trespass, and he does it, the
one who made the command is a trespasser.



17. 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.



18. 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.



19. If two titles are concurrent together, the oldest title shall be
preferred.



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 the demandant or plaintiff, hanging his writ (writ pending in
court), will enter into the thing demanded, his writ shall abate.



22. 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.



23. The king may disseise no man and no man may disseise the king, nor
pull any reversion or remainder out of him.



                         - Judicial Procedure -



	The prohibition against maintenance was given penalties in 1406 of
100s. per person for a knight or lower giving livery of cloth or hats,
and of 40s. for the receiver of such. A person who brought such suit to
court was to be given half the penalty. The Justices of Assize and
King's Bench were authorized to inquire about such practices. The
statute explicitly included ladies and any writing, oath, or promise as
well as indenture. Excepted were guilds, fraternities, and craftsmen of
cities and boroughs which were founded on a good purpose; universities;
the mayor and sheriffs of London; and also lords, knights, and esquires
in time of war. A penalty of one year in prison without bail was given.
In 1468, there was a penalty of 100s. per livery to the giver of such,
100s. per month to the retainer or taker of such, and 100s. per month to
the person retained. Still this law was seldom obeyed.



	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 oath-helping 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. 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. Since
there was no requirement of legal knowledge for a Justice of the Peace,
many referred to the "Boke of the Justice of the Peas" compiled about
1422 for them to use. 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 justices 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. These
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 had estates of fee simple, fee tail, or
freehold in lands and tenements, which were 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.



	In criminal cases, there were many complaints made that the same men
being on the grand assize and petty assize was unfair because
prejudicial. So it became possible for a defendant to challenge an
indictor for cause before the indictor was put on the petty assize. Then
the petty assize came to be drawn from the country at large and was a
true petty or trial jury. Jurors were separated from witnesses.



	Justices of the Peace were to have lands worth 267s. yearly, because
those with less had 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.



	Impeachment was replaced with bill of attainder during the swift
succession of parliaments during the civil war. This was a more rapid
and efficient technique of bringing down unpopular ministers or
political foes. There was no introduction of evidence, nor opportunity
for the person accused to defend himself, nor any court procedure, as
there was with impeachment.



	An example of a case of common law decided by Court of King's Bench is
Russell's Case (1482) as follows:



In the king's bench one Thomas Russell and Alice his wife brought a writ
of trespass for goods taken from Alice while she was single. The
defendant appeared and pleaded not guilty but was found guilty by a jury
at nisi prius, which assessed the damages at 20 pounds. Before the case
was next to be heard in the King's Court an injunction issued out of the
Chancery to the plaintiffs not to proceed to judgment, on pain of 100
pounds, and for a long time judgment was not asked for. Then Hussey
CJKB. asked Spelman and Fincham, who appeared for the plaintiff if they
wanted to ask for judgment according to the verdict. Fincham [P]: We
would ask for judgment, except for fear of the penalty provided for in
the injunction, for fear that our client will be imprisoned by the
Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment in
spite of the injunction, for if it is addressed to the plaintiff his
attorney can ask for judgment, and vice versa. Hussey, CJKB: We have
consulted together on this matter among ourselves and we see no harm
which can come to the plaintiff if he proceeds to judgment. The law will
not make him pay the penalty provided in the injunction. If the
Chancellor wants to imprison him he must send him to the Fleet Prison,
and, as soon as you are there you will inform us and we shall issue a
habeas corpus returnable before us, and when you appear before us we
shall discharge you, so you will not come to much harm, and we shall do
all we can for you. Nevertheless, Fairfax said he would go to the
Chancellor and ask him if he would discharge the injunction. And they
asked for judgment and it was held that they should recover their
damages as assessed by the jury, but they would not give judgment for
damages caused by the vexation the plaintiff suffered through the
Chancery injunction. And they said that if the Chancellor would not
discharge the injunction, they would give judgment if the plaintiff
would ask for it.



	An example of a petition to chancery in the 1400s is Hulkere v. Alcote,
as follows:



To the right reverend father in God and gracious lord bishop of Bath,
chancellor of England, your poor and continual bedwoman Lucy Hulkere,
widow of Westminster, most meekly and piteously beseeches: that whereas
she has sued for many years in the King's Bench and in the Common Pleas
for withholding diverse charters and evidences of land, leaving and
delaying her dower of the manor of Manthorpe in Lincolnshire and also of
the manor of Gildenburton in Northamptonshire, together with the
withdrawing of her true goods which her husband gave her on his deathbed
to the value of 100 pounds and more, under record of notary, sued
against Harry Alcote and Elizabeth of the foresaid Gildenburton within
the same county of Northampton. And by collusion and fickle counsel of
the foresaid Harry and Elizabeth his mother there was led and shown for
him within the Common Pleas a false release, sealed, to void and exclude
all her true suit by record of true clerks and attorneys of the
aforesaid Common Pleas. Of the which false release proved she has a copy
to show. [All this is] to her great hindrance and perpetual destruction
unless she have help and remedy by your righteous and gracious lordship
in this matter at this time. That it please your noble grace and pity
graciously to grant a writ subpoena to command the foresaid Henry Alcote
and Elizabeth Alcote to come before your presence by a certain day by
you limited in all haste that they may come to Westminster to answer to
this matter abovesaid, for love of God and a deed of charity,
considering graciously that the foresaid Harry Alcote, with another
fellow of his affinity who is not lately hanged for a thief in Franceled
her into a garden at Gildenburton and put her down on the ground, laying
upon her body a board and a summer saddle and great stones upon the
board, the foresaid Harry Alcote sitting across her feet and the other
at her head for to have slain her and murdered her, and by grace of our
lady her mother- in-law out walking heard a piteous voice crying and by
her goodness she was saved and delivered, and otherwise would be dead.
Pledges to prosecute: John Devenshire of Berdevyle in Essex and James
Kelom of London. Returnable in Michaelmas term.



                         - - - Chapter 11 - - -



                        - The Times: 1485-1509 -



	Henry Tudor and other exiles defeated and killed Richard III on
Bosworth field, which ends the civil War of the Roses between the
Lancaster and York factions. As King, Henry VII restored order to the
nation. He was readily accepted as king because he was descended from
the Lancaster royal line and he married a woman from the York royal
line. Henry was intelligent and sensitive. He weighed alternatives and
possible consequences before taking action. He was convinced by reason
on what plans to make. 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 a renaissance of the
arts and sciences, culture, and the intellectual life could flourish.
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 and no grand jury
indictment. For speed and certainty, it tried people "ex officio": by
virtue of its office. Suspects were required to take an oath ex officio,
by which they swore to truthfully answer all questions put to them. A
man could not refuse to answer on the grounds of self-incrimination. The
Star Chamber was the room in which the King's council had met since the
1300s.



	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 had Parliament
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 the civil War of the Roses. 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 nonresident 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 instituted the Yeomen of the Guard to be his 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
required retainers to be licensed, which system lasted until about 1600.
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 attainders
of treason. He also personally reviewed all accounts and initialed every
page, making sure that all payments were made. He regularly ordered all
men with an income of 800s. [40 pounds] yearly from lands or revenue in
hand to receive knighthoods, which were avoided by those who did not
want to fight, or pay a high fee. As a result, the Crown became rich and
therefore powerful.



	Henry's Queen, Elizabeth, was a good influence on his 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. 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 that had been under the plough. Any villeins were given their
freedom and they and 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. But
they could be pressured to sell by tactics such as breeding rabbits or
keeping geese on adjoining land to the detriment of their crops, or
preventing them from taking their traditional short cuts across the now
enclosed land to their fields. 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. Henry made several proclamations ordering certain enclosures to
be destroyed and tillage to be restored.



	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 life of the village still revolved around the
church. In some parishes, its activities were highly organized, with
different groups performing different functions. For example, the
matrons looked after a certain altar; the maidens raised money for a
chapel or saw to the gilding of the images; the older men collected
money for church repair; and the younger men organized the church ales
and the church plays. Wills often left property or rents from leased
land to the church. Church cows and sheep given could be leased out to
villagers. Church buildings given could be leased out, turned over to
the poor, used to brew ale or bake bread for church ales, or used in
general as a place for church activities. Church ales would usually a
good source of income; alehouses would be closed during the ceremonies
and parishioners would contribute malt for the ale and grain, eggs,
butter, cheese, and fruits.



	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. Guild halls became important and
imposing architecturally.



	A large area of London was taken up by walled gardens of the
monasteries and large mansions. There were 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 were introduced. Nightgowns were worn.
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. A long gallery was used for
exercise, recreation such as music and dancing, and private
conversations. Women and men wore elaborate headdresses. On the outer
periphery are taverns and brothels, both made of mud and straw. Houses
are beginning to be built outside the walls of London along the Thames
because the collapse of the power of the great feudal lords decreased
the fear of an armed attack on London. The merchants introduced this
idea of living at a distance from the place of work so that they could
escape living in the narrow, damp, and dark lanes of the City and have
more light and space. Indeed no baronial army ever threatened the king
again. East of London were cattle pastures, flour mills, bakers,
cloth-fulling mills, lime burners, brick and tile makers, bell founders,
and ship repairing. There was a drawbridge on the south part of London
Bridge for defense and to let ships through. Water sports were played on
the Thames such as tilting at each other with lances from different
boats.



	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. There are guilds of ironmongers, salters, and
haberdashers [hats and caps]



	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, cloth workers, 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 and to deal with common interests and
difficulties such as taxation, relations with rulers, and dangers at
sea. They made and enforced trading rules, chartered fleets, and
organized armed convoys when the seas were unsafe and coordinated
policies with Henry VII. Membership could be bought for a large fee or
gained by apprenticeship or by being the son of a member.



	Tudor government was paternalistic, curtailing cutthroat competition,
fixing prices and wages, and licensing production under grants of
monopoly to achieve a stable and contented society and a fair living for
all.



	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 pivoting
needle and circular dial with a scale was introduced. The scale gave
precision to directions. 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 it possible to sail in almost any direction. This opened the
seas of the world to navigation. At this time navigators kept their
knowledge and expertise secret from others. 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. Ferdinand Magellan of Portugal circumnavigated the world in 1519,
proving uncontrovertedly that the earth was spherical rather than flat.
Theologians had to admit that Jerusalem was not the center of the world.
Sailors overcame their fear of tumbling into one of the openings into
hell that they believed were far out into the Atlantic Ocean and ceased
to believe that a red sunset in the morning was due to a reflection from
hell. Seamen could venture forth into the darkness of the broad Atlantic
Ocean with a fair expectation of finding their way home again. They
gradually learned that there were no sea serpents or monsters that would
devour foolhardy mariners. They learned to endure months at sea on a
diet of salt beef, beans, biscuits, and stale water and the bare deck
for a bed. But there were still mutinies and disobedient pilots.
Mortality rates among seamen were high. There are more navy ships, and
they have some cannon.



	The blast furnace was introduced in the iron industry. A blast of hot
air was constantly forced from a stove into the lower part of the
furnace which was heating at high temperature a mixture of the iron ore
and a reducing agent that combined with the oxygen released. After the
iron was extracted, it was allowed to harden and then reheated and
hammered on an anvil to shape it and to force out the hard, brittle
impurities. Blast furnace heat was maintained by bellows worked by water
wheels. Alchemists sought to make gold from the baser metals and to make
a substance that would give them immortality. There was some thought
that suffocation in mines, caverns, wells, and cellars was not due to
evil spirits, but to bad air such as caused by "exhalation of metals".



	In 1502, German Peter Henlein invented the pocket watch and the
mainspring inside it.



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 emphasizes 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 legend of Robin Hood was
written down.



	The Commons gained the stature of the Lords and statutes were regularly
enacted by the "assent of the Lords spiritual and temporal and the
Commons". The Commons now assented instead merely requested enactments.



                              - The Law -



	Royal proclamations clarifying, refining or amplifying the law had the
force of parliamentary statutes. In 1486, the King proclaimed that
"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 is above said." He also proclaimed in 1487 that
no one, except peace officers, may carry a weapon, e.g. bows, arrows, or
swords, in any town or city unless on a journey. He proclaimed in 1498
that no one may refuse to receive silver pennies or other lawful coin as
payment regardless of their condition as clipped, worn, thin, or old, on
pain of imprisonment and further punishment.



	A statute provided that: 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 a trust] 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. The king tried to retain the benefits of feudal incidents on land
by this Statute of Uses, but attorneys sought to circumvent it by
drafting elaborate and technical instruments to convey land free of
feudal burdens.



	Any woman who has an estate in dower, or for a term of life, or in
[fee] 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 else 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 imported hawk, 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 else forfeit
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 crossbow 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 longbow 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 else 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 else 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. Large salmon
shall be sold without any small fish or broken-bellied salmon and the
small fish shall be packed by themselves only, or else forfeit 6s.8d.
Herring shall be sold at standard volumes. The herring shall be as good
in the middle and in every part of the package as at the ends of the
package, or else forfeit 3s.4d. Eels shall be sold at standard volumes,
and good eels shall not be mixed with lesser quality eels, or else
forfeit 10s. The fish shall be packed in the manner prescribed or else
forfeit 3s.4d. for each vessel.



	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 else
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 else
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 -



	This stastute made changes in the judicial process: 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.



	Henry sat on the Star Chamber Up to 1600, it heard many cases of
forgery, perjury, riot, maintenance, fraud, libel, and conspiracy. It
could mete out any punishment, except death or any dismemberment. This
included life imprisonment, fines, pillory, whipping, branding, and
mutilation. Henry VII sat on it. 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 denied doing the
acts of which he is convicted, he was 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 other felony.



	Actions on the case shall be treated as expeditiously in the courts of
the King's Bench and Common Pleas 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-covert 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 county 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. Petite treason was that by a wife to
her husband or a man to his lord.



	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 a 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 issue 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 over many years of benefit of clergy until it disappears.
Also, benefit of clergy was often disregarded in unpeaceful times.)



	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 else 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 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.



	Ohanges in the judicial process other than those made by statute were
made by court decision. For instance, the royal justices 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 be
imprisoned, or declared outlaw if he did not appear at court.



	A wrongful step on the defendant's land, a wrongful touch to his person
or chattels could be held to constitute sufficient force and an adequate
breach of the king's peace to sustain a trespass action. A new form of
action is trespass on the case, which did not require the element of
force or of breach of the peace that the trespass offense requires.
Trespass on the case [or "case" for short] expands in usage to cover
many types of situations. Stemming from it is "assumpsit", which
provided damages for breach of an oral agreement and for a written
agreement without a seal.



	Parliament's supremacy over all regular courts of law was firmly
established and it was called "the high court of Parliament",
paradoxically, since it rarely came to function as a law court.



	When a land holder enfeoffs his land and tenements to people unknown to
the remainderman in [fee] 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 Thames 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 Bishop's Court in London had nine offenders a week by 1500. Half of
these cases were for adultery and sexual offenses, and the rest were for
slander, blasphemy, missing church services, and breach of faith.
Punishment was penance by walking barefoot before the cross in the
Sunday Procession dressed in a sheet and holding a candle.



                         - - - Chapter 12 - - -



                        - The Times: 1509-1558 -



	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 fees, 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. In 1510, the founder and dean of St. Paul's School
placed its management in the hands of London "citizens of established
reputation" because he had lost confidence in the good faith of priests
and noblemen. The sons of the nobility, attorneys, and merchants were
starting to go to grammar school now instead of being taught at home by
a tutor. At school, they mingled with sons of yeomen, farmers, and
tradesmen, who were usually poor. The usual age of entry was six or
seven. Classical Latin and Greek were taught and the literature of the
best classical authors was read. Secondary education teachers were
expected to know Latin and have studied the ancient philosophers,
history, and geography. The method of teaching was for the teacher to
read textbooks to the class from a prepared curriculum. The students
were taught in Latin and expected not to speak English in school. They
learned how to read and to write Latin, 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. They also learned arithmetic (solving arithmetical
problems and casting accounts). Disobedience incurred flogging by
teacher as well as by parents. Spare the rod and spoil the child was the
philosophy. Schools now guarded the morals and behavior of students.
There were two week vacations at Christmas and at Easter. Royal grammar
books for English and Latin were proclaimed by Henry in 1543 to be the
only grammar book authorized for students. In 1545, he proclaimed a
certain primer of prayers in English to be the only one to be used by
students.



	The first school of humanist studies arose in Oxford with the
Foundation of Corpus Christi College in 1516 by Bishop Richard Fox. It
had the first permanent Reader or Professor in Greek. The Professor of
Humanity was to extirpate all barbarisms by the study of Cicero,
Sallust, Valerius Maximus, and Quintilian. The Reader of Theology was to
read texts of the Holy Fathers but not those of their commentators.
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 and other Regius
professorships were founded by the king at Oxford and Cambridge.
Teaching of undergraduates was the responsibility of the university
rather than of the colleges, though some colleges had live-in teachers.
Most colleges were exclusively for graduate fellows, though this was
beginning to change. The university took responsibility for the
student's morals and behavior and tutors sometimes whipped the
undergraduates. For young noblemen, a more important part of their
education than going to university was travel on the continent with a
tutor. This exposure to foreign fields was no longer readily available
through war or pilgrimage. The purpose was practical - to learn about
foreign people and their languages, countries, and courts. Knowledge of
the terrain, resources, prosperity, and stability of their countries was
particularly useful to a future diplomatic or political career.



	Understanding of the celestial world began to change. Contemporary
thought was that the nature of all things was to remain at rest, so that
movement and motion had to be explained by causes. The earth was
stationary and the heavens were spherical and revolved around the earth
every twenty-four hours. The universe was finite. The firmament extended
outward in a series of rotating, crystalline, ethereal spheres to which
were attached the various points of celestial geography. First came the
circle of the moon. The sun orbited the earth. The fixed stars rotated
on an outer firmament. Finally, there was the abode of God and his
heavenly hosts. Different principles ruled the celestial world; it was
orderly, stable, ageless, and enduring. But the world of man changed
constantly due to its mixed four elements of air, earth, fire, and water
each trying to disentangle itself from the others and seeking to find
its natural location. The heavenly spheres could affect the destinies of
men, such as through fate, fortune, intelligence, cherubim, seraphim,
angels, and archangels. Astrologers read the celestial signs and
messages.



	Then a seed of doubt was cast on this theory by Nicholaus Copernicus, a
timid monk in Poland, who found inconsistencies in Ptolemy's work, but
saw similarity in the movements of the earth and other planets. He
inferred from the "wandering" planetary movements with loops that their
motion could be explained simply if they were revolving in circular
paths around the sun, rather than around the earth. In his book of 1543,
he also expressed his belief that the earth also revolved around the
sun. This idea so shocked the world that the word "revolution" became
associated with radical change. He thought it more likely that the earth
rotated than that the stars moved with great speed in their large
orbits. He proposed that the earth spins on its own axis about once
every twenty-four hours, with a spin axis at about a 23 1/2 degree tilt
from the orbital axis, thus explaining a slow change in the overall
appearances of the fixed stars which had been observed since the time of
Ptolemy. He deduced from astronomical measurements that the correct
order of the planets from the Sun was: Mercury, Venus, Earth, Mars,
Jupiter, and Saturn. The church considered his ideas heretical because
contradictory to its dogma that man and the earth were the center of the
universe. A central sun evoked images of pagan practices of sun worship.
News of new ideas in science traveled quickly to English scholars and
professionals



	The physicians of London were incorporated to oversee and govern the
practice of medicine. A faculty of physicians was established at Oxford
and Cambridge. A Royal College of Physicians was founded in London in
1518 by the King's physician. The College of Physicians taught more
practical medicine and anatomy than the universities. Only graduates of
the College of Physicians or of Oxford or Cambridge were allowed to
practice medicine or surgery.



	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. Some observations of
Hippocrates were:  “When sleep puts an end to delirium, it is a
hopeful sign.”  “When on a starvation diet, the patient should not
be allowed to become fatigued.” “Old men usually have less illness
than young ones, but such as they have last, as a rule, till death.”
“Pleurisy, pneumonia, colds, sore throat, and headache are more likely
to occur during winter seasons.” “When one oversleeps, or fails to
sleep, the condition suggests disease." Hippocrates had asserted that
madness was simply a disease of the brain and then Galen had agreed and
advocated merciful treatment of the insane. Galen's great remedies were
proper diet, exercise, massage, and bathing. He taught the importance of
a good water supply and good drainage. He advised that baking bread in a
large oven was superior to cooking in a small oven, over ashes, or in a
pan in wholesomeness, digestibility, and flavor. Greek medicinal
doctrines were assumed, such as that preservation of the health of the
body was dependent 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. In 1540 began the
practice of giving bodies of hanged felons to surgeons to dissect. This
was to deter the commission of felony. There was some feeling that
dissection was a sacrilege, that the practice of medicine was a form of
sorcery, and that illness and disease should be dealt with by prayer
and/or atonement because caused by sin, the wrath of God, or by the
devil. Food that was digested was thought to turn into a vapor which
passed along the veins and was concreted as blood, flesh, and fat. After
1546, there was a book listing hundreds of drugs with preparation
directions, but their use and application was by trial and error.



	Flemish physician Andreas Vesalius, secretly dissected human corpses,
finding them hanging on public gibbets or competing with dogs for those
incompletely buried in cemeteries. He begged doctors to allow him to
examine the bodies of their fatal cases. He ingratiated himself with
judges who determined the time and place of execution of criminals. In
1543 he published the first finely detailed description of human
anatomy. In it, there was no missing rib on one side of man, and this
challenged the theory of the woman Eve having been made from a rib of
the man Adam.



	In the 1540s, Ambroise Pare from France, a barber-surgeon who was the
son of a servant, was an army surgeon. Wounds at this time were treated
with boiling oil and spurting vessels were closed by being seared with a
red-hot iron. After he ran out of boiling oil, he observed that the
soldiers without this treatment were healing better than those with this
treatment. So he advocated ceasing the practice of cauterizing wounds.
He also began tying arteries with cord to stop their bleeding after
amputation many other surgical techniques.



	In Switzerland, Theophrastus Paracelsus, an astrologer and alchemist
who later became a physician, did not believe that humor imbalance
caused disease nor in treatment by bloodletting or purging. He believed
that there were external causes of disease, e.g. toxic matter in food,
contagion, defective physical or mental constitution, cosmic influences
differing with climate and country, or affliction sent Providence. He
urged that wounds be kept clean rather than given poultices. In 1530, he
pioneered the application of chemistry to physiology, pathology, and the
treatment of disease by starting clinical diagnosis and treatment of
disease by highly specific medicines, instead of by cure-alls. For
instance, he used alkalis to treat disease, such as gout, indicated by
certain substances in the urine, which also started urinalysis. He
perceived that syphilis was caused by contagion and used mercury to cure
it. He found curative powers also in opium, sulphur, iron, and arsenic.
Opium was made by drying and cooking the capsule of the poppy and was
one of the few really effective early drugs. Paracelsus urged alchemists
to try to prepare drugs from minerals for the relief of suffering. He
claimed to acquire knowledge of cures through spiritual contacts to
occult wisdom. He believed that a human being has an invisible body as
well as a visible one and that it is closely attuned to imagination and
the spiritual aspect of an individual. He noticed that one's attitudes
and emotions, such as anger, could affect one's health. He sometimes
used suggestion and signs to help a patient form mental images, which
translated into cures. He saw insanity as illness instead of possession
by evil spirits.



	Students were beginning to read for the bar by their own study of the
newly available printed texts, treatises, and collections of statute law
and of cases, instead of listening in court and talking with attorneys.



	In 1523, Anthony Fitzherbert wrote "Boke of Husbandry", which set forth
the most current methods of arable farming, giving details of tools and
equipment, advice on capital outlay, methods of manuring, draining,
ploughing, and rick-building. It was used by many constantly, and was
often carried around in the pocket. This began a new way to disseminate
new methods in agriculture. He also wrote a "Boke of Surveying", which
relied on the perch rod and compass dial, and gave instruction on how to
set down the results of a survey. In 1533, Gemma Frisius laid down the
principles of topographical survey by triangulation. This improved the
quality of surveys and produced accurate plots.



	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 began to be identified mainly with hospitality
and benevolence instead of being trading organizations. Twelve great
companies dominated city politics and effectively chose the mayor and
aldermen. They were, in order of precedence, Mercers, Grocers, Drapers,
Fishmongers, Goldsmiths, Skinners, Tailors, Haberdashers, Ironmongers,
Salters, Vintners, 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 superintended the trade and manufactures of
London much like a government department. They were called Livery
Companies and categorized their memberships in three grades: mere
membership, livery membership, and placement on the governing body.
Livery members were distinguished by having the clothing of the
brotherhood [its livery] and all privileges, and proprietary and
municipal rights, in the fullest degree. They generally had a right to a
place at the Company banquets. They were invited by the governing body,
as a matter of favor, to other entertainments. These liverymen were
usually those who had bought membership and paid higher fees because
they were richer. Their pensions were larger than those of mere members.
Those with mere membership were freemen who had only the simple freedom
of the trade. The masters were usually householders. The journeymen,
yeomanry, bachelors were simple freemen. 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
quicksilver and some members had been rendered crazed and infirm by
working in that trade. 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, some of whom became wage earners of the Leathersellers. But
others of these craftsmen remained independent. The Whittawyers, who
treated horse, deer, and sheep hides with alum and oil, had become wage
earners for the Skinners.



	Londoners went to the fields outside the city for recreation and games.
When farmers enclosed some suburban common fields in 1514, a crowd of
young men marched out to them and, crying "shovels and spades", uprooted
the hedges and filled in the ditches, thus reclaiming the land for their
traditional games. The last major riot in London was aroused by a
speaker on May Day in 1517 when a thousand disorderly young men, mostly
apprentices, defied the curfew and looted shops and houses of aliens. A
duke with two thousand soldiers put it down in mid-afternoon, after
which the king executed fifteen of the rioters.



	Many English migrated to London. There were ambitious young men and
women hopeful of betterment through employment, apprenticeship, higher
wages, or successful marriage. On the other hand, there were subsistence
migrants forced to leave their homes for food, work, or somewhere to
live. There was much social mobility. For instance, between 1551 and
1553, of 881 persons admitted as freemen of London, 46 were the sons of
gentlemen, 136 the sons of yeomen, and 289 the sons of farm workers.
London grew in population about twice as fast as the nation.



	There are 26 wards of London as of 1550. This is the number for the
next four centuries. Each ward has an alderman, a clerk, and a chief
constable. There are also in each ward about 100 to 300 elected
officials including prickers, benchers, blackbootmen, fewellers [keepers
of greyhounds], scribes, a halter-cutter, introducers, upperspeakers,
under speakers, butlers, porters, inquestmen, scavengers, constables,
watchmen, a beadle, jurymen, and common councilmen. The wardmote had
inquest jurisdiction over immorality or bad behavior such as vagrancy,
delinquency, illegitimacy, and disputes. This contributed greatly to
social stability. In 1546, Henry ordered the London brothels closed. A
small gaol was established in the Clink district of Southwark, giving
the name "clink" to any small gaol. London ordinances required
journeymen to work from 6 a.m. to 6 p.m. in winter, with a total of 90
minutes breaks for breakfast, dinner, and an afternoon drink, for 7d. In
the summer they had to work for two hours longer for 8d. At its peak in
the 1540s the court employed about 200 gentlemen, which was about half
the peerage and one-fifth of the greater gentry. Henry issued a
proclamation ordering noblemen and gentlemen in London not employed by
the court to return to their country homes to perform their service to
the king.



	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 living according to the principles of natural virtue.
In it, everything is owned in common and there is no need for money. All
believe that there is a God who created the world and all good things
and who guides men, and that the soul is immortal. But otherwise people
choose their religious beliefs and their priests. From this perspective,
the practices of other Christians, scholastic theologians, priests and
monks, superstition, and ritual looked absurd. More 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 believed the new humanistic studies should be brought to women as
well as to men. He had tutors teach all his children Latin, Greek,
logic, theology, philosophy, mathematics, and astronomy from an early
age. His eldest daughter Margaret became a recognized scholar and
translated his treatise on the lord's prayer. Other high class women
became highly educated. They voiced their opinions on religious matters.
In the 1530s, the Duchess of Suffolk spoke out for reform of the clergy
and against images, relics, shrines, pilgrimages, and services in Latin.
She and the countess of Sussex supported ministers and established
seminaries for the spread of the reformed faith.



	More pled 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 men 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
four or five words out from different places, even falsifying the sense
of them if necessary, and disregard the fact that their context was
relevant or even contradicted their points. They do this with such
brazen skill that our attorneys are often jealous of them.



	Attorney 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, started in Germany in 1517 by Martin Luther posting his thesis,
had become identified with Henry's efforts to have his marriage of
eighteen years to the virtuous Catherine annulled so he could marry a
much younger woman: Anne and have a son. The end of his six successive
wives was: annulled, beheaded, died; annulled, 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. One such was Thomas
Wolsey, the son of a town grazier [one who pastures cattle and rears
them for market] and butcher, who 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, attorney, 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 called himself
a reformer 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 also 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 and he strengthened the crown
by consolidating power and income that had been scattered among nobles
and officeholders. 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 justice. When Wolsey was not
able to convince the pope to give Henry an annulment of his marriage,
Henry dismissed him and took his property, shortly after which Wolsey
died on his way to be imprisoned in the Tower to be tried for treason.



	Thomas. Cromwell, a top royal official, was a self-taught attorney,
arbitrator, merchant, and accountant. He was the son of a
clothworker/blacksmith/brewer/innkeeper, 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
statute. Thomas More, the successor Chancelllor to Wolsey, 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 this supremacy statute, 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. His 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 statute because it was repugnant to the common law of
Christendom.



	Henry ruled with an iron fist. In 1536, he issued a proclamation that
"any rioters or those in an unlawful assembly shall return to their
houses" or "we will proceed against them with all our royal force and
destroy them and their wives and children." In 1538, he proclaimed that
anyone hurting or maiming an officer while trying to make an arrest
"shall lose and forfeit all their lands, goods, and chattel" and shall
suffer perpetual imprisonment. Moreover, if one murdered such an
officer, he would suffer death without privilege of sanctuary or of
clergy. In 1540, he proclaimed that there would be no shooting by
handgun except on a shooting range. Henry had Parliament pass bills of
attainder against many people. For the first time, harsh treatment of
prisoners in the Tower, such as placement in dungeons with little food,
no bed, and no change of clothes, became almost a matter of policy.
Through his host of spies, Cromwell heard what men said to their closest
friends. Words idly spoken were distorted into treasonable utterances.
Fear spread through the people. Silence was a person's only possibility
of safety.



	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.



	Henry now reconstructed his council to have a fixed membership, an
official hierarchy based on rank, a secretariat, an official record, and
formal powers to summon individuals before it by legal process. Because
it met in the King's Privy Lodgings, it was called the "Privy Council".
It met daily instead of just during the terms of the Westminster courts
from late autumn to early summer. It communicated with the king through
intermediaries, of whom the most important was the King's Secretary.
Because it was a court council, part of it traveled with the king, while
the other part conducted London business. When Henry went to war in
France, part of the council went with him, and part of it stayed to
attend the Queen Regent.



	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 celebration of the
Lord's Supper was a communion among the parishioners and minister all
sharing wine and bread. It replaced the mass, in which the priests were
thought to perform a miraculous change of the substance of bread and
wine into the body and blood of Christ, which the priest then offered as
a sacrifice for remission of pain or guilt. This reflected the blood
sacrifice of Christ dying on the cross. In the mass, only the priests
drank the wine. The mass, miracles, the worship of saints, prayers for
souls in purgatory, 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. Many maps of manors and
lands were made at this time. 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. But there were still many poor, sick, blind, aged, and impotent
people in the streets since the closure of the monasteries. In 1552,
there were 2,100 people in need of relief, including 300 orphans, 600
sick or aged, 350 poor men overburdened with their children, 650 decayed
householders, and 200 idle vagabonds. The poor often begged at parishes,
where they spread disease. London then set up a poor relief scheme. The
Bridewell was established to set to work the idle, vagabonds, and
prostitutes making feather bed ticks and wool-cards, drawing of wire,
carding, knitting, and winding of silk. Parishes were required to give
money for the poor in 1563. Other towns followed London's lead in
levying a poor rate.



	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. In 1545, Henry issued a
proclamation ordering all vagabonds, ruffians, masterless men, and
evil-disposed persons to serve him in his navy.



	The former land of the monasteries, about 30% of the country's land,
was sold and resold, usually to great landowners, or leased. Title deeds
became important as attorneys sought the security that title could give.
Some land 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. Its price went up from 6s.8d. per tod [about 28 pounds] in
1340 to 20s.8d. in 1546.



	Villeinage was now virtually extinct. But 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. Copyholders gradually
acquired a valuable right in their holdings: their rent became light -
less that a shilling an acre.



	The knights had 70% of the land, the nobles 10%, the church 10%, and
king 5%. 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, thick wallpaper, and formal gardens. Use of thick,
insulating wallpaper rose with the rise of paper mills. It was
stenciled, hand-painted, or printed. 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. The fortunes
of landowners varied; some went into aristocratic debt by ostentatiously
spending on building, clothes, food, and drink, and some became indebted
by inefficient management. Some had to sell their manors and dismiss
their servants.



	All people generally had enough food because of the commercialization
of agriculture. Even the standard meal of the peasant was bread, bacon,
cheese, and beer or cider, with beef about twice a week. Also, roads
were good enough for the transport of foodstuffs thereon. Four-wheeled
wagons 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.



	Henry made proclamations reminding people of the apparel laws, but they
were difficult to enforce. Henry also made a proclamation limiting the
consumption of certain meat according to status. Seven dishes were
allowed to bishops, dukes, marquises, and earls; six to other temporal
lords; five to justices, the King's council, sheriffs, and persons with
an income of at least 200 pounds yearly or goods worth 2000 pounds; four
to persons with an income of at least 100 pounds or goods worth 1000
pounds; and three dishes to persons with an income of at least 100
pounds or goods worth 500 pounds. There were limits on types of meat
served, such as a maximum of one dish of great fowl such as crane, swan,
and peacock; eight quail per dish; and twelve larks in a dish. People
used tin or pewter dishes, platters, goblets, saucers, spoons,
saltcellars, pots, and basins. They used soap to wash themselves, their
clothes, and their dishes. A solid, waxy soap was from evaporating a
mixture of goat fat, water, and ash high in potassium carbonate. 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. 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 organ and the harp,
precursor to the piano, were played.



	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 potions and medicines. They bought potions and medicines
from apothecaries and pharmacists.



	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.



	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 girdlemakers 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, attorneys, 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 sewers carried
only surface water away. Households were forbidden to use the sewers.
Privies emptied into cesspools.



	The Merchant Adventurers' Fellowship brought virtually all adventurers
under its control and organized and regulated the national cloth trade.
It had a General Court of the Adventurers sitting in the London Mercers'
Hall. Various companies were granted monopolies for trade in certain
areas of the world such as Turkey, Spain, France, Venice, the Baltic,
and Africa. These were regulated companies. That is they obtained
complete control of a particular foreign market, but any merchant who
cared to join the company, pay its dues, and obey its regulations, might
share in the benefits of its monopoly. The companies generally confined
trade to men who were primarily merchants and not shopkeepers. In 1553
explorer Sebastian Cabot formed the Muscovy Company, which was granted a
monopoly in its charter for trade with north Russia. It was oriented
primarily to export English woolen cloth. It was the first company
trading on a joint stock, which was arranged as a matter of convenience
and safety. The risks were too great for any few individuals. It hired
ships and assigned space to each member to ship his goods at his own
risk. The dividend was returned to the subscribers of the capital they
put in plus an appropriate share of any profits made on the voyage. The
members began leaving their money with the company for the next voyage.
A general stock grew up. In 1568 were the first industrial companies:
Mines Royal, and Mineral and Battery Works. The cloth, mining, iron, and
woodcraft industries employed full-time workers on wages. In the
ironworks and foundries, the furnace blowing engines were worked by
water wheels or by a gear attached to donkeys or horses. The forge
hammers were worked at first by levers and later by water wheels. The
day and night hammering filled the neighborhood with their noise.



	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. Lands 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.



	Citizens paid taxes to the king amounting to one tenth of their annual
income from land or wages. Merchants paid "forced loans" and
benevolences. 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 their cities' ground.



	The matchlock musket came into use, but did not replace the bow because
its matchcord didn't remain lit in rainy weather. The matchlock was an
improvement over the former musket because both hands could be used to
hold and aim the matchlock musket because the powder was ignited by a
device that touched a slow-burning cord to the powder when a trigger was
pulled with one finger.



	After the break with Rome, cooperation among villagers in church
activities largely ceased. The altars and images previously taken care
of by them disappeared and the paintings on the walls were covered with
white or erased, and scripture texts put in their place. People now read
the new Bible, the "Paraphrases" of Erasmus, Foxe's "Book of Martyrs",
and the works of Bishop Jewel. The Book of Martyrs taught the duty and
splendor of rising above all physical danger or suffering. The canon law
of the church was abolished and its study prohibited. Professorships of
the civil law were founded at the two universities. The Inns of Court
grew. Attorneys had more work with the new laws passed to replace the
church 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.



	Church reforms included abolishing church sanctuaries. Benefit of
clergy was restricted more. Parsons were allowed to marry. Archbishops
were selected by the king without involvement by the pope. Decisions by
archbishops in testamentary, matrimonial, and marriage annulment 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 control of the
church added to the powers of the Crown to summon and dissolve
Parliament, coin money, create peers [members of the House of Lords who
received individual writs of summons to Parliament], pardon criminals,
order the arrest of dangerous persons without customary process of law
in times of likely insurrection, tax and call men to arms without the
consent of Parliament if the country were threatened with invasion.



	About 1550 there began indictments and executions for witchcraftery
which lasted for about a century. One of the reasons for suspecting a
woman to be a witch was that she lived alone, which was very unusual.



	Henry ordered all alien Anabaptists, who denied the validity of infant
baptism, to leave the realm.



                              - The Law -



	Offices may not be bought and sold, but only granted by justices of the
royal courts.



	The King's proclamations shall be observed and kept as though they were
acts of Parliament. The penalty shall not be more than that stated in
the proclamation, except for heresy.



	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 from felons' lands, and
lords of their escheats. (This was difficult to enforce.)



	A woman may not have both a jointure [promise of husband to wife of
property or income for life after his death] 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 clergyman or other spiritual person shall take a mortuary fee
or money from a deceased person with movable goods under the value of
133s., a deceased woman-covert, a child, a person keeping no house, or a
traveler. Only one mortuary fee 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, stepmother, sister, niece, aunt, or
daughter.



	Any clergy preaching contrary to the King's religious doctrine shall
recant for the first offense. He shall abjure and bear a faggot (a badge
resembling a faggot of wood which would have been used for burning him
as a heretic) for the second offense. If he refuses to abjure or bear a
faggot or offends a third time, he shall be burned and lose all his
goods. If a layperson teaches, defends, or maintains a religious
doctrine other than the King's, he shall recant and be imprisoned for
twenty days for the first offense. He shall abjure and bear a faggot if
he does not recant or offends a second time. He shall forfeit his goods
and suffer perpetual imprisonment if he does not abjure or bear a faggot
or offends a third time.



	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 sell, to
prevent the ruin of these towns by people taking up both agriculture and
cloth-making outside these towns. No one making cloth for sale may have
more than one woolen loom or else forfeit 20s. This to protect the
weavers' ability to maintain themselves and their families from rich
clothiers who keep many looms and employ journeymen and unskillful
persons at low wages. No one owning a fulling mill may own a weaving
loom. No weaver may own a fulling mill.



	No one shall shoot in or keep in his house any handgun or crossbow
unless he has 2,000s. yearly.



	No one may hunt or kill hare 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 hare.



	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 raising crops may be converted to pasture. No woods
may be converted to agriculture or pasture. The efforts to enforce these
proved these prohibitions were not successful.



	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 bookbinders 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 or 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 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 agreement 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.



	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.



	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 clothmaker, 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 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 gaol for three days.



	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.



	As of 1541, it was felony to practice witchcraft, sorcery, enchantment,
or conjuration for the purpose 1) of obtaining money, or 2) to consume
any person in his body, members, or goods, or 3) to provoke any person
to unlawful love or lucre of money, or 4) to declare where stolen goods
be, or 5) to despite Christ, or 6) to pull down any cross.



	The Year Books of case decisions ceased in 1535.



                          - Judicial Procedure -



	By royal proclamation of 1546, only those admitted by the Chancellor
and two chief justices may practice as counsel or in legal pleading in
any of the King's courts. Also, such a person must be serjeant-at-law,
reader, utter barrister, or an eight-year fellow of one of the four
houses of court, except in the Court of Common Pleas.



	Doctors of the civil law may practice in the church or Chancery courts.



	Justices shall tax inhabitants of the county for building gaols
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 counties
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 chamber 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 statute on circuit.



	The criminal court went outside the common law to prosecute political
enemies, e.g. by dispensing with a jury.



	Since the nation was now peaceful, expediency was no longer needed, so
judicial procedures again became lengthy and formal with records.



	The Chancery court enforced the obligations known as trusts, in the
name of equity and good conscience. It adopted every analogy that the
common law presented. Its procedure was to force the defendant to answer
on oath the charges that were brought against him. All pleadings and
usually testimony was put into writing. Much evidence consisted of
written affidavits. There was no jury. The Chancery court did not record
its decisions apparently because it did not see itself s bound by
precedents.



	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 unlicensed livery and maintenance and because jurors no
longer necessarily know all the relevant facts.



	When acting as the highest court, the House of Lords was presided over
by the Chancellor, who sat on his prescribed place on the wool sacks. It
had the following jurisdiction: trial of peers for high treason and
serious felony, appeals on writs of error from courts of the common law,
and impeachment. The House of Lords served as judge of impeachment
cases, whereas the House of Commons served as fact finders.



	The leet court and sheriff's turn court have much less jurisdiction.
They may dispose of presentments of trespasses and nuisances, but not
felony or question of freehold. Such presentments are made by a set of
at least twelve men, and the presented person is amerced there and then.



	The humanist intellectual revival 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 13 - - -



                        - The Times: 1558-1601 -



	Queen Elizabeth I was intelligent, educated, and wise about human
nature. When young, she was a brilliant student and studied the Bible,
philosophy, literature, oratory, and Greek and Roman history. 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.
Learning from books was one of her highest values throughout her life.



	She read so much and was so influenced by 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 had a duty to make the safety and interest of
citizens its greatest aim and to influence 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
ruler should try to become loved and not feared, because men hated those
whom they feared, and wished themdead. Therefore obedience proceeding
from fear could not last, whereas that which was the effect of love
would last forever. An oppressor ruling by terror would be resented by
the citizens, who in secret would choose a worthier person. Then
liberty, having been chained up, would be unleashed more fiercely than
otherwise. To obtain the peoples' love, a ruler should be kind and
bountiful. To obtain the peoples' trust, a ruler should be just, wise,
and faithful. To demonstrate this, a ruler 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 ruler 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 was loved by her people.
She respected truth and was sincere, avoiding guile or fraud. She
claimed that she had never dishonored her tongue with a falsehood to
anyone. She expected that any covert manipulations by monarchs would be
found out and therefore would damage their credibility. "It becometh
therefor all of our rank to deal sincerely; lest if we use it not, when
we do it we be hardly believed."



	She was frugal and diplomatically avoided unnecessary wars, saying that
her purse was the pockets of her people. Her credit reputation was so
good that she could always get loans at small rates of interest from
other countries. England was a small Protestant nation threatened by the
larger Catholic nations of France and Spain. When Elizabeth flirted and
talked of marriage with foreign princes, they laid aside any thoughts of
conquering England by war, hoping to obtain it my marriage. Not only did
she not seek to conquer other lands, but she turned down an invitation
to rule the Netherlands.



	Elizabeth prayed for divine guidance as in this prayer: "Almighty God
and King of all kings, Lord of heaven and earth, by whose leave earthly
princes rule over mortals, when the most prudent of kings who
administered a kingdom, Solomon, frankly confessed that he was not
capable enough unless Thou broughtst him power and help, how much less
am I, Thy handmaid, in my unwarlike sex and feminine nature, adequate to
administer these Thy kingdoms of England and of Ireland, and to govern
an innumerable and warlike people, or able to bear the immense magnitude
of such a burden, if Thou, most merciful Father didst not provide for me
(undeserving of a kingdom) freely and against the opinion of many men.
Instruct me from heaven, and give help so that I reign by Thy grace,
without which even the wisest among the sons of men can think nothing
rightly. Send therefore, O inexhaustible Fount of all wisdom, from Thy
holy heaven and the most high throne of Thy majesty, Thy wisdom to be
ever with me, that it may keep watch with me in governing the
commonwealth, and that it may take pains, that it may teach me, Thy
handmaid, and may train me that I may be able to distinguish between
good and evil, equity and iniquity, so as rightly to judge Thy people,
justly to impose deserved punishments on those who do harm, mercifully
to protect the innocent, freely to encourage those who are industrious
and useful to the commonwealth. And besides, that I may know what is
acceptable to Thee alone, vouchsafe that I wish, dare, and can perform
it without paying respect to any earthly persons or things. So that when
Thou Thyself, the just Judge, who askest many and great things from
those to whom many and great things are entrusted, when Thou requirest
an exact accounting, charge me not with badly administering my
commonwealth and kingdom. But if by human thoughtlessness or infirmity
Thy handmaid strays from the right in some thing, absolve me of it by
Thy mercy, most high King and most mild Father, for the sake of Thy Son
Jesus Christ; and at the same time grant that after this worldly kingdom
has been exacted of me, I may enjoy with Thee an eternity in Thy
heavenly and unending kingdom, through the same Jesus Christ, Thy Son
and the Assessor of Thy kingdom, our Lord and Mediator. To whom with
Thee and with the Holy Spirit, one everlasting King, immortal,
invisible, only-wise God, be all honor and glory forever and ever,
amen.”



	Elizabeth promoted commercial speculations, which diffused a vast
increase of wealth among her people. The Elizabethan era was one of
general prosperity. Her good spirits and gayness created a happy mood in
the nation. She loved dancing and madrigal music was popular. She came
to dress elaborately and fancifully. Her dresses were fitted not only at
the waist, but along the torso by 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. It was covered with gold ornaments, pearls, gems, and
unusual stones from America. She wore decorated gloves. Ladies copied
her and discarded their simple over-tunics for elaborate dresses. The
under-tunic became a petticoat and the over-tunic a dress. 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, rings with
stones or pearls, 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. Barbers
sought to give a man a haircut that would favor his appearance, for
instance a long slender beard for a round face to make it seem narrower
and a broad and large cut for a lean and straight face. Men now wore
stuffed breeches and stockings instead of long hosen. Some wore a
jeweled and embroidered codpiece between their legs to emphasize their
virility. 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. Both men and women wore velvet or wool full length
nightgowns with long sleeves and fur lining and trimming to bed, which
was the custom for the next 150 years. Fashions changed every year due
to the introduction of cheaper, lighter, and less durable cloths by
immigrant craftsmen. When Elizabeth became old, she had a wig made to
match her youthful long red hair. Other ladies then began wearing wigs.



	Every few years, Elizabeth issued a proclamation reminding people of
the apparel laws and reiterating certain provisions which had been
disregarded. For instance, only the royal family and dukes and marquises
in mantles [cloaks] of the garter could wear the color purple. One had
to be at least an earl to wear gold or silver or sable. Only dukes,
marquises, earls and their children, barons, and knights of the order
could wear imported wool, velvet, crimson, scarlet, or blue, or certain
furs., except that barons' sons, knights, or men who could dispend at
least 200 pounds yearly could wear velvet in gowns or coats, embroidery,
and furs of leopards. Spurs, swords, rapiers, daggers, and woodknives
were restricted to knights and barons' sons or higher. A man who could
dispend at least 100 pounds per year could wear taffeta, satin, damask,
or cloth made of camels' hair and silk, in his outer garments. One had
to be the son and heir or the daughter of a knight or wife of said son
or a man who could dispend 20 pounds yearly or had 200 pounds worth in
goods to wear silk in one's hat, bonnet, nightcap, girdle, scabbard, or
hose. Yeomen, husbandmen, serving men, and craftsmen were very
restricted in what they could wear. Poor men wore skirted fustian
tunics, loose breeches, and coarse stockings or canvas leggings.



	Children wore the same type of 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 humors.



	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".



	There were many lifestyle possibilities in the nation: gentleman, that
is one who owned land or was in a profession such as a 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;
self-sufficient 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, or 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: field-workers 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 their 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. Houses 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. There were locks and bolts for protection from intruders. The
hall was still the main room, and usually extended up to the roof.
Richly carved screens separated the hall from the kitchen. The floors
were stone or wood, and sometimes tile. They were often covered with
rushes or plaited rush mats, on which incomers could remove the mud from
their boots. Some private rooms had carpets on the floor. Walls were
smoothly plastered or had carved wood paneling to control drafts.
Painted cloths replaced tapestries on walls. Family portraits decorated
some walls, usually in the dining room. Iron stands with 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 open
stairways with carved wood banisters replaced the narrow winding stone
steps of a circular stairwell. Most houses had several ornamented brick
chimneys and clear, but uneven, glass in the windows. There were
fireplaces in living rooms, dining rooms, kitchen, and bedrooms, as well
as in the hall and great chamber. Parlors were used for eating and
sitting only, but not for sleeping. Closets were rooms off bedrooms in
which one could read and write on a writing table, and store one's
books, papers, maps, calendar, medals, collections, rarities, and
oddities. Sometimes there was a study room or breakfast room as well. A
gentleman used his study not only to read and to write, but to hold
collections of early chronicles, charters, deeds, copied manuscripts,
and coins that reflected the budding interest in antiquarianism; and to
study his family genealogy, for which he had hired someone to make an
elaborate diagram. He was inclined to have a few classical, religious,
medical, legal, and political books there. Rooms were more spacious than
before and contained oak furniture such as enclosed cupboards; cabinets;
buffets from which food could be served; tables, chairs and benches with
backs and cushions, and sometimes with arms; lidded chests for storing
clothes and linens, and occasionally chests of drawers or wardrobes,
either hanging or with shelves, for clothes. Chests of drawers developed
from a drawer at the bottom of a wardrobe. Carpeting covered tables,
chests, and beds. Great houses had a wardrobe chamber with a fireplace
in front of which the yeoman of the wardrobe and his assistants could
repair clothes and hangings. Separate bedchambers replaced bed-sitting
rooms. Bedrooms all led out of each other. The lady's chamber was next
to her lord's chamber, and her ladies' chambers were close to her
chamber. But curtains on the four-poster beds with tops provided privacy
and warmth. Beds had elaborately carved bedsteads, sheets, and a feather
cover 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
chamber pot or a stool with a hole over a bucket for nighttime use, and
also fragrant flowers to override the unpleasant odors. The chamber pots
and buckets were emptied into cesspits. A large set of lodgings had
attached to it latrines consisting of a small cell in which a seat with
a hole was placed over a shaft which connected to a pit or a drain. The
servants slept in turrets or attics. Elizabeth had a room just for her
bath.



	Breakfast was substantial, with meat, and usually eaten in one's
bedroom. The great hall, often hung around with bows, pikes, swords, and
guns, was not abandoned, but the family took meals there only on rare
occasions. Instead they withdrew to a parlor, for domestic use, or the
great chamber, for entertaining. Parlors were situated on the ground
floor: the family lived and relaxed there, and had informal meals in a
dining parlor.



	More than medieval castles and manor houses, mansions were designed
with privacy in mind. The formal or "state" rooms were on the first
floor above the ground floor, usually comprising a great chamber, a
withdrawing chamber, one or more bedchambers, and a long gallery. Each
room had carved chairs and cabinets. Taking a meal in the great chamber
involved the same ceremonial ritual as in the manorial great chamber
dating from the 1400s. The table was covered with a linen cloth. The
lady of the house sat in a chair at the upper end of the table and was
served first. People of high rank sat at her end of the table "above"
the fancy silver salt cellar and pepper. People of low rank sat "below"
it near the other end of the table. Grace was said before the meal. Noon
dinner and supper were served by cupbearer, sewer, carver, and
assistants. Fine clear Italian glass drinking vessels replaced even gold
and silver goblets. Food was eaten from silver dishes with silver
spoons. Some gentry used two-pronged forks. Meats were plentiful and
varied: e.g. beef, mutton, veal, lamb, kid, pork, hare, capon, red deer,
fish and wild fowl as well as the traditional venison and brawn [boar].
Kitchen gardens and orchards supplied 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, almonds,
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, capers, spinach, sorrel, lettuce, parsley,
mustard, cress, sage, tarragon, fennel, thyme, mint, savory, rhubarb,
and medicinal herbs. The well-to-do started to grow apricots, peaches,
and oranges under glass. Sugar was used to make sweet dishes. Toothpicks
made of brass or silver or merely a stiff quill were used. After the
meal, some men and women were invited for conversation in a withdrawing
or drawing chamber. Some might take a walk in the gardens. After the
upper table was served, the food was sent to the great hall to the
steward and high household officers at the high table and other
servants: serving men and women, bakers, brewers, cooks, pot cleaners,
laundresses, shepherds, hogherds, dairy maids, falconers, huntsmen, and
stable men. What was left was given to the poor at the gates of the
house. Great chambers were used primarily for meals, but also for music;
dancing; plays; masques; playing cards, dice, backgammon, or chess; and
daily prayers if there was no chapel.



	Without the necessity of fortifications, the estate of a noble or
gentleman could spread out to include not only a garden for the kitchen,
but extensive orchards and beautiful formal gardens of flowers and
scrubs, sometimes with fountains and maybe a maze of hedges. Trees were
planted, pruned, and grafted onto each other.



	Householders had the responsibility to teach their family and servants
religion and morals, and often read from the Bible to them. Many thought
that the writers of the Bible wrote down the exact words of God, so the
passages of the Bible should be taken literally. 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. Young couples often lived with the parents
of one of them. Chandeliers of candles lit rooms. There were sandglass
clocks. Popular home activities included reading, conversation,
gardening, and music-making. Smoking tobacco from a clay pipe and taking
snuff became popular with men. For amusement, one of the lord's
household would take his place in managing the estate for twelve days.
He was called the "lord of misrule", and mimicked his lord, and issued
comic orders. Clothes were washed in rivers and wells. At spring
cleanings, windows were opened, every washable surface washed, and
feather beds and pillows exposed to the sun.



	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 simple farmers slept on feather beds on bed
frames with pillows, sheets, blankets, and coverlets. Loom tapestry and
painted cloth was hung 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 at a
wall. 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. Sometimes dogs were used to turn a spit by continual
running in a treadmill. Some people lived in hovels due to the custom in
many places that a person could live in a home he built on village waste
land if he could build it in one night.



	Yeomen farmers still worked from dawn to dusk. 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. So 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. There was a scarcity of
fruits and vegetables that adversely affected the health of the affluent
as well as of the poor due to the overall decline in farming. During
winter, there were many red noses and coughing. Farmers' wives used
looms as well as spinning wheels with foot treadles.



	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 to
16s. 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. Elizabeth made several proclamations ordering the
enclosure of certain enclosed land to be destroyed and the land returned
to tillage. Windmills now had vanes replacing manual labor to change the
position of their sails when the wind direction changed. 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. Over 50%
of the population were on the margin of subsistence. 90% of the
population lived in the countryside and 5% in the London and 5% in the
other towns. Life expectancy was about 40 years of age. Over 50% were
under the age of 23, while only about 9% were over 60. Fluctuations in
rates of population growth were traceable back to bad harvests and to
epidemics and the two were still closely related to each other: "first
dirth and then plague".



	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. The
suburbs of the City of London grew in a long line along the river; on
the west side were noblemen's houses on both sides of the Strand. East
of the Tower was a seafaring and industrial population. Goldsmiths' Row
was replete with four story houses. A few wealthy merchants became
money- lenders for interest, despite the law against usury. 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 booksellers. 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 lived 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. The pigs could still wander through the streets. Hyde
Park was the Queen's hunting ground. London had a small zoo of ten
animals, including a lion, tiger, lynx, and wolf.



	London was England's greatest manufacturing city. By 1600 the greatest
trading companies in London ceased to be associated only with their
traditional goods and were dominated by merchants whose main interest
was in the cloth trade. Ambitious merchants joined a livery company to
become freemen of the city and for the status and social benefits of
membership. The companies still made charitable endowments, had funeral
feasts, cared for the welfare of guild members, and made lavish displays
of pageantry. They were intimately involved with the government of the
city. They supplied members for the Court of Aldermen, which relied on
the companies to maintain the City's emergency grain stores, to assess
and collect taxes, to provide loans to the Crown, to control prices and
markets, to provide armed men when trouble was expected, and to raise
armies for the Crown at times of rebellion, war, or visits from foreign
monarchs. From about 1540 to 1700, there were 23% involved in cloth or
clothing industries such as weavers, tailors, hosiers, haberdashers, and
cappers. 9% were leatherworkers such as skinners; tanners; those in the
heavy leather crafts such as shoemakers, saddlers, and cobblers; and
those in the light leather crafts such as glovers and pursers. Another
9% worked in metals, such as the armorers, smiths, cutlers, locksmiths,
and coppersmiths. 8% worked in the building trades. The victualing
trades, such as bakers, brewers, butchers, costermongers [sold fruit and
vegetables from a cart or street stand], millers, fishmongers,
oystermen, and tapsters [bartender], grew from 9% before 1600 to 16% by
1700. Of London's workforce, 60% were involved in production; 13% were
merchants before 1600; 7% were merchants by 1700; 7% were transport
workers such as watermen, sailors, porters, coachmen, and shipwrights;
and 5-9% were professionals and officials (this number declining). Life
in London was lived in the open air in the streets. The merchant
transacted business agreements and the attorney 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, including gentlemen's
valets, groceries, spirits, books, and loans, which continued even
during the daily service. 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 their shoulders from the Thames River
or its conduits to the inhabitants three gallons at a time. A gentleman
concocted an engine to convey Thames water by lead pipes up into men's
houses in a certain section of the city. In 1581, a man took out a lease
on one of the arches of London Bridge. There he built a waterwheel from
which he pumped water to residents who lived beside the bridge.
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 later sell. 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, salters, haberdashers,
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.



	About 1571, mercer and Merchant Adventurer Thomas Gresham established
the Royal Exchange as a place for merchants and brokers to meet for
business purposes. It became the center of London's business life. Its
great bell rang at midday and at 6 p.m. Its courtyard was lined with
shops that rented at 50s. yearly and became a popular social and
recreational area. Gresham formulated his law that when two kinds of
money of equal denomination but unequal intrinsic value are in
circulation at the same time, the one of greater value will tend to be
hoarded or exported, i.e. bad money will drive good money out of
circulation.



	The work-saving knitting frame was invented in 1589 by minister William
Lee; it knit crosswise loops using one continuous yarn and was operated
by hand. The stocking knitters, who knitted by hand, put up a bitter
struggle against its use and chased Lee out of the country. But it did
come into use. Some framework stocking knitters paid frame rent for the
use of their knitting frames. Frame knitting became a scattered
industry.



	By 1600 basement services were frequently found in town houses built on
restricted sites in London. 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 cash 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 incense.
Refuse was emptied out of front doors and shoveled into heaps on street
corners. It was then dumped into the Thames or along the highways
leading out of town. People put on perfume to avoid the stench. By 1600,
the first toilet and water closet, where water flushed away the waste,
was built. This provided a clean toilet area all year round. But these
toilets were not much used because of sewer smells coming from them. The
sky above London was darkened somewhat by the burning of coal in houses.



	Taverns served meals as well as ale. They were popular meeting places
for both men and women of all backgrounds to met their friends. Men went
to taverns for camaraderie and to conduct business. Women usually went
to taverns with each other. 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.



	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. Crime was rampant in the streets and criminals were
executed near to the crime scene.



	There were a few horse-drawn coaches with leather flaps or curtains in
the unglazed windows to keep out the weather. The main thoroughfare in
London was still the Thames River. Nobles, peers, and dignitaries living
on the Thames 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 Thames for a fee.
In Southwark were theaters, outlaws, cutpurses, prostitutes, and
prisons. In 1550 Southwark became the 26th and last ward of London. In
the summer, people ate supper outside in public.



	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.



	Elizabeth had good judgment in selecting her ministers and advisors for
her Privy Council, which was organized like Henry VIII's Privy Council.
The Queen's Privy Council of about twelve ministers handled foreign
affairs, drafted official communiques, issued proclamations, supervised
the county offices: the 1500 Justices of the Peace, chief constables,
sheriffs, lord lieutenants, and the county militias. It 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. It
banned the eating of meat two days a week so that the fishing industry
and port towns would prosper. When grain was scarce in 1596, Elizabeth
made a proclamation against those ingrossers, forestallers, and
ingraters of grain who increased its price by spreading false rumors
that it was scarce because much of it was being exported, which was
forbidden. 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.



	Elizabeth did not allow any gentleman to live in London purely for
pleasure, but sent those not employed by the Court back to their country
manors to take care of and feed the poor of their parishes. Her
proclamation stated that "sundry persons of ability that had intended to
save their charges by living privately in London or towns corporate,
thereby leaving their hospitality and the relief of their poor
neighbors, are charged not to break up their households; and all others
that have of late time broken up their households to return to their
houses again without delay." She never issued a license for more than
100 retainers. She was partially successful in stopping Justices of the
Peace and sheriffs from wearing the liveries of great men. She continued
the policy of Henry VII to replace the rule of force by the rule of law.
Service of the crown and influence at court became a better route to
power and fortune than individual factions based on local power
structures. At the lowest level, bribery became more effective than
bullying. The qualities of the courtier, such as wit, and the lawyer
became more fashionable than the qualities of the soldier.



	Most of the men in Elizabeth's court had attended a university, such as
Francis Bacon, son of the Lord Keeper, who became a writer, attorney,
member of the Commons, and experimental philosopher; and Walter Ralegh,
the writer and sea fighter, 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. Instead of the office of Chancellor, which was the highest
legal office, Elizabeth appointed a man of common birth to be Lord
Keeper of the Great Seal; she never made a Lord Keeper a peer. Elizabeth
encouraged her lords to frankly make known their views to her, in public
or in private, before she decided on a course of action. She had
affectionate nicknames for her closest courtiers, and liked to make
puns. The rooms of the Queen were arranged as they had been under Henry
VIII: the great hall was the main dining room where the servants ate and
which Elizabeth attended on high days and holidays; the great chamber
was the main reception room, where her gentlemen and yeomen of the guard
waited; the presence chamber was where she received important visitors;
beyond lay her privy chamber and her bedchamber. She ate her meals in
the privy chamber attended only by her ladies. She believed that a light
supper was conducive to good health. The Lord Chamberlain attended the
Queen's person and managed her privy chamber and her well-born grooms
and yeomen and ladies-in-waiting. The Lord Steward managed the domestic
servants below the stairs, from the Lord Treasurer to the cooks and
grooms of the stable. 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.
Courtiers adopted symbolic "devices" as statements of their reaction to
life or events, e.g. a cupid firing arrows at a unicorn signified
chastity under attack by sexual desire. They carried them enameled on
jewels, had them painted in the background of their portraits, and
sometimes had them expressed on furniture, plate, buildings, or food.



	The authority of the Queen was the authority of the state. Elizabeth's
experience led her to believe that it was most important for a monarch
to have justice, temperance, magnanimity, and judgment. She claimed that
she never set one person before another, but upon just cause, and had
never preferred anyone to office for the preferrer's sake, but only when
she believed the person worthy and fit for the office. She never blamed
those who did their best and never discharged anyone form office except
for cause. Further, she had never been partial or prejudiced nor had
listened to any person contrary to law to pervert her verdicts. She
never credited a tale that was first told to her and never corrupted her
judgment with a censure before she had heard the cause. She did not
think that the glory of the title of monarch made all she did lawful. To
her, clemency was as eminent in supreme authority as justice and
severity.



	Secular education and especially the profession of law was now 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. They signed with an "x", which represented the
Christian cross and signified its solemnity. Children of the poor were
expected to work from the age of 6 or 7.



	The next stage of education was grammar [secondary] school or a private
tutor. 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. As a result, they wrote English in
a Latin style. Literary criticism was learned through rhetoric. There
were disputations on philosophical questions such as how many angels
could sit on a pin's point, and at some schools, orations. The students
sat in groups around the hall for their lessons. The boys and some girls
were also taught hawking, hunting and archery. There were no
playgrounds. The grammar student and the undergraduate were tested for
proficiency by written themes and oral disputations, both in Latin. The
middle classes from the squire to the petty tradesman were brought into
contact with the works of the best Greek and Roman writers. The best
schools and many others had the students read Cicero - the "De
Officiis", the epistles and orations; and some of Ovid, Terence,
Sallust, Virgil, some medieval Latin works, the "Distichs" of Cato, and
sometimes Erasmus and Sir Thomas More. The students also had to repeat
prayers, recite the Lord's Prayer and the Ten Commandments, and to
memorize catechisms. Because the students came from the various social
classes such as gentlemen, parsons, yeomen, mercers, and masons, they
learned to be on friendly and natural terms with other classes. A
typical school-day lasted from 7:00 AM  to 5:00 PM. There were so many
grammar schools founded and financed by merchants and guilds such as the
Mercers and Fishmongers that every incorporated town had at least one.
Grammar schools were headed by schoolmasters, who were licensed by the
bishop and paid by the town. Flogging with a birch rod was used for
discipline. However, the grammar schools did not become the breeding
grounds for humanist ideas because the sovereigns were faced with
religious atomism and political unrest, so used the grammar schools to
maintain public order and achieve political and religious conformity.



	Many grammar schools had preparatory classes called "petties" for boys
and girls who could not read and write to learn to do so. The girls did
not usually stay beyond the age of nine. This was done by a
schoolmaster's assistant, a parish clerk, or some older boys.



	Some founders of grammar schools linked their schools with particular
colleges in the universities following the example of Winchester being
associated with New College, Oxford; and Eton with King's College,
Cambridge. The new charter of Westminster in 1560 associated the school
with Christ Church, Oxford and Trinity College, Cambridge.



	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. 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. Oxford was authorized to and did acquire its own printing press.
Undergraduate students entered about age 16 and resided in rooms in
colleges rather than in scattered lodgings. The graduate fellows of the
college who were M.A.s of under three years standing had the
responsibility, instead of the university, for teaching the
undergraduates. This led many to regard their fellowship as a position
for life rather than until they completed their post-graduate studies.
But they were still required to resign on marrying or taking up an
ecclesiastical benefice. The undergraduates were fee-paying members of
the college or poor scholars. Some of the fee-paying members or
gentlemen-commoners or fellow-commoners were the sons of the nobility
and gentry and even shared the fellows' table. The undergraduate
students were required to have a particular tutors, who were responsible
for their moral behavior as well as their academic studies. It was
through the tutors that modern studies fit for the education of a
Renaissance gentleman became the norm. Those students not seeking a
degree could devise their own courses of study with their tutors’
permission. Less than about 40% stayed long enough to get a degree. 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.



	In addition to the lecturing of the M.A.s and the endowed university
lectureships, the university held exercises every Monday, Wednesday, and
Friday in which the student was meant through disputation, to apply the
formal precepts in logic and rhetoric to the practical business of
public speaking and debate. Final examinations were still by
disputation. The students came to learn to read Latin easily. 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. However, from this time until 1945, a
young man's university days were regarded as a period for the "sowing of
wild oats".



	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, instead of just leading to becoming a
better disputant. The emphasis on manners came mostly from an Italian
influence. 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, 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, history,
law, moral and political philosophy, modern languages, and ethics
(domestic principles of government, military history, diplomatic
history, and public principles of government), and mathematics
(arithmetic, geometry, algebra, music, optics, astronomy). The astronomy
taught was that of Ptolemy, whose view was that the celestial bodies
revolved around a spherical earth, on which he had laid out lines of
longitude and latitude. There were lectures on Greek and Latin
literature, including Aristotle, Plato, and Cicero. There were no
courses on English history in the universities.



	About 1564, the curriculum was changed to two terms of grammar, four
terms of rhetoric, five terms of dialectic (examining ideas and opinions
logically, e.g. ascertaining truth by analyzing words in their context
and equivocations), three terms of arithmetic, and two terms of music.
There were now negative numbers, irrational numbers such as square roots
of non-integers, and imaginary numbers such as square roots of negative
numbers. The circumference and area of a circle could be computed from
its radius, and the Pythagorean theorem related the three sides of a
right triangle. Also available were astrology, alchemy (making various
substances such as acids and alcohols), 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. Students
were called to dinner by a horn. Only young gentry were admitted there.
A year's residence there after university gave a gentleman's son enough
law to decide disputes of tenants on family estates or to act as Justice
of the Peace in his home county. A full legal education gave him the
ability to handle all family legal matters, including property matters.
Many later became Justices of the Peace or members of Parliament.
Students spent two years in the clerks' commons, and two in the masters'
commons. Besides reading textbooks in Latin, the students observed at
court and did work for practicing attorneys. After about four more
years' apprenticeship, a student could be called to the outer bar. There
was a real bar of iron or wood separating the justices from the
attorneys and litigants. As "Utter Barrister" or attorney, he would
swear to "do no falsehood in the court, increase no fees but be
contented with the old fees accustomed, delay no man for lucre or
malice, but use myself in the office of an Attorney within the Court
according to my learning and discretion, so help me God, Amen". Students
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. After about eight years' experience, attorneys could become
Readers, who gave lecturess; or Benchers, who made the rules. Benchers,
who were elected by other Benchers, were entrusted with the government
of their Inn of Court, and usually were King's counsel. Five to ten
years later, a few of these were picked by the Queen for Serjeant at
Law, and therefore eligible to plead at the bar of common pleas.
Justices were chosen from the Serjeants at Law.



	Gresham left the Royal exchange to the city and the Mercer's Company on
condition that they use some of its profits to appoint and pay seven
lecturers in law, rhetoric, divinity, music, physics, geometry, and
astronomy to teach at his mansion, which was called Gresham College.
They were installed in 1598 according to his Will. Their lectures were
free, open to all, and often in English. They embraced mathematics and
new scientific ideas and emphasized their practical applications. A
tradition of research and teaching was established in mathematics and
astronomy.



There were language schools teaching French, Italian, and Spanish to the
aspiring merchant and to gentlemen's sons and daughters.



	Many people kept diaries. Letter writing was frequent at court. Most
forms of English literature were now available in print. Many ladies
read aloud to each other in reading circles and to their households.
Some wrote poetry and did translations. 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". Gentlemen read books on the ideals of gentlemanly conduct,
such as "Institucion of a Gentleman" (1555), and Laurence Humphrey's
"The Nobles: or of Nobilites". Francis Bacon's "Essays or Counsels Civil
and Moral" were popular for their wisdom. In them he commented on many
subjects from marriage to atheism. He cautioned against unworthy
authority, mass opinion, custom, and ostentation of apparent wisdom. He
urged the use of words with their correct meaning.



	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
copyrighted, although non-gentlemen writers needed a patron. At the
lowest level of literacy were ballads. 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, apocryphal, 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. (Schools had rights of printing). It
could burn other books and imprison their printers.



	Italian business techniques were set forth in textbooks for merchants,
using Italian terms of business: debit (debito), credit (credito),
inventory (inventorio), journal (giornal), and cash (cassa). The
arithmetic of accounting operations, including multiplication, was
described in "An Introduction for to Lerne to Reckonwith the Penne or
Counters" in 1537. Accounting advice was extended to farmers as well as
merchants in the 1569 "The Pathway to Perfectness in the Accomptes of
Debitor and Creditor" by James Peele, a salter of London. It repeated
the age-old maxim: ...receive before you write, and write before you
pay, So shall no part of your accompt in any wise decay. The 1589
"Marchants Avizo" by Johne Browne, merchant of Bristol, gave information
on foreign currencies and keeping of accounts, and included specimens of
various business documents such as insurance policies, and bills of
exchange. It also advised: Take heed of using a false balance or
measure...covet not over familiarity amongst men it maketh thee spend
much loss of time. Be not hasty in giving credit to every man, but take
heed to a man that is full of words, that hath red eyes, that goeth much
to law, and that is suspected to live unchaste ... When thou promiseth
anything be not stuck to perform it, for he that giveth quickly giveth
double ... Fear God...know thy Prince...love thy parents ...give
reverence to thy betters ...be courteous and lowly to all men... be not
wise in thine own conceit. The old prohibitions of the now declining
canon law were still observed. That is, one should not seek wealth for
its own sake or beyond what was requisite for a livelihood in one's
station, exploit a customer's difficulties to extract an extravagant
price, charge excessive interest, or engross to "corner the market".



	The printing press had made possible the methodizing of knowledge and
its dissemination to a lay public. Knowledge associated with the various
professions, occupations, and trades was no longer secret or guarded as
a mystery, to be passed on only to a chosen few. The sharing of
knowledge was to benefit the community at large. Reading became an
out-of-school activity, for instruction as well as for pleasure.



	In 1565, graphite was discovered in England, and gave rise to the
pencil. Surveying accuracy was improved with the new theodolite, which
determined directions and measured angles and used a telescope that
pivoted horizontally and vertically. Scientists had the use of an air
thermometer, in which a column of air in a glass tube sitting in a dish
of water contracted or expanded with changes in the temperature, causing
the water to move up or down the tube.



	William Shakespeare, a glovemaker'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 before had been performed at inns. The
audience applauded and hissed. 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. Elizabeth issued a
proclamation forbidding unlicensed interludes or plays, especially
concerning religion or government policy on pain of imprisonment for at
least fourteen days. 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 with singing was
a popular pastime after supper; everyone was expected to participate.
Dancing was popular with all classes. Gentlemen played cards, dice,
chess, billiards, and tennis. They fenced and had games on horseback.
Their deer-hunting diminished as forests were cut down for agriculture
and the deer were viewed as an enemy eating crops. Falconry diminished
as hedges and enclosures displaced the broad expanses of land.



	Country people enjoyed music, dancing, pantomime shows with masks,
hurling, running, swimming, leap frog, blind man's buff, shovelboard
played with the hands, and football between villages with the goal to
get the ball into one's own village. Football and shin-kicking matches
often resulted in injuries. They bought ballads from traveling peddlers.
Early morning dew gathered in May and early June was thought to have
special curative powers. There were many tales involving fairies,
witches, devils, ghosts, evil spirits, angels, and monsters which were
enjoyed by adults as well as children. Many people still 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. Good witches cured and
healed. 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. Unemployment was
widespread.



	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. Elizabeth continued the practice of touching people to
cure scrofula, although she could not bring herself to fully believe in
the reality of such cures, contrary to her chaplain and her physician.



	In the towns, shop shutters were let down to form a counter at the
front of the shop. Goods were made and/or stored inside the shop. 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. There was an outbreak of plague in London
roughly every ten years.



	There was a pity for the distressed that resulted in towns voting money
for a people of a village that had burned down or been decimated by the
plague.



	Communities were taxed for the upkeep and relief of the prisoners in
the gaols in their communities.



	Queen Elizabeth was puzzling over the proper relationship between the
crown and the church when Richard Hooker, a humble scholar, theologian,
and clergyman, attempted to find a justification in reason for the
establishment of the Church of England as an official part of the
governing apparatus of the nation. His thinking was a turning point from
the medieval notion that God ordered society, including the designation
of its monarch and its natural laws, and the belief in a divine
structure with a great chain of being, beginning with God and working
down through the hierarchy of angels and saints to men, beasts, and
vegetables, which structure fostered order in society. Hooker restated
the concept of Aristotle that the purpose of society is to enable men to
live well. He wrote that although the monarch was head of state and head
of religion, the highest authority in civil affairs was Parliament, and
in religion, the Convocation. The monarch had to maintain divine law,
but could not make it. From this later came the idea that the state
derives its authority from the will of the people and the consent of the
governed.



	Protestant women had more freedom in marriage and were allowed to
participate in more church activities compared to Catholic women, but
they were not generally allowed to become pastors. Due to sensitivities
on the part of both Catholics and Protestants about a female being the
head of the church, Elizabeth was given the title of "Supreme Governor"
of the church instead of "Supreme Head". 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.
Images, relics, pilgrimages, and rosaries were discouraged. But the
Catholic practice of kneeling at prayer, and bowing and doffing caps at
the name of Jesus were retained. Also retained was the place of the
altar or communion table at the east end of churches, special communion
wafers instead of common bread, and elaborate clergy vestments. The
communion prayer contained words expressing both the Catholic view that
the wafer and wine contained the real presence of the body and blood of
Christ, and the Protestant view that they were commemorative only.
Communion was celebrated only at Easter and other great festivals.
Church services included a sermon and were in accordance with a reformed
prayer book and in English, as was the Bible. Care was even taken not to
use words that would offend the Scots, Lutherans, Calvinists, or
Huguenots. People could hold what religious beliefs they would, even
atheism, as long as they maintained an outward conformity. Attendance at
state church services on Sunday mornings and evenings and Holydays was
enforced by a fine of 12d. imposed by the church wardens. Babies were to
be baptized before they were one month old or the parents would be
punished.



	The new religion had to be protected. Members of the House of Commons,
lawyers, schoolmasters were to take the oath of supremacy or be
imprisoned and make a forfeiture; a second refusal brought death. When
numerous Anabaptists came from the continent to live in the port towns,
the Queen issued a proclamation ordering them to leave the realm because
their pernicious opinions could corrupt the church. The new church still
accepted the theory of the devil causing storms, but opposed ringing the
holy church bells to attempt to drive him away. The sins of people were
also thought to cause storms, and also plagues.



	In 1562, the Church of England wrote down its Christian Protestant
beliefs in thirty-nine Articles of Religion, which specifically excluded
certain Catholic beliefs. They were incorporated into statute in 1571
establishing them as the tenets of the official religion of England. The
first eighteen endorsed the ideas of one God, Christ as the son of God
who was sacrificed for all the sins of men, the resurrection of Christ
from the dead and ascension into heaven, the Holy Ghost proceeding from
the father and the son, the books of the Bible, the original sin of Adam
and his offspring, justification of man by faith in Christ rather than
by good works, goods works as the inspired fruit and proof of faith in
Christ, Christ in the flesh as like man except for the absence of sin,
the chance for sinners who have been Baptised to be forgiven if they
truly repent and amend their lives, the predestination of some to be
brought by Christ to eternal salvation and their minds to be drawn up to
high and heavenly things, and salvation only by the name of Christ and
not by a sect. Other tenets described the proper functions of the
church, distinguishing them from Roman Catholic practice. Specifically,
the church was not to expound one place of scripture so that it was
inconsistent with another place of scripture. Because man can err, the
church was not to ordain or enforce anything to be believed for
necessity of salvation. Explicitly renounced were the Romish doctrine
concerning purgatory, pardons, worshipping, adoration of images or
relics, invocation of saints, and the use in church of any language,
such as Latin, not understood by the people. Only the sacraments of
Baptism and the Lord's Supper were recognized. The Lord's Supper was to
be a sign of the love that Christians ought to have among themselves and
a sacrament of redemption by Christ's death. The wine in the cup of
blessing as well as the bread of the Lord's Supper was to be taken by
lay- people and to be a partaking of Christ; there was no Romish mass.
Excommunication was limited to those who openly denounced the church.
Anyone openly breaking the traditions or ceremonies of the church which
were approved by common authority were to be rebuked. Elizabeth told the
bishops that she wished certain homilies to be read in church, which
encouraged good works such as fasting, prayer, alms-giving, Christian
behavior, repentance, and which discouraged idolatry, gluttony,
drunkenness, excess of apparel, idleness, rebellion, and wife-beating,
however provoked. She considered homilies more instructive and learned
than ministers' sermons, which were often influenced by various
gentlemen and were inconsistent with each other. Consecration of bishops
and ministers was regulated. They were allowed to marry. The standard
prayer was designated thus: "Our Father who art in heaven, hallowed be
Thy name. Thy kingdom come. Thy will be done, on earth as it is in
heaven. Give us this day our daily bread, and forgive us our offenses as
we forgive those who have offended against us. And lead us not into
temptation, but deliver us from evil. For Thine is the kingdom, the
power, and the glory forever and ever, amen."



	There was difficulty persuading educated and moral men to be church
ministers, even though Elizabeth expressed to the bishops her preference
for ministers who were honest and wise instead of learned in religious
matters. The Bible was read at home and familiar to everyone. This led
to the growth of the Puritan movement. The Puritans believed in the
right of the individual Christian to interpret the Scriptures for
himself by spiritual illumination. They opposed the mystical
interpretation of the Communion service. The Puritans complained that
the church exerted insufficient control over the morals of the
congregation. Their ideas of morality were very strict and even plays
were thought to be immoral. The Independent Puritans were those
Protestants who had fled from Mary's Catholic reign to the continent,
where they were persuaded to the ideas of John Calvin of Geneva. He
stressed the old idea of predestination in the salvation of souls, which
had in the past been accepted by nearly all English Christian leaders,
thinkers, and teachers, but not stressed. The act of conversion was a
common experience among the early Puritans. The concomitant hatred of
past sins and love of God which was felt in thankfulness for mercy were
proof of selection for salvation. The good works that followed were
merely an obligation showing that one's faith was real, but not a way to
salvation.



	The puritans also accepted Calvin's idea of independent church
government. They therefore thought that ministers and lay elders of each
parish should regulate religious affairs and that the bishops, who were
"petty popes", should be reduced to an equality with the rest of the
clergy, since they did not rule by divine right. The office of
archbishop should be eliminated and the head of state should not
necessarily be governor of the church. These ideas were widely
disseminated in books and pamphlets. The puritans disrupted the
established church's Sunday services, tearing the surplice off the
minister's back and the wafers and wine from the altar rail. The
puritans arranged "lectures" on Sunday afternoons and on weekdays. These
were given gratuitously or funded by boroughs. They were strict about
not working on the Sabbath, which day they gave to spiritual exercises,
meditations, and works of mercy. The only work allowed was preparing
meals for themselves, caring for their animals, and milking the cows.
They enforced a strict moral discipline on themselves. The puritans
formed a party in the House of Commons.



	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. After
exhausting every other alternative, the Queen had reluctantly agreed
with her Privy Council on the execution in 1572 of Mary, Queen of Scots,
who had been involved in a plot to assassinate her and claim the throne
of England. Elizabeth’s Council had persuaded her that it was
impossible for her to live in safety 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 of inventors. Others established
trading companies for trade to certain foreign lands and supporting
consular services. People holding monopolies were accountable to the
government. There were monopolies on certain smoked fish, fish oil, seal
oil, oil of blubber, vinegar, salt, currants, aniseed, juniper berry
liquor, bottles, glasses, brushes, pots, bags, cloth, starch, steel,
tin, iron, cards, horn, ox shinbones, ashes, leather pieces, earth coal,
calamite stone, powder, saltpeter, and lead manufacturing by-products.



	For far-flung enterprises and those where special arrangements with
foreign countries was required, there was sharing of stock of companies,
usually by merchants of the same type of goods. In joint-stock companies
each member took a certain number of shares and all the selling of the
goods of each merchant was carried on by the officials of the company.
The device of joint stock might take the form of a fully incorporated
body or of a less formal and unincorporated syndicate. The greatest
joint-stock company was East India Company, chartered in 1600 to trade
there in competition with the Dutch East India Company. It was given a
fifteen year monopoly on trade east of the southern tip of Africa.
Unlike the Muscovy Company, and Merchants of the Staple, individual
members could not trade on their own account, but only through the
corporate body on its voyages. Each particular voyage was regulated and
assisted by the Crown and Privy Council, for instance when further
subscriptions were needed, or when carpenters were needed to be pressed
into service for fitting out ships, or to deal with an unsuccessful
captain. Its charter retained many of the aspects of the medieval trade
guild: power to purchase lands, to sue and be sued, to make by-laws, and
to punish offenders by fine or imprisonment. Admission was by purchase
of a share in a voyage, redemption, presentation, patrimony (adult sons
of members), and apprenticeship. Purchase of a share in a voyage was the
most common method. A share for the first ship cost one hundred pounds.
Cash payments for less than the price of a share could be invested for
ultimate redemption. Occasionally presentation or a faculty "for the
making of a freeman" was granted to some nobleman or powerful member.
Members' liability was limited to their individual subscriptions. Each
voyage had 1) a Royal Commission authorizing the Company to undertake
the expedition and vesting in its commanders powers for punishing
offenses during the voyage, and quenching any mutiny, quarrels, or
dissension that might arise; 2) a code of instructions from the Company
to the Admiral and to commanders of ships setting forth in great detail
the scope and objects of the voyage together with minute regulations for
its conduct and trade; 3) authorization for coinage of money or export
of specie (gold or silver); and 4) letters missive from the sovereign to
foreign rulers at whose ports the ships were to trade. The first voyage
brought back spices that were sold at auction in London for ten times
their price in the Indies and brought to shareholders a profit
equivalent to 9 1/2% yearly for the ten years when the going interest
rate was 8% a year.



	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 of London. 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. It was controlled by a group of rich Londoners, no more than
50, who owned the bulk of the cloth exported. There were policies of
insurance given by groups of people for losses of ships and their goods.
Marine insurance was regulated.



	New companies were incorporated for many trades. They were associations
of employers rather than the old guilds which were associations of
actual workers. The ostensible reason was the supervision of the quality
of the wares produced in that trade, though shoemakers, haberdashers,
saddlers, and curriers exercised close supervision over these
wares.Companies 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.



	With enclosure of agricultural land there could be more innovation and
more efficiency, e.g. the time for sowing could be chosen. It was easier
to prevent over-grazing and half-starved animals as a result. The
complications of the open system with its endless quarrels and lawsuits
were avoided. Now noblemen talked about manure and drainage, rotation of
crops, clover, and turnips instead of hunting, horses, and dogs. The
breed of horses and cattle was improved. There were specializations such
as the hunting horse and the coach horse. By royal proclamation of 1562,
there were requirements for the keeping of certain horses. For instance,
everyone with lands of at least 1,000 pounds had to keep six horses or
geldings able for demi-lances [rider bearing a light lance] and ten
horses or geldings for light horsemen [rode to battle, but fought on
foot]. One with under 100 pounds but over 100 marks yearly had to keep
one gelding for a light horseman. 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
fertilize the soil. Hay became a major crop because it could be grown on
grazing lands and required little care.



	There are new and bigger industries such as glassware, iron,
brasswares, alum and coppers, gunpowder, paper, coal, and sugar. The
coal trade was given a monopoly. Coal was used for fuel as well as wood,
which was becoming scarce. Iron smelters increasingly used coal instead
of charcoal, which was limited. Iron was used for firebacks, pots, and
boilers. Good quality steel was first produced in 1565 with the help of
German craftsmen, and a slitting mill was opened in 1588. Small metal
goods, especially cutlery, were 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. Competition was the mainspring of
trade and therefore of town life.



	The mode of travel of the gentry was riding horses, but most people
traveled by walking. People carried passes for travel that certified
they were of good conduct and not a vagrant or sturdy rogue. Bands of
roving vagabonds terrorized the countryside. After a land survey
completed in 1579 there arose travel books with maps, itineraries, and
mileage between towns in England and Wales. Also, the Queen sent her
official mail by four royal postal routes along high roads 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. The nation's inland trade developed a lot. There were
many more wayfaring traders operating from town inns. In 1564, the first
canal was built with locks at Exeter. More locks and canals facilitated
river travel. At London Bridge, waterwheels and pumps were installed.



	New sea navigation techniques improved voyages. Seamen learned to fix
their positions, using an astrolabe or quadrant to take the altitude of
the sun and stars and to reckon by the north star. They used a
nocturnal, which was read by touch, to help keep time at night by taking
the altitude of the stars. They calculated tides. To measure distances,
they invented the traverse board, which was bored with holes upon lines,
showing the points of the compass; by means of pegs, the steersman kept
an account of the course steered. A log tied to a rope with knots at
equal intervals was used to measure speed. There were compasses with a
bearing dial on a circular plate with degrees up to 360 noted thereon.
Seamen had access to compilations of Arab mathematicians and astronomers
and to navigational manuals and technical works on the science of
navigation and the instruments necessary for precision sailing. For
merchants there were maps, books about maps, cosmographical surveys, and
books on the newly discovered lands. In 1569 John Mercator produced a
map taking into account the converging of the meridians towards the
pole. On this chart, a straight line course would correspond to a
mariner's actual course through the water on the earth's sphere, instead
of having the inaccuracies of a straight line on a map which suggested
that the world was flat. It was in use by 1600.



	In 1600 William Gilbert, son of a gentleman, and physician to Queen
Elizabeth, wrote a book on the magnetic properties of the earth. He
cultivated the method of experiment and of inductive reasoning from
observation and insisted on the need for a search for knowledge not in
books but in things themselves. He showed that the earth was a great
magnet with a north pole and a south pole, by comparing it to lodestones
made into spheres in which a north and south pole could be found by
intersecting lines of magnetism indicated by a needle on the stone. The
vertical dip of the needle was explained by the magnetic attraction of
the north pole. He showed how a lodestone's declination could be used to
determine latitude at sea. He showed how the charge of a body could be
retained for a period of time by covering the body with some
non-conducting substance, such as silk. He distinguished magnetism from
electricity, giving the latter its name. He discovered that atmospheric
conditions affected the production of electricity, dryness decreasing
it, and moisture increasing it. He expounded the idea of Copernicus 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.



	Christmas was an especially festive time of good fellowship. People
greeted each other with "Good cheer", "God be with you", or "Against the
new year". Carols were often sung and musicians played many tunes. There
was dancing and gambling. There were big dinners with many kinds of meat
and drink. A hearty fire heated all the house. Many alms were given to
beggars.



	Parliament enacted laws and voted taxes. The Queen, House of Lords, and
House of Commons cooperated together. There was relatively little
dissension or debating. Bills in the House of Lords were read, voted on,
discussed, and passed with the lords, peers, bishops, and justices
sitting in their places according to their degree. The justices sat on
the wool sacks. A bar separated this area from the rest of the room,
where the members of the commons stood. There were many bills concerning
personal, local, or sectional interests, but priority consideration was
given to public measures. The House of Lords still had 55 members. The
Queen appointed and paid the Speaker, Clerk, and Sergeant at Arms of the
Commons. The knights in the Commons were almost invariably from the
county's leading families and chosen by consensus of knights with free
land of at least 40s. in the county court. In the towns, the electors
might be the town corporation, holders of certain properties, all the
freemen, all the rate-payers, or all the male inhabitants. Disputed
elections were not usually concerned with political issues, but were
rivalries for power. 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.



	Violence was still a part of the texture of everyday life. Private
armories and armed gangs were not uncommon. Agricultural laborers kept
sword and bow in a corner of their fields. Non-political brutal crime
and homicides were commonplace. There were frequent local riots and
disturbances, in the country and in the towns. Occasionally there were
large-scale rebellions. But the rebellion of the Earl of Essex in 1601
had no aftermath in violence. In 1590, the Queen issued a proclamation
enforcing curfew for London apprentices, who had been misruly. The Queen
issued proclamations to certain counties to place vagrant soldiers or
vagrants under martial law because of numerous robberies. She ordered
the deportation of vagrant Irishmen in 1594.



	Theft and robbery were so usual that there were names for various
techniques used. A Ruffler went with a weapon to seek service, saying
that he was a servitor in the wars, but his chief "trade" was to rob
poor wayfaring men and market women. A Prigman went with a stick in his
hand like an idle person, but stole clothes off hedges. A Whipjack
begged like a mariner, but with a counterfeit license (called a "gibe");
he mostly robbed booths in fairs or pilfered ware from stalls, which was
called "heaving of the booth". A Frater had a counterfeit license to beg
for some hospital, but preyed upon poor women coming and going to
market. A Quire Bird was a person recently let out of prison, and was
commonly a horse stealer. An Upright Man carried a truncheon of a staff
and called others to account to him and give him a share or "snap" of
all that they had gained in one month, and he often beat them. He took
the chief place at any market walk and other assemblies. Workers at inns
often teamed up with robbers, telling them of wares or money travelers
were carrying so the robber could profitably rob them after they left
the inn.



	Francis Drake sailed around the world from 1577 to 1580. Walter Ralegh
made an expedition to North America in 1584 with the Queen's authority
to "discover barbarous countries, not actually possessed of any
Christian prince and inhabited by Christian people, to occupy and
enjoy". He found and named the land of Virginia in honor of the Queen,
who was a virgin, and started a colony on Roanoke Island there. Drake
and Ralegh plundered Spanish ships for cargo such as American gold and
silver, much of which was used to pay for the war with Spain and much
going to investors. Seamen on navy and pirate ships raided captured
vessels to seize personal possessions of the Spanish on board. The
experience fighting Spanish ships led to improvements in ship design;
building ships was no longer merely by copying another ship or a small
model. When the seas were unsafe because of the war with Spain, the
export of English wool was disturbed and later replaced by trading from
world ports. Many London merchants grew rich from using their ships for
pirating.



	In 1588, a Spanish Armada came to invade England, return it to
Catholicism, and stop the pirating of Spanish ships. In that battle off
England's shores, Drake and other experienced sea fighters led two
hundred English ships, of which about 20 were built to sink other ships
rather than to board and capture them. These new English ships were
longer and narrower and did away with the towering superstructures at
bow and stern. This made them more maneuverable and easier to sail.
Also, the English guns were lighter, more numerous, and outranged the
Spanish guns. So the smaller English ships were able to get close enough
to fire broadside after broadside against the big Spanish
troop-transport galleons, without being fired upon. The English sent
fire ships into the Spanish fleet when it was anchored, causing it's
ships to disperse in a panic. Then 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.



	A royal proclamation of 1601 offered a reward of 100 pounds for
information on libels against the Queen. There had been mounting
demonstrations against her monopolies, which mostly affected household
items. There had been abuses of monopolies, such as the steel monopoly
had been sold for 12 pounds 10s., but steel was then sold at 5d. per
pound instead of the former 2 1/2 d. per pound. Further the steel was
mixed and of a lesser quality. This so damaged the knife and sword
industry that about 2000 workers lost their jobs from it and became
beggars. Monopoly was a severe burden to the middle and poorer classes.
Also, the power of patent holders to arrest and imprison persons charged
with infringing upon their rights was extended to any disliked person.



	When the House of Commons protested against monopolies in 1601,
Elizabeth reduced them. She addressed her Council and the Commons saying
that "Mr. Speaker, you give me thanks, but I doubt me that I have more
cause to thank you all than you me; and I charge you to thank them of
the Lower House from me. For had I not received a knowledge from you, I
might have fallen into the lapse of an error only for lack of true
information. Since I was queen yet did I never put my pen to any grant
but that upon pretext and semblance made unto me, it was both good and
beneficial to the subject in general, though a private profit to some of
my ancient servants who had deserved well. But the contrary being found
by experience, I am exceedingly beholding to such subjects as would move
the same at the first. And I am not so simple to suppose but that there
be some of the Lower House whom these grievances never touched; and for
them I think they speak out of zeal to their countries and not out of
spleen or malevolent affection, as being parties grieved. And I take it
exceedingly gratefully from them, because it gives us to know that no
respects or interests had moved them other than the minds they bear to
suffer no diminution of our honor and our subjects' love unto us, the
zeal of which affection tending to ease my people and knit their hearts
unto me, I embrace with a princely care. For above all earthly treasures
I esteem my people's love, more than which I desire not to merit. That
my grants should be grievous unto my people and oppressions to be
privileged under color of our patents, our kingly dignity shall not
suffer it. Yea, when I heard it I could give no rest unto my thoughts
until I had reformed it. Shall they (think you) escape unpunished that
have thus oppressed you, and I have been respectless of their duty and
regardless of our honor? No, no, Mr. Speaker, I assure you, were it not
more for conscience' sake than for any glory or increase of love that I
desire, these errors, troubles, vexations, and oppressions done by these
varlets and low persons (not worthy the name of subjects) should not
escape without condign punishment. But I perceive they dealt with me
like physicians who, ministering a drug, make it more acceptable by
giving it a good aromatical savor; or when they give pills, do gild them
all over. I have ever used to set the Last Judgment day before my eyes
and so to rule as I shall be judged, to answer before a higher judge. To
whose judgment seat I do appeal that never thought was cherished in my
heart that tended not unto my people's good. And now if my kingly
bounties have been abused and my grants turned to the hurts of my
people, contrary to my will and meaning, or if any in authority under me
have neglected or perverted what I have committed to them, I hope Good
will not lay their culps [sins] and offenses to my charge. Who, though
there were danger in repealing our grants, yet what danger would I not
rather incur for your good than I would suffer them still to continue? I
know the title of a king is a glorious title, but assure yourself that
the shining glory of princely authority hath not so dazzled the eyes of
our understanding but that we well know and remember that we also are to
yield an account of our actions before the great Judge. To be a king and
wear a crown is a thing more glorious to them that see it than it is
pleasant to them that bear it. For myself, I was never so much enticed
with the glorious name of a king or royal authority of a queen as
delighted that God hath made me His instrument to maintain His truth and
glory, and to defend this kingdom from peril, dishonor, tyranny, and
oppression. There will never queen sit in my seat with more zeal to my
country, care to my subjects, and that will sooner with willingness
venture her life for your good and safety, than myself. For it is not my
desire to live or reign longer than my life and reign shall be for your
good. And though you have had and may have many princes more mighty and
wise sitting in this seat, yet you never had or shall have any that will
be more careful and loving."



	About 1584, Richard Hakluyt, a Bristol clergyman, wrote "A Particular
Discourse concerning Western Discoveries". This was to become the
classic statement of the case for English colonization. It held out hope
that the English would find needed timber for masts, pitch, tar, and
ashes for soap.



	In Rome in 1600, Giordano Bruno, an Italian monk and priest, was burned
alive at the stake by a court of the inquisition for not recanting,
although tortured, his heretical and blasphemous philosophy. He had
opined that Christianity was irrational and had no scientific basis. He
declared that Christ was only a skillful magician, that the Bible could
not be taken literally, that God and nature were not separate as taught
by Genesis, that the Catholic Church encouraged ignorance from the
instinct of self-preservation, and that the earth and planets revolved
around the sun, as did other planets around the "fixed" stars and other
suns.



	The Jesuits, a new Catholic order brimming with zeal, sent missionaries
to England to secretly convert people to Catholicism. The practice of
Catholicism had gone underground in England, and some Catholic
householders maintained Catholic priests in hidden places in their
homes.



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 the fraudulent 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
the title 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.



                              - The Law -



	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, shearmen, dyers, hosiers, tailors, shoemakers,
glovemakers, tanners, pewterers, bakers, brewers, cutlers, smith,
farriers, curriers, saddlers, spurriers, turners, cappers, hatmakers,
feltmakers, bow-makers, arrow-makers, arrowhead-makers, butchers, cooks,
or millers. 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.



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.



Purposes of the statute of artificiers were to advance agriculture,
diminish idleness, and inhibit migration to the towns. It excluded three
fourths of the rural population.)



	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.



	A vagabond or mighty strong beggar [able to work] shall be whipped.



	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.



	If a person marries a second time while the first spouse is still
living, it shall be a felony and thus punishable by death.



	No attainder shall result in the forfeiture of dower by the offender's
wife nor disinheritance of his heirs.



	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.



	Embezzlement or theft by a servant of his master's goods of 40s. or
more is a felony.



	Cut-purses and pick-purses shall not have benefit of clergy.



	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.



	Benefit of clergy may not be had for stabbing a person who has no
weapon drawn, if he dies within six months.



	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.



	Crown officials such as treasurers, receivers, accountants, and revenue
collectors shall not embezzle Crown funds and shall be personally liable
for arrears.



	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.



	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.



	Devising or speaking seditious rumors are penalized by the pillory and
loss of both ears for the first offense; and 200 pounds and six months
imprisonment for the second offense. Slandering the Queen is penalized
by the pillory and loss of one ear, or by [1,333s.] 100 marks and three
months imprisonment, at the choice of the offender. The second offense
is a felony. Printing, writing, or publishing seditious books is a
felony without benefit of clergy. Wishing the Queen dead, prophesying
when she would die, or who would succeed her to the Crown is a felony
without benefit of clergy. Attainders for these felonies shall not work
corruption of the blood [heirs may inherit the property of the felon].



	A debtor may not engage in a fraudulent collusion to sell his land and
goods in order to avoid his creditors. This was designed to remedy the
following problem:



	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.



	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.



	Loan contracts for money lent may not be for more than 200s. for each
2000s. yearly (i.e. 10% interest). All loans of money or forbearing of
money in sales of goods not meeting this requirement shall be punishable
by forfeit of the interest only.



	Pawn brokers accepting stolen goods shall forfeit twice their value to
the owner from whom stolen.



	When the hue and cry is raised for a robbery in a hundred, and other
hundreds have been negligent, faulty, or defective in pursuit of the
robber, then they must pay half the damages to the person robbed, while
the hundred in which the robbery occurred pays the other half. Robbers
shall be pursued by horse and by foot.



	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.



	Any innkeeper, victualer, or alehouse keeper who allows drinking by
persons other than those invited by a traveler who accompanies him
during his necessary abode there or 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 or other than laborers and
workmen following their work to any given town to sojourn, lodge, or
victual in any inn, alehouse or victualing house shall forfeit 10s. for
each offense. This is because the use of inns, alehouses, and victualing
houses was intended for relief and lodgings of traveling people and
people not able to provide their own victuals, but not for entertainment
and harboring of lewd and idle people who become drunk.



	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 that person has apprenticed as
such for seven years, or is the son or wife of a tanner who has tanned
for four years, or is 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.



	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.



	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.



	No master at a university may lease any land unless 1/3 of it is
retained for raising crops to supply the colleges and halls for food for
their scholars.



	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, where
fissh was eaten eveery Friday. Eating fish instead of meat in Lent in
the springtime remained a tradition.)



	Every person over 6 years of age shall wear on Sundays a wool knitted
cap made by the cappers, except for 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, forsers, thickers,
dressers, dyers, battelers, shearers, pressers, edgers, liners, and
bandmakers.



	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.



	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.



	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.



	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 else 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 herdman 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. (This is a zoning law.)



	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.



	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.



	For repairing of highways, the supervisors may take the rubbish or
smallest stones of any quarry along the road in their precinct.



	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.



	The price of barrels shall be set by mayors of the towns where they are
sold.



	Rugs shall weigh 44 pounds at least and be 35 yards at least in length
and at most 3/4 yard wide.



	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.



	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
fireplaces.



	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.



	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.



	No bishop may lease land for more than twenty-one years or longer than
the lives of three designated persons.



	No bishop may alienate any possession of their sees to the crown. Such
are void.



	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.



	Spices and potions, including pepper, cloves, mace, nutmeg, cinnamon,
ginger, almonds, and dates, which have usually been garbled [cleaned or
sorted by sifting] shall be garbled, cleaned, sorted, and sealed by the
Garbler before sale. This is to prevent mingled, corrupt, and unclean
spices and potions from being sold.



	Plasterers shall cease painting because it has intruded upon the
livelihoods of painters who have been apprenticed as such.



	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.



	Tonnage and poundage on goods exported and imported shall be taken to
provide safeguard of the seas for such goods.



	All persons must go to the established church on Sundays and holy days.
The penalty was at first forfeiture 12d. along with church punishment,
and later, 20 pounds per month and being bound by two sureties for 200
pounds for good behavior, and if the 20 pounds is not paid, then
forfeiture of all goods to be applied to the amount due and two-thirds
of one's land.



	These laws were directed against Catholicism, but were laxly enforced
as long as worship was not open and no one wore priestly clothes:



1) The writing, preaching, or maintaining of any foreign spiritual
jurisdiction shall be punished by forfeiture of goods or, if the goods
are not worth 20 pounds, one year imprisonment, for the first offense;
forfeiture of goods and lands and the King's protection, for the second
offense; and the penalty for high treason for the third offense.



2) Any person leading others to the Romish [Catholic] religion is guilty
of high treason. The penalty for saying mass is [2,667s.] 200 marks and
one year's imprisonment. The penalty for hearing mass is [1,333s.] 100
marks and one year's imprisonment. If one is suspected of being a Jesuit
or priest giving mass, one must answer questions on examination or be
imprisoned.



3) Papists [those who in conscience refused to take the oath of
supremacy of the Crown over the church] must stay in their place of
abode and not go five miles from it, unless licensed to do so for
business, or else forfeit one's goods and profits of land for life. If a
copyholder, land is forfeited to one's lord. But if the goods are not
worth 800s. or the land is not worth at least 267s., the realm must be
abjured. Otherwise, the papist is declared a felon without benefit of
clergy.



4) If a child is sent to a foreign land for Catholic education, he
cannot inherit lands or goods or money, unless he conforms to the
established church on his return. There is also a 100 pound penalty for
the persons who sent him.



                         - Judicial Procedure -



	Trials of noblemen for treason shall be by their peers.



	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



	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. Also there had been
inflation.



	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.



	Not 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. Its procedure was inquisitory rather than accusative. It heard
witnesses in camera [not in the presence of the suspected]. Trial was by
systematic interrogation of the suspected on oath, with torture if
necessary in treason cases. Silence could be taken for a confession of
guilt. There was no jury. Queen Elizabeth chose not to sit on this
court. Punishments were imprisonment, fines, the pillory, ear cropping
or tacking, whipping, stigmata on the face, but not death or any
dismemberment except for the ears. (The gentry was exempt from
whipping.)



	Because the publication of many books and pamphlets against the
government, especially the church, had led to discontents with the
established church and to the spreading of sects and schisms, the Star
Chamber in 1585 held that the printing trade was to be confined to
London, except for one press at Oxford and one at Cambridge. No book or
pamphlet could be printed unless the text was first seen, examined, and
allowed by the Archbishop of Canterbury or the Bishop of London. Book
publishers in violation were to be imprisoned for six months and banned
from printing; their equipment was to be destroyed. Wardens were
authorized to search wherever "they shall have reasonable cause of
suspicion", and to seize all such books and pamphlets printed. But
printers continued to print unlicensed material.



	The Ecclesiastical High Commission [later called the Court of High
Commission or High Court of Ecclesiastical Causes] took over criminal
cases formerly heard by the church courts. It also heard matters of
domestic morals. It was led by bishops and Privy Council members who in
1559 were authorized by a statute of Parliament to keep order within the
church, discipline the clergy, and punish such lay offenses as were
included in the ecclesiastical jurisdiction. Obstinate heresy is still a
capital crime, but practically the bishops have little power of forcing
heretics to stand trial. If anyone maintains papal authority, he
forfeits his goods; on a third conviction, he is a traitor. The
clergyman who adopts a prayer book other that the prescribed one commits
a crime. Excommunication has imprisonment behind it. Elizabeth gave this
court the power to fine and imprison, which the former church courts had
not had. At first, the chief work was depriving papists of their
benefices.



	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 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. It 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 victualers did not sell meat on fish
days, and to gather information needed from the counties. 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. 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 Justices 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.



	The duty to hear and determine felonies was taken from Justices of the
Peace by 1590. The Justices of Assize did this work. Accused people
could wait for years in gaol before their case was heard. 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 death. 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 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 combat 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, trespass has given rise to the offshoot branch of
"ejectment", which becomes the common means of recovering possession of
land, no matter what kind of title the claimant asserts. Trespass on the
case has given rise to the offshoot branch of "trover" [finding
another's goods and converting them to one's own use]. The use of the
action of trover gradually supplants the action of detinue, which
involves compurgation.



	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 manor 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 [fee]
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. A can sell or devise this
interest.



Edward Shelley was a tenant in fee 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.)



	About 1567, London authorities punished Nicholas Jennings alias Blunt
for using elaborate disguises to present himself as an epileptic to beg
for handouts from the public. He was pilloried, whipped, and pulled
behind a cart through the streets. He was kept at the Bridewell and was
set to work at a mill.



                         - - - Chapter 14 - - -



                        - The Times: 1601-1625 -



	Due in part to increasing population, the prices of foodstuffs had
risen sixfold from the later 1400s, during which it had been stable.
This inflation gradually impoverished those living on fixed wages.
Landlords could insist on even shorter leases and higher rents. London
quadrupled in population. Many lands that were in scattered strips,
pasture lands, waste lands, and lands gained from drainage and
disafforestation were enclosed for the introduction of convertible
agriculture (e.g. market-oriented specialization) and only sometimes for
sheep. The accompanying extinguishment of common rights was devastating
to small tenants and cottagers. Gentry and yeomen benefited greatly.
There was a gradual consolidation of the land into fewer hands and
demise of the small family farm. In towns, the mass of poor, unskilled
workers with irregular work grew. Prices finally flattened out in the
1620s.



	Society became polarized with a wealthy few growing wealthier and a
mass of poor growing poorer. This social stratification became a
permanent fixture of English society. Poverty was no longer due to death
of a spouse or parent, sickness or injury, or a phase in the life cycle
such as youth or old age. Many full-time wage earners were in constant
danger of destitution. More subdivided land holdings in the country made
holdings of cottagers minuscule. But these were eligible for parish
relief under the poor laws. Beside them were substantial numbers of
rogues and vagabonds wandering the roads. These vagrants were usually
young unmarried men. There were no more licensed liveries of lords.



	During the time 1580 to 1680, there were distinct social classes in
England which determined dress, convention in comportment which
determined face-to-face contacts between superiors and inferiors, order
of seating in church, place arrangement at tables, and rank order in
public processions. It was influenced by power, wealth, life-style,
educational level, and birth. The various classes lived in separate
worlds; their paths did not cross each other. People moved only within
their own class. Each class had a separate existence as well as a
different life style from the other classes. So each class developed a
wariness of other classes. However, there was much social mobility
between adjacent classes.



	At the top were the gentry, about 2% of the population. Theirs was a
landed wealth with large estate mansions. They employed many servants
and could live a life of leisure. Their lady wives often managed the
household with many servants and freely visited friends and went out
shopping, riding, or walking. They conversed with neighbors and made
merry with them at childbirths, christenings, churchings, and funerals.
Gentlemen usually had positions of responsibility such as lords of
manors and leaders in their parishes. These families often sent the
oldest son to university to become a Justice of the Peace and then a
member of Parliament. They also served as county officers such as High
Constable of their hundred and grand jury member. Their social,
economic, and family ties were at least countywide. They composed about
700 gentle families, including the peers, who had even more landed
wealth, which was geographically dispersed. After the peers were:
baronets (created in 1611), knights, esquires, and then ordinary
gentlemen. These titles were acquired by being the son of such or by
purchase. Most gentry had a house in London, where they spent most of
their time, as well as country mansions. About 4/5 of the land was in
the hands of 7,000 of the nobility and landed gentry due in part to
estate tails constructed by attorneys to favor hereditary interests. The
gentry had also profited by commerce and possessions in the colonies.
The country life of a country squire or gentleman dealt with all the
daily affairs of a farm. He had men plough, sow, and reap. He takes part
in the haying and getting cut grass under cover when a rain came. His
sow farrows; his horse is gelded; a first lamb is born. He drags his
pond and takes out great carps. His horses stray and he finds them in
the pound. Boys are bound to him for service. He hires servants, and
some work out their time and some run away. Knaves steal his sheep. His
hog is stabbed. He and a neighbor argue about the setting up of a
cottage. He borrows money for a daughter's dowry. He holds a leet court.
He attends church on Sunday and reads the lesson when called upon. He
visits the local tavern to hear from his neighbors. Country folk brawl.
Wenches get pregnant. Men commit suicide, usually by hanging. Many
gentlemen spent their fortunes and died poor. New gentlemen from the
lower classes took their places.



	The second class included the wealthier merchants and professional men
of the towns. These men were prominent in town government. They usually
had close family ties with the gentry, especially as sons. When wealthy
enough, they often bought a country estate. The professional men
included military officers, civil service officials, attorneys, some
physicians, and a few clergymen. The instabilities of trade, high
mortality rates in the towns, and high turnover rate among the leading
urban families prevented any separate urban interest group arising that
would be opposed to the landed gentry. Also included in this second
group were the most prosperous yeomanry of the countryside.



	The third class was the yeomanry at large, which included many more
than the initial group who possessed land in freehold of at least 40s.,
partly due to inflation. Freehold was the superior form of holding land
because one was free to sell, exchange, or devise the land and had a
political right to vote in Parliamentary elections. Other yeomen were
those who possessed enough land, as copyholder or leaseholder, to be
protected from fluctuations in the amount of the annual harvest, that
is, at least 50 acres. A copyholder rented land from a lord for a period
of years or lives, usually three lives including that of the widow, and
paid a substantial amount whenever the copyhold came up for renewal. The
copyholder and leaseholder were distinguished from the mere
tenant-at-will, whose only right was to gather his growing crop when his
landlord decided to terminate his tenancy. The average yeoman had a one
and a half story house, with a milkhouse, a malthouse, and other small
buildings attached to the dwelling. The house would contain a main
living room, a parlor, where there would be one or more beds, and
several other rooms with beds. No longer was there a central great hall.
Cooking was done in a kitchen or over the open fire in the fireplace of
the main room. Furniture included large oak tables, stools, long
bencches with or without backs, chests, cupboards, and a few hard-backed
simple chairs. Dishware was wood or pewter. The yeomen often became
sureties for recognizances, witnesses to wills, parish managers,
churchwardens, vestrymen, the chief civil officers of parishes and
towns, overseers of the poor, surveyors of bridges and highways, jurymen
and constables for the Justi