Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 (2024)

Copyright (C) 2004, 2012 by S. A. Reilly

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, 2012

Preface

This book was written for people with an interest in Englishlegal history who don't know where to start reading, as I didn't. Itspurpose is also to look at history through its laws, which do not lendthemselves to interpretation, and thus points of view, as doesconventional history; one cannot argue with the black letter of thelaw. Attorneys will be interested in reading about the historicalcontext in which the legal doctrines they learned in law schooldeveloped. This book includes the complete law codes of King Alfred andof King Aethelbert, the law code of King Canute, paraphrased, excerptsfrom the law code of Henry I, the entire Magna Carta, and the statutesof England relevant to English life, but excluding such topics asScottish affairs and wars with Ireland. It also includes the inceptionof the common law system, which was praised because it made law whichwas not handed down by an absolutist king; the origin of the jurysystem; the meaning of the Magna Carta provisions in their historicalcontext; and the emergence of attorneys. This book is a primer. One may read it without prior knowledgeof history or law, although it will be more meaningful to attorneysthan to others. It can serve as an introduction on which to basefurther reading in English legal history. It defines terms unique toEnglish legal history. However, the meaning of some terms in KingAethelbert's code in Chapter 1 are unknown or inexact. In the Table of Contents, the title of each chapter denotes animportant legal development in the given time period for that chapter.Each chapter is divided into three sections: The Times, The Law, andJudicial Procedure. The Times section sets a background and context in which tobetter understand the law of that period. The usual subject matter ofhistory such as battles, wars, royal intrigues, periods of corruption,and international relations are omitted as not helping to understandthe process of civilization and development of the law. Standardpractices are described, but there are often variations with locality.Also, change did not come abruptly, but with vacillations, e.g. thechange from pagan to Christian belief and the change to allowance ofloans for interest. The scientific revolution was accepted only slowly.There were often many attempts made for change before it actuallyoccurred, e.g. gaining Parliamentary power over the king's privileges,such as taxation. The Law section describes the law governing the behavior andconduct of the populace. It includes law of that time which is thesame, similar, or a building block to the law of today. In earliertimes this is both statutory law and the common law of the courts. TheMagna Carta, which is quoted in Chapter 7, is the first statute ofEngland and is listed first in the "Statutes of the Realm" and the"Statutes at Large". The law sections of Chapters 7 - 18 mainly quoteor paraphrase almost all of these statutes. Excluded are statutes whichdo not help us understand the development of our law, such as statutesgoverning Wales after its conquest and statutes on succession rights tothe throne. The Judicial Procedure section describes the process ofapplying the law and trying cases, and jurisdictions. It also containssome examples of cases. Money is expressed in pounds, shillings, pence, scaetts, ormarks, which is a Danish denomination. There are twenty shillings in apound. A mark in silver is two-thirds of a pound. Shillings areabbreviated: "s." The pre-Norman English shilling was divided into 4pence or pennies. In Henry I's time, the shilling was divided into 5pence. The Norman shilling was introduced by Henry II and was dividedinto 12 pennies. This penny was literally one pennyweight of silver, soa pound sterling thus weighed 240 pennyweights. Pence are abbreviated"d.", for the Roman denarius. For example, six shillings and two penceis denoted 6s.2d. A scaett was a coin of silver and copper of lesserdenomination; there were 20 scaetts to one shilling. There were nocoins of the denomination of shilling during pre-Norman times.

Dedication and Acknowledgements

A Vassar College faculty member once dedicated her book to herstudents, but for whom it would have been written much earlier. Thisbook "Our Legal Heritage" is dedicated to the faculty of VassarCollege, without whom it would never have been written. Muchappreciation goes to Professor James Curtin of Loyola Law School forhis review and comments on this book's medieval period: Chapters 4-10,and especially his comment that "I learned quite a bit about life inthose days from your work." Thanks go to Loyola University Law SchoolProfessor George Anastaplo for introducing me to Professor Curtin. Muchappreciation goes to Professor Lacey Baldwin Smith of NorthwesternUniversity's History Department for his review and comments on thisbook's Tudor and Stuart periods: Chapters 11-17, especially his commentthat he learned a lot. Thanks go to Northwestern University Law SchoolProfessor Steven Presser for introducing me to Professor Smith.Finally, many thanks go to fellow Mensan William Wedgeworth forproof-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

Appendix: Sovereigns of England

Bibliography

Chapter 1

The Times: before 600 A.D.

The settlement of England goes back thousands of years. Atfirst, people hunted and gathered their food. They wore animal skinsover their bodies for warmth and around their feet for protection whenwalking. These skins were sewn together with bone needles and threadsmade from animal sinews. They carried small items by hooking them ontotheir belts. They used bone and stone tools, e.g. for preparing skins.Their uncombed hair was held by thistlethorns, animal spines, orstraight bone hair pins. They wore conical hats of bound rush and livedin rush shelters.

Early clans, headed by kings, lived in huts on top of hills orother high places and fortified by circular or contour earth ditchesand banks behind which they could gather for protection. They wereprobably dug with antler picks and wood spades. The people lived inrectangular huts with four wood posts supporting a roof. The walls weremade of saplings, and a mixture of mud and straw. Cooking was in a clayoven inside or over an open fire on the outside. Water was carried inanimal skins or leather pouches from springs lower on the hill up tothe 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 orcaptured other women, perhaps with the help of a best man. They carriedtheir unwilling wives over the thresholds of their huts, which weresometimes in places kept secret from her family. The first month ofmarriage was called the honeymoon because the couple was given mead, adrink with fermented honey and herbs, for the first month of theirmarriage. A wife wore a gold wedding band on the ring finger of herleft hand to show that she was married.

Women usually stayed at home caring for children, preparingmeals, and making baskets. They also made wool felt and spun and wovewool into a coarse cloth. Flax was grown and woven into a coarse linencloth. Spinning the strands into one continuous thread was done on astick, which the woman could carry about and spin at anytime when herhands were free. The weaving was done on an upright or warp-weightedloom. People of means draped the cloth around their bodies and fastenedit with a metal brooch inlayed with gold, gems, and shell, which wereglued on with glue that was obtained from melting animal hooves. Peopledrank from hollowed- out animal horns, which they could carry frombelts. They could tie things with rawhide strips or rope braids theymade. Kings drank from animal horns decorated with gold or from cups ofamber, shale, or pure gold. Men and women wore pendants and necklacesof colorful stones, shells, amber beads, bones, and deer teeth. Theyskinned and cut animals with hand-axes and knives made of flint dug upfrom pits and formed by hitting flakes off. The speared fish withbarbed bone prongs or wrapped bait around a flint, bone, or shell fishhook. On the coast, they made bone harpoons for deep-sea fish. Theflint ax was used to shape wood and bone and was just strong enough tofell a tree, although the process was very slow.

The king, who was tall and strong, led his men in huntinggroups to kill deer and other wild animals in the forests and to fishin the streams. Some men brought their hunting dogs on leashes tofollow scent trails to the animal. The men threw stones and spears withflint points at the animals. They used wood clubs to beat them, at thesame time using wood shields to protect their bodies. They watched thephases of the moon and learned to predict when it would be full andgive the most light for night hunting. This began the concept of amonth. Circles of stone like Stonehenge were built with alignments topaths 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 thebattle, the clan would bring back its dead and wounded. A priestofficiated over a funeral for a dead man. His wife would often also goon the funeral pyre with him.

The priest also officiated over sacrifices of humans, who wereusually offenders found guilty of transgressions. Sacrifices wereusually made in time of war or pestilence, and usually before thewinter 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. Theydrank water from springs. In the spring, food was plentiful. There wereeggs of different colors in nests and many hare to eat. The goddessEaster was celebrated at this time.

Later, there was farming and domestication of animals such ashorses, pigs, sheep, goats, chicken, and cattle. Of these, the pig wasthe most important meat supply, being killed and salted for winter use.Next in importance were the cattle. Sheep were kept primarily for theirwool. Flocks and herds were taken to pastures. The male cattle, withwood yokes, pulled ploughs in the fields of barley and wheat. Thefemale goat and cow provided milk, butter, and cheese. The chickensprovided eggs. The hoe, spade, and grinding stone were used. Thread wasspun with a hand-held spindle which one hand held while the other handalternately formed the thread from a mass and then wound it around thespindle. A coarse cloth was woven and worn as a tunic which had beencut from the cloth. Kings wore tunics decorated with sheet gold.Decorated pottery was made from clay and used to hold liquids and forfood preparation and consumption. During the period of "lent" [from theword "lencten", which means spring], it was forbidden to eat any meator fish. This was the season in which many animals were born and grewto maturity. Wood carts with four wheels were used to transport produceand manure. Horses were used for transportation of people or goods.Wood dug-out boats and paddles were used to fish on rivers or on theseacoast.

Clans had settlements near rivers. Each settlement had ameadow, for the mowing of hay, and a simple mill, with round timberhuts, covered with branches or thatch or turf supported by a ring ofposts. Inside was a hearth with smoke going up through a hole in theroof, and a cauldron for cooking food. There was an upright loom in thedarkness. The floor was swept clean. At the door were spears or bags ofslingstones ready for immediate use. The King lived in the largest hut.Gullies outside carried off excess water. Each hut had a garden forfruit and vegetables. A goat or cow might be tied out of reach of thegarden. There was a fence or hedge surrounding and protecting thegarden area and dwelling. Buckets and cauldrons which had originatedfrom the Mediterranean were used. Querns with the top circular stoneturned by hand over the bottom stone were used for grinding grain.There were ovens to dry and roast grain. Grain was first eaten as aporridge or cereal. There were square wood granaries on stilts and woodracks on which to dry hay. Grain was stored in concealed pits in theearth which were lined with drystone or basket work or clay and madeairtight by sealing with clay or dung. Old pits were converted intowaste dumps, burials, or latrines. Outside the fence were an acre ortwo of fields of wheat and barley, and sometimes oats and rye. Wheatand 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. Thecrops were all harvested in the summer. In this two-field system, landwas held by peasants in units designed to support a single extendedfamily. These fields were usually enclosed with a hedge to keep animalsfrom eating the crop and to define the territory of the settlement fromthat of its neighbors. Flax was grown and made into linen cloth. Beyondthe fields were pastures for cattle and sheep grazing. There was oftenan area for beehives. This was subsistence level farming.

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

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

It was learned that tin added to the copper made a strongermetal: bronze. Stone hammers, and bronze and iron tools, were used tomake cooking pots, weapons, breast plates, and horse bits, which wereformed from moulds and/or forged by bronze smiths and blacksmiths fromiron extracted from iron ore heated in bowl- shaped hearths. Typicallyone man operated the bellows to keep the fire hot while another did thehammering. Bronze was made into sickles for harvesting, razors forshaving, 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, andshields of wood with bronze mountings. The bows and arrows probablyevolved from spear throwing rods. Kings in body armor fought withchariots drawn by two horses. The horse harnesses had bronze fittings.The chariots had wood wheels, later with iron rims. When bronze cameinto use, there was a demand for its constituent parts: copper and tin,which were traded by rafts on waterways and the sea. When iron cameinto use, there were wrought iron axes, saws, adzes [ax with curvedblade used to dress wood], files, ploughshares, harrows [set of spikesto break clods of earth on ploughed land and also to cover seed whensewn], scythes, billhooks [thick knife with hooked point used to pruneshrubs], and spits for hearths. Lead was mined. There was someglassmaking of beads. Wrought iron bars were used as currency.

Hillforts now had wooden palisades on top of their banks toprotect the enclosed farmsteads and villages from stock wandering offor being taken by rustlers, and from attacks by wild animals or otherpeople. Later a rampart was added from which sentries could patrol.These were supported by timber and/or stone structures. Timbers wereprobably transported by carts or dragged by oxen. At the entrances wereseveral openings only one of which really allowed entry. The otherswent between banks into dead ends and served as traps in which to killthe enemy from above. Gates were of wood, some hung from hinges onposts which could be locked. Later guard chambers were added, some withspace for hearths and beds. Sometimes further concentric circles ofbanks and ditches, and perhaps a second rampart, were added aroundthese forts. They could reach to 14 acres. The ramparts aresufficiently widely spaced to make sling-shotting out from them highlyeffective, but to minimize the dangers from sling-shotting fromwithout. The additional banks and ditches could be used to createcattle corridors or to protect against spear-thrown firebrands.However, few forts had springs of water within them, indicating thatattacks on them were probably expected to be short. Attacks usuallybegan with warriors bristling with weapons and blowing war trumpetsshouting insults to the foe, while their kings dashed about inchariots. Sometimes champions from each side fought in single combat.They took the heads of those they killed to hang from their belts orplace on wood spikes at the gates. Prisoners, including women andchildren, might become slaves. Kings sometimes lived in separatepalisades where they kept their horses and chariots.

Circles of big stones like Stonehenge were rebuilt so that thesun's position with respect to the stones would indicate the day oflongest sunlight and the day of shortest sunlight. Between these daysthere was an optimum time to harvest the crops before fall, when plantsdried up and leaves fell from the trees. The winter solstice, when thedays 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 fromthe ground as new growth. So farming gave rise to the concept of ayear. Certain changes of the year were celebrated, such as Easter,named for the Goddess of the Dawn, which occurred in the east (afterlent); May Day celebrating the revival of life; Lammas around July,when the wheat crop was ready for harvesting; and on October 31 theCeltic eve of Samhain, when the spirits of the dead came back to visithomes and demand food or else cast an evil spell on the refusing homes;and at which masked and costumed inhabitants representing the souls ofthe dead paraded to the outskirts of the settlements to lead the ghostsaway from their homes; and at which animals and humans, who might bedeemed to be possessed by spirits, were sacrificed or killed perhaps asexamples, in huge bonfires [bonefires] as those assembled looked outfor spirits and evil beings.

There was an agricultural revolution from the two-field systemin which one field was fallow to the three-field system, in which therewere three large fields for the heavy and fertile land. Each field wasdivided into long and narrow strips. Each strip represented a day'swork with the plough. One field had wheat, or perhaps rye, another hadbarley, oats, beans, or peas, and the third was fallow. It had beenobserved that legumes such as peas and beans restored the soil. Thesewere rotated yearly. There was a newly invented plough that was heavyand made of wood and later had an attached iron blade. The plough had amould-board which caught the soil stirred by the plough blade and threwit into a ridge alongside the furrow dug by the plough blade. Thisplough was too heavy for two oxen and was pulled by a team of abouteight to ten oxen. Each ox was owned by a different man as was theplough, because no one peasant could afford the complete set. Eachfreeman was allotted certain strips in each field to bear crops. Hisstrips were far from each other, which insured some very fertile andsome only fair soil, and some land near his village dwelling and somefar away. These strips he cultivated, sowed with seed, and harvestedfor himself and his family. After the harvest, they reverted to commonownership for grazing by pigs, sheep, and geese. As soon as haymakingwas over, the meadows became common grazing land for horses, cows, andoxen. Not just any inhabitant, but usually only those who owned a pieceof land in the parish were entitled to graze their animals on thecommon land, and each owner had this right of pasture for a definitenumber of animals. The faster horse replaced the ox as the primary workanimal. Other farm implements were: coulters, which gave free passageto the plough by cutting weeds and turf, picks, spades and shovels,reaping hooks and scythes, and sledge hammers and anvils. Strips ofland for agriculture were added from waste land as the community grew.Waste lands were moors bristling with brushwood, or gorse, heather andwanton weeds, reed-coated marshes, quaking peat-bogs, or woods grownhaphazard on sand or rock. With iron axes, forests could be cleared toprovide more arable land.

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

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

Common men and women were now buried in tombs within memorialburial mounds of earth with stone entrances and interior chambers. Aman's weapons and shield were buried with him and a woman's spindle andweaving baton, and perhaps beads or pottery with her. At times, moundsof earth would simply be covered over piles of corpses and ashes inurns. In these mass graves, some corpses had spear holes or sword cuts,indicating death by violence. The Druid priests, the learned class ofthe Celts, taught the Celts to believe in reincarnation of the soulafter death of one body into another body. They also threw prizedpossessions into lakes and rivers as sacrifices to water gods. Theyplaced images of gods and goddesses in shrines, which were sometimeslarge enough to be temples. They thought of their gods as supernaturalmagicians.

With the ability to grow food and the acquisition of land byconquest by invading groups, the population grew. There were differentclasses of men. The freemen were eorls [noble freemen] or ceorls[ordinary free farmers]. Slaves were not free. Freemen had long hairand beards. Slaves' hair was shorn from their heads so that they werebald. Slaves were chained and often traded. Prisoners taken in battle,especially native Britons taken by invading groups, became slaves. Aslave who was captured or purchased was a "theow". An "esne" was aslave who worked for hire. A "weallas" was a Welsh slave. Criminalsbecame slaves of the person wronged or of the king. Sometimes a fatherpressed by need sold his children or his wife into bondage. Debtors,who increased in number during famine, which occurred regularly, becameslaves by giving up the freeman's sword and spear, picking up a slave'smattock [pick ax for the soils], and placing their head within a lord'sor lady's hands. They were called wite- theows. The original meaning ofthe word lord was "loaf-giver". Children with a slave parent wereslaves. The slaves lived in huts around the homes of big landholders,which were made of logs and consisted on one large room or hall. Anopen hearth was in the middle of the earthen floor of the hall, whichwas strewn with rushes. There was a hole in the roof to let out thesmoke. Here the landholder and his men would eat meat, bread, salt, hotspiced ale, and mead while listening to minstrels sing about the heroicdeeds of their ancestors. Richer men drank wine. There were festivalswhich lasted several days, in which warriors feasted, drank, gambled,boasted, and slept where they fell. Physical strength and endurance inadversity 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 lordcould kill his slave at will. A wrong done to a slave was regarded asdone to his owner. If a person killed another man's slave, he had tocompensate him with the slave's purchase price. The slave owner had toanswer for the offenses of his slaves against others, as for themischief done by his cattle. Since a slave had no property, he couldnot be fined for crimes, but was whipped, mutilated, or killed.

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

Several large kingdoms came to replace the many small ones. Thepeople were worshipping pagan gods when St. Augustine came to Englandin 596 A.D. to Christianize them. King AEthelbert of Kent and his wife,who had been raised Christian on the continent, met him when hearrived. 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 latercalled 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 hishousehold [gesiths] became Christian. A succession of princesses wentout from Kent to marry other Saxon kings and convert them toChristianity.

Augustine knew how to write, but King AEthelbert did not. TheKing announced his laws at meetings of his people and his eorls woulddecide the punishments. There was a fine of 120s. for disregarding acommand of the King. He and Augustine decided to write down some ofthese 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 revengefor killing had been replaced by payment of compensation to the deadman's kindred. One, or one's blood kindred, paid a man's "wergeld"[worth] to his blood kindred for causing his wrongful death. Thewergeld [wer] of a king was an unpayable amount of about 7000s., of anaetheling [a king-worthy man of the extended royal family] was 1500s.,of an eorl, 300s., of a ceorl, 100s., of a laet [agricultural worker inKent, which class was between free and slave], 40-80s., and of a slavenothing. At this time a shilling could buy a cow in Kent or a sheepelsewhere. If a ceorl killed an eorl, he paid three times as much as aneorl would have paid as murderer. Personal injury was compensated by a"bot". The penalty for slander was tearing out of the tongue. If anaetheling was guilty of this offense, his tongue was worth five timesthat of a coerl, so he had to pay proportionately more to ransom it.The crimes of murder, treachery to one's own lord, arson [burning ahouse], house breaking, and open theft, were punishable by death andforfeiture of all property.

The Law

"THESE ARE THE DOOMS [DECREES] WHICH KING AETHELBERHTESTABLISHED IN THE DAYS OF AUGUSTINE

1. [Theft of] the property of God and of the church [shall becompensated], twelve fold; a bishop's property, eleven fold; a priest'sproperty, nine fold; a deacon's property, six fold; a cleric'sproperty, 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]; maethl-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 theredo them evil, [let him compensate with] a twofold bot [damages for theinjury], and 50 shillings fine 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 dwellingpremises], 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 [manwho walks before the King or guide or escort], slay a man, let him paya half wergeld.8. [Offenses against anyone or any place under] the King's mund byrd[protection or patronage], 50 shillings fine9. If a freeman steal from a freeman, let him make threefold bot; andlet the King have the wite [fine] and all the chattels [necessary topay the fine]. (Chattels was a variant of "cattle" and was usually abeast, though it could mean any personal property.)10. If a man lie with the one of the King's female servants, let himpay a bot of 50 shillings.11. If she be a corn-grinding slave, let him pay a bot of 25 shillings.The third [class of servant] 12 shillings.12. Let the King's fedesl [tenant or boarder] be paid for with 20shillings.13. If a man slay another in an eorl's tun [premises], let [him] makebot with 12 shillings.14. If a man lie with an eorl's birele [female cupbearer], let him makebot with 20 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 makebot 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 himmake 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 byanother], let him [the man who provided the weapons] make bot with 6shillings.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 wergeldof 100 shillings.22. If a man slay another, at the open grave let him pay 20 shillings,and pay the whole wergeld within 40 days.23. If the slayer departs from the land, let his kindred pay a halfleod.24. If any one bind a freeman, let him make bot with 20 shillings.25. If any one slay a ceorl's half-aeta [loaf or bread eater; domesticor menial servant], let him make bot with 6 shillings.26. If [anyone] slay a laet [semi-slave] of the highest class, let himpay 80 shillings; of the second class, let him pay 60 shillings; of thethird class, let him pay 40 shillings.27. If a freeman commit edor-breach [breaking through the fencedenclosure and forcibly entering a ceorl's dwelling], let him make botwith 6 shillings.28. If any one take property from a dwelling, let him pay a three-foldbot.29. If a freeman goes with hostile intent through an edor [the fenceenclosing a dwelling], let him make bot with 4 shillings.30. If [in so doing] a man slay another, let him pay with his ownmoney, and with any sound property whatever.31. If a freeman lie with a freeman's wife, let him pay for it with hiswergeld, and obtain another wife with his own money, and bring her tothe other [man's dwelling].32. If any one thrusts through the riht-ham-scyld [legal means ofprotecting one's home; the perimeter of a homestead], let himadequately compensate.33. If there be feax-fang [seizing someone by the hair], let there be50 sceatts for bot.34. If there be an exposure of the bone, let bot be made with 3shillings.35. If there be a cutting of 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], letbot 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 12shillings.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 madewith 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 whichstands next to them 4 shillings; for that which stands next to that, 3shillings; and then afterwards, for each a shilling.52. If the speech be injured, 12 shillings. If the collar bone bebroken, let bot be made with 6 shillings.53. Let him who stabs [another] through an arm, make bot with 6shillings. 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, letbot be made with 3 shillings. If the shooting [fore] finger be struckoff, let bot be made with 8 shillings. If the middle finger be struckoff, let bot be made with 4 shillings. If the gold [ring] finger bestruck off, let bot be made with 6 shillings. If the little finger bestruck 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 forthe 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 aright hand bruise [from protecting his face with his arm], let him [thestriker] pay a shilling.59. If the bruise [on the arm] be black in a part not covered by theclothes, let bot be made with 30 scaetts.60. If it be covered under the clothes, let bot for each be made with20 scaetts.61. If the belly be wounded, let bot be made with 12 shillings; if itbe pierced through, let bot be made with 20 shillings.62. If any one needs medical attention, let bot be made with 30shillings.63. If any one be cearwund [badly wounded], let bot be made with 3shillings.64. If any one destroy [another's] organ of generation [penis], let himpay him with 3 wergelds: if he pierce it through, let him make bot with6 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 manbecome 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 6shillings; if [the wound be] above an inch [deep], a shilling; for twoinches, 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 correspondingfinger be paid.72. If the nail of a great toe be cut off, 30 scaetts for bot; for eachof the others, make bot with 10 scaetts.73. If a freewoman loc-bore [with long hair] commit any leswe [evildeed], let her make a bot of 30 shillings.74. Let maiden bot [compensation for injury to an unmarried woman] beas 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, 20shillings; 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 as wife, let the bargain stand, if it bewithout fraud; but if there be fraud, let him bring her home again, andlet his property be restored to him.78. If she bear a live child, she shall have half the property, if thehusband die first.79. If she wish to go away with her children, she shall have half theproperty.80. If the husband wish to keep them [the children], [she shall havethe same portion] as one child.81. If she bear no child, her paternal kindred shall have the fioh [hermoney and chattels] and the morgen-gyfe [morning gift: a gift made tothe bride by her husband on the morning following the consummation ofthe marriage].82. If a man carry off a maiden by force, let him pay 50 shillings toher controller, and afterwards buy the consent of the controller [tothe marriage].83. If she be betrothed to another man and money has changed hands, lethim [who carried her off] make bot [to the intended bridegroom] with 20shillings.84. If restitution [of the girl] is made, bot of 35 shillings; and 15shillings to the King.85. If a man lie with an esne's [slave's]wife, her husband stillliving, let him make twofold bot.86. If one esne [slave] slay another unoffending, let him pay for himat his full worth.87. If an esne's [slave's] eye and foot be struck out or off, let himbe paid for at his full worth.88. If any one bind another man's esne [slave], let him make bot with 6shillings.89. Let [compensation for] weg-reaf [highway robbery] of a theow[slave] be 3 shillings.90. If a theow steal, let him [the owner] make twofold bot [twice thevalue of the stolen goods]."

Judicial Procedure

The King and his freemen would hear and decide cases ofwrongful behavior such as breach of the peace. Punishment would begiven to the offender by the community. The bots, wers, and wites werehigh and often could not be paid. If a man could not or would not pay,he could be outlawed, to be killed by anyone with impunity or punishedby hanging; beheading; burning; drowning; stoning; precipitation from acliff; loss of ears, nose, upper-lip, hands and feet; castration;flogging; or sale into slavery.

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

The concept of a wrong to a person or his kindred is stillprimary and that of offense to the community secondary. Very slowly didthe concept emerge that that members of the community must be contentwith legal remedies and must not seek private vengeance and that publicoffenses cannot be altered by private agreement.

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 avillage in which a stone church was the most prominent building. Theylived in one-room huts with walls and roofs made of wood, mud, andstraw. 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 inthe roof. Grain was ground at home by rotating by hand one stone diskon another stone disk. Some villages had a mill powered by the flow ofwater 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 anoffender, and of taking the oath of peace. These three duties wereconstant until 1195.

Farmland surrounded the villages and was farmed by thecommunity as a whole under the direction of a lord. There was silver,copper, iron, tin, gold, and various types of stones from remote leadmines and quarries in the nation. Silver pennies replaced the smallerscaetts. Freemen paid "scot" and bore "lot" according to their meansfor local purposes.

Offa, the strongest of the Saxon kings, minted high-qualitysilver pennies. He traded woolen coats for lava grindstones withEmperor Charlemagne, who used a silver denarius coin. There were 12denarii to the solidus and 20 soldi to the pound of silver. Thesedenominations were taken by England as 12 pennies to the shilling and20 shillings to the pound. The pound sign, an "L" with a hash markderived from the word Libra, which meant weighing scales.

Everyone in the village went to church on Sunday and broughtgifts such as grain to the priest. Later, contributions in the form ofmoney became customary, and then expected. These "tithes" were spentfor church repair, the clergy, and poor and needy laborers. The churchfixed the amount to be one-tenth, but local custom determined theamount. There was also church-scot: a payment to the clergy in lieu ofthe first fruits of the land. There were also offerings, originallyvoluntary but afterwards compulsory, for sacraments. The priest was thechaplain of a landlord and his parish was coextensive with thatlandlord's holding and could include one to several villages. Thepriest and other men who helped him, lived in the church building. Somechurches had lead roofs and iron hinges, latches, and locks on theirdoors. The land underneath had been given to the church by former kingsand persons who wanted the church to say prayers to help their souls gofrom purgatory to heaven and who also selected the first priest. Thepriest conducted Christianized Easter ceremonies in the spring and(Christ's mass) ceremonies in winter in place of the pagan Yuletidefestivities. Burning incense took the place of pagan burnt animalofferings, which were accompanied by incense to disguise the odor ofburning flesh. Holy water replaced haunted wells and streams. Christianincantations replaced sorcerer's spells. Nuns assisted priests incelebrating mass and administering the sacraments. They aloneconsecrated new nuns. Vestry meetings were community meetings held forchurch purposes. The people said their prayers in English, and thepriest conducted the services in English. A person joined his hands inprayer as if to offer them for binding together in submission.

The church baptized babies and officiated or gave blessings atmarriage ceremonies. It also said prayers for the dying, gave themfunerals, and buried them. There were burial service fees, candle dues,and plough alms. A piece of stone with the dead person's name markedhis grave. It was thought that putting the name on the grave wouldassist identification of that person for being taken to heaven. Thechurch heard the last wish or will of the person dying concerning whohe wanted to have his property. The church taught that it was notnecessary to bury possessions with the deceased. The church taught boysand girls.

Every man carried a horn slung on his shoulder as he went abouthis work so that he could at once send out a warning to his fellowvillagers or call them in chasing a thief or other offender. Theforests were full of outlaws, so strangers who did not blow a horn toannounce themselves were presumed to be fugitive offenders who could beshot on sight with impunity. An eorl could call upon the ceorl farmersfor about forty days to fight off an invading group.

There were several kingdoms, whose boundaries kept changing dueto warfare, which was a sin according to the church. They were eachgoverned by a king and witan of wise men who met at a witanegemot,which was usually held three times a year, mostly on great churchfestivals and at the end of the harvest. The king and witan chose thewitan's members of bishops, eorldormen, and thegns [landholdingfarmers]. The king and hereditary claims played a major part in theselection of the eorldormen, who were the highest military leaders andoften of the royal family. They were also chief magistrates of largejurisdictional areas of land. The witan included officers of the king'shousehold and perhaps other of his retinue. There was littledistinction then between his gesith, fighting men, guards, householdcompanions, dependents, and servants. The king was sometimesaccompanied by his wife and sons at the witanagemot. A king wasselected by the witan according to his worthiness, usually from amongthe royal family, and could be deposed by it. The witan and kingdecided on laws, taxes, and transfers of land. They made determinationsof war and peace and directed the army and the fleet. The king wore acrown or royal helmet. He extended certain protections by the king'speace. He could erect castles and bridges and could provide a specialprotection to strangers.

A king had not only a wergeld to be paid to his family if hewere killed, but a "cynebot" of equal amount that would be paid to hiskingdom's people. A king's household had a chamberlain for the royalbedchamber, a marshall to oversee the horses and military equipment, asteward as head of household, and a cupbearer. The king had income fromfines for breach of his peace; fines and forfeitures from courtsdealing with criminal and civil cases; salvage from ship wrecks;treasure trove [assets hidden or buried in times of war]; treasures ofthe earth such as gold and silver; mines; saltworks; tolls and otherdues 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 hadrights of purveyance [hospitality and maintenance when traveling]. Theking had private lands, which he could dispose of by his will. He alsohad crown lands, which belonged to his office and could not bealienated without consent of the witan. Crown lands often includedpalaces and their appendant farms, and burhs. It was a queen's duty torun the royal estate. Also, a queen could possess, manage, and disposeof lands in her name. Violent queens waged wars. Kingdoms were oftenallied by marriage between their royal families. There were also royalmarriages to royalty on the continent.

The houses of the wealthy had ornamented silk hangings on thewalls. Some had fine white ox horn shaved so thin they were transparentfor windows. Brightly colored drapery, often purple, and fly netssurrounded their beds, which were covered with the fur of animals. Theyslept in bed clothes on pillows stuffed with straw. Tables plated withsilver and gems held silver candlesticks, gold and silver goblets andcups, and lamps of gold, silver, or glass. They used silver mirrors andsilver writing pens. There were covered seats, benches, and footstoolswith the head and feet of animals at their extremities. They ate from atable covered with a cloth. Servants brought in food on spits, fromwhich they ate. Food was boiled, broiled, or baked. The wealthy atewheat bread and others ate barley bread. Ale made from barley waspassed around in a cup. Mead made from honey was also drunk.

Men wore long-sleeved wool and linen garments reaching almostto the knee, around which they wore a belt tied in a knot. Men oftenwore a gold ring on the fourth finger of the right hand. Leather shoeswere fastened with leather thongs around the ankle. Their hair wasparted in the middle and combed down each side in waving ringlets. Thebeard was parted in the middle of the chin, so that it ended in twopoints. The clergy did not wear beards. Great men wore gold-embroideredclothes, gilt buckles and brooches, and drank from drinking hornsmounted in silver gilt or in gold. Well- to-do women wore brightlycolored robes with waist bands, headbands, necklaces, gem bracelets,and rings. Their long hair was in ringlets and they put rouge on theircheeks. They had beads, pins, needles, tweezers of bronze, andworkboxes of bronze, some highly ornamented. They were often doingneedlework. Silk was affordable only by the wealthy.

Most families kept a pig and pork was the primary meat. Therewere also sheep, goats, cows, deer, hare, and fowl. Fowl was obtainedby fowlers who trapped them. The inland waters yielded eels, salmon,and trout. In the fall, meat was salted to preserve it for wintermeals. 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 aninlet by a group of boats. Whale skins were used to make ropes.

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

There were superstitions about the content of dreams, theevents of the moon, and the flights and voices of birds were often seenas signs or omens of future events. Herbal mixtures were drunk forsickness and maladies. From the witch hazel plant was made a mildalcoholic astringent, which was probably used to clean cuts and soothabrasions.

In the peaceful latter part of the 600s, Theodore, who had beena monk in Rome, was appointed archbishop and visited all the islandspeaking about the right rule of life and ordaining bishops to overseethe priests. Each kingdom was split up into dioceses each with onebishop. 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 hadtheir sees in villages or rural monasteries. The bishops came to havethe same wergeld as an eorldorman: 1200s., which was the price of about500 oxen. A priest had the wergeld as a landholding farmer [thegn], or300s. The bishops spoke Latin, but the priests of the local parishesspoke English. Theodore was the first archbishop whom all the Englishchurch obeyed. He taught sacred and secular literature, the books ofholy writ, ecclesiastical poetry, astronomy, arithmetic, and sacredmusic. Theodore discouraged slavery by denying Christian burial to thekidnapper and forbidding the sale of children over the age of seven. Aslave became entitled to two loaves a day and to his holydays. A slavewas allowed to buy his or his children's freedom. In 673, Theodorestarted annual national ecclesiastical assemblies, for instance for thewitnessing of important actions. The bishops, some abbots, the king,and the eorldormen were usually present. From them the people learnedthe benefit of common national action. There were two archbishops: oneof Canterbury in the south and one of York in the north. They governedthe bishops and could meet with them to issue canons that would beequally valid all over the land. A bishop's house contained someclerks, priests, monks, and nun and was a retreat for the wearymissionary and a school for the young. The bishop had a deacon whoacted as a secretary and companion in travel, and sometimes as aninterpreter. Ink was made from the outer husks of walnuts steeped invinegar.

The learned ecclesiastical life flourished in monasticcommunities, in which both monks and nuns lived. Hilda, a noble'sdaughter, became the first nun in Northumbria and abbess of one of itsmonasteries. There she taught justice, piety, chastity, peace, andcharity. Several monks taught there later became bishops. Kings andprinces often asked her advice. Many abbesses came to run monasticcommunities; they were from royal families. Women, especially fromroyal families, fled to monasteries to obtain shelter from unwantedmarriage or to avoid their husbands. Kings and eorldormen retired tothem.

Danish Vikings made several invasions in the 800s, so the witanimposed a danegeld tax on land that was assessed on everyone every tento twenty years for maintaining forces sufficient to clear the Britishseas of Danish pirates or to buy off the ravages of the Danish It was1s. and later 2s. upon every hide of land, where a hide was probablythe amount of land which could support a family or household for a yearor as much land as could be tilled annually by a single plough. It wasstored in a strong box under the King's bed. King Alfred the Great, whohad lived for awhile in Rome, unified the country to defeat theinvaders. He established fortifications called "burhs", usually on hilltops or other strategic locations on the borders to control the mainroad and river routes into his realm. The burhs were seminal towns.They were typically walled enclosures with towers and an outer ditchand mound, instead of the hedge or fence enclosure of a tun. Insidewere several wooden thatched huts and a couple of churches, which werelit by earthen oil lamps. The populace met at burhgemotes. The landarea protected by each burh became known as a "shire", which means ashare of a larger whole. The shire or local landowners were responsiblefor 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 eachof 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 fightingequipment such as swords, helmets, chain mail, and horses), andordinary freemen, i.e. ceorls (who carried food, dug fortifications,and sometimes fought). Since the King was compelled to call out thewhole population to arms, the distinction between the king's thegnsfrom other landholders disappeared. Some great lords organized menunder them, whom they provisioned. These vassals took a personal oathto 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 hiswill as mine." Alfred had a small navy of longships with 60 oars tofight the Viking longships.

Alfred divided his army into two parts so that one half of themen were fighting while the other half was at home sowing andharvesting for those fighting. Thus, any small-scale independentfarming was supplanted by the open-field system, cultivation of commonland, more large private estates headed by a lord, and a morestratified society in which the king and important families morepowerful and the peasants more curtailed. The witan became merewitnesses. Many free coerls of the older days became bonded. Thevillage community tended to become a large private estate headed by alord. But the lord does not have the power to encroach upon the rightsof common that exist within the community.

In 886, a treaty between Alfred and the Vikings divided thecountry along the war front and made the wergeld of every free farmer,whether English or Viking, 200s. Men of higher rank were given awergeld of 4 1/2 marks of pure gold. A mark was probably a Vikingdenomination and a mark of gold was equal to nine marks of silver inlater times and probably in this time. The word "earl" replaced theword "eorldormen" and the word "thegn" replaced the word "aetheling"after the Danish settlement. The ironed pleats of Viking clothingindicated a high status of the wearer. The Vikings brought combs andthe practice of regular hair-combing to England.

King Alfred gave land with jurisdictional powers within itsboundaries such as the following: "This is the bequest which KingAlfred 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 ahundred hides as they stand with their produce and their men, and mydaughter AEthelgifu to the convent along with the inheritance, sinceshe took the veil on account of bad health; and the jurisdiction to theconvent, which I myself possessed, namely obstruction and attacks on aman's house and breach of protection. And the estates which I havegranted to the foundation are 40 hides at Donhead and Compton, 20 hidesat Handley and Gussage 10 hides at Tarrant, 15 hides at Iwerve and 15hides at Fontmell.

The witnesses of this are Edward my son and ArchbishopAEthelred and Bishop Ealhferth and Bishop AEthelhead and Earl Wulfhereand Earl Eadwulf and Earl Cuthred and Abbot Tunberht and Milred mythegn and AEthelwulf and Osric and Brihtulf and Cyma. If anyone altersthis, he shall have the curse of God and St. Mary and all the saints ofGod forever to all eternity. Amen."

Sons usually succeeded their fathers on the same land as shownby this lifetime lease: "Bishop Denewulf and the community atWinchester lease to Alfred for his lifetime 40 hides of land atAlresford, in accordance with the lease which Bishop Tunbriht hadgranted to his parents and which had run out, on condition that herenders every year at the autumnal equinox three pounds as rent, andchurch dues, and the work connected with church dues; and when the needarises, his men shall be ready both for harvesting and hunting; andafter his death the property shall pass undisputed to St. Peter's.These are the signatures of the councilors and of the members of thecommunity who gave their consent, namely …"

Alfred invented a graduated candle with spaces indicating onehour of burning, which could be used as a clock. He used a ventilatedcow's horn to put around the top of the candle to prevent its blowingout, and then devised a wooden lantern with a horn window. He describedthe world as like a yolk in the middle of an egg whose shell movesaround it. This agreed with the position of Ptolemy Claudius ofAlexandria, who showed the curvature of the earth from north to southby observing that the Polar Star was higher in the north and lower inthe south. That it was curved from east to west followed from theobservation that two clocks placed one west and one east would record adifferent time for the same eclipse of the moon.

Alfred wrote poems on the worthiness of wisdom and knowledge inpreference to material pleasures, pride, and fame, in dealing withlife's sorrow and strife. His observations on human nature and hisproverbs 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 likegrass, yet he is not a whit the worthier unless he gain friends forhimself.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 easein 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 perishwho has it for his comrade.11. Don't choose a wife for her beauty nor for wealth, but study herdisposition.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 dwellstherein, 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. Ifyou let him have his own will, he will cause you much sorrow when hecomes of age.20. He who spares the rod and lets a young child rule, shall rue itwhen 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 whatyour 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 goodsand deny the theft.31. Take to yourself a steadfast man who is wise in word and deed; hewill prove a true friend in need.

To restore education and religion, Alfred disseminated theAnglo- Saxon Chronicles; the Venerable Bede's Ecclesiastical History ofthe English Nation; the "Consolidation of Philosophy" by Romanphilosopher Boethius, which related the use of adversity to develop thesoul, and described the goodness of God and how the highest happinesscomes from spiritual values and the soul, which are eternal, ratherthan from material or earthly pursuits, which are temporal; and PopeGregory's Pastoral Care, which he had translated into English and wasthe fundamental book on the duty of a bishop, which included a duty toteach laymen; and Orosius' History of the World, which he hadtranslated into English. Alfred's advice to pastors was to live as theyhad 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 thename of doing good works, and the corruption of high office. Bede wasEngland's first scholar, first theologian, and first historian. Hewrote poetry, theological books, homilies, and textbooks on grammar,rhetoric [public speaking and debating], arithmetic, and astronomy. Headhered to the doctrine that death entered the world by the sin ofAdam, the first man. He began the practice of dating years from thebirth of Christ and believed that the earth was round. Over the earthwas a fiery spherical firmament. Above this were the waters of theheavens. Above this were the upper heavens, which contained the angelsand was tempered with ice. He declared that comets portend downfalls ofkingdoms, pestilence, war, winds, or heat. This reflected the church'sview that a comet was a ball of fire flung from the right hand of anangry God as a warning to mankind, usually for disbelief. Storms werebegun by the devil.

A famous poem, the oral legend of Beowulf, a hero who led hismen into adventures and performed great feats and fought monsters anddragons, was put into writing with a Christian theme. In it, loyalty toone's lord is a paramount virtue. Also available in writing was thestory of King Arthur's twelve victorious battles against the paganSaxons, authored by Nennius.

There were professional story tellers attached to great men.Others wandered from court to court, receiving gifts for their storytelling. Men usually told oral legends of their own feats and those oftheir ancestors after supper.

Alfred had monasteries rebuilt with learned and moral menheading them. He built a nunnery which was headed by his daughter asprioress. He built a strong wall with four gates around London, whichhe had taken into his control. He appointed his son-in-law, who was oneof his eorldormen, to be alderman [older man] to govern London and tobe the shire's earl. A later king built a palace in London, althoughWinchester was still the royal capital town. When the king traveled, heand his retinue were fed by the local people at their expense.

After Alfred's death, his daughter Aethelflared ruled thecountry for seven years. She had more fortified burhs built and ledsoldiers to victories.

Burhs grew into towns and some towns into boroughs by obtaininga charter from the king. Their citizens were landholding freemencalled."burgesses". A borough typically was a place of refuge withearth works, and perhaps a garrrison; it had a market place in whichmen could buy cattle and other goods and have the sale attested byofficial witnesses and toll was taken from them; and it had a meetingplace at which a court was held.

Under the royalty were the nobles. An earl headed each shire asrepresentative of the King. The term "earl" came to denote an officeinstead of a nobleman. He led the array of his shire to do battle ifthe shire was attacked. He executed all royal commands. An earlreceived grants of land and could claim hospitality and maintenance forhimself, his officers, and his servants. He collected a third of therevenues derived from tolls and duties levied in the boroughs of hisshire. The office tended to be hereditary. Royal representatives called"reeves" started to assist them. The reeve took security from everyperson for the maintenance of the public peace. He also tracked cattlethieves, brought suspects to court, gave judgments according to thedoom books, and delivered offenders to punishment.

Under the earls were the thegns. By service to the King, it waspossible for a coerl to rise to become a thegn and to be given land bythe King. Other thegns performed functions of magistrates. A thegn waslater identified as a person with five hides of land, a kitchen, achurch, a bell house, a judicial place at the burhgemote [a right ofmagistracy], and an appointment in the King's hall. He was bound toservice in war by virtue of his landholding instead of by hisrelationship to the king. Nobility was now a territorial attribute,rather than one of birth. The wergeld of a thegn was 1200s. when thatof a ceorl or ordinary freeman was 200s. The wergeld of an earl orbishop was four times that of a thegn: 5800s. The wergeld of a king orarchbishop was six times that of a thegn: 7200s. The higher a man'swergeld, the higher was his legal status in the scale of punishment,giving credible evidence, and participation in legal proceedings. Thesokemen were freemen who had inherited their own land, chose their ownlord, and attended and were subject to their lord's court. That is,their lord has sake [sac] and soke [soc] jurisdiction over them - theright to hold a court and to receive the profits of jurisdiction. Aceorl typically had a single hide of land. A smallholder rented land ofabout 30 acres from a landlord, which he paid by doing work on thelord's demesne [land held by the one lowest in the scale of holding whohas a general right of doing with it what he pleases] land, payingmoney rent, or paying a food rent such as in eggs or chickens.Smallholders made up about two fifths of the population. A cottager hadone to five acres of land and depended on others for his living. Amongthese were shepherds, ploughmen, swineherds, and blacksmiths. They alsoparticipated in the agricultural work, especially at harvest time.

It was possible for a thegn to become an earl, probably by thepossession of forty hides. He might even acquire enough land to qualifyhim for the witan. Women could be present at the witanagemot andshiregemote [meeting of the people of the shire]. They could sue and besued in the courts. They could independently inherit, possess, anddispose of property. A wife's inheritance was her own and under nocontrol of her husband.

Marriage required the consent of the lady and her friends. Theman also had to arrange for the foster lean, that is, remuneration forrearing and support of expected children. He also declared the amountof money or land he would give the lady for her consent, that is, themorgengift, and what he would bequeath her in case of his death. It wasgiven to her on the morning after the wedding night. The family of thebride was paid a "mund" for transferring the rightful protection theypossessed over her to the family of the husband. If the husband diedand his kindred did not accept the terms sanctioned by law, her kindredcould repurchase the rightful protection. If she remarried within ayear of his death, she had to forfeit the morgengift and his nearestkin 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, andilluminators.

For entertainment, minstrels sang ballads about heroes or Biblestories, harpers played, jesters joked, and tumblers threw and caughtballs and knives. There was gambling, dice games, and chasing deer withhounds.

Fraternal guilds were established for mutual advantage andprotection. A guild imposed fines for any injury of one member byanother member. It assisted in paying any murder fine imposed on amember. It avenged the murder of a member and abided by theconsequences. It buried its members and purchased masses for his soul.

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

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

It was usual for a dying man to confess his sins to a priest.For the sake of his soul, the priest often suggested the man give someof his chattel to the church, the poor, or other pious uses. By the700s, the words of a dying man giving chattel for the sake of his soulwere expected to be carried out. Later is the "post obit gift" by whicha man gives land to the church, with the king's consent, but enjoys theland during his lifetime by stating in writing "I give certain landafter my death" in a special "book". The church takes possession of theland after his death. He may make a conditional such gift, leaving theland to his wife for her life with a rent paid to the church and thechurch taking possession of the land on her death. These two procedurescoalesce into one written will used in the 800s, 900s, and 1000s. Thiswill also includes distributions to family and kinsmen and perhaps tocreditors. If the will is made by the very great people: kings, queens,king's sons, bishops, earldormen, and king's thegns, it requires theking's consent, which may be bought by a large heriot. And a bishopusually sets his cross to the will, denouncing any who infringe it tothe torments of hell. The dead man's parish church is paid a mortuarywhen he is buried.

The Law

The special authority of the king and his peace graduallysuperseded the customary jurisdiction of the local courts as topreservation of the peace and punishment of offenses. All criminaloffenses became breaches of the king's peace and were deemed acts ofpersonal disobedience and made an offender the king's enemy. Thisnotion developed from the special sanctity of the king's house and hisspecial protection of his attendants and servants. An offender madefines to the king for breach of his peace and fines and forfeitures tohim from court decisions in criminal and civil cases. Offensesespecially dealt with in various parts of the Anglo-Saxon laws weretreason, homicide, wounding, assault, and theft. Treason to one's lord,especially to the king, was punishable by death. Compassing orimagining the king's death was treason.

King Alfred collected regulations from various church synods andcommanded that many of them which English forefathers had observed tobe written out - those which appealed to him; and many of those thatdid not appeal to him he rejected, with the consent of his Witan orcommanded them to be observed in a different way. "These are theregulations which the Almighty God himself spoke to Moses and orderedhim to observe and subsequently the only-born son of the Lord, our God,that is the Savior Christ confirmed …":1. Do not love other strange gods before me.2. Do not speak My name idly, for you will not be guiltless with Me ifyou idly speak My name.3. Remember to hallow the rest-day. Work for yourselves six days, andon the seventh day rest yourselves. For in six days, God the Fathermade the heavens and the earth, the seas and all creatures that are inthem, and rested himself on the seventh day, and therefore God hassanctified it.4. Honour your father and your mother that God gave you so that you maybe the longer living on earth.5. Do not kill.6. Do not lie in sexual union secretly.7. Do not steal.8. Do not speak false evidence.9. Do not wish for your neighbour's property unrightfully.10. Do not make yourselves golden or silver gods.11. If anyone buy a Christian slave, let him serve for six years and onthe seventh let him be free without payment. With such clothes as heentered into service, let him leave with. If he has a wife of his ownproviding, let her leave with him. If the master provided him with awife, both she and her children shall belong to the master. If theslave then says `I do not want to leave my master or my wife or mychild or my property', let his master bring him to the door of theTemple and perforate his ear with an awl as a sign that he shall everafterwards be a slave.12. Though someone sell his daughter into slavery do not let her be aslave entirely as are other maid servants. He has not the right to sellher abroad among foreign people. But if he who bought her does not carefor her, let her be free among a foreign people. But if he i.e. thepurchaser allows his son to cohabit with her, give her the morning giftand ensure that she has clothing and that she has the value of hermaidenhood, that is the dowry - let him give her that. If he does noneof those things for her, then she shall be free.13. The person who slays another deliberately shall suffer death. Hethat has killed another in self defense or involuntarily orunintentionally, as God delivered him i.e. the victim into his handsand providing he i.e. the killer did not set a trap for him - in thatcase let him be worthy of his life, and of settling by customarycompensation, if he should seek asylum. If however anyone deliberatelyand intentionally kills his neighbour treacherously, pluck him from myaltar so that he should suffer death.14. He that attacks his father or his mother shall suffer death.15. He that abducts a freeman and sell him, and it is proved so that hecannot absolve himself, let him suffer death. He that curses his fatheror his mother, let him suffer death.16. If someone attacks his neighbour with a stone or with his fist, buthe i.e. the victim can still get about with the aid of a staff, let himi.e. the aggressor provide him with a doctor and do his i.e. thevictim's work for him for as long as he i.e. the victim cannot himself.17. He that attacks his own non-free servant or his maidservant, andthey are not dead as a result of the attack but live two or three days,he i.e. the aggressor shall not be so entirely guilty, because it washis own property he damaged. But if the slave be dead the same day,then the guilt rests on him i.e. the aggressor.18. If anyone in the course of a dispute injure a pregnant woman, lethim make compensation for the hurt as judges decide in his case. If shebe dead, let him give life for life.19. If anyone put out another's eye, let him give his own for it. Toothfor tooth. Hand for hand. Foot for foot. Burn for burn. Wound forwound. Bruise for bruise.20. If anyone strike the eye of his slave or maidservant out and somakes them one-eyed, let him free them for that. If he strike out atooth, let him do the same.21. If an ox gore a man or woman so that they are dead, it it be stonedto death and do not let the flesh be eaten. The owner shall not beliable if the ox was butting two days before that or even three and theowner did not know of it. But if he knew of it and would not shut iti.e. the animal in, and then it killed a man or woman, let it be stonedto death and let the master be killed or made to pay as the Witanconsider proper. If it gore a son or daughter, let the same penaltyapply. But if it gore a slave or serving-woman, let the owner give 30shillings of silver and let the ox be stoned to death.22. If anyone dig a well or open up a closed one and does not close itup again, let him pay for whatever cattle fall in; but let him have thedead animal for his own use.23. If an ox wound another man's ox so it is dead, let them sell thelive ox and share the proceeds, and also the flesh of the dead ox. Butif the owner knew the ox was butting and would not restrain it, let himhand over the other i.e. live ox for it but let him have all the fleshof the dead ox for his own use.24. If anyone steal another man's ox and kill or sell it, let him givetwo oxen in restitution. And four sheep for one stolen. If he i.e. thethief does not have anything to give in restitution, let him be soldhimself to raise the money.25. If a thief break into a man's house by night and is killed there,he i.e. the house-owner shall not be guilty of manslaughter. But if hei.e. the house-owner does this after sunrise, he is guilty ofmanslaughter, and shall himself perish, unless he acted inself-defence. If there is found in the possession of the living thiefthings he had already stolen, let him make restitution for it two-fold.26. If anyone damage another man's vineyard or his crops or any part ofhis estate, let him pay compensation according to how it is assessed.27. If a fire is lit in order to burn rubbish, let him who started thefire pay compensation for any consequent damage.28. If anyone entrusts any possession to his friend and the friendappropriates it for himself, let him i.e. the friend clear himself andprove that he committed no fraud in the matter. If it was livestock,and he says that raiders took it, or it perished of itself, and if hehas proof, he need not pay up. But if he has no proof, and the originalowner does not believe him, let him make an oath to clear himself.29. If anyone seduce an uncommitted woman and sleeps with her, let himpay for her and take her then as his wife. But if the woman's father isunwilling to let her go, then let the seducer hand over money inproportion to her dowry.30. The women who are accustomed to harbour enchanters and wizards andwitches - do not allow them to live.31. And he that has intercourse with animals shall suffer death.32. And he that sacrifices to idols, rather than to God alone, let himsuffer death.33. Do not harass visitors from abroad and foreigners, for you wereformerly strangers on the land of the Egyptians.34. Do not harm widows and step-children, neither do them any injury.If you do otherwise, they will call upon Me and I will listen to them,and then I will slay you with my sword and I will ensure that yourwives shall be widows and your children orphans.35. If you hand over money as a loan to your comrade who wishes to livewith you, do not coerce him like an underling and do not oppress himwith the interest.36. If someone has only a single garment to cover and clothe himselfwith and he hands it over as a pledge, let it be returned before thesun sets. If you do not do so then he will call unto Me, and I willlisten to him because I am very clement.37. Do not reproach you Lord, nor curse the lord of the people.38. Your tithe i.e. tenth-part of profit and your first-fruits ofmoving animals and growing crops, offer to God.39. All the flesh that wild animals leave, do not eat it but give it tothe dogs.40. Do not bother to give credence to the word of a false man, and donot approve his opinions; do not repeat any of his assertions.41. Do not join in the false judgment and evil aspirations of the manynor join in their rumours and outcry, against your own conscience, atthe incitement of some ignorant person. Do not support them.42. If the stray cattle of another man come into your possession,though it be the property of your enemy, let him know about it.43. Judge equably, do not lay down one rule for the rich, another forthe poor; do not decide one way for a friend, another for a foe.44. Always shun falsehood.45. Never slay a righteous and innocent man.46. Never accept bribes, for they very often blind the minds of wisem*n and pervert their words.47. Do not behave unkindly to foreigners and visitors from abroad; donot harass them with unjust acts.48. Never swear an oath by heathen gods, nor in any circ*mstances callupon them. Alfred also issued a set of laws to cover the whole countrythat he derived from laws of various regional kings in England asfollows:"1. First we insist that there is particular need that each personshall keep his oath and his pledge carefully. If anyone be compelled togive either of these wrongly, either to support treachery to his lordor to provide any unlawful aid, then it is better to forswear than tofulfil. But if he pledge himself to that which it is right for him tofulfil and fails, let him submissively hand over his weapons and hispossessions to his friends to keep, and stay forty days in prison in aproperty of the king. Let him undergo there whatever the bishopprescribes as penance, and let his kinsmen feed him if he himself hasno food. If he has no kin or has no food, let the king's officer feedhim. If one has to compel him to this i.e. to surrender, and otherwisehe is unwilling to co-operate - if they have to bind him he shallforfeit his weapons and his possessions. If he is slain whileresisting, let him lie uncompensated. If he makes an escape before thetime is up, and he is recaptured, let him stay forty days in prison ashe would have previously. But if he gets away, let him be banished andexcommunicated from all the churches of Christ. Further, if someone hasprovided surety for him, let him compensate for the breach of surety ascustom require him, and atone for the breach of pledge as his confessorimposes in his case.2. If anyone seek out as sanctuary for any offence any of the monastichouses to which the king's revenue applies, or any other exemptcommunity that is worthy of respect he shall have a period of threedays of immunity, unless he wants to negotiate before that. If someoneharms him during that period, either by assault or by fettering him,,or by a penetrating wound, let the aggressor pay compensation for eachof such attacks according to proper practice, both with wergeld andwith a fine, and 120 shillings to that community, as compensation forbreach of sanctuary, and let his own possessions be forfeit.3. If anyone violate the king's surety, let him pay compensation forthe original charge as customary law direct, and for the violation ofsurety with five pounds of the purer pennies. In the case of breach ofan archbishop's surety or protection, let him compensate with threepounds. For violation of the surety or protection of another bishop orofficial [earldorman], let him make compensation with two pounds.4. If anyone plot against the king's life, either directly or byharbouring outlaws or indirectly through the agency of his men, let himbe liable with his life and with all that he owns. If he desire toprove himself loyal, let him do that by paying a king's wergeld.Similar protection we ordain for all ranks, both common and noble[earl]: whoever plots against his master's life shall be liable withhis life and with all that he owns - or let him show his loyalty bypaying his master's wergeld.5. Also we appoint to every church that a bishop has consecrated thisright of sanctuary: that if a party to a feud run or ride to thechurch, then no one may drag him forth for seven days. If howeveranyone does that, then let him be liable at the rate of breach of aking's protection and at the rate of breach of church sanctuary - moreif he take more from the site. [And the sanctuary seeker shall be safe]if he can survive hunger, and unless he himself try to fight his wayout. If the community have greater need of their church, let them keephim in another building, and let that not have the more doors than thechurch itself; Let the church official ensure that no one give thesanctuary-seeker food during that period. If he himself is willing tohand over his weapons to his foes, let them keep him for 30 days andinform his kin about him. Also it shall count as sanctuary if some manseek out a church about any offence that had not previously beenrevealed, and there confess himself in God's name - let the penalty behalf remitted. He that steal on Sunday or at Yule or at Easter or onHoly Thursday or on the Rogation days - for each of those we intendthat there should be a double-penalty, as during Lent.6. If anyone steal something in a church, let him pay a plaincompensation and the fine such as they consider appropriate to theplain compensation, and let them strike the hand off with which he didit i.e. the deed. If he wishes to redeem his hand, and they consent tothat, let him pay in proportion to his wergeld.7. If anyone fights in the king's hall or draw his weapon, and he isseized, let the penalty be at the king's judgement, either death orlife, as he is willing to grant him. If he escapes and is capturedlater, let him pay in proportion to his wergeld, and atone for theoffence with wergeld and fine, as he may deserve by his act.8. If anyone abducts a nun of a nunnery without the king's or thebishop's leave, let him pay 120 shillings, half to the king, half tothe bishop and the church patron who had charge of the nun. If shelives longer than he that abducted her, let her not have any of hisestate. If she bears a child, let that not have any more of the estatethan the mother. If anyone slay her child let him pay the king thematernal kindred's share; to the paternal kin let him pay their share.9. If anyone slay a woman with child, while the child still be withinher, let him pay full compensation for the woman and half compensationfor the child according to the wergeld of the father's kin. Let thefine payable to the king always be 60 shillings, until thecorresponding simple compensation rises to 30 shillings. When thesimple compensation rises to that level, then let the fine be 120shillings. Formerly there was a defined fine for a gold-thief, and ahorse-thief and a bee-thief and many special fines greater than others.Now all are alike except for an illegal slayer and that is 120shillings.10. If a man has intercourse with the wife of a 1200 shilling wergeldman, let him pay in compensation 120 shillings to the husband. For a600 shilling wergeld man i.e. husband, let him pay in compensation 100shillings. For a common man [ceorl] i.e. husband, let him makecompensation of 40 shillings.11. If someone grabs the breast of a common woman, let him compensatewith five shillings. If he throws her to the ground but does not havesexual intercourse with her, let him compensate with 60 shillings. Ifhe has sexual intercourse with her let him compensate with sixtyshillings. If some other man had previously lain with her, then let thecompensation be half that. If someone accuse her of complicity, let herclear herself with an oath guaranteed by sixty hides of land, orforfeit half the compensation. If this happens to a nobly born woman,let the compensation increase in proportion to the wergeld.12. If someone burns or cuts down another person's trees withoutpermission, let him pay over 5 shillings for each substantial tree, andthereafter, no matter how many there are, five pence for each tree, andthirty shillings as a fine.13. In the course of their joint work felling trees, if someone iskilled by accident, let the tree involved be given to his kin, and letthem remove it off the property within 30 days; otherwise let himpossess it that owns the forest.14. If someone is born dumb or deaf, so that he can neither deny orconfess his sins, let the father make compensation for his misdeeds.15. If someone fights or draws his weapon in the presence of anarchbishop, let him make compensation with 150 shillings. If thisoccurs before another bishop or royal official [earldorman] let himmake compensation with 100 shillings.16. If someone steals a cow or mare and drives off a foal or calf, lethim pay over one shilling as well as paying compensation for the adultanimals according to their value.17. If anyone entrust a child into the keeping of others, and he i.e.the offspring die while in that guardianship, let him that did thefostering prove his innocence of any crime if anyone accuse him of it.18. If anyone grabs at a nun's clothing or breast with sexual intent,unless with her consent, let him pay double the rate of compensation wepreviously arranged for a lay-person. If she commit adultery and she isa betrothed woman, if she is a commoner, let 60 shillings be paid incompensation to the guarantor, and let that be in livestock or cattle,but let no one give any human as part of it. If she be of 600 shillingwergeld, let 100 shillings be paid in compensation to the guarantor. Ifshe be of 1200 shilling wergeld, let compensation of 120 shillings bepaid to the guarantor.19. If anyone lends his weapon to another so that he may kill with it,they may combine, if they are willing, in the matter of paying thewergeld. If they are unwilling to co-operate, let him that profferedthe weapon pay a third part of the wergeld and a third part of thefine. If he i.e. the loaner of the weapon prefer to clear himself andassert that he knew of no evil-intent in making the loan, he may do so.20. If someone entrust cattle to another man's monk, without theapproval of the patron if that monk, and it gets lost, let he thatoriginally owned it suffer the loss.21. If a priest slay another man, let all that he i.e. the priestbrought into the monastic community be turned over to the possession ofthe victim's representatives, and let the bishop unfrock him; then heshall be removed from the monastery, unless the civil patron intercededfor him.22. If someone wishes in the local assembly to declare a claim for debtto the king's officer, and then wishes to cancel it, let him imputei.e. transfer it to a truer source if he can. If he cannot, let himforfeit the single value.23. If a dog rends or bites someone, for the first misdeed let theowner hand over 6 shillings, if he is still giving it food. For assecond occurrence, let him give 12 shillings, and for a third 30shillings. If, upon any of these misdeeds, the dog escapes, nonethelessthe penalty proceeds. If the dog commit more misdeeds and he i.e. theowner still keeps him, let him pay compensation at the level of a fullwergeld as well as wound-compensation according to what he i.e. the doghas done.24. If an ox wounds someone, let him i.e. the owner hand the animalover or come forward with some solution.25. If someone forces a commoner's slave-woman to sexual intercourse,let him compensate the owner with 5 shillings and pay 60 shillingsfine. If a male slave compel a female slave to sexual intercourse, lethim atone with his testicl*s.26. If someone force an underage woman into sexual intercourse, let thecompensation be as that of an adult person.27. If someone without kin on his father's side gets into a fight andkills someone, if he has maternal relatives, let them pay a third partof the wergeld; and a third part his guild-brethren; for a third partunpaid let him flee. If he has no maternal relatives, let theguild-brethren pay a half; for a half unpaid let him flee.28. If someone kill a man so circ*mstanced and if he has no kinfolk,let them pay half the wergeld to the king, half to his guild-brethren.29. If anyone in a group kills a 200 shilling wergeld man who isguiltless, let him that acknowledges the blow pay over wergeld andfine, and let every man who was of the party hand over 30 shillings intoken of his complicity.30. If it is a case of a 600 shilling wergeld man, let each of them pay60 shillings as a token of their complicity, and let him that struckthe fatal blow pay wergeld and fine.31. If he that is killed is a 1200 shilling wergeld man, let each ofthem pay 120 shillings, and let the one who struck the fatal blow paywergeld and fine. If a group commit this sort of killing, and laterdeny responsibility on oath, let them all be accused, and let them payover the wergeld as a group, and together pay one fine such ascorresponds to the wergeld.32. If someone commits slander and it is proved against him, let himmake atonement with no lighter penalty than having is tongue cut out.It i.e. the tongue must not be redeemed for any lesser value than wouldbe reckoned in proportion to the wergeld.33. If someone reproach another with breach of church-witnessed pledgeand wishes to accuse him of not fulfilling any of those pledges that hegave him, let the accuser make his preliminary oath in four churches,and the other i.e. the accused, if he wishes to assert his good faith -let him do that in twelve churches.34. Also it is laid down for traders that they should produce beforethe king's officer at the local assembly those people that they aretaking inland with them, and let it be established how many of themthere are. And let them take only such men as they can afterward beaccountable for at the local assembly. An if they have need of more menalong with them on their journey, let it always be declared, as oftenas is necessary, to the king's officer before the assembly.35. If someone restrains a free man who is innocent, let him paycompensation of ten shillings. If he flogs him, compensation of twentyshillings. If he put him to torture compensation of thirty shillings.If as a humiliation he shave his head like a hom*olan, let him paycompensation of ten shillings. If he shaves him i.e. his head like apriest's, without binding him let him pay compensation of thirtyshillings. If he shaves off his beard, let him pay compensation oftwenty shillings. If he ties him up and then shaves his head like apriest's, let him pay compensation of sixty shillings.36. It is established that if someone has a spear over his shoulder andsomeone else impales himself upon it, he i.e. the spear-carrier shallpay the wergeld without any fine. If he is impaled from in front, lethim i.e. the spear-carrier pay the wergeld. If someone accuses him i.e.the spear-carrier of deliberately doing it, let him assert hisinnocence at a rate corresponding to the fine, and by that finish withthe fine. And this applies if the point is above the rest of the shaft;if they are both level, point and shaft, let it count as no risk.37. If someone wants to seek a new lord, transferring from one districtto another district, let him do it with the knowledge of the chiefofficer to whom he was originally responsible in his shire. If he doesit without his i.e. the officer's knowledge, let him who harbours himas his follower pay over 120 shillings as a fine. But let him divideit, paying the king half in the shire where the man was originallyanswerable, and half in that he has moved to. If he i.e. the man whom*oves had done anything wrong where he came from, let him who receiveshim as his follower pay the compensation and a fine of 120 shillings tothe king.38. If someone starts a fight in front of the king's officer at anassembly, let him pay compensation of wergeld and a fine, as it iscustomary; and as a priority a fine of 120 shillings to the officer[earldorman] concerned. If he disturb the assembly by drawing a weapon,let him pay 120 shillings to the officer by way of fine. If somethingof this sort occurs before the king's officer's deputy or a royalpriest, let him pay 30 shillings by way of fine.39. If someone starts a fight on the floor of a free man's house, lethim pay compensation of six shillings to the freeman. If he draws hisweapon but does not fight, let the compensation be half that. If eitherof these offences takes place in the house of a 600 shilling wergeldman, let the rate rise to triple the compensation due the freeman. Inthe case of a 1200 shilling wergeld man, a rate twice that of thecompensation of the 600 shilling wergeld man.40. For breaking into a royal residence the penalty shall be 120shillings. Into an archbishop's, ninety shillings. Into anotherbishop's or a royal officer's, 60 shillings. Into a 1200 shillingwerwgeld man's, thirty shillings. Into a 600 shilling wergeld man'sfifteen shillings. For breaking into a freeman's property the penaltyshall be five shillings. If something of this kind takes place whilethe levy [fyrd] is on duty elsewhere, or during Lent, let it be adouble compensation. If someone sets aside holy custom publicly in Lentwithout an exemption, let him pay a compensation of 120 shillings.41. The man who has charter land [bocland] which his kin left him, isnot allowed, we enact, to part with it outside his kin-group, if thereis written evidence or spoken witness that it was forbidden to be doneby those people who originally acquired it or by those who passed it tohim. Let him i.e. the one who opposes the alienation process declareany such stipulation in the presence of the king and the bishop, withhis own kin attending.42. Also we command that the man who knows his enemy is quiescent athome should not start a fight before he has asked him for justice. Ifhe has the strength to surround his enemy and besiege him, let himcontain him for 7 days within and not attack him if he i.e. the enemyis willing to abide within. After seven days if he is willing tosurrender and hand over his weapons, let him i.e. the avenger keep himunharmed for thirty days and inform his kinsmen and his friends abouthim. But if he i.e. the enemy flee to a church, let the matter beresolved according to the privilege of the church, as we detailedabove. But if he i.e. the avenger does not have the resources tobesiege him i.e. the enemy, let him ride to the royal officer and askhim for help. If he i.e. the officer is unwilling to assist, let himride and ask the king, before he mounts an attack.Further, if someone happen upon his enemy and did not know beforehandthat he was quiescent at home, if he i.e. the enemy is willing to handover his weapons, let him be held for thirty days and inform hisfriends about him; if he is not willing to hand over his weapons thenhe i.e. the avenger may attack him. If he i.e. the enemy is willing tosurrender and hand over his weapons and yet someone still attacks him,let the aggressor pay over wergeld and wound compensation, according towhat he has done, and pay a fine, and lose his kin-status.We also declare someone may fight in support of his lord without blame,if anyone has attacked the lord; so too the lord may fight in supportof his follower. In the same way, someone may fight on behalf of hisblood relative if someone attack him wrongfully, but not take the sideof a kinsman against his lord - that we do not permit. Someone mayfight blamelessly if he discovers another with his lawful wife behindclosed doors or under the one cover, or with his legitimate daughter,or with his legitimate sister or with his mother if she was givenlawfully to his father.43. To all free people let these following days be granted as holidaysbut not to slaves and servile workers; twelve days at Christmas and theday that Christ overcame the Devil, and St. Gregory's commemorationday, and seven days before Easter and seven after, and one day at thecelebration of St. Peter and St. Paul and the full week in harvestbefore St. Mary's Mass, and one day for the celebration of All Hallows.The four Wednesdays in the Ember weeks shall be granted to all slavesto sell to anyone that pleases them to anything either that any manwill give them in God's name or what they in any spare time can manage."44.-77. The compensations for wounds is as follows: head if both bonesof the head be pierced 30s., head if the outer bone only be pierced15s.; an inch long wound in the area of the hair 1s., an inch longwound in the front of the hair 2s.; striking off the other ear 30s., ifthe hearing be affected so that he cannot hear 60s.; putting out an eye60s. 6 1/3 d., if the eye stay in the head but he can see nothing withit 1/3 of the compensation be remitted; striking off a nose 60s.;striking a front tooth 8s., a back tooth 4s., a canine tooth 15s.;severing cheeks 15s., breaking a chin bone 12s.; perforating a windpipe12s.; removing a tongue the same compensatin for any eye; wounding inthe shoulder so that the muscle fluid flows out 30s.; shattering thearm above the elbow 15s.; shattering both arm bones 30s.; striking offthe thumb 30s., if the nail is struck off 5s.; striking off theforefinger 15s., for the nail 4s.; striking off the middle finger 12s.,for the nail 2s.; striking off the ring finger 17s., for the nail 4s.;striking off the little finger 9s., for the nail 1s.; wounding in thebelly 30s., if the wound go through the body 20s. for each opening;perforating the thigh or hip 30s., if it be disabled 30s.; piercing theleg below the knee 12s., if he is disabled below the knee 30s.;striking off the great toe 20s., the second toe 15s., the middle toe9s., the fourth toe 6s., the little toe 5s.; wounding in the testicl*sso that he cannot bear children 80s.; cutting off the arm below theelbow with the hand cut off 80s., wounding before the hair-line andbelow the sleeve and below the knee twice the value; permanentlydamaging the loins 60s., it they are stabbed 15s., if they are piercedthrough 30s.; wounding in the shoulder if the victim be alive 80s.;maiming a hand outwardly, providing it can be treated effectively 20s.,if half the hand be lost 40s.; breaking a rib without breaking the skin10s., if the skin be broken and the bone be extruded 15s.; cutting awayan eye hand or foot 66s.6 1/3 d.; cutting off the leg at the knee 80s.;breaking a shoulder 20s.; hacking into a shoulder so that the boneextrudes 15s.; severing the tendon of the foot and if it can be treatedso that will be sound again 12s., but if he is lame on account of thewound and he cannot be cured 30s.; severing the lesser tendon 6s.;severing the muscles up by the neck and damage them so severely that hehas no control over them and however lives on thus maimed 100s., unlessthe Witan appoint him a juster and greater sum.

Judicial Procedure

Cases were held at monthly meetings of the hundred court. Theking or one of his reeves, conducted the trial by compurgation, whichwas an appeal to the supernatural.

In compurgation, the one complaining, called the "plaintiff",and the one defending, called the "defendant", each told their storyand put his hand on the Bible and swore "By God this oath is clean andtrue". A slip or a stammer would mean he lost the case. Otherwise,community members would stand up to swear on behalf of the plaintiff orthe defendant as to their reputation for veracity. The value of a man'soath was commensurate with his value or wergeld. A man's brothers wereusually his compurgators. The number of compurgators varied accordingto the nature of the case and the rank of the persons concerned. Ifthere were too few "compurgators", usually twelve in number, or recitedpoorly, their party lost. If this process was inconclusive, the partiescould bring witnesses to declare such knowledge as they had asneighbors. These witnesses, male and female, swore to particular pointsdetermined by the court.

If compurgation failed, the defendant was told to go to churchand to take the sacrament only if he was innocent. If he took thesacrament, he was tried by the process of "ordeal", which wasadministered by the church. In the ordeal by cold water, he was given adrink of holy water and then bound hand and foot and thrown into water.If he floated, he was guilty beccause the holy water had rejected him.If he sank, he was innocent. It was not necessary to drown to be deemedinnocent. In the ordeal by hot water, he had to pick up a stone frominside a boiling cauldron. If his hand was healing in three days, hewas innocent. If it was festering, he was guilty. A similar ordeal wasthat of hot iron, in which one had to carry in his hands a hot iron fora certain distance. In the ordeal of the consecrated morsel, one wouldswallow a morsel; if he choked on it, he was guilty. The results of theordeal were taken to indicate the will of God.

An archbishop's or bishop's oath was incontrovertible. If theywere accused, they could clear themselves with an oath that they wereguiltless. Lesser ranks could clear themselves with the oaths of atleast three compurgators of their rank or, for more serious offenses,undergo the ordeal.

The shire and hundred courts were held for free tenants of alord and the judges were the tenants themselves. The feudal courts wereheld for unfree tenants and the lord or his steward was the judge.

The earl presided over the shire court. He received one-thirdof the profits of justice. The judges were the owners of certain piecesof land. The shire court was held twice a year. There was littledistinction between secular and spiritual jurisdiction. A bishop saton the shire court. The shire court fulfilled all three functions ofgovernment: judicial, legislative, and executive.

The courts had no efficient mode of compelling attendance orenforcing their orders, except by outlawing the offender, that is,putting him outside the protection of the law, so that anyone mightkill him with impunity. In grave cases, a special expedition could becalled against an offender.

The individual wronged had his choice of payment in money or engagingin a blood feud. The sums of money of the system of bot, wer, and witewere enormous, and often could not be paid. Then a man could bedeclared outlaw or sold as a slave. If a person was outlawed, he alsoforfeited all his goods to the king.

Cases of general importance concerned mayslaying, wounding, andcattle-stealing.

A person convicted of murder, i.e. killing by stealth orrobbery [taking from a person's robe, that is, his person or breakinginto his home to steal] could be hung and his possessions confiscated.

A man had a self-help right to arrest a thief hand-habbende [a thieffound with the stolen goods in his hands] and a thief back-berend [athief found with the stolen goods on his back or about his person].

Any inanimate or animate object or personal chattel which wasfound 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, abeast which killed a man, a sword of a third party not the slayer thatwas used to kill a man. The deodand was to go to the dead man's kin sothey could wreak their vengeance on it, which in turn would cause thedead man to lie in peace.

This is a lawsuit regarding rights to feed pigs in a certainwoodland: "In the year 825 which had passed since the birth of Christ,and in the course of the second Indiction, and during the reign ofBeornwulf, King of Mercia, a council meeting was held in the famousplace called Clofesho, and there the said King Beornwulf and hisbishops and his earls and all the councilors of this nation wereassembled. Then there was a very noteworthy suit about wood pasture atSinton, towards the west in Scirhylte. The reeves in charge of thepigherds wished to extend the pasture farther, and take in more of thewood than the ancient rights permitted. Then the bishop and theadvisors of the community said that they would not admit liability formore than had been appointed in AEthelbald's day, namely mast for 300swine, and that the bishop and the community should have two thirds ofthe wood and of the mast. The Archbishop Wulfred and all the councilorsdetermined that the bishop and the community might declare on oath thatit was so appointed in AEthelbald's time and that they were not tryingto obtain more, and the bishop immediately gave security to EarlEadwulf to furnish the oath before all the councilors, and it wasproduced in 30 days at the bishop's see at Worcester. At that time Hamawas the reeve in charge of the pigherds at Sinton, and he rode until hereached Worcester, and watched and observed the oath, as Earl Eadwulfbade him, but did not challenge it. Here are the names and designationsof those who were assembled at the council meeting …"

Chapter 3

The Times: 900-1066

There were many large landholders such as the King, earls, andbishops. Earls were noblemen by birth, and often relatives of the King.They were his army commanders and the highest civil officials, eachresponsible for a shire. A breach of the public peace of an earl wouldoccasion a fine. Lower in social status were freemen: sokemen, andthen, in decreasing order, villani [villeins], bordarii, and cottarii.The servi were the slaves. Probably all who were not slaves werefreemen.

Kings typically granted land in exchange for services ofmilitary duties, maintaining fortresses, and repairing bridges. Lesscommon services required by landlords include equipping a guard shipand guarding the coast, guarding the lord, military watch, maintainingthe deer fence at the King's residence, alms giving, and church dues.Since this land was granted in return for service, there werelimitations on its heritability and often an heir had to pay a heriotto the landlord to obtain the land. A heriot was originally the weaponsand armor of a man killed, which went to the King. The heriot of athegn who had soken [or jurisdiction over their own lands] came to beabout 80s.; of a kings' thegn about four lances, two coats of mail, twoswords, and 125s.; of an earl about eight horses, four saddled and fourunsaddled, eight lances, four coats of mail, four swords, and 500s.

There were several thousand thegns, rich and poor, who heldland directly of the King. Some thegns had soken and others did not.Free farmers who had sought protection from thegns in time of war nowtook them as their lords. A freeman could chose his lord, following himin war and working his land in peace. All able-bodied freemen wereliable to military service in the fyrd [national militia], but not in alord's private wars. In return, the lord would protect him againstencroaching neighbors, back him in the courts of law, and feed him intimes of famine. But often, lords raided each other's farmers, who fledinto the hills or woods for safety. Often a lord's fighting men stayedwith him at his large house, but later were given land with inhabitantson it, who became his tenants. The lords were the ruling class and thegreatest of them sat in the King's council along with bishops, abbots,and officers of the King's household. The lesser lords were localmagnates, who officiated at the shire and hundred courts.

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

There was a great expansion of arable land. Some land had beenspecifically allocated to certain individuals. Some was common land,held by communities. If a family came to pay the dues and fines oncertain common land, it could become personal to that family and wasthen known as heirland. Most land came to be privately held fromcommunity-witnessed allotments or inheritance. Bookland was thoseholdings written down in books. This land was usually land that hadbeen given to the church or monasteries because church clerics couldwrite. So many thegns gave land to the church, usually a hide, that thechurch held 1/3 of the land of the realm. Folkland was that land thatwas left over after allotments had been made to the freemen and whichwas not common land. It was public land and a national asset and couldbe converted to heirland or bookland only by action of the king andwitan. It could also be rented by services to the state via charter. Aholder of folkland might express a wish, e.g. by testamentary action,for a certain disposition of it, such as an estate for life or livesfor a certain individual. But a distinct act by the king and witan wasnecessary for this wish to take effect. Small private transactions ofland could be done by "livery of seisin" in the presence of neighbors."Seisin" is rightful possession. A man in possession of land ispresumed to have "seisin", unless and until someone else can establisha better title by legal process. 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 orhorses in sets of two behind each other. Oxenshoes and horseshoesprevented lameness due to cracked hooves. Horse collars especiallyfitted for horses, replaced oxen yoke that had been used on horses. Thehorse collar did not restrict breathing and enabled horses to use thesame strength of oxen. Also, horses had better endurance and fasterspeed.

A free holder's house was wood, perhaps with a stonefoundation, and roofed with thatch or tiles. There was a main room orhall, with bed chambers around it. Beyond was the kitchen, perhapsoutside under a lean-to. These buildings were surrounded by a bank orstiff hedge.

Simple people lived in huts made from wood and mud, with onedoor and no windows. They slept around a wood-burning fire in themiddle of the earthen floor. They wore shapeless clothes of goat hairand 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 ormead. 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 rawveal and wild fowl such as ducks, geese, or pigeons, and game snared inthe forest. Poultry was a luxury food, but recognized as therapeuticfor invalids, especially in broth form [chicken soup]. Venison washighly prized. There were still some wild boar, which were hunted withlong spears, a greyhound dog, and hunting horns. They sometimes matedwith the domestic pigs which roamed the woodlands. In September, theold and infirm pigs were slaughtered and their sides of bacon smoked inthe rafters for about a month. Their intestines provided skin forsausages. In the fall, cattle were slaughtered and salted for foodduring 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, sometimesearthenware plates, drinking horns, drinking cups from ash or alderwoodturned on a foot-peddled pole lathe, and bottles made of leather. Theirbowls, pans, and pitchers were made by the potter's wheel. Water couldbe boiled in pots made of iron, brass, lead, or clay. Water could becarried in leather bags because leather working preservative techniquesimproved so that tanning prevented stretching or decaying. At the backof each hut was a hole in the ground used as a latrine, which fliesfrequented. Moss was used for toilet paper. Parasitical worms in thestool were ubiquitous.

Most of the simple people lived in villages of about 20 homescircling a village green or lining a single winding lane. There wereonly first names, and these were usually passed down family lines. Togrind their grain, the villagers used hand mills with crank and gear,or a communal mill, usually built of oak, driven by power transmittedthrough a solid oak shaft, banded with iron as reinforcement, tointernal gear wheels of elm. Almost every village had a watermill. Itmight be run by water shooting over or flowing under the wheel.

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

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

The lands of the large landholding lords were administered byfreemen. They had wheat, barley, oats, and rye fields, orchards,vineyards for wine, and beekeeping areas for honey. On this land livednot only farm laborers, cattle herders, shepherds, goatherds, andpigherds, but craftsmen such as goldsmiths, hawkkeepers, dogkeepers,horsekeepers, huntsmen, foresters, builders, weaponsmiths, embroiders,bronze smiths, blacksmiths, watermill wrights, wheelwrights, wagonwrights, iron nail makers, potters, soap makers (made from wood ashesreacting 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 madegates, huge door hinges, locks, latches, bolts, and horseshoes. Thelord loaned these people land on which to live for their life, called a"life estate", in return for their services. The loan could continue totheir widows or children who took up the craft. Mills were usuallypowered by water. Candles were made from beeswax, which exuded a brightand steady light and pleasant smell, or from mutton fat, which had anunpleasant odor. The wheeled plough and iron-bladed plough made thefurrows. One man held the plough and another walked with the oxen,coaxing them forward with a stick and shouts. Seeds were held in anapron for seeding. Farm implements included spades, shovels, rakes,hoes, buckets, barrels, flails, and sieves. Plants were pruned todirect their growth and to increase their yield. Everyone got togetherfor feasts at key stages of the farming, such as the harvest. Easterwas the biggest feast. When the lord was in the field, his lady heldtheir estate. There were common lands of these estates as well as ofcommunities. Any proposed new settler had to be admitted at the courtof this estate.

The land of some lords included fishing villages along thecoasts. From the sea were caught herrings, salmon, porpoises, sturgeon,oysters, crabs, mussels, co*ckles, winkles, plaice, flounder, andlobsters. 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'speace extended over the waterways. If mills, fisheries, weirs, or otherstructures were set up to block them, they were to be destroyed and apenalty paid to the king.

Other lords had land with iron mining industries. Ore was dugfrom the ground and combined with wood charcoal in a shaft furnace tobe smelted into liquid form. Wood charcoal was derived from controlledcharring of the wood at high temperatures without using oxygen. Thisburned impurities from it and left a purer carbon, which burned betterthan wood. The pure iron was extracted from this liquid and formed intobars. To keep the fire hot, the furnaces were frequently placed atwindswept crossings of valleys or on the tops of hills.

Some lords had markets on their land, for which they charged atoll for participation. There were about fifty markets in the nation.Cattle and slaves (from the word "slav") were the usual medium ofexchange. An ox was still worth about 30d. Shaking hands was symbolicof an agreement for a sale, which had to be carried out in front ofwitnesses at the market for any property worth over 20d. The higher thevalue of the property, the more witnesses were required. Witnesses werealso required for the exchange of property and to vouch for cattlehaving being born on the property of a person claiming them. Peopletraveled to markets on deep, sunken roads and narrow bridges kept inrepair 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 thewinter. Inland saltworks had an elaborate and specialized organization.The chief one used saltpans and furnaces to extract salt from naturalbrine springs. They formed little manufacturing enclaves in the midstof agricultural land, and they were considered to be neither largeprivate estates headed by a lord nor appurtenant to such. They belongedjointly to the king and the local earl, who shared, at a proportion oftwo to one, the proceeds of the tolls upon the sale of salt and methodsof carriage on the ancient salt ways according to cartload, horse load,or man load. Sometimes there were investors in a portion of the workswho lived quite at distance away. The sales of salt were mostly retail,but some bought to resell. Peddlers carried salt to sell from villageto village.

Some smiths traveled for their work, for instance, stonewrightsbuilding arches and windows in churches, and lead workers putting leadroofs on churches.

An example of a grant of hides of land is: "[God has endowedKing Edred with England], wherefore he enriches and honors men, bothecclesiastic and lay, who can justly deserve it. The truth of this canbe acknowledged by the thegn AElfsige Hunlafing through his acquisitionof the estate of 5 hides at Alwalton for himself and his heirs, freefrom every burden except the repair of fortifications, the building ofbridges and military service; a prudent landowner church dues, burialfees and tithes. [This land] is to be held for all time and grantedalong with the things both great and small belonging to it."

A Bishop gave land to a faithful attendant for his life and twoother lives as follows: "In 904 A.D., I, Bishop Werfrith, with thepermission and leave of my honorable community in Worcester, grant toWulfsige, my reeve, for his loyal efficiency and humble obedience, onehide 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 givenback without any controversy to Worcester."

At seaports on the coast, goods were loaded onto vessels ownedby English merchants to be transported to other English seaports.London was a market town on the north side of the Thames River and theprimary port and trading center for foreign merchants. Streets thatprobably date from this time include Milk, Bread, and Wood Streets, andHoney Lane. There were open air markets such as Billingsgate. Therewere wooden quays over much of the river front. Houses were made ofwood, with one sunken floor, or a ground floor with a cellar beneath.Some had central stone hearths and earth latrines. There were crudepottery cooking pots, beakers and lamps, wool cloth, a little silk,simple leather shoes, pewter jewelry, looms, and quernstones (forgrinding 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 wereimported. Goods from the continent were sold at open stalls in certainstreets. Furs and slaves were traded. There was a royal levy on exportsby foreigners merchants. Southwark, across the Thames River fromLondon,was reachable by a bridge. Southwark contained sleazy docks,prisons, gaming houses, and brothels.

Guilds in London were first associations of neighbors for thepurposes of mutual assistance. They were fraternities of persons byvoluntary compact to assist each other in poverty, including theirwidows or orphans and the portioning of poor maids, and to protect eachother from injury. Their essential features are and continue to be inthe future: 1) oath of initiation, 2) entrance fee in money or in kindand a common fund, 3) annual feast and mass, 4) meetings at least threetimes yearly for guild business, 5) obligation to attend all funeralsof members, to bear the body if need be from a distance, and to providemasses for the dead, 6) the duty of friendly help in cases of sickness,imprisonment, house burning, shipwreck, or robbery, 7) rules for decentbehavior at meetings, and 8) provisions for settling disputes withoutrecourse to the law. Both the masses and the feast were attended by thewomen. Frequently the guilds also had a religious ceremonial to affirmtheir bonds of fidelity. They readily became connected with theexercise of trades and with the training of apprentices. They promotedand took on public purposes such as the repairing of roads and bridges,the relief of pilgrims, the maintenance of schools and almshouses, andthe periodic performance of pageants and miracle plays tellingscriptural history, which could last for several days. The devil oftenwas prominent in miracle plays.

Many of these London guilds were known by the name of theirfounding member. There were also Frith Guilds (peace guilds) and aKnights' Guild. The Frith Guild's main object was to enforce the King'slaws, especially the prevalent problem of theft. They were especiallyestablished by bishops and reeves. Members met monthly and contributedabout 4d. to a common fund, which paid a compensation for items stolen.They each paid 1s. towards the pursuit of the thief. The members weregrouped in tens. Members with horses were to track the thief. Memberswithout horses worked in the place of the absent horse owners untiltheir return. When caught, the thief was tried and executed.Overwhelming force was used if his kindred tried to protect him. Hisproperty was used to compensate the victim for his loss and thendivided between the thief's wife, if she was innocent, the King, andthe guild. Owners of slaves paid into a fund to give one halfcompensation to those who lost slaves by theft or escape, andrecaptured slaves were to be stoned to death or hanged. The members ofthe peace guild also feasted and drank together. When one died, theothers each sang a song or paid for the singing of fifty psalms for hissoul and gave a loaf.

The Knights' Guild was composed of thirteen military persons towhom King Edgar granted certain waste land in the east of London,toward Aldgate, and also Portsoken, which ran outside the eastern wallof the city to the Thames, for prescribed services performed, probablydefense of the vulnerable east side of the city. This concession wasconfirmed by King Edward the Confessor in a charter at the suit ofcertain citizens of London, the successors of these knights. Edwardgranted them sake and soke, the right to hold a court for the offenderand to receive the profits of 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 partsoutside of the city a man ought not to hold or hinder another, and alsoshould not do business with him if he wish to come to the city underits peace. But when he arrives in the city, then let the market be thesame 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 thebarons ought not to lodge in the house of any citizen of London forthree nights, either by privilege or by custom, except by consent ofthe host. For if he force the host to lodge him in his house and therebe killed by the host, let the host choose six from his relatives andlet him as the seventh swear that he killed him for the said cause. Andthus he will remain quit of the murder of the - - deceased towards theking and relatives and lords of the deceased.

3. And after he has entered the city, let a foreign merchant be lodgedwherever it please him. But if he bring dyed cloth, let him see to itthat he does not sell his merchandise at retail, but that he sell notless 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 sellnot less than fifteen pounds at a time. But if he bring belts, let himsell not less than a thousand at a - - time. And if he bring cloths ofsilk, or wool or linen, let him see that he cut them not, but sell themwhole. 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 thecity, nor do any work which belongs by right to the citizens.

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

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

Later in the towns, merchant guilds grew out of charityassociations whose members were bound by oath to each other and gottogether for a guild feast every month. Some traders of these merchantguilds became so prosperous that they became landholders. Many marketplaces were dominated by a merchant guild, which had a monopoly of thelocal trade. In the great mercantile towns all the land and houseswould be held by merchants and their dependents, all freeholders wereconnected with a trade, and everyone who had a claim on public officeor magistry would be a member of the guild. The merchant guild couldadmit into their guild country villeins, who became freemen ifunclaimed by their lords for a year and a day. Every merchant who hadmade three long voyages on his own behalf and at his own cost ranked asa thegn. There were also some craft guilds composed of handicraftsmenor artisans. Escaped bonded agricultural workers, poor people, andtraders without land migrated to towns to live, but were not citizens.

Towns were largely self-sufficient, but salt and iron came froma distance. The King's established in every shire at least one townwith a market place where purchases would be witnessed, and a mintwhere reliable money was coined by a moneyer, who put his name on hiscoins. There were eight moneyers in London. Coins were issued to be ofvalue for only a couple of years. Then one had to exchange them fornewly issued ones at a rate of about 10 old for 8 or 9 new. Thedifference constituted a tax. Roughly 10% of the people lived in towns.Some took surnames such as Tanner, Weaver, or Carpenter. Some hadaffectionate or derisive nicknames such as clear-hand, fresh friend,soft bread, foul beard, money taker, or penny purse. Craftsmen in the1000s included goldsmiths, embroiderers, illuminators of manuscripts,and armorers.

Edward the Confessor, named such for his piety, was a king of24 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 stabilizinginfluence on him. They were served by a number of thegns, who hadduties in the household, which was composed of the hall, the courtyard,and the bedchamber. They were important men - thegns by rank. They werelandholders, often in several areas, and held leading positions in theshires. They were also priests and clerics, who maintained thereligious services and performed tasks for which literacy wasnecessary. Edward was the first king to have a "Chancellor", who wasthe first great officer of state. He kept a royal seal and was thechief royal chaplain. He did all the secretarial work of the householdand court, drew up and sealed the royal writs, conducted the king'scorrespondence, and kept all the royal accounts. The word "chancellor"signified a screen behind which the secretarial work of the householdwas done. He had the special duty of securing and administering theroyal revenue from vacant benefices. The second great office was thatof Treasurer, who headed the Exchequer. The most important royalofficers were the chamberlains, who took care of the royal bedchamberand adjoining wardrobe used for dressing and storage of valuables, andthe priests. These royal officers had at first been responsible onlyfor domestic duties, but gradually came to assume public administrativetasks.

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

The court invited many of the greatest magnates and prelates[highest ecclesiastical officials, such as bishops] of the land to thegreat ecclesiastical festivals, when the king held more solemn courtsand feasted with his vassals for several days. These included all thegreat earls, the majority of bishops, some abbots, and a number ofthegns and clerics. Edward had a witan of wise men to advise him, butsometimes the King would speak in the hall after dinner and listen towhat comments were made from the mead-benches. As the court moved aboutthe country, many men came to pay their respects and attend to localbusiness. Edward started the practice of King's touching people to curethem of scrofula, a disease which affected the glands, especially inthe head and neck. It was done in the context of a religious ceremony.

The main governmental activities were: war, collection ofrevenue, religious education, and administration of justice. For war,the shires had to provide a certain number of men and the ports quotasof ships with crews. The king was the patron of the English church. Hegave the church peace and protection. He presided over church councilsand appointed bishops. As for the administration of justice, the publiccourts were almost all under members of Edward's court, bishops, earls,and reeves. Edward's mind was often troubled and disturbed by thethreat that law and justice would be overthrown, by the pervasivenessof disputes and discord, by the raging of wicked presumption, by moneyinterfering with right and justice, and by avarice kindling all ofthese. He saw it as his duty to courageously oppose the wicked bytaking good men as models, by enriching the churches of God, byrelieving those oppressed by wicked judges, and by judging equitablybetween the powerful and the humble. He was so greatly revered that acomet was thought to accompany his death.

The king established the office of the Chancery to draftdocuments and keep records. It created the writ, which was a smallpiece of parchment [sheep skin] addressed to a royal official ordependent commanding him to perform some task for the King. By the1000s A.D., the writ contained a seal: a lump of wax with the impressof the Great Seal of England which hung from the bottom of thedocument. Writing was done with a sharpened goose-wing quill. Ink wasobtained from mixing fluid from the galls made by wasps for their eggson oak trees, rainwater or vinegar, gum arabic, and iron salts forcolor.

A King's grant of land entailed two documents: a charter givingboundaries and conditions and a writ, usually addressed to the shirecourt, listing the judicial and financial privileges conveyed with theland. These were usually sac [jurisdiction of a lord to hold court andto impose fines and amercements] and soke [jurisdiction of a privatecourt of a noble or institution to execute the laws and administerjustice over inhabitants and tenants of the estate], toll [right tohave a market and to collect a payment on the sale of cattle and otherproperty on one's own estate] and team [a privilege granted by royalcharter to the lord of a manor for the having, restraining, and judgingof villeins with their children, goods, and chattels], andinfangenetheof [the authority to hang and take the chattels of a thiefcaught on his estate].

The town of Coventry consisted of a large monastery estate,headed by an abbot, and a large private estate headed by a lord. Themonastery was granted by Edward the Confessor full freedom and thesejurisdictions: sac and soke, toll and team, hamsocne [the authority tofine a person for breaking into and making entry by force into thedwelling of another], forestall [the authority to fine a person forrobbing others on the road], bloodwite [the authority to impose aforfeiture for assault involving bloodshed], fightwite [the authorityto fine for fighting], weordwite [the authority to fine formanslaughter, but not for willful murder], and mundbryce [the authorityto 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 a fealty oath such as: "By the Lord, before whom this relicis 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 tothe world's principle, and never, by will nor by force, by word nor bywork, do ought of what is loathful to him; on condition that he keep meas I am willing to deserve, and all that fulfill that our agreementwas, when I to him submitted and chose his will." If a man was homelessor lordless, his brothers were expected to find him such, e.g. in thefolkmote. Otherwise, he was to be treated as a fugitive and could beslain, and anyone who had harbored him would pay a penalty. Brotherswere also expected to protect their minor kinsmen. When the oath offealty was sworn, the man usually did homage to this lord symbolized byholding his hands together between those of his lord.

Marriages were determined by men asking women to marry them. Ifa woman said yes, he paid a sum to her kin for her "mund" [jurisdictionor protection over her] and gave his oath to them to maintain andsupport the woman and any children born. As security for this oath, hegave a valuable object or "wed". The couple were then betrothed.Marriage ceremonies were performed by priests in churches. The groomhad to bring friends to his wedding as sureties to guarantee his oathto maintain and support his wife and children. Those who swore to takecare of the children were called their "godfathers". The marriage waswritten into church records. After witnessing the wedding, friends atethe great loaf, or first bread made by the bride. This was theforerunner 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 marriageagreement with an Archbishop's sister provides her with land, money,and horsem*n:

"Here in this document is stated the agreement which Wulfricand the archbishop made when he obtained the archbishop's sister as hiswife, namely he promised her the estates at Orleton and Ribbesford forher lifetime, and promised her that he would obtain the estate atKnightwick for her for three lives from the community at Winchcombe,and gave her the estate at Alton to grant and bestow upon whomsoevershe pleased during her lifetime or at her death, as she preferred, andpromised her 50 mancuses of gold and 30 men and 30 horses.The witnesses that this agreement was made as stated were ArchbishopWulfstan and Earl Leofwine and Bishop AEthelstan and Abbot AElfweardand the monk Brihtheah and many good men in addition to them, bothecclesiastics and laymen. There are two copies of this agreement, onein the possession of the archbishop at Worcester and the other in thepossession 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 ofwhom would receive all this property:

"Here is declared in this document the agreement which Godwine madewith Brihtric when he wooed his daughter. In the first place he gaveher a pound's weight of gold, to induce her to accept his suit, and hegranted her the estate at Street with all that belongs to it, and 150acres at Burmarsh and in addition 30 oxen and 20 cows and 10 horses and10 slaves.This agreement was made at Kingston before King cnu*t, with thecognizance of Archbishop Lyfing and the community at Christchurch, andAbbot AElfmaer and the community at St. Augustine's, and the sheriffAEthelwine and Sired the old and Godwine, Wulfheah's son, and AElfsigecild and Eadmaer of Burham and Godwine, Wulfstan's son, and Carl, theKing's cniht. And when the maiden was brought from Brightling AElfgar,Sired's son, and Frerth, the priest of Forlstone, and the priestsLeofwine and Wulfsige from Dover, and Edred, Eadhelm's son, andLeofwine, Waerhelm's son, and Cenwold rust and Leofwine, son of Godwineof Horton, and Leofwine the Red and Godwine, Eadgifu's son, andLeofsunu his brother acted as security for all this. And whichever ofthem lives the longer shall succeed to all the property both in landand everything else which I have given them. Every trustworthy man inKent and Sussex, whether thegn or commoner, is cognizant of these terms.There are three of these documents; one is at Christchurch, another atSt. Augustine's, and Brihtric himself has the third."

Nuns and monks lived in segregated nunneries and monasteries onchurch land and grew their own food. The local bishop usually was alsoan abbot of a monastery. The priests and nuns wore long robes withloose belts and did not carry weapons. Their life was ordered by theringing of the bell to start certain activities, such as prayer; meals;meetings; work in the fields, gardens, or workshops; and copying andilluminating books. They chanted to pay homage and to communicate withGod or his saints. They taught justice, piety, chastity, peace, andcharity; and cared for the sick. Caring for the sick entailed mostlypraying to God as it was thought that only God could cure. They batheda few times a year. They got their drinking water from upstream ofwhere they had located their latrines over running water. The largemonasteries 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 ofa child over seven. The clergy taught that manumission of slaves wasgood for the soul of the dead, so it became frequent in wills. Theclergy 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 thetime of coronation to emphasize that the king was ruler by the grace ofGod. As God's minister, the king could only do right. From 973, the newking swore to protect the Christian church, to prevent inequities toall subjects, and to render good justice, which became a standard oath.

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

God intervened in daily life, especially if worshipped. JesusChrist, his mother the Virgin Mary and saints were also worshipped.Saints such as Bede and Hilda performed miracles, especially ones ofcuring. Their spirits could be contacted through their relics, whichrested at the altars of churches. Sin resulted in misfortune. Whensomeone was said to have the devil in him, people took it quiteliterally. Omens fortold events. A real Jack Frost nipped noses andfingers and made the ground too hard to work. Little people, elves,trolls, and fairies inhabited the fears and imaginings of people. Theforest was the mysterious home of spirits. People prayed to God to helpthem in their troubles and from the work of the devil. Prayer was oftena charm to conjure up friendly spirits rather than an act ofsupplication. Sorcerers controlled the forces of nature with the aid ofspirits. Since natural causes of events were unknown, people attributedevents to wills like their own. Illness and disease were thought to becaused by demons and witches. To cure illness, people hung charmsaround their neck and went to good witches for treatments of magic andherbs. For instance, the remedy for "mental vacancy and folly" was adrink of "fennel, agrimony, co*ckle, and marche".Some herbs hadhallucinogenic effects, which were probably useful for pain. Blood-letting by leeches and cautery were used for most maladies, which werethought to be caused by imbalance of the four bodily humors: sanguine,phlegmatic, choleric, and melancholic. These four humors reflected thefour basic elements air, water, fire, and earth. Blood was hot andmoist like air; phlegm was cold and moist like water; choler or yellowbile was hot and dry like fire; and melancholy or black bile was coldand dry like earth. Bede had explained that when blood predominates, itmakes people joyful, glad, sociable, laughing, and talking a greatdeal. Phlegm renders them slow, sleepy, and forgetful. Red cholic makesthem thin, though eating much, swift, bold, wrathful, and agile. Blackcholic makes them serious of settled disposition, even sad. To relievebrain pressure and/or maybe to exorcise evil spirits, holes were madein skulls by a drill with a metal tip that was caused to turn back andforth by a strap wrapped around a wooden handle. A king's daughterEdith inspired a cult of holy wells, whose waters were thought toalleviate 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 toenter a fetus until after the third month, so presumably abortionswithin three months were allowable.

The days of the week were Sun day, Moon day, Tiw's day (Vikinggod of war), Woden's day (Viking god of victory, master magician,calmer of storms, and raiser of the dead), Thor's day (Viking god ofthunder), 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 (aViking tradition) when candles were lit and houses decorated withevergreen and there were festivities around the burning of the biggestlog available; Plough Monday for resumption of work after Yuletide;February 14th with a feast celebrating Saint Valentinus, a Roman bishopmartyr who had married young lovers in secret when marriage wasforbidden to encourage men to fight in war; New Year's Day on March25th when seed was sown and people banged on drums and blew horns tobanish spirits who destroy crops with disease; Easter, the day of theresurrection of Jesus Christ; Whitsunday, celebrating the descent ofthe Holy Spirit on the apostles of Jesus and named for the white wornby baptismal candidates; May Day when flowers and greenery was gatheredfrom the woods to decorate houses and churches, Morris dancers leaptthrough their villages with bells, hobby horses, and waving scarves,and people danced around a May pole holding colorful ribbons tied atthe 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 aneffigy 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. Peopledressed as demons, hobgoblins, and witches to keep spirits away frompossessing them. Trick or treating began with Christian beggars askingfor "soul cake" biscuits in return for praying for dead relatives.Ticktacktoe and backgammon were played.

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

The Law

There were several kings in this period. The king and witandeliberated on the making of new laws, both secular and spiritual, atthe regularly held witanagemot. There was a standard legal requirementof 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 answerfor him. Every lord shall be personally responsible as surety for themen of his household. [This included female lords.] (King Athelstan)

"And every man shall see that he has a surety, and this suretyshall bring and keep him to [the performance of] every lawful duty.1. -And if anyone does wrong and escapes, his surety shall incur whatthe other should have incurred.2. -If the case be that of a thief and his surety can lay hold of himwithin twelve months, he shall deliver him up to justice, and what hehas paid shall be returned to him." (King Edgar)

Every freeman who holds land, except lords with considerablelanded property, must be in a local tithing, usually ten to twelve men,in which they serve as personal sureties for each other's peacefulbehavior. If one of the ten landholders in a tithing is accused of anoffense, the others have to produce him in court or pay a fine plus paythe injured party for the offense, unless they could prove that theyhad 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).

Canute reigned from 1016 to 1035. The following are substantially allthe laws of Canute with an * before ones of special interest.

Proclamations of Canute are:

All my reeves, under pain of forfeiting my friendship and all that theypossess and their own lives, shall govern my people justly everywhere,and to pronounce just judgments with the cognizance of the bishops ofthe dioceses, and to inflict such mitigated penalties as the bishop mayapprove and the man himself may be able to bear.

I enjoin upon all the sheriffs and reeves throughout my kingdom that,as they desire to retain my friendship and their own sercurity, theyemploy no unjust force towards any man, either rich or poor, but thatall, both nobles and commoners, rich and poor, shall have their rightof just possession, which shall not be infringed upon in any way,either for the sake of obtaining the favour of the king or ofgratifying any powerful person or of collecting money for me; and Ihave no need that monoey should be collected for me by any unustexactions.

Ecclesiastical laws of Canute are:

Above all else, love and honour one God, and uphold one Christianfaith, and love King Canute with due fidlity.

*Maintain the security and sanctity of the churches of God, andfrequently attend them for the salvation of our souls and our ownbenefit. He who violates the protection given by the church of Godwithin its walls, or the protection granted by a Christian king inperson shall lose both land and life, unless the king is willing topardon him. Homicide within the church's walls shall not beatoned for by any payment of compensation, and everyone shall pursuethe miscreant, unless it happen that he escapes from there and reachesso inviolable a sanctuary that the king, because of that, grants himhis life, upon condition that he makes full amends both towards God andtowards men. The first conditon is that he shall give his own wergeldto Christ and to the king and by that means obtain the legal right tooffer compensation. And if the king allows compensation, amends for theviolation of the protection of the church shall be made by the paymentto the church of the full fine for breach of the king's mund, and thepurification of the church shall be carried out as is fiting, andcompensation both to the kin and to the lord of the slain man shall befully psid, and supplication shall earnestly be made to God. If theprotection of the church is broken by offenses such as fighting orrobbery, without the taking of life, amends shall diligently be made inaccordance with the nature of the offense. The penalty for violation ofthe protection of a principal church is 5 pounds, for a church ofmedium rank is 120s., for a church with a graveyard 60s., and for acountry chapel where there is no graveyard, 30s.

Maintain the security and sanctity of holy things and priests accordingto their rank, for they drive away devils, baptize anyone, hallow theEucharist, and intercede to Christ for the needs of the people. If anaccusation of evil practices is made against a priest and he knowshimself to be guiltless, he shall say Mass, if he dares, and thus clearhimelf by the Holy Communion in the cases of a simple accusation, andby the Holy Communion with two supporters of the same ecclesiasticalrank in the case of a triple accusation. If he has no supporters, heshall go to the ordeal of consecrated bread.

No monk who belongs to a monastery may demand or pay compensationincurred by vendetta because he leaves the law of his kindred behindwhen he accepts monastic rule.

If a priest is concerned in false witness or perjury or is theaccessory and accomplice of thieves, he shall be cast out from thefellowship of those in holy orders and forfeit every privilege, unlesshe make amends both towards God and towards men, as the bishop shallprescribe, and find surtey for future behavior.

Servants of God shall call upon Christ to intercede for all Christianpeople and practice celibacy. Those who turn away from marriage andobserve celibacy shall enjoy the privileges of a thegn.

*No Christian man shall marry among his own kin within six degress ofrelationship or with the widow of a man as nearly related to him asthat, or with a near relative of his first wife's. No man shall marryhis god-mother, a nun, or a divorced woman. He shall not commitadultery. He shall have no more wives that one, with whom he shallremain as long as she lives.

Ecclesiastical dues shall be paid yearly, namely, plough alms 15 daysafter Easter, the tithe [tenth] of young animals at Pentecost, and thetithe of the fruits of the earth at All Saints. Otherwise the king'sreeve, the bishop's reeve, and the lord's reeve shall take what is dueand assign him the next tenth, and the eight remaining parts shall gohalf to the lord and half to the bishop.

Peter's Pence shall be paid by St. Peter's Day or pay the bishop thepenny and 30d. in addition and 120s. to the king.

Church dues shall be paid at Martinmas, or pay the biship eleven foldand 120s. to the king.

Any thegn with a church with attached graveyard on his land shall givea third part of his own tithes to his church. If he has a churchwithout a graveyard, he shall give his priest whatever he desires fromthe nine remaining parts.

Light dues shall be paid a halfpenny worth of wax from every hide threetimes a year.

Payment for the souls of the dead should be rendered before the graveis closed.

*All festivals and fasts, such as Lent, shall be observed. The festivalof every Sunday shall be observed from noon on Saturday till dawn onMonday. No trading, public gatherings, hunting, or secular occupationsshall be done on Sunday. We forbid ordeals and oaths during festivalsand fasts.

To avoid the torment of hell, let us turn away from sin and confess ourmisdeeds to out confessors and cease from evil and make amends.

Each of us shall treat others as we desire to be treated.

Every Christian man shall prepare himself for the sacrament at leastthree times a year. Every friend shall abide by his oath and pledge.Every injustice shall be cast out from this land.

Let us be faithful and true to our lord and promote his honour andcarry out his will. And likewise, it is the duty of every lord to treathis men justly.

Men of every estate shall readily submit to the duty which befits them.

Every Christian man shall learn the Creed and the Pater Noster, thesacred prayer taught by Christ to his disciples which contains all thepetitions necessary for this life and the life to come. He who does notlearn it may not sponsor another man at baptism or at confirmation.

*Guard against grievous sins and devilish deeds and make amendsaccording to one's confessor's advice.

Fear God, be in terror of sin, and dread the Day of Judgment.

The bishops shall give example of our duty towards God.

Secular laws of Canute are:

All men, both rich and poor, shall be entitled to the benefit of thelaw, and just decisions shall be pronounced on their behalf.

Those in authority to give judgment shall consider very earnestly "Andforgive us our trespasses as we forgive them that trespass against us."Christian people shall not be condemned to death for trivial offenses.

We forbid the all too prevalent practice of selling Christian peopleout of the country, especially into heathen lands. Care shall be takenthat the souls which Christ bought with his own life be not destroyed.

*Any wizards or sorcerers, those who secretly compass death,prostitutes, thieves, and robbers shall be destroyed unless they ceaseand make amends.

We forbid heathen practices, namely the worship of idols, heathen gods,and the sun or moon, fire or water, springs or stones or any kind offorest trees, or indulgence in witchcraft or the compassing of death inany way, either by sacrifice or by divinations or by the practice ofany such delusions.

*Murderers and perjurers, injurers of the clergy, and adulterers shallsubmit and make amends or depart with their sins from their native land.

*Hypocrites and liars, robbers and plunderers shall incur the wrath of
God, unless they desist and make amends.

*There shall be one currency free from all adulteration throughout theland and no one shall refuse it. He who coins false money shall forfeitthe hand with which he made it, and he shall not redeem it in any way,either with gold or silver. If the reeve is accused of having grantedhis permission to the man who coined the false money, he shall clearhimself by the triple oath of exculpation and, if it fails, he shallhave the same sentence as the man who coined the false money.

*Measures and weights shall be diligently corrected and an end put toall unjust practices.

The repair of fortifications and bridges, and the preparation of shipsand the equipment of military forces shall be diligently undertaken forthe common need, whenever the occasion arises.

*In Wessex and Mercia, the king is entitled to payments for violationof his mund, attacks on people's houses, assault, and neglectingmilitary service. In the Danelaw, he is entitled to payments forfighting, breach of the peace and attacks on people's houses, andneglect of military service.

*If anyone does the deed of an outlaw, the king alone shall have powerto grant him security. He shall forfeit all his land to the kingwithout regard to whose vassal he is. Whoever feeds or harbours thefugitive shall pay 5 pounds to the king, unless he clears himself by adeclaration that he did not know that he was a fugitive.

*He who promotes injustice or pronounces unjust judgments, as a resultof malice or bribery, shall forfeit 120s. to the king, in districtsunder English law, unless he declares on oath that he did not know howto give a more just verdict, and he shall lose forever his rank as athegn, unless he redeem it from the king, provided the latter iswilling to allow him to do so. In the Danelaw he shall forfeit hislahslit.

*He who refuses to observe just laws and judgments shall forfeit, indistricts under English law, a fine to the party entitled thereto -either 120s. to the king, 60s. to the earl, or 30s. to the hundred, orto all of them if they were all concerned.

*If a man seeks to accuse another man falsely in such a way as toinjure him in property or in reputation, and if the latter can refutethe accusation brought against him, the first shall forfeit his tongue,unless he redeems himself with his wergeld.

No one shall appeal to the king, unless he fails to obtain justicewithin his hundred. Everyone shall attend the hundred court, under painof fine, whenever he is required by law to attend it.

The borough court shall be held at least three times and the shirecourt at least twice, under pain of fine. The bishop of the diocese andthe earldorman shall attend and they shall direct the administration ofboth ecclesiastical and secular law.

*No one shall make distraint [seizure of personal property out of thepossession of an alleged wrongdoer into the custody of the partyinjured, to procure a satisfaction for a wrong committed] of propertyeither within the shire or outside it, until he has appealed forjustice three times in the hundred court. If on the third occasion hedoes not obtain justice, he shall go on the fourth occasion to theshire court, and the shire court shall appoint a day when he shallissue his summons for the fourth time. And if this summons fails, heshall get leave from the one court or the other, to take his ownmeasures for the recovery of his property.

*Every freeman over age 12 must be in a tithing if he desires to havethe right of exculpation and of being atoned for by the payment of hiswergeld, if he is slain, and to be entitled to the rights of a freeman,whether he has an establishment of his own or is in the service ofanother. Everyone shall be brought within a hundred and under surety,and his surety shall hold and bring him to the performance of everylegal duty.

*Everyone over age 12 shall take an oath that he will not be a thief ora thief's accomplice.

Every trustworthy man, who has never earned a bad reputation and whohas never failed either in oath or in ordeal, shall be entitled toclear himself within the hundred by the simple oath of exculpation. Foran untrustworthy man compurgators for the simple oath shall be selectedwithin three hundreds, and for the triple oath, throughout the districtunder the jurisdiction of the borough court; otherwise he shall go tothe ordeal. When a simple oath of exculpation is involved, the caseshall be begun with a simple oath of accusation; but where a tripleoath of exculpation is involved, it shall be begun with a triple oathof accusation. A thegn may have a trustworthy man give his oath ofaccusation for him.

No man may vouch to warranty unless he has three trustworthy witnessesto declare whence he acquired the stock which is attached in hispossession. The witnesses shall declare that, in bearing testimony onhis behalf to the effect that he acquired it legally, they are speakingthe truth, in accordance with what they saw with their eyes and heardwith their ears.

*No one shall buy anything over 4d. in value, either livestock or otherproperty, unless he has four men as trustworthy witnesses, whether thepurchase be made within a town or in the open country. If, however, anyproperty is attached, and he who is in possession of it has no suchwitnesses, no vouching to warranty shall be allowed, but the propertyshall be given up to its rightful owner and also the supplementarypayment, and the fine to the party who is entitled thereto. And if hehas witnesses in accordance with what we have declared above, vouchingto warranty shall take place three times. On the fourth occasion heshall prove his claim to it or give it back to its rightful owner. Noone shall claim ownership where fraud is involved.

*If anyone who is of bad reputation and unworthy of public confidencefails to attend the court meetings three times, men shall be chosenfrom the fourth meeting who shall ride to him, and he may then stillfind a surety, if he can. If he cannot, they shall seize him eitheralive or dead, and they shall take all that he has. And they shall payto the accuser the value of his goods, and the lord shall take half ofwhat remains and the hundred half. And if anyone, either kinsman orstranger, refuses to ride against him, he shall pay the king 120s.

*The proved thief and he who has been discovered in treason against hislord, whatever sanctuary he seeks, shall never be able to save his life.

He who in court tries to protect himself or one of his men by bringinga countercharge shall have wasted his words, and shall meet the chargebrought by his opponent in such a way as the hundred court shalldetermine.

No one shall entertain any man for more than three days, unless he iscommitted to this charge by the man whom he has been serving. And noone shall dismiss one of his men from his service until he is quit ofevery accusation which has been brought against him.

*If anyone comes upon a thief and of his own accord lets him escapewithout raising the hue and cry, he shall make compensation by thepayment of the thief's wergeld, or clear himself with the full oath,asserting that he did not know him to be guilty of any crime. And ifanyone hears the hue and cry and neglects it, he shall pay the fullfine for insubordination [120s] to the king, or clear himself by thefull oath.

*Regarding thoroughly untrustworthy men, if anyone has forfeited theconfidence of the hundred, and he has charges brought against him tosuch an extent that he is accused by three men at once, no other courseshall be open to him but to go to the triple ordeal. If, however, hislord asserts that he has failed neither in oath nor in ordeal since theassembly was held at Winchester, the lord shall choose two trustworthymen within the hundred - unless he has a reeve who is qualified todischarge this duty - and they shall swear that he has never failed inoath or ordeal or been convicted of stealing. If the oath isforthcoming, the man who is accused there shall choose whichever hewill - either the simple ordeal or an oath equivalent to a pound invalue, supported by compurgators found within the three hundreds, inthe case of an object over 30d. in value. If they dare not give theoath, the accused shall go to the triple ordeal, which shall be openedby five compurgators selected by the accuser and he himself shall makea sixth. If the accused is proved guilty, on the first occasion heshall pay double value to the accuser and his wergeld to the lord whois entitled to receive his fine, and he shall appoint trustworthysureties, that hence forth he will desist from all wrong-doing. And onthe second occasion, if he is proved guilty, there shall be nocompensation but to have his hands or his feet cut off or both,according to the nature of the offense. And if has wrought stillgreater crime, he shall have his eyes put out and his nose and ears andupper lip cut off or his scalp removed, whichever of these penalties isdetermined by those with whom rests the decision of the case; and thuspunishment shall be inflicted, while, at the same time, the soul ispreserved from injury. If, however, he escapes and avoids the ordeal,his surety shall pay the value of his goods to the plaintiff and thewergeld of the accused to the king or to the man who is entitled toreceive his wergeld. And if the lord is accused of advising the man whohad done wrong to escape, he shall choose five trustworthy men, andshall himself make a sixth, and shall clear himself of the accusation.If he succeeds in clearing himself, he shall be entitled to thewergeld. And if he fails, the king shall take the wergeld, and thethief shall be treated as an outlaw by the whole nation.

Every lord shall be personally responsible as surety for the men of hisown household. And if any accusation is brought against one of them, heshall answer if within the hundred in which he is accused. And if he isaccused and escapes, the lord shall pay the man's wergeld to the king.And if the lord is accused of advising him to escape, he shall clearhimself with the help of five thegns, himself making a sixth. And if hefails to clear himself, he shall pay his own wergeld to the king, andthe man shall be an outlaw towards the king.

If a slave is found guilty at the ordeal, he shall be branded on thefirst occasion. And on the second occasion, he shall not be able tomake any amends except by his head.

*Concerning untrustworthy men, if there is anyone who is regarded withsuspicion by the general public, the king's reeve shall go and placehim under surety so that he a may be brought to do justice to those whohave made charges against him. If he has no surety, he shall be slainand buried in unconsecrated ground. And if anyone interposes in hisdefense, they shall both incur the same punishment. And he who ignoresthis and will not further what we have all determined upon shall pay120s. to the king.

The various boroughs shall have one common law with regard toexculpation.

If a friendless man or one come from afar is so utterly destitute offriends as not to be able to produce a surety, on the first occasionthat he is accused he shall go to prison, and wait there until he goesto God's ordeal where he shall experience whatever he can. Verily, hewho pronounces a more severe judgment upon whom is friendless or comefrom afar than upon one of his own acquaintances injures himself.

*Concerning perjury, if anyone swears a false oath on the relics and isconvicted, he shall lose his hand or half his wergeld which shall bedivided between the lord and the bishop. And henceforth he shall not beentitled to swear an oath, unless he makes amends to the best of hisability before God, and finds surety that ever afterwards he willdesist from such perjury.

*Concerning false witness, if anyone has given testimony which ismanifestly false, and is convicted thereof, his testimony henceforthshall be valueless, and he shall pay to the king or to the lord of themanor a sum equivalent to his healsfang [payment due only to those veryclosely related to a killed man].

Special care must be taken to prevent lawlessness at sacred seasons andin sacred places. The greater a man is and the higher his rank, themore stringent shall be the amends which he shall be required to maketo God and to men for lawless behavior. And ecclesiastical amends shallbe diligently exacted in accordance with the directions contained inthe canon law, and secular amends in accordance with secular law.

If anyone slays a priest of the altar, he shall be both excommunicatedand outlawed, unless he make amends to the best of his ability bypilgrimage, and likewise by the payment of compensation to the kin ofthe slain man, or else he shall clear himself by an oath equal in valueto his wergeld. He shall begin to make amends to God and men within 30days, under pain of forfeiting all that he possesses.

If an attempt is made to deprive a man in orders or a stranger of hisgoods or his life, the king shall act as his kinsman and protectorunless he has some other. And such compensation as is fitting shall bepaid to the king, or he shall avenge the deed to the uttermost.

If a minister of the altar commits homicide or any other great crime,he shall be deprived of his ecclesiastical office and banished, andshall travel as a pilgrim as far as the Pope appoints for him andzealously make amends. If he seeks to clear himself, he shall do so bythe triple mode of proof. If he does not begin to make amends both toGod and men within 30 days, he shall be outlawed.

If anyone binds or beats or deeply insults a man in holy orders, heshall make amends towards him and shall pay the fine due to the bishopfor sacrilege, in accordance with the rank of the injured man, and tohis lord or to the king the full fine for breach of his mund, or heshall clear himself by the full process of exculpation.

If a man in holy orders commits a capital crime, he shall be arrested,and his cases shall be reserved for the bishop's decision.

If a condemned man desires confession, he shall never be refused him orpay the king 120s. or he shall clear himself by selecting five men andbe himself the sixth.

*No condemned man shall be put to death during the Sunday festival,unless he flees or fights, but he shall be arrested and kept in custodyuntil the festival is over. If a freeman works during a churchfestival, he shall make amends by payment of his healsfang and makeamends to God according to the directions given him. If as slave works,he shall undergo the lash or pay the fine, according to the nature ofthe offense. If a lord compels his slave to work during a churchfestival, he shall lose the slave, who shall then obtain the rights ofa freeman and the lord shall pay a fine or clear himself.

If a freeman breaks an ordained fast, he shall pay a fine. If a slavedoes so, he shall undergo the lash or pay the fine in accordance withthe nature of the deed.

If anyone openly causes a breach of the fast of Lent by fighting or byintercourse with women or by robbery or by any great misdeed, he shallpay double compensation just as he must do during a high festival. Ifhe denies the charge, he shall clear himself by the triple process ofexculpation.

*If anyone refuses by force the payment of ecclesiastical dues, heshall pay the full fine or he shall clear himself: he shall select 11men and himself make a twelfth. If he wounds anyone, he shall makeamends and pay the full fine to the lord and redeem his hands from thebishop or lose them. If he kills a man, he shall be outlawed andpursued with hostility. If he so acts as to bring about his own deathby setting himself against the law, no compensation shall be paid forhim.

If anyone injures one of the clergy, he shall make amends according tothe rank of the person injured, either by the payment of his wergeld ora fine or by the forfeiture of all his property.

*If anyone commits adultery, he shall make amends according to thenature of the offense. It is wicked adultery for a pious man to commitfornication with an unmarried woman, and much worse with the wife ofanother man or with any woman who has taken religious vows.

*If anyone commits incest, he shall make amends according to the degreeof relationship between them, either by the payment of wergeld or of afine, or by the forfeiture of all his possessions.

*If anyone does violence to a widow or maiden, he shall pay his wergeld.

*If a woman commits adultery, her husband shall have all she possessesand she shall lose her nose and her ears.

If a married man commits adultery with his own slave, he shall lose herand make amends to God and to men.

*If anyone has a lawful wife and also a concubine, no priest shallperform for him any of the offices which must be performed for aChristian man, until he desists and makes amends as the bishop shalldirect.

Foreigners, if they will not regularize their unions, shall be drivenfrom the land with their possessions, and shall depart in sin.

*Any murderer shall be given up to the kinsmen of the slain man. Thebishop shall pronounce judgment.

*If anyone plots against the king or his own lord, he shall forfeit hislife and all that he possesses, unless he proves himself innocent bythe triple ordeal.

*If anyone violates the protection or a king, archbishop or bishop, heshall pay 5, 3, or 2 pounds respectively as compensation.

*Anyone who fights at the king's court shall lose his life, unlesspardoned by the king.

*If a man unjustly disarms another, he shall compensate him by thepayment of his healsfang. If he binds him, he shall compensate by thepayment of half his wergeld.

If anyone is guilty of a capital deed of violence while serving in thearmy, he shall lose his life or his wergeld.

*If a man makes forcible entry into another man's house, he shall pay 5pounds to the king. If he is slain in such a case, no compensationshall be paid for his death.

*Anyone guilty of robbery shall restore the stolen goods and pay theinjured man as much again and forfeit his wergeld to the king.

*According to secular law, assaults upon houses, arson, theft whichcannot be disproved, murder which cannot be denied, and treacherytowards a man's lord are crimes for which no compensation can be paid.

If anyone neglects the repair of fortifications or bridges or militaryservice, he shall pay 120s. to the king or he shall clear himself withthe support of 11 compurgators out of 14 nominated by the court.

The whole nation shall assist in the repair of churches.

If anyone unlawfully maintains an excommunicated person, he shalldeliver him up in accordance with the law, and pay compensation to himto whom it belongs, and to the king his wergeld. Anyone keeping andmaintaining as excommunicated man or an outlaw shall risk losing hislife and all his property.

Greater leniency shall be shown in passing judgment and in imposingpenance on the weak than on the strong because they cannot bear anequally heavy burden. So we distinguish between age and youth, wealthand poverty, freemen and slaves, the sound and the weak.

*When a man is an involuntary agent in evil-doing or does somethingunintentionally, he is more entitled to clemency.

All my reeves shall provide for me from my own property and no man needgive them anything as purveyance. If any of my reeves demands a fine,he shall forfeit his wergeld to me. The public has been so far toogreatly oppressed by this.

*If a man dies intestate [without a will], whether through negligenceor sudden death, his lord shall take no more than his legal heriot. Theproperty shall be divided among his wife and children and near kinsmenaccording to the share which belongs to him.

Heriots shall be fixed with regard to the rank of the person for whomthey are paid. The heriot of any earl is eight horses, four saddled andfour unsaddled, four helmets, four coats of chainmail, eight spears,eight shields, four swords, and 200 mancuses of gold. The heriot of aking's thegn is four horses, two saddled and two unsaddled, two swords,four spears, four shields, four helmets, four coats of chain mail and50 mancuses of gold, but among the Danes who possess rights ofjurisdiction 4 pounds. The heriot of an ordinary thegn is a horse andits trappings and his weapons or his healsfang in Wessex, and in Mercia2 pounds, and in East Anglia 2 pounds. The heriot of a man who standsin a more intimate relationship to the king shall be two horses, onesaddled and one unsaddled, one sword, two spears, two shields, and 50mancuses of gold. The heriot of a man who is inferior in wealth is 2pounds.

When a householder has dwelt all his time free from claims and charges,his wife and children shall dwell there unmolested by litigation.

*Every widow who remains a year without a husband shall do what sheherself desires. If within the space of a year, she chooses a husband,she shall lose her morning gift and all the property she had from herfirst husband, and his nearest relatives shall take the land andproperty which she had held. And the second husband shall forfeit hiswergeld to the king or the lord to whom it has been granted. Andalthough she has been married by force, she shall lose her possessions,unless she leaves the man and returns home. And no widow shall be toohastily consecrated as a nun. And every widow shall pay heriots withina year without incurring a fine, if it has not been convenient for herto pay earlier.

*No woman or maiden shall be forced to marry a man whom she dislikes,nor shall she be given for money, except the suitor desires of his ownfreewill to give something.

If anyone sets his spear at the door to another man's house, he himselfhaving an errand inside, or if anyone carefully lays any other weaponswhere they might remain quietly, and another seizes the weapon andworks mischief with it, he shall pay compensation for it. He who ownsthe weapon may clear himself by asserting that the mischief was donewithout his desire or authority or advice or cognizance.

*If anyone carries stolen goods home to his cottage and is detected,the owner shall have what he has tracked. The wife shall be clear ofany charge of complicity unless the goods had been put under her lockand key or in her storeroom, her chest, or her cupboard. But no wifecan forbid her husband from depositing anything in his cottage.

Until now it has been the custom for grasping persons to treat a childwhich lay in the cradle, even though it had never tasted food, as beingguilty as though it were fully intelligent. I forbid this practice.

The man who, through cowardice, deserts his lord or his comrades in anexpedition, either by sea or by land, shall lose all he possesses andhis own life, and the lord shall take back the property and the landwhich he had given him. And if he has land held by title-deed it shallpass into the king's hands.

The heriots of the man who falls before his lord during a campaign,whether within the country or abroad, shall be remitted, and the heirsshall succeed to his land and property and make a very just division ofthe same.

He who, with the cognisance of the shire, has performed the servicesdemanded from a landowner on expedition, either by sea or by land,shall hold his land unmolested by litigation during his life, and athis death shall have the right of disposing of it or giving it towhomsoever he pleases.

*Every man is entitled to hunt in the woods and fields on his ownproperty. But everyone, under pain of incurring the full penalty, shallavoid hunting on my preserves.

There shall never be any interference with bargains successfullyconcluded or with the legal gifts made by a lord.

Every man shall be entitled to protection in going to and fromassemblies, unless he is a notorious thief.

*He who violates the law shall forfeit his wergeld to the king. And hewho violates it again, shall pay his wergeld twice over. And if he isso presumptuous as to break it a third time, shall lose all hepossesses.

Love God and follow his law and obey our spiritual leaders, for it istheir duty to lead us to the judgment of God according to our workswrought. Do what is right and good and guard against the hot fire ofhell. God Almighty have mercy upon us all, as His Will may be. Amen.

The Laws for London were:

"1. The gates called Aldersgate and Cripplegate were in charge ofguards.2. If a small ship came to Billingsgate, one halfpenny was paid astoll; if a larger ship with sails, one penny was paid. 1) If a hulk or merchantman arrives and lies there, four pence ispaid 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 andTuesday and Thursday. 4) A merchant who came to the bridge with a boat containing fish paidone halfpenny as toll, and for a larger ship one penny." 5) - 8) Foreigners with wine or blubber fish or other goods and theirtolls. (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 officialaccuses anyone of having withheld toll, and the man replies that he haskept back no toll which it was his legal duty to pay, he shall swear tothis with six others and shall be quit of the charge. 1) If he declares that he has paid toll, he shall produce the -man towhom he paid it, and shall be quit of the charge. 2) If, however, he cannot produce the man to whom he paid it, heshall 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 paidtoll to him, and the latter denies it, he shall clear himself by theordeal 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 withoutpermission and commits a breach of the peace of the worst kind and hewho 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, butdoes not lose his life thereby, he shall pay five pounds for breach ofthe King's peace. 2) If he values the goodwill of the town itself, he shall pay usthirty shillings as compensation, if the King will grant us -thisconcession."5. No base coin or coin defective in quality or weight, foreign orEnglish, may be used by a foreigner or an Englishman. (In 956, a personfound guilty of illicit coining was punished by loss of a hand.)

Judicial Procedure

There were courts for different geographical communities:shires, hundreds, and vills. The arrangement of the whole kingdom intoshires was completed by 975 after being united under King Edgar.

A shire was a large area of land, headed by an earl. A shirereeve or "sheriff" represented the royal interests in the shires and inthe shire courts. This officer came to be selected by the king and earlof the shire to be a judicial and financial deputy of the earl and toexecute the law. The office of sheriff, which was not hereditary, wasalso responsible for the administration of royal lands and royalaccounts. The sheriff summoned the freemen holding land in the shire,four men selected by each community or township, and all publicofficers to meet twice a year at their "shiremotes". Actually only thegreat lords - the bishops, earls, and thegns - attended. The shirecourt was primarily concerned with issues of the larger landholders.Here the freemen interpreted the customary law of the locality. Theearl declared the secular law and the bishop declared the spirituallaw. They also declared the sentence of the judges. The earl usuallytook a third of the profits, such as fines and forfeits, of the shirecourt, and the bishop took a share. In time, the earls each came tosupervise several shires and the sheriff became head of the shire andassumed the earl's duties there, such as heading the shire fyrd. Theshire court also heard cases which had been refused justice at thehundredmote and cases of keeping the peace of the shire.

The hundred was a division of the shire, having come to referto a geographical area rather than a number of households. The monthlyhundredmote could be attended by any freeman holding land (or a lord'ssteward), but was usually attended only by reeve, thegns, parishpriest, and four representatives selected by each agrarian community orvillage - usually villeins. Here transfers of land were witnessed.

The sheriff, or a reeve in his place, presided over minor localcriminal and peace and order issues. When the jurisdiction was in thehands of a sheriff, it was called the sheriff's tourn. All residentswere expected to attend this court. When the jurisdiction was inprivate hands, it was called a leet court. Leet jurisdiction derivedfrom sac and soke jurisdiction. Sac and soc jurisdiction was possessionof legal powers of execution and profits of justice held by a noble orinstitution over inhabitants and tenants of the estate, exercisedthrough a private court.

The sheriff usually held each hundred court, which heard civil cases.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 ofproof, such as compurgatory oath and ordeal. They were customarilythegns, often twelve in number. They, as well as the king and the earl,received part of the profits of justice. Summary procedure was followedwhen 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 followthe hue and cry.

In 997, King Ethelred in a law code ordered the sheriff andtwelve leading magnates of each shire to swear to accuse no innocentman, 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 certainpenalties: for swearing a false oath, bot as determined by a cleric whohas heard his confession, or, if he has not confessed, denial of burialin consecrated ground. Also a perjurer lost his oath-worthiness.Swearing a false oath or perjury was also punishable by loss of one'shand or half one's wergeld. A lord denying justice, as by upholding anevildoing thegn of his, had to pay 120s. to the king for hisdisobedience. Furthermore, if a lord protected a theow of his who hadstolen, he had to forfeit the theow and pay his wer, for the firstoffense, and he was liable for all he property, for subsequentoffenses. There was a bot for anyone harboring a convicted offender. Ifanyone failed to attend the gemot thrice after being summoned, he wasto pay the king a fine for his disobedience. If he did not pay thisfine or do right, the chief men of the burh were to ride to him, andtake all his property to put into surety. If he did not know of aperson 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 whoavenged a thief without wounding anyone, had to pay the king 120s. aswite 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 andharboring criminals, he shall be led out of his native district withhis wife and children, and all his goods, to any part of the kingdomwhich 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 thatdistrict; otherwise he shall be treated as a thief caught in the act."

Courts controlled by lords of large private estates had variouskinds of jurisdiction recognized by the King: sac and soke [possessionof legal powers of execution and profits of justice held by a noble orinstitution over inhabitants and tenants of the estate, exercisedthrough a private court], toll [right to collect a payment on the saleof cattle and property] and team [right to hold a court to determinethe honesty of a man accused of illegal possession of cattle],infangenetheof [the authority to judge and to hang and take thechattels of a thief caught on the property], and utfangenetheof [theauthority to judge, punish, and take the chattels of a thief dwellingout of his liberty, and committing theft without the same, if he werecaught within the lord's property]. Some lords were even givenjurisdiction over breach of the royal peace, ambush and treacherousmanslaughter, harboring of outlaws, forced entry into a residence, andfailure to answer a military summons. Often this court's jurisdictionoverlapped that of the hundred court and sometimes a whole hundred hadpassed under the jurisdiction of an abbot, bishop, or earl.

A lord and his noble lady, or his steward, presided at thiscourt. The law was administered here on the same principles as at thehundred court. Judges of the leet [minor criminal jurisdiction] of thecourt of a large private estate were chosen from the constables andfour representatives selected from each community, village, or town.

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

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

In London, the Hustings Court met weekly and decided suchissues as wills and bequests and commerce matters. The folkmote of allcitizens met three times a year. Each ward had a leet court.

The king and his witan decided the complaints and issues of thenobility and those cases which had not received justice in the hundredor shire court. The witan had a criminal jurisdiction and couldimprison or outlaw a person. The witan could even compel the king toreturn any land he might have unjustly taken. Especially punishable bythe king was "oferhyrnesse": contempt of the king's law. It coveredrefusal 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 outsidemarkets, and refusing to pay Peter's pence.

The forests were peculiarly subject to the absolute will of theking. They were outside the common law. Their unique customs and lawsprotected 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 ofcattle, unsoundness of property bought, and money owed for a sale. Thedefendant denied the accusation by sweating that "By the Lord, I amguiltless, both in deed and counsel, and of the charge of which …accuses me." A compurgator swore that "By the Lord, the oath is cleanand unperjured which … has sworn.". A witness swore that "In the nameof Almighty God, as I here for … in true witness stand, unbidden andunbought, so I with my eyes oversaw, and with my ears overheard, thatwhich I with him say."

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

This lawsuit between a son and his mother over land was heardat a shire meeting: "Here it is declared in this document that a shiremeeting sat at Aylton in King cnu*t's time. There were present BishopAEthelstan and Earl Ranig and Edwin, the Earl's son, and Leofwine,Wulfsige's son, and Thurkil the White; and Tofi the Proud came there onthe King's business, and Bryning the sheriff was present, andAEthelweard of Frome and Leofwine of Frome and Godric of Stoke and allthe thegns of Herefordshire. Then Edwin, Enneawnes son, came travelingto the meeting and sued his own mother for a certain piece of land,namely Wellington and Cradley. Then the bishop asked whose business itwas to answer for his mother, and Thurkil the White replied that it washis business to do so, if he knew the claim. As he did not know theclaim, three thegns were chosen from the meeting [to ride] to the placewhere she was, namely at Fawley, and these were Leofwine of Frome andAEthelsige the Red and Winsige the seaman, and when they came to herthey asked her what claim she had to the lands for which her son wassuing her. Then she said that she had no land that in any way belongedto him, and was strongly incensed against her son, and summoned to herkinswoman, Leofflaed, Thurkil's wife, and in front of them said to heras follows: 'Here sits Leofflaed, my kinswoman, to whom, after mydeath, I grant my land and my gold, my clothing and my raiment and allthat I possess.' And then she said to the thegns: 'Act like thegns, andduly announce my message to the meeting before all the worthy men, andtell them to whom I have granted my land and all my property, and not athing to my own son, and ask them to be witnesses of this.' And theydid so; they rode to the meeting and informed all the worthy men of thecharge that she had laid upon them. Then Thurkil the White stood up inthe meeting and asked all the thegns to give his wife the landsunreservedly which her kinswoman had granted her, and they did so. ThenThurkil rode to St. AEthelbert's minister, with the consent andcognizance of the whole assembly, and had it recorded in a gospel book."

Chapter 4

The Times: 1066-1100

William came from Normandy, France, to conquer England. Heclaimed that the former King, Edward, the Confessor, had promised thethrone to him when they were growing up together in Normandy, if Edwardbecame King of England and had no children. The Conquerer's men andhorses came in boats powered by oars and sails. The conquest did nottake long because of the superiority of his military expertise to thatof the English. He organized his army into three groups: archers withbows and arrows, horsem*n with swords and stirrups, and footmen withhand weapons. Each group played a specific role in a strategy plannedin advance. The English army was only composed of footmen with handweapons such as spears and shields. They fought in a line holding uptheir shields to overlap each other and form a shieldwall. The defeatof the English was thought to have been presaged by a comet.

At Westminster, he made an oath to defend God's holy churchesand their rulers, to rule the whole people subject to him withrighteousness and royal providence, to enact and hold fast right law,and to utterly forbid rapine and unrighteous judgments. This was inkeeping 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 whowere willing to acknowledge him to redeem their land by a payment ofmoney. As William conquered the land of the realm, he parceled it outamong the barons who fought with him so that each baron was given theholdings of an Anglo-Saxon predecessor, scattered though they were. Thebarons again made oaths of personal loyalty to him [fealty]. Theyagreed to hold the land as his vassals with future military services tohim and receipt of his protection. They gave him homage by foldingtheir hands within his and saying "I become your man for the tenement Ihold of you, and I will bear you faith in life and member [limb] andearthly honor against all men". They held their land "of their lord",the King, by knight's service. The king had "enfeoffed" them [giventhem a fief: a source of income] with land. The theory that by rightall land was the King's and that land was held by others only at hisgift and in return for specified service was new to English thought.The original duration of a knight's fee until about 1100 was for hislife; thereafter it was heritable. The word "knight" came to replacethe word "thegn" as a person who received his position and land byfighting for the King. The exact obligation of knight's service was tofurnish a fully armed horseman to serve at his own expense for fortydays in the year. This service was not limited to defense of thecountry, but included fighting abroad. The baron led his own knightsunder his banner. The foot soldiers were from the fyrd or weremercenaries. Every free man was sworn to join in the defense of theking, his lands and his honor, within England and without.

The Saxon governing class was destroyed. The independent powerof earls, who had been drawn from three great family houses, wascurtailed. Most died or fled the country. Some men were allowed toredeem their land by money payment if they showed loyalty to theConquerer. Well-born women crowded into nunneries to escape Normanviolence. The people were deprived of their most popular leaders, whowere excluded from all positions of trust and profit, especially allthe clergy. The earldoms became fiefs instead of magistracies.

The Conquerer was a stern and fierce man and ruled as anautocrat by terror. Whenever the people revolted or resisted hismandates, he seized their lands or destroyed the crops and laid wastethe countryside and so that they starved to death. This examplepacified others. His rule was strong, resolute, wise, and wary. He wasnot arbitrary or oppressive. The Conquerer had a strict system ofpolicing the nation. Instead of the Anglo-Saxon self-governmentthroughout the districts and hundreds of resident authorities in localcourts, he aimed at substituting for it the absolute rule of the baronsunder military rule so favorable to the centralizing power of theCrown. He used secret police and spies and the terrorism this systeminvolved. This especially curbed the minor barons and preserved thepublic 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 toremain in their own dwellings on pain of death and all fires andcandles were to be put out. This prevented any nightly gatherings,assassinations, or seditions. Order was brought to the kingdom so thatno man dare kill another, no matter how great the injury he hadreceived. The Conquerer extended the King's peace on the highways, i.e.roads on high ground, to include the whole nation. Any individual ofany 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 newlyacquired land. There began a hierarchy of seisin of land so that therecould be no land without its lord. Also, every lord had a superior lordwith the king as the overlord or supreme landlord. One piece of landmay 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 theterms of praying for the souls of his ancestors, and B may enfeoff afreeman C to hold of the church by giving it a certain percentage ofhis crops every year. There were about 200 barons who held landdirectly of the King. Other fighting men were the knights, who weretenants or subtenants of a baron. Knighthood began as a reward forvalor on the field of battle by the king or a noble. The value of aknight's fee was 400s. [20 pounds] per year. Altogether there wereabout 5000 fighting men holding land.

The essence of Norman feudalism was that the land remainedunder the lord, whatever the vassal might do. The lord had the duty todefend the vassals on his land. The vassal owed military service to thelord and also the service of attending the courts of the hundred andthe county [formerly "shire"], which were courts of the King,administering old customary law. They were the King's courts on theprinciple that a crime anywhere was a breach of the King's peace. TheKing's peace that had covered his residence and household had extendedto places where he might travel, such as highways, rivers, bridges,churches, monasteries, markets, and towns, and then encompassed everyplace, replacing the general public peace. Infraction of the King'speace incurred fines to the King.

This feudal bond based on occupancy of land rather than onpersonal ties was uniform throughout the realm. No longer could a manchoose his lord and transfer his land with him to a new lord. He heldhis land at the will of his lord, to be terminated anytime the lorddecided to do so. A tenant could not alienate his land withoutpermission of his lord. In later eras, tenancies would be held for thelife of the tenant, and even later, for his life and those of his heirs.

This uniformity of land organization plus the new requirementthat every freeman take an oath of loyalty directly to the king toassist him in preserving his lands and honor and defending him againsthis enemies, which oath would supersede any oath to any other man, gavethe nation a new unity. The king could call men directly to the fyrd,summon them to his court, and tax them without intervention of theirlords. And the people learned to look to the king for protection fromabuse by their lords.

English villani, bordarii, cottarii, and servi on the land ofthe barons were subjugated into a condition of "villeinage" servitudeand became "tied to the land" so that they could not leave the landwithout their lord's permission, except to go on a pilgrimage. Thevilleins formed a new bottom class as the population's percentage ofslaves declined dramatically. They held their land of their lord, thebaron. To guard against uprisings of the conquered people, the baronsused villein labor to build about a hundred great stone castles, withmoats and walls with towers around them, at easily defensible positionssuch as hilltops all over the nation.

A castle could be built only with permission of the King. Atypical castle had a stone building of about four floors [a keep] on asmall, steep hill. Later it also had an open area surrounded by a stonecurtain-wall with towers at the corners. Around the outside of the wallwere ditches and banks and perhaps a moat. One traveled over these viaa drawbridge let down at the gatehouse of the enclosing wall. On eitherside of the gatehouse were chambers for the guards. Arrows could beshot through slits in the enclosing walls. Inside the enclosed areamight 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 ofthe cattle were usually slaughtered and salted.

The castle building typically was entered by an outer woodstaircase to the guard room on the second floor. The first [ground]floor had a well and was used as a storehouse and/or dungeons forprisoners. The second floor had a two-storied great hall, with smallrooms and aisles around it within the thick walls. There was also achapel area on the second floor. There were small areas of the thirdfloor which could be used for sleeping. The floors were wood and werereached by a spiral stone staircase in one corner of the building.Sometimes there was a reservoir of water on an upper level with pipescarrying the water to floors below. Each floor had a fireplace with aslanted flue going through the wall to the outside. There were latrinesin 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 wallsthere in the summer to deter the moths. The first floor had only arrowslits in the walls, but the higher floors had small windows.

Some curtain-wall castles did not have a central building. Inthese, the hall was built along the inside of the walls, as were othercontinuous buildings. The kitchens and chapels were in the towers.Lodgings were in buildings along the curtain-walls, or on severalfloors of the towers.

The great hall was the main room of the castle. The hall wasused for meals and meetings at which the lord received homages,recovered fees, and held the view of frankpledge [free pledge inLatin], in which freemen agreed to be sureties for each other and pay aclaim directed at one of them if that man escaped. At the main table,the lord and his lady sat on benches with backs or chairs. The tablewas covered first with a wool cloth that reached to the floor, and thenby a smaller white linen cloth. Everyone else sat on benches at trestletables, which consisted of planks on trestles and could be dismantled,e.g. at night. Over the main door were the family arms. On the wallswere swords ready for instant use. On the upper parts of the wallscould be fox skins and perhaps a polecat skin, and keepers' andhuntsmen's poles. There were often hawk perches overhead. At the middaydinner, courses were ceremonially brought in to music, and ritual bowswere made to the lord. The food at the head table was often tastedfirst by a servant as a precaution against poison. Hounds, spaniels,and terriers lay near the hearth and cats, often with litters, nestlednearby. They might share in dinner, but the lord may keep a short sticknear him to defend morsels he meant for himself. Hunting, dove cotes,and carp pools provided fresh meat. Fish was compulsory eating onFridays, on fast days, and during Lent. Cooking was done outside on anopen fire, roasting on spits and boiling in pots. Some spits weremechanized 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 fromthe heat by a wet blanket, or by dogs on a treadmill. Underneath thespit was a dripping pan to hold the falling juices and fat. Mutton fatwas used for candles. Bread, pies, and pastry dishes were baked in anoven: a hole in a fireproof stone wall fitted with an iron door, inwhich wood was first burnt to heat the oven walls. It could also beused for drying fruit or melting tallow. Fruits were also preserved inhoney. Salt was stored in a niche in the wall near the hearth and puton the table in a salt cellar which became more elaborate over theyears. Salt was very valuable and gave rise to the praise of a man asthe salt of the earth. Costly imported spices such as cinnamon, cloves,nutmeg, ginger, pepper, and a small quantity of sugar were kept inchests. Pepper was always on the table to disguise the taste of taintedmeat. Spices were tried for medicinal use. Drinks included wine, ale,cider from apples, perry from pears, and mead. People carried and usedtheir own knives. There were no forks. Spoons were of silver or wood.People also ate with their fingers and washed their hands before andafter meals. It was impolite to dig into the salt bowl with a knife notpreviously wiped on bread or napkin, which was linen. It was unmannerlyto wipe one's knife or one's greasy fingers on the tablecloth or, touse the tablecloth to blow one's nose. Feasts were stately occasionswith costly tables and splendid apparel. There were practical jokes,innocent frolics, and witty verbal debating with repartee. They playedchess, checkers, and various games with cards and dice. Most peoplecould sing and some could play the lute.

Lighting of the hall at night was by oil lamps or candles onstands or on wall fixtures. For outside activities, a lantern [a candleshielded 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 ascreened 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 forchests and doors. The great bed had a wooden frame and springs made ofinterlaced rope or strips of leather. It was covered with a feathermattress, sheets, quilts, fur covers, and pillows. Drapery around thebed kept out cold drafts and provided privacy. There was a water bowlfor washing in the morning. A chamber pot was kept under the bed fornighttime use. Hay was used as toilet paper. The lord's personalservants slept nearby on benches or trundle beds. Most of the gentlemenservants slept communally in a "knight's chamber". The floor of thehall 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 storecups) and chests stored spices and plate. One-piece iron shears wereavailable to cut cloth. Handheld spindles were used for weaving; onehand held the spindle [a small stick weighted at one end] while theother hand alternately formed the thread and wound it around thespindle. On the roofs there were rampart walks for sentry patrols andparapets from which to shoot arrows or throw things at besiegers. Eachtenant of the demesne [household or messuage] of the king where he hada castle had to perform a certain amount of castle guard duty for itscontinuing defense. These knights performing castle-guard duty slept attheir posts. Bathing was done in a wooden tub located in the garden inthe summer and indoors near the fire in winter. The great bed and tubfor bathing were taken on trips with the lord. The entire household wasof men, except for the lord's lady with a few lady companions. Theladies rode pillion [on a cushion behind the saddle] or in litterssuspended between two horses.

Markets grew up outside castle walls. Any trade on a lord'sland 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 earsand 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. Overthis the Norman noble wore a tunic without sleeves, open at the sides,and fastened with a belt. Over one shoulder was his cloak, which wasfastened on the opposite shoulder by being drawn through a ring broochand knotted. He wore tight thick cloth stockings to protect him fromthe mud and leather shoes. Common men wore durable, but drab, wooltunics to the knee so as not to impede them in their work. They couldroll up their stockings when working in the fields. A lady wore ahigh-necked, long- sleeved linen or wool tunic fitted at the waist andlaced 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 infront. Her hair was often in two long braids, and her head and earscovered with a white round cloth held in place by a metal circlet likea small crown. Its ends were wound around her neck. In winter, she woreover her tunic a cloak edged or lined with fur and fastened at thefront with a cord. Clothes of both men and ladies were brightly coloredby dyes or embroidery. The Norman knight wore an over-tunic of leatheror heavy linen on which were sewn flat rings of iron and a conical ironhelmet with nose cover. He wore a sword at his waist and a metal shieldon his back, or he wore his sword and his accompanying retainerscarried spear and shield.

Norman customs were adopted by the nation. As a whole,Anglo-Saxon men shaved their beards and whiskers from their faces, butthey kept their custom of long hair flowing from their heads. But a fewkept their whiskers and beards in protest of the Normans. Everyone hada 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 frompersonal 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 menthey served, such as King, Bishop, Abbot, Prior, Knight. A man'ssurname was passed on to his son.

Those few coerls whose land was not taken by a baron remainedfree and held their land "in socage" and became known as sokemen. Theywere not fighting men, and did not give homage, but might give fealty,i.e. fidelity. Many free sokemen were caught up in the subjugation bybaron landlords and were reduced almost to the condition of the unfreevillein. The services they performed for their lords were oftenindistinguishable. They might also hold their land by villein tenure,although free as a person with the legal rights of a freeman. Thefreeman still had a place in court proceedings which the unfree villeindid not.

Great stone cathedrals were built in fortified towns for theConquerer's Norman bishops, who replaced the English bishops. Bishopsperiodically inspected the parishes in their dioceses to maintaindiscipline aqnd settle any matters that were beyond the local priest'scompetence, for instance the sacrament of confirmation, in which wasconferred upon a Christian soul a special strengthening grace after heconfirmed his belief in the tenets of Christianity. Most of theexisting and new monasteries functioned as training grounds forscholars, bishops, and statesmen rather than as retreats from theworld's problems to the security of religious observance. The number ofmonks grew as the best minds were recruited into the monasteries.

The Conquerer made the church subordinate to him. Bishops wereelected only subject to the King's consent. The bishops had to acceptthe status of barons. Homage was exacted from them before they wereconsecrated, and fealty and an oath afterward. The Conquerer imposedknight's service on bishoprics, abbeys, and monasteries, which wasusually commuted to a monetary amount. Bishops had to attend the King'scourt. Bishops could not leave the realm without the King's consent. Noroyal tenant or royal servant could be excommunicated, nor his lands beplaced under interdict, without the King's consent. Interdict coulddemand, for instance, that the church be closed and the dead buried inunconsecrated ground. No church rules could be made without hisagreement to their terms. No letters from the pope could be receivedwithout the King's permission. The Archbishop of Canterbury was stillrecognized as a primary advisor to the king. Over the years, theselection for this office frequently became a source of contentionamong king, pope, and clergy.

Men continued to give land to the church for their souls, suchas this grant which started the town of Sandwich: "William, King of theEnglish, to Lanfranc the Archbishop and Hugoni de Montfort and Richardson of Earl Gilbert and Haimo the sheriff and all the thegns of Kent,French and English, greeting. Know ye that the Bishop of Bayeux mybrother for the love of God and for the salvation of my soul and hisown, has given to St. Trinity all houses with their appurtenances whichhe has at Sandwich and that he has given what he has given by mylicense." Many private owners of churches gave them to cathedrals ormonastic communities, partly to ensure their long term survival, andpartly because of church pressure.

When the land was all divided out, the barons had about 3/7 ofit and the church about 2/7. Most of the barons had been royalservants. The king retained about 2/7, including forests for hunting,for himself and his family and household, on which he built many royalcastles and hundreds of manor [large private estate headed by a lord]houses throughout the nation. He built the massive White Tower inLondon. It was tall with four turrets on top, and commanded a view ofthe river and bridge, the city and the surrounding countryside. Theonly windows were slits from which arrows could be shot. On the fourthand top floor was the council chamber and the gallery of the chapel. Onthe third floor was the banqueting hall, the sword room, and thechapel. The king and his household slept in apartments on these upperfloors. Stairs went up to the gateway entrance on the second floor,which were hidden by a wall. The garrison's barracks were on the firstfloor (ground floor). Any prisoners were kept in cells at a level belowthe first floor. The other castles were often built at the oldfortification burhs of Alfred. Each had a constable in charge, who wasa baron. Barons and earls had castle-guard duty in the king's castles.The Conquerer was constantly moving about the land among his and hisbarons' castles, where he met with his magnates and conducted publicbusiness, such as deciding disputes about holding of land. Near his owncastles and other of his property, he designated many areas as royalhunting forests. Anyone who killed a deer in these forests wasmutilated, for instance by blinding. People living within theboundaries of the designated forestland could no longer go into nearbywoods to get meat or honey, dead wood for firing, or live wood forbuilding. Swineherds could no longer drive pigs into these woods to eatacorns they beat down from oak trees. Making clearings and grazinglivestock in the designated forestland were prohibited. Most of thenation was either wooded or bog at this time.

London was a walled town of one and two story houses made ofmud, twigs, and straw, with thatched roofs. It included a bundle ofcommunities, townships, parishes, and lordships. There were churches, agoods market, a fish market, quays on the river, and a bridge over theriver. Streets probably named by this time include Bread Street, MilkStreet, Honey Lane, Wood Street, and Ironmonger Lane. Fairs and gameswere held outside the town walls in a field called "Smithfield". Thegreat citizens had the land qualifications of knights and ranked asbarons on the Conquerer's council. The freemen were a small percentageof London's population. There was a butchers' guild, a pepperers'guild, a goldsmiths' guild, the guild of St. Lazarus, which wasprobably a leper charity (of which there were many in the 1000s and1100s), the Pilgrims' guild, which helped people going on pilgrimages,and four bridge guilds, probably for keeping the wooden London Bridgein repair. Men told the time by sundials, some of which were portableand could be carried in one's pocket. London could defend itself, and aringing of the bell of St. Paul's Church could shut every shop and fillthe streets with armed horsem*n and soldiers led by a soldierportreeve. Across the Thames from London on its south side wasSouthwark, a small trading and fishing settlement.

The Conquerer did not interfere with landholding in London, butrecognized its independence as a borough in this writ: "William theKing greets William, Bishop of London, and Gosfrith the portreeve, andall the burgesses [citizens] of London friendly. Know that I will thatyou be worthy of all the laws you were worthy of in the time of KingEdward. And I will that every child shall be his father's heir afterhis father's day. And I will not suffer any man to do you wrong. Godpreserve you."

So London was not subjected to the Norman feudal system. It hadneither villeins nor slaves. Whenever Kings asserted authority over it,the citizens reacted until the king "granted" a charter reaffirming thefreedoms of the city and its independence.

Under pressure from the ecclesiastical judges, the Conquererreplaced the death penalty by that of the mutilation of blinding,chopping off hands, and castrating offenders. Castration was thepunishment for rape. But these mutilations usually led to a slow deathby gangrene.

The Normans used the Anglo-Saxon concepts of jurisdictionalpowers. Thus when the Conquerer confirmed "customs" to the abbot ofEly, these were understood to include the following: 1) sac and soke -the right to hold a court of private jurisdiction and enjoy itsprofits, 2) toll - a payment in towns, markets, and fairs for goods andchattel bought and sold, 3) team - persons might be vouched to warrantyin the court, the grant of which made a court capable of hearing suitsarising from the transfer of land, 4) infangenthef - right of tryingand executing thieves on one's land, 4) hamsocne [jurisdiction overbreach of the right of security and privacy in a man's house, e.g. byforcible entry], 5) grithbrice - violation of the grantees' specialpeace, for instance that of the sheriff, 6) fightwite - fine for ageneral breach of the peace, 7) fyrdwite - fine for failure to appearin the fyrd.

Every shire, now called "county", had at least one burh, ordefensible town. Kings had appointed a royal moneyer in each burh tomint silver coins such as pennies for local use. On one side was theKing's head in profile and on the other side was the name of themoneyer. When a new coinage was issued, all moneyers had to go toLondon to get the new dies. The Conquerer's head faced frontally on hisdies, instead of the usual profile used by former Kings.

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

The Justiciar was the head of all legal matters and he or theConquerer's wife represented the King at the Royal Court in his absencefrom the realm. The chamberlain was a financial officer of thehousehold; his work was rather that of auditor or accountant. TheChancellor headed the Chancery and the chapel. Other household officeswere steward, butler, constable, and marshall. The Treasurer wasresponsible for the collection and distribution of revenue and was thekeeper of the royal treasure at the palace at Winchester. He was alsoan important member of the household and sat in the Exchequer atWestminster, where he received the accounts of the sheriffs. TheExchequer was composed of the Justiciar as head, the chancellor, theconstable, two chamberlains, the marshall and other experiencedcouncilors. The word "Exchequer" came from the chequered cloth on thetable used to calculate in Roman numerals the amount due and the amountpaid. The word "calculate" derives from the word "calculi", meaningpebbles. It was a kind of abacus. The Exchequer received yearly fromthe sheriffs of the counties taxes, fines, treasure trove, goods fromwrecks, deodands, and movable property of felons, of persons executed,of fugitives, and of outlaws due to the Crown. The Conqueror presidedyearly over feasts involving several thousand guests at WestminsterHall, which was 250 feet by 70 feet with a high ceiling, the largesthall in England.

The Conquerer's reign was a time of tentative expedients andsimple solutions. He administered by issuing writs with commands orprohibitions. These were read aloud by the sheriffs in the countycourts and other locations. Administration was by the personal servantsof his royal household, such as the chancellor, chamberlain, constable,marshals, steward, and butler. The language of government changed toLatin. The chancellor was from the clergy and supervised the writersand clerks, who were literate, and appended the great seal beforewitnesses to documents. He also headed the staff of the royal chapel.The chamberlain was a financial officer who audited and accounted. Theconstable was responsible for supplies for the knights of the royalhousehold. He also supervised the care of horses, hounds, hawks, andhuntsmen, houndsmen, and foresters. The marshals came from lessimportant families than the constable and they preserved order in theking's hall and recorded expenditures of the household officers ontallies. The steward was a great baron whose duties were chieflyceremonial, such as placing the dishes before the king at banquets.

Sheriffs, who had first been head of shires, became powerfulfigures as the primary agents for enforcing royal edicts. There was nolonger 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 hundredand county courts. They were responsible for remitting a certain sumannually. If a sheriff received more than necessary, he retained thedifference as his lawful profit of office. If he received less thannecessary, he had to make up the difference from his own pocket. Beforerendering this account, he paid the royal benefactions to religioushouses, provided for the maintenance of stock on crown lands, paid forthe costs of provisions supplied to the court, and paid for travelingexpenses of the king and his visitors. The payments were initially paidin kind: e.g. grain, cattle, horses, hounds, and hawks. Sheriffs alsotook part in the keeping of castles and often managed the estates ofthe King. Most royal writs were addressed to the sheriff and countycourts. They also led the county militia in time of war or rebellion.At times, a sheriff usurped royal rights, used royal estates for hisown 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 andof justice, and revenues from the King's own estates. For war, therewas no change in the custom that a man with five hides of land wasrequired to furnish one heavy armed horseman for forty days service ina year. The fyrd was retained. A threat of a Viking invasion caused theConquerer to reinstate the danegeld tax at 6s. per hide, which wasthree times its old rate. (The price of an ox was still about 30d.) Toimpose this tax uniformly, he sent commissioners to conduct surveys bysworn verdicts of appointed groups of local men. A detailed survey ofland holdings and the productive worth of each was made in 1086. TheEnglish called it the "Doomsday Book" because there was no appeal fromit.

The survey revealed, for instance, that one estate had "on thehome farm five plough teams: there are also 25 villeins and 6 cotterswith 14 teams among them. There is a mill worth 2s. a year and onefishery, a church and four acres of meadow, wood for 150 pigs and twostone quarries, each worth 2s. a year, and two nests of hawks in thewood and 10 slaves." This estate was deemed to be worth 480s. a year.

Laxton "had 2 carucates of land [assessed] to the geld. [Thereis] land for 6 ploughs. There Walter, a man of [the lord] GeoffreyAlselin's has 1 plough and 22 villeins and 7 bordars [a bordar had acottage and a small amount land in return for supplying smallprovisions to his lord] having 5 ploughs and 5 serfs and 1 female serfand 40 acres of meadow. Wood [land] for pannage [foraging by pigs] 1league in length and half a league in breadth. In King Edward's time itwas worth 9 pounds; now [it is worth] 6 pounds."

Ilbert de Laci has now this land, where he has twelve ploughsin the demesne; and forty-eight villani, and twelve bordars withfifteen ploughs, and three churches and three priests, and three millsof ten shillings. Wood pastures two miles long, and one broad. Thewhole manor five miles long and two broad. Value in King Edward's timesixteen pounds, the same now.

That manor of the town of Coventry which was individually heldwas that of the Countess of Coventry, who was the wife of the earl ofMercia. "The Countess held in Coventry. There are 5 hides. The arableland employs 20 ploughs. In the demesne lands there are 3 ploughs and 7bondmen. There are 50 villeins and 12 bordars with 20 ploughs. The millthere pay[s] 3 shillings. The woodlands are 2 miles long and the samebroad. In King Edward's time and afterwards, it was worth 22 pounds[440 s.], now only 11 pounds by weight. These lands of the CountessGodiva Nicholas holds to farm of the King."

The survey shows a few manors and monasteries owned a salthouseor saltpit in the local saltworks, from which they were entitled toobtain salt.

In total there were about 110,000 villani [former coerlsregarded as customary, irremovable cultivator tenants]; 82,000bordarii; 7,000 cotarii and cotseti [held land by service of labor orrent paid in produce], and 25,000 servi [landless laborers]. There areno more theows. This survey resulted in the first national tax systemof about 6s. per hide of land.

The survey also provided the Conquerer with a summary ofcustoms of areas. For instance, in Oxfordshire, "Anyone breaking theKing's peace given under his hand and seal to the extent of committinghomicide shall be at the King's mercy in respect of his life andmembers. That is if he be captured. And if he cannot be captured, heshall be considered as an outlaw, and anyone who kills him shall haveall his possessions. The king shall take the possessions of anystranger who has elected to live in Oxford and who dies in possessionof a house in that town, and without any kinfolk. The king shall beentitled to the body and the possessions of any man who kills anotherwithin 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 chivalrywherein seven year old noble boys became pages or valets, wore a daggerand waited upon the ladies of the household. At age fourteen, they wereadvanced to squires and admitted into more familiar association withthe knights and ladies of the court. They perfected their skills indancing, riding, fencing, hawking, hunting, jousting, and engaged inteam sports in which the goal was to put the other side to rout. Theylearned the knightly art of war. Enemy fighters were to be taken andheld for ransom rather than killed. Those engaging in rebellion were tobe pardoned and restored to some or all of their lands and titles.Lords' sons could be mutually exchanged with an enemy's as security forpeace. After achieving knighthood, a man usually selected a wife fromthe court at which he grew up. Parents tried to send their daughters toa household superior in social status not only to learn manners, but tomake a good marriage. A girl who did not marry was often sent to anunnery; a dowry was necessary before her acceptance.

The following incidents of land tenure began (but were notfirmly established until the reign of Henry II). Each tenant, whetherbaron or subtenant, was to pay an "aid" in money for ransom if his lordwas captured in war, for the knighthood of his lord's eldest son, andfor the marriage of his lord's eldest daughter. The aid wastheoretically voluntary. Land could be held by an heir only if he couldfight. The eldest son began to succeed to the whole of the lands in allmilitary tenures. Actually, William and his sons insisted on undividedsuccession rather than a strict application of the primogeniture rulethat the eldest son inherit.Younger sons of great houses becamebishops. An heir of a tenant had to pay a heavy "relief" on successionto his estate. The relief replaced the heriot. If there was a delay inproving heirship or paying relief, the lord would hold the land andreceive its income in the meantime, often a year. If an heir was stilla minor or female, he or she passed into his lord's wardship, in whichthe lord had guardianship of the heir and possession of the estate,with all its profits. The mother was not made a minor's guardian. Nolonger was the estate protected by the minor's kin as his birthright. Afemale heir was expected to marry a man acceptable to the lord. Theestate of an heiress and her land was generally sold to the highestbidder. If there were no heirs, the land escheated [reverted] to thelord. If a tenant committed felony, his land escheated to his lord. Theword "felony" came from the Latin word meaning "to deceive" andreferred to the feudal crime of betraying or committing treacheryagainst one's lord.

Astrologers resided with the families of the barons. Peoplewent 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 advicebrought to the nation by William's son after treatment on the continent:"If thou would have health and vigor Shun cares and avoid anger. Betemperate in eating And in the use of wine. After a heavy meal Rise andtake the air Sleep not with an overloaded stomach And above all thoumust Respond to Nature when she calls."

The Conquerer allowed Jewish traders to follow him fromNormandy and settle in separate sections of the main towns. Thenengaged in long distance trade, money changing, and money lending. Theyloaned money for interest for the building of castles and cathedrals.Christians were not allowed by the church to engage in this usury. TheJews could not become citizens nor could they have standing in thelocal courts. Instead, a royal justiciar secured justice for them. Theycould practice their own religion.

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

The Law

The notion of the king's peace extended until it was the normaland general safeguard of the public order.

The Norman conquerors brought no code of written law. William'slaws largely affirmed the laws of the nation as they were in the timesof Edward I. These are substantially all of the laws of William I:

All freemen shall swear an oath of loyalty to William I and shalluphold his lands and honors and defend them against enemies and aliens.William will protect them and exact no more than legally owed service.

If a Frenchman summons an Englishman for perjury, murder, theft,homicide or open robbery, the Englishman shall defend himself bywhichever method he prefers, either the ordeal of iron or trial bycombat. The person defeated shall pay a fine to the king. If anEnglishman summons a Frenchman and declines to prove the charge byordeal or by combat, the Frenchman shall clear himself by acomprehensive oath.

For a charge of outlawry, an Englishman shall clear himself by theordeal of iron. When an Englishman brings a charge of outlawry againsta Frenchman, the Frechman will defend himself by combat or by acomprehensive oath, at the choice of the Englishman.

All the men whom I brought with me [Normans] or who come after me shallenjoy my protection. If any of them is slain, his lord shall arrest theslayer within five days, if he can. If not, he shall begin to pay me a"murdrum" fine of 46 marks of silver from the property of that lord aslong as it lasts. If the property of the lord fails, the whole hundredin which the murder was committed shall pay in common what remains.

All freemen shall be in a frankpledge, so that the frankpledge maybring him to justice, if he has committed an offense or the members ofthe frankpledge shall pay the claim unless clearing themselves of thecharge of any knowledge of fraud by the runaway. The hundred and countycourts shall be attended as before. Those who are required to appearshall be summoned once. Ad if they refuse to appear on the secondsummons, as ox [worth 30d.] shall be confiscated. And so for the thirdsummons, another ox. And if they refuse the fourth summons, the"ceapgeld" [120s.] shall be paid and also the fine for insubordination.

"Everyone who wishes to be admitted to the benefit of the law and to bequalified to obtain legal rights shall be in frankpledge."

In Mercia, a surety has a month and a day to find an escaped personaccused of larceny or robbery, or else shall swear with elevencompurgators that he had not known him to be a thief, that he was notaccessory to his flight, and that he cannot find him. Then he shall payfor the stolen goods and 20s. in lieu of the head of the accused manand 4d. to the jailor, a farthing for the spade, and 40s. to the king.

Every lord shall be personally responsible as surety for his servant sothat, it an accusation is brought against him, he shall bring him fortrial in the hundred court. And if he escapes while he is under theaccusation, the lord shall pay his wergeld. And if the lord is accusedof being an accessory to his flight, he shall clear himself with 5compurgators, and if he cannot, he shall pay compensation to the king;and the man shall be an outlaw.

All freemen shall keep themselves supplied with arms and horses or paythe full fine of insubordination.

All earls, barons, knights, tenants by serjeanty and all free men shallbe ready to perform their service defending me against enemies andaliens, by virtue of their fiefs, which are hereditary. Or pay the finefor insubordination.

The heriot of an earl, which falls to the King, is 8 horses - 4 of thembridled and saddled - 4 coats of mail, 4 helmets, 4 shields, 4 lancesand 4 swords. Of the other 4 horses, 2 shall be hunters and 2 ridinghorses with bridlos and halters. The heriot of a baron is 4 horses - 2bridled and saddled - 2 coats of mail, 2 helmets, 2 shields, 2 swordsand 2 lances. And of the other 2 horses, 1 shall be a hunter and 1 ariding horse with bridles and halters. The heriot of a thegn of lowerrank to his liege lord shall be discharged by (delivering up) hisfather's horse, as it was in the day of his death, his helmet, hisshield, his coat of mail, and lance and his sword. And if he waswithout equipment, having neither horse nor arms, it shall bedischarged by the payment of 100 s. The heriot of a villain: he shallgive to this lord the best animal that he has, either a horse, an ox,or a cow. And further all villeins shall be in frankpledge. For thosewho hold their land by the payment of rent, the legal heriot shall bethe equivalent of a year's rent.

No one shall entertain a man for more than 3 days, unless he iscommitted to this charge by the man with whom he was formerly serving.And no one shall let any of his men leave him after an accusation hasAll men shall keep the law of Edward relating to the tenure of estates.been brought against him.

I prohibit the slaying or hanging of anyone for any offense, but hiseyes shall be put out and he shall suffer castration, so the trunkremains alive as a sign of his treachery and wickedness. If a personviolates this, he shall pay the insubordination fee.

All cities, boroughs, castles, hundreds and wapentakes shall be guardedevery night on all sides against malefactors and enemies, as oursheriffs, earldormen, reeves and other officials and servants bestprovide.

The protection of the church is inviolable. Whatever crime a man hascommitted, if he can make his way to a holy church, he shall haveprotection for life and limb. And if anyone lays hands on him there, heshall pay for anything he has taken and a fine of 100s. for a bishop'schurch, abbey or monastery, 20s. for a parish church, and 10s. for achapel.

"If a man wishes to prove against his lord that he has an agreement forhis land, he must do so by means of his fellow-tenants whom he summonsas witnesses, for he cannot do so by means of strangers."

If a man slays another he shall pay manbot to the lord of the slain manin the amount of 10s. for a free man and 20s. for a slave.

The wergeld of a thegn is 20 pounds in Mercia and 25 pounds inWessex. The wergeld of a villain is 100s. (20s. would buy a stallion,10s. a bull and 5s. a boar.) 10s. of the wergeld shall be paid to thewidow and children and the relatives and orphans shall divide whatremains among themselves.

The archbishop shall have as compensation for breach of his protection40s. in Mercia, a bishop 20s., an earl 20s., a baron 10s.,and a sokeman40d.

If a man wounds another he shall pay for medical attendance and if heis wounded on the face, or a part which is visible, for every inch 8d.,on the head or any hidden place, for every inch 4d., for every piece ofbone drawn out of the wound 4d.

If a man cuts off the hand or foot of another, he shall pay half hiswergeld according to his inherited rank. For the thumb he shall payhalf the value of his hand, for the finger next the thumb, 15s.according to the English reckoning (i.e. 4d. to the shilling), for themiddle finger 16s., for the ring-finger 17s., for the little finger5s., for the nail if it is cut away from the flesh, 5 English s., forthe nail of the little finger 4d.

"If a man poisons another, he shall be slain or sent into permanentexile."

There is a 100s. fine for violation of the king's peace or attack onpeople's houses or for premeditated waylaying.

If anyone slays or assaults anyone who is traveling through the countryon any of the following four highways, namely, Watling Street, ErmineStreet, the Fosse Way, the Icknied Way, he violates the king's peace.(Two of these streets extended the length of the kingdom and twoextended across its width.)

For the guarding of roads, every 10 hides of the hundred shall supply aman between Michaelmas and Martinmas, or pay compensation for anylivestock taken over the road, unless they have raised the hue and cryof been subject to force.

A peasant is not to be harassed or ejected except for not performinghis legal services. A peasant leaving the estate where he was born mustbe returned to it.

If a father finds his daughter in adultery in his own or in hisson-in-laws house, he may slay the adulterer. The same holds for a sonand his mother during the father's lifetime.

"He who assaults the wife of another man shall forfeit his wergeld tohis lord."

"If anyone assaults a woman he shall suffer castration as a penalty."

"If a woman who is pregnant is sentenced to death or to mutilation, thesentence shall not be carried out until she is delivered."

If anyone knocks out a man's eye by any kind of accident, he shall pay70 English shillings as compensation. And if he destroys the sightwithout displacing the pupil, he shall pay only half the sum.

"If a man dies intestate [without a will], his children shall dividethe inheritance equally among themselves."

And if anyone comes upon a thief and of his own accord lets him escape,without raising the hue and cry, he shall make compensation by thepayment of the thief's value or clear himself.

"And if anyone hears the hue and cry and neglects it, he shall pay thefine for neglecting it to the king, or clear himself."

If a man captures a thief without the hue and cry being given, theinjured man shall pay 10s. as a fine for neglecting to arrest the thief.

If theft is discovered on anyone's land and the thief is discovered,the lord of the estate and the thief's wife shall have half of hisproperty and the claimants shall have their goods, if they find them.And with regard to the other half, if the theft is discovered in adistrict over which the lord has rights of jurisdiction, the wife shalllose her share and it shall pass to the lord.

"Further, we forbid the buying or selling of any livestock exceptwithin towns and before three trustworthy witnesses, likewise that ofany second-hand goods without a surety and warrantor." The penalty istwice the value of the goods and the fine for insubordination.

No one shall buy anything of 4d. in value, either livestock or otherproperty, unless he has 4 men as witnesses either from a town or avillage. If anyone claims it and he has no witnesses and no warrantor,the goods shall be given up to the claimant and the fine shall be paidto the party who is entitled thereto. And if he has such witnesses,vouching to warranty shall take place three times; and on the fourthoccasion he shall prove his ownership of it or deliver it up.

If anyone has taken livestock into his care, whether horses or oxen orcows or sheep or pigs, the man who claims them shall pay 8d. and nomore in return for the care of them, however many there are up to ahundred head of cattle. As for one pig, 1d, for one sheep, 1d., and soon up to 8d. And he shall give pledge and find surety, that if anotherman comes forward within a year and a day to claim them, he will bringit for decision to the court of the man who had taken them into his owncare.

Strayed livestock and found property shall be exhibited in three partsof the neighborhood. Anyone who claims it shall give pledge and suretyand if another claims it within a year and a day, he will bring it fordecision to the court of the man who found it.

The attachment of livestock: If anyone desires to claim it as stolen,and is willing to give pledge and find surety for prosecuting hisclaim, he who has possession of it must name his warrantor if he hasone. If not, he shall name his surety and his witnesses, and producethem at the appointed day and time, if he has them, and the claimantshall give a pledge with 5 compurgators, and the other shall give thelivestock into the hands of his warrantor or his surety, whichever ofthese he has. And if he has neither but has witnesses that he bought itin the public market and that he does not know whether his warrantor orhis pledge is dead or alive, he shall swear to this along with hiswitnesses with a simple oath. In this way he shall lose his goods, butescape punishment, if they bear witness that he obtained a surety forthem. And, in Mercia, if he can produce neither warrantor nor witness,he shall lose the goods and pay in addition compensation to theclaimant and forfeit is wergeld to his lord. And if he can prove thatit is of his own breeding by means of witnesses drawn from three partsof his neighborhood he shall have won his case.

There shall be no market or fair except in boroughs or castles or otherenclosed or well-guarded places.

Weights and measures shall be stamped and reliable as before.

"Likewise if slaves have remained for a year and a day, without beingclaimed, in our cities or in our walled boroughs or in our castles,from that day they shall become free men."

I forbid anyone to sell a Christian out of the country, especially intoheathen lands, or pay the fine for insubordination to me.

Anyone can set free a slave of his by presenting him to the sheriff inthe county court and giving him the arms of a freeman, namely a lanceand sword.

If I cast your things overboard from a ship in fear of death, then youcannot bring a charge against me. The things that remained in the shipshall be divided in common according to the value of the goodsoriginally belonging to each person.

He who possesses livestock of the value of 30 d. shall pay Peter's
Pence, and then his laborers, herdsmen, and servants shall be exempt.
Otherwise he shall pay a fine of 30d. to the bishop and 40s. to the
king.

If a man accuses another of theft and the latter is a free man and canproduce witnesses to prove that he is entitled to the benefit of thelaw, he shall clear himself by the simple oath (of exculpation). Andthose who have been (previously) accused shall clear themselves by theoath with selected compurgators, that is by means of 14 qualified mennominated (by the court) of whom 11 must act as the accused man'scompurgators to clear him of the charge, if he can find as many to doso. And if he cannot find them, he shall defend himself against thecharge by the ordeal. And the plaintiff shall swear by means of 7 mennominated (by the court), of whom 5 must act as his compurgators, thathe does nothing through malice or for any other reason than to obtainhis legal right.

And if anyone is accused of breaking into a church or a treasury, andhas no previous convictions, he shall clear himself with 11compurgators found among 14 qualified men nominated (by the court). Andif he has been previously accused, he shall clear himself with threetimes as many, namely with 35 compurgators found among 42 qualified mennominated (by the court). And if he cannot find them, he shall go tothe triple ordeal, just as he had (to produce) a triple oath. And if hehas previously paid compensation for theft, he shall go to the waterordeal.

He who gives a false judgment shall forfeit his wergeld to his lord,unless he can swear on the holy relics that he did not know how to givea better decision.

No one shall be condemned to death for a trivial crime, but anotherpenalty shall be devised according to the nature and magnitude of thecrime.

He who makes an unjust judgment because of rage, malice, or briberyforfeits 40s. to the king and loses his right of jurisdiction.

A judgment given in a case between those concerned cannot affectinjuriously others who are not present.

He who refuses to observe just law and just judgment shall forfeit afine to the party who is entitled thereto, the king 6 pounds, an earl40s. and to all those who have a court in England.

No one shall appeal to the king until he fails to obtain justice in thehundred or county courts.

"When a man carries on a suit in any court other than that in which theking is present in person, and it is maintained against him that he hassaid something which he will not acknowledge - if he can prove by meansof a trustworthy man, who has seen and heard all the suit, that he didnot say it, then the validity of his word shall be admitted."

"And if anyone who has charges brought against him in the hundred courtto such an extent that 4 men accuse him, he shall clear himself with 11compurgators."

"No one shall make distraint of property whether in the county court oroutside it, until he has demanded justice three times in the hundred orin the county courts." If the man against whom he is bringing hischarge fails to appear the fourth time, he shall get leave to makedistraint for what is his own.

If anyone who is accused and against whom evidence of untrustworthinessis given fails three times to attend the court proceedings, and if, atthe fourth meeting of the court, the summoners bring forward his threedefections, he shall once more be asked to find a surety and appearbefore the court. And if he refuses, he shall be seized, alive or dead,and all that he has shall be taken, and the value of his goods shall bepaid to the claimant, and the lord of the thief shall take half of whatremains and the hundred half.

One God shall be honored throughtout the kingdom.

By charter, William granted to Londoners all the rights they had in thetime of King Edward and willed that every child should be his father'sheir.

Judicial Procedure

"Ecclesiastical" courts were created for bishops to presideover cases concerning the cure of souls and criminal cases, in whichthe ordeal was used. When the Conqueror did not preside over thiscourt, an appeal could be made to him.

The hundred and county courts now sat without clergy andhandled only "civil" cases. They were conducted by the King's ownappointed sheriff. Only freemen and not bound villeins had standing inthis court. They continued to transact their business in the Englishlanguage.

The local jurisdictions of thegns who had grants of sac andsoke or who exercised judicial functions among their free neighborswere now called "manors" and their owners conducted a manor court.

The Conqueror's Royal Court ["Curia Regis"] replaced the witan.It was composed of those to whom William had made grants of land on theunderstanding that they should perform certain feudal services to him.When the Conqueror wished to determine the national laws, he summonedtwelve elected representatives of each county to declare on oath theancient lawful customs and law as they existed in the time of thepopular King Edward the Confessor. The recording of this law was begun.A person could spend months trying to catch up with the Royal Court topresent a case. Sometimes the Conqueror sent the Justiciar orcommissioners to hold his Royal Court in the various districts. Thecommissioner appointed groups of local men to give a collective verdictupon oath for each trial he conducted. The Conqueror allowed, on an adhoc basis, certain high-level people such as bishops and abbots andthose who made a large payment, to have land disputes decided by aninquiry of recognitors. Besides royal issues, the Royal Court heardappeals from lower court decisions. It used English, Norman, feudal,Roman, and canon law legal principles to reach a decision, and wasflexible and expeditious. The powers of the shire court were lessenedby the expanding authority of the Royal Court.

Trial by combat could be used in two instances: 1) a disputebetween a Frenchman and an Englishman over seisin of land initiated bya writ of right, or 2) a criminal appeal of felony brought by anEnglishman or Frenchman against the other. Each combatant first sworeto the truth of his cause and undertook to prove by his body the truthof his cause by making the other surrender by crying "craven" [cravingforgiveness]. The combatants used weapons like pickaxes and shields.Presumably the man in the wrong would not fight as well because he wasburdened with a guilty conscience. Although this trial was thought toreflect God's will, it favored the physically fit and adept person.After losing the trial by combat, the guilty person would be punishedappropriately.

London had its own traditions. All London citizens met at itsfolkmote, which was held three times a year to determine its publicofficers, 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 HustingsCourt, which met every Monday in the Guildhall. The city was dividedinto wards, each of which was under the charge of an elected alderman[elder man]. (The election was by a small governing body and the mostwealthy and reputable men and not a popular election.) The aldermen hadspecial knowledge of the law and a duty to declare it at the HustingsCourt. Each alderman also conducted wardmotes in his ward and decidedcriminal and civil issues between its residents. Within the wards werethe guilds of the city.

King William I decided a lawsuit regarding land on the basis oftestimony of the county thus: "William, by God's grace king of theEnglish, to Bishop Walkelin, {Sheriff} Hugh de Port and his lieges ofHampshire, greeting. I notify you that I have restored to ArchbishopThomas of York one hide of land pertaining to the church of Mottisfont,as Archbishop Ealdred best had it at the time of King Edward, inmeadows and wood and pasture and in common pasturage for as manyanimals as the maximum he could have there at the time of King Edward,as was testified before Bishop [William] of Durham and Bertram deVerdun and devised by the men of the county. Farewell. Witnesses:Bishop William of Durham and Bertram de Verdun."

The Royal Court decided this case: "At length both parties weresummoned before the King's court, in which there sat many of the noblesof the land of whom Geoffrey, bishop of Coutances, was delegated by theKing's authority as judge of the dispute, with Ranulf the Vicomte,Neel, son of Neel, Robert de Usepont, and many other capable judges whodiligently and fully examined the origin of the dispute, and deliveredjudgment that the mill ought to belong to St. Michael and his monksforever. The most victorious King William approved and confirmed thisdecision."

Chapter 5

The Times: 1100-1154

King Henry I, son of William the Conquerer, furthered peacebetween the Normans and native English by his marriage to a niece ofKing Edward the Confessor called Matilda. She married him on conditionthat he grant a charter of rights undoing some practices of the pastreigns of William I and William II. Peace was also furthered by thefact that Henry I had been born in England and English was his nativetongue. The private wars of lords were now replaced by less seriousmock battles.

Henry was a shrewd judge of character and of the course ofevents, cautious before taking action, but decisive in carrying out hisplans. He was faithful and generous to his friends. He showed a strongpractical element of calculation and foresight. Although illiterate, hewas intelligent and a good administrator. He had an efficientintelligence gathering network and an uncanny knack of detecting hiddenplans before they became conspiratorial action. He made many able menof inferior social position nobles, thus creating a class of careerjudges and administrators in opposition to the extant hereditaryaristocracy. He loved books and built a palace at Oxford to which heinvited scholars for lively discussion. Euclid's "Elements" ", whichdeduced from axioms the properties of lines, circles, and spheres, wasintroduced into England.

Queen Matilda served as regent of the kingdom in Henry'sabsence, as William's queen had for him. Both queens received specialcoronation apart from their husbands; they held considerable estateswhich they administered through their own officers, and were frequentlycomposed of escheated honors. Matilda was learned and a literarypatron. She founded an important literary and scholastic center. Hercompassion was great and her charities extensive. In London she foundedseveral almshouses and a caregiving infirmary for lepers. These werenext to small monastic communities. She also had new roads and bridgesbuilt.

Henry issued charters restoring customs which had beensubordinated to royal impositions by previous Kings, which set aprecedent for later Kings. His coronation charter describes certainproperty 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 thebarons of the whole kingdom of England I have been crowned king of thisrealm. And because the kingdom has been oppressed by unjust exactions,I now, being moved by reverence towards God and by the love I bear youall, make free the Church of God; so that I will neither sell nor leaseits property; nor on the death of an archbishop or a bishop or an abbotwill I take anything from the demesne of the Church or from its vassalsduring the period which elapses before a successor is installed. Iabolish 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 tenantsshall die his heir shall not redeem his land as he was wont to do inthe time of my brother, but he shall henceforth redeem it by means of ajust and lawful relief. Similarly the men of my barons shall redeemtheir 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 -inmarriage his daughter or his sister or his niece or his cousin, heshall consult me about the matter; but I will neither seek payment formy consent, nor will I refuse my permission, unless he wishes to giveher in marriage to one of my enemies. And if, on the death of one of mybarons or of one of my tenants, a daughter should be his heir, I willdispose of her in marriage and of her lands according to the counselgiven me by my barons. And if the wife of one of my tenants shallsurvive her husband and be without children, she shall have her dowerand her marriage portion [that given to her by her parents], and I willnot give her in marriage unless she herself consents.

[4.] If a widow survives with children under age, she shall have herdower 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 theguardian of the land, and of the children, shall be either the widow oranother of their relations, as may seem more proper. And I order that-my barons shall act likewise towards the sons and daughters -andwidows of their men.

[5.] I utterly forbid that the common mintage [a forced levy to preventloss to the King from depreciation of the -coinage], which has beentaken from the towns and counties, shall henceforth be levied, since itwas not so levied in the time of King Edward [the Confessor]. If anymoneyer 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 tobelong to the inheritance of others, or to concern the property whichjustly belonged to others. And if anyone had promised anything for hisheritage, I remit it, and I also remit all 'reliefs' which werepromised for direct inheritance.

[7.] If any of my barons or of my men, being ill, shall give away orbequeath his movable property, I will allow that it shall be bestowedaccording to his desires. But if, prevented either by violence orthrough sickness, he shall die intestate as far as concerns his movableproperty, his widow or his children, or his relatives or one his truemen shall make such division for the sake of his soul, as may seem bestto them.

[8.] If any of my barons or of my men shall incur a forfeit, he shallnot 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 heshall only make payment -according to the extent of his legalforfeiture, as was done before the time of my father and in the time ofmy earlier predecessors. Nevertheless, if he be convicted of breach offaith or of crime, he shall suffer such penalty as is just.

[9.] I remit all murder fines which were incurred before the day onwhich I was crowned King; and such murder fines as shall now beincurred shall be paid justly according to the law of King Edward [bysureties].

[10.] By the common counsel of my barons I have retained the forests inmy own hands as my father did before me.

[11.] The knights, who in return for their estates perform militaryservice equipped with a hauberk [long coat] of mail, shall hold theirdemesne lands quit of all gelds [money payments] and all laborservices; I make this concession as my own free gift in order that,being thus relieved of so great a burden, they may furnish themselvesso well with horses and arms that they may be properly equipped todischarge my service and to defend my kingdom.

[12.] I establish a firm peace in all my kingdom, and I order that thispeace shall henceforth be kept.

[13.] I restore to you the law of King Edward together with suchemendations to it as my father [William I] made with the counsel of hisbarons.

[14.] If since the death of my brother, King William [II], anyone shallhave seized any of my property, or the property of any other man, lethim speedily return the whole of it. If he does this no penalty will beexacted, 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 peaceand justice. Royal justice became a force to be reckoned with by themultiplication of justices. Henry had a great respect for legality andthe 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 thequeen out of every hundred marks of silver paid, in the way of fine orother feudal incident, to the king, probably dates from Henry I's reign.

A woman could inherit a fief if she married. The primary wayfor a man to acquire control of land was to marry an heiress. If a manwere in a lower station than she was, he had to pay for his new socialstatus as well as have royal permission. A man could also be awardedland which had escheated to the King. If a noble woman wanted to holdland in her own right, she had to make a payment to the King. Manywidows bought their freedom from guardianship or remarriage from theKing. Women whose husbands were at war also ran the land of theirhusbands.

Barons were lords of large holdings of farmland called"manors". Many of the lesser barons left their dark castles to live insemi- fortified stone houses, which usually were of two rooms with rughangings for drafts, as well as the sparse furniture that had beencommon 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 ofthatch or narrow overlapping wood shingles. The stone floor was strewnwith hay and there was a hearth near the center of the floor, with alouvered smoke hole in the timber roof for escape of smoke. There werebarns for grain and animals. Beyond this area was a garden, orchard,and sometimes a vineyard. The area was circ*mscribed by a moat overwhich there was a drawbridge to a gatehouse.

The smaller room was the lord and lady's bedroom. It had acanopied bed, chests for clothing, and wood frames on which clothescould be hung. Life on the manor revolved around the larger room, orhall, where the public life of the household was passed. There, mealswere served. The daily diet typically consisted of milk, soup,porridge, fish, vegetables, and bread. Open hospitality accompaniedthis communal living. There was little privacy. Manor householdvilleins carried the lord's sheaves of grain to the manor barn, shorehis sheep, malted his grain, and chopped wood for his fire. At nightsome slept on the floor of the hall. Others, who were cottars andbordars, had their own dwellings nearby.

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

About 35% of the land was arable land, about 25% was commonpasture land (for grazing only) or meadow land (near a stream or riverand used for hay or grazing), and about 15% was woodland. There werethese types of land and wasteland on each manor. The arable land wasallotted to the villeins in strips to equalize the best and worst landand their distance from the village where the villeins lived. There wasthree-way rotation of wheat or rye, oats or barley, and fallow land.Cows, pigs, sheep, and fowl were kept. The meadow was allocated for hayfor the lord's household and each villein's. The villeins held land oftheir lord for various services such as agricultural labor or raisingdomestic animals. The villeins worked about half of their time on theirlord's fields [his demesne land], which was about a third of thefarmland. This work was primarily to gather the harvest and to ploughwith oxen, using a yoke over their shoulders, and to sow in autumn andLent. They threshed grain on barn floors with flails cut from holly orthorn, and removed the kernels from the shafts by hand. Work lastedfrom sunrise to sunset and included women and children. The olderchildren could herd geese and pigs, and set snares for rabbits. Theyoung children could gather nuts and berries in season and other wildedibles, and could pick up little tufts of wool shed by sheep. The oldcould stay in the hut and mind the children, keep the fire going andthe black pot boiling, sew, spin, patch clothes, and cobble shoes. Theold often suffered from rheumatism. Many people had bronchitis. Manychildren died of croup [inflammation of the respiratory passages]. Lifeexpectancy was probably below thirty-five.

The villein retained his customary rights, his house and landand rights of wood and hay, and his right in the common land of histownship. Customary ways were maintained. The villeins of a manorelected a reeve to communicate their interests to their lord, usuallythrough a bailiff, who directed the labor. Sometimes there was asteward in charge of several of a lord's manors, who also held themanorial court for the lord. The steward held his land of the lord bypetty serjeanty, which was a specific service to the lord. Otherserjeanty services were carrying the lord's shield and arms, findingattendants and esquires for knights, helping in the lord's huntingexpeditions, looking after his hounds, bringing fuel, doing carpentry,and forging irons for ploughs. The Woodward preserved the timber. TheMesser supervised the harvesting. The Hayward removed any fences fromthe fields after harvest to allow grazing by cattle and sheep. TheCoward, Bullard, and Calvert tended the cows, bulls, and calves; theShepherd, the sheep; and the Swineherds the pigs. The Ponder impoundedstray 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 woodfence, hedge, or stone wall. In this yard was a garden of onions,leeks, mustard, peas, beans, parsley, garlic, herbs, and cabbage andapple, pear, cherry, quince, and plum trees, and beehives. The hut hada high-pitched roof thatched with reeds or straw and low eaves reachingalmost to the ground. The walls are built of wood-framing overlaid withmud or plaster. Narrow slits in the walls serve as windows, which haveshutters and are sometimes covered with coarse cloth. The floor is dirtand may be covered with straw or rushes for warmth, but usually nohearth. In the middle is a wood fire burning on a hearthstone, whichwas lit by making a spark by striking flint and iron together. Thesmoke rose through a hole in the roof. At one end of the hut was thefamily living area, where the family ate on a collapsible trestle tablewith stools or benches. Their usual food was beans and peas, oatmealgruel, butter, cheese, vegetables, honey, rough bread made from amixture of wheat, barley, and rye flour, herrings or other salt fish,and some salted or smoked bacon. Butter had first been used for cookingand as a medicine to cure constipation. For puny children it could besalted down for the winter. The bread had been roasted on the stones ofthe fire; later there were communal ovens set up in villages. Cookingwas done over the fire by boiling in iron pots hung from an irontripod, or sitting on the hot stones of the fire. They ate from woodbowls using a wood spoon. When they had fresh meat, it could be roastedon a spit. Liquids were heated in a kettle. With drinking horns, theydrank water, milk, buttermilk, apple cider, mead, ale made from barleymalt, and bean and vegetable broth. They used jars and otherearthenware, e.g. for storage of salt. They slept on straw mattressesor sacks on the floor or on benches. The villein regarded his bed areaas the safest place in the house, as did people of all ranks, and kepthis treasures there, which included his farm implements, as well ashens 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 toguard against fire burning down the huts. The warmth of the animalsthen helped make the hut warm. Around the room are a couple of cheststo store salt, meal, flour, a broom made of birch twigs, some wovenbaskets, the distaff and spindle for spinning, and a simple loom forweaving. All clothes were homemade. They were often coarse, greasy wooland leather made from their own animals. The man wore a tunic of coarselinen embroidered on the sleeves and breast, around with he wore agirdle of rope, leather, or folded cloth. Sometimes he also worebreeches reaching below the knee. The woman wore a loose short-sleevedgown, 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 badweather, a man wore on his head a hood with a very elongated pointwhich could be wrapped around his neck. Sometimes a short cape over theshoulders was attached. Linen was too expensive for commoners.

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

The villein and his wife and children worked from daybreak todusk in the fields, except for Sundays and holydays. He had certainland to farm for his own family, but had to have his grain milled athis lord's mill at the lord's price. He had to retrieve his wanderingcattle from his lord's pound at the lord's price. He was expected togive 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, nowwas so bound to the land that he could not leave or marry or sell an oxwithout his lord's consent. If the manor was sold, the villein was soldas a part of the manor. When his daughter or son married or if he senthis son to school,he had to pay a "merchet" to his lord. He could nothave a son educated without the lord's permission, and this usuallyinvolved 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, hepaid "chevage" yearly. Woodpenny was a yearly payment for gatheringdead wood. Sometimes a "tallage" payment was taken at the lord's will.The villein's oldest son usually took his place on his land andfollowed the same customs with respect to the lord. For an heir to takehis dead ancestor's land, the lord demanded payment of a "relief",which was usually the amount of a year's income but sometimes as muchas the heir was willing to pay to have the land. The usual aids werealso 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 wainwrightand carter.

Markets were about twenty miles apart because a farmer from theoutlying area could then carry his produce to the nearest town and walkback again in the daylight hours of one day. In this local market hecould buy foodstuffs, livestock, household goods, fuels, skins, andcertain varieties of cloth.

The cloth was crafted by local weavers, dyers, and fullers. Theweaver lived in a cottage with few and narrow windows and littlefurniture. He worked in the main, and sometimes the only, room. Firstthe raw wool was washed with water at the front door to remove thegrease. Then its fibers were disentangled and made fine with hand cardswith thistle teeth, usually by the children. Then it was spun by aspinning wheel into thread, usually by the wife. On a double frameloom, a set of parallel threads was strung lengthwise. A device workedby a pedal lifted half of these threads —every other thread—while theother half remained in place. Between the lifted threads and thestationary threads a shuttle was thrown by the weaver from one hand toanother. Then the threads which had remained stationary were raised bya second pedal and the shuttle thrown back. The shuttle carried a spoolso that, as it moved, it left a thread behind it running crosswise orat right angles to the lengthwise threads and in and out between them.The lengthwise threads were called the "warp"; the shuttle thread wasthe "woof" or the "weft".In making cloth, it was the warp which, as theloom moved, took the worst beating. With the constant raising andlowering, these treads would wear and break, whereas the weft on whichthere was little strain remained intact. None of the cotton yarn whichthe old-fashioned wheels had spun was strong enough for warp. So it wasnecessary to use linen thread for the warp.

Since one loom could provide work for about six spinners, theweaver had his wool spun by other spinners in their cottages. Sometimesthe master weaver had an apprentice or workman working and living withhim, who had free board and lodging and an annual wage. Then a fullermade the cloth thick and dense by washing, soaping, beating, andagitating it, with the use of a community watermill which could be usedby anyone for a fixed payment. The cloth dried through the night on arack outside the cottage. The weaver then took his cloth, usually onlyone piece, to the weekly market to sell. The weavers stood at themarket holding up their cloth. The cloth merchant who bought the cloththen had it dyed or dressed according to his requirements. Its surfacecould 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 hada horse for travel, a cow for milk, chickens for eggs, perhaps a fewcattle, and some grazing land. Butchers bought, slaughtered, and cut upanimals to sell as meat. Some was sold to cooks, who sold preparedfoods. The hide was bought by the tanner to make into leather. Theleather was sold to shoemakers and glovemakers. Millers boughtharvested grain to make into flour. Flour was sold to bakers to makeinto breads. Wood was bought by carpenters and by coopers, who madebarrels, buckets, tubs, and pails. Tilers, oilmakers and rope makersalso bought raw material to make into finished goods for sale.Wheelwrights made ploughs, harrows, carts, and later wagons. Smiths andlocksmiths 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 bystriking the ice with staves shod with iron. On summer holydays, theyexercised in leaping, shooting with the bow, wrestling, throwingstones, and darting a thrown spear. The maidens danced with timbrels.Since at least 1133, children's toys included dolls, drums, hobbyhorses, pop guns, trumpets, and kites.

The cold, indoors as well as outdoors, necessitated that peoplewear ample and warm garments. Men and women of position dressed in longfull cloaks reaching to their feet, sometimes having short fullsleeves. The cloak generally had a hood and was fastened at the neckwith a brooch. Underneath the cloak was a simple gown with sleevestight at the wrist but full at the armhole, as if cut from the samepiece of cloth. A girdle or belt was worn at the waist. When the menwere hunting or working, they wore gown and cloak of knee length. Menwore stockings to the knee and shoes. The fashion of long hair on menreturned.

The nation grew with the increase of population, thedevelopment of towns, and the growing mechanization of craftindustries. There were watermills for crafts and for supplying anddraining water in all parts of the nation. In flat areas, slow riverscould be supplemented by creating artificial waterfalls, for whichwater was raised to the level of reservoirs. There were also some iron-smelting furnaces. Coal mining underground began as a familyenterprise. Stone bridges over rivers could accommodate one persontraveling by foot or by horseback and were steep and narrow. Thewheelbarrow came into use to cart materials for building castles andcathedrals.

Merchants, who had come from the low end of the knightly classor high end of the villein class, settled around the open market areas,where main roads joined. They had plots narrow in frontage along theroad and deep. Their shops faced the road, with living space behind orabove their stores. Town buildings were typically part stone and parttimber as a compromise between fire precautions and expense.

Towns, as distinct from villages, had permanent markets. Astowns grew, some became boroughs by paying a fee to obtain a charterfor self-government from the king giving the town judicial andcommercial freedom. They were literate enough to do accounts. So theydid their own valuation of the sum due to the crown so as not to paythe sheriff any more than that. These various rights were typicallyexpanded in future times, and the towns received authority to collectthe sum due to the crown rather than the sheriff. This they did byobtaining a charter renting the town to the burgesses at a fee farmrent equal to the sum thus deducted from the amount due from thecounty. The freemen were "free of the borough", which meant they hadexclusive rights and privileges with respect to it. Selling wholesalecould take place only in a borough. Burgesses were free to marry. Theywere not subject to defense except of the borough. They were exemptfrom attendance at county and hundred courts. The king assessed atallage [ad hoc tax] usually at ten per cent of property or income. Inthe boroughs, merchant and manufacturing guilds controlled prices andassured quality. The head officer of the guild usually controlled theborough, which excluded rival merchant guilds. A man might belong tomore than one guild, e.g. one for his trade and another for religion.The frankpledge system prevailed in the boroughs.

Craft guilds grew up in the towns, such as the tanners atOxford, 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 andwere given a monopoly of weaving cloth within a radius of severalmiles. Guild rules covered attendance of the members at churchservices, the promotion of pilgrimages, celebration of masses for thedead, common meals, relief of poor brethren and sisters, the hours oflabor, the process of manufacture, the wages of workmen, and technicaleducation. King Henry standardized the yard as the length of his ownarm.

Trades and crafts, each of which had to be licensed, groupedtogether by specialty in the town. Cloth makers, dyers, tanners, andfullers were near an accessible supply of running water, upon whichtheir trade depended. Streets were often named by the trade locatedthere, 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 andpies, timber and cloth all had a distinct location. Some young men wereapprenticed to craftsmen to assist them and learn their craft.

London had bought the right to have an elected mayor. TheNorman word "mayor" replaced "portreeve". Henry I granted theLondoners the right to elect a sheriff and a justiciar from amongthemselves. London had at least twenty wards, each governed by its ownalderman. Most of them were named after people. London was ruled bysixteen families linked by business and marriage ties. These businessessupplied luxury goods to the rich and included the goldsmiths [soldcups, dishes, girdles, mirrors, purses knives, and metal winecontainers with handle and spout], vintners [wine merchants], mercers[sold textiles, haberdashery, combs, mirrors, knives, toys, spices,ointments, and potions], drapers, and pepperers, which later mergedwith 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 becooked 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 tothe city. When a non-freeholder stayed in London he had to find forfrankpledge, three sureties for good behavior. Failure to do so was afelony and the ward would eject him to avoid the charge of harboringhim with its heavy fine. The arrival of ships with cargoes fromcontinental ports and their departure with English exports was theregular waterside life below London Bridge. Many foreign merchantslived in London. Imports included timber, hemp, fish, and furs. Therewas a fraternal organization of citizens who had possessed their ownlands with sac and soke and other customs in the days of King Edward.There were public bathhouses, but they were disreputable. A lady wouldtake an occasional bath in a half cask in her home. The church warnedof evils of exposing the flesh, even to bathe.

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

"Henry, by the grace of God, King of England, to the Archbishop ofCanterbury and the bishops, abbots, earls, barons, justiciars, sheriffsand all his loyal subjects, both French and English, throughout thewhole of England - greeting.

1. -Be it known to you that I have granted Middlesex to my citizens ofLondon to be held on lease by them and their heirs of me and my heirsfor 300 pounds paid by tale [yearly], upon these terms: that thecitizens themselves [may] appoint a sheriff, such as they desire, fromamong themselves, and a justiciar, such as they desire, from amongthemselves, to safeguard the pleas of my Crown [criminal cases] and toconduct such pleas. And there shall be no other justiciar over the menof London.

2. -And the citizens shall not take part in any [civil] case whatsoeveroutside the City walls.

- -1) And they shall be exempt from the payment of scot and danegeldand 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 theCrown, he shall clear himself, as a citizen of London, by an oath whichhas been decreed in the city.

- -4) And no one shall be billeted [lodged in a person's house byorder of the King] within the walls of the city nor shall hospitalitybe forcibly exacted for anyone belonging to my household or to anyother.

- -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 inpeace and security their rights of jurisdiction [in civil and criminalmatters] along with all their dues, in such a way that lessees whooccupy property in districts under private jurisdiction shall pay duesto no one except the man to whom the jurisdiction belongs, or to theofficial whom he has placed there.

- -7) And a citizen of London shall not be amerced [fined by a courtwhen the penalty for an offense is not designated by statute] toforfeiture of a sum greater than his wergeld, [hereby assessed as] 100shillings, in a case involving money.

- -8) And further there shall be no miskenning [false plea causing aperson to be summoned to court] in a husting [weekly court] or in afolkmote [meeting of the community], or in any other court within theCity.

- -9) And the Hustings [court] shall sit once a week on Monday.

- -10) And I assure to my citizens their lands and the propertymortgaged to them and the debts due to them both within the City andwithout.

- -11) And with regard to lands about which they have pled in suitbefore me, I shall maintain justice on their behalf, according to thelaw 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 wasexacted a sum equivalent to that which the citizen of London gave astoll and hence sustained as loss.

- -13) And all those who owe debts to citizens shall pay them or shallclear 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 ofa third party, and bring them] into the city from the [town, villageor] county in which the debtor lives [as pledges to compel appearancein court].

- -15) And the citizens shall enjoy as good and full hunting rights astheir ancestors ever did, namely, in the Chilterns, in Middlesex, andin Surrey.

Witnessed at Westminster."

The above right not to take part in any case outside the cityrelieved London citizens from the burden of traveling to wherever theKing's court happened to be, the disadvantage of not knowing localcustoms, and the difficulty of speaking in the language of the King'scourt rather than in English. The right of redress for tolls exactedwas new because the state of the law was that the property of theinhabitants 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 otherperforms his obligation] upon foreigners within, or without their ownmarket, within or without their own houses, and within or without theirown borough without the leave of the reeve, unless the county court isbeing held in the borough, and unless [the foreigners are] on militaryservice or guarding the castle.

[2] -A burgess cannot distrain upon a burgess without the leave of thereeve.

[3] -If a burgess have lent anything of his to a foreigner, let thedebtor restore it in the borough if he admits the debt, if he deniesit, let him justify himself in the borough.

[4] -Pleas which arise in the borough shall be held and -concludedthere, except pleas of the Crown.

[5] -If any burgess be appealed [sued] of any plaint, he shall notplead without the borough, unless for default of [the borough] court.

[6] -Nor ought he to answer without day and term, unless he have falleninto 'miskenning' [error in pleading], except in matters which pertainto the Crown.

[7] -If a ship have put in at Tynemouth and wishes to depart, theburgesses may buy what they will [from it].

[8] -If a plea arise between a burgess and a merchant, it shall beconcluded 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 theclaimant have been without the realm of - - -England, or a child not ofa*ge to plead.

[11] If a burgess have a son, he shall be included in his father'sfreedom if he be with his father.

[12] If a villein come to dwell in the borough, and dwell there a yearand a day as a burgess, he shall abide altogether, unless notice hasbeen 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 defendhimself by his law, unless it be of treason, whereof he is bound todefend 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 towneither wool or leather or other merchandise, nor within the boroughexcept [from] burgesses.

[16] If a burgess incur forfeit, he shall give six ounces [10s.] to thereeve.

[17] In the borough there is no merchet [payment for marrying off adaughter] nor heriot nor bloodwite [fine for drawing blood] norstengesdint [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 tointerfere but the reeve. If she forfeit twice, she shall be chastisedby her forfeit. If three times, let justice be done on her.

[20] No one but a burgess may buy webs [woven fabrics just taken offthe loom] to dye, nor make nor cut them.

[21] A burgess may give and sell his land and go whither he will freelyand 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 couldcarry about 300 people. Navigation was by simple charts that includedwind direction for different seasons and the direction of north. Thedirection of the ship could be generally determined when the sky wasclear by the position of the sun during the day or the north starduring the night.

Plays about miracles wrought by holy men or saints or thesufferings and fortitude of martyrs were performed, usually at thegreat church festivals. Most nobles could read, though writing wasstill a specialized craft. There were books on animals, plants, andstones. 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 stressedArthur as a hero and went as follows: Arthur became king at age 15. Hehad an inborn goodness and generosity as well as courage. He and hisknights won battles against foreign settlers and neighboring clans.Once, he and his men surrounded a camp of foreigners until they gave uptheir gold and silver rather than starve. Arthur married Guenevere andestablished a court and retinue. Leaving Britain in the charge of hisnephew Modred, he fought battles on the continent for land to give tohis noblemen who did him service in his household and fought with him.When Arthur returned to Britain, he made battle with his nephew Modredwho had crowned himself King. Arthur's knight Gawain, the son of hissister, and the enemy Modred were killed and Arthur was severelywounded. Arthur told his kinsman Constantine to rule Britain as king inhis 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 certainselected household servants of the King. The Exchequer became aseparate body. The payments in kind, such as grain or manual services,from the royal demesnes had been turned into money payments. The greatbarons made their payments directly to the Exchequer. The income fromroyal estates was received by the Exchequer and then commingled withthe 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 halfshowing the notches. The Exchequer was the great school for trainingstatesmen, justices, and bishops. The Chancellor managed the domesticmatters of the Crown's castles and lands. The great offices of statewere sold for thousands of pounds, which caused their holders to be ontheir best behavior for fear of losing their money by being dischargedfrom office. One chancellor paid Henry about 3000 pounds for theoffice. Henry brought sheriffs under his strict control, free frominfluence by the barons. He maintained order with a strong hand, butwas no more severe than his security demanded.

Forests were still retained by Kings for their hunting of boarsand stags. A master forester maintained them. The boundaries of theRoyal Forests were enlarged. They comprised almost one-third of thekingdom. Certain inhabitants thereof supplied the royal foresters withmeat and drink and received certain easem*nts and rights of commontherein. The forest law reached the extreme of severity and crueltyunder Henry I. Punishments given included blinding, emasculation, andexecution. 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 indebt 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 androbbery, but maintained William I's punishment of mutilation byblinding and severing of limbs for other offenses, for example, badmoney. He decreed in 1108 that false and bad money should be amended,so that he who was caught passing bad denarii should not escape byredeeming himself but should lose his eyes and members. And sincedenarii were often picked out, bent, broken, and refused, he decreedthat no denarius or obol, which he said were to be round, or even aquadrans, if it were whole, should be refused. (Money then reached ahigher level of perfection, which was maintained for the next century.)

Counterfeiting law required that "If any one be caught carryingfalse coin, the reeve shall give the bad money to the King however muchthere 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 Kingfor judgment, and the serjeants who took him shall have his clothes."

The forest law stated that: "he that doth hunt a wild beast anddoth make him pant, shall pay 10 shillings: If he be a freeman, then heshall pay double. If he be a bound man, he shall lose his skin." A"verderer" was responsible for enforcing this law, which also statedthat: "If anyone does offer force to a Verderer, if he be a freeman, heshall 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 doesoffend 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 burgesshas a gage [a valuable object held as security for carrying out anagreement] 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 isproved, the burgess may sell the gage before good witnesses for as muchas he can, and deduct his money from the sum. If any money is over heshall 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. asfine.

Judicial activity encouraged the recording of royal legislation inwriting which both looked to the past and attempted to set down lawcurrent in Henry's own day in the Leges Henrici Primi. This showed anawareness of the ideal of written law as a statement of judicialprinciples as well as of the practice of kingship. In this way,concepts of Roman law used by the Normans found their way into Englishlaw. The laws of Henry I in the Leges Henrici Primi have as subjectsjudicial procedure, proper judging, conduct of people involved inlitigation, litigation procedure, required witnesses, evidence,credibility, quotes from legal references, oaths, perjury, geographicaldivisions of England, court sessions and attendance, order of courtproceedings, adjournments, frankpledge, strangers, types of causes andtheir manner of hearing, royal jurisdiction, ecclesiastical pleas ofthe king, offenses, compensations, penalties, reliefs, the king'speace, forest pleas, exculpation, soke, jurisdiction of royal judges,the king's judges, summons, oathhelpers, transfer of cases, trials ofpleas, unjust judgments, sureties, lords who sue, accusations, courtprocedure, pleadings, postponements, record of proceedings, failure toappear, counsel, summoning the hundred, summoning the county court,distraints, partners of common property, rights of jurisdiction of alord over his man, holdings in farm, disputes between neighbors, trialby battle, slaves, pleas between a lord's reeve and those who aresubject to him, suits by royal judges, wergelds, murdrum fine, lettinggo of a thief, slaying of or by a cleric, confessions, men of illrepute, ordeals, compensations, bondmen, intent, inheritance, dowries,homicide by magicians, definition of homicide, killing one's lord,foreigners, debtors, illegitimacy, foundlings, the king's peace,homicide in the king's court, royal highways, self-defense, drinkingassemblies, mutual enemies, leading into wrong-doing, lent arms,marauders, weapons, killing a relative, pledge, negligence, and woundsto body parts.A sampling of the laws of Henry I follows: "These are the jurisdictional rights which the king of England has inhis land solely and over all men, reserved through a proper ordering ofpeace and security: breach of the king's peace given by his hand orwrit; Danegeld; the pleas of contempt of his writs or commands; thedeath or injury of his servants wherever occurring; breach of fealtyand treason; any contempt or slander of him; fortifications consistingof three walls; outlawry; theft punishable by death; murdrum;counterfeiting his coinage; arson; hamsocn [breach of the right ofsecurity and privacy in a man's house by forcible entry into it];forestel [attacking an enemy unexpectedly or lying in wait for him onthe road and attacking him] passenger on the king's highway]; fyrding[action regarding the military array or land force of the wholecountry]; flymenfyrm [the reception or relief of a fugitive or outlaw];premeditated assault; robbery; stretbreche [destroying a road byclosing it off or diverting it or digging it up]; unlawfulappropriation of the king's land or money; treasure-trove; wreck of thesea; things cast up by the sea; rape; abduction; forests; the reliefsof barons; fighting in the king's dwelling or household; breach of thepeace in the king's troop; failure to perform burgbot [a contributionto the repair of castles or walls of defense, or of a borough]; orbrigbot [a tribute or contribution to the repair of bridges]; orfirdfare [a summoning forth to a military expedition]; receiving andmaintaining an excommunicated person or an outlaw; violation of theking's protection; flight in a military or naval battle; falsejudgment; failure of justice; violation of the king's law.""Some pleas cannot be compensated for with money; these are: husbreche[housebreaking or burglary], arson, manifest theft, palpable murder,treachery towards one's lord, and violation of the peace of the churchor the protection of the king through the commission of homicide.""Compensation is effected by the payment of one hundred shillings forthe following: grithbreche [breach of the peace], stretbreche,forestel, violation of the king's protection, hamsocn, and flymenfyrm."Hamsocn is an attack on a house and occurs if anyone assaults anotherin his own house or the house of someone else with a band of men orpursues him so that he hits the door or the house with arrows or stonesor produces a perceptible blow from any source. It also is committed ifanyone goes with premeditation to a house where he knows his enemy tobe and attacks him there, whether he does this by day or by night. Italso occurs if anyone pursues a person fleeing into a mill orsheephold. If in a court of house dissension has arisen and fightingfollows as well, and someone pursues another person fleeing into theother house, it shall be considered hamsocn if there are two roofsthere.The following place a man in the king's mercy: breach of his peacewhich he gives to anyone by his own hand; contempt of his writs andanything which slanders injuriously his own person or his commands;causing the death of his servants in a town or fortress or anywhereelse; breach of fealty and treason; contempt of him; construction offortifications without permission; the incurring of outlawry (anyonewho suffers this shall fall into the king's hand, and if he has anybocland [lands held by deed or other written evidence of title];manifest theft punishable by death."If any Englishman is slain without fault on his part, compensationshall be paid to his relatives according to this wergeld. Wite andmanbot shall be paid to the appropriate lords in accordance with theamount of the wergeld. Where a wergeld of 200s. is payable, then 30s.must be paid as manbot, which equals 5 mancuses; where the wergeld is1200s., that is, for a thegn, the manbot is 120s, which amounts to 20mancuses."For the oath of a thegn equals the oaths of six villeins; if he iskilled he is fully avenged by the slaying of six villeins and ifcompensation is paid for him, his wergeld is the wergeld for sixvilleins."Some freemen are 200 men, some 600 men, and others 1200 men. A 200 manhas a wergeld of 200s., which equal 4 pounds. A 1200 man is a person ofnoble rank, that is, a thegn, whose wergeld is 1200s., which equal 25pounds. His healsfang is 120s., which today equals 50s. (40 sheep areworth 20s., as is one horse.)Homicide by a magical potion or witchcraft or sorcery practiced withimages or by any kind of enchantment cannot be compensated. If thebewitched person does not die, but suffers some change of the skin ordemonstrable physical sickness, compensation shall be paid asprescribed by the ancient provisions of wise men, in accordance withthe circ*mstances."If anyone kills his lord, then if in his guilt he is seized, he shallin no manner redeem himself but shall be condemned to scalping ordisemboweling or to human punishment which in the end is so harsh thatwhile enduring the dreadful agonies of his tortures and the miseries ofhis vile manner of death he may appear to have yielded up his wretchedlife before in fact he has won an end to his sufferings, and so that hemay declare, if it were possible, that he had found more mercy in hellthan had been shown to him on earth.""If anyone kills his man without his having merited death, he shalljust the same pay compensation for him to his relatives according tothe amount of his wergeld, because the man was his to render service,not to be killed.""A person who breaks the king's peace which he confers on anyone withhis own hand shall, if he is seized, suffer the loss of his limbs.""If anyone has the king's peace given by the sheriff or other officialand a breach of it is committed against him, then this is a case ofgrithbreche and compensation of one hundred shillings shall be paid, ifsettlement can be effected by payment of compensation.""On whosoever's land a slaying takes place, the lord who has his rightsof soke and sake shall, if the slayer, when caught on the spot, isreleased on providing security or is detained after being charged,receive the fihtwite."If anyone is slain in an attack by a band of marauders, the slayershall pay the wergeld to the relatives, and manbot to the lord, and allwho were present shall pay hlothbot, that is to say, they shall paycompensation of 30s. for a 200 man, 60s. for a 600 man, and 120s. for a1200 man.In the case of every payment of wergeld for a slaying, two parts arethe responsibility of the paternal kindred, and one third part is theresponsibility of the maternal kin.If the kindred of a man who slays another abandons him and will not paycompensation for him, then all the kindred shall be free from the feudexcept the wrongdoer alone, if they thereafter provide him with neitherfood nor protection. "If a woman commits homicide, vengeance shall be taken against her orher descendants or her blood relatives (or she shall pay compensationfor it), not against her husband or his innocent household." Amendsshall nonetheless be made whether these things are done intentionallyor unintentionally. However, the possibility of a friendly settlementor of clemency is to be treated as the more likely or the more remotedepending on the degree of blame attaching to the person who has beenslain, and according to the circ*mstances. If a woman is slain,compensation is to be paid according to her wergeld, which is decidedby her paternal relationship. The manbot shall be determined by thestanding of the lord."Any person may aid his lord without incurring a wite if anyone attackshim, and may obey him in all lawful matters except in the case ofbreach of feudal loyalty, theft, murder, and similar offences, thecommission of which has in absolutely no way been permitted, and whichare branded as crimes by the laws." In the same way a lord must in theappropriate circ*mstances keep his man with advice as well as support,and may do so in all ways without penalty. "Anyone who fights in the king's dwelling shall forfeit his life.""If anyone commits the offence of blodwite [an amercement forbloodshed], fihtwite [a fine for making a quarrel to the disturbance ofthe peace], legerwite [fine for unlawful cohabitation], or anything ofthat nature, and he escapes from the scene without being obliged toprovide security for future appearance in court or without a chargebeing laid there, the jurisdiction at law belongs to his own lord."Infiht or insocna is the offense committed by those who are living incommunity in a house; this is compensated for by a payment of the witeto the head of the household, if he has jurisdiction over accuser andaccused.If anyone leaps to arms and disturbs the peace of a house, but does notstrike anyone, his liability is half the penalty.Compensation for wounds are as follows: on the head if both bones havebeen pierced 30s.; on the head if only the outer bone has been pierced15s.; a wound under the hair one inch long 5d., that is, 1s.; a woundin front of the hair 10d, that is 2s.; injury to the throat 12s.;injury on the neck causing a curvature or stiffness or a lastingdisability 100s. plus whatever has been paid out for medicaltreatment.; external injury to the hand 20s.; if half the hand fliesoff 60s.; rib broken but the skin remains whole 10s.; rib broken andthe skin is broken and the bone is drawn out 15s.; loss of any eye orhand or foot or tongue 66s.6d. and a third part of a penny; loss ofsight but with the eye remaining in the head 22s.2d.; wound on theshoulder if the person lives 80s.; shoulder wound so that the fluidfrom the joints runs out 30s.; shoulder maimed 20s.; an injury within ashoulder so that a bone is drawn out 15s.; arm broken above the elbow15s.; both bones in the arm broken 30s.; arm cut off below the elbow80s.; wound in the belly 30s.; pierced through the belly 20s. for eachopening; a thigh pierced or broken 30s.; shin struck off below the knee80s.; the shin broken 30s.; shin pierced below the knee 12s.; brokenshinbone 12s.; wound in the genitals so that there is loss of thecapacity to procreate 80s.; loins maimed 60s.; loins pierced through30s.; loins punctured 15s.; injury to the great sinews of another'slower leg if they recover through response to medical treatment 12s.;injury to the sinews which cauces lameness 30s.; injury to the smallsinews 6s.; striking a blow without causing blood to flow 5d. for eachblow up to a total of three blows, no matter how many blows areactually struck, for a total of 15d.; knocking out first teeth orincisors 8s.; canines or `cheek' teeth 4s.; molars 15s.; broken cheeks15s.; a thumb cut off 30s.; a thumbnail cut off 5s.; an index finger15s; an index fingernail 3s.; a middle or `unchaste' finger 121s; amiddle fingernail 2s.; a ring finger or `medical' finger 17s.; a ringfingernail 4s.; an `ear' finger 9s.; an `ear' fingernail 1s., that is5d.; the big toe cut off 20s.; the second toe 15s.; the third toe 9s.;the fourth toe 6s., the fifth toe 5s.; "If anyone suffers a wound, notinvolving the cutting off or maiming or breaking of a limb, on anuncovered and visible place (for example, in front of the hair or belowthe sleeve or beneath the knees), the compensation to be paid shall bedouble what would be due in the case of a wound inflicted on the headunder the hair or on the limbs beneath the clothes, that is, on aconcealed place." "Anyone who commits a theft, who betrays his lord, who deserts him ina hostile encounter or military engagement, who is defeated in trial bybattle or who commits a breach of the feudal bond shall forfeit hisland."In the case of stolen property worth more than 30d., the accused shallchoose which of the two he wishes, either the simple ordeal or an oathof the value of one pound with oath helpers taken from three hundreds."If anyone dares to dig up or despoil, in scandalous and criminalfashion, a body buried in the ground or in a coffin or a rock or apyramid or any structure, he shall be regarded as an outlaw." "If a person condemned to death wishes to confess, it shall never berefused him." "If anyone who is a father dies and leaves as son or daughter toinherit, they shall not maintain an action or submit to a courtjudgment before reaching fifteen years of age; but they shall remainseised, under guardians and trustees in the lawful custody of theirrelatives, just as their father was on the day when he was alive anddead.""If anyone dies without children, his father or mother shall succeed tothe inheritance, or his brother or sister, if neither father nor motheris living." If he does not possess these relatives, then his father'sor mother's sister, and thereafter relatives up to the fifth `joint',whoever are the nearest in relationship, shall succeed by the law ofinheritance. While the male line subsists, and the inheritance descendsfrom that side, a woman shall not succeed."The first born son shall have the father's ancestral fee' the lattershall give any purchases or subsequent acquisitions of his to whomeverhe pleases."If a person has bocland which his kinsmen have left him, he shall notdispose of it outside his kindred."If a wife survives her husband she shall have in permanent ownershipher dowry and her maritagium which had been settled on her by writtendocuments or in the presence of witnesses and her morning-gift and athird part of all their jointly acquired property in addition to herclothing and her bed.""If a woman dies without children, her blood relatives shall divide upher share with her husband."A man may fight against as person whom he finds with his wedded wife,after the second or third prohibition, behind closed doors or under theone covering, or with his daughter whom he begot on his wife, or withhis sister who was legitimately born, or with his mother who waslawfully wedded to his father.There is pecuniary compensation if a married woman commits fornicationand she is of the rank of ceorl or belongs to the 600s. class or the1200s. class, and physical mutilation has been prescribed for thosepersisting in the offence."Women who commit fornication and destroy their embryos, and those whoare accessories with them, so that they abort the foetus from the womb,are by an ancient ordinance excommunicated from the church untildeath." A milder provision has now been introduced: they shall dopenance for ten years."If anyone kills or while sleeping crushes another person's child whohas been entrusted to him for rearing or instruction, he shall paycompensation for him just as if he had killed an adult person."The county meetings shall be attended by the bishops, earls, sheriffs,deputies, hundredmen, aldermen, stewards, reeves, barons, vavassors[those who hold of a baron], village reeves, and the other lords oflands who shall with diligence see to it that failure to punishevildoers or the viciousness of officials or the corruption of judgesshall not destroy those suffering under their accustomed afflictions.Every cause shall be determined in the hundred court or county court orthe hallmoot of those who have soke or in the courts of feudal lords orin the boundary courts of feudal equals or as it pertains toestablished places for court proceedings."In the case of soke of pleas, some of these profits belong peculiarlyand exclusively to the royal treasury, some are shared by it withothers, some belong to the sheriffs and royal officials in their farm,and some belong to the lords who have soke and sake." "The king's judges shall be the barons of the county and those whohold free lands in the counties, by whom the causes and of individualsmust be dealt with by the presentation in turn of complaint anddefense."Anyone who violates or subverts the written law shall forfeit hiswergeld on the first occasion; on the second occasion the penalty istwice the wergeld; and anyone who ventures to do it a third time shalllose whatever he possesses. "Each person is to be judged by men who are of equal status and fromthe same district as himself.""No one of high status shall be condemned by the judgment of lessermen.""Whoever gives an unjust judgment shall forfeit one hundred and twentyshillings and shall lose his judicial authority unless he redeems itfrom the king."If there are contrary opinions among the judges in serious pleas, thedecision of the most substantial men and that with which the royaljustice has concurred shall prevail. "Some persons are slaves by birth, others become slaves subsequently;of the latter, some are enslaved by purchase, some by way ofsatisfaction for an offence, some give themselves in slavery or aregiven by another person, and some become slave by falling under anyother classifications, all of which we may wish nevertheless to beincluded in that one category of slavery, for which we propound thedescription `accident' - so that the position has been expressed inthis way: some are slaves by accident, others by birth." Church law provided that only consent between a man and womanwas necessary for marriage. There needn't be witnesses, ceremony, norconsummation. Consent could not be coerced. Penalties in marriageagreements 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. Personsrelated by blood within certain degrees, which changed over time, ofconsanguinity were forbidden to marry. This was the only ground forannulment of a marriage. A legal separation could be given foradultery, cruelty, or heresy. Annulment, but not separation, couldresult in remarriage. Fathers were usually ordered to provide somesustenance and support for their illegitimate children. The courtpunished infanticide and abortion. Counterfeiters of money, arsonists,and robbers of pilgrims and merchants were to be excommunicated. Churchsanctuary was to be given to fugitives of violent feuds until theycould be given a fair trial.

Judicial Procedure

Courts extant now are the Royal Court, the King's Court of theExchequer, county courts, and hundred courts, all of which were underthe control of the King. His appointed justices administered justice inthese courts on regular circuits. Instead of being the presidingofficial at the county court, the sheriff now only produced the properpeople and preserved order at the county courts and presided over thenonroyal pleas and hundred courts. He impaneled recognitors, madearrests, and enforced the decisions of the royal courts. Also there aremanor courts, borough courts, and ecclesiastical courts. In the manorcourts, the lord's reeve generally presided. The court consisted of thelord's vassals and declared the customs and law concerning suchoffenses as failure to perform services and trespass on manorial woods,meadow, and pasture.

The King's Royal Court heard issues concerning the Crown andbreaches of the King's peace, which included almost all criminalmatters: murder, robbery, rape, abduction, arson, treason, breach offealty, housebreaking, ambush, certain kinds of theft, premeditatedassault, and harboring outlaws or excommunicants. Henry personallypresided over hearings of important legal cases. He punished crimeseverely. He hanged homicides, exiled traitors, and frequenly used lossof hand and foot. In comparison, William had no one hanged, but usedemasculation and exoculation frequently. Offenders were brought tojustice not only by the complaint of an individual or local communityaction, but by official prosecutors. A prosecutor was now at trials aswell as a justice. Trial is still mostly by compurgation but trial bycombat was relatively common.

These offenses against the king placed merely personal propertyand sometimes land at the king's mercy. Thus the Crown increased therange of offenses subject to its jurisdiction and arrogated to itselfprofits from the penalties imposed. The death penalty could be imposedfor murder and replaced the old wergeld. But a murderer could be givenroyal pardon from the death penalty so that he could pay compensationto 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 slanderof the King, and violation of his protection or his law. It heard theseoffenses against royal authority: complaints of default of justice orunjust judgment, pleas of shipwrecks, coinage, treasure trove [moneyburied when danger approached], forest prerogatives, and control ofcastle building.

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

Henry began the use of writs to intervene in civil matters suchas inquiry by oath and recognition of rights as to land, theobligations of tenure, the legitimacy of heirs, and the enforcement oflocal justice. Writs were requested by people who wanted to come to theRoyal Court. The Royal Court used its superior coercive power toenforce the legal decisions of the county, hundred, and private courts.It also reviewed miscarriages of justice and unlawful procedures inthese courts. There was a vigorous interventionism in the land lawsubsequent to appeals to the king in landlord-tenant relations, broughtby a lord or by an undertenant. Assizes [those who sit together] oflocal people who knew relevant facts were put together to assist thecourt. Henry appointed some locally based justices. Also, he sentjustices from the Royal Court 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 sentwith these itinerant justices for use as precedent in these courts.Thus royal authority was brought into the localities and served tocheck baronial power over the common people. These itinerant justicesalso transacted the local business of the Exchequer in each county.Henry created the office of Chief Justiciar, which carried out judicialand administrative functions and could travel anywhere in the countryand make legal decisions in the king's name.

The Royal Court retained cases of gaol delivery [arrestedperson who had been held in gaol was delivered to the court] andamercements [discretionary money payments which took the place of theold wites]. It also decided cases in which the powers of the popularcourts had been exhausted or had failed to do justice. The Royal Courtalso decided land disputes between barons who were too strong to submitto the county courts.

The King's Court of the Exchequer reviewed the accounts ofsheriffs, including receipts and expenditures on the Crown's behalf aswell as sums due to the Treasury, located still at Winchester. Thesesums included rent from royal estates, the Danegeld land tax, the finesfrom local courts, and aid from baronial estates. Its records were the"Pipe Rolls", so named because sheets of parchment were fastened at thetop, each of which dropped into a roll at the bottom and so assumed theshape of a pipe.

The county and hundred courts assessed the personal property ofindividuals and their taxes due to the King. The county court decidedland disputes between people who had different barons as theirrespective 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, andwounding, for which the penalties could be exposure in the pillory orstocks. The pillory held an offender's head and hands in holes inboards, and the stocks held one's hands and feet. Here the public couldscorn and hit the offender or throw fruit, mud, and dead cats at him.For sex offenders and informers, stones were usually thrown. Sometimesa person was stoned to death. Damages in money replaced the old bots.The county courts met twice yearly. If an accused failed to appearafter four successive county courts, he was declared outlaw at thefifth and forfeited his civil rights and all his property. He could beslain by anyone at will.

The hundred court met once a month to hear neighborhooddisputes, for instance concerning pastures, meadows and harvests.Usually present was a priest, the reeve, four representative men, andsometimes the lord or his steward in his place. Sometimes the chiefpledges were present to represent all the men in their respectivefrankpledges. The bailiff presided over all these sessions except two,in which the sheriff presided over the full hundred court to take theview of frankpledge, which was required for those who did not have alord to answer for him.

The barons held court on their manors at a "hallmote" forissues arising between people living on the manor, such as badploughing on the lord's land or letting a cow get loose on the lord'sland, and land disputes. This court also made the decision of whether acertain person was a villein or freeman. The manor court took overissues which had once been heard in the vill or hundred court. Thebaron charged a fee for hearing a case and received any fines heimposed, which amounted to significant "profits of justice".

Boroughs held court on trading and marketing issues in theirtowns such as measures and weights, as well as issues between peoplewho lived in the borough. The borough court was presided over by areeve who was a burgess as well as a royal official.

Wealthy men could employ professional pleader-attorneys toadvise them and to speak for them in a court.

The ecclesiastical courts, until the time when Henry VIII tookover the church, dealt with family matters such as marriage,annulments, marriage portions and settlements of money or goods,legitimacy, undue wifebeating, child abuse, orphans, bigamy, adultery,incest, fornication, and separations between husband and wife. Therewere no divorces. They also dealt during this time with drunkenness,personal possessions, defamation, slander which did not cause materialloss (and therefore had no remedy in the temporal courts), libel,perjury, usury, mortuaries [the second best beast or fees at death],sacrilege, sorcery, witchcraft, blasphemy [speaking ill of God], heresy[a belief by a baptized person that is knowingly contrary to thedoctrine of the church], tithe payments, oblations for performing theEucharist including expenses for the bread and wine, church fees suchas for the clergy and the poor, simony [buying or sellingecclesiastical preferment or pardons], pensions, certain offenses onconsecrated ground, and breaches of promises under oath, e.g. to pay adebt, 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 apriest usually hearing a dying person's will as to the disposition ofhis goods and chattel when he made his last confession. So the churchcourt came to determine the validity of wills, interpret them, regulatetheir created testamentary executors, and determine the legatees. Italso came to determine intestate matters. It provided guardianship ofinfants during probate of their personal property. Trial was first bycompurgation, with oath-helpers swearing to or against the veracity ofthe alleged offender's oath.

The ecclesiastical court's penalties were intended to reform anddetermined on a case-by-case basis. The canon law of Christendom wasfollowed, without much change by the English church or nation. Apenitent who was sincerely contrite was first expected to confess hissin to a priest, who gave him God's forgiveness. This removed the guiltof the sin and eternal punishment in hell. But then justice required a"satisfaction", which could be met in this world or in the next.Accordingly, the priest or ecclesiastical court then imposed a"penance", i.e. some act of a religious nature. Penance could includeconfession and public repentance of the sin before the parish, makingapologies and reparation to persons affected, public embarrassment suchas being dunked in water (e.g. for women scolds), walking a routebarefoot and clad only in one's underwear, whippings, extra work,fasting, vigils, prayers for help to live righteously, reading,meditation, solitary life, a diet of bread and water for a specifiedtime, fines, gifts to the church, alms to the poor, various kinds ofgood deeds, and imprisonment in a "penitentiary". For more serioussins, there could be a long fast, a diet of bread and water for anumber of years, or a distant pilgrimage, for instance to Rome orJerusalem. For those whose penance was incomplete at the time of theirdeath, there was a temporary state of purgatory wherein some sort ofsuffering fulflled the remaining debt. Souls in purgatory could beaided by the prayers of the faithful on earth. The truly penitent couldhope for the remission of all or part of their purgation by obtainingan indulgence from a higher authority than the priest.

The ultimate penalty of the church was excommunication, a socialostracism in which no one could give the person drink, food, or shelterand he could speak only to his spouse and servants. Excommunicationincluded denial of the sacraments of baptism, penance, mass [lord'ssupper}, and extreme unction [prayers for spiritual healing] at death;which were necessary for salvation of the soul; and the sacrament ofconfirmation. A person could also be denied a Christian burial inconsecrated ground. However, the person could still marry and make awill. The purpose of excommunication was to restore the person tospiritual health rather than to punish him. Excommunication was usuallyimposed for failure to obey an order or for showing contempt of the lawor of the courts. It required a hearing and a written reason. Theking's court could order a recalcitrant excommunicant imprisoned untilhe satisfied the claims of the church. If this measure failed, it waspossible to turn the offender over to the state for punishment, e.g.for blasphemy or heresy. Blasphemy was thought to cause God's wrathexpressed in famine, pestilence, and earthquake and was usuallypunished by a fine or corporal punishment, e.g. perforation oramputation of the tongue. It was tacitly understood that the punishmentfor heresy was death by burning. There were no heresy cases up to 1400and few after that. The state usually assured itself the sentence wasjust before imposing it. The court of the rural dean was theecclesiastical parallel of the hundred court of secular jurisdictionand usually had the same land boundaries. The archdeacons, who had beenministers of the bishop in all parts of his diocese alike, were noweach assigned to one district, which usually had the same boundaries asthe county. Each bishop headed a diocese. Over the bishops were the twoArchbishops of Canterbury and of York.

The ecclesiastical court had one judge and no jury. Most casesdealt with offenses against the church, such as working on Sunday, andsexual mores. The court used teatimony and depositions of witnesses,oaths of the parties, confessions, physical and written evidence,presumptions of common knowledge, and inquests of impartial, sworn menwho made unanimous determinations. The accuser had to meet the burdenof proof. The accused could be required to answer questions under oath,thus giving evidence against himself. It was not necessary to have anaccuser; a judge could open a case based on public rumor. The judgemade a written decision that did not incude his reasoning. He read thedecision aloud in a public session of the court. If an accuseddisobeyed a court order to appear or to do penance, he could beexcommunicated.

Common law held that ecclesiastical courts could not give moneydamages. But costs were paid by the loser and included expenses ofproducing witnesses, writing of documents, and fees of lawyers. Anappeal could be made from the archdeacon to the bishop to themetropolitan to the Pope. Henry acknowledged occasional appellateauthority of the pope, but expected his clergy to elect bishops of hischoice.

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

In this lawsuit, King Henry I decided that since the abbots andmonks of Battle had proved before him that certain lands, belonging tothe manor of Alciston, are no possession of theirs, so they are to bequit of the services due there: " Henry, king of the English, to Ralph,bishop of Chichester, and all his ministers of Sussex, greeting. Knowthat as the abbot of Battle and the monks deraigned [proved] before methat they do not have those lands which you said they had, namely,Ovington, Coding ( in Hove), Batsford (in Warbleton), Daningawurde,Shuyswell ( in Etchingham), Boarzell ( in Ticehurst), Winenham,Wertesce, Brembreshoc and Seuredeswelle, which of old belonged toAlciston and contain seven hides of land of the fifty hides in Alcistonand its appurtenances, I order that they shall be free and quit on thisaccount and that none shall molest them any further, but concerningthese lands and these hides they shall be completely free and quit asconcerning lands which they do not have and of which they are notseised. I also order by royal authority that their manor calledAlciston, which my father gave to the church of Battle with other landsfor his soul, shall be so free and quit of shires and hundreds and allcustoms of land-service as my father himself held it most freely andquietly, and namely concerning the work on London Bridge and on thecastle of Pevensey. This I command upon my forfeiture. Witness: Williamde Pont de l'Arche. At Westbourne.

In this lawsuit, King Henry I ordered a bishop and sheriff toput another bishop in possession of certain churches according to theverdict of twelve men: " Henry, by God's grace, etc. to H(erbert),bishop of Norwich, and Robert the sheriff, greeting. I order that youlet Richard, bishop of London, have the churches of Blythburgh andStowe with all the customs that belong to them as twelve among thebetter men of the hundred will be able to swear and as I ordered in myother writ. And let this not be left undone because of my voyage toNormandy, and let him hold them in peace and honour with suit, soke,toll and team and infangthief and with all other customs, as ever anyof my predecessors most honourably and most quietly held them. Witness,etc."

In this lawsuit, King Henry I grants that an abbot shouldcontinue to have his mint after his moneyer suffered punishment likeall the others in England: "Henry, king of the English, to Everardbishop of Norwich, Robert fitz Walter and all his barons and lieges,French and English, of Suffolk, greeting. I grant that, justice havingbeen done to his moneyer as was done to the other moneyers of England,the abbot of St. Edmunds shall have in the vill of St. Edmunds hismint, moneyer and exchange as he used to have it before. Witnesses:(John), bishop of Lisieux, (Bernard), bishop of St. David's and Robertde Sigillo, At Rouen."

In this lawsuit, King Henry I held proven the ownership ofcertain wood and land: "Henry, king of the English, to the bishop ofLincoln and the sheriff and the barons and faithful, French andEnglish, of Bedfordshire, greeting. Know that Abbot Reginald of Ramseyhas deraigned in my court to the advantage of the church of Ramsey thewood of Crawley and the land pertaining to it against Simon deBeauchamp, about which they were in dispute, and the aforesaid abbotgave to Simon 20 marks of silver and two palfreys [riding horses] sothat Simon granted them to him out of goodwill and gave up his claim.And I will and firmly order that the aforesaid church of Ramsey shallhold that wood and the aforesaid land belonging to the wood well and inpeace, honourably and by perpetual right. Witnesses: bishop Roger ofSalisbury and bishop Alexander of Lincoln, King David of Scotland,Geoffrey the chancellor, Earl Robert of Leicester, Adam de Port, HughBigod, William d'Aubigny the butler, Geoffrey de Clinton, William ofd'Aubigny Brito."

Chapter 6

The Times: 1154-1215

King Henry II and Queen Eleanor, who was twelve years older,were both intelligent, educated, energetic, well-traveled, andexperienced in affairs of state. Henry was the first Norman king to befully literate and he learned Latin. He had many books and maintained aschool. Eleanor often served as regent during Henry's reign and thereigns of their two sons: Richard I, the Lion- Hearted, and John. Sheherself headed armies. Henry II was a modest, courteous, and patientman with an astonishing memory and strong personality. He wasindifferent to rank and impatient of pomp to the point of beingcareless about his appearance. He usually dressed in riding clothes andwas often unkempt. He was thrifty, but generous to the poor. He was anoutstanding legislator and administrator.

Henry II took the same coronation oath as Edward the Confessorregarding the church, laws, and justice. Not only did he confirm thecharter of his grandfather Henry I, but he revived and augmented thelaws and institutions of his grandfather and developed them to a newperfection. Almost all legal and fiscal institutions appear in theirfirst effective form during his reign. For instance, heinstitutionalized the assize for a specific function in judicialproceedings, whereas before it had been an ad hoc body used for variouspurposes. The term "assize" here means the sitting of a court orcouncil. It came to denote the decisions, enactments, or instructionsmade at such.

Henry's government practiced a strict economy and he neverexploited the growing wealth of the nation. He abhorred bloodshed andthe sacrifice of men's lives. So he strove diligently to keep thepeace, 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 theland from fair to fair. These fairs were usually held in the earlyfall, after harvesting and sheep shearing. Foreign merchants boughtwool cloth and hides. Frankpledge was revived, now applying to theunfree and villeins. No stranger could stay overnight (except for onenight 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 centralizedsystem of government that would survive him. He learned about thecounties' and villages' varying laws and customs. Then, using the modelof Roman law, he gave to English institutions that unity and systemwhich in their casual patchwork development had been lacking. Henry'sgovernment and courts forged permanent direct links between the kingand his subjects which cut through the feudal structure of lords andvassals.

He developed the methods and structure of government so thatthere was a great increase in the scope of administrative activitywithout a concurrent increase of personal power of the officials whodischarged it. The government was self-regulating, with methods ofaccounting 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 perfectedso that much which had previously required the King's personalattention was reduced to routine.

The royal household translated the royal will into action. Inthe early 1100s, there had been very little machinery of centralgovernment that was not closely associated with the royal household.There was a Chief Justiciar for legal matters and a Treasurer. Royalgovernment was largely built upon what had once been purely domesticoffices. Kings had called upon their chaplains to pen letters for them.By Henry II's reign, the Chancery was a highly efficient writing officethrough which the King's will was expressed in a flow of writs, and theChancellor an important and highly rewarded official, but he was stillresponsible for organizing the services in the royal chapel. Similarly,the chamberlains ran the household's financial departments. Theyarranged to have money brought in from a convenient castle treasury,collected money from sheriffs or the King's debtors, arranged loanswith the usurers, and supervised the spending of it. It was spent fordaily domestic needs, the King's almsgiving, and the mounting of amilitary campaign. But they were still responsible for personalattendance upon the king in his privy chamber, taking care of hisvaluable furs, jewels, and documents, and changing his bed linens.There were four other departments of the household. The stewardpresided over the hall and kitchens and was responsible for supplyingthe household and guests with food supplies. The butler had duties inthe hall and cellars and was responsible for the supply of wine andale. The marshall arranged lodgings for the King's court as it movedabout from palaces to hunting lodges, arranged the pay of the householdservants, and supervised the work of ushers, watchmen, fire tenders,messengers and huntsmen. The constable organized the bodyguard andescorts, arranged for the supply of castles, and mustered the royalarmy. The offices of steward, constable, chamberlain, butler werebecoming confined to the household and hereditary. The Justiciar,Chancellor, and Treasurer are becoming purely state offices. They weresimply sold or rented, until public pressure resulted in a requirementof ability.

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

Henry brought order and unity by making the King's Royal Courtthe common court of the land. Its purpose was to guard the King's peaceby protecting all people of free status throughout the nation andcorrect the disparity in punishments given by local courts. Thedoctrine of felony developed, with punishment by death relacing the oldwites. Heretofore, the scope of the King's peace had varied to cover aslittle as the King's presence, his land, and his highway. The royaldemesne had shrunk to about 5% of the land. The Common Law for all thenation was established by example of the King's Royal Court. Henryerected a basic, rational framework for legal processes which drew fromtradition but lent itself to continuous expansion and adaptation.

A system of writs originated well-defined actions in the royalcourts. Each court writ had to satisfy specific conditions for thiscourt to have jurisdiction over an action or event. This systemdetermined the Royal Court's jurisdiction over the church, lords, andsheriffs. It limited the jurisdiction of all other courts andsubordinated them to the Royal Court. Inquests into any misdeeds ofsheriffs were held, which could result in their dismissal.

Henry and Eleanor spoke many languages and liked discussinglaw, philosophy, and history. So they gathered wise and learned menabout them, who became known as courtiers, rather than people of socialrank. They lived in the great and strong Tower of London, which hadbeen extended beyond the original White Tower, as had other castles, sothat the whole castle and grounds were defended instead of just themain building. The Tower of London was in the custody of one of the twojusticiars. On the west were two strongly fortified castles surroundedby a high and deeply entrenched wall, which had seven double gates.Towers were spaced along the north wall and the Thames River flowedbelow the south wall. To the west was the city, where royal friends hadresidences with adjoining gardens near the royal palace at Westminster.The court was a center of culture as well as of government. The game ofbackgammon 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 amile inland. It had narrow twisting lanes, some with a ditch down themiddle for water runoff. Most of its houses were two stories, theground floor having booths and workshops, and the upper floor livingspace. Most of the houses were wooden structures. The richer merchants'and knights' houses were built of stone. Walls between houses had to bestone to a height of 16 feet and thatched roofs were banned becausethere had been many fires. There was poor compliance, but some roofswere tiled with red brick tiles. The population was about 40,000. Therewere over 126 churches for public worship, thirteen monasteries(including nunneries), and St. Paul's Cathedral. All were built ofstone. The churches gave a place of worship for every 300 inhabitantsand 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 of1175 prescribed that all marriages were to be performed by the church.A bare exchange of words was sufficient to constitute a marriage.Church law required a warning prior to suspension or excommunication.Monastic, cathedral, and parish schools taught young boys grammar sothey could sing and read in church services. Nuns taught girls. Fishbut no meat was eaten on Fridays. There was dark rye bread andexpensive white wheat bread. Vegetables included onions, leeks, andcabbage. Fruits included apples, pears, plums, cherries, andstrawberries. Water was obtained from streams running through the townto the Thames and from springs. Only the rich, palaces, and churchescould afford beeswax candles; others had homemade tallow [cow or sheepfat] candles which smelled and gave off smoke. Most people washed theirbodies. Even the poor had beds and bed clothes. The beds were oftenshared. Few babies survived childhood. If a man reached 30, he couldexpect to live until age 50. Thousands of Londoners died during a hotsummer from fevers, plague and the like.

In London, bells heralded the start and finish of all organizedbusiness. The sellers of merchandise and hirers of labor weredistributed every morning into their several localities according totheir trade. Vendors, craftsmen, and laborers had their customaryplaces. Some vendors walked the streets announcing their wares forsale. There were craft guilds of bakers, butchers, cloth workers, andsaddlers, as well as of weavers. Vendors on the Thames River bank soldcooked 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 wassupported by a series of stone arches standing on small man-madeislands. It had such a width that a row of wood houses and a chapel wasbuilt on top of it. In the spring it was impassable by ships becausethe flow of water under it varied in height on either side of thebridge by several feet at half tide. The bridge had the effect ofslowing down the flow upstream, which invited wherries and rowboats andstately barges of the nobility. In winters in which it froze over,there was ice skating, ice boating, and fishing through holes in theice.

Outside each city gate were clusters of ragged buildings, smallmonasteries and hostelries, groups of huntsmen's kennels, and fencingschools. Outside one of the gates, a horse market was held every week.Horses wore horseshoes made of iron or of a crude steel. From thesouthwest gate of the city along the north river bank towardWestminster, there was a gradually extending line of rich men'smansions and bishops' palaces. On the southern bank of the Thames Riverwas growing the disorderly suburb of Southwark, with fishermen's andboatmens' hovels, and taverns and brothels that were frequented bydrunkards, rakes, and whor*s. On the north side of the city was a greatforest with fields and wells where students and other young men fromthe city took walks in the fresh evening air. In some fields, countryfolk sold pigs, cows, oxen and sheep. Mill wheels turned at variousstreams. Near London in the country was a glass factory. At sunset, thegates of London were closed for the night. All taverns had to beclosed, all lights put out, and all fires banked or covered when thebell of the church of St. Martin le Grand rang at 9:00 p.m. Anyonefound on the streets after this curfew could be arrested. Gangs ofyoung nobles or gangs of thieves, cutpurses, and looters roamed thestreets after dark and sometimes rioted. Offenders were often beheadedand their heads placed on spikes on London Bridge.

Men in London had begun weaving cloth, which formerly had beendone by women. Some of the cloth was exported. The weavers guild ofLondon received a charter by the King in 1155, the first granted to anyLondon craft: "Know that I have conceded to the Weavers of London tohold their guild in London with all the liberties and customs whichthey had in the time of King Henry [I], my grandfather; and that nonemay intermeddle with the craft within the city, nor in Southwark, norin other places pertaining to London except through them and except hebe in their guild, otherwise than was accustomed to be done in the timeof King Henry, my grandfather …So that each year they render thenceto me two marks of gold at the feast of St. Michael. And I forbid thatany shall do injury or contumely to them on this account under penaltyof 10 pounds [200s.]. Witness T[homas], Chancellor, and Warinus, son ofGerard, Chamberlain, at Winchester." The liberties obtained were: 1)The weavers may elect bailiffs to supervise the work of the craft, topunish defaulters, and to collect the ferm [amount owed to the King].The bailiffs were chosen from year to year and swore before the mayorof London to do and keep their office well and truly. 2) The bailiffsmay 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 theabove pleas, the guild may challenge that plea to bring it to the guildcourt. 4) If any member is behind in his share of the payment to theKing, the bailiffs may distrain his loom until he has paid this.

The weavers' guild punished members who used bad thread in theirweaving or did defective weaving by showing the default to the mayor,with opportunity for the workman to make entreaty, and the mayor andtwelve members of the guild then made a verdict of amercement of 1/2mark and the workman of the cloth was also punished by the guildbailiffs according to guild custom.The weavers' guild tradition ofbrotherliness among members meant that injury to a fellow weaverincurred a severe penalty. If a weaver stole or eloigned [removed themto a distance where they were unreachable] any other weaver's goodsfalsely and maliciously, then he was dismissed from the guild and hisloom was taken by the guild to fulfill his portion of the annualpayment to the King. The weavers were allowed to buy and to sell inLondon freely and quietly. They had all the rights of other freemen ofthe city.

Paying an annual payment freed the weavers from liability toinconsequent royal fines. Failure to make this payment promptly mighthave led to loss of the right, hence the rigorous penalty of distraintupon the looms of individual weavers who fell into arrears.

Thus from the middle of the 1100s, the weavers enjoyed themonopoly of their craft, rights of supervision which ensured a highstandard of workmanship, power to punish infractions of theirprivileges, and full control of their members. In this they stand asthe prototype of English medieval guilds. These rights represented thestandard which all bodies of craftsmen desired to attain. The right ofindependent jurisdiction was exceptional.

In Henry II's charter to London, London did not retain itsright to appoint its own sheriff and justice given by Henry I. London'schief magistrate was the mayor, who was appointed by the King, until1191. Then the mayor was elected yearly by the aldermen of the citywards and approved by the king. He was typically a rich prince chosenby the barons and chief merchants of London. The commoners had no voicein his selection, but they could still approve or disapprove of theactions of the city government at ward and folk motes. At certainperiods, a king asserted royal power over the selection of mayor andgovernance of the city. There were three ways to become a citizen ofLondon: being the son of a citizen, apprenticeship in a craft for sevenyears, and purchase of citizenship. London and Westminster growth ledto their replacing Winchester as the capital.

St. Barthomew infirmary was established in London for the careof sick pilgrims traveling to the shrine of Becket in Canterbury. Ithad been inspired by a monk who saw a vision of St. Barthomew tellinghim to build a church and an infirmary.

Trading was facilitated by the stabilization of the amount ofsilver metallic content of the English coinage, which was called"sterling" [strong] silver. The compass, a magnetic lodestone [leadingstone] needle mounted on a cork and floated in a bowl of water,assisted the navigation of ships. With it, one could tell the generaldirection of a ship when the skies were cloudy as well as clear. Andone could generally track one's route by using the direction and speedof travel to calculate one's new position. London became a majortrading center for foreign goods from many lands.

About 5% of the knights were literate. Wealthy men sent theirsons to school in monasteries to prepare them for a livelihood in aprofession or in trade or to the town of Oxford, whose individualscholars had migrated from Paris and had attracted disciples for a longtime. These schools grew up around St. Mary's Church, but had not beenstarted by the church as there was no cathedral school in Oxford.Oxford had started as a burh and had a royal residence and manytradesmen. It was given its basic charter in 1155 by the King. Thisconfirmed to it all the customs, laws and liberties [rights] as thoseenjoyed by London. It became a model charter for other towns.

Bachelors at Oxford studied the arts of grammar, rhetoric, andlogic, and then music, arithmetic, geometry, and astronomy, until theymastered their discipline and therefore were authorized to teach it.Teaching would then provide an income sufficient to support a wife. Themaster of arts was analogous to the master craftsman of a guild. From1190, the civil law was studied, and shortly thereafter, canon law.Later came the study of medicine. The use of paper supplemented the useof parchment for writing. Irregular edged paper was made from linen,cotton, straw, and/or wood beaten to a pulp and then spread out over awire mesh to dry.

Theologicians taught that the universe was made for the sakeand 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 tohim, swearing to bear him faith of the tenement held and to preservehis earthly honor in all things, saving the faith owed to the king.Homage was done for lands, for free tenements [including meadows,pastures, woods, and wastes], for services, and for rents preciselyfixed 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 doseveral homages to different lords for different fees, but there had tobe 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 atenement was given as a marriage portion, for a fee given in free alms,or until the third heir, either for free maritagium [a marriage portionof land which is given with a daughter in marriage, that is not boundto service and passes to the daughter's heirs in whatever way had beenstipulated by her family when the grant was made] or for the fee ofyounger sisters holding of the eldest. All fiefs to be inherited by theeldest son had to be intact. Every lord could exact fealty from hisservants.

In this era, the English national race and character wasformed. Only a few barons still had lands in Normandy. Stories of goodKing Arthur were popular and set ideals for behavior and justice in anotherwise barbaric age where force was supreme. His last battle inwhich he lay wounded and told a kinsman to rule in his place and upholdhis laws was written in poem ("Layamon's Brut"). Romantic stories werewritten and read in English. The custom of "bundling" was started byladies with their knights, who would lie together in bed withoutundressing and with one in a sack the top of which was tied around hisneck, as part of a romantic courtship. Wealthy men often gave theirdaughters dowries in case they were widowed. This might be matched by amarriage settlement by a prospective husband.

Intermarriage had destroyed any distinction of Normans by lookor speech alone, except for the Anglo-Saxon manor villeins, who workedthe farm land and composed about two-thirds of the population. Villeinswere 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 theequipment to farm, fish, make cheese, keep poultry, brew beer, hedge,and cut wood. Although the villeins could not buy their freedom or befreed by their lord, they became less numerous because of thepreference of landholders for tenants motivated to perform work bypotential loss of tenure. Also, the Crown's protection of all itssubjects in criminal matters blurred the distinction between free andunfree men.

The boroughs were dominated by lords of local manors, whousually had a house in the borough. Similarly, burgesses usually hadfarmland outside the borough. Many boroughs were granted, by the kingor manor lord, the right to have a common seal for the common businessof the town. Some boroughs were given the authority to confer freedomon the villein by enrolling him in their guild or allowing him to stayin the borough for a year and a day. The guilds met frequently in theirdrinking halls and drew up regulations for the management of theirtrade. Each borough was represented by twelve reputable burgesses. Eachvill was represented by a reeve and four reputable men. Certain townssponsored great seasonal fairs for special goods, such as cloth. About5% 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-axlewatermill. It was very useful in flat areas where streams were too slowfor a watermill unless a dam were built. But a dam often floodedagricultural 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 andsaddles), cordwainers (makers of leather goods such as shoes),pepperers, and goldsmiths were licensed by the King, for which theypaid him a yearly fee. There were also five Bridge Guilds (probablyraising money for the future construction of London Bridge in stone)and St. Lazarus' Guild. The wealthy guilds, which included thegoldsmiths, the pepperers, and three bridge guilds had landholdingmembers who had been thegns or knights and now became a class of royalofficials: the King's minters, his chamberlain, his takers of wines,his collectors of taxes. The weavers of Oxford paid 27s. [two marks] tohave a guild. The shoemakers paid 67s. [five marks].

In 1212, master carpenters, masons, and tilers made 3d. perday, their servers (the journeymen of a later time) made 1 1/2 d., freestone carvers 2 1/2 d., plasterers and daubers, diggers and sieversless. 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 andorder that the monks of the Holy Trinity of Canterbury shall have fullyall those liberties and customs in Sandwich which they had in the timeof King Henry my grandfather, as it was adjudged in pursuance of hiscommand 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 tolland all maritime customs in the same port, on either side of the waterfrom 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 yecause the aforesaid monks to have all their customs both in the portand in the town of Sandwich, and I forbid any from vexing them on thisaccount.And they shall have my firm peace."

Henry gave this charter to the town of Bristol in 1164: "Knowye, that I have granted to my burgesses of Bristol, that they shall bequit both of toll [a reasonable sum of money or portion of the thingsold, due to the owner of the fair or market on the sale of thingstollable therein. It was claimed by the lord of the fee where the fairor market was held, by virtue of a grant from the Crown eitherostensible or presumed] and passage [money paid for crossing a river orfor crossing the sea as might be due to the Crown] and all custom[customary payments] throughout my whole land of England, Normandy, andWales, wherever they shall come, they and their goods. Wherefore I willand strictly command, that they shall have all their liberties andacquittances and free customs fully and honorable, as my free andfaithful men, and that they shall be quit of toll and passage and ofevery other customs: and I forbid any one to disturb them on thisaccount contrary to this my charter, on forfeiture of ten pounds[200s.]."

John, when he was an earl and before he became King, grantedthese liberties to Bristol about 1188:

1) -No burgess may sue or be sued out of Bristol.

2) -The burgesses are excused from the murdrum fine.

3) -No burgess may wage duel [trial by combat], unless sued for deathof a stranger.

4) -No one may take possession of a lodging house by assignment or bylivery of the Marshall of the Earl of Gloucester against the will ofthe burgesses (so that the town would not be responsible for the goodbehavior of a stranger lodging in the town without first accepting thepossessor of the lodging house).

5) -No one shall be condemned in a matter of money, unless -accordingto 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 anddebts throughout my whole land, [from] whoever owes them [anything].

9) -With regard to debts which have been lent in Bristol, and mortgagesthere made, pleas shall be held in the town according to the custom ofthe town.

10) If any one in any other place in my land shall take toll of the menof Bristol, if he does not restore it after he is required to, thePrepositor of Bristol may take from him a distress at - - Bristol, andforce him to restore it.

11) No stranger tradesman may buy within the town from a man who is astranger, leather, grain, or wool, but only from a burgess.

12) No stranger may have a shop, including one for selling wine, unlessin 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 purposeof selling his goods, but for forty days.

14) No burgess may be confined or distrained any where else within myland or power for any debt, unless he is a debtor or surety (to avoid aperson owed a debt from distraining another person of the town of thedebtor).

15) They shall be able to marry themselves, their sons, their daughtersand their widows, without the license of their lords. (A lord had theright of preventing his tenants and their families from marryingwithout his consent.)

16) No one of their lords shall have the wardship or the disposal oftheir sons or daughters on account of their lands out of the town, butonly 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 doneby 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 ofale, payable by the townsmen to the constable for the use of thecastle] unless for the use of the lord Earl, and that according to thecustom 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 theyhad them in the time of Robert and his son William [John's wife'sgrandfather and father, who were earls of Gloucester when the town andcastle of Bristol were part of the honor of Gloucester].

21) No burgess may be compelled to bail any man, unless he himselfchooses 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 orelsewhere to be held in free burgage [tenant to pay only certain fixedservices or payments to his lord, but not military service (like freesocage)]. We have granted also that any of them may make improvementsas much as he can in erecting buildings anywhere on the bank andelsewhere, as long as the borough and town are not damaged thereby.Also, they shall have and possess all waste land and void grounds andplaces, 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 confirmedto my burgesses of Newcastle upon Tyne, and to all their things whichthey can assure to be their own, acquittance from toll and passage andpontage and from the Hanse and from all other customs throughout all myland. And I prohibit all persons from vexing or disturbing them thereinupon forfeiture to me."

We grant to our upright men on Newcastle-on-Tyne and their heirs ourtown of Newcastle-on-Tyne with all its appurtenances at fee farm for100 pounds to be rendered yearly to us and our heirs at our Exchequerby their own hand at the two terms, to wit, at Easter 50 pounds and atMichaelmas 50 pounds, saving to us our rents and prizes and assizes inthe port of the same town.

Ranulph, earl of Chester, made grants to his burgesses ofCoventry by this charter: "That the aforesaid burgesses and their heirsmay well and honorably quietly and in free burgage hold of me and myheirs as ever in the time of my father and others of my ancestors theyhave held better more firmly and freer. In the second place I grant tothem all the free and good laws which the burgesses of Lincoln havebetter and freer. I prohibit and forbid my constables to draw them intothe castle to plead for any cause, but they may freely have theirportimote [leet court] in which all pleas belonging to me and them maybe justly treated of. Moreover they may choose from themselves one toact for me whom I approve, who a justice under me and over them mayknow the laws and customs, and keep them to my counsel in all thingsreasonable, every excuse put away, and may faithfully perform to me myrights. If any one happen to fall into my amercement he may bereasonably fined by my bailiff and the faithful burgesses of the court.Furthermore, whatever merchants they have brought with them for theimprovement of the town, I command that they have peace, and that nonedo them injury or unjustly send them into court. But if any foreignmerchant shall have done anything improper in the town that same may beregulated in the portimote before the aforesaid justice without a suitat 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 Chestergranted to them, namely, that the same burgesses may well and honorablyhold in free burgage, as ever in the time of the father of thebeforesaid earl, or other of his ancestors, they may have better ormore firmly held; and they may have all the laws and customs which thecitizens of Lincoln have better and freer (e.g. their merchant guilds);all men brought to trade may be subject to the guild customs and assizeof the town; those who lawfully hold land in the town for a year and aday without question and are able to prove that an accuser has been inthe kingdom within the year without finding fault with them, fromthence may hold the land well and in peace without pleading; those whohave remained in the town a year and a day without question, and havesubmitted to the customs of the town and the citizens of the town areable to show through the laws and customs of the town that the accuserstood forth in the kingdom, and not a fault is found of them, then theymay remain in peace in the town without question]; and that theconstable of the aforesaid earl shall not bring them into the castle toplead in any case. But they may freely have their own portmanmote inwhich all pleas appertaining to the earl and to them may be justlytreated of. Moreover they may choose one from themselves to act for theearl, whom I approve, who may be a justice under the earl and overthem, and who to the earl may faithfully perform his rights, and ifanyone happen to fall into the earl's forfeiture he shall be acquit for12 pence. If by the testimony of his neighbors he cannot pay 12 pencecoins, by their advice it shall be so settled as he is able to pay, andbesides, with other acquittances, that the burgesses shall not provideanything in corody [allowance in food] or otherwise whether for thesaid earl or his men, unless upon condition that their chattels shallbe safe, and so rendered to them. Furthermore, whatever merchants theyhave brought with them for the improvement of the town they may havepeace, and none shall do them injury or unjustly send them into suit atlaw. But if any foreign merchant has done anything improper in the townthat shall be amended [or tried] in the portmanmote before theaforesaid justice without a suit. And they who may be newcomers intothe town, from the day on which they began to build in the town for thespace of two years shall be acquit of all charges.

Mercantile privileges were granted to the shoemakers in Oxfordthus: "Know ye that I have granted and confirmed to the corvesars ofOxford all the liberties and customs which they had in the time of KingHenry my grandfather, and that they have their guild, so that nonecarry 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 townof Oxford shall be of the same guild and shall have the same libertiesand customs which the corvesars have and ought to have. For this grantand confirmation, however, the corvesars and cordwainers ought to payme every year an ounce of gold."

A guild merchant for wool dominated and regulated the wooltrade in many boroughs. In Leicester, only guildsmen were permitted tobuy and sell wool wholesale to whom they pleased or to wash their fellsin borough waters. Certain properties, such as those near runningwater, essential to the manufacture of wool were maintained for the useof guild members. The waterwheel was a technological advance replacinghuman labor whereby the cloth was fulled. The waterwheel turned a shaftwhich lifted hammers to pound the wet cloth in a trough. Wool packersand washers could work only for guild members. The guild fixed wages,for instance to wool wrappers and flock pullers. Strangers who broughtwool to the town for sale could sell only to guild members. A guildsmancould not sell wool retail to strangers nor go into partnership with aman outside the guild. Each guild member had to swear the guildsman'soath, pay an entrance fee, and subject himself to the judgment of theguild in the guild court, which could fine or suspend a man frompracticing his trade for a year. The advantages of guild membershipextended beyond profit in the wool trade. Members were free from thetolls that strangers paid. They alone were free to sell certain goodsretail. They had the right to share in any bargain made in the presenceof a guildsman, whether the transaction took place in Leicester or in adistant market. In the general interest, the guild forbade the use offalse weights and measures and the production of shoddy goods. Itmaintained a wool beam for weighing wool. It also forbade middlemenfrom profiting at the expense of the public. For instance, butchers'wives were forbidden from buying meat to sell again in the same marketunless they cooked it. The moneys due to the king from the guilds of atown were collected by the town reeve.

When the king wanted to raise an army, he summoned his majorbaron tenants-in-chief, who commanded their own armed dependentvassals, and he directed the sheriffs to command the minortenants-in-chief and supply them with equipment. A baron could assemblean army in a day, but might use it to resist any perceivedmisgovernment by a king. Armed conflict did not interfere much withdaily life because the national wealth was still composed mostly offlocks and herds and simple buildings. Machinery, furniture, and thestock of shops were still sparse. Life would be back to normal within aweek.

Henry wanted to check this power of the barons. So he took overor demolished their adulterine castles and restored the fyrd, which wasa military draft of every freeman to serve in defense of the realm. Atthe King's call, barons were to appear in mail suit and helmet withsword and horse, knights and freeholders with 213s.[16 marks] of rentor chattels in coat of mail with shield and lance, freeholders of133s.[10 marks] with lance and hauberk [coat of armor] and ironheadpiece, burgesses and poorer freemen with lance and headpiece andwambais, and such as millers with pike and leather shirt. The spiritualand other baronies paid a commutation for personal service, called"scutage", at the rate of 27s. per knight's fee. Barons and knightspaid according to their knight's fee a scutage ranging from 10s. to27s. As of 1181, the military obligations of villeins were defined. Themaster of a household was responsible for every villein in hishousehold. Others had to form groups of ten and swear obedience to thechief of the group. The sheriff was responsible for maintaining listsof men liable for military service and procuring supplies. Thisnational militia could be used to maintain the peace. The sheriff couldcall upon the military array of the county as a "posse comitatus" totake a band of thieves into custody or to quell disorder. For foreignwars, Henry decided to use a mercenary army and a mercenary fleet.

However, the nobility who were on the borders of the realm hadto maintain their private armies for frequent border clashes. The othernobility now tended towards tournaments with mock foot battles betweentwo sides. Although subject to knightly rules, serious injury and deathoften resulted. For this reason, the church opposed them, butunsuccessfully.

New taxes replaced the Danegeld tax. Freeholders of land paidtaxes according to their ploughable land ("hidage", by the hide, andlater "carucage", by the smaller Norman carucate). The smaller measurecurtailed estates and increased taxation. It was assessed from 2-5s.per carcuate [100 acres] and collected for the king by knights withlittle or no remuneration, and later by inquest of neighbors. The townsand demesne lands of the crown paid a tax based on their produce thatwas collected by the itinerant justices. Merchants were taxed on theirpersonal property, which was determined by an inquest of neighbors.Clergy were also taxed. This new system of taxation increased the royalincome 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. Atthe end of Henry's reign, his treasure was over 900,000 pounds. Everyhide of land paid the sheriff 2s. annually for his services in theadministration and defense of the county.

Barons and their tenants and subtenants were offered analternative of paying shield money ["scutage"] of 26s.8d. per fee incommutation for and instead of military service for their fiefs. Thisenabled Henry to hire soldiers who would be more directly under his owncontrol 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, orcollege gave their officers and servants allowances of provisions andclothing called "liveries". The officer of such departments as thebuttery [cellar storing butts of wine], the kitchen, the napery [forlinen cloth], and the chandlery had his fixed allowances for every dayand his livery of clothing at fixed times of the year or intervals ofyears.

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 thecellarer render account of 7 pounds 12s.11d. for arrears of theprevious year. They paid and are quit. And of 3 pounds 2s.2d. forlandgafol. And of 12d. by increment of tax for a park which William ofWitherington held for nothing. And of 2s.6d. by increment of tax forhalf a virgate of land which James Oisel held without service. And of19s. for 19 assize pleas in the new market. And of 10s. by increment oftax for 10 other assize pleas in the market this year. Sum of the wholetax 36 pounds 14s.8d. In quittance of one reeve, 5s. In quittance forrepairing the bridge, 5s.; of one forester, 4s.; of two haywards fromDownton and Wick, 4s.; of one hayward from Witherington, 20d.; offourteen drivers from Downton, Wick, and Nunton, for the year, 28s.; oftwo drivers from Witherington for the year, 4s.4d.; of two drivers forhalf 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 thequittances, 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 thesame 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 standingcorn [growing crops of grain], purchases, and cheeses, 20 pounds16s.10d. To the same for wool, 6 pounds 13s.4d. by one tally. To thesame 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 theyear, 32s.10d. For shoeing of 2 plough horses for the year, 2s.8d. Forwheels for carts, 2s.9d. For 6 carts made over, 12d. before the arrivalof the carpenter. For wages of the smith for the year, 8s.6d. For onecart bound in iron bought new, 5s.7d. For wheels purchased for one cartto haul dung, 12d. For leather harness and trappings, iron links,plates, halters, 14d. For purchase of 2 ropes, 3d. For purchase of 2sacks, 8d. For purchase of 5 locks for the granary, 11d. For making 2gates for the sheepfold, 2s. For one gate for the farm yard, 12d. Foran ax and tallow purchased and for repairing the spindles of the millfor the year, 6s.10d. For one millstone purchased for the mill 24s. Formaking one gate near the mill, 12d. For meat prepared in the larder,3s. For beer bought for cleaning carcasses, 2s.1d. For digging 158perches of land around the pasture in the marsh, 32s.11d.; for eachperch 2d.1ob. For the dovecote newly made, 22s.11d.1ob. For cutting 100thick planks for flooring both dispensary and butlery, 6s.3d. For nailsor pegs bought for planking beyond the cellar, 16d. For enclosing thegarden 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 quartersof wheat at Mardon for seed, 5s. For winnowing the same, 7d. Forwinnowing 36 quarters of grain for seed, 3s.9d. For threshing 192quarters of grain 32s.; for each quarter 2d. For threshing 20 quartersof mixed corn [grain], 2s.6d. For threshing 42 quarters of barley,3s.6d. For threshing 53 quarters of oats, 2s.2d.1ob. For hauling gravelto the bridge and causeway, 4d. For cost of dairy, viz., 3 tines ofsalt, 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. Forwages of one dairy woman, 2s.6d. For payment of mowers of the meadow atNunton, 6d. For 8 sheep purchased, 8s. For wages of one neatherd fromNunton, 12d. For carrying 2 casks of wine by Walter Locard, in the timeof Martinmas, 8s.2d. For the carrying of 2 casks of wine fromSouthampton to Downton by the seneschal, 3s.6d. at the feast of St.Lawrence. For digging 22 perches in the farmyard, 6s.5d.; for eachperch 3d.1ob. For allowance of food of Robert of Lurdon, who was sickfor 21 days, with his man, 5s.3d. For allowance of food to Sewal whowas caring for 2 horses of the lord bishop for 3 weeks, 21d. Forallowance of food for Roger Walselin, for the two times he made giftsto the lord king at Clarendon, 4s.9d. by two tallies. For allowance offood of Master Robert Basset, for 3 journeys, 9s.3d.1ob. For livery ofWilliam FitzGilbert, 60s.10d. For 30 ells of canvas purchased forlaying over the wool, and 2 cushions prepared for the court, 5s. For 8sheep purchased, with lambs, 8s. Sum: 2 pounds.23d. Sum of livery andexpenses: 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 quartersand 1 strike from all the produce of grain; and of 24 quarters broughtfrom Mardon. Sum: 245 and a half quarters and 1 strike. For sowing 351acres, 127 quarters. For bread for the lord bishop, 18 and a halfquarters delivered to John de Dispensa by three tallies. For thebalance sold, 110 quarters and 1 strike. The same render account of 38and a half quarters from all the produce of small corn [grain]. For thebalance sold, all. The same render account of 29 quarters and 1 strikefrom all the produce of mixed corn [grain]. For seeding 156 acres, 53quarters and 1 strike. For bread for 3 autumnal works, 9 quarters. Forthe balance sold, 27 quarters. The same render account of 178 and ahalf quarters from all the produce of barley. For sowing 102 and a halfacres, 49 and a half quarters. For payment for carts, 1 quarter. Forpayment for hauling dung, 2 quarters. For allowance of food of twocarters, one carpenter, one neatherd, one dairy woman, for the year, 32and a half quarters. For feeding hogs in the winter, 2 quarters. Forthe balance sold, 91 and a half quarters. It is quit.

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

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

Beasts of Burden: The same render account of 104 oxen remaining fromthe previous year. And of 2 yoked from useless animals. And of 1 fromthe will of Robert Copp. And of 17 purchased. Sum: 124. Of living onessold, 12. Of dead, 21. Sum: 33. And there remain 91 oxen. The samerender 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 7heifers and 2 steers remaining from the previous year. In yoked cows, 7heifers. In yoked oxen, 2 bulls. Sum: 9.

The same render account of 12 yearlings remaining from the previousyear. 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, becausethe rest were sterile. In tithes, 1. There remain 12. The same renderaccount of 858 sheep remaining from the previous year. And of 47 sheepfor the payment of herbage, after birth, and before clipping. And of 8bought 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 thosedead 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 fromthe previous year. And of 163 wethers mixed with two-year- olds. And of16 rams from Lindsey, which came by brother Walter before shearing.Sum: 763. In living ones sold at the time of Martinmas, 27 wethers, 10rams. Paid to the men of Bishopton before shearing by writ of theseneschal, 20. By death, before shearing, 14. Sum: 71. And there remain692 sheep. The same render account of 322 old sheep remaining, withlambs from the previous year. By death before shearing, 22. And thereremain 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 because20 were sterile, and 30 aborted. In payment of the smith, 2; ofshepherds, 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 fromthe 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 11pondera.

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 previousyear. And of 19 small cheeses. And of 5 larger ones from the arrears ofthe previous year. And of 273 cheeses which were begun the 6th of Apriland finished on the feast of St. Michael, both days being counted. Andthey made cheeses two by two for 96 days, viz. from the 27th April tothe 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 ofthe 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 thebalance sold, 133 cheeses, which made 10 heads, from arrears of theprevious year. In the balance sold, 177 cheeses, which made 18 heads inthis year. In expenses of the lord king and lord bishop on the feastsof St. Leonard and St. Martin, 19 small cheeses, and 5 larger ones fromthe arrears of the previous year. And there remain 52 small cheeseswhich 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. Bydeath, 9. In those killed for the larder, 83. Sum: 95 pigs. And thereremain 58 pigs. Also 19 suckling pigs. Sum of the whole: 77 pigs.

The same render account of 48 chickens from arrears of the previousyear. And of 258 chickens for cheriset. Sum: 306. In expenses of thelord bishop on the feast of St. Martin, 36 by one tally. In expenses ofthe same on the feast of St. Leonard, 106, by one tally. In expenses ofthe 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 sucklingpigs, freed for the expenses of the lord king and bishop. From theLarder: The same freed for the expenses of the lord bishop meat of 2cows taken to Cranbourne.

The same render account of 13 sides of bacon, arrears of the previousyear. And of 5 oxen and 1 quarter of old beef from arrears of theprevious 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 14hogs from Harwell. And of 7 hogs from Knoyle. Sum: 203 hogs, and meatof 5 oxen and one quarter. In expenses of the lord bishop at the feastof St. Martin, 8 sides of bacon. In expenses of the same at the feastof St. Leonard, 17 sides of bacon, the meat of 5 oxen, and 1 quarter ofan ox. In expenses of the same on the morrow of the feast of the HolyCross, delivered to Nicolas the cook, 27 sides of bacon. In expenses ofthe lord bishop delivered to the same cook at Knoyle on the Saturdaybefore the feast of St. Michael, 15 sides of bacon. In expenses of thesame 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 thefeast of All Saints, half a side of bacon. In allowance of food to thesame on Wednesday and Thursday before Pentecost, 1 side of bacon. Inthose sent to Knoyle for autumnal work, 6 sides of bacon. In threeautumnal festivals at Downton, 9 and a half sides of bacon. Sum: 134sides 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, wasinterested in warfare. He spent most of his term on crusade to recoverJerusalem. For his expenses, he imposed a tax of one-tenth of rents andincome from personal property and goods. He also sold town charters,heiresses and heirs, widows, sheriffdoms, justiceships, earldoms, andlicenses for tournaments. In 1198, the bishop barons had refused to payfor a campaign of Richard's war in Normandy arguing that militaryservice was only due within the kingdom of England. When Richard wascaptured, every person in the realm was required to pay a part of hisransom of 100,000 pounds, which was double the whole revenue of thecrown. Aids, tallages, and carucage were imposed. The heaviest impostwas one-fourth of revenue or of goods from every person.The crusaders'contact with Arabs brought to England an expansion of trade, Arabhorses, and arabic numerals, which included "zero" and greatlyfacilitated arithmetic, which was very difficult with Roman numerals.The church decreed that those who went on these crusades would beremitted of their sins.

At the end of this period was the reign of King John, a shortman. After his mother Eleanor's death in 1204, John ruled without herinfluence. He had no conscience and his oaths were no good. He trustedand was trusted by no one. He had a huge appetite for money. He imposed2,000 pounds [3,000 marks] on London for confirmation of its charter.He imposed levies on the capital value of all personal property andgoods. It began the occasional subsidies called "tenths and fifteenths"from all people on incomes from movables: one-tenth from boroughs androyal demesne land, and one-fifteenth elsewhere. He sold the wardshipsof minors and the marriages of heiresses to the highest bidder, nomatter how base. He appointed unprincipled men to be both sheriff andjustice, enabling them to blackmail property holders with vexatiouswrits and false accusations. Writs were withheld or sold at exorbitantprices. Crushing penalties were imposed to increase the profits ofjustice. He asserted over fowls of the air the same exclusive right asover beasts of the forest. The story of Robin Hood portrays John'sattempt to gain the crown prematurely while Richard was on the Crusadesto recover Jerusalem for Christendom. In 1213, strong northern baronsrefused a royal demand for service in France or scutage, arguing thatthe amount was not within custom or otherwise justified. John hadprivate and public enemies. No one trusted him and he trusted no one.His heavy handed and arbitrary rule quickly alienated all sectors ofthe population: other barons, bishops, London, and the commons. Theyjoined the barons to pressure him to sign the Magna Carta, much ofwhich restated Henry II's work. Since John had extracted many heavyfines from barons by personally adjudging them blameworthy in disputeswith others, the barons wanted judgment by their peers under theestablished law of the courts. In arms, the barons forced John to signthe Magna Carta correcting his abuses.

The Law

During the 1100s and 1200s, changes took place with regard towills which gradually established a definite common law. They were: Theking's court condemns the post obit gift of land because it was rungfrom a man in the agony of dying when he had most probably lost hismemory and his reason, and it disappeared in the late 1100s, exceptfor burgage tenements. The primogeniture scheme for the descent of landhad been well established in the course of the 1100s and the concept ofa definite heir as appointed by God was now established. Heirship nowhas nothing to do with chattels. The church takes jurisdiction by 1200over succession of chattels and succession assumes a testamentarycharacter with witnesses and with an executor to carry out the deadman's will and pay his debts. A will only dealt with the dead man'spart of his chattels, the law providing parts for the wife andchildren. If there were both wife and children, the wife took one-thirdand the children, except for the heir, one-third and the man could willthe remaining third. If there is a wife but no child or a child but nowife, one half went to the surviving wife or children, except for theheir, and one-half was governed by the will. If there was no will,which was rare, the situation was unsettled, but usually the churchdistributed the remaining portion for the good of the dead man's soul.

By statute, no one, including the lord of a manor, may takeland from anyone else, for instance, by the customary process ofdistress, without a judgment from the Royal Court. This did not applyto London, where a landlord leasing or renting land could take distressin his fee.

No one, including the lord of a manor, shall deprive an heir ofthe land possessed by his father, i.e. his birthright.

A tenant may marry off a daughter unless his lord shows somejust cause for refusing to consent to the marriage. A tenant had to payan "aid" to his lord when the lord's daughter married, when the lord'sson was knighted, or when the lord's person was ransomed.

A man [or woman] may not will away his land, but he may sell itduring his lifetime.

The land of a knight or other tenant of a military fee isinherited by his eldest son. The socage land of a free sokeman goes byits ancient custom before the Norman Conquest.

If a man purchased land after his marriage, his wife's dower isstill one-third of the land he had when they married, or less if he hadendowed her with less. But he could then enlarge her dower to one-thirdof all of his lands. The same rule applied if the man had no land, butendowed his wife with chattel or money instead.

Dower law prevented a woman from selling her dower during thelife of her husband. But he could sell it or give it away. On hisdeath, its possessor had to give the widow the equivalent worth of theproperty.

A widower with a child born of the marriage had all his wife'slands by curtesy of the nation for his lifetime to the exclusion of herheirs.

The Capital Messuage [Chief Manor] could not be given in doweror divided, but went in its entirety to its heir.

Heirs were firstly sons, then daughters jointly, then grandsonsper stirpes, then granddaughters per stirpes, then brothers, and thensisters of the decedent. [By taking "per stirpes" instead of "percapita", a person's share goes to that person's heirs if that personpredeceases the ancestor-decedent.] Male heirs of land held by militaryservice or sons of knights who were under the age of twenty-one wereconsidered to be in custody of their lords. The lord had wardship overthe heir's land, excluding the third that was the widow's dower for herlife. He also had wardship over the heir's body or person and had theright to arrange the ward's marriage, which he did as early ass whenthe ward was age 6. Both wardships were lucrative and could be boughtand sold. The heir's guardian had to maintain the heir in a mannersuitable to his dignity and restore to him when he came of age hisinheritance in good condition discharged from debts. Otherwise the lordcould take the profits of the land. The guardianship was not fiduciary.The ward lived with his guardian and was taught to fight. When he cameof age, he did homage and fealty for the land. The mother did not havea right to the guardianship of a son who was an heir. Male heirs ofsokemen who were under the age of fifteen were in the custody of theirnearest kindred. The son of a burgess came of age when he could countmoney, measure cloth, and manage his father's concerns.

Female heirs remained in the custody of their lords until theymarried. The lord was bound to find a marriage for his ward when shebecame fourteen years of age and then deliver her inheritance to her.She could not marry without her lord's consent, because her husband wasexpected to be the lord's ally and to do homage to him. But if a femaleheir lost her virginity, her inheritance escheated to her lord. A womanwith property could not do homage because she could not performmilitary service, but she generally swore fealty. She could receivehomage from men.

Bastards were not heirs, even if their father married theirmother after birth.

Any adult inheriting land had to pay a "relief" to the lord ofthe land. For a knight's fee, this was 100s. For socage land, this wasone year's value. The amount for a barony depended upon the King'spleasure.

Heirs (but not widows) were bound to pay the debts of theirfathers and ancestors. A man who married a woman who had inherited landcould not sell this land without the consent of its heirs.

When a man dies, his wife shall take one-third and his heirsshall 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 nowill, all his chattels would escheat to his lord. Any distribution ofchattels would take place after all the decedent's debts were paid fromthe property.

A will required two witnesses. The testator could name anexecutor, but if he did not, the next of kin was the executor. A willcould not be made by a man on his death bed because he may well havelost his memory and reason. Also, he could not give to a younger son ifin so doing, he would deprive his lawful heir. But he could give amarriage gift to a daughter regardless of the lawful heir.

Usury was receiving back more than what was lent, such asinterest on a loan of money. When a usurer died, all his movables wentto the King.

A villein may not buy his own freedom (because all that he hasis his lord's), but may be set free by his lord or by someone else whobuys his freedom for him. He shall also be freed if the lord seducedhis wife, drew his blood, or refused to bail him either in a civil orcriminal action in which he was afterwards cleared. But a freed villeindid not have status to plead in court, even if he had been knighted. Ifhis free status were tried in court, only a freeman who was a witnessto his being set free could avail himself of trial by combat to decidethe issue. However, if the villein remained peacefully in a privilegedtown 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 upthe river on each side leaving a narrow outlet to net fish. All suchweirs shall be removed.

Judicial Procedure

Henry II wanted all freemen to be equally protected by onesystem of law and government. So he opened his court, the Royal Court,to all people of free tenure. A court of five justices professionallyexpert in the law (rather than earls and barons), traveled with theKing, and on points of difficulty consulted with him. Justices began tobe more than presiding officers; they, instead of the lay and clericaltenants-in-chief who attended, rendered the judgments. The chief courtwas in Westminster, where the weightiest decisions were made. Otherprofessional itinerant justices appeared periodically in all countiesof the nation to hear certain criminal and civil cases and to hearcitizens' private civil suits [common pleas]. They came to perform manyother tasks, including promulgating and enforcing new legislation,seeking out encroachments on royal rights, reviewing the localcommunities' and officials' performance of their public duties,imposing penalties for failure to do them or for corruption, gatheringinformation about outlaws and nonperformance of homage, and assessingfeudal escheats to the crown, wardships to which the king was entitled,royal advowsons, feudal aids owed to the King, tallages of theburgesses, and debts owed to the Jews. The decision-making of itinerantjustices on circuits begins the process which makes the custom of theRoyal Court the common law of the nation. The county courts, where thetraveling justices heard all manner of business in the counties,adopted the doctrines of the Royal Court, which then acquired anappellate jurisdiction. The itinerant justices came from the same smallgroup of royal justices who were on the Royal Court and the Exchequer,which was headed by the justiciar. Difficult cases were decided by theking and wise men of his council.

The Royal Court was chiefly concerned with 1) the dueregulation and supervision of the conduct of local government, 2) theownership 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]), and 3) the repression of serious crime, including homicide,mayhem [injuring a limb so as to make it useless], robbery, arson, andrape.

Henry was determined to protect lawful seisin of land andissued assizes giving the Royal Court authority to decide land lawissues 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 hegave protection to mere possession of land, which could be justifiedbecause possession was intimately associated with the maintenance ofthe king's peace. These assizes included issues of novel disseisin[recent ejectment] of a person's free tenement or of his common ofpasture which belonged to his freehold. By the assize of noveldisseisin, an ejected possessor could have a jury of recognitors decidewhether the ejectment had been just or not. Though the petty assize ofdisseisin only provided a swift preliminary action to protectpossession pending the lengthy and involved grand assize on the issueof which party had the more just claim or ultimate right of seisin, thelatter action was only infrequently invoked. The temptation of a strongman to seize a neighbor's land to reap its profits for a long timeuntil the neighbor could prove and enforce his right was deterred. Anysuch claim of recent dispossession [novel disseisin] had to be madewithin three years of the disseisin.

An example of a writ of novel disseisin is: The king to thesheriff, greeting. N has complained to me that R unjustly and without ajudgment has disseised him of his free tenement in [Houndsditch] sincemy last voyage to Normandy. Therefore I command you that, if N givesyou security for prosecuting his claim, you are to see that thechattels which were taken from the tenement are restored to it, andthat the tenement and the chattels remain in peace until Sunday afterEaster. And meanwhile you are to see that the tenement is viewed bytwelve free and lawful men of the neighborhood, and their namesendorsed on this writ. And summon them by good summoners to be beforeme or my justices on the Sunday after Easter, ready to make therecognition. And summon R. or his bailiff if he himself cannot befound, on the security of gage [something given as secuxrity forperformance] and reliable securities to be there then to hear therecognition. And have there the summoners, and this writ and the namesof the sureties. Witness etc.

Then an assize panel of recognition summoned concurrently withthe defendant and before he had pleaded, viewed the land in questionand answered, from their knowledge, these questions of fact: 1) Was theplaintiff disseised of the freehold in question, unjustly and withoutjudgment? 2) Did the defendant commit the disseisin? Testimony of awarrantor (or an attorney sent by him in his place) or a charter ofwarranty served to prove seisin by gift, sale, or exchange. Nopleadings were necessary and the action could proceed and judgmentgiven even without the presence of the defendant. The justices amercedthe losing party with a monetary penalty. A successful plaintiff mightbe 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 the assize of mort d'ancestor, an heir of atenant who died and who was refused the land by the lord could havethis refusal determined to be just or unjust. For this issue, the RoyalCourt used an similar assize panel of twelve men to decide whether theancestor was seised as of fee in his demesne, if the plaintiff was thenearest heir, and whether the ancestor had died, gone on a crusade butnot returned, or had become a monk. Then it could give possession tothe heir. Since about 1150, heiresses divided the land of their fatherif 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 thehusband's lord. If the heir was a minor, the guardian lord would be inactual control of the land. A national policy was implemented that inthe case of the death of a freeholder, the rights of the family, hiswill, and his debts were to be provided for before relief was paid tohis lord.

Eventually royal justices acquired authority to decide theultimate question of right to land using the grand assize as analternative to the traditional procedures which ended in trial bycombat. Issues of the ultimate right of seisin were brought to theRoyal Court by a contestant in a local court who "put himself [orherself] upon the King's grand assize". The assize consisted of twelveknights from the county or neighborhood who were elected by fourknights of the same county or neighborhood (selected by the sheriff orthe suitors) and who were known as truthful men and were likely topossess knowledge of the facts, either from personal seeing or hearing,or from statements which their fathers had made to them from theirpersonal knowledge. The avenue by which a person who felt he had nothad justice in the manor court on his claim for certain freehold landappealed to the king was by writ of right after the manor court'sdecision or by a writ praecipe during the manor court's proceeding. Anexample of a writ praecipe is: "The king to the sheriff greeting.Command [praecipe] N. to render to R. justly and without delay one hideof land in a certain vill, which the said R. complains that theaforesaid N. is withholding from him. If he does not do so, summon himby good summoners to be before me or my justices on the day after theoctaves of Easter, to show why he has not done so. And have thesummoners and this writ. Witness." When the parties appeared in court,the claimant states his suit such as: "I claim against this N. the feeof half a knight and two carucates of land in a certain vill as myright and my inheritance, of which my father (or grandfather) wasseized 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 atleast, in grain and hay and other profits; and this I am ready to proveby this freeman of mine, H., and if any evil befalls him them by thisother man or by this third man, who saw and heard it". Then thedefendant chose to deny the claim word for word with proof by combat orto put himself upon the grand assize of the king. If he chose trial bycombat, the parties or their champions fought. The party losing,usually by crying craven, had to pay a fine of 60s. If the grand assizewas chosen, the action was removed to the Royal Court. A writ of grandassize was issued as follows: "The king to the sheriff, greeting.Summon by good summoners the following twelve, namely, A. B. …, to bebefore me or my justices at a certain place on a certain day, ready todeclare on oath whether N. or R. has the greater right in one hide ofland (or other things claimed) which the aforesaid R. claims againstthe aforesaid N., who is tenant, and in respect of which the aforesaidN., who is tenant, has put himself upon my assize and has sought arecognition to determine which of them has the greater right in thethings claimed. And meanwhile the twelve shall view the land (ortenements [including meadows, pastures, woods, wastes, and rights ofcommon] from which the services are demanded). And summon by goodsummoners N., who is tenant, to be there to hear the recognition.Witness…" The claimant could object to any of the twelve knights forjust cause as determined by the court. Each of the twelve gave an oathas to whether the plaintiff's or the defendant's position was correct.This oath was not to speak falsehood nor conceal truth according toknowledge gained by eyewitness or "by the words of their fathers and bysuch words as they are bound to have such confidence in as if they weretheir own". If any did not know the truth of the matter, others werefound until twelve agreed [the recognitors] on which party had thegreater right. Perjury was punished by forfeiture of all one's goodsand chattels to the king and at least one year's imprisonment. If thetenant in court vouched another to warranty, such as the lord to whomhe paid homage, that warrantor would stand in his place in theproceedings. If the warrantor lost, he would have to give to his vassalequivalent land in exchange. Burgage tenure was not usually decided byassize. Also, if the parties were relatives, neither the assize nor thecombat was available to them, but the matter had to be decided by thelaw of inheritance.

Itinerant justices could conduct these assizes: petty andgrand. In 1198, the hundred is empowered to act on all the business ofthe session, including all recognitions and petty assizes ordered bythe king's writ, where the property in dispute was worth no more than200s. [ten pounds] a year. The four knights came to be selected by thesuitors of the county court rather than by the sheriff.

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

Removable to the Royal Court from the county courts were issuesof a lord's claim to a person as his villein, service or relief due toa lord, dower rights, a creditor's refusal to restore a gage [somethinggiven as security] to a debtor who offered payment or a deposit, moneydue to a lender, a seller, or a person to whom one had an obligationunder a charter, fish or harvest or cattle taken from lands unjustlyoccupied, cattle taken from pasture, rights to enjoy a common, to stoptroubling someone's transport, to make restitution of land wrongfullyoccupied, to make a lord's bailiff account to him for the profits ofthe manor. As of 1187, pleas concerning amounts of money less than 40s.were not heard by the Royal Court.

The Royal Court also decided disputes regarding baronies,nuisance or encroachments on royal land or public ways or publicwaterways, such as diverting waters from their right course and issuesof nuisance by the making or destroying of a ditch or the destructionof a pond by a mill to the injury of a person's freehold. Other pleasof the Crown were: insult to the royal dignity, treason, breaches ofsafe-conducts, and injury to the King's servants.

Henry involved the Royal Court in many criminal issues, usingthe agencies of the county and hundred courts. To detect crimes, herequired itinerant royal justices to form juries of presentment{indictment] composed of usually 12 knights or other landholders ofevery neighborhood and 4 respectable men of each township and ask themif any person were suspected of any murder, robbery, theft, etc. (Theselater evolved into grand juries). These assizes were an ancientinstitution in many parts of the country. What Henry's assize did wasto insist upon the adoption of a standard procedure everywheresystematically. The procedure was made more regular instead ofdepending on crime waves. If indicted, the suspected persons were thensent directly to the ordeal. Henry abolished trial by compurgation inthe Royal Courts. If determined guilty, the offender forfeited hischattels to the king and his land reverted to his landlord. The penaltyprescribed by the assize of Clarendon of 1166 was loss of a foot andabjuring the realm. The assize of Northhampton of 1176 added loss ofthe right hand. Often, a man who had a bad reputation had to abjure therealm even if he had successfully undergone the ordeal. The mostserious criminal matters such as killing the king or sedition orbetraying the nation or the army, fraudulent concealment of treasuretrove [finding a hoard of coins which had been buried when dangerapproached], breach of the King's peace, homicide, murder (homicide forwhich there were no eyewitnesses), burning (a town, house, men, animalsor other chattel for hatred or revenge), robbery, rape and falsifying(e.g. false charters or false measures or false money) were punishableby death or loss of limb. Murders were now punished alike because theapplicability of the murdrum fine couldn't be determined since it wasimpossible to prove that the slain man had been English since he wouldhave been mutilated to hide his nationality.

Women did not serve on juries. Having the jury of presentment precludedfree men from being sent to the ordeal by compurgation oaths of thevilleins. As of 1194, this jury of presentment procedure applied notonly to criminal cases, but also to civil, and fiscal cases.

As before, a person could also be brought to trial by theaccusation of the person wronged by a felony ["appeal"]. If the accusedstill denied the charge after the accuser testified and the matterinvestigated by inquiries and interrogation and then analyzed, trial bycombat was held, unless the accuser was over the age of sixty ormaimed, in which case the accused went to the ordeal.

The procedure of Henry II's assizes was extended from case tocase as men lost faith in the older types of proof. The ordeal fellinto disuse when the church prohibited blessing of ordeals in itsLateran Council of 1215.

Henry introduced the petty or trial jury of 12 reputable men toprovide a workable alternative to the ordeal, compurgation, and combat.These jurors were expected to know or to find out the facts that couldlead to a decision. Gradually, witnesses had to be brought in to tesifyto facts the jurors didn't know.

Housebreaking, harboring outlaws, and interference with the royalperquisites of shipwreck and the beasts of the sea which were strandedon the coast [such as whales and sturgeon] were also punishable in theRoyal Court.

Trespass was a serious and forcible breach of the peace ontoland that developed from the criminal law of felony. Trespass becomes ageneral term for almost all wrongful acts and defaults against aperson, land, or chattels. It covered only direct damages due tophysical contact. There are two main punishments: 1) amercement of asum of money deetermined by at least two peers of the offender and 2)imprisonment in gaol redeemable by agreement to a fine after a coupleof years in gaol. Another punishment was abjuration of a town or of therealm. In boroughs, an offending burgess may lose liberties or have toabjure their trade or craft. Pillory and tumbrel [e.g.ducking stool]was usual for bakers and alewives who broke the assizes of bread andbeer, which was often.

The Royal Court had grown substantially and was not alwayspresided over by the King. To avoid court agents from having too muchdiscretionary power, there was a systematic procedure for bringingcases to the Royal Court. First, a plaintiff had to apply to the King'sChancery for a standardized writ into which the cause had to fit. Theplaintiff had to pay a fee and provide a surety that the plea wasbrought in good faith. The progress of the suit was controlled atcrucial points by precisely formulated writs to the sheriff,instructing him for instance, to put the disputed property under royalprotection pending a decision, to impanel an assize and have it viewthe property in advance of the justices' arrival, to ascertain a pointof fact material to the plea, or to summon a 'warrantor' to support aclaim by the defendant.

The Royal Court kept a record on its cases on parchment keptrolled up: its "rolls". The oldest roll of 1194 is almost completelycomprised of land cases.

Anyone could appoint an agent, an "attorney", to appear incourt on his behalf, it being assumed that the principal could not bepresent and royal authorization given. A wife could represent herhusband. The principal was then bound by the actions of his agent.Gradually men appeared who made a business of representing whoeverwould employ them. The common law system became committed to the"adversary system" with the parties struggling judicially against eachother.

The Royal Court took jurisdiction over issues of whethercertain land was civil or ecclesiastical [assize utrum], and thereforewhether the land owed services or payment to the Crown or not. It alsoheard issues of disturbance of advowson, a complex of rights to incomefrom a church and to the selection of a parson for the church [assizeof darrein [last] presentment]. By this assize, the identity of thepatron who last presented an incumbent to a particular church could bediscovered. Many churches had been built by a lord on his manor for hisvilleins. The lord had then appointed a parson and provided for hisupkeep out of the income of the church. In later times, the lord'schosen parson was formally appointed by the bishop. By the 1100s, manylords had given their advowsons to abbeys. This procedure used twelverecognitors selected by the sheriff.

As before, the land of any person who had been outlawed orconvicted of a felony escheated to his lord. His personal property,goods, and chattels became the King's. If he was executed, his heirsreceived nothing because they were of the same blood as the felon,which was corrupt: "corruption of the blood". The loss of civil rightsand capacities after a sentence of death for felony or treason, whichresulted in forfeiture of property and corruption of the blood, wascalled "attainder".

There were two courts of the sheriff: the shire court for civiland criminal matters and the sheriff's tourn for petty crime only. Theshire and borough courts heard cases of felonies, accusations againstfreemen, tort, and debts. The knights made the county courts work aslegal and administrative agencies of the Crown.

The manor court heard cases arising out of the unfree tenuresof the lord's vassals. It also heard distraint, also called "distress",issues. Distraint was a landlord's method of forcing a tenant toperform the services of his fief. To distrain by the fief, a lord firstobtained a judgment of his court. Otherwise, he distrained only bygoods and chattels without judgment of his court. A distraint wasmerely a security to secure a person's services, if he agreed he owedthem, or his attendance in court, if he did not agree that he owedthem. Law and custom restricted the type of goods and chattelsdistrainable, and the time and manner of distraint. For instance,neither clothes, household utensils, nor a riding horse wasdistrainable. The lord could not use the chattels taken while they werein 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 theKing, could not sell the chattel. This court also determinedinheritance and dower issues.

The court of the vill enforced the village ordinances. Thehundred court met twice a month and dealt with the petty crimes oflowly men in the neighborhood of a few vills.

Franchise courts had jurisdiction given by special royal grant,such as the Courts of the Chancellors of Oxford and CambridgeUniversities.

The peace of the sheriff still exists for his county. TheKing's peace may still be specially given, but it will cease upon thedeath of the King. Law required every good and lawful man to be boundto follow the hue and cry when it was raised against an offender whowas fleeing. The village reeve was expected to lead the chase to theboundary of the next jurisdiction, which would then take theresponsibility to catch the man.

Before Henry's reign, the church, with the pope's backing, hadbecome more powerful and asserted more authority. Henry tried to returnto the concept of the king being appointed by God and as the head ofthe church as well as of the state, as in Henry I's time, and toinclude the church in his reform of the legal system, which would makethe spiritual jurisdiction and temporal jurisdiction conform to acommon justice. Toward this end, he published the Constitutions ofClarendon. But the Archbishop of Canterbury, Thomas Becket, refused toagree to them, although as Chancellor he had seen the beneficialeffects on the kingdom of Henry's legal measures. The disagreement cameto a head in Henry's attempt to establish the principle of "one law toall" by having church clerics punished by the civil courts as before,instead of having "benefit of clergy" to be tried and punished only inecclesiastical courts, even for secular crimes. Clerics composed aboutone-sixth the population. The church courts had characteristicallypunished with spiritual penalties of a fine or a penance, and at mostdefrocking. It could not impose a death penalty, even for murder. WhenArchbishop 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. Theking could take a criminal cleric's chattels, but not his life.However, though theoretically bishops were elected by the body ofbishops with the approval of the king, as a practical matter, the kingchose the bishops and the abbots. It was a constant matter of dispute,in which the pope would sometimes involve himself. Selection ofarchbishops was also a frequent matter of contention between king andpope.

The church copied the assize procedure developed by the RoyalCourt to detect ecclesiastical offenses though it retained trial bycompurgation. Bishops could request the Chancery to imprison anoffender who had remained excommunicant for forty days, until he madeamends. Chancery complied as a matter of course. This went on for sixcenturies.

The delineations of jurisdiction among these courts wereconfused and there was much competing and overlapping of jurisdictions.However, the court could appoint arbitrators or suggest to the partiesto compromise to avoid the harshness of a decisive judgment which mightdrive the losing party to violent self-help.

The office of coroner was established about 1194 to supplementthe judicial investigations of crimes with local officers prior to thearrival of the itinerant justices. Four knights who were residents ofthe county and possessed sufficient land were elected by the countycourt for life. Sometimes they had county and royal connectionsinstead. They received no pay. They determined if sudden deaths wereaccidental or due to murder and the cause of death of prisoners. Theyalso held inquests on other crime such as bodily injury, rape, andprison break. They attached [arrested] the accused and evaluated andguarded his chattels until after the trial. If the accused was foundguilty, his possessions went to the King. The coroner sat with thesheriff at every county court and went with him on his turns. Thisoffice and the forbidding of sheriffs to act as justices in their owncounties reduced the power of the sheriffs. The responsibility ofreceiving the oath of the peace is changed from the sheriff to knights,the duty of the sheriffs being only to receive and keep the criminalstaken by these knights until the justices came to try them.

Also, at this time, the constitution of the grand jury of thecounty was defined. First, four knights were to be chosen in the countycourt. 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 thejury of the hundred.

In London, if one of two witnesses for the defense died whilean action was pending, the survivor, after offering his oath, couldproceed to the grave of the dead witness, and there offer oath as towhat the dead man would have sworn if he had been alive. If a foreignerwas bound to make oath for debt or any misdeed, he could make it withsix others, his own oath being the seventh; but if could not find sixsupporters, he alone could make the oath and take it in the six nearestchurches.

In London, the method of capital punishment was being confinedto hanging, instead of also being in the form of beheading, burning,drowning, stoning, or hurling from a cliff. In cases of drowning, theoffender was first sewn up in a sack with a snake, a dog, an ape, and aco*ck.

Chief Justiciar Ranulph Glanvill wrote a treatise on the writswhich could be brought in the Royal Court and the way they could beused. It was a practical manual of procedure and of the lawadministered in the Royal Court.

There are personal actions such as "debt" for specific chattelor specific sum of money. The action for debt splits into two actions.The "detinue" action is for wrongful detention of personal propertywhich originally was rightfully acquired as by loan, rent, or left forsafe-keeping and its award is for the specific chattel detained or itsvalue. The action of "replevin" is available to the tenant to recoverpersonal 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 foran offense punishable by death (or in the 1100s by mutilation) such asmurder, rape, robbery, or mayhem, that is done with force of arms andagainst the peace of the king. The use of trespass grew as privateactions for felony were supplanted by public indictment. It occasionedoutlawry in default of appearance. About 1200, outlawry was not usedfor crimes falling short of felony. These personal actions wereinitiated in common law courts by their respective writs.

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

Woodbridge v. Bardolf (1194, king's court): Ralf of Woodbridge seeksbefore the justices his free tenement in Hebston by the assize of noveldisseisin against Hugh Bardolf. Against which assize Hugh said that hehad that seisin by judgment of his court for the default of the sameRalf. And the court has recorded the summons and distraints reasonablymade on the same Ralf. And Ralf himself has acknowledged the summonsand distraints and said that he ought not hold anything from him inthat land; rather, it is of another's fee. And because neither he noranyone for him has complained to the justices that Hugh unjustly drewhim into a plea concerning a tenement which Ralf himself held of thefee of another lord, it is considered that Hugh hold in peace. And letRalf plead by writ of right if he want and be in mercy for his falseclaim.

Turroc v. fitz Walter (1194, king's court): The assize came torecognize if Clement son of Walter unjustly and without judgmentdisseised 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'sland than she had in dower by the sheriff and by order of the lordking, so that she was summoned and distrained to come in to court, andshe so responded that she remained in mercy of 10s. by judgment, sothat for that amercement and for other complaints she made fine withher lord for 1/2 mark and put her land in pledge in his court and didnot want to render the 1/2 mark. And therefore by judgment of his courthe seised it. Matilda denies all word for word. And the same Clementonly produces two men from his court; and it is considered that it wasno court. Judgment: let Matilda have her seisin and let Clement be inmercy for disseisin.

Fitz Hereward v. Prior of Lecton (1195, king's court): The assize cameto recognize if the prior of Lecton unjustly and without judgmentdisseised Reginald son of Hereward and Essolda his wife of his freetenement in Clapston after the first coronation of the lord king. Theprior says that the assize ought not be taken thereof, because heseised that land by judgment of his court for default of his serviceand his rent, whereof he has his court present, which asserts the samething. It is considered that the prior replevy [give back] to themtheir land and give them a day in his court concerning the arrears ofrents and services. And let him treat them justly by judgment of hiscourt.

Stanfeld v. Brewes (1199, king's court): The assize comes to recognizeif Simon of Brewes and Luke cleric and Peter of Brewes unjustly andwithout a judgment disseised Odo of Stanfeld and Juliana his wife ofher free tenement in Michehey within the assize. Simon says that theassize ought not be taken thereof, because he took that land into hishand by judgment of his court — which he produced and which attests tothis — for default of his service. And it was testified that Odo holdsthat land from the same Simon. Simon was ordered to replevy that landto 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 torecognize if Amice who was the wife of Richard earl of Clare and Hughof Ceriton, John of Cornherd, William of Wattevill, Alexander son ofGilbert, Alexander son of Matthew, Bartholomew son of Alexander, Robertof Cornherd, and Geoffrey son of Leveric unjustly and without judgmentdisseised Richard son of William of Sudbury of his free tenement inSudbury after the feast of St Michael next before the coronation of thelord king. The countess says that, when she was separated by papalorder from the earl of Clare her husband by reason of consanguinity, towhich husband the vill of Sudbury had been given with her as marriageportion, she came to Sudbury and convoked her court and made the sameRichard to be summoned to come to show by what warrant he held herland. He willingly entered into the plea and vouched the earl of Clareher former husband to warrant and at the day given him to have [hiswarrantor] he did not have him. And thus by consideration of her courtshe seised her land and holds it. Which court she produced and whichattests this. Richard comes and denies that he was ever summoned orcame into her court by summons or vouched to warranty or so lost seisinby consideration of the court of the countess. And this he offers [toprove]. It is considered that he defend himself 12-handed that he didnot willingly enter into the plea and vouch to warranty. Let him wagehis law [prove by the 12-handed oath, thus, by compurgation]. Pledgesof the law: Hugh son of Hugh, Wido of Sudbury. Day is given them at thequindene of St. John.

This is the suit of Richard of Sudbury: [there follow thenames, but only of 10 men] against the countess Amice who was thecountess of Clare, concerning whom he had complained concerning a noveldisseisin of his free tenement in Sudbury. She said that by judgment ofher 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 herand against the suit, and law was adjudged. And he comes with his lawand makes it with the abovesaid suit. Therefore it is considered thathe recover thereof his seisin; let the countess be in mercy for unjustdisseisin and also her men, of whom the same Richard has complained.And let the same countess return to him the damages done thereof by ajury of law-worthy men of the vicinity. The names of the men of thecountess 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 deathof Anthony, her husband, for that he wickedly slew her husband; andthis she offers to prove against him under award of the court. AndNicholas defends all of it. It is considered that Denise's appeal isnull, for in it she does not say that she saw the deed. The jurorsbeing asked, say that they suspect him of it; the whole county likewisesuspects 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 inthe king's peace took away from him a certain villein of his whom hekept in chains because he wished to run away, and led him off, and inrobbery carried away his wife's coffer with one mark of silver andother 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 thefelony, robbery, and breach of the king's peace, and say that (as thecustom is in Cornwall) Roger of Prideaux, by the sheriff's orders,caused twelve men to come together and make oath about the saidvillein, whether he was the king's villein or William's and it wasfound that he was the king's villein, so the said Roger the serjeantdemanded 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 Williammakes this appeal because he wishes to keep the chattels of Thomas [thevillein], 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 threebones were extracted from his head; and this he offers to prove againsthim under the court's award as a man maimed by that mayhem. And it istestified by the coroners that the wounds when fresh were shown in thecounty [court], and that [the bones were broken] as aforesaid. AndOsbert and Jordan come and defend word by word. It is considered thatOsbert do purge himself by ordeal of iron on account of the appeal, forSerlo betook himself against Osbert in the first instance. And letJordan be in custody until it be known how Osbert shall fare. And theother persons who are appealed as accessories are to be under pledgeuntil [Osbert's fate] be known.

4. -The jurors say that they suspect William Fisman of the death ofa*gnes of Chilleu, for the day before he had threatened her body andgoods. And the four neighboring townships being sworn, suspect him ofit. It is considered that he purge himself by water under the Assize.

5. -William Burnell and Luke of the Well are suspected of the burglaryat the house of Richard Palmer by the jurors of the hundred, and by thefour neighboring townships, which are sworn. Let them purge themselvesby water under the Assize.

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

7. -Walter Wifin was burgled, and of his chattels taken from his housein the burglary certain boots were found in the house of Lefchild ofRanam, and the said Walter pursues - - those boots as his. And Lefchildsaid that he bought them in Bodmin market for 2 1/2 pence, but he knowsnot 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 theother proceeds of the burglary, and that Lefchild was the receiver ofthe burglars, namely, Robert of Hideford -and Alan the Foresters, whomhe [Walter] had appealed of the -crime. And Lefchild defends. Thejurors on being asked, say that they suspect Lefchild of the saidreceipt. 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 ofbone were extracted, and meanwhile - - Martin and Thomas held him; andthis he offers to deraign against the said Robert as a man therebymaimed, under the court's award. And Robert comes and defends all of itword - - by word. It is considered that he purge himself by ordeal ofiron. Let the others be in custody until it be known how Robert shallfare. Afterwards Eadmer came and withdrew himself, and submitted to anamercement of one mark.Pledges, Reinfrid, Gill's son, and Philip hisbrother. Let the other appellees go quit.

9. -Reginald le Teinus accused of the receipt and fellowship of Robertthe outlaw comes and defends. The jurors say that they suspect him, andthe four neighboring townships say - - that they suspect him of it. Solet him purge himself by water under the Assize. And there must beinquiry as to Richard Revel, who was sheriff when the said Robertescaped - - from his custody.

10. Osbert of Reterth appeals Odo Hay, for that he assaulted him as hewas returning from Bodmin market, and in the king's peace and wickedlystruck him on the hand with a stick, and afterwards struck him on thearm with his sword -so that he is maimed; and this he offers to proveas a maimed man. And Odo defends it all. And that [Osbert] is maimed istestified by knights sent to see him. Judgment: let [Odo] purge himselfby 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 ofFrokemere, and Maud his sister, are suspected of the burglary by thejurors of the hundred and by the four nearest townships, which aresworn. Let the males purge themselves by water under the Assize, andMaud by ordeal of - - iron. Roger Morand fled for that burglary, and hewas living in Bodmin, [which town is] therefore in mercy.

12. Robert, Godfrey's son, appeals Philip, William's son, for that hecame on the land of [Robert's] lord Richard Fortescue, and wickedly andin 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 againsthim by his body under award of the court. And Philip comes and defendsall of it word by word. It is considered that the appeal is null, forthe oxen were not Robert's, but - - Richard's. The jurors being asked,say that [Philip] did no robbery to [Richard]. So Richard Fortescue isin mercy for a false appeal, and let Philip be quit.

13. Peter Burel appeals Anketil of Wingely, for that he wickedly in theking's peace assaulted him in the field where he was pasturing hisoxen, and beat him, and gave him - - four wounds in the head, and inrobbery took from him an ax and a sword; and this he offers to proveagainst him; but he shows no wound. And Anketil defends. And the countyrecords - - that [Peter] first appealed Roger of Tregadec of the samerobbery and of the same wounds. Therefore it is considered that theappeal is null, and let Peter be in mercy for a false appeal. Hisamercement, a half-mark; pledge for it, Ralph Giffard.

14. The jurors are in mercy for a silly presentment, for they presentedan appeal which was made in the hundred [court] and which was notpresented in the county [court].

15. Lucy of Morwinstow appeals Robert de Scaccis and Roland -of Kellioand Peter of Lancarf of robbing her of twenty shillings and eightpence, and of a cloak, price a half-mark. And it is testified by thejurors that they did not rob her, and that she is a hireling, and thata man lay with her in a garden, and the boys hooted her, so that sheleft her cloak, and the boys took it and pawned it for two gallons ofwine. It is considered that Robert do give her three pence in respectof the wine and do go quit. And Roland and Peter neither come noressoin [present an excuse for nonappearance] themselves. And theirpledges were Nicholas brother of Alfred of Bodmin and Herbert Reeve ofBodmin, who are therefore in mercy.

16. Osbert Church accused of the death of Roland, son of Reginald ofKennel, on the appeal of the said Reginald, was detained in gaol anddefends word by word. And Reginald - - offers proof by the body of acertain freeman, Arkald, who has his [Reginald's] daughter to wife, whois to prove in his stead, since he has passed the age of sixty. OsbertChurch defends all of it. The knights of the hundred of Penwith saythat 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 purgehimself by water, and Reginald is in mercy, for he does not allegesight and hearing, and because he has withdrawn himself, and putanother in his place, who neither saw nor heard and yet - - offered toprove it, and so let both Reginald and Arkald be in mercy. Osbert ispurged 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 appealof Hawise, Brictmer's wife, and was captured in flight, as say John ofWinielton and Ralph of Mertherin, but the flight is not testified bythe hundred. Kerier [hundred] says the same. Penwith [hundred] says thesame. So is considered that he purge himself by water. He is purged.Roger's pledges: Ralph of Trelew, Ogier of Kurnick, Richard, Simon'sson, Alfred Malvoisin, Everwin of Lande, John of Kewerion, Warin ofTiwardeni, Baldwin Tirel, Roger of - - Trevithow, John of Glin, Williamof 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 appelleeshave not come nor essoined themselves. The county together with thewapentake says that they were appealed, not of the king's peace, but ofthe 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 tohave presented.

19. William, Hawise's son, appeals Richard, son of Robert ofSomercotes, for that he came in the king's peace to his house atSomercotes, and broke his house and robbed him of.[an abrasion]shillings, and a cape and surcoat, and twenty-five fowls, and twentyshillings worth of corn [grain], and wounded him in the head with thewound that he shows; and this he offers to prove against him as thecourt shall consider etc. And Richard comes and defends the breach ofthe king's peace and the housebreaking, wounding and -robbery, butconfesses that he came to a certain house, which William asserts to behis [William's], as to his -[Richard's] own proper house, whichescheated into his hand on the death of Roger his villein, and there hetook certain chattels which were his villein's and which on hisvillein's - - death were his [Richard's] own: to wit, five thraves ofoats, thirteen sheaves of barley, and twenty-five fowls; and he offersthe king twenty shillings for an inquest [to find] whether this be soor no. And William says that Richard says this unjustly, for the saidRoger never had that house nor dwelt therein, nor were those chattelsRoger's, but he [William] held that house as his own, and the chattelsthere seized were his. The jurors being questioned whether Roger didthus hold the house of Richard in villeinage, say, Yes. Also thecoroners and the whole county testify that [William] never showed anywound 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 goquit, and William be in mercy for his false claim. Pledges for theamercement, Gilbert, Robert's son, and Richard, Haldeng's son.

20. Astin of Wispington appeals Simon of Edlington, for that hewickedly and in the king's peace assaulted him in his meadows and putout his eye, so that he is maimed of that eye; and this he offers toprove etc. Simon comes and defends all of it word by word. And thecoroners and the county testify that hitherto the appeal has been dulysued, at first by [Astin's] wife, and then by [Astin himself].Judgment: let law be made, and let it be in the election of theappellee whether he or Astin shall carry the iron. He has chosen thatAstin shall carry it. Astin has waged the law. Simon's pledges, Williamof Land and his frankpledge and Ralph of Stures. Astin's pledges, RogerThorpe, Osgot of Wispington, and William, Joel's brother. Afterwardscame [the appellor and appellee] and both put themselves in mercy.

21. Gilbert of Willingham appeals Gilbert, Geoffrey's son, for that hein 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 hueand cry so that his neighbors and the township of Willingham camethither, and he showed them [the appellee] in flight and therefore theypursued him with the cry; and this he offers etc. And the appelleedefends all of it word by word etc. And the - - neighbors and thetownship of Willingham being questioned, say that they never saw him inflight, and that [the appellor] never showed him to them. Likewise thejurors say that in their belief he appeals him out of spite rather thanfor just cause. Therefore it is considered that the appeal is null, andthe appellee is in mercy for a half-mark [7s.]. Pledge for theamercement, Robert Walo.

22. William burel appeals Walter Morco*ck, for that he in the king'speace so struck and beat Margery, [William's] wife, that he killed thechild in her womb, and besides this beat her and drew blood. AndWilliam of Manby, the beadle, testifies that he saw the wound whilefresh and the blood in the wapentake [court]. And the serjeant of theriding and the coroners and the twelve knights testify that they neversaw 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, andWilliam Burel is in mercy. Let him be in custody. And William Manby isin mercy for false testimony. Pledges for William's amercement, Richardof 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 twocows and one bullock. Afterwards came the Prior of Sixhills andundertook to have William to right before the justices. And he came,and then Denis, Sigerid's son, came and appealed him of his mother'sdeath. And it was testified that [Denis] had an elder brother, and thatnine years are past since [Sigerid] died, and that she lived almost ayear after she was wounded, and that Denis never appealed [William]before now. Therefore it is - - considered that the appeal is null andthat 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 herbrother. And Alice does not prosecute.Therefore let her be in mercy andlet her be arrested. To -judgment against the sheriff who did notimprison the said persons who were attached, whereas they are appealedof homicide, and to judgment also as to a writ which he ought toproduce.

25. Hawise, Thurstan's daughter, appeals Walter of Croxby -and WilliamMiller of the death of her father and of a wound -given to herself. Andshe has a husband, Robert Franchenay, - - who will not stir in thematter. Therefore it is considered that the appeal is null, for a womanhas no appeal against anyone save for the death of her husband or forrape. And - - let Robert be in mercy on his wife's account, for ahalf-mark [7s.], and let the appellees be quit. Pledge for Robert'samercement, Richard Dean of Mareham, who has lay property. Wapentake ofAswardhurn.

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'sservice beyond seas. And for that it is not allowed to anyone appealedof the king's peace to leave the land without a warrant before he hasbeen before justices learned in the law, his pledges are in mercy: towit, Segar of Arceles, Alan of Renington, and Robert of Searby. Adamhimself is excused from the plea by the essoin that he has cast.

27. Thomas, Leofwin's son, appeals Alan Harvester, for that he in theking's peace assaulted him as he went on the highway, and with hisforce carried him into Alan's house, and struck him on the arm so thathe broke a small bone of his arm, whereby he is maimed, and robbed himof his cape and his knife, and held him while Eimma, [Alan's] wife, cutoff one of his testicl*s and Ralph Pilate the other, and when he wasthus dismembered and ill-treated, the said Alan with his force carriedhim back into the road, whereupon as soon as might be he raised thecry, 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 asmight 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 knifeand the testicl*s in a little cup, but found not the cape. Also thewhole county testifies that [Thomas] never before now appealed Alan ofbreaking a bone. And so it is considered that the appeal is null, andthat [Thomas] be in mercy, and that the other appellees be quit. Thomasalso appeals Emma, Alan's wife, for that she in the peace aforesaidafter he was placed in her lord's house cut off one of his testicl*s.He also appeals Ralph Pilate, for that he cut off the other of his - -testicl*s.

28. The twelve jurors presented in their verdict that Austin, Rumfar'sson, appealed Ralph Gille of the death of his brother, so that [Ralph]fled, and that William, Rumfar's son, appealed Benet Carter of the samedeath, and Ranulf, Ralph's son, appealed Hugh of Hyckham of the samedeath and Baldwin of Elsham and Ralph Hoth and Colegrim as accessories.And the coroners by their rolls testify this also. But the countyrecords otherwise, namely, that the said Ralph Gille, Benet, Hugh,Baldwin, Ralph [Hoth] and Gocegrim were all appealed by Ranulf, Ralph'sson, 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 thesaid Ranulf. And for that the county could not [be heard to] contradictthe coroners and the said jurors who have said their say upon oath, itis considered etc. Thereupon the county forestalled the judgment andbefore judgment was pronounced made fine with 200 pounds [4,000s.] [tobe collected throughout the county], franchises excepted.

29. Hereward, William's son, appeals Walter, Hugh's son, for that he inthe king's peace assaulted him and wounded him in -the arm with an ironfork and gave him another wound in the head; and this he offers toprove by his body as the court shall consider. And Walter defends allof it by his body. And it is testified by the coroners and by the wholecounty that Hereward showed his wounds at the proper time and has madesufficient suit. Therefore it is considered that there be battle.Walter's pledges, Peter of Gosberton church, and Richard Hereward'sson. 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, thathe with his force in the king's peace and wickedly, while [Gering] wasin the service of his lord Guy at the forge, took him and led him toFreiston to the house of William Longchamp, and there kept him inprison so that his lord could not get him replevied; and this he offersto prove as the court shall consider. And William Cook comes anddefends the felony and imprisonment, but confesses that whereas he hadsent his lord's servants to seize the beasts of the said Guy on accountof a certain amercement which [Guy] had incurred in the court of[Cook's] lord [Longchamp], and which though often summoned he hadrefused to pay, [Gering] came and rescued the beasts that had beenseized and wounded a servant of [Cook's] lord, who had been sent toseize them, whereupon [Cook] arrested [Gering] until -he should findpledges to stand to right touching both the wounding and the rescue,and when [Gering's] lord [Guy] came -for him, [Cook] offered to let himbe replevied, but this [Guy] refused, and afterwards he repeated theoffer before the king's serjeant, but even then it was refused, andthen [Cook] let [Gering] go without taking security. And Guy says thathe puts himself upon the wapentake, whether the imprisonment took placein manner aforesaid, and whether he [Guy] at once showed the matter tothe king's serjeant, or no. And William Cook does the same. And thewapentake says that the alleged [imprisonment] took place in Lent, andGuy did not show the matter to the wapentake until a fortnight beforeSt. Botulph's day. And the county together with the coroners says thatthey never heard the suit in their court. Therefore it is consideredthat the appeal is null, and Guy is in mercy. And let William and thosewho 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 hedoes not prosecute. So he and Stephen Despine and Baldwin Long are inmercy, and the appellees go without day. Afterwards comes Andrew andsays that [the appellees] imprisoned him by the order of WilliamMalesoures in the said William's house, so that he sent to the sheriffthat the sheriff might deliver him, whereupon the sheriff sent hisserjeant and others thither, who on coming there found him imprisonedand delivered him and he produces witnesses, to wit, Nicholas Portehorsand Hugh, Thurkill's son, who testify that they found him imprisoned,and he vouches the sheriff to warrant this. And the sheriff, on beingquestioned, says that in truth he sent thither four lawful men with theserjeant on a complaint made by Nicholas Portehors on Andrew's behalf.And those who were sent thither by the sheriff testify that they foundhim at liberty and disporting himself in William's house. Therefore itis considered that the appeal is null [and Andrew is in mercy] for hisfalse complaint and Nicholas Portehors and Hugh, Thurkill's son, are inmercy for false testimony. Andrew and Hugh are to be in custody untilthey have found pledges [for their amercement].

32. The jurors say that Geoffrey Cardun has levied new customs otherthan he ought and other than have been usual, to wit, in taking fromevery cart crossing his land at Winwick with eels, one stick of eels,and from a cart with greenfish, one greenfish, and from a cart withsalmon, half a salmon, and from a cart with herrings, five herrings,whereas he ought to take no custom for anything save for salt crossinghis land, to wit, for a cartload, one bole of salt, and in that casethe salter ought to have a loaf in return for the salt, and also if thesalter's cart breaks down, the salter's horses ought to have pasture onGeoffrey's land without challenge while he repairs his cart. AndGeoffrey comes and confesses that he takes the said customs, and oughtto take them, for he and his ancestors have taken them from theconquest of England, and he puts himself on the grand assize of ourlord the king, and craves that a recognition be made whether he oughtto take those customs or no. And afterwards he offers the king twentyshillings 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 forthe death of Roger Rombald at the suit of Robert Rombald, andafterwards returned under the [protection of the] king's writ, andafterwards was outlawed for the same death on the appeal of Geoffrey,Thurstan's son. The county therefore is asked by what warrant theyoutlawed the same man twice for the same death, and says that of atruth in King Richard's time the said Hugh was - - outlawed at the suitof one Lucy, sister of the said Roger, so that for a long timeafterwards he hid himself; and at length he came into the county[court] and produced letters of Sir Geoffrey FitzPeter in the formfollowing: "G. FitzPeter etc. to the sheriff of Northamptonshire,greeting, Know thou that the king hath pardoned to Hugh, son of thepriest of Grafton, his flight and the outlawry adjudged to him for thedeath of a certain slain man, and hath signified to us by his lettersthat we be aiding to the said Hugh in reestablishing the peace betweenhim and the kinsfolk of the slain; wherefore we command thee that thoube aiding to the said Hugh in making the peace aforesaid, and do us towit by thy letters under seal what thou hast done in this matter, sincewe are bound to signify the same to the king. In witness etc. by theking's writ from beyond seas." And the said letters being read in fullcounty [court] the county told the said Hugh that he must find pledgesthat 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, havingheard that Hugh had returned after his outlawry, came to the nextcounty [court] and Robert Rombald produced Geoffrey, Thurstan's son,who said that if he saw the said Hugh he would sue against him thedeath of the said Roger, who was [his kinsman]. And the county showedhim how Hugh had brought the Justiciar's letters pardoning him theflight and outlawry, and that he was to find pledges to stand to theking's peace, but had not returned. Whereupon the king's serjeant wasordered to seek Hugh and bring him to a later county [court]. And at alater county [court] Geoffrey offered himself against Hugh, and Hughdid not appear; whereupon the king's serjeant being questioned saidthat he had not found him, and the county advised [Geoffrey] to come toanother 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 theserjeant that Hugh had not yet been found, wherefore the county saidthat as Hugh would not appear to the king's peace, he must bear thewolf's head as he had done before. To judgment against the coroners andthe twelve jurors.

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

35. Sibil, Engelard's daughter, appeals Ralph of Sandford, for that hein the king's peace and wickedly and in breach of the peace given toher 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 sotreated her that he slew the child that was living in her womb.Afterwards she came and said that they had made a compromise and shewithdrew herself, for they have agreed that Ralph shall satisfy her forthe loss of the chattels upon the view and by the appraisem*nt oflawful men; and Ralph has assented to this.

36. William Pipin slew William [or John] Guldeneman and fled. He had nochattels. Let him be exacted. And Hugh Fuller was taken for this deathand put in gaol because the said John [or William] was slain in hishouse. And Hugh gives to the king his chattels which were taken withhim, that he may have an inquest [to find] whether he be guilty thereofor no. The jurors say that he is not guilty, and so let him go quitthereof. And William Picot is in mercy for having sold Hugh's chattelsbefore he was convicted of the death, and for having sold them at anundervalue, for he sold them, as he says, for three shillings, and thejurors - - say that they were worth seventeen shillings, for whichWilliam Picot and those who were his fellows ought to account. AndWilliam 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 thathe was outlawed for the death, and the county and the coroners say thathe was not outlawed, because no one sued against him. And because thejurors cannot [be heard to] contradict the county and the coroners,therefore they are in mercy, and let Robert be exacted. His chattelswere [worth] fifteen shillings, for which R. of Ambresleigh, thesheriff, must account.

38. Elyas of Lilleshall fled to church for the death of a woman slainat Lilleshall. He had no chattels. He confessed the death and abjuredthe realm. Alice Crithecreche and Eva of Lilleshall and Aldith andMabel, Geoffrey and Robert of Lilleshall, and Peter of Hopton weretaken 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 ofthe chattels of the slain, so it is said, and was taken in that countyand brought back into Shropshire and there, as the king's serjeant andmany knights and lawful men of the county testify, in their presenceshe said, that at night - - she heard a tumult in the house of theslain; whereupon she came to the door and looked in, and saw throughthe middle of the doorway four men in the house, and they came out and- - caught her, and threatened to kill her unless she would concealthem; and so they gave her the pelf [booty] that she had. And when shecame before the [itinerant] justices she denied all this. Therefore shehas deserved death, but by way of dispensation [the sentence ismitigated, 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 thatwhen [William's] lord Guy of Shawbury and [William] had come fromattending the pleas of our lord the king in the county court ofShropshire, there came five men in the forest of Haughmond and there inthe king's peace and wickedly assaulted his lord Guy, and so that[Walter], who was the fourth among those five, wounded Guy and wasaccessory with the others in force as aid so that Guy his lord waskilled, and after having wounded his lord he [Walter] came to Williamand held him so that he could not aid his lord; and this he offers toderaign [determine by - - personal combat] against him as the courtshall consider. And Walter comes and defends all of it word by word asthe court etc. It is considered that there be battle [combat] betweenthem. The battle [combat] is waged. Day is given them, at Oxford on themorrow of the octave of All Saints, and then let them come armed. AndRalph [Walter's father] gives the king a half-mark that he may have thecustody of his son, [for which sum] the pledges are John of Knightonand Reiner of Acton, and he is committed to the custody of Ralph Hose,Reiner of Acton, John of Knighton, Reginald of Leigh, Adam ofMcuklestone, 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'speace assaulted Robert's man Roger, and beat and wounded him so thathis 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 bodyas the court shall consider. And Ranulf comes and defends the whole ofit, word by word, and offers the king one mark of silver that he mayhave an inquest of lawful knights [to say] whether he be guilty thereofor no. Also he says that Roger has never until now appealed him ofthis, and prays that this be allowed in his favor. [Ranulf's] offeringis accepted. The jurors say that in truth there was some quarrelbetween Robert's gardener, Osmund, and some footboys, but Ranulf wasnot there, and they do not suspect him of any robbery or any tort doneto Robert or to Osmund. Also the county records that the knights who onRobert's complaint were sent to view Osmund's wounds found himunwounded and found no one else complaining, and that Robert in hisplaint spoke of Osmund his gardener and never of Roger, and that Rogernever came to the county [court] to make this appeal. Therefore it isconsidered that Ranulf be quit, and Robert and Roger in mercy. Pledgefor Ranulf's mark, Philip of Draycot. Pledges for the amercement, Henryof Hungerhill, and Richard Meverell. Pledge for Roger, the said Robert.

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

42. Andrew of Burwarton is suspected by the jurors of the death of oneHervey, for that he concealed himself because of that death. Thereforelet 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 forcecame to her house and bound her and her husband, and afterwards slewthe said Walter her husband; and this she offers to prove against himas wife of the slain as the court shall consider. And he defends all ofit. And the jurors and the whole neighborhood suspect him of thatdeath. And so it is considered that he purge himself by ordeal of ironfor he has elected to bear the iron.

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

Chapter 7

The Times 1215-1272

Tenures in land were free or not free; the free tenures were(1) military service, (2) grand serjeanty, (3) free socage, and (4)frankalmoin. For military service, in general, every man knows hisplace, knows how many days he must fight and with what arms. But thisinstitution is becoming unstable. Sometimes a substantial paymentcalled scutage is taken instead. As feudalism became less military andless rough, daughters were permitted to inherit fiefs. It becamecustomary to divide the property of a deceased man without a sonequally among his daughters. Lords were receiving homage from all thedaughters and thereby acquiring marriage rights over all of them. Also,if a son predeceased his father but left a child, that child wouldsucceed to the father's land in the same way that the deceased wouldhave. The ill, the aged, women, and ecclesiastics could send asubstitute to military service. There are certain reliefs, and wardshipand marriage fees associated with military tenure. Grand serjeanty wasvarious and included carrying the banner of the king, or his lance,carrying his sword at his coronation, carrying his letters, summoninghis barons, conveying his treasure from place to place, being hissteward, marshal, chamberlain or constable. Many serjeanties wereconnected with warfare, such as light horsem*n, infantry, bowmen,captains of the national militia, leading the infantry of certainhundreds, military transport, carriage of armour on a horse, munitionsof war such as lances, arrows or knives. A man could hold by serjeantyof a mesne lord, such as presiding over the lord's court, riding withthe lord or on his errands, feeding his hounds, or supplying bows andarrows. Tenure in free socage may involve a nominal service to a lord,such as the gift every year of a rose, a sparrowhawk, a pair of gloves,a pair of gilt spurs, or a pound of pepper, or of incense or of wax.Tenure in socage may originate by a gift of land to a daughter oryounger son, or to some dependant for past services, or a purchase witha gross sum. There were no wardship or marriage or other feesassociated with a tenure in free socage. Tenure in frankalmoin ["freealms" for the poor to relieve the king of this burden] was land held byecclesiastics in right of their churches and of God. This service wasspiritual, often for saying prayers for the deceased donor so that hecould go from purgatory to heaven, and it was an indefinite service. Ingeneral, land could be alienated or subinfeudated without the lord'sconsent and thus come to be held in another tenure. Land escheated[returned] to the lord if there were no heirs, or in case of felonyafter the king has possessed and taken the profits of the land for yearand day. In case of treason, a tenant's lands were all forfeited to theking. The tenure of socage obligated the tenant to fixed agriculturalservices, for which a nominal payment called a "quit rent" could besubstituted. Socage did not entail rights of wardship or marriage.Socage grew at the expense of the other tenures. The unfree tenure wasvillein tenure. Villeins were tied to a piece of land and were bound toperform for their lord indefinite agricultural services and could bephysically recovered in case they left the land. Villeins were subjectto a lord's court and were not protected by the king's court.

The major types of freemen were: nobles, knights,ecclesiastics, Jews, and women. The nobles were the earls and barons.They did not have noble blood, but were tenants in chief of certainland by the king's will. The king consulted them and they obeyed hissummons and gave him counsel. They were entitled to be judged in casesof treason or felony, by their peers, that is, each other. Lower instatus are the knights. They were active in royal justice, makingthedecisions in the most important cases. Ecclesiatics were bishops;abbots; and monks, nuns, and friars, who had taken vows of poverty andobedience; and clergy. The difference between a monk and a friar was acloistered life versus an active life. Jews came to England after theConquest and were under the special protection of the king. All theyhad belonged to the king. A Jew could lend money for interest, whichwas disallowed for Christians. Jews were subject to the courts ofjustice, but could also settle their disputes by their own Hebrew law,They were expelled in 1290. Women could hold land, even by militarytenure, own chattels typically beasts and coins], make a will, make acontract, and could sue and be sued. They could give evidence in court,but could not be jurors or judges. Women who had husbands had to deferto them in certain property matters.

Nobles, doctors, and attorneys wore tunics to the ankle and anover-tunic almost as long, which was lined with fur and had longsleeves. 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 menreached 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 around hat tied on the top of her head. Over her tunic, she wore acloak. Monks and nuns wore long black robes with hoods.

Baron landholders' semi-fortified stone manor houses wereimproved and extended. Many had been licensed to be embattled orcrenelated [wall indented at top with shooting spaces]. They wereusually quadrangular around a central courtyard. The central andlargest room was the hall, where people ate and slept. The hall had ahearth for fire in the center of the room if the hall was one storyhigh. Sometimes the lord had a room with a sleeping loft above it. Ifthe hall was more than one story high, it had a fireplace at one end sothat the smoke could go up and out the roof. Other rooms each had afireplace. There were small windows around the top story and on theinside of the courtyard. They were usually covered with oiled paper.Windows of large houses were of opaque glass supplied by a glassmakingcraft. The glass was thick, uneven, distorted, and greenish in color.The walls were plastered. The floor was wood with some carpets. Roofswere timbered with horizontal beams. Many roofs had tiles supplied bythe tile craft, which baked the tiles in kilns or over an open fire.Because of the hazard of fire, the kitchen was often a separatebuilding, with a covered way connecting it to the hall. It had one ortwo open fires in fireplaces, and ovens. Sometimes there was a separateroom for a dairy.

Furniture included heavy wood armchairs for the lord and lady,stools, benches, trestle tables, chests, and cupboards. Outside was anenclosed garden with cabbages, peas, beans, beetroots, onions, garlic,leeks, lettuce, watercress, hops, herbs, nut trees for oil, someflowers, and a fish pond and well. Bees were kept for their honey.

The barons now managed and developed their estates to be asproductive as possible, often using the successful managementtechniques of church estates. They kept records of their fields,tenants, and services owed by each tenant, and duties of the manorofficers, such as supervision of the ploughing and harrowing. Annually,the manor's profit or loss for the year was calculated. Most manorswere self-supporting except that iron for tools and horseshoes and saltfor curing usually had to be obtained elsewhere. Wine, tar, canvas andmillstones were imports from other countries and bought at fairs, aswas fish, furs, spices, and silks. Sheep were kept in such largenumbers that they were susceptible to a new disease "scab". Every greathousehold was bound to give alms.

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

Husbandry land held in villeinage was inherited according tothe custom of its manor as administered in the lord's manorial court.(The royal courts had jurisdiction of land held in socage. i.e. freetenure.) The heir could be the oldest son, the youngest son, a sonchosen by the father to succeed him, or divided among the sons. Ifthere were no sons, one of the daughters inherited the land or it wasdivided among all the daughters. If there were no heirs, the land wentback to the lord. Land could not be sold or alienated so that the heirdid not inherit, without the consent of the lord. Manorial custom alsodetermined the manner of descent of goods and chattels. A common customfor a villein was that his best beast go to his lord as heriot and hissecond best beast go to the parish priest as mortuary. Then, afterdebts and burial expenses had been paid, a number of tools and utensilsneeded for husbandry and housekeeping went with the land to its heir.These were the "heirlooms", `loom" in old English meaning tool. Thisusually included, for a holding of more than 5 acres, a coulter, aplowshare, a yoke, a cart, an axe, a cauldron, a pan, a dish, and acask. Finally, the remaining goods and chattels went one-third to thewidow, one-third to his children except for the heir to the land, andone-third according to the deceased's last will and testament. A sonmight take his share before the death of his father in order to go outinto the world and seek his fortune, for instance in the church ormilitary, upon which event the father had to pay his lord a fine forhis son permanently leaving the manor. Many country boys became boundapprentices in nearby boroughs or farm laborers. Others marriedheiresses of land. By the custom of "curtesy of the nation", he heldthis land for his lifetime if he had a child born of the marriage, evenif his wife predeceased him. If a man remained on the family land, hehad no right to marry. Often, there were agreements over land holdingsthat were recorded in the manor books. For instance, it was common fora father or mother to hand his or her holding over to the heir inexchange for sustenance in old age. An heir usually did not marry untilafter receiving his land. Manorial custom determined whether a father'sconsent was necessary for a son or daughter to marry, the nature of anyagreement ("trothplight") between the families as to lands and goodsbrought to the marriage, the amount of her marriage portion, and theson's endowment (her "dower") of lands and goods promised to the brideat 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 alllands and tenements. At the next hallmote, if manorial custom requiredit, the son would pay a fine to his lord for entry onto the land andfor license to marry. From 1246, priests taught that betrothal andconsummation constituted irrevocable marriage.

Some villeins bought out their servitude by paying a substituteto do his service or paying his lord a firm (from hence, the words farmand farmer) sum to hire an agricultural laborer in his place. This madeit possible for a farm laborer to till one continuous piece of landinstead of scattered strips.

Looms were now mounted with two bars. Women did embroidery. Theclothing of most people was made at home, even sandals. The villagetanner and bootmaker supplied long pieces of soft leather for moreprotection than sandals. Tanning mills replaced some hand labor. Theprofessional hunter of wolves, lynx, or otters supplied head coverings.Every village had a smith and possibly a carpenter for construction ofploughs and carts. The smith obtained coal from coal fields for heatingthe 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 windmillswas changed by manual labor when the direction of the wind changed.

Most men wore a knife because of the prevalence of murder androbbery. It was an every day event for a murderer to flee to sanctuaryin a church, which would then be surrounded by his pursuers while thecoroner was summoned. Usually, the fugitive would confess, paycompensation, and agree to leave the nation permanently.

County courts were the center of decision-making regardingjudicial, fiscal, military, and general administrative matters. Thewrits for the conservation of the peace, directing the taking of theoath, the pursuit of malefactors, and the observance of watch and ward,were proclaimed in full county court; attachments were made inobedience to them in the county court. The county offices were:sheriff, coroner, escheator, and constable or bailiff. There were 28sheriffs for 38 counties. The sheriff was usually a substantiallandholder and a knight who had been prominent in the local court. Heusually had a castle in which he kept persons he arrested. He no longerbought his office and collected certain rents for himself, but was asalaried political appointee of the King. He employed a deputy orundersheriff, who was an attorney, and clerks. If there was civilcommotion or contempt of royal authority, the sheriff of the county hadpower to raise a posse of armed men to restore order. The coronerwatched the interests of the crown and had duties in sudden deaths,treasure trove, and shipwreck cases. There were about five coroners percounty and they served for a number of years. They were chosen by thecounty court. The escheator was appointed annually by the Treasurer toadminister the Crown's rights in feudal land, which until 1242 had beenthe responsibility of the sheriff. He was usually chosen from the localgentry. The constable and bailiff operated at the hundred and parish[the geographical area of a church's members] level to detect crime andkeep the peace. They assisted sheriffs and Justices of the Peace,organized watches for criminals and vagrants at the village level, andraised the hue and cry along the highway and from village to village inpursuit of offenders who had committed felony or robbery. Theconstables also kept the royal castles; they recruited, fed, andcommanded the castle garrison.

County knights served sheriffs, coroners, escheators, andjustices on special royal commissions of gaol-delivery. They sat injudgment in the county court at its monthly meetings, attended the twogreat annual assemblies when the lord, knights and freeholders of thecounty gathered to meet the itinerant justices who came escorted by thesheriff and weapon bearers. They served on the committees whichreviewed the presentments of the hundreds and village, and carried therecord of the county court to Westminster when summoned there by thekings' justices. They served on the grand assize. As electedrepresentatives of their fellow knights of the county, they assessedany taxes due from each hundred. Election might be by nomination by thesheriff from a fixed list, by choice, or in rotation. They investigatedand reported on local abuses and grievances. The King's justices andcouncil often called on them to answer questions put to them on oath.In the villages, humbler freeholders and sokemen were elected to assessthe village taxes. Six villeins answered for the village's offensesbefore the royal itinerant justice.

Reading and writing in the English language was taught. The useof English ceased to be a mark of vulgarity. In 1258 the firstgovernmental document was issued in English as well as in Latin andFrench, and later Latin started falling into disuse. Boys of noblemenwere 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 alsotaught riding and hawking. Grammar schools taught, in Latin, grammar,dialectic (ascertaining word meaning by looking at its origin, itssound (e.g. soft or harsh), its power (e.g. robust and strong sound),its inflection, and its order; and avoiding obscurity and ambiguity instatements), and rhetoric [art of public speaking, oratory, anddebate]. The teacher possessed the only complete copy of the Latintext, and most of the school work was done orally. Though books werefew and precious, the students read several Latin works. Girls and boysof high social position usually had private teachers for grammarschool, while boys of lower classes were sponsored at grammar schoolssuch as those at Oxford. Discipline was maintained by the birch or rod.

There was no examination for admission as an undergraduate toOxford, but a knowledge of Latin with some skill in speaking Latin wasa necessary background. The students came from all backgrounds. Somehad their expenses paid by their parents, while others had thepatronage of a churchman, a religious house, or a wealthy layman. Theystudied the "liberal arts", which derived its name from "liber" orfree, because they were for the free men of Rome rather than for theeconomic purposes of those who had to work. The works of Greek authorssuch as Aristotle were now available; the European monk Thomas Aquinashad edited Aristotle's works to reconcile them to church doctrine. Heopined that man's intellectual use of reason did not conflict with thereligious belief that revelation came only from God, because reason wasgiven to man by God. He shared Aristotle's belief that the earth was asphere, and that the celestial bodies moved around it in perfectcircles. Latin learning had already been absorbed without detriment tothe church.

A student at Oxford would become a master after graduating froma seven year course of study of the seven liberal arts: [grammar,rhetoric (the source of law), Aristotelian logic (which differentiatesthe true from the false), arithmetic, including fractions and ratios,(the foundation of order), geometry, including methods of finding thelength of lines, the area of surfaces, and the volume of solids, (thescience of measurement), astronomy (the most noble of the sciencesbecause it is connected with divinity and theology), music and alsoAristotle's philosophy of physics, metaphysics, and ethics; and thenlecturing and leading disputations for two years. He also had to writea thesis on some chosen subject and defend it against the faculty. AMaster's degree gave one the right to teach. Further study for fouryears led to a doctorate in one of the professions: theology and canonor civil law.

There were about 1,500 students in Oxford. They drank, playeddice, quarreled a lot and begged at street corners. There were mobfights between students from the north and students from the south andbetween students and townsmen. But when the mayor of Oxford hanged twostudents accused of being involved in the killing of a townswoman, manymasters and students left for Cambridge. In 1214, a charter created theoffice of Chancellor of the university at Oxford. He was responsiblefor law and order and, through his court, could fine, imprison, andexcommunicate offenders and expel undesirables such as prostitutes fromthe town. He had authority over all crimes involving scholars, exceptmurder and mayhem. The Chancellor summoned and presided over meetingsof the masters and came to be elected by indirect vote by the masterswho had schools, usually no more than a room or hall with a centralhearth which was hired for lectures. Students paid for meals there.Corners of the room were often partitioned off for private study. Atnight, some students slept on the straw on the floor. Six hours ofsleep were considered sufficient. In 1231, the king ordered that everystudent must have his name on the roll of a master and the masters hadto 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 werenot confined within the walls of a monastery. They walked barefoot fromplace to lace preaching. They begged for their food and lodgings. Theyreplaced monks, who had become self-indulgent, as the most vitalspiritual 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 livingarrangements of a Hall, with the addition of monastic-type rules. Awarden and about 30 scholars lived and ate meals together in thecollege buildings. Merton College's founding documents provided that:[1] "The house shall be called the House of the Scholars of Merton, andit shall be the residence of the Scholars forever.[2] There shall be a constant succession of scholars devoted to thestudy of letters, who shall be bound to employ themselves in the studyof Arts or Philosophy, the Canons or Theology. Let there also be onemember of the collegiate body, who shall be a grammarian, and mustentirely devote himself to the study of grammar; let him have the careof the students in grammar, and to him also let the more advanced haverecourse without a blush, when doubts arise in their faculty.[3] There is to be one person in every chamber, where Scholars areresident, of more mature age than the others, who is to make his reportof their morals and advancement in learning to the Warden[4] The Scholars who are appointed to the duty of studying in the Houseare 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 astheir leisure serves, at the canonical hours and celebration of masseson holy and other days.[6] The Scholars are to have a reader at meals, and in eating togetherthey are to observe silence, and to listen to what is read. In theirchambers, they must abstain from noise and interruption of theirfellows; and when they speak they must use the Latin language.[7] A Scrutiny shall be held in the House by the Warden and theSeniors, and all the Scholars there present, three times a year; adiligent inquiry is to be instituted into the life, conduct, morals,and progress in learning, of each and all; and what requires correctionthen is to be corrected, and excesses are to be visited with condignpunishment. . ."

Educated men (and those of the 1200s through the 1500s),believed that the earth was the center of the universe and that it wassurrounded by a giant spherical dome on which the stars were placed.The sun and moon and planets were each on a sphere around the earththat was responsible for their movements. The origin of the word"planet" meant "wanderer" because the motion of the planets changed indirection and speed. Astrology explained how the position of the starsand planets influenced man and other earthly things. For instance, theposition of the stars at a person's birth determined his character. Theangle and therefore potency of the sun's rays influenced climate,temperament, and changes of mortal life such as disease andrevolutions. Unusual events such as the proximity of two planets, acomet, an eclipse, a meteor, or a nova were of great significance. Astar 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, makewar, and take herbal medicine or be bled by leeches, the latter ofwhich was accompanied by religious ceremony. Cure was by God, withmedical practitioners only relieving suffering. But there were medicalinterventions such as pressure and binding were applied to bleeding.Arrow and sword wounds to the skin or to any protruding intestine werewashed with warm water and sewn up with needle and silk thread. Ribswere spread apart by a wedge to remove arrow heads. Fractured boneswere splinted or encased in plaster. Dislocations were remedied.Hernias were trussed. Bladder stones blocking urination were pushedback into the bladder or removed through an artificial opening in thebladder. Surgery was performed by butchers, blacksmiths, and barbers.

Roger Bacon, an Oxford master, began the science of physics. Heread Arab writers on the source of light rays being from the objectseen, the nature of refraction and reflection of light, and theproperties of lenses. He studied the radiation of light and heat. Hestudied angles of reflection in plane, spherical, cylindrical, andconical mirrors, in both their concave and convex aspects. He didexperiments in refraction in different media, e.g. air, water, andglass, and knew that the human cornea refracted light, and that thehuman eye lens was doubly convex. He comprehended the magnifying powerof convex lenses and conceptualized the combination of lenses whichwould increase the power of vision by magnification. He realized thatrays of light pass so much faster than those of sound or smell that thetime is imperceptible to humans. He knew that rays of heat and soundpenetrate all matter without our awareness and that opaque bodiesoffered resistance to passage of light rays. He knew the power ofparabolic concave mirrors to cause parallel rays to converge afterreflection to a focus and knew that a mirror could be produced thatwould start a fire at a fixed distance. These insights made it possiblefor jewelers and weavers to use lenses to view their work instead ofglass globes full of water, which distorted all but the center of theimage: "spherical aberration". The lens, whose opposite surfaces weresections of spheres, took the place of the central parts of the globeover the image.

He knew about magnetic poles attracting, if different andrepelling, if the same, and the relation of magnets' poles to those ofthe heavens and earth. He calculated the circumference of the world andthe latitude and longitude of terrestrial positions. He foresaw sailingaround the world. He studied the planetary motions and astronomicaltables to forecast future events. He did calculations on days in amonth and days in a year which later contributed to the legaldefinition of a leap year. His explanation of a rainbow as a result ofnatural laws was contrary to theological opinion that a rainbow wasplaced in the heavens to assure mankind that there was not to beanother universal deluge.

Bacon began the science of chemistry when he took the empiricalknowledge as to a few metals and their oxides and some of the principalalkalis, acids, and salts to the abstract level of metals as compoundbodies the elements of which might be separated and recomposed andchanged among the states of solid, liquid, and gas. When he studiedman's physical nature, health, and disease, he opined that theusefulness of a talisman was not to bring about a physical change, butto bring the patient into a frame of mind more conducive to physicalhealing. He urged that there be experiments in chemistry to developmedicinal drugs.

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

Bacon was an extreme proponent of the inductive method offinding truths, e.g. by categorizing all available facts on a certainsubject to ascertain the natural laws governing it. His contribution tothe development of science was abstracting the method of experimentfrom the concrete problem to see its bearing and importance as auniversal method of research. He advocated changing education toinclude studies of the natural world using observation, exactmeasurement, and experiments.

The making and selling of goods diverged e.g. as the clothmerchant severed from the tailor and the leather merchant severed fromthe butcher. These craftsmen formed themselves into guilds, whichsought charters to require all craftsmen to belong to the guild oftheir craft, to have legal control of the craft work, and be able toexpel any craftsman for disobedience. These guilds were composed ofmaster craftsmen, their journeymen, and apprentices. These guildsdetermined the wages and working conditions of the craftsmen andpetitioned 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 eachmaster craftsmen, and requiring a minimum number of years forapprenticeships. In return, these guilds assured quality control. Insome boroughs, they did work for the town, such as maintaining certaindefensive towers or walls of the town near their respective wards. Insome boroughs, fines for infractions of these regulations were splitbetween the guild and the government.

In some towns, the merchant guilds attempted to directlyregulate the craft guilds. Crafts fought each other. There was a streetbattle with much bloodshed between the goldsmiths and the parmentersand between the tailors and the cordwainers in 1267 in London. Therewas 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. Londonmerchants traveled throughout the nation with goods to sell exempt fromtolls. Most of the London aldermen were woolmongers, vintners,skinners, and grocers by turns or carried on all these branches ofcommerce at once. Jews were allowed to make loans with interest up to2d. a week for 20s. lent. There are three inns in London. Innstypically had narrow facades, large courtyards, lodging and refreshmentfor 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 lunaticinfirmary founded by the sheriff of London. Benefactors conveyed plotsof land with houses to the city for the benefit and use of theFranciscan friars who came to London as missionaries because thefriars' law forbade them from owning anything. The city held the landin trust for the beneficiaries, the friars. Only tiles were used forroofing in London, because wood shingles were fire hazards and fires inLondon had been frequent. Some areas near London are disclaimed by theking to be royal forest land, so all citizens could hunt there and tilltheir land there without interference by the royal foresters. TheSheriff's court in London lost its old importance and handled mainlytrespass and debt cases, while important cases went to the Hustings,which was presided over by the Mayor with the sheriffs and aldermen inattendance. From the early 1200s, the Mayor's Court took on the workwhich the weekly Husting could not manage. This consisted mostly ofassault and robbery cases. Murder and manslaughter cases were left tothe royal courts.

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

The Tower of London now had outer walls of fortress buildingssurrounded by a wide and deep moat, over which was one stone causewayand wooden drawbridge. Within this was an inner curtain wall withtwelve towers and an inner moat. The palace within was a principalresidence of English monarchs, whose retinue was extensive, includingthe 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 asthe Chamberlain of the Candles, Keeper of the Tents, Master Steward ofthe Larder, Usher of the Spithouse, Marshall of the Trumpets, Keeper ofthe Books, Keeper of the Dishes and of the Cups, and Steward of theButtery; and numbers of cat hunters, wolf catchers, clerks and limners,carters, water carriers, washerwomen and laundresses, chaplains,lawyers, archers, huntsmen, hornblowers, barbers, minstrels, guards andservitors, and bakers and confectioners. The fortress also contained agarrison, armory, chapels, stables, forge, wardrobe for a tailor'sworkroom and secure storage of valuable clothes, silver plate, andexpensive imports such as sugar, rice, almonds, dried fruits, cinnamon,saffron, ginger, galingale, zedoary, pepper, nutmeg, and mace. Therewas a kitchen with courtyard for cattle, poultry, and pigs; dairy,pigeon loft, brewery, beehives, fruit stores, gardens for vegetablesand herbs; and sheds for gardeners. There was also a mint, which minteda gold penny worth 2s. of silver, a jewel house, and a menagerie (withleopards, lions, a bear, and an elephant). The fortress also served asa state prison. Most prisoners there had opposed the royal will; theywere usually permitted to live in quarters in the same style they wereused to, including servants and visits by family and friends. Butoccasionally prisoners were confined in irons in dark and damp dungeons.

The King's family, immediate circle, and most distinguishedguests dined elegantly in the Great Hall at midday. They would firstwash their hands in hot water poured by servants over bowls. The tablehad 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 aleather sheath attached to a belt or girdle. A procession of servitorsbrought the many dishes to which the gentlemen helped the ladies andthe young their seniors by placing the food in scooped-out half-loavesof bread that were afterwards distributed to the poor. A wine cup washanded around the table. In the winter after dinner, there would oftenbe games of chess or dice or songs of minstrels, and sometimes dancing,juggler or acrobat displays, or storytelling by a minstrel. In thesummer there were outdoor games and tournaments. Hunting with hounds orhawks was popular with both ladies and gentlemen. The King would go tobed on a feather mattress with fur coverlet that was surrounded bylinen hangings. His grooms would sleep on trundle beds in the sameroom. The queen likewise shared her bedchamber with several of herladies sleeping on trundle beds. Breakfast was comprised of a piece ofbread and a cup of wine taken after the daily morning mass in one ofthe chapels. Sometimes a round and deep tub was brought into thebedchamber by servants who poured hot water onto the bather in the tub.Baths were often taken in the times of Henry III, who believed incleanliness and sanitation. Henry III was also noted for his luxurioustastes. He had a linen table cloth, goblets of mounted cocoa-nut, aglass cup set in crystal, and silk and velvet mattresses, cushions, andbolster. He had many rooms painted with gold stars, green and redlions, and painted flowers. To his sister on her marriage, he gavegoldsmith's work, a chess table, chessmen in an ivory box, silver pansand cooking vessels, robes of cloth of gold, embroidered robes, robesof scarlet, blue, and green fine linen, Genoese cloth of gold, twonapkins, and thirteen towels.

In the King's 1235 grant to Oxford, the Mayor and good men wereauthorized to take weekly for three years 1/2 d. on every cart enteringthe town loaded with goods, if it was from the county, or 1d. if itcame from outside the county; 1/4 d. for every horse load, except forbrushwood; 1/2 d. on every horse, mare, ox, or cow brought to sell; and1/2 d. for every five sheep, goats, or pigs.

English ships had one mast with a square sail. The hulls weremade 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 castlefrom which to shoot arrows down on other ships. There were no rowingoars, but steering was still by an oar on the starboard side of theship. The usual carrying capacity was 30 tuns [big casks of wine eachwith about 250 gallons]. On the coasts there were lights and beacons.Harbors at river mouths were kept from silting up. Ships were loadedfrom piers. The construction of London Bridge had just been finished.Bricks began to be imported for building. About 10% of the populationlived 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 andmortgages and debts, whoever owes them to them.

2. -Concerning their lands and tenures within the town, right shall bedone to them according to the custom of the city Winton.

3. -And of all their debts which are lent in Newcastle-on-Tyne and ofmortgages there made, pleas shall be held at Newcastle-on-Tyne.

4. -None of them shall plead outside the walls of the City ofNewcastle-on-Tyne on any plea, except pleas of tenures outside the cityand except the minters and my ministers.

5. -That none of them be distrained by any without the said city forthe repayment of any debt to any person for which he is not capitaldebtor or surety.

6. -That the burgesses shall be quit of toll and lastage [duty on aship's cargo] and pontage [tax for repairing bridges] and have passageback and forth.

7. -Moreover, for the improvement of the city, I have granted them thatthey shall be quit of year's gift and of scotale [pressure to buy aleat the sheriff's tavern], so that my sheriff of Newcastle-on-Tyne orany other minister shall not make a scotale.

8. -And whosoever shall seek that city with his merchandise, whetherforeigners or others, of whatever place they may be, they may comesojourn and depart in my safe peace, on paying - - the due customs anddebts, 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 ownlands, but takes money from the treasury. A tax of a percentage of 1/15the of personal property was levied in 1225 for a war, in return forwhich the king signed the Magna Carta. It was to be paid by alltenants-in-chief, men of the royal domain, burgesses of the boroughsand cities, clerical tenants-in-chief, and religious houses. Thepercentage tax came to be used frequently and ranged from about 1/40 thto 1/5 th. In 1294, this tax was bifurcated into one percentage amountfor the rural districts and a higher one for urban districts, becausethe burgesses had greater wealth and much of it was hard to uncoverbecause it was in the possession of customers and debtors. It wasusually 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 ofthe country.

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

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

While King Henry III was underage, there was much controversyas to who should be his ministers of state, such as justiciar,chancellor, and treasurer. This led to the concept that they should notbe chosen by the king alone. After he came of age, elected men from thebaronage fought to have meetings and his small council in severalconferences called great councils or parliaments (from French "to speakthe mind") to discuss the levying of taxes and the solution ofdifficult legal cases, the implementation of the Magna Carta, theappointment of the king's ministers and sheriffs, and the receipt andconsideration of petitions. The barons paid 1/30 the tax on theirpersonal property to have three barons of their choice added to thecouncil. Statutes were enacted. Landholders were given the duty ofelecting four of their members in every county to ensure that thesheriff observed the law and to report his misdemeanors to thejusticiar. They were also given the duty of electing four men from thecounty from whom the exchequer was to choose the sheriff of the year.Earl Montfort and certain barons forced King Henry III to summon agreat council or parliament in 1265 in which the common people wererepresented officially by two knights from every county, two burgessesfrom every borough, and two representatives from each major port. Sothe King's permanent small council became a separate body fromparliament and its members took a specific councilor's oath in 1257 togive faithful counsel, to keep secrecy, to prevent alienation ofancient demesne, to procure justice for the rich and poor, to allowjustice to be done on themselves and their friends, to abstain fromgifts and misuse of patronage and influence, and to be faithful to thequeen and to the heir.

The Law

The barons forced successive Kings to sign the Magna Cartauntil it became the law of the land. It became the first statute of theofficial statute book. Its provisions express the principle that a kingis bound by the law and is not above it. However, there is no redressif the king breaches the law.

The Magna Carta was issued by John in 1215. A revised versionwas issued by Henry III in 1225 with the forest clauses separated outinto a forest charter. The two versions are replicated together, withthe 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 ofNormandy 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 ofour soul, and the souls of our ancestors and heirs, to the honor ofGod, and the exaltation of Holy Church, and amendment of our realm, bythe 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, Jocelinof Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, Williamof Coventry, and Benedict of Rochester, Bishops; Master Pandulph, thepope's subdeacon and familiar; Brother Aymeric, Master of the Knightsof the Temple in England; and the noble persons, William Marshall, Earlof 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 ofPoitou, Hugh de Neville, Matthew Fitz-Herbert, Thomas Basset, AlanBasset, Philip Daubeny, Robert de Roppelay, John Marshall, JohnFitz-Hugh, and others, our liegemen:}

HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE OFNORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS, BISHOPS,ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, OFFICERS AND TO ALLBAILIFFS AND OTHER OUR FAITHFUL SUBJECTS WHICH SHALL SEE THIS PRESENTCHARTER, GREETING.

KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE SALVATIONOF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS OF ENGLAND, TO THEADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR REALM, OF OUR MERE ANDFREE WILL, HAVE GIVEN AND GRANTED TO ALL ARCHBISHOPS, BISHOPS, ABBOTS,PRIORS, EARLS, BARONS, AND TO ALL FREE MEN OF THIS OUR REALM, THESELIBERTIES 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 Charterconfirmed, for us and our heirs forever, that the English Church shallbe free and enjoy her whole rights and her liberties inviolable. {Andthat we will this so to be observed appears from the fact that we ofour own free will, before the outbreak of the dissensions between usand our barons, granted, confirmed, and procured to be confirmed byPope Innocent III the freedom of elections, which is considered mostimportant and necessary to the English Church, which Charter we willboth keep ourself and will it to be kept with good faith by our heirsforever.} We have also granted to all the free men of our realm, for usand our heirs forever, all the liberties underwritten, to have and tohold 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 byknight's service dies, and at the time of his death his heir is of fullage and owes to us a relief, he shall have his inheritance on paymentof [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 abaron of an entire barony, {100 pounds} 100 MARKS; the heir or heirs ofan entire knight's fee, 100s. at the most [about 1/3 of a knight'sannual income]; and he who owes less shall give less, according to theold 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 WARDOF 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 hisinheritance 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 AKNIGHT, YET NEVERTHELESS HIS LAND SHALL REMAIN IN THE KEEPING OF HISLORD 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 taketherefrom only reasonable issues, customs, and services, withoutdestruction or waste of men or goods. And if we commit the custody ofany such land to the sheriff or any other person answerable to us forthe issues of the same land, and he commits destruction or waste, wewill take an amends from him and recompense therefore. And the landshall be committed to two lawful and discreet men of that fee, whoshall be answerable for the issues of the same land to us or towhomsoever we shall have assigned them. And if we give or sell thecustody of any such land to any man, and he commits destruction orwaste, he shall lose the custody, which shall be committed to twolawful and discreet men of that fee, who shall, in like manner, beanswerable to us as has been aforesaid.

[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND OFBISHOPRICKS, ETC.]

The guardian, so long as he shall have the custody of the land, shallkeep up and maintain the houses, parks, fishponds, pools, mills, andother things pertaining thereto, out of the issues of the same, andshall restore to the heir when he comes of age, all his land stockedwith {ploughs and tillage, according as the season may require and theissues of the land can reasonably bear} PLOUGHS AND ALL OTHER THINGS,AT THE LEAST AS HE RECEIVED IT. ALL THESE THINGS SHALL BE OBSERVED INTHE CUSTODIES OF VACANT ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES,CHURCHES, AND DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCHCUSTODY SHALL NOT BE SOLD.

[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT]

Heirs shall be married without loss of station. {And the marriage shallbe 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 ofremaining in the mansion house of which her husband died seized). THEKING'S WIDOW, ETC.]

A widow, after the death of her husband, shall immediately and withoutdifficulty have her marriage portion [property given to her by herfather] and inheritance. She shall not give anything for her marriageportion, dower, or inheritance which she and her husband held on theday of his death, and she may remain in her husband's house for fortydays after his death, within which time her dower shall be assigned toher. IF THAT HOUSE IS A CASTLE AND SHE LEAVES THE CASTLE, THEN ACOMPETENT HOUSE SHALL FORTHWITH BE PROVIDED FOR HER, IN WHICH SHE MAYHONESTLY DWELL UNTIL HER DOWER IS ASSIGNED TO HER AS AFORESAID; AND INTHE MEANTIME HER REASONABLE ESTOVERS OF THE COMMON [NECESSARIES ORSUPPLIES SUCH AS WOOD], ETC.

No widow shall be compelled [by penalty of fine] to marry so long asshe has a mind to live without a husband, provided, however, that shegives security that she will not marry without our assent, if she holdsof 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 debtas long as the debtor's goods and chattels suffice to pay the debt ANDTHE DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. Nor shall thedebtor's sureties be distrained as long as the debtor is able to paythe debt. If the debtor fails to pay, not having the means to pay, ORWILL NOT PAY ALTHOUGH ABLE TO PAY, then the sureties shall answer thedebt. And, if they desire, they shall hold the debtor's lands and rentsuntil they have received satisfaction of that which they had paid forhim, unless the debtor can show that he has discharged his obligationto them.

{If anyone who has borrowed from the Jews any sum of money, great orsmall, dies before the debt has been paid, the heir shall pay nointerest on the debt as long as he remains under age, of whomsoever hemay hold. If the debt falls into our hands, we will take only theprincipal sum named in the bond.}

{And if any man dies indebted to the Jews, his wife shall have herdower and pay nothing of that debt; if the deceased leaves childrenunder age, they shall have necessaries provided for them in keepingwith the estate of the deceased, and the debt shall be paid out of theresidue, saving the service due to the deceased's feudal lords. Soshall 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 othercities, boroughs, towns, and ports shall have all their liberties andfree customs.

{No scutage or aid shall be imposed in our realm unless by commoncounsel thereof, except to ransom our person, make our eldest son aknight, and once to marry our eldest daughter, and for these only areasonable aid shall be levied. So shall it be with regard to aids fromthe City of London.}

{To obtain the common counsel of the realm concerning the assessment ofaids (other than in the three aforesaid cases) or of scutage, we willhave the archbishops, bishops, abbots, earls, and great baronsindividually summoned by our letters; we will also have our sheriffsand 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 afixed place. In all such letters of summons, we will explain the reasontherefor. After summons has thus been made, the business shall proceedon 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 aidupon his free men, except to ransom his person, make his eldest son aknight, and once to marry his eldest daughter, and on each of theseoccasions 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 feenor 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 aboutthe realm, but shall be heard in some certain place.

[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT FORDIFFICULTY]

{Land assizes of novel disseisin, mort d'ancestor and darreinpresentment shall be heard only in the county where the property issituated, and in this manner: We or, if we are not in the realm, ourChief Justiciary, shall send two justiciaries through each county fourtimes a year [to clear and prevent backlog], and they, together withfour knights elected out of each county by the people thereof, shallhold the said assizes in the county court, on the day and in the placewhere that court meets.}

ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN THECOUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE, OR IF WEARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND JUSTICIARIESTHROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER WITH KNIGHTS OF THATCOUNTY SHALL HOLD THE SAID ASSIZES IN THE COUNTY.

{If the said assizes cannot be held on the day appointed, so many ofthe knights and freeholders as were present on that day shall remain aswill be sufficient for the administration of justice, according to theamount of business to be done.}

AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, BEINGSENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE DETERMINED, SHALLBE ENDED BY THEM IN SOME OTHER PLACE IN THEIR CIRCUIT; AND THOSE THINGSWHICH 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 OURJUSTICES 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 smalloffense only according to the degree thereof, and for a serious offenseaccording to its magnitude, saving his position and livelihood; and inlike manner a merchant, saving his trade and merchandise, and a villeinsaving his tillage, if they should fall under our mercy. None of theseamercements shall be imposed except by the oath of honest men of theneighborhood.

Earls and barons shall be amerced only by their peers, and only inaccordance with the seriousness of the offense.

{No amercement shall be imposed upon a cleric's lay tenement, except inthe manner of the other persons aforesaid, and without regard to thevalue of his ecclesiastical benefice.}

NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH THESERIOUSNESS OF THE OFFENSE AND AFTER HIS LAY TENEMENT, BUT NOT AFTERTHE 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 THETIME OF KING HENRY [II] OUR GRANDFATHER, BY THE SAME PLACES AND IN THESAME BOUNDS AS IN HIS TIME.

[XVII. HOLDING PLEAS OF THE CROWN]

No sheriff, constable, coroners, or other of our bailiffs shall holdpleas of our Crown [but only justiciars, to prevent disparity ofpunishments and corruption].

{All counties, hundreds, wapentakes, and tithings (except our demesnemanors) 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 bailiffshow our letters patent [public letter from a sovereign or one inauthority] of summons for a debt due to us from the deceased, it shallbe lawful for such sheriff or bailiff to attach and list the goods andchattels of the deceased found in the lay fee to the value of thatdebt, by the sight and testimony of lawful men [to prevent taking toomuch], so that nothing thereof shall be removed therefrom until ourwhole debt is paid; then the residue shall be given up to the executorsto carry out the will of the deceased. If there is no debt due from himto 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 byhis 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 otherchattels of any man without immediate payment, unless the sellervoluntarily consents to postponement of payment. THIS APPLIES IF THEMAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS OF THESAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID TO HIM WITHIN40 DAYS.

[XX. DOING OF CASTLE-GUARD]

No constable shall compel any knight to give money for keeping of hiscastle in lieu of castle-guard when the knight is willing to perform itin person or, if reasonable cause prevents him from performing ithimself, by some other fit man. Further, if we lead or send him intomilitary service, he shall be excused from castle-guard for the time heremains 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 ourcastles 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 yearand a day [to remove the chattels and movables], after which they shallbe restored to the lords of the fees.

[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED]

All fishweirs [obstructing navigation] shall be entirely removed by theThames and Medway rivers, and throughout England, except upon theseacoast.

[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE]

The [royal] writ called "praecipe in capite" [for tenements held inchief of the Crown] shall not in the future be granted to anyonerespecting any freehold if thereby a freeman [who has a mesne lord] maynot 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 ofale, and one measure of grain, to wit, the London quarter, and onebreadth of dyed cloth, russets, and haberjets, to wit, two {ells} YARDSwithin 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 inquisitionupon life or limb, but it shall be granted freely and not denied.

[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'SSERVICE. PETTY SERJEANTY.]

If anyone holds of us by fee farm, socage, or burgage, and also holdsland of another by knight's service, we will not by reason of that feefarm, socage, or burgage have the wardship of his heir, or the landwhich belongs to another man's fee. Nor will we have the custody ofsuch fee farm, socage, or burgage unless such fee farm owe knight'sservice. We will not have the wardship of any man's heir, or the landwhich he holds of another by knight's service, by reason of any pettyserjeanty 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 unsupportedaccusation put any man to trial or oath without producing crediblewitnesses to the truth of the accusation.

[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE SOLDOR DELAYED.]

No freeman shall be taken, imprisoned, disseised OF HIS FREEHOLD ORLIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any wayruined, nor will we prosecute or condemn him, except by the lawfuljudgment 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 intoEngland, and to stay in and travel through England by land and water,to buy and sell, without evil tolls, in accordance with old and justcustoms, except, in time of war, such merchants as are of a country atwar 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 itbe known to us or our Chief Justiciary how our merchants are beingtreated in the country at war with us. And if our merchants are safethere, then theirs shall be safe with us.

{Henceforth anyone, saving his allegiance due to us, may leave ourrealm and return safely and securely by land and water, except for ashort 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 ofWallingford, Nottingham, Boulogne, {Lancaster,} or other escheats whichare in our hands and are baronies, his heir shall not give any reliefor do any service to us other than he would owe to the baron, if suchbarony had been in the baron's hands. And we will hold the escheat inthe same manner in which the baron held it. NOR SHALL WE HAVE, BYOCCASION OF ANY BARONY OR ESCHEAT, ANY ESCHEAT OR KEEPING OF ANY OF OURMEN, UNLESS HE WHO HELD THE BARONY OR ESCHEAT ELSEWHERE HELD OF US INCHIEF.

Persons dwelling outside the forest [in the county] need not in thefuture come before our justiciaries of the forest in answer to ageneral summons unless they are impleaded or are sureties for anyperson or persons attached for breach of forest laws.

[XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE LORD'SSERVICE]

NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS LAND, BUTSO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE FEE MAY HAVE THESERVICE DUE TO HIM WHICH BELONGS TO THE FEE.

{We will appoint as justiciaries, constables, sheriffs, or bailiffsonly 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 ofEnglish Kings or old tenure, shall have the custody of the same whenvacant, as is their due.

All forests which have been created in our time shall forthwith bedisafforested. {So shall it be done with regard to river banks whichhave been enclosed by fences in our time.}

{All evil customs concerning forests and warrens [livestock grounds inforests], foresters and warreners, sheriffs and their officers, orriverbanks and their conservators shall be immediately investigated ineach county by twelve sworn knights of such county, who are chosen byhonest men of that county, and shall within forty days after thisinquest be completely and irrevocably abolished, provided always thatthe matter has first been brought to our knowledge, or that of ourjusticiars, if we are not in England.}

{We will immediately return all hostages and charters delivered to usby Englishmen as security for the peace or for the performance of loyalservice.}

{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 allforeign knights, crossbowmen, sergeants, and mercenaries, who have comewith horses and arms, to the hurt of the realm.}

{If anyone has been disseised or deprived by us, without the legaljudgment of his peers, of lands, castles, liberties, or rights, we willimmediately restore the same, and if any disagreement arises on this,the matter shall be decided by judgment of the twenty- five baronsmentioned below in the clause for securing the peace. With regard toall those things, however, of which any man was disseised or deprived,without the legal judgment of his peers, by King Henry [II] our Fatheror our Brother King Richard, and which remain in our hands or are heldby others under our warranty, we shall have respite during the termcommonly allowed to the Crusaders, excepting those cases in which aplea 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 notundertake it, we will at once do full justice in these matters.}

{Likewise, we shall have the same respite in rendering justice withrespect to the disafforestation or retention of those forests whichHenry [II] our Father or Richard our Brother afforested, and concerningcustodies of lands which are of the fee of another, which we hithertohave held by reason of the fee which some person has held of us byknight's service, and to abbeys founded on fees other than our own, inwhich the lord of that fee asserts his right. When we return from ourpilgrimage, or if we do not undertake it, we will forthwith do fulljustice 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 thedeath of any person other than her husband [since no woman was expectedto personally engage in trial by combat].

[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN AND ALEET COURT (COURTS 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 SHALLANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN THE HUNDRED BUT TWICE INTHE 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 THEVIEW OF FRANKPLEDGE [THE RIGHT OF ASSEMBLING THE WHOLE MALE POPULATIONOVER 12 YEARS EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, ATTHE LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OFTHE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BELIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT EVERYMAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN THE TIMEOF 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 THATTHE SHERIFF SEEK NO OCCASIONS, AND THAT HE BE CONTENT WITH SO MUCH ASTHE SHERIFF WAS WONT TO HAVE FOR HIS VIEW-MAKING IN THE TIME OF KINGHENRY OUR GRANDFATHER.

[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN]

IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO ANYRELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF THE SAMEHOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE TEMPORAL LORD].NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO TAKE THE LANDS OFANY, AND TO LEASE THE SAME TO HIM OF WHOM HE RECEIVED IT. IF ANY FROMHENCEFORTH GIVE HIS LANDS TO ANY RELIGIOUS HOUSE, AND THEREUPON BECONVICTED, THE GIFT SHALL BE UTTERLY VOID, AND THE LAND SHALL ACCRUE TOTHE LORD OF THE FEE.

{All fines unjustly and unlawfully given to us, and all amercementslevied unjustly and against the law of the land, shall be entirelyremitted or the matter decided by judgment of the twenty-five baronsmentioned below in the clause for securing the peace, or the majorityof them, together with the aforesaid Stephen, Archbishop of Canterbury,if he himself can be present, and any others whom he may wish to bringwith him for the purpose; if he cannot be present, the business shallnevertheless proceed without him. If any one or more of the saidtwenty-five barons has an interest in a suit of this kind, he or theyshall step down for this particular judgment, and be replaced byanother 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, orother things, without legal judgment of their peers, in England orWales, they shall immediately be restored to them, and if adisagreement arises thereon, the question shall be determined in theMarches by judgment of their peers according to the law of England asto English tenements, the law of Wales as to Welsh tenements, the lawof the Marches as to tenements in the Marches. The same shall the Welshdo to us and ours.}

{But with regard to all those things of which any Welshman wasdisseised or deprived, without legal judgment of his peers, by KingHenry [II] our Father or our Brother King Richard, and which we hold inour hands or others hold under our warranty, we shall have respiteduring the term commonly allowed to the Crusaders, except as to thosematters whereon a suit had arisen or an inquisition had been taken byour command prior to our taking the cross. Immediately after our returnfrom our pilgrimage, or if by chance we do not undertake it, we will dofull justice according to the laws of the Welsh and the aforesaidregions.}

{We will immediately return the son of Llywelyn, all the Welshhostages, and the charters which were delivered to us as security forthe 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 sameas we would with regard to our other barons of England, unless itappears by the charters which we hold of William his father, late Kingof the Scots, that it ought to be otherwise; this shall be determinedby judgment of his peers in our court.}

[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF THEFOREST, GRANTED TO THE KING.]

ESCUAGE [SERVICE OF THE SHIELD, A TENURE IN KNIGHTS' SERVICE] FROMHENCEFORTH SHALL BE TAKEN AS IT WAS WONT TO BE IN THE TIME OF KINGHENRY [II] OUR GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS,ABBOTS, PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONSAS WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREECUSTOMS, WHICH THEY HAVE HAD IN TIME PASSED. AND ALL THESE CUSTOMS ANDLIBERTIES AFORESAID, WHICH WE HAVE GRANTED TO BE HELD WITHIN THIS OURREALM, AS MUCH AS PERTAINS TO US AND OUR HEIRS, WE SHALL OBSERVE.

{All the customs and liberties aforesaid, which we have granted to beenjoyed, as far as it pertains to us towards our people throughout ourrealm, let all our subjects, whether clerics or laymen, observe, as faras it pertains toward their dependents.}

AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS MUCHAS 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 OTHERCONSTRAINED IN OUR CHARTER OF LIBERTIES OF OUR FOREST, THE ARCHBISHOPS,BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, KNIGHTS, FREEHOLDERS, AND OUROTHER SUBJECTS, HAVE GIVEN UNTO US THE FIFTEENTH PART OF ALL THEIRMOVABLES. AND WE HAVE GRANTED UNTO THEM ON THE OTHER PART, THAT NEITHERWE, NOR OUR HEIRS, SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIESIN THIS CHARTER CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANYTHING BE PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT SHALL BEHAD OF NO FORCE NOR EFFECT.

[ENFORCEMENT]

{Whereas we, for the honor of God and the reform of our realm, and inorder the better to allay the discord arisen between us and our barons,have granted all these things aforesaid. We, willing that they beforever enjoyed wholly and in lasting strength, do give and grant toour subjects the following security, to wit, that the barons shallelect any twenty-five barons of the realm they wish, who shall, withtheir utmost power, keep, hold, and cause to be kept the peace andliberties which we have granted unto them and by this our presentCharter have confirmed, so that if we, our Justiciary, bailiffs, or anyof our ministers offends in any respect against any man, ortransgresses any of these articles of peace or security, and theoffense is brought before four of the said twenty-five barons, thosefour barons shall come before us, or our Chief Justiciary if we are outof the realm, declaring the offense, and shall demand speedy amends forthe same. If we or, in case of our being out of the realm, our ChiefJusticiary fails to afford redress within forty days from the time thecase was brought before us or, in the event of our having been out ofthe realm, our Chief Justiciary, the aforesaid four barons shall referthe matter to the rest of the twenty-five barons, who, together withthe commonalty of the whole country, shall distrain and distress us tothe utmost of their power, to wit, by capture of our castles, lands,and possessions and by all other possible means, until compensation ismade according to their decision, saving our person and that of ourQueen and children; as soon as redress has been had, they shall returnto their former allegiance. Anyone in the realm may take oath that, forthe accomplishment of all the aforesaid matters, he will obey theorders of the said twenty-five barons and distress us to the utmost ofhis power; and we give public and free leave to everyone wishing totake oath to do so, and to none will we deny the same. Moreover, allsuch of our subjects who do not of their own free will and accord agreeto swear to the said twenty-five barons, to distrain and distress ustogether with them, we will compel to do so by our command in theaforesaid manner. If any one of the twenty-five barons dies or leavesthe country or is in any way hindered from executing the said office,the rest of the said twenty-five barons shall choose another in hisstead, at their discretion, who shall be sworn in like manner as theothers. In all cases which are referred to the said twenty-five baronsto execute, and in which a difference arises among them, supposing themall to be present, or in which not all who have been summoned arewilling or able to appear, the verdict of the majority shall beconsidered as firm and binding as if the whole number had been of onemind. The aforesaid twenty-five shall swear to keep faithfully all theaforesaid articles and, to the best of their power, to cause them to bekept by others. We will not procure, either by ourself or any other,anything from any man whereby any of these concessions or liberties maybe revoked or abated. If any such procurement is made, let it be nulland 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, andmalice which has arisen between us and our subjects, both clergy andlaymen, during the disputes, to and with all men. Moreover, we havefully forgiven and, as far as it pertains to us, wholly pardoned to andwith all, clergy and laymen, all offenses made in consequence of thesaid disputes from Easter in the sixteenth year of our reign until therestoration of peace. Over and above this, we have caused letterspatent 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 Churchshall be free and all men in our realm shall have and hold all theaforesaid liberties, rights, and concessions, well and peaceably,freely, quietly, fully, and wholly, to them and their heirs, of us andour heirs, in all things and places forever, as is aforesaid. It ismoreover sworn, as will on our part as on the part of the barons, thatall these matters aforesaid shall be kept in good faith and withoutdeceit. Witness the above-named and many others. Given by our hand inthe meadow which is called Runnymede, between Windsor and Staines, onthe fifteenth day of June in the seventeenth year of our reign.}

THESE BEING WITNESSES: LORD S. ARCHBISHOP OF CANTERBURY, E. BISHOP OFLONDON, F. BISHOP OF BATHE, G. OF WINCESTER, H. OF LINCOLN, R. OFSALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. OF ELY, H. OF HEREFORD,R. OF CHICHESTER, W. OF EXETER, BISHOPS; THE ABBOT OF ST. EDMONDS, THEABBOT OF ST. ALBANS, THE ABBOT OF BELLO, THE ABBOT OF ST. AUGUSTINES INCANTERBURY, THE ABBOT OF EVESHAM, THE ABBOT OF WESTMINSTER, THE ABBOTOF BOURGH ST. PETER, THE ABBOT OF REDING, THE ABBOT OF ABINDON, THEABBOT OF MALMBURY, THE ABBOT OF WINCHCOMB, THE ABBOT OF HYDE, THE ABBOTOF CERTESEY, THE ABBOT OF SHERBURN, THE ABBOT OF CERNE, THE ABBOT OFABBOREBIR, THE ABBOT OF MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OFCIRENCESTER, H. DE BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W.EARL OF SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTERAND HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OFESSEX, H. DE BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. EARL OFHEREFORD, F. CONSTABLE OF CHESTER, G. DE TOS, H. FITZWALTER, R. DEBYPONTE, 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 DEMULTON, R. DE ARGENTEYN, G. DE NEVIL, W. DE MAUDUIT, F. DE BALUN, ANDOTHERS. GIVEN AT WESTMINSTER THE 11TH DAY OF FEBRUARY THE 9TH YEAR OFOUR REIGN.

WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID, CONFIRMAND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY, AND BYTHE TENOUR OF THESE PRESENTS, DO RENEW THE SAME; WILLING AND GRANTINGFOR US AND OUR HEIRS, THAT THIS CHARTER, AND ALL SINGULAR HIS ARTICLES,FOREVER SHALL BE STEADFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IFANY ARTICLE IN THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTUREHAS NOT BEEN KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROMHENCEFORTH FIRMLY THEY BE OBSERVED.

Felonies are serious crimes which can be punished by loss oflife or member. By common law, they now consist of homicide, mayhem,wounding, false imprisonment, arson, rape, robbery, burglary, andlarceny. A felon's lands go to his lord or to the king and his chattelsare confiscated. If a man accused of felony flies, he can be outlawed.Treason was a special felony, which was punishable by hanging afterbeing drawn behind a horse along the rough road to the gibbet. Pettytreason was treason to one's lord and included adultery with the lord'swife, violation of his daughter, and forgery of his seal. High treasonwas to the king and include clipping of the king's coin and makingcounterfeit money. A traitor's land was forfeited to the king. Treasonhad no benefit of clergy.

Statutes which were enacted after the Magna Carta follow:

Nuisance is recognized by this statute: "Every freeman, withoutdanger, 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 hisneighbors."

Anyone taking a widow's dower after her husband's death mustnot only return the dower, but pay damages in the amount of the valueof the dower from the time of death of the husband until her recoveryof seisin.

Widows may bequeath the crop of their ground as well of theirdowers as of their other lands and tenements.

Freeholders of tenements on manors shall have sufficientingress and egress from their tenements to the common pasture and asmuch pasture as suffices for their tenements.

"Grain shall not be taken under the pretense of borrowing orthe promise of after-payment without the permission of the owner."

"A parent or other who forcefully leads away and withholds, ormarries off, an heir who is a minor (under 14), shall yield the valueof the marriage and be imprisoned until he has satisfied the king forthe trespass. If an heir 14 years or older marries without his Lord'spermission to defraud him of the marriage and the Lord offers himreasonable and convenient marriage, without disparagement, then theLord shall hold his land beyond the term of his age, that, of twentyone years, so long that he may receive double the value of the marriageas estimated by lawful men, or after as it has been offered beforewithout fraud or collusion, and after as it may be proved in the King'sCourt. Any Lord who marries off a ward of his who is a minor and cannotconsent to marriage, to a villain or other, such as a burgess, wherebythe ward is disparaged, shall lose the wardship and all its profits ifthe ward's friends complain of the Lord. The wardship and profit shallbe converted to the use of the heir, for the shame done to him, afterthe disposition and provision of his friends." (The "marriage" could beannulled by the church.)

"If an heir of whatever age will not marry at the request ofhis Lord, he shall not be compelled thereunto; but when he comes ofa*ge, he shall pay to his Lord the value of the marriage beforereceiving his land, whether or not he himself marries."

"Interest shall not run against any minor, from the time ofdeath of his ancestor until his lawful age; so nevertheless, that thepayment of the principal debt, with the interest that was before thedeath of his ancestor shall not remain."

The value of debts to be repaid to the king or to any man shallbe reasonably determined by the debtor's neighbors and not bystrangers. A debtors' plough cattle or sheep cannot be taken to satisfya debt.

The wards and escheats of the king shall be surveyed yearly bythree people assigned by the King. The sheriffs, by their counsel,shall approve and let to farm such wards and escheats as they thinkmost profitable for the King. The Sheriffs shall be answerable for theissues thereof in the Exchequer at designated times. The collectors ofthe customs on wool exports shall pay this money at the two designatedtimes and shall make yearly accounts of all parcels in ports and allships.

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 grewand 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 andmeasures (such as ounces, pounds, gallons, bushels) included sacks ofwool, 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 forbread and ale were based on the market price for the wheat, barley, andoats 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 ofspoiled or unwholesome wine, meat, fish by brewers, butchers, or cooks;or a steward or bailiff receiving a bribe was reduced to placement in apillory with a shaven head so that these men would still be fit formilitary service and not overcrowd the gaols.

Forest penalties were changed so that "No man shall lose eitherlife or member [limb] for killing of our deer. But if any man be takenand convicted for taking our venison, he shall make a grievous fine, ifhe has anything. And if he has nothing to lose, he shall be imprisonedfor a year and a day. And after that, if he can find sufficientsureties, he shall be delivered, and, if not, he shall abjure the realmof England."

The Forest Charter provided that: Every freeman may allow hispigs to eat in his own wood in the King's forest. He may also drive hispigs through the King's forest and tarry one night within the forestwithout losing any of his pigs. But people having greyhounds must keepthem out of the forest so they don't maim the deer.

The Forest Charter also allowed magnates traveling through theKing's forest on the King's command to come to him, to kill one or twodeer as long as it was in view of the forester if he was present, orwhile having a horn blown, so it did not seem to be theft.

After a period of civil war, the following statutes wereenacted:

"All persons, as well of high as of low estate, shall receive justicein the King's Court; and none shall take any such revenge or distressby his own authority, without award of our court, although he isdamaged or injured, whereby he would have amends of his neighbor eitherhigher 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 todefraud a Lord of a wardship shall be void. A Lord who maliciously andwrongfully 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 ortakes possession away from an heir of age or removes anything from theland, he shall pay damages. (The king retained the right to takepossession of an heir's land for a year or, in lieu of this, to takeone year's profit from the land in addition to the relief.)

Kinsmen of a minor heir who have custody of his land held in socageshall make no waste, sale, nor destruction of the inheritance and shallanswer 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 takenby distraint out of the county where they have been taken.

"Farmers during their terms, shall not make waste, sale, nor exile ofhouse, woods, and men, nor of any thing else belonging to the tenementswhich they have to farm".

Church law required that planned marriages be publiclyannounced [banns]by the priest so that any impediment could be madeknown. If a marriage was clandestine or both parties knew of animpediment, or it was within the prohibited degrees of consanguinity,the children would be illegitimate. According to church rules, a mancould bequeath his personal property subject to certain family rights.These were that if only the wife survived, she received half theproperty. Similarly, if children survived, but no wife, they receivedhalf the property. When the wife and children survived, each partyreceived one third. The church hoped that the remaining fraction wouldgo to the church as a reward for praying for the deceased's soul. Ittaught that dying without a will was sinful. Adults were to confesstheir sins at least yearly to their parish priest, which confessionwould be confidential.

Ecclesiastical offenses included fornication, adultery, incest, andbigamy, for which the punishment was usually whipping or a moneypayment. Heresy and sorcery were so infrequent that there was nomachinery aptly suited for their suppression.

Henry de Bracton, a royal justice and the last greatecclesiastical attorney, wrote an unfinished treatise: A Tract on theLaws and Customs of England, systematizing and organizing the law ofthe court rolls with definitions and general concepts and describingcourt practice and procedure. It was influenced by his knowledge ofRoman legal concepts, such as res judicata, and by his own opinions,such as that the law should go from precedent to precedent. He alsoargued that the will and intent to injure was the essence of murder, sothat neither an infant nor a madman should be held liable for such andthat degrees of punishment should vary with the level of moral guilt ina killing. He thought the deodand to be unreasonable.

Bracton defines the requirements of a valid and effective gift,still applicable in 2000, as: "It must be complete and absolute, freeand uncoerced, extorted neither by fear nor through force. Let money orservice play no part, lest it fall into the category of purchase andsale, for if money is involved there will then be a sale, and ifservice, the remuneration for it. If a gift is to be valid the donormust be of full age, for if a minor makes a gift it will be ineffectivesince (if he so wishes) it shall be returned to him in its entiretywhen he reaches full age. Also let the donor hold in his own name andnot another's, otherwise his gift may be revoked. And let him, at theleast, be of sound mind and good memory, though an invalid, ill and onhis death bed, for a gift make under such conditions will be good ifall the other [requirements] of a valid gift are met. For no one,provided he is of good memory, ought to be kept from the administrationor disposition of his own property when affected by infirmity, since itis only then that he must make provision for his family, his householdand relations, given stipends and settle his bequests; otherwise suchpersons might suffer damage without fault. But since charters aresometimes fraudulently drawn and gifts falsely taken to be made whenthey are not, recourse must therefore be had to the country and theneighborhood so that the truth may be declared."

In Bracton's view, a villein could buy his own freedom and thechild of a mixed marriage was free unless he was born in the tenementof his villein parent.

Judicial Procedure

The Royal Court spawned several courts with differentspecialties and became more like departments of state than offices ofthe King's household. The justices were career civil servantsknowledgeable 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 primarily heard criminal cases and pleas ofthe Crown. Any use of force, however trivial, was interpreted as breachof the royal peace and could be brought before the King's Bench. Itsrecords were the coram rege rolls. The Court of Common Pleas primarilyheard civil cases brought by one subject against another. Pursuant tothe Magna Carta, it sat only at one place, the Great Hall inWestminster. It had concurrent jurisdiction with the King's Bench overtrespass cases. Its records were the de banco rolls. The Court of theExchequer with its subsidiary department of the Treasury was in almostpermanent session at Westminster, primarily collecting the Crown'srevenue and enforcing the Crown's rights. A department of the Exchequerwatched over the affairs of the Jews. There was no sharp line demarkingthe jurisdictions of these courts. No pleas could be brought againstthe king; rather a petition was addressed to him, which he would answerby an executive writ.

Appeals from these courts could be made to the king and/or hissmall council. In 1234, the justiciar as the principal royal executiveofficer and chief presiding officer over the Royal Court ended. In1268, a chief justiciar was appointed to hold pleas before the king.About the same time the presiding justice of the Court of Common Pleasalso came to be styled chief justice. Henceforth, a justiciar was aroyal officer who dealt only with judicial work. The justiciars were nolonger statesmen or politicians, but rather men learned in the law.

Membership in or attendance at the great council or parliamentno longer rested upon feudal tenure, but upon a writ of summons whichwas, to a degree, dependent on the royal will.

Crown pleas included issues of the King's property, fines dueto 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, unjustimprisonment, selling cloth by nonstandard widths, selling wine bynonstandard weights. Crown causes were pled by the king's serjeants orservants at law, who were not clerics. Apprentices at law learnedpleading from them.

Between the proprietary action and the possessory assizes thereis growing use in the king's courts of writs of entry, by which atenant may be ordered to give up land, e.g. by a recent flaw in atenant's title, for a term which has expired, by a widow for her latehusband's land, or by an heir who has become of full age from hisguardian. For instance: " …Command Tertius that … he render toClaimant, who is of full age, as it is said, ten acres …which heclaims to be his right and inheritance and into which the said Tertiushas no entry save by Secundus, to whom Primus demised [gaged] them, whohad only the wardship thereof while the aforesaid Claimant was underage, as he says…". But most litigation about land is still throughthe writ of right for proprietary issues and the assizes of noveldisseisin and mort d'ancestor for possessory issues. Actions for debt;covenant; and account, e.g by a lord to his bailiff and receiver of hismoney, were actions in the king's court.

Royal itinerant justices, who were members of the royal courts,traveled on eyre on regular circuits to the counties every seven years.They had an administrative function as well as a judicial function.They gave interrogatories to local assizes of twelve men to determinewhat had happened there since the last eyre. Information was aquired onroyal proprietary rights, escheats, wardships, treasury matters, andofficial misdoings of royal officers, sheriffs, coroners, and bailiffs,which could be dealt with in an administrative way. (Theseadministrative duties ceased in the first half of the 1300s.) Allboroughs had to send twelve burgesses who were to indict any burgessessuspected of breaking the royal law. Every crime, every invasion ofroyal rights, and every neglect of police duties was to be presentedand tried. Suspects were held in gaol until their cases could be heardand gaol breaks were common. Punishment after trial was prison forserious crimes, expulsion from the realm for less serious crimes, andpledges for good behavior for lesser crimes. Fines and amercements bothfor individual criminal offenses and local communities' faults broughtrevenue into the Exchequer as profits of justice. The king couldincrease fines and amercements or pardon a person found guilty. Thevisitation of these justices was anticipated with trepidation. In 1237,the residents of Cornwall hid in the woods rather than face theitinerant justices. (The court of the justices in eyre lasted until1971.)

Royal coroners held inquests on all sudden deaths to determinewhether 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 itinerantjustices operated at the county level. The traditional county courtshad lost much jurisdiction to the royal courts and were now limited topersonal actions in causes involving usually no more than 40s. Thegreat majority of cases had to do with 1) writ of right for recovery ofland, 2) the possessory assizes for the protection of possession, 3)debt for recovery of money owed, such as rent 4) detinue for detentionof a chattel, such as beasts and 5) convenant for breach of a contract,later to be limited to contracts under seal. There were also pleas oftrespass and claims of fugitive villeins and their goods, nuisances,and encroachments. The action of trespass had broken free of thecriminal law, which had been divided into the two categories of felonyand trespass. But then the field of tort began to separate itself fromthat of crime and the more serious trespasses remained criminal whilethe less serious attached themselves to the civil sphere.

The sheriff still constitutes and conducts the court, assisted byelected coroners. The earl of the county had little to do with itscourt except to take one-third of its profits of justice.The countycourt met every three or four weeks, usually in the sheriff's castlelocated in the chief borough of the county, but some met in the openair. It is attended by suitors, certain freeholders of the county whoare bound to attend it, that is, to do suit to it. They are the judgesof the court.

The hundred court decided cases of theft, viewing of boundariesof land, claims for tenurial services, claims for homage, relief, andfor wardship; enfeoffments made, battery and brawls not amounting tofelony, wounding and maiming of beasts, collection of debts, trespass,detinue, and covenant, which now requires a sealed writing; defamation,and inquiries and presentments arising from the assizes of bread andale and measures. The action of debt was used for five main purposes:1) money lent, 2) the price of goods sold, 3) arrears of rent due upona lease for years, 4) money due from a surety, and 5) a debt confessedby a sealed document. A paid bailiff had responsibility for the hundredcourt, which met every three weeks. Freeholders of these hundreds owesuit to it; these suitors are the judges.

Twice a year the sheriff visited each hundred in the county tohold a turn, a court for small offenses, such as encroachment of publicland, brewing and baking contrary to government regulations, and use ofdishonest weights and measures. Everyone who held freehold land in thehundred except the greater magnates had to attend or be fined forabsence. The sheriff annually viewed frankpledge, in which every laymanwithout land that could be forfeited for felony, including villeins,were checked for being in a tithing, a group of neighbors responsiblefor each other's good conduct. This applied to every boy who hadreached the age of twelve. He had to swear on the Bible "I will be alawful man and bear loyalty to our lord the King and his heirs, and Iwill be justiciable to my chief tithing man, so help me God and thesaints." Each tithing man paid a penny to the sheriff. The sheriff wasthe judge in his turn. Coordinate with the sheriff's turn was a leetcourt, which had private jurisdiction over the same small offences. Ifa county or a hundred court gave a false judgment, it had to pay a fine.

Manorial courts were those in which a lord had for his tenants.It was presided over by the lord, or his steward, who decided theoutcomes of cases, with or without the villeins attending it, based onthe customs of the manor. It had a civil jurisdiction, and dealttypically with land issues and minor offenses, such as, actions whenthe amount at stake is less than 40 s., of debt, detinue, trespass andcovenant. 40s. was the equivalent of around 13 oxen or 80 sheep.Usually, the lord's court had a single manor with a single vill.

The cities and boroughs, having a degree of organization andindependence, had municipal courts whose jurisdiction was determined byprivileges.given by charter from the king or by prescription of ancientorigin. Court was held by the sheriff, and after a time by its mayor,at the borough's weekly meeting of its burgesses. The burgesses wouldtake the profits of the court and the tolls and house-rents that hadbeen paid to the sheriff.

Still in existence is the old self-help law of hamsocne, thethief hand-habbende, the thief back-berend, the old summary procedurewhere the thief is caught in the act, AEthelstan's laws, and Edward theConfessor's laws. Under the name of "actio furti" [appeal of larceny]is the old process by which a thief can be pursued and goodsvindicated. As before and for centuries later, deodands were forfeitedto the king to appease God's wrath. These chattel which caused thedeath of a person were usually oxen, carts, cart teams, horses, boats,cauldrons, or millwheels. Then they were forfeited to the community,which paid the king their worth. Sometimes the justices named thecharitable purpose for which the deodand was to be spent, such as theprice of a boat to go to the repair of a bridge.

Five cases from a county court are:

1) "John Croc was drowned from his horse and cart in the water ofBickney. Judgment: misadventure. The price of the horse and cart is4s.6d. deodand."

2) "Willam Ruffus was crushed to death by a certain trunk. The priceof the trunk is 4d., for which the sheriff is to answer. 4d. deodand."

3) "William le Hauck killed Edric le Poter and fled, so he is -to beexacted and outlawed. He was in the tithing of Reynold Horloc inClandon of the abbot of Chertsey (West Clandon), so it is in mercy. Hischattels were 4 s., for which the bailiff of the abbot of Chertsey isto answer."

4) "Richard de Bregsells, accused of larceny, comes and denies thewhole and puts himself on the country for good or ill. The twelvejurors and four vills say that he is not guilty, -so he is quit."

5) William le Wimpler and William Vintner sold wine contrary to thestatute, so they are in mercy.

Other cases dealt with issues of entry, e.g. whether land wasconveyed or just rented; issues of whether a man was free, for whichhis lineage was examined; issues of to which lord a villein belonged;issues of nuisance such as making or destroying a bank, ditch, orhedge; diverting a watercourse or damming it to make a pool;obstructing a road, and issues of what grazing rights were conveyed inpasture land, waste, woods, or arable fields between harvest andsowing. Grazing right disputes usually arose from the ambiguouslanguage in the grant of land "with appurtenances".

Courts awarded specific relief as well as money damages. If alandlord broke his covenant to lease land for a term of years, thecourt restored possession to the lessee. If a lord did not perform theservices due to his superior lord, the court ordered him to perform theservices. The courts also ordered repair by a lessee.

Debts of country knights and freeholders were heard in thelocal courts; debts of merchants and burgesses were heard in the courtsof the fairs and boroughs; debts due under wills and testaments wereheard in the ecclesiastical courts. The ecclesiastical courts deemedmarriage to legitimize bastard children whose parents married, so theyinherited personal property and money of their parents. Proof was bycompurgation. Church law required excommunication to be in writing withthe reasons therefore, and a copy given to the excommunicant. A churchjudge was required to employ a notary or two men to write down all actsof the judge and to give a copy to the parties to protect againstunjust judges. No cleric was allowed to pronounce or execute a sentenceof death or to take part in judicial tests or ordeals. Anyone knowinglyaccepting 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 extremelyrare for it to take place. In the appeal of felony, when offeredcombat, a defendant could choose between combat and recourse to averdict of his neighbors.

The manor court imposed penalties on those who did not performtheir services to the manor and the lord wrote down the customs of themanor for future use in other courts.

By statute, no fines could be taken of any man for fairpleading in the Circuit of Justiciars, county, hundred, or manor courts.

Various statutes relaxed the requirements for attendance atcourt of those who were not involved in a case as long as there wereenough to make the inquests fully. And "every freeman who owes suit tothe county, tything, hundred, and wapentake, or to the Court of hisLord, may freely make his attorney attend for him." All above the rankof knight were exempted from attendance on the sheriff's turn, unlessspecifically summoned. Prelates and barons were generally excepted fromthe county courts by the charters of their estates. Charters ofboroughs often excepted their representatives at the county court whenthere were no justices. Some barons and knights paid the sheriff to beexcused. The king often relieved the simple knights by special license.There was frequently a problem of not having enough knights to hold theassizes. Henry III excused the attendance at hundred courts of all butthose who were bound to special service, or who were concerned in suits.

Trespass has become a writ of course in the common law. Itstill involves violence, but its element of breach of the peace extendsto those breaches which do not amount to felony. It can include assaultand battery, physical force to land, and physical force to chattels,e.g. assaulting and beating the plaintiff, breaking into his close, orcarrying off his goods. One found guilty is fined and imprisoned. As incriminal matters, if a defendant does not appear at court, his body canbe seized and imprisoned, and if he cannot be found, he may beoutlawed. Trespass to goods results in damages, rather than the returnof the goods.

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

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

2. Richard Guest gives 12d. and if he recovers will give 2s. to have ajury of twelve lawful men as to whether he has the greater right in acertain headland at Eastcot which Ragenilda widow of William Andrewsholds, or the said Ragenilda. Pledges for the fine, John Brook andRichard of Pinner. And the said Ragenilda comes and says that she hasno power to bring that land into judgment because she has no right init 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 lethim await [the heir's] full age.

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

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

5. Juliana Saer's daughter demands as her right the moiety of onemessuage with a croft, which messuage William Snell and Goda his wife,sister of the said Juliana hold. And they have made accord by leave [ofthe court] to the effect that the said William and Goda give to thesaid 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 saidcroft [a small enclosed field]. And the said William put himself inmercy. Fine, 12d.

6. Hugh of Stanbridge complains of Gilbert Vicar's son and William ofStanbridge that the wife of the said Gilbert who is of [Gilbert's]mainpast and the said William unjustly etc. beat and unlawfully struckhim and dragged him by his hair out of his own proper house, to hisdamage 40s. and to his dishonor 20s., and [of this] he produces suit.And Gilbert and William come and defend all of it fully. Therefore leteach of them go to his law six-handed. Afterwards they make accord tothis effect that in case the said Hugh shall hereafter in any manneroffend against [Gilbert and William] and thereof shall be convicted hewill 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, andthe others on their part will do the like by him. And Hugh put himselfin mercy. Fine, 3s. Pledges, John Tailor and Walter Brother.

7. Breakers of the assize [of beer:] William Idle (fined 6d.), maudcarter'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 whenward had been made. Fine, 12d.

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

12. Richard Love gives 12d. to have a jury of twelve touching a rod ofland which Robert of Brockhole and Juliana his wife hold. This actionis respited to the next court [when the jurors are to come] withoutfurther delay. Afterwards the jurors come and say upon their oath thatthe said Richard has the greater right in the said land. Therefore lethim have seisin.

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

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

15. It was presented that Robert Carter's son by night invaded thehouse of Peter Burgess and in felony threw stones at his door so thatthe said Peter raised the hue. Therefore let the said Robert becommitted 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 SirThomas the Chaplain and forcibly expelled thence a man and woman whohad been taken in there as guests. Therefore they are in mercy. Pledgesof the said Thomas, Richard of Lortemere and Jordan of Paris. Pledgesof the said Henry, Richard Pen…and Richard Butry.

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

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

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

20. From Ralph Joce 6s.8d. for his son, because he [the son] unlawfullycarried 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'splough 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 WilliamPafey.

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 twomarks and a half to have a jury of the whole court, to inquire whetherhe has the greater right in a virgate of land which Hugh Frith holds inwardship 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 theiroath that the said Richard has greater right in the said land thananyone else. Therefore let him recover his seisin.

32 -….Miller gives 2d. [the Latin translates as 4s.] for a trespassagainst the assize of beer and because the lord's grain has been illkept 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 thesaid Robert shall pay 3s. to the said Roger and 6s. to the said Gilbertand 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 ofBledlow, that he will not eloign himself from the lord's land and thathe 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 goodgovernment, practical wisdom, and genuine concern for justice foreveryone. He loved his people and wanted them to love him. He came tothe throne with twenty years experience governing lesser lands on thecontinent which were given to him by his father Henry III. He spokeLatin, English, and French. He gained a reputation as a lawgiver and asa peacemaker in disputes on the continent. His reputation was so highand agreement on him as the next king so strong that England waspeaceful in the almost two years that it took him to arrive there fromcontinental business. He was truthful, law-abiding, and kept his word.He had close and solid family relationships, especially with his fatherand with his wife Eleanor, to whom he was faithful. He was loyal to hisclose circle of good friends. He valued honor and adhered reasonablywell to the terms of the treaties he made. He was generous in carryingout the royal custom of subsidizing the feeding of paupers. He visitedthe sick. He was frugal and dressed in plain, ordinary clothes ratherthan extravagant or ostentatious ones. He disliked ceremony and display.

At his accession, there was a firm foundation of a national lawadministered by a centralized judicial system, a centralized executive,and an organized system of local government in close touch with boththe judicial and the executive system. To gain knowledge of his nation,he sent royal commissioners into every county to ask about anyencroachments on the King's rights and about misdeeds by any of theKing's officials: sheriffs, bailiffs, or coroners. The results werecompiled as the "Hundred Rolls". They were the basis of reforms whichimproved justice at the local as well as the national level. They alsorationalized the array of jurisdictions that had grown up with feudalgovernment. Statutes were passed by a parliament of two houses, that ofpeers (lords) and that of an elected [rather than appointed] commons,and the final form of the constitution was fixed.

A wife was expected to obey her husband. A husband was deemedthe guardian of his wife. If he starved or mistreated her, he wassubject to punishment by the church court, even excommunication ifnecessary. The king's court punished a husband who killed or maimed hiswife. The common law as to husband and wife took a final shape with sixbasic principles:1. A husband, but not the wife, could alienate his wife's land duringthe marriage, but not to take effect after his death, e.g. by will.2. A widow was entitled for her life a dower of one-third of any landby her husband.3. The husband can take possession of the wife's chattels and canalienate them during his life without her permission. He can sue forall debts due her without her permission. If he survives her, he isentitled to be administrator of her estate. She can make no willwithout his permission.4. The husband can give away all his chattels, except for her necessaryclothes and her jewelry and paraphernalia.5. The husband is liable for debts incurred or wrongs committed by hiswife even before their marriage.6. A wife cannot contract on her own behalf, but may purchase on creditcertain necessaries and household goods.

The church elaborated on these principles with a doctrine forwomen-covert, i.e. women under the protection or coverture of ahusband, and not living separately such as when a man went to sea or towar. She had a right to the necessities of life. Her jewelry, but nother apparel, could go to his creditors if his assets didn't cover hisdebts. The husband also had the right to the rents and profits from hiswife's real estate, but not the real estate itself, unless by the birthof a child he became tenant for life by courtesy. Only the father, butnot the mother had authority over their children. A father had a rightto his child's services, and could sue a third party for abducting,enticing away, or injuring the child, just as he could for hisservants. A husband was answerable for a wife's 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 beatingfor some misdemeanors. If she was a merchant when she married, shecould still sell her goods in the open market. There could be nodivorce, but only separation. If separated, she had a right to alimonyfrom him to maintain herself.

There were many conveyances of land to husband and wife andtheir heirs. This created a tenancy by the entirety. This land couldnot be alienated by only one spouse without the other. On the death ofone spouse, the surviving spouse became the sole tenant of the whole.

Wardships of children and widows were sought because they werevery profitable. A guardian could get one tenth of the income of theproperty during the wardship and a substantial marriage amount when theward married. Parents often made contracts to marry for their youngchildren. This avoided a forced marriage by a ward should the parentsdie.

Most earldoms and many baronages came into the royal house byescheat or marriage. The royal house employed many people. The baronsdeveloped a class consciousness of aristocracy and became leaders ofsociety. Many men, no matter of whom they held land, sought knighthood.The king granted knighthood by placing his sword on the head ofable-bodied and moral candidates who swore an oath of loyalty to theking and to defend "all ladies, gentlewomen, widows and orphans" and to"shun no adventure of your person in any war wherein you should happento be". A code of knightly chivalry became recognized, such as tellingthe truth and setting wrongs right. About half of the knights wereliterate. In 1278, the king issued a writ ordering all freeholders whoheld land of the value of at least 400s. to receive knighthood at theKing's hands.

At the royal house and other great houses gentlemanly joustingcompetitions, with well-refined and specific rules, took the place ofviolent tournaments with general rules. Edward forbade tournaments atwhich there was danger of a "melee". At these knights competed for theaffection of ladies by jousting with each other while the ladieswatched. Courtly romances were common. If a man convinced a lady tomarry him, the marriage ceremony took place in church, with feastingand dancing afterwards. Romantic stories were at the height of theirpopularity. A usual theme was the lonely quest of a knight engaged inadventures which would impress his lady.

Riddles include: 1. I will make you a cross, and a thing willnot touch you, and you will not be able to leave the house withoutbreaking that cross. Answer: Stand before a post in your house, withyour arms extended. 2. What you do not know, and I do not know, and noone can know after I have told you. Answer: I will take a straw fromthe floor of the room, measure its inches, tell you the length, andbreak the straw. 3. A pear tree bears all the fruit a pear tree canbear and did not bear pears. Answer: It bore only one pear.

The dress of the higher classes was very changeable and subjectto fashion as well as function. Ladies no longer braided their hair inlong tails, but rolled it up in a net under a veil, often topped withan elaborate and fanciful headdress. They wore non- functional longtrains on their tunics and dainty shoes. Men wore a long gown,sometimes clasped around the waist. Overtunics were often lined ortrimmed with native fur such as squirrel. People often wore solid red,blue, or green clothes. Only monks and friars wore brown. Theintroduction of buttons and buttonholes to replace pins and laces madeclothing warmer, and it could be made tighter. After Edward Iestablished the standard inch as three continuous dried barleycorns,shoes came in standard sizes and with a right one different from a leftone. The spinning wheel came into existence to replace the handheldspindle. Now one hand could be used to form the thread while the otherhand turned a large upright wheel that caused the thread to wind aroundthe spindle, which did not have to be held by hand. This resulted in anuninterrupted spinning motion which was not interrupted by alternatelyforming the thread and winding it on the spindle.

In the 1300s, there were extremes of fashion in men's andwomen's clothing including tight garments, pendant sleeves down to theground, coats so short they didn't reach the hips or so long theyreached the heels, hoods so small they couldn't cover the head, andshoes with long curved peaks like claws at the toes. Both men and womenwore belts low on the hips. The skirt of a lady's tunic was fuller andthe bodice more closely fitted than before. Her hair was usuallyelaborately done up, e.g. with long curls or curled braids on eitherside of the face. A jeweled circlet was often worn around her head.Ladies wore on their arms or belts, cloth handbags, which usuallycontained 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 onhis belt. Some women painted their faces and/or colored their hair.There were hand- held glass mirrors. Some people kept dogs purely aspets.

There was a great development of heraldic splendor with forinstance, crests, coat-armor, badges, pennons [long, triangular flag],and helmets. They descended through families. Not only was it a mark ofservice to wear the badge of a lord, but lords wore each other's badgesby 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 greatprelate had a household of about 100-200 people, among which were hisinner circle, companions, administrators, secretaries, bodyguards andarmed escort, chaplain, singing priests and choirboys, and servants.All officers of the household were gentlemen. The secretary was usuallya clerk, who was literate because he had taken minor clerical orders.Since the feudal obligation of the tenants was disappearing, a lordsometimes hired retainers to supplement his escort of fighting men.They proudly wore his livery of cloth or hat, which was in the natureof a uniform or badge of service. A nobleman and his lady had a circleof knights and gentlemen and their ladies. A knight had a circle ofgentlemen and their ladies.

The great barons lived in houses built within the walls oftheir castles. Lesser barons lived in semi-fortified manors, many ofwhich had been licensed to be embattled or crenelated. Their halls weretwo stories high, and usually built on the first rather than on thesecond floor. Windows came down almost to the floor. The hall had araised floor at one end where the lord and lady and a few others sat ata 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 smokeoutlet in the roof. The lord's bedroom was next to the hall on thesecond floor and could have windows into the hall and a spiralstaircase connecting the two rooms. There was a chapel, in which thelord attended mass every morning. The many knights usually lived inunfortified houses with two rooms.

In the great houses, there were more wall hangings, andornaments for the tables. The tables were lit with candles or torchesmade of wax. Plates were gold and silver. The lord, his lady, and theirfamily and guests sat at the head table, which was raised on a dais. Onthis high table was a large and elaborate salt cellar. One's place inrelationship to the salt cellar indicated one's status: above or belowthe salt. Also, those of higher status at the table ate a superiorbread. The almoner [alms giver] said grace. Gentlemen poured the lord'sdrink [cupbearer], served his meat [carver], and supervised the servingof the food [sewer]. A yeoman ewery washed the hands of the lord andhis guests and supplied the napkins, ewers [pitchers], and basins. Ayeoman cellarer or butler served the wine and beer. The yeoman of thepantry served the bread, salt, and cutlery. The steward presided overthe table of household officers of gentle birth. The marshall of thehall, clerk of the kitchen, or other yeomen officers supervised othertables. Salt and spices were available at all tables. Most people atewith their fingers, although there were knives and some spoons.Drinking vessels were usually metal, horn, or wood. A marshall andushers kept order. Minstrels played musical instruments or recitedhistories of noble deeds or amusing anecdotes. Reading aloud was afavorite pastime. The almoner collected the leftovers to distribute tothe poor.

In lesser houses people ate off trenchers [a four day old slabof coarse bread or a piece of wood with the middle scooped out like abowl], 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 ladyfrom the continent, fostered culture and rewarded individual literaryefforts, such as translations from Latin, with grants of her own money.She patronized Oxford and Cambridge Universities and left bequests topoor scholars there. She herself had read Aristotle and commentariesthereon, and she especially patronized literature which would givecross-cultural perspectives on subjects. She was kind and thoughtfultowards those about her and was also sympathetic to the afflicted andgenerous to the poor. She shared Edward's career to a remarkableextent, even accompanying him on a crusade. She had an intimateknowledge of the people in Edward's official circle and relied on theadvice of two of them in managing her lands. She mediated disputesbetween earls and other nobility, as well as softened her husband'stemper towards people. Edward granted her many wardships and marriagesand she arranged marriages with political advantages. She dealt withenvoys coming to the court. Her intellectual vitality and organizedmentality allowed her to deal with arising situations well. Edward heldher 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 thefields to pump water and by allowing villeins their freedom and hiringthem as laborers only when needed. Customary service was virtuallyextinct. A man could earn 5d. for reaping, binding, and shocking into apile, an acre of wheat. A strong man with a wife to do the bindingcould do this in a long harvest day. Harvests were usually plentiful,with the exception of two periods of famine over the country due toweather conditions. Then the price of wheat went way up and drove upthe prices of all other goods correspondingly. The story of outlawRobin Hood, who made a living by robbing, was passed around. This RobinHood did not give to the poor. But generally, there was enough grain tostore so that the population was no longer periodically devastated byfamine. The population grew and all arable land in the nation cameunder the plough. The acre was standardized. About 1300, the price ofan ox was 9s., a heifer or cow 7s., a hide 2s.6d., a cart horse 2 or 3pounds. Farm women went to nearby towns to sell eggs and dairyproducts, usually to town women.

Although manors needed the ploughmen, the carters and drivers,the herdsmen, and the dairymaid on a full-time basis, other tenantsspent increasing time in crafts and became village carpenters, smiths,weavers or millers' assistants. Trade and the towns grew. Smiths usedcoal in their furnaces.

Money rents often replaced service due to a lord, such as fishsilver, malt silver, or barley silver. The lord's rights are beinglimited to the rights declared on the extents [records showing servicedue from each tenant] and the rolls of the manor. Sometimes land isgranted to strangers because none of the kindred of the deceased willtake it. Often a manor court limited a fee in land to certain issueinstead of being inheritable by all heirs. Surveyors' poles markedboundaries declared by court in boundary disputes. This resulted insurvey maps showing villages and cow pastures.

The revival of trade and the appearance of a money economy wasundermining the long-established relationship between the lord of themanor and his villeins. As a result, money payments were supplementingor replacing payments in service and produce as in Martham, whereThomas Knight held twelve acres in villeinage, paid 16d. for it and14d. in special aids. "He shall do sixteen working days in August andfor every day he shall have one repast - viz. Bread and fish. He shallhoe ten days without the lord's food - price of a day 1/2 d. He shallcart to Norwich six cartings or shall give 9d., and he shall have forevery carting one leaf and one lagena - or gallon - of ale. Also forditching 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 hehas his own plough, and for every ploughing he shall have three loavesand nine herrings … For carting manure he shall give 2."

Another example is this manor's holdings, when 3d. would buyfood for a day: "Extent of the manor of Bernehorne, made on Wednesdayfollowing the feast of St. Gregory the Pope, in the thirty-fifth yearof the reign of King Edward, in the presence of Brother Thomas, keeperof Marley, John de la More, and Adam de Thruhlegh, clerks, on the oathof William de Gocecoumbe, Walter le Parker, Richard le Knyst, Richardthe son of the latter, Andrew of Estone, Stephen Morsprich, ThomasBrembel, William of Swynham, John Pollard, Roger le Glide, John Syward,and John de Lillingewist, who say that there are all the followingholdings:… John Pollard holds a half acre in Aldithewisse and owes18d. at the four terms, and owes for it relief and heriot. JohnSuthinton holds a house and 40 acres of land and owes 3s.6d. at Easterand Michaelmas. William of Swynham holds one acre of meadow in thethicket of Swynham and owes 1d. at the feast of Michaelmas. Ralph ofLeybourne holds a cottage and one acre of land in Pinden and owes 3s.at Easter and Michaelmas, and attendance at the court in the manorevery three weeks, also relief and heriot. Richard Knyst of Swynhamholds two acres and a half of land and owes yearly 4s. William ofKnelle 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 landnear Aldewisse and owes one goose of the value of 2d. The sum of thewhole 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 ofland, and owes yearly 2s. at Easter and Michaelmas; and he owes a co*ckand two hens at Christmas of the value of 4d. And he ought to harrowfor two days at the Lenten sowing with one man and his own horse andhis own harrow, the value of the work being 4d.; and he is to receivefrom the lord on each day three meals, of the value of 5d., and thenthe lord will be at a loss of 1d. Thus his harrowing is of no value tothe service of the lord. And he ought to carry the manure of the lordfor two days with one cart, with his own two oxen, the value of thework being 8d.; and he is to receive from the lord each day three mealsat the value as above. And thus the service is worth 3d. clear. And heshall find one man for two days, for mowing the meadow of the lord, whocan mow, by estimation, one acre and a half, the value of the mowing ofan acre being 6d.: the sum is therefore 9d. And he is to receive eachday three meals of the value given above. And thus that mowing is worth4d. clear. And he ought to gather and carry that same hay which he hascut, the price of the work being 3d. And he shall have from the lordtwo meals for one man, of the value of 1 1/2 d. Thus the work will beworth 1 1/2 d. clear. And he ought to carry the hay of the lord for oneday with a cart and three animals of his own, the price of the workbeing 6d. And he shall have from the lord three meals of the value of 21/2 d. And thus the work is worth 3 1/2 d. clear. And he ought to carryin autumn beans or oats for two days with a cart and three animals ofhis own, the value of the work being 12d. And he shall receive from thelord each day three meals of the value given above. And thus the workis worth 7d. clear. And he ought to carry wood from the woods of thelord as far as the manor, for two days in summer, with a cart and threeanimals of his own, the value of the work being 9d. And he shallreceive 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 fortwo days to cut heath, the value of the work being 4d., and he shallhave three meals each day of the value given above: and thus the lordwill lose, if he receives the service, 3d. Thus that mowing is worthnothing to the service of the lord. And he ought to carry the heathwhich he has cut, the value of the work being 5d. And he shall receivefrom the lord three meals at the price of 2 1/2 d. And thus the workwill be worth 2 1/2 d. clear. And he ought to carry to Battle, twice inthe summer season, each time half a load of grain, the value of theservice being 4d. And he shall receive in the manor each time one mealof the value of 2d. And thus the work is worth 2d. clear. The totals ofthe rents, with the value of the hens, is 2s.4d. The total of the valueof 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 atEaster and Michaelmas 2s. rent. And he shall do all customs just as theaforesaid John of Cayworth. William atte Grene holds a house and 30acres of land and owes in all things the same as the said John. Alanatte Felde holds a house and 16 acres of land (for which the sergeantpays to the court of Bixley 2s.), and he owes at Easter and Michaelmas4s., attendance at the manor court, relief, and heriot. JohnLyllingwyst holds a house and four acres of land and owes at the twoterms 2s., attendance at the manor court, relief, and heriot. The sameJohn holds one acre of land in the fields of Hoo and owes at the twoperiods 2s., attendance, relief, and heriot. Reginald atte Denne holdsa house and 18 acres of land and owes at the said periods 18d.,attendance, relief, and heriot. Robert of Northehou holds three acresof land at Saltcote and owes at the said periods attendance, relief,and heriot. Total of the rents of the villeins, with the value of thehens, 20s. Total of all the works of these villeins, 6s.10 1/2 d. Andit is to be noted that none of the above-mentioned villeins can givetheir daughters in marriage, nor cause their sons to be tonsured, norcan they cut down timber growing on the lands they hold, withoutlicence of the bailiff or sergeant of the lord, and then for buildingpurposes and not otherwise. And after the death of any one of theaforesaid villeins, the lord shall have as a heriot his best animal, ifhe had any; if, however, he have no living beast, the lord shall haveno heriot, as they say. The sons or daughters of the aforesaid villeinsshall give, for entrance into the holding after the death of theirpredecessors, as much as they give of rent per year. Sylvester, thepriest, holds one acre of meadow adjacent to his house and owes yearly3s. Total of the rent of tenants for life, 3s. Petronilla atte Holmeholds a cottage and a piece of land and owes at Easter and Michaelmas -; also, attendance, relief, and heriot. Walter Herying holds a cottageand a piece of land and owes at Easter and Michaelmas 18d., attendance,relief, and heriot. Isabella Mariner holds a cottage and owes at thefeast of St. Michael 12d., attendance, relief, and heriot. Jordan atteMelle holds a cottage and 1 1/2 acres of land and owes at Easter andMichaelmas 2s., attendance, relief, and heriot. William of Batelesmereholds one acre of land with a cottage and owes at the feast of St.Michael 3d., and one co*ck and one hen at Christmas of the value of 3d.,attendance, relief, and heriot. John le Man holds half an acre of landwith a cottage and owes at the feast of St. Michael 2s., attendance,relief, and heriot. Hohn Werthe holds one rood of land with a cottageand owes at the said term 18d., attendance, relief, and heriot.Geoffrey Caumbreis holds half an acre and a cottage and owes at thesaid term 18d., attendance, relief, and heriot. William Hassok holdsone 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 landand owes yearly at the feast of St. Michael 3s. for all. Roger Dogetholds half an acre of land and a cottage, which were those of R. themiller, 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 thesaid term 3s., attendance, relief, and heriot. Agnes of Cayworth holdshalf 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 thevalue of the hens, 34s.6d. And it is to be noted that all the saidcottagers shall do as regards giving their daughters in marriage,having their sons tonsured, cutting down timber, paying heriot, andgiving fines for entrance, just as John of Cayworth and the rest of thevilleins above mentioned." The above fines and penalties, with heriotsand reliefs, are worth 5s. yearly.

Often one village was divided up among two or more manors, sodifferent manorial customs made living conditions different among thevillagers. Villages usually had carpenters, smiths, saddlers,thatchers, carters, fullers, dyers, soapmakers, tanners, needlers, andbrassworkers. Each villein had his own garden in which to grow fruitand vegetables next to his house, a pig (which fattened more quicklythan other animals), strips in the common field, and sometimes anassart [a few acres of his own to cultivate as he pleased on originallyrough uncultivated waste land beyond the common fields and the enclosedcommon pastures and meadows]. Most villeins did not venture beyondtheir village except for about ten miles to a local shrine or greatfair 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, andpacksaddles. Early apothecaries might sell potions there. Men and womenlooking for other employment might attend to indicate theiravailability.

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

People told time by counting the number of rings of the churchbell, which rang on the hour. Every Sunday, the villagers went tochurch, which was typically the most elaborate and centrally locatedbuilding in the village. The parishioners elected churchwardens, whomight be women. This religion brought comfort and hope of going toheaven, rather than hell, after judgment by God at death if sin wasavoided or forgiven. On festival days, Bible stories, legends, andlives of saints were read or performed as miracle dramas. They learnedto avoid the devil, who was influential in lonely places like forestsand high mountains. At death, the corpse was washed, shrouded, and putinto a rectangular coffin with a cross on its lid. Priests sang prayersamid burning incense for the deliverance of the soul to God whileinterring the coffin into the ground. Men who did not make a willrisked the danger of an intestate and unconfessed death. The personalproperty of a man dying intestate now went to the church as a trust forthe 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 retainingthis protection.

A villein could be forever set free from servitude by his lordas 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 theConvent of the same place, eternal greeting in the Lord: Let all knowthat we have manumitted and liberated from all yoke of servitudeWilliam, the son of Richard of Wythington, whom previously we have heldas our born bondman, with his whole progeny and all his chattels, sothat neither we nor our successors shall be able to require or exactany 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 anyclaim on the part of us or our successors by reason of any servitudeforever.

We will, moreover, and concede that he and his heirs shall hold themessuages, land, rents, and meadows in Wythington which his ancestorsheld from us and our predecessors, by giving and performing the finewhich is called merchet for giving his daughter in marriage, andtallage from year to year according to our will, - that he shall haveand hold these for the future from us and our successors freely,quietly, peacefully, and hereditarily, by paying to us and oursuccessors yearly 40s. sterling, at the four terms of the year, namely:at St. John the Baptist's day 10s., at Michaelmas 10s., at Christmas10s., and at Easter 10s., for all service, exaction, custom, andsecular demand; saving to us, nevertheless, attendance at our court ofCastre every three weeks, wardship, and relief, and outside service ofour lord the King, when they shall happen. And if it shall happen thatthe said William or his heirs shall die at any time without an heir,the said messuage, land rents, and meadows with their appurtenancesshall return fully and completely to us and our successors. Nor will itbe allowed to the said William or his heirs to give, sell, alienate,mortgage, or encumber in any way, the said messuage, land, rents, andmeadows, or any part of them, by which the said messuage, land, rents,and meadows should not return to us and our successors in the formdeclared above. And if this should occur later, their deed shall bedeclared null, and what is thus alienated shall come to us and oursuccessors…

Given at Borough, for the love of Lord Robert of good memory, onceabbot, our predecessor and maternal uncle of the said William, and atthe instance of the good man, Brother Hugh of Mutton, relative of thesaid abbot Robert, A.D. 1278, on the eve of Pentecost."

Villeins who were released from the manorial organization bycommutation of their service for a money payment took the name of theircraft as part of their name, such as, for the manufacture of textiles,Weaver, Draper, Comber, Fuller, Napper, Cissor, Tailor, Textor; formetalwork, Faber, Ironmonger; for leatherwork, Tanner; for woodwork,building and carpentry, Carpenter, Cooper, Mason, Pictor; for foodproduction, Baker, Pistor. Iron, tin, lead, salt, and even coal wereproviding increasing numbers of people with a livelihood.

Many new boroughs were founded as grants of market rights bythe king grew in number. These grants implied the advantage of theKing's protection. In fact, one flooded town was replaced with a newtown planned with square blocks. It was the charter which distinguishedthe borough community from the other communities existing in thecountry. It invested each borough with a distinct character. Theprivileges which the charter conferred were different in differentplaces. It might give trading privileges: freedom from toll, a guildmerchant, a right to hold a fair. It might give jurisdictionalprivileges: a right to hold court with greater or less franchises. Itmight give governmental privileges: freedom from the burden ofattending the hundred and county courts, the return of writs, whichmeant the right to exclude the royal officials, the right to take theprofits of the borough, paying for them a fixed sum to the Crown orother lord of the borough, the right to elect their own officialsrather than them being appointed by the king or a lord, and the rightto provide for the government of the borough. It might give tenurialprivileges: the power to make a will of lands, or freedom from theright of a lord to control his tenants' marriages. It might giveprocedural privileges: trial by combat is excluded, and trial bycompurgation is secured and regulated. These medieval borough chartersare very varied, and represent all stages of development and all gradesof franchise. Boroughs bought increasing rights and freedoms from theirlord, who was usually the King.

In the larger towns, where cathedrals and public building werebuilt, there arose a system for teaching these technical skills andelaborate handicraft, wood, metal, stained glass, and stone work. A boyfrom the town would be bound over in apprenticeship to a particularcraftsman, who supplied him with board and clothing. The craftsmanmight also employ men for just a day. These journeymen were not part ofthe craftsman's household as was the apprentice. After a few years ofan apprenticeship, one became a journeyman and perfected his knowledgeof his craft and its standards by seeing different methods and resultsin various towns. He was admitted as a master of his trade to a guildupon presenting an article of his work worthy of that guild's standardof workmanship: his "masterpiece". Women, usually wives of brethrenonly, could be admitted. The tailors' guild and the skinners' guild areextant now.

When guilds performed morality plays based on Bible stories attown festivals, there was usually a tie between the Bible story and theguild's craft. For instance, the story of the loaves and fishes wouldbe performed by the Bakers' or Fishmongers' Guild. The theme of themorality play was the fight of the Seven Cardinal Virtues against theSeven Deadly Sins for the human soul, a life- long battle. The numberseven was thought to have sacred power; there were seven sacraments,seven churches in the Biblical Apocalypse, seven liberal arts and sevendevilish arts. The seven sacraments were: baptism, confirmation, Lord'sSupper, penance, orders, matrimony, and extreme unction.

A borough was run by a mayor elected usually for life. By beingmembers of a guild, merchant-traders and craftsmen acquired the legalstatus of burgesses and had the freedom of the borough. Each guildoccupied a certain ward of the town headed by an alderman. The townaldermen, who were unpaid, made up the town council, which advised themayor. The Mayor of London received 40 pounds for hospitality, but insmall towns, 20s. sufficed. Often there were town police, bailiffs,beadles [messengers], a town crier, and a town clerk. London officesincluded recorder, prosecutor, common sergeant, and attorneys. In thecenter of town were the fine stone houses, a guildhall with a belfrytower, and the marketplace - a square or broad street, where the towncrier made public announcements with bell or horn. Here too was theducking stool for scandalmongers and the stocks which held offenders bytheir legs and perhaps their hands to be scorned and pelted bybystanders with, for instance, rotten fruit and filth. No longer weretowns 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 in1319). There was a wall with four towers surrounding the White Tower,and this castle was known as the Tower of London. Another wall and amoat were built around it and it has reached its final form. Hovels,shops, and waste patches alternated with high walls and imposinggateways protecting mansions. The mansions had orchards, gardens,stables, brewhouses, bakeries, guardrooms, and chapels. London streetswere paved with cobbles and sand. Each citizen was to keep the streetin front of his tenement in good repair. Later, each alderman appointedfour reputable men to repair and clean the streets for wages. Therepair of Bishopsgate was the responsibility of the Bishop because hereceived one stick from every cart of firewood passing through it.Rules as to tiled roofs were enforced. A 1297 ordinance required alltaverns to close at curfew, an hour that fluctuated. Prostitutes wereexpelled from the city because the street with their bawdy houses hadbecome very noisy. Women huckster-retailers, nurses, servants, andloose women were limited to wearing hoods furred with lambskin orrabbitskin and forbidden to wear hoods furred with vair or miniver[grey or white squirrel] in the guise of good ladies. An infirmary forthe blind was founded by a mercer, who became its first prior.

The London mayoral elections were hotly fought over until in1285, when the aldermen began to act with the aid of an elected councilin each of the twenty-four wards, which decentralized the government ofthe city. Each ward chose certain of its inhabitants to be councilorsto the aldermen. This council was to be consulted by him and its adviceto be followed. In 1291, the aldermen for the first time included afishmonger. The Fishmongers were the only guild at this time, besidesthe Weavers, which had acquired independent jurisdiction by thetransfer of control of their weekly hallmote from a public official tothemselves. Craftsmen began to take other public offices too. By thereign of Edward II, all the citizens were obliged to be enrolled amongthe trade guilds. A great quarrel between the weaver's guild and themagistracy began the control of the city by the craft guilds or citycompanies. Admission to freedom of the city [citizenship] wascontrolled 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 tothe freedom of the city except on the security of six reputable men ofthat mistery or craft. No longer could one simply purchase citizenship.Apprentices had to finish their terms before such admission, and oftencould not afford the citizenship fee imposed on them. Only freemencould sell wares in the city, a custom of at least two hundred years.

As economic activity in London became more complex and on alarger scale in the 1200s, some craftsmen were brought under thecontrol of other crafts or merchants. The bakers fell under the controlof the wholesale grain dealers; the weavers became pieceworkers forrich cloth merchants; the blademakers and shearers were employed bycutlers; coppersmiths were controlled by girdlers; fullers werecontrolled by entrepreneurial dyers; and the painters, joiners, andlorimers were controlled by the saddlers. Guilds moved their meetingplaces from churches, which were now too small, to guild halls. Thecontrolling officers of the large guilds met at the Guildhall, whichbecame the seat of mayoral authority. London streets in existence bythis 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 commonin London. There was a street fight on a large scale in 1327 betweenthe saddlers and a coalition of joiners, painters, and lorimers (makersof metal work of saddles). Much blood was shed in the street battlebetween the skinners and the fishmongers in 1340. There was a cityordinance that no one except royal attendants, baronial valets, andcity officials were to go about armed. Disputes among neighbors thatwere brought to court included the use and upkeep of party walls,blocked and overflowing gutters, cesspits too close to a neighbor'sproperty, noisy tenants, loss of light, and dangerous or overhangingstructures.

In 1275, a goldsmith was chief assay-master of the King's mintand keeper of the exchange at London. The king gave the Goldsmiths'Company the right of assay [determination of the quantity of gold orsilver in an object] and required that no vessels of gold or silvershould leave the maker's hands until they had been tested by thewardens and stamped appropriately. In 1279, goldsmith WilliamFarrington bought the soke of the ward containing the goldsmiths'shops. It remained in his family for 80 years. A patent of 1327empowered the guild to elect a properly qualified governing body tosuperintend its affairs, and reform subjects of just complaint. It alsoprescribed, as a safeguard against a prevailing fraud and abuse, thatall members of the trade should have their standing in Cheapside or inthe King's exchange, and that no gold or silver should be manufacturedfor export, except that which had been bought at the exchange or of thetrade openly.

Some prices in London were: large wooden bedstead 18s., a smallbedstead 2s., a large chest for household items 2s., feather beds2-3s., 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 withinkhorn 4d., a skin of parchment 1d., 24 sheets of paper 6d, a carcassof beef 15s., a pig 4s., a swan 5s., and a pheasant 4s. There was aproblem with malefactors committing offenses in London and avoiding itsjurisdiction by escaping to Southwark across the Thames. So Southwarkwas given a royal charter which put it under the jurisdiction of Londonfor peace and order matters and allowed London to appoint its taxcollector. London forbade games being played because they had replacedpractice in archery, which was necessary for defense.

A royal inquiry into the state of the currency indicated muchfalsification and coin-clipping by the Jews and others. About 280 Jewsand many Englishmen were found guilty and hanged. The rest of the Jews,about 16,000, were expelled in 1290. This was popular with the publicbecause of the abuses of usury. There had been outbreaks of violencedirected at the Jews since about 1140. The king used Italian bankersinstead because he thought them more equitable in their dealings. Thelepers were driven out of London in 1276. Exports and imports were nolonger 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 sailscould be furled, the recently invented rudder, and a carrying capacityof up to 200 tuns [about one ton]. Many duties of sheriffs and coronerswere transferred to county landholders by commissions. In coastalcounties, there were such commissions for supervising coastal defenseand maintaining the beacons. Each maritime county maintained a coastguard, which was under the command of a knight. Ports hadwell-maintained harbors, quays, and streets. By 1306 there was anoffice of admiral of the fleet of the ships of the southern ports.

Women could inherit land in certain circ*mstances. Some tenantsholding land in chief of the king were women.

Regulation of trade became national instead of local. Trade wasrelatively free; almost the only internal transportation tolls werepetty portages and viages levied to recoup the expense of a bridge orroad which had been built by private enterprise. Responsibility for thecoinage was transferred from the individual moneyers working indifferent boroughs to a central official who was to become Master ofthe Mint. The round half penny and farthing [1/4 penny] were created sothat the penny needn't be cut into halves and quarters anymore.

Edward I called meetings of representatives from all social andgeographic sectors of the nation at one Parliament to determine taxesdue to the Crown that would replace feudal aids. He declared that "whattouches all, should be approved by all". He wanted taxes from theburgesses in the towns and the clergy's ecclesiastical property as wellas from landholders. He argued to the clergy that if barons had to bothfight and pay, they who could do no fighting must at least pay. Whenthe clergy refused to pay, he put them outside the royal protection andthreatened outlawry and confiscation of their lands. Then they agreedto pay and to renounce all papal orders contrary to the King'sauthority.

Edward I wanted to bring all his subjects undder hisimmediateaujthority by the process of bringing all together to the same assemblyunder his common presidency. So his Model Parliament of 1295 wascomposed of the three communities. The first were the lords, whichincluded seven earls and forty-one barons. Because of the increase oflesser barons due to a long national peace and prosperity, the lordsattending were reduced in numbers and peerage became dependent not onland tenure, but on royal writ of summons. The great barons were chosenby the king and received a special summons in their own names to thecouncil or Parliament. Others were called by a general summons. Thesecond community was the clergy, represented by the two archbishops,bishops from each of eighteen dioceses, and sixty-seven abbots. Thethird community was the commons. It was composed of two knights electedby the suitors who were then present at the county court, two burgesseselected by principal burgesses of each borough, and two representativesfrom each city. The country knights had a natural affinity with thetowns in part because their younger sons sought their occupation, wife,and estate there. Also, great lords recruited younger brothers ofyeoman families for servants and fighting men, who ultimately settleddown as tradesmen in the towns. The country people and the town peoplealso had a community of interest by both being encompassed by thecounty courts. The peasants were not represented in the county courtsnor in Parliament. One had to have land to be entitled to vote inParliament because the landowner had a stake in the country, a materialsecurity for his good behavior.

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

Edward's council was the highest tribunal. It comprised theChancellor, Treasurer and other great officers of state, the justicesof the three courts, the master or chief clerks of the Chancery, andcertain selected prelates and barons. The council assisted the king inconsidering petitions. Most petitions to the King were privategrievances of individuals, including people of no social rank, such asprisoners. Other petitions were from communities and groups, such asreligious houses, the two universities, boroughs, and counties. Thesegroups sometimes formed alliances in a common cause. Women sometimespetitioned. From 1293, the petitions were placed in four stacks forexamination by the King and council, by the Chancery, by the Exchequer,or by the justices. Many hours were spent hearing and answeringpetitions. From 1305, the petitions were presented to the king in fullParliament.

The king still exercised a power of legislation without a fullParliament. He might in his council issue proclamations. The ChiefJustices still had, as members of the king's council, a real voice inthe making of laws. The king and his justices might, after a statutehas been made, put an authoritative interpretation upon it. Royalproclamations had the same force as statutes while the king lived;sometimes there were demands that certain proclamations be madeperpetual by being embodied in statutes, e.g. fixing wages. There wasno convention that agreement or even the presence of representativeswas required for legislation. The idea that the present can bind theabsent and that the majority of those present may outvote the minoritywas beginning to take hold. Edward I's councilors and justices took anoath to give, expedite, and execute faithful counsel; to maintain,recover, increase, and prevent the diminution of, royal rights; to dojustice, honestly and unsparingly; to join in no engagements which maypresent the councilor from fulfilling his promise; and to take no giftsin 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 atthe Great Hall at Westminster located beside the royal palace. Londonpaid its representatives 10s. per day for their attendance atParliament. 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 theleft and the Archbishop of Canterbury on the right of the king. Justbelow and in front of the king his council sits on wool sacks broughtin for their comfort from wool stored nearby. It answers questions.Behind them on the wool sacks sit the justices, who may be called uponto give legal advice, e.g. in framing statutes. Then come the spiritualand lay barons, then the knights, and lastly the elected burgesses andcitizens. Lawmaking became a function of Parliament, of which theKing's council is a part, instead of a function of the king with hiscouncil and justices. The common people now had a voice in lawmaking,though legislation could be passed without their consent. The firstlegislation proposed by the commons was alteration of the forest lawsgoverning the royal pleasure parks. Such a statute was passed in abargain for taxes of a percentage of all movables, which were mostlyfoodstuffs and animals. The king offered to give up the royal right totax merchandise for a new tax: customs on exports. The barons andknights of the county agreed to pay an 11th, the burgesses, a 7th, andthe clergy a 10th on their other movables. In time, several boroughssought to be included in the county representation so they could paythe lower rate. This new system of taxation began the decline of theimposition of feudal aids, knights' fees, scutages, carucage, andtallage, which had been negotiated by the Exchequer with the reeves ofeach town, the sheriff and county courts of each county, and thebishops of each diocese.

The staple [depot or mart, from the French "estaple"] systembegan when the export of wool had increased and Parliament initiatedcustoms duties of 6s.8d. on every sack of wool, woolfells [sheepskinwith wool still on it], or skins exported in 1275. These goods had tobe assessed and collected at certain designated ports. Certain largewool merchants, the merchants of the staple, were allowed to have amonopoly on the purchase and export of wool. Imports of wine were taxedas tunnage as before, that is there was a royal right to take from eachwine 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 tobe read in cathedral churches as grants of Edward and all violatorswere to be excommunicated. He also agreed not to impose taxes withoutthe consent of Parliament after baronial pressure had forced him toretreat from trying to increase, for a war in France, the customs taxon every exported sack of wool to 40s. from the 6s. 8d. per sack it hadbeen since 1275. The customs tax was finally fixed at 10s. for everysack of wool, 2s. for each tun [casket] of wine, and 6d. for everypound's worth of other goods. The "tenths and fifteenths" tax levied onincome from movables or chattels became regular every year. Edward alsoconfirmed the Forest Charter, which called for its earlier boundaries.And he agreed not to impound any grain or wool or and like against thewill of the owners, as had been done before to collect taxes. Also, thespecial prises or requisitions of goods for national emergency were notto be a precedent. Lastly, he agreed not to impose penalties on twoearls and their supporters for refusing to serve in the war in Francewhen the king did not go.

The Magna Carta is the first statute. From 1299, statutes wererecorded in a Statute Roll as they were enacted.

By the end of the 1200s, the King's wardrobe, whereconfidential matters such as military affairs were discussed in hisbedroom, became a department of state with the King's privy seal. Thekeeper of the privy seal was established as a new office by Edward I in1318. The wardrobe paid and provisioned the knights, squires, andsergeants of the king and was composed mostly of civil servants. Ittraveled with the King. The Crown's treasure, plate, tents, hangings,beds, cooking utensils, wine, and legal and financial rolls werecarried on pack horses or in two-wheeled carts drawn by oxen, donkeys,or dogs. The people in the entourage rode horses or walked. The othertwo specialized administrative bodies were the Exchequer, whichreceived most of the royal revenue and kept accounts at Westminster,and the Chancery, which wrote royal writs, charters, and letters, andkept records.

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

There was a recoinage due to debasem*nt of the old coinage.This increased the number of coins in circulation. The price of wheatwent from about 7s. in 1270 to about 5s. per quarter in 1280. Also theprice of an ox went from 14s. to 10s. Then there were broad movementsof prices, within which there were wide fluctuations, largely due tothe state of the harvest. From 1280 to 1290, there was runawayinflation. In some places, both grain and livestock prices almostdoubled between 1305 and 1310. Wheat prices peaked at 15s.5d. a quarterin the famine year of 1316. In 1338, prices dropped and remained lowfor twenty years. The poor were hurt by high prices and the lords ofthe manors were hurt by low prices.

As before, inadequate care and ignorance of nutrition causedmany infant deaths. Accidents and disease were so prevalent that deathwas always near and life insecure. Many women died in childbirth.

Edward I always sought the agreement of Parliament beforeassembling an army or taking actions of war, and Parliamentary consentcame to be expected for such. He completed the conquest and annexationof Wales in 1284. The feudal army was summoned for the last time in the100 year war with France, which began in 1337. In it the Englishlongbow was used to pierce French knights' armor. There had been muchcompetition between the strength of arrows to pierce and the heavinessof armor to resist. Guns and cannon with gunpowder were introduced in1338. A system to raise an army by contract was developed. Contractswere made with nobles, knights, or esquires who undertook to enlist anagreed 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 militarycharacter as well as being a social rank.

After Edward I died in 1307, there was a period of generallawlessness and contests for power between earls and barons and theirresponsible King Edward II, who was not a warrior king. He eventuallywas assassinated. Also in 1307, Parliament required the king to obtainits consent for any exchange or alteration of the currency.

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

By 1326, scholars, the nobility, and the clergy had readingeyeglasses, which had been invented in Italy, probably by the glassblowers. Italy was famous for its glasswork. The first eyeglasses werefabricated by pouring molten glass into curved molds. The actual shapewas difficult to control because thermal expansion and contractionresulted in bubbles and other optical imperfections.

As of 1336, importing foreign cloth or fur, except for use bythe 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 woolexported.

Foreign cloth workers were allowed by statute to come to livein 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 reignof Edward III, Flanders weavers were encouraged to come to England toteach the English how to weave and finish fine cloth. A cloth industrygrew with all the manufacturing processes under the supervision of onecapitalist manufacturer, who set up his enterprise in the country toavoid the regulations of the towns. The best places were hilly areaswhere there were many streams and good pasture for flocks of sheep. Hehired shearers to cut the nap as short as possible to give a smoothsurface, then spinsters to card and spin the wool in their countrycottages, then weavers, and then fullers and dyers to come to fullingmills established near streams for their waterpower. Fulling becamemechanized as heavy wooden hammers run by water- power replaced feettrampling the cloth covered with soap or fuller's clay. The shaft loomwas a technological advance in weaving. This loom was horizontal andits frames, which controlled the lifting of the warp threads, couldeach be raised by a foot treadle. This left both hands free to throwand catch the shuttle attached to the weft thread from side to sidethrough the warp. Also many more weaving patterns became possiblethrough the use of different thread configurations on the frames.

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

In 1348, the Commons voted a tax of 1/15 th on movables forthree years with the proviso that it be spent only on the war againstScotland. This began the practice of appropriation of funds. In 1381,began the practice of appointing treasurers of the subsidies to accountto Parliament for both receipts and disbursem*nts.

Alien merchants were under the king's special protection. Inreturn for paying extra import and export duties, Edward III gave alienmerchants full rights of trade, travel, and residence in England freeof all local tolls and restrictions, and guaranteed a fair hearing oftheir 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 toproblems which came up in the courts. The changes improved theefficiency of justice and served to accommodate it to the changingcirc*mstances of the social system.

"No man by force of arms, malice or menacing shall disturbanyone in making free election [of sheriffs, coroners, conservators ofthe peace by freeholders of the county]."

"No city, borough, town, nor man shall be amerced withoutreasonable cause and according to the severity of his trespass. Thatis, every freeman saving his freehold, a merchant saving hismerchandise, 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 ofthe guardian, the value of the marriage will be lost and the wrongdoerimprisoned. If anyone marries off an heir over 14 years of age withoutthe consent of the guardian, the guardian shall have double the valueof the marriage. Moreover, anyone who has withdrawn a marriage shallpay the full value thereof to the guardian for the trespass and makeamends to the King. And if a lord refuses to marry off a female heir offull age and keep her unmarried because he covets the land, then heshall not have her lands more than two years after she reaches fullage, at which time she can recover her inheritance without givinganything for the wardship or her marriage. However, if she maliciouslyrefuses to be married by her lord, he may hold her land and inheritanceuntil she is the age of a male heir, that is, 21 years old and furtheruntil he has taken the value of the marriage.

Aid to make one's son a knight or marry off his daughter of awhole 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 knightuntil his son is 15 years old, nor to marry his daughter until she isseven year old.

The common law of inheritance for land has assumed its finalform with six rules. 1) A living descendant excludes his or her owndescendants. 2) A dead descendant is represented by his or her owndescendants. 3) Males exclude females of equal degree. 4) Among malesof equal degree, only the eldest inherits. 6) The rule that a deaddescendant is represented by his or her descendants overrides thepreference for the male sex. If there were no descendants, the landescheated to its lord.

By statute, a conveyance of land which is the inheritance of aminor child by his guardian or lord to another is void.

Dower shall not abate because the widow has received dower ofanother man unless part of the first dower received was of the sametenant and in the same town. But a woman who leaves her husband foranother man is barred from dower.

A tenant for a term of years who has let land from a landlordshall not let it lie waste, nor shall a landlord attempt to oust atenant for a term of years by fictitious recoveries.

When two or more hold wood, turfland, or fishing or other suchthing in common, wherein none knows his several, and one does wasteagainst the minds of the others, he may be sued.

Lands which are given to a man and his wife upon condition thatif they die without heirs, the land shall revert to the donor or hisheir, may not be alienated to defeat this condition.

If a man takes land in marriage with a wife, and she diesbefore him, the land will revert to the donor or his heir, unless thecouple has a child, in which case the husband will have the land by thecourtesy of the nation for his life before it reverts to the donor orhis heir.

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

A free tenant may alienate his land freely, but if thealienation was for an estate in fee simple [to a man and his heirs,with a full right of alienation by the man otherwise than on hisdeath], the person acquiring the land would hold of the land's lord andnot of the person alienating the land. (This halted the growth ofsubinfeudation and caused services as well as incidents of aids,relief, escheat, wardship, and marriage to go directly to the ChiefLord. It also advantaged the Crown as overlord, which then acquiredmore direct tenants.)

One may create an estate which will descend in unbrokensuccession down the line of inheritance prescribed in the original giftas long as that line should last, instead of descending to all heirs.This was called a "fee simple conditional" holding of land. Thesuccessive occupants might draw the rents and cut the wood, but on thedeath of each, his heir would take possession of an unencumberedinterest, unfettered by any liability for the debt of his ancestor orby any disposition made by him during his lifetime e.g. a wife's estatein dower or a husband's estate in courtesy. If there was no issue, itreverted to the original donor. This curtailed the advantage of tenantsof the greater barons who profited by increased wardships and reliefsfrom subinfeudation from subdivision and better cultivation of theirland while still paying the greater barons fixed sums. This statutethat protected reversionary estates incidentally established a systemof entails. This new manner of holding land: "fee tail", is in additionto the concepts of land held in fee simple and land held for life. Thedonor could give directions that an estate of inheritance go to a manor woman and certain classes of particular heirs rather than revertingto himself. A fee tail was often given to a man and the issue of hisbody. No donee or nor his heirs could alienate the land held in feetail.Interests in remainder or reversion of estates in land replacedthe lord's tenurial right to succeed to land by escheat if his tenantdies without heirs.

Anyone disseising another whereby he also robs him or usesforce and arms in the disseisin shall be imprisoned and fined. Theplaintiff shall recover seisin and damages.

"All must be ready at the command and summons of sheriffs, andat the cry of the country, to sue and arrest felons as necessary aswell within franchise as without." Otherwise, he shall be fined. A Lorddefaulting shall lose his franchise to the King. A Bailiff defaultingshall be imprisoned a year as well as fined, or be imprisoned two yearsif he cannot pay the fine. A sheriff, coroner, or any other bailiff whoconceals a felony will be imprisoned for a year and pay a fine, or beimprisoned 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 themilitary to fight on the borders when called. Desertion from the armyis punishable.

Accessories to a crime shall not be declared outlaw before theprincipal is proven guilty. (This made uniform the practice of thevarious counties.)

Only those imprisoned for the smaller offenses of a singleincidence of petty larceny, receipt of felons, or accessory to afelony, or some other trespass not punishable by life or limb shall belet out by sufficient surety. Prisoners who were outlawed or escapedfrom prison or are notorious thieves or were imprisoned for felonioushouse burning, passing false money, counterfeiting the King's seal,treason touching the king himself, or other major offenses or have beenexcommunicated by the church may not be released.

Killing in self-defense and by mischance shall be pardoned fromthe King's indictment. Killing by a child or a person of unsound mindshall be pardoned from the King's indictment. (But a private accusercan still sue.)

Any man who ravishes [abducts] any woman without her consent orby force shall have the criminal penalty of loss of life or limb. (Thecriminal penalty used to be just two years in prison.)

Trespasses in parks or ponds shall be punished by imprisonmentfor three years and a fine as well as paying damages to the wrongedperson. After his imprisonment, he shall find a surety or leave thenation.

"Forasmuch as there have been often times found in the countrydevisors of tales, where discord, or occasion of discord, has manytimes arisen between the King and his people, or great men of thisrealm; 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 newsor tales, whereby discord or occasion of discord or slander may growbetween the King and his people, or the great men of the realm." Anyonedoing so shall be imprisoned until he brings into the court the firstauthor of the tale.

A system of registration and enforcement of commercialagreements was established by statute. Merchants could obtain a writingof a debt sealed by the debtor and authenticated by royal seal or aseal of a mayor of certain towns, and kept by the creditor. Failure topay a such a debt was punishable by imprisonment and, after threemonths, the selling of borough tenements and chattels and of countylands. During the three months, the merchant held this property in anew tenure of "statute merchant". (Prior to this, it was difficult fora foreign merchant to collect a debt because he could not appear incourt which did not recognize him as one of its proper "suitors" orconstituents, so he had to trust a local attorney. Also, the remedy wasinadequate because the history of the law of debt was based on debt asa substitute for the blood feud, so that failure to pay meant slaveryor death. Also a debtor's land was protected by feudal custom, whichwas contrary to the idea of imposing a new tenant on a lord.)

"In no city, borough, town, market, or fair shall a person ofthe realm be distrained for a debt for which he is not the debtor orpledge."

Anyone making those passing with goods through theirjurisdiction answer to them in excess of their jurisdiction shall begrievously amerced to the King.

No market town shall take an outrageous toll contrary to thecommon custom of the nation.

Since good sterling money has been counterfeited with base andfalse metal outside the nation and then brought in, foreigners found inthe nation's ports with this false money shall forfeit their lives.Anyone bringing money into the nation must have it examined at his portof entry. Payments of money shall be made only by coin of theappropriate weight delivered by the Warden of the Exchange and markedwith the King's mark. (A currency exchange was established at Dover forthe 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 locallyby local inspectors. Now, the Crown appointed royal officers for thegauge of wines and measurement of cloths. Edicts disallowed middlemenfrom raising prices against consumers by such practices as forestalling[intercepting goods before they reached the market and then resellingthem] or engrossing [buying a large supply of a commodity to drive upthe price] and price regulation was attempted. For instance, priceswere set for poultry and lamb, in a period of plenty. Maximum priceswere set for cattle, pigs, sheep, poultry, and eggs in 1314, but theseprices were hard to enforce. In London examples of prices set are: besthen 3d.2q., best wild goose 4d., best hare 4d., best kid 10d., bestlamb 4d., best fresh herrings 12 for 1d., best pickled herrings 20 for1d., best haddock 2d., best fresh salmon 3s.

Freemen may drive their swine through the King's demesne Forestto feed in their own woods or elsewhere. No man shall lose his life orlimb for killing deer in the Forest, but instead shall be grievouslyfined or imprisoned for a year.

The Forest Charter allowed a man to cut down and take wood fromhis own woods in the King's forest to repair his house, fences, andhedges. He may also enclose his woods in the King's forest with fencesand hedges to grow new trees and keep cattle and beasts therefrom.After seven years growth of these new trees, he may cut them down forsale with the King's permission.

Each borough has its own civil and criminal ordinances andpolice jurisdiction. Borough courts tended to deal with more laws thanother local courts because of the borough's denser populations, whichwere composed of merchants, manufacturers, and traders, as well asthose engaged in agriculture. Only borough courts have jurisdictionover fairs. In some boroughs the villein who resides for a year and aday becomes free, a right first given by Henry II in his charter forNottingham. There are special ordinances relating to apprentices. Thereare sometimes ordinances against enticing away servants bound byagreement to serve another. The wife who is a trader is regarded inmany places as a feme sole [single woman rather than a woman covert,who was under the protection of a husband]. There may be specialordinances as to the liability of masters for the acts of theirapprentices and agents, or as to brokers, debt, or earnest moneybinding a bargain. The criminal and police jurisdiction in the boroughwas organized upon the same model as in the country at large, and wascontrolled by the King's courts upon similar principles, though thereare some survivals of old rules, such as mention of the bot and thewer. The crimes committed are similar to those of the country, such asviolence, breaches of the assize of bread and beer, stirring up suitsbefore the ecclesiastical courts, digging up or obstructing thehighway, not being enrolled in a tithing, encroachments upon orobstructions of rights of common. The most striking difference with thecountry at large are the ordinances on the repair or demolition ofbuildings, 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, fraudulentweights and measures, fraud in buying and selling, forestalling orregrating [buying in one market to resell in another market], acting ina way likely to endanger the liberties of the borough, usury, tradingwithout being a citizen, assisting other unlicensed persons to trade,unlawfully forming a guild, complaints against various guilds in whichtrade might be organized. Since the ordinances were always liable to becalled in question before the King's courts, they tended to becomeuniform and in harmony with the principles of the common law. Also,trading between boroughs kept them knowledgeable about each other'scustoms and conditions for trade, which then tended to standardize.Boroughs often had seals to prove communal consent and tended to act asa corporate body.

Borough ordinances often include arson such as this one: "Andif a street be set on fire by any one, his body shall be attached andcast into the midst of the fire." Robbery by the miller was speciallytreated by an ordinance that "And if the miller be attainted [foundguilty] 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 firstoffense of making false bread a forfeiture of that bread. For thesecond offense was prescribed imprisonment, and for the third offenseplacement in the pillory. A London ordinance for millers who causedbread to be false prescribed for them to be carried in a tumbrel cartthrough certain streets, exposed to the derision of the people.

By statute, no one may make a gift or alienation of land to thechurch. 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 landgiven to them by the king or other patrons because such gifts were forthe sake of someone's soul. An attempt to do so will cause the land torevert to the donor or his heir. If the church did not say the prayersor do the other actions for which land was given to it, the land willrevert to the donor or his heir. Land may not be alienated to religiousbodies in such a way that it would cease to render its due service tothe King. (The church never died, never married, and never hadchildren.) The church shall send no money out of the nation. (Thisstatute of mortmain was neutralized by collusive lawsuits in which theintended grantor would sue the intended grantee claiming superior titleand then would default, surrendering the land to the intended granteeby court judgment.)

"Concerning wrecks of the sea, where a man, a dog, or a catescape alive out of the ship, that such ship nor barge nor anythingwithin them shall be deemed wreck, but the goods shall be saved andkept by view of the Sheriff, Coroner, or the King's Bailiff". If anyoneproves the goods were his within a year and a day, they shall berestored to him without delay. Otherwise, they shall be kept by theKing. "And where wreck belongs to one other than the King, he shallhave it in like manner". If he does otherwise, he shall be imprisonedand pay damages and fine.

Some statutes applied only to Kent County, which had a uniqueposition between London and the continent. Money flowed between Englandand the continent through Kent. So Kent never developed a manorialsystem of land holding, but evolved from a system of clans andindependent villages directly into a commercial system.

In Kent, all men are free and may give or sell their lands withoutpermission of their lords, as before the Conquest.

One could sell or give away his land without the consent ofone's lord. The services of the land, however, could only be sold tothe 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. Theeldest brother has his choice of portion, then the next oldest, etc.The goods of a deceased person were divided into three parts after hisfuneral expenses and debts were paid. One third went to the survivingspouse. One third went to the deceased's sons and daughters. One thirdcould 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 anheir was under 15 years old, his next of kin to whom inheritance couldnot descend was to be his guardian. A wife who remarried or bore achild lost her dower land. A husband lost his dower if he remarried. Ifa tenant withheld rent or services, his lord could seek award of courtto find distress on his tenement and if he could find none, he couldtake the tenement for a year and a day in his hands without manuringit. It the tenant paid up in this time, he got the tenement back. If hedidn't within a year and a day, however, the lord could manure theland. A felon forfeited his life and his goods, but not his lands ortenements. A wife of a felon had the dower of one half or her husband'slands and tenements.

The common law recognized the tort of false imprisonment if aman arrested as a felon, a person who was not a felon.

Judicial Procedure

The highest court was the king and his council in Parliament.It heard the most important causes, important because they concern theking, or because they concern very great men (e.g. treason), or becausethey involve grave questions of public law, or because they areunprecedented. It has large, indefinite powers and provides newremedies for new wrongs. The office of great justiciar disappears andthe Chancellor becomes the head of the council. The Chancellor headsthe Chancery, which is the secretarial department of the Royal Court. Alitigant could not proceed without first obtaining a writ fromChancery. The Chancellor could form new writs.

After the council were the royal courts of the King's Bench, CommonPleas, and the Exchequer, which had become separate, each with its ownjustices and records. The Court of Common Pleas had its own ChiefJustice and usually met at Westminster. This disadvantaged the smallfarmer, who would have to travel to Westminster to present a case. TheKing's Council maintained a close connection with the Court of theKing's Bench, which heard criminal cases and appeals from the Court ofCommon Pleas. It traveled with the King. There were many trespass casesso heard by it in the reign of Edward I. The King's Council did a greatdeal of justice, for the more part criminal justice. It was supportedby the populace because it dealt promptly and summarily with rebellionor some scandalous acquittal of a notorious criminal by bribed orpartial jurors, and thereby prevented anarchy. Its procedure was tosend for the accused and compel him to answer upon oath writteninterrogatories. Affidavits were then sworn upon both sides. Withwritten depositions before them, the Lords of the council, without anyjury, acquit or convict. Fines and imprisonments were meted out torioters, conspirators, bribers, and perjured jurors. No loss of life orlimb occurred because there had been no jury.

In criminal cases, witnesses acquainted with particular factswere added to the general assize of twelve lawful men from each hundredand four lawful men from each town to testify to facts unknown by theassize men. The assize was bifurcated into the grand jury of twelve totwenty-four knights and the petty jury or trial jury of twelve free andlawful men, which replaced ordeal, compurgation, and trial by combat asthe method of finding the truth. The men of the petty jury as well asthose of the grand jury were expected to know or to acquaint themselveswith the facts of the cases. The men of the petty jury tended to be thesame men who were on the grand jury.

Felony was determined by common law to be one of sevenoffenses: treason, homicide, arson, rape, robbery, burglary, and grandlarceny, the last of which involved over 12d., where 12d. was enough tokeep a man from starvation for eight days. High treaason includedcovered the making of counterfeit money and the clipping if coin.Burglary was an offense committed in times of peace and consisted ofbreaking into churches, houses, and into the walls and gates ofvillages and boroughs. These seven offenses could be prosecuted byindictment or private accusation by an individual. They wereappealable, that is, the accuser must in general offer trial by battle.The penalties involved loss of life or limb or, if he fled, outlawry.Actually, the death penalty was replacing loss of life or limb. Deathby hanging was the usual punishment. A felon's goods were confiscatedby the crown and his land was forfeited to the crown for a year and aday and waste, after which it escheated to the felon's lord. The crimesof wounding, mayhem, and false imprisonment were not now felonies. Thepeace of the king now did not die with the king, but renewedautomatically without an interval before the inauguration of a new king.

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

The most common cases in the Court of Common Pleas weredetinue, "debt" [for money due from a sale, for money loaned, for rentupon 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, andpartners]. It also heard estovers [right to use during a lease] ofwood, 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, andother bailiwicks, and offices in fee.

The itinerant justices gradually ceased to performadministrative duties on their journeys because landed society hadobjected to their intrusiveness. Edward I substituted regularvisitations of Justices of Assize for the irregular journeys of theitinerant justices. Each one of four circuits had two Justices ofAssize. From about 1299, these Justices of Assize heard cases of gaoldelivery. Their jurisdiction expanded to include serious criminal casesand breach of the king's peace. One woman was indicted to every 9 men.16% of the women who were indicted were convicted compared to 30% ofthe men.

Breaches of the forest charter laws were determined by justicesof the King's forest, parks, and chases, along with men of assize.

Coroners' inquest procedures were delineated by statute andincluded describing in detail in the coroner's rolls every wound of adead body, how many may be culpable, and people claiming to have foundtreasure who might be suspects.

The precedent for punishment for treason was established by theconviction of a knight, David ab Gruffydd, who had turned traitor tothe Welsh enemy, after fighting with Edward and being rewarded withland, during the conquest of Wales. He had plotted to kill the King. Hewas found guilty of treason by Parliament and condemned to be draggedat the heels of horses for being a traitor to his knightly vows, hangedby the neck for his murders, cut down before consciousness left him tohave his entrails cut out for committing his crimes during the holyweek of Easter, and his head cut off and his body divided into fourparts for plotting against the King's life. The head was placed on theTower of London and his body sections were placed in public view atvarious other locations in England. This came to be known as "hanging,drawing, and quartering". Prior to this the penalty had usually beenimprisonment followed by ransom. The penalty for a woman of treason,e.g. killing her husband, who was her lord, was burning at the stake.

Trial by combat is now limited to certain claims of enfeoffmentof large land holding and is barred for land held in socage, burgage,or by marriage. (Trial by combat eventually fell into disuse, but wasnot abolished until 1819.) Assize is the usual manner of trial, butcompurgation remains in the borough court long after it becomesobsolete in the royal courts. It came to be that defendants no longerrequest assizes but are automatically put to them.

Numerous statutes protect the integrity of the courts andKing's offices by double and treble damages and imprisonment foroffenses such as bribery, false informers, conspiracy to falsely moveor maintain pleas, champerty [covenant between a litigant and anotherfor the other to have a part or profit in the award in return formaintaining the suit], conflict of interest by court officers takingpart in a quarrel pending in court or working any fraud whereby commonright may be delayed or disturbed. There had been many abuses, the mostcommon of which was extortion by sheriffs, who gaoled people withoutcause to make them pay to be released. The 1275 prohibition ofmaintenance of a quarrel of a party in court by a nonparty was extendedin 1327 to all persons, including the king's councilors and ministers,and great men, e.g. by sending letters. In 1346, this prohibitionspecifically included prelates, earls, barons taking in hand quarrelsother 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, delayedor disturbed in their rights, and not guilty persons convicted orotherwise oppressed. All great men were required to put out of theirservice all maintainers who had been retained, and void their fees androbes, without giving them aid, favor, or comfort. This law was notobeyed.

The king reserved to himself and his council in its judicialcapacity the correction of all breaches of the law which the lowercourts had failed to remedy, whether from weakness, partiality,corruption, or jury timidity, and especially when the powerful baronsdefied the courts. The Chancery also sought to address causes whichwere impeded in their regular course, which often involved assaults,batteries, and forcible dispossessions.

Disputes within the royal household were administered by theKing's steward. He received and determined complaints about acts orbreaches 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" andby the clerk of the market when imposing fines for trading regulationviolations in the "court of the market".

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

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

The most common plea in the hundred court was trespass. It alsoheard issues concerning services arising out of land, detention ofchattels, small debts, wounding or maiming of animals, and personalassaults and brawls not amounting to felony. It met every three weeks.The sheriff held his turn twice a year and viewed frankpledge once ayear. In Chancery, the court of the Chancellor, if there is a casewith no remedy specified in the law, that is similar to a situation forwhich there is a writ, then a new writ may be made for that case. Thiswas called "trespass on the case". This covered indirect as well asdirect contact with a person, land, or chattels. An example is thattrespasss would not apply to a boat whose rope attaching it to land wascut because the trespass did not have contact with the boat. Only therope would be the result of the trespass. Trespass on the case wouldinclude the boat. The two chancery justices were the Lord Chancellorand the Master of the Rolls.

When Edward I came to the throne, over half of theapproximately 600 hundred courts had gone under the jurisdiction of aprivate lord owing to royal charter, prescriptive right, andusurpation. The sheriff's powers in these hundreds varied. In some, thesheriff had no right of entry. So Edward I created the writ of QuoWarranto [by what right], by which all landholders exercising manor orfranchise jurisdictions must bring their ancestors' charters before atraveling justice for the Common Pleas for examination andinterpretation as to whether they had a charter or were going beyondtheir charters and infringing upon the jurisdiction of the Royal Court.As a result, many manor courts were confined to manorial matters andcould no longer view frankpledge or hear criminal cases, which werereserved for the royal courts. In the manor courts which retainedcriminal jurisdiction, there was a reassertion of the obligation tohave present a royal coroner, whose duty it was to see that royalrights were not infringed and that the goods of felons were given tothe Crown and not kept by the lords. Some who could not produce acharter lost it; but later, uninterrupted use of a jursdiction since1189 sufficed to retain that jurisdiction.

In the manor courts, actions of debt, detinue, and covenantwere frequent. Sometimes there are questions of a breach of warranty oftitle in agreements of sale of land. Accusations of defamation werefrequent; this offense could not be taken to the King's court, but ithad been recognized as an offense in the Anglo-Saxon laws. In somecases, the damages caused are specifically stated. For instance,defamation of a lord's grain would cause other purchasers to forbearbuying it. There are frequent cases of ordinary thefts, trespasses, andassaults. The courts did rough but substantial justice withoutdistinction between concepts such as tort and contract. In fact, theaction of covenant was the only form of agreement enforceable at commonlaw. It required a writing under seal and awarded damages. Manor courtlaw was not technical, but elastic, and remedies could includeinjunctions, salary attachment, and performance of acts. The stewardholding 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 ayear. 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 thecourt as to a tenement and two acres of land, which he demands as ofright, so he says. And it being asserted that the said land is notfree[hold] let the court say its say. And the court says that thetenement and one of the two acres are of servile condition and that theother acre is of free condition. The case is reserved for the lord'spresence. Pledge, John Brian.

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

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

8. -William Frith for subtraction of work, 6d. John Reginald -for thesame, 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 madedefault; 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 givesthe 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 menas 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 thevill 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 afarthing land, now the action is compromised in manner following:Godfrey for himself and his heirs remises to the said Noah and hisheirs all right and claim which he has or can have in the said farthingland by reason of the gift made by his grandfather John Tailor.

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

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

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

20. John son of Alma demands a cottage which Henry Fleming holds andgives 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 ofBroadwater, Robert Linene, William Frances, that notwithstanding hisstay in London he will always make suit with his tithing and will at notime claim any liberty contrary to the lord's will and will come to thelord whenever the lord wills.

22. Simon Patrick gives the lord 12d. to have the judgment of the courtas to a cottage of which the widow of Geoffrey Dogers deforces him;pledge, Simon of Strode. The said -jurors say that the said Simon hasthe better right. And the said Simon remises and quitclaims all hisright to his sister Maud and her husband John Horin, [who] gives thelord 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 WilliamMoor.

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 futureno 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 givesthe lord 20s. for entry; pledge, Robert Serjeant.

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

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

33. It is presented by the whole township that Ralph le War hasdisseised the lord of a moiety of a hedge, whereas it had often beenadjudged by award of the court that the said hedge belongs as to onemoiety to the lord and as to the other to Ralph, and the said Ralphclaims and takes to his use the whole to the lord's damage etc. Alsothey say that the said Ralph holds Overcolkescroft, which land by rightis the lord's.

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

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

- -The chief pledges present that Cristina daughter of RichardMaleville has married at London without the lord's licence; thereforelet the said Richard be distrained. He has made fine with 12d. Alsothat Alice Berde has done the same; therefore let her be distrained.Also that Robert Fountain -has committed a trespass against WilliamGery; 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, AdamSerjeant. 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. HughChurchyard for trespass in [cutting] thorns; fine, 6d. Thomas Gold inmercy 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 ofthe 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 asheep which was lost while in his custody.

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

42. The chief pledges present that Henry Blackstone (fine, 6d.), HughChurchyard (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.), JohnFellow (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 ofbeer. Also that Henry of Senholt, Henry Brown, Hugh Hayward, RichardMoor, Juliana Woodward, Alice Harding, Peronel Street, Eleanor Meadmake default. Also that Walter Ash (fine,—), John Wiking (fine,—),John Smart (fine,—), and Henry Coterel have married themselves withoutthe lord's licence; therefore let them be distrained to do the will ofthe lord.

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

44. Philip Chapman in mercy for refusing his gage to the lord'sbailiff; 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 acertain sheep valued at 8d. is hers, and binds herself to restore it orits 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 landlordstheir tenements for which rent or services are in arrears if thelandlord could not distrain enough tenant possessions to cover thearrearages.

Wills are proven in the Court of Husting, the oldest court inLondon, which went back to the times of Edward the Confessor. One suchproven will is:

"Tour (John de La) - To Robert his eldest son his capitalmessuage and wharf in the parish of Berchingechurch near the landcalled 'Berewardesland`. To Agnes his wife his house called'Wyvelattestone', together with rents, reversions, etc. in the parishof S. Dunstan towards the Tower, for life; remainder to Stephen hisson. To Peter and Edmund his sons lands and rents in the parish of AllHallows de Berhyngechurch; remainders over in default of heirs. ToAgnes, wife of John le Keu, fishmonger, a house situate in the sameparish of Berhyng, at a peppercorn [nominal] rent."

The Court of the Mayor of London heard diverse cases, includingdisputes over goods, faulty or substandard goods, adulteration, sellingfood unfit for human consumption, enhancing the price of goods, usingunlawful weighing beams, debts, theft, distraints, forgery, tavernbrawling, bullying, and gambling. Insulting or assaulting a citydignitary was a very serious crime; an attack on the mayor was oncecapitally punished. Sacrilege, rape, and burglary were punished bydeath. Apart from the death penalty, the punishment meted out the mostwas public exposure in the pillory, with some mark of ignominy slunground the neck. If the crime was selling bad food, it was burnt underthe offender's nose. If it was sour wine, the offender was drenched init. Standing in the pillory for even one hour was very humiliating, andby the end of the day, it was known throughout the city. The offender'sreputation was ruined. Some men died in the pillory of shame anddistress. A variation of the pillory was being dragged through thestreets on a hurdle. Prostitutes were carted through the streets incoarse 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 wasrare, but there are cases of men losing their right hands for rescuingprisoners. The death penalty was usually by hanging. The following fourLondon cases pertain to customs, bad grain, surgery, andapprenticeship, respectively.

This is a lawsuit: "John le Paumer was summoned to answer Richer deRefham, Sheriff, in a plea that, whereas the defendant and his Societyof Bermen [carriers] in the City were sworn not to carry any wine, byland or water, for the use of citizens or others, without the Sheriff'smark, nor lead nor cause it to be led, whereby the Sheriff might bedefrauded of his customs, nevertheless he caused four casks of winebelonging to Ralph le Mazun of Westminster to be carried from the Cityof Westminster without the Sheriff's mark, thus defrauding the latterof his customs in contempt of the king etc. The defendant acknowledgedthe trespass. Judgment that he remain in the custody of the Sherifftill he satisfy the King and the Court for offense."

This is a lawsuit: "Walter atte Belhaus, William atte Belhous, Robertle Barber dwelling at Ewelleshalle, John de Lewes, Gilbert le Gras,John his son, Roger le Mortimer, William Ballard atte Hole, Peter deSheperton, John Brun and the wife of Thomas the pelterer, Stephen deHaddeham, William de Goryngg, Margery de Frydaiestrate, Mariot, whodwells in the house of William de Harwe, and William de Hendone wereattached 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 grainfrom their own servants in deception of the people. The defendantsdenied that they were guilty and put themselves on their country. Ajury of Richard de Hockeleye and others brought in a verdict of guilty,and the defendants were committed to prison till the next Parliament."

This is a lawsuit: "Peter the Surgeon acknowledged himself bound toRalph de Mortimer, by Richard atte Hill his attorney, in the sum of20s., payable at certain terms, the said Ralph undertaking to givePeter a letter of acquittance [release from a debt]. This Recognizancearose out of a covenant between them with regard to the effecting of acure. Both were amerced for coming to an agreement out of Court. Aprecept 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 fittedto enjoy the profession of a surgeon."

This is a lawsuit: "Thomas de Kydemenstre, shoemaker, was summoned toanswer William de Beverlee, because he did not clothe, feed andinstruct his apprentice Thomas, William's son, but drove him away. Thedefendant said that the apprentice lent his master's goods to othersand promised to restore them or their value, but went away against hiswish; and he demanded a jury. Subsequently, a jury of William de Uptonand others said the apprentice lent two pairs of shoes belonging to hismaster and was told to restore them, but, frightened by the beatingwhich he received, ran away; further that the master did not feed andclothe his apprentice as he ought, being unable to do so, to theapprentice's damage 40d., but that he was now in a position to lookafter his apprentice. Thereupon Thomas de Kydemenstre said he waswilling to have the apprentice back and provide for him, and the fatheragreed. Judgment that the master take back the apprentice and feed andinstruct him, or that he repay to the father, the money paid to thelatter, and that he pay the father the 40d. and be in mercy."

A professional class of temporal attorneys whose business it isto appear on behalf of litigants is prominent in the nation. The ideaof representation has spread outwards from a king who has so manyaffairs that he can not conduct them in person. Men often appear todefend themselves in the king's court by attorney. But attorneys do notconduct prospective litigation for a client. Attorneys are now drawnfrom the knightly class of landed gentlemen, instead of ecclesiasticalorders. Since it was forbidden for ecclesiastics to act as advocates inthe secular courts, those who left the clergy to become advocatesadopted a close-fitting cap to hide their tonsures, which came to becalled a "coif". The great litigation of the nation is conducted by asmall group of men, as is indicated by the earliest Year Books of casedecisions compiled by attorneys and students attending the court. Theseattorneys sit in court and will sometimes intervene as amicus curiae[friends of the court]. Parliament refers difficult points of law tothem as well as to the justices. These reports became so authoritativethat they could be cited in the courts as precedent. Groups ofattorneys from the countryside who are appearing in London courtsduring term-time and living in temporary lodgings start to formguild-like fellowships and buy property where they dine and residetogether, called the Inns of Court. They begin to think of themselvesas belonging to a profession, with a feeling of responsibility fortraining the novices who sat in court to learn court procedures andattorney techniques. They invited these students to supper at the Innsof Court for the purpose of arguing about the day's cases. The Inns ofCourt evolved a scheme of legal education, which was oral and useddisputations. Thus they became educational institutions as well asclubs for practicing attorneys. The call to the bar of an Inn was ineffect a degree. To be an attorney one had to be educated and certifiedat the Inns of Court. They practice law full time. Some are employed bythe King. Justices come to be recruited from among those who had passedtheir lives practicing law in court, instead of from the ecclesiasticalorders. All attorneys were brought under the control of the justices.

There are two types of attorney: one attorney appears in theplace of his principal, who does not appear. The appointment of thisattorney is an unusual and a solemn thing, only to be allowed onspecial grounds and with the proper formalities. For instance, a poorperson may not be able to afford to travel to attend the royal court inperson. The other one is the pleader-attorney, who accompanies hisclient to court and advocates his position with his knowledge of thelaw and his persuasiveness. The king came to retain a number ofattorneys, called his serjeants at law, to plead his causes for him.Edward directed his justices to provide for every county attorneys fromamong the best, the most lawful, and the most teachable, so the kingand people would be well served. Thereby were attorneys brought underthe control of the justices.

In 1280, the city of London made regulations for the admissionof both types of attorneys to practice before the civic courts, and fortheir due control. In 1292 the king directed the justices to provide acertain number of attorneys and apprentices to follow the court, whoshould have the exclusive right of practicing before it. This beginsthe process which will make the attorney for legal business an "officerof the court" which has appointed him.

Chapter 9

The Times: 1348-1399

Waves of the black death, named for the black spots on thebody, swept over the nation. The black blotches were caused byextensive internal bleeding. The plague was carried in the blood ofblack rats and transmitted to humans by the bite of the rat flea, butthis cause was then unknown. The first wave of this plague, in 1348,lasted for three years and desolated the nation by about one half thepopulation in the towns and one third in the country. People tried toavoid the plague by flight. The agony and death of so many good peoplecaused some to question their belief in God. Also, it was hard tounderstand why priests who fled were less likely to die than priestswho stayed with the dying to give them the last rites. Legal andjudicial, as well as other public business weere interrupted bytheplague and ceased for two years. Thus begins a long period ofdisorganization, unrest, and social instability. Customary ways were soupset that authority and tradition were no longer automaticallyaccepted. Fields lay waste and sheep and cattle wandered over thecountryside. Local courts could seldom be held. Some monasteries inneed of cash sold annuities to be paid in the form of food, drink,clothing, and lodging during the annuitant's life, and sometimes thatof his widow also. Guilds and rich men made contributions to the poorand ships with provisions were sent to various parts of the country forthe relief of starving people. In London, many tradesmen and artisansformed parish fraternities which united people of all social levels andwomen on almost equal terms with men, in communal devotion and mutualsupport, such as help in resolving disputes, moral guidance, money whenneeded, and burial and masses.

Farm workers were so rare that they were able to demand wagesat double or triple the pre-plague rate. The pre-plague had been 4-6d.daily for masons, carpenters, plasterers, and tilers and 3d. for theirlaborers. 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 goup nearly as much as wages. Villeins relinquished their tenements, anddeserted their manors, to get better wages elsewhere. They becamenomadic, roaming from place to place, seeking day work for good wageswhere they could get it, and resorting to thievery on the highways orbeggary where they could not. The Robin Hood legends were popular amongthem. In them, Robin Hood is pure outlaw and does not contribute moneyto the poor. Nor does he court Maid Marion.

Villeins spread political songs among each other, such as: "Toseek silver to the King, I my seed sold; wherefore my land lieth fallowand 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 manybeggars bold; and there wakeneth in the world dismay and woe, for asgood is death anon as so for to toil."

Groups of armed men took lands, manors, goods, and women byforce. The villeins agreed to assist each other in resisting by forcetheir lords' efforts to return them to servitude. A statute of laborerspassed in 1351 for wages to be set at the pre-plague rates wasineffectual. Justices became afraid to administer the law. Villeins,free peasants, and craftsmen joined together and learned to use thetactics of association and strikes against their employers.

The office of Justice of the Peace was created for every countyto deal with rioting and vagrants. This office required no educationand was filled by volunteers. Cooperation by officials of othercounties was mandated to deal with fugitives from its justice.

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

When there were attempts to enforce the legal servitude of thevilleins, they spread rhymes of their condition and need to revolt. Asecret league, called the "Great Society" linked the centers ofintrigue. A high poll tax, graduated from 20s. to 12d., that was to beraised for a war with France, touched off a spontaneous riot all overthe nation in 1381. This tax included people not taxed before, such aslaborers, the village smith, and the village tiler. Each area had itsown specific grievances. There was no common political motive, exceptmaladministration in general.

In this Peasants' Revolt, mobs overran the counties aroundLondon. The upper classes fled to the woods. Written records of theservitude of villeins were burned in their halls, which were alsolooted. Title deeds of landlords were burned. Rate rolls of generaltaxation were destroyed. Prisoners were released from gaols. Menconnected with tax collection, law enforcement, attorneys, and alienmerchants were beheaded. The Chief Justice was murdered while fleeing.The archbishop, who was a notoriously exploitive landlord, thechancellor, and the treasurer were murdered. Severed heads were postedon London Bridge. A mob took control of the king's empty bedchamber inthe Tower. The villeins demanded that service to a lord be by agreementinstead of by servitude, a commutation of villein service for rents ofa maximum of 4d. per acre yearly, abolition of a lord's right for theirwork on demand (e.g. just before a hail storm so only his crops weresaved), and the right to hunt and fish. The sokemen protested having touse the lord's mill and having to attend his court.

The revolt was suppressed and its leaders punished. The kingissued proclamations forbidding unauthorized gatherings and orderingtenants of land to perform their customary services. The poll tax wasdropped. For the future, the duty to deal with rioting and vagrants wasgiven to royal justices, sheriffs, mayors, bailiffs, and constables aswell as the Justices of the Peace. There was a high Justice of thePeace in each hundred and a petty constable in each parish. Justices ofthe Peace could swear in neighbors as unpaid special constables whendisorder broke out.

The sheriff was responsible for seeing that men of the lowerclasses were organized into groups of ten for police and suretypurposes, and for holding of hundred and county courts, arrestingsuspects, guarding prisoners awaiting trial, carrying out the penaltiesadjudged by the courts, and collecting Crown revenue through hisbailiffs. Royal writs were addressed to the sheriff. Because manysheriffs had taken fines and ransoms for their own use, a term limit ofone year was imposed. Sheriffs, hundreders, and bailiffs had to havelands in the same counties or bailiwicks [so they could be heldanswerable to the King].

Efforts were made to keep laborers at the plough and cartrather than learn a craft or entering and being educated by the church.The new colleges at the universities ceased to accept villeins asstudents.

Due to the shortage of labor, landlords' returns had decreasedfrom about 20% to about 5%. But some found new methods of using landthat were more profitable than the customary services of villeins whohad holdings of land or the paid labor of practically free men who paida money rent for land holdings. One method was to turn the land tosheep breeding. Others leased their demesne land, which transferred theburden of getting laborers from the landlord to the lessee-tenant. Thepayment was called a "farm" and the tenant a "farmer". First, therewere stock-and-land leases, in which both the land and everythingrequired to cultivate it were let together. After 50 years, when thefarmers had acquired assets, there were pure land leases. Landlordspreferred to lease their land at will instead of for a term of years toprevent the tenant from depleting the soil with a few richer cropsduring the last years of his tenancy. The commutation of labor servicesinto a money payment developed into a general commutation of virtuallyall services. Lords in need of money gladly sold manumissions to theirvilleins.

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

Some farmers achieved enough wealth to employ others aslaborers on their farms. The laborers lived with their employer in hisbarn, sleeping on hay in the loft, or in mud huts outside the barn. Thefarmer's family lived at one end of the barn around an open fire. Theirpossessions typically were: livestock, a chest, a trestle table,benches, stools, an iron or bronze cauldron and pots, brooms, woodenplatters, wooden bowls, spoons, knives, wooden or leather jugs, a saltbox, straw mattresses, wool blankets, linen towels, iron tools, andrush candles [used the pith of a rush reed for the wick]. Those whocould not afford rush candles could get a dim light by using a littlegrease in a shallow container, with a few twisted strands of linenthread afloat in it. The peasants ate dark bread and beans and drankwater from springs. Milk and cheese were a luxury for them. Those whocould not afford bread instead ate oat cakes made of pounded beans andbran, cheese, and cabbage. They also had leeks, onions, and peas asvegetables. Some farmers could afford to have a wooden four-postedbedstead, hens, geese, pigs, a couple of cows, a couple of sheep, ortwo-plough oxen. July was the month when the divide between rich andpoor became most apparent. The rich could survive on the contents oftheir barns, but the poor tried to survive by grinding up the coarsestof wheat bran and shriveled peas and beans to make some sort of bread.Grain and bread prices soared during July. Farming still occupied thevast majority of the population. Town inhabitants and universitystudents 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. Mosttownspeople 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, sometimeswith herbs in it, rinsing with a splash of warm water, and drying offwith a towel. Tubs used only for baths came into use. There weredrapery rugs hung around beds, handheld mirrors of glass, and saltcellars. The first meal of the day was a light breakfast, which brokethe fast that had lasted the night. Meals were often prepared accordingto recipes from cook books which involved several preparationprocedures using flour, eggs, sugar, cheese, and grated bread, ratherthan just simple seasoning. Menus were put together with foods thattasted well together and served on plates in several courses.Children's sweets included gingerbread and peppermint drops. Sheffieldcutlery was world famous. Table manners included not making sounds wheneating, not playing with one's spoon or knife, not placing one's elbowson the table, keeping one's mouth clean with a napkin, and not beingboisterous. There were courtesies such as saying "Good Morning" whenmeeting someone and not pointing one's finger at another person. KingRichard II invented the handkerchief for sneezing and blowing one'snose. There were books on etiquette. Cats were the object ofsuperstition, but there was an Ancient and Honorable Order of the MenWho Stroke Cats.

New burgesses were recruited locally, usually from within a 20mile radius of town. Most of the freemen of the larger boroughs, likeCanterbury and London, came from smaller boroughs. An incoming burgesswas required to buy his right to trade either by way of a seven yearapprenticeship or by payment of an entry fee. To qualify, he neededboth a skill and social respectability.

Towns started acquiring from the king the right to vacant sitesand other waste places, which previously was the lord's right. Theperpetuality of towns was recognized by statutes of 1391, whichcompared town-held property to church-held property. The right ofLondon to pass ordinances was confirmed by charter. Some towns had atown clerk, who was chief of full-time salaried officers. There was aguildhall to maintain, a weigh-house, prison, and other publicbuildings, municipal water supplies, wharves, cranes, quays,wash-houses, and public lavatories.

After the experience of the black death, some sanitary measureswere taken. The notorious offenders in matters of public hygiene in thetowns, such as the butchers, the fishmongers, and the leather tannerswere assigned specific localities where their trades would do leastharm. The smiths and potters were excluded from the more denselypopulated 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 byor on public wells that were dug to reach the water underground. Sometowns had water public water supply systems. Fresh water was broughtinto the town from a spring or pond above the town by wood or leadpipes or open conduits. Sometimes tree trunks were hollowed out andtapered at the ends to fit into the funnel-shaped end of another. Butthey leaked a lot. In London, a conduit piped water underground to alead tank, from which it was delivered to the public by means of pipesand brass taps in the stone framework. This was London's chief watersupply. Water carriers carried water in wooden devices on their backsto houses.

The paving and proper drainage of the streets became a townconcern. Building contracts began specifying the provision of adequatecesspits for the privies at town houses, whether the latrines werebuilt into the house or as an outhouse. Also, in the better houses,there grew a practice of carting human and animal fecal matter at nightto dung heaps outside the city walls. There was one public latrine ineach ward and about twelve dung carts for the whole city. Country manorhouses had latrines on the ground floor and/or the basem*nt level.

In London, the Goldsmiths, Merchant Taylors [Tailors],Skinners, and Girdlers bought royal charters, which recognized theirpower of self-government as a company and their power to enforce theirstandards, perhaps throughout the country. The Goldsmiths, the Mercers,and the Saddlers became in 1394 the first guilds to receive charters ofincorporation, which gave them perpetual existence. As such they couldhold land in "mortmain" [dead hand], thus depriving the king of rightsthat came to him on the death of a tenant-in-chief. They wereauthorized to bestow livery on their members and were called LiveryCompanies. The liverymen [freemen] of the trading companies electedLondon's representatives to Parliament.

In all towns, the organization of craft associations spreadrapidly downwards through the trades. These associations soughtself-government. Craft guilds were gaining much power relative to theold merchant guilds in governing the towns. The greater crafts such asthe fishmongers, skinners, and the corders (made rope, canvas, andpitch) organized and ultimately were recognized by town authorities asself-governing craft guilds. The building trade guilds such as thetilers, carpenters, masons, and joiners, became important. Masons werestill itinerant, going to sites of churches, public buildings, orcommanded by the king to work on castles. The guild was not necessarilyassociated with a specific product. For instance, a saddle and bridlewere 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 (cutup and sold fish), fruitier, brewer, butcher, bird dealer, cook,apothecary (sold potions he had ground up), cutler (made knives andspoons), barber, tailor, shoemaker, glover (made gloves), skinner (soldfurs), 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 andmade furniture), tiler, mason (cut stone for buildings), smith (mademetal tools for stonemasons and builders), tallow chandler (madecandles and sometimes soap from the fat and grease the housewifesupplied), wax chandler (made candles), stirrup maker, spurrier (madespurs), and hosteler (innkeeper). However, the merchant guilds of thegoldsmiths, vintners (sold wine), mercers (sold cloth), grocers, anddrapers (finished and sold English cloth) were still strong. It was along custom in London that freemen in one company could practice thetrade of another company. There were paint mills and saw millsreplacing 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 pastry8d., a roast pheasant 13d., a roast heron 18d., roast goose 7d., a hen4d., a capon 6d., three roast thrushes 2d., ten larks 3d., ten finches1d, 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 officerscommonly included an alderman, stewards, a dean, and a clerk, who wereelected. The guild officers sat as a guild court to determinediscipline for offenses such as false weights or measures or falseworkmanship or work and decided trade disputes. The brethren in guildfraternity were classified as masters, journeymen, or apprentices. Theywere expected to contribute to the support of the sick and impoverishedin their fellowship. Their code required social action such asostracizing a man of the craft who was living in adultery until hemended 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 withthe 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 tothe value of 12d., the wardens shall make good the loss; and if theservant refuses to be judged by the - - wardens, he shall be takenbefore 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 aldermenby the wardens.

7. -All things touching the trade within the city between those who arenot 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 theirown houses shall be brought before the mayor and aldermen.

10. Any one of the trade who refuses to obey these regulations shall bebrought before the mayor and aldermen.

Cordwainers [workers in soft cordovan leather from Spain,especially shoes] of good repute petitioned the city of London in 1375for ordinances on their trade as follows:

"To the mayor and aldermen of the city of London pray the good folks ofthe trade of cordwainers of the same city, that it may please you togrant unto them the articles that follow, for the profit of the commonpeople; that so, what is good and right may be done unto all manner offolks, for saving the honor of the city and lawfully governing the saidtrade.

In the first place - that if any one of the trade shall sell to anyperson shoes of bazen [sheepskin tanned in oak or larch-bark] as beingcordwain, or of calf-leather for ox-leather, in deceit of the commonpeople, and to the scandal of the trade, he shall pay to the Chamber ofthe Guildhall, the first time that he shall be convicted thereof, fortypence; 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 franchiseif he be not free [invested with the rights or privileges] of the cityand one knowing his trade, and that no one shall be admitted to thefreedom without the presence of the wardens of the trade bearingwitness to his standing, on the pain aforesaid.

Also - if any one of the trade shall be found offending touching thetrade, or rebellious against the wardens thereof, such person shall notmake complaint to any one of another trade, by reason of the discord ordissension that may have arisen between them; but he shall be ruled bythe good folks of his own trade. And if he shall differ from them asacting against right, then let the offense be adjudged upon before themayor and aldermen; and if he be found rebellious against theordinance, let him pay to the Chamber the sum above mentioned.

Also - that no one of the trade shall entice or purloin the servant ofanother from the service of his master by paying him more than isordained by the trade, on the pain aforesaid.

Also - that no one shall carry out of his house any wares connectedwith his trade for sale in market or elsewhere except only at a certainplace situated between Soperesland and the Conduit; and that at acertain time of the day, that is to say, between prime [the first hourof the day] and noon. And that no shoes shall exceed the measure ofseven inches, so that the wares may be surveyed by the good folks ofthe trade, because of the deceit upon the common people that mightensue and the scandal of the trade, on the pain aforesaid.

Also - that no one shall expose his wares openly for sale in market onSundays at any place, but only within his own dwelling to serve thecommon people, on the pain aforesaid.

Also - that if any one sells old shoes, he shall not mix new shoesamong the old in deceit of the common people and to the scandal of thetrade, on the pain aforesaid."

Smithfield was a field outside the city gates at which horseswere sold and raced. In 1372, the horse dealers and drovers petitionedfor a tax on animals sold there to pay for cleaning the field. The cityordinance 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 thesewords: 'To the mayor, recorder, and aldermen show the dealers ofSmithfield, that is to say, the coursers and drovers, that for theamendment of the said field they have granted and assented among themthat for the term of three years next ensuing after the date of thispetition for every horse sold in the said field there shall be paid onepenny, for every ox and cow one halfpenny, for every eight sheep onepenny, and for every swine one penny by the seller and the same by thepurchaser who buys the same for resale.` Afterwards, on the eleventhday of August in the same year, Adam Fernham, keeper of the gaol atNewgate, Hugh, Averelle, bailiff of Smithfield, and William Godhewe,weaver, were chosen and sworn faithfully to collect and receive thesaid pennies in form aforesaid and to clean the field of Smithfieldfrom time to time during such term of three years when necessary."

Many London houses were being made from stone and timber andeven 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 glazierswas chartered by the King. A typical merchant's house had a cellar; aground floor with a shop and storage space; a first floor with a parlorto receive guests, a spacious hall for dining, and perhaps a kitchen;and at the top, a large family bedroom and a servant's room. Stairwellsbetween floors had narrow and winding steps. Many single-roomed housesadded a second-floor room for sleeping, which was approached by awooden or stone staircase from the outside. Their goods were displayedon a booth outside the door of the house or hung in the windows. Theywere 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 onhorseback to ride underneath. There were no sidewalks. Street repairwork for wages was supervised by a stone master. The streets slopeddown from the middle so that the filth of the streets would run downthe sides of the road. There were many wood chips in the streets due tocutting up of firewood before taking it indoors. People often threw therubbish from their houses onto the street although they were supposedto cart it outside the city walls and to clean the frontage of theirhouses once a week. Dustmen scavenged through the rubbish on thestreets. Pigs and geese were no longer allowed to run at large in thestreets, but had to be fed at home. There were other city rules onbuilding, public order, the use of fountains, precautions against fire,trading rights in various districts, closing time of taverns, and whenrefuse could be thrown into the streets, e.g. nighttime.

Aldermen were constantly making rounds to test measures andweights, wine cups, the height of tavern signs, and the mesh of thefishing nets, which had to be at least two inches wide. They saw thatthe taverns were shut when curfew was rung and arrested anyone on thestreet after curfew who had a weapon, for no one with a sword wasallowed on the streets unless he was some great lord or othersubstantial person of good reputation. Wards provided citizens to guardthe gates in their respective neighborhood and keep its key.

The city was so dense that nuisance was a common action broughtin court, for instance, vegetable vendors near a church obstructingpassageway on the street or plumbers melting their solder with a lowerthan usual shaft of the furnace so smoke was inhaled by people nearby.

Crime in London was rare. Murder, burglary, highwayrobbery, and gross theft were punishable by hanging. Forgery and fraud,were punishable by the placement in the pillory or stocks or byimprisonment. Perjury was punished by confession from a high stool forthe first offense, and the pillory for the second. Slander and tellinglies were punished by the pillory and wearing a whetstone around one'sneck. There was an ordinance passed against prostitutes in 1351. Londonas well as other port towns had not only prostitutes, but syphilis.

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

Many master freemasons, who carved freestone or finely grainedsandstone and limestone artistically with mallet and chisel, left thecountry for better wages after their wages were fixed by statute. Thecurvilinear gothic style of architecture was replaced by theperpendicular style, which was simpler and cheaper to build. Churchsteeples now had clocks on them with dials and hands to supplement thechurch bell ringing on the hour. Alabaster was often used forsepulchral monuments instead of metal or stone. With it, closerportraiture could be achieved.

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

Towns recognized surgery as a livelihood subject to admissionand oath to serve the social good. Master surgeons were admitted topractice in 1369 in London in full husting before the mayor and thealdermen 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 othersundertaking, so often as should be necessary,[5] to be ready, at all times when they should be warned, to attend themaimed or wounded and others,[6] to give truthful information to the officers of the city as to suchmaimed, 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 tobe taught there. Some upper class widows retired there. Only women wereallowed to be present at a birth, at which they spread the knowledge ofmidwifery. As usual, many women died giving birth. Various ways toprevent pregnancy were tried. It was believed that a baby grew from aseed of the father planted in the woman's body.

Infant mortality was especially high in boroughs and burgessfamily lines usually died out. A three-generation family span wasexceptional in the towns, despite family wealth.

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

The requirements of elementary and higher studies were adjustedin 1393 and began the public school system. William of Wykeham'sschool, St. Mary College of Winchester in Oxford was the prototype. Thecurriculum was civil law, canon law, medicine, with astronomicalinstruments that students made, theology, and the arts. The artstextbooks were still grammar, logic, Donatus, and Aristotle. Manylaymen were literate, for instance country gentry, merchants, andcraftsmen. Laymen instead of clerics were now appointed to the greatoffices of state.

A will in 1389 in which a wealthy citizen arranges for one sonto become an attorney and the other a merchant:

"Will of William de Tonge, citizen of London: One hundred marks each tomy two sons. And I will that my said two sons shall live upon theprofits of the money bequeathed to them above until the age of twentyyears. And if my said two sons be well learned in grammar and adornedwith good manners, which shall be known at the end of twenty years, andthe elder son wish to practice common law, and if it is known that hewould spend his time well in that faculty, I will that over and abovethe profit of the said one hundred marks he shall have yearly from myrents for the term of seven years five marks. And if he should wastehis time aforesaid, or if he should marry foolishly and unsuitably, Iwill that he receive nothing more of the said five marks.

And if younger son wishes to attend the University of Oxford or toestablish himself well in the mystery of a merchant after the age oftwenty years, and [if] there be knowledge of his praiseworthy progressin his faculty or his carefulness in trading … I will that he shallreceive five marks yearly in the manner described above for hismaintenance, over and above the profit of the said one hundred marks tohim bequeathed, for the space of seven years; and if he behave himselfotherwise, I will that thereupon he be excluded from the said fivemarks. And in case the said bequest of 200 marks to him and his brothershall be annulled so that he shall have nothing therefrom … then thesaid 200 marks shall be spent upon all the yearly chaplains who can behad to celebrate divine service in the church of All Hallows for mysoul."

Most great lords were literate. Many stories described goodmen, who set an example to be followed, and bad men, whose habits wereto be avoided. Stories were written about pilgrimage vacations ofordinary people to religious sites in England. Will Langland's poem"The Vision of William Concerning Piers Plowman" portrays a pilgrimageof common people to the shrine of Truth led by a virtuous laborer.Mystics wrote practical advice with transcendental teaching, forinstance "Scale of Perfection" attributed to Walter Hilton and "Cloudof Unknowing". Richard Rolle wrote about spiritual matters, probablythe "Prick of Conscience". Richard de Bury wrote "Philobiblon" aboutbook lovers. Jean Froissart wrote the "Chronicles" on knights. Courtlyideals were expressed in "Sir Gawaine and the Grene Knyght", whereinthe adventures of the hero, an Arthur knight, are allegorical in thestruggle against the world, the flesh, and the devil (1370). "Pearl"eulogized all that is pure and innocent on the event of the death of atwo year old child. Marco Polo's book of discoveries on his journey toChina was known.

Geoffrey Chaucer was a squire and diplomat of the king. His"Tales of the Canterbury Pilgrims" portrayed characters of every socialclass, including the knight with his squire, abbot, prioress, nun,priest, monk, friar, poor parson of the country, summoner (who enforcedthe 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 wereChaucer stories about a beautiful and virtuous wife disliked by hermother-in-law, the difficulty of marriage between people of differentreligions, the hatred of a poor person by his brother and his neighbor,rich merchants who visited other kingdoms, the importance of a manhimself following the rules he sets for other people's behavior, thespite of a man for a woman who rejected him, the relative lack ofenthusiasm of a wife for sex as compared to her husband, a mothergiving up her own comfort for that of her child, the revenge killing ofa murderer by the dead man's friends, the joy of seeing a loved oneafter years of separation, that life is more sad than happy, that lostmoney can be retrieved, but time lost is lost forever.

Other stories in the Canterbury Tales were about two men whodid 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 hisschoolteacher, about a wife who convinced her husband not to avenge herbeating for the sake of peace, about a man who woke up from bad dreamsfull of fear, about a man wanting to marry a beautiful woman but laterrealizing a plain wife would not be pursued by other men, about a manwho 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 whosaid something in frustration which he didn't mean, about a personbrought up in poverty who endured adversity better than one brought upin wealth, about a wife who was loving and wise, about a good marriagebeing more valuable than money, about a virgin who committed suiciderather than be raped, about a wife persuaded to adultery by a man whosaid he would otherwise kill himself, about three men who found a pileof gold and murdered each other to take it all, about an angry man whowanted to kill, about a malicious man who had joy in seeing other menin 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 ofKing Edward II, the military triumphs of King Edward III, and thecomplaints of the poor against their oppressors, such as "Song of theHusbandman". John Gower wrote moralizing poems on the villein's revolt,the sins of the clergy and attorneys, and the bad rule of King RichardII, who in 1377 succeeded Edward III. Robin Hood ballads were popular.The minstrel, who was a honorable person, replaced the troubadour ofolder times.

There were many colleges at Oxford and Cambridge due to theprohibition of gifts to the church. Laymen instead of ecclesiasticswere appointed as Chancellor. The Masters at Oxford got rid ofecclesiastical supervision by a bishop and archdeacon by 1368. Onecould be admitted as a student at age thirteen. The rate of maintenancefor a student was 10d. weekly.

A Bachelor of Arts degree was granted after four years of studyand an oral exam. Required reading in 1340 for the Bachelor's Degreewas the new logic of Aristotle ("Prior and Posterior Analytics" e.g. onsyllogistic logic and deduction, the "Topics", or the "SophisticalRefutations", e.g. logical fallacies such as from 'All A are B' to 'AllB are A'), and a selection from these Aristotle works on physics: "OfHeaven 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 MinorPoints in Natural History".

A Master of Arts degree could be awarded after three more yearsof study and teaching. A Doctorate degrees in theology required tenmore years of study. A Doctorate in civil or canon law required eightmore years. A man with a degree in canon law who wanted to practice ina certain bishop's court had to first satisfy this bishop of hiscompetence.

Another source of legal learning was in London, where theguilds 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 moreyears plus two years of practice were required. Surgery was not taughtbecause it was considered manual labor, and there was some feeling thatit was a sacrilege and dishonorable. Urinalysis and pulse beat wereused for diagnosis. Epilepsy and apoplexy were understood as spasmsinside the head. It was known what substances served as laxatives anddiuretics. Teeth were extracted, eye cataracts were removed with asilver 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 gavetheir collections to the universities, which started their libraries.Paper supplemented parchment, so there were more books.

England was still an agricultural rather than a manufacturingcountry. Imported were cloth, silks, linen, velvets, furs, glass,wines, candles, millstones, amber, iron, and mercury. Exported werewool, leather, lead, tin, and alabaster for sculpturing. Merchantadventurers came to manufacture cloth good enough for export and beganto buy up raw wool in such quantity that its export declined. They tooktheir cloth abroad to sell, personally or by agents.

An Oxford theologian and preacher, John Wyclif, voiced thepopular 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 papallaw over the King's courts and against payments to the papacy. Heopined that the church had no power to excommunicate. The friars hadbecome mere beggars and the church was still wealthy. He proposed thatall goods should be held in common by the righteous and that the churchshould hold no property but be entirely spiritual. He believed thatpeople should rely on their individual consciences. He thought that theBible should be available to people who could read English so that thepeople could have a direct access to God without priests or the pope.Towards this end, he translated it from Latin into English in 1384. Hispreachers spread his views throughout the country. The church thenpossessed about one-third of the land of the nation.

Parliament met about twice a year and lasted from two weeks toseveral months. There was a well-defined group of about fifty baronsand a few spiritual peers who were always summoned to Parliament andwho composed a House of Lords. "Peer" now meant a member of the Houseof Lords. All peers had the right to approach the king with advice. Thebaron peers reasoned that the custom of regular attendance was a rightthat should be inherited by the eldest son, or by a female heir, ifthere were no male heirs. However, the theory of nobility by blood asconveying political privilege had no legal recognition. No female couldattend Parliament; the husband of a baroness attended Parliament in herstead. Edward III and Richard II created new peers with various titlesof dignity, such as duke and marquess, which were above barons andearls. The dukes and marquesses were identified with a territorialdesignation such as an English county or county town. Whenever aParliament was assembled the commons were present. The commons wascomposed of representatives from 100 boroughs and 37 counties. Each newParliament required an election of representatives. The members of thecommons were generally the most prominent and powerful economic andpolitical figures of the county and were repeatedly reelected. Theelectors were usually influenced by the sheriff or a powerful lord whosuggested suitable men. The wealthy merchants typically represented theboroughs and paid much of the taxes. Under Edward III, the commons tooka leading part in the granting of taxes and the presentation ofpetitions and became a permanent and distinct body, the House ofCommons, with a spokesman or "speaker", chosen by the Crown, and aclerk. The speaker came to be an intermediary between the Commons andthe king and between the Commons and the Lords. A clerk of Parliamentregistered its acts and sat with the Lords. A clerk of the Crownsuperintended the issue of writs and the receipt of the returns andattested the signature of the king on statutes. It became a regularpractice for the Chancellor to open Parliament with an opportunity topresent petitions after his opening speech. The king then referred themto certain peers and justices, who decided to which court, orParliament, they should be sent. During the 1300s, the number of baronsgoing to Parliament gradually decreased.

At the 1376 Parliament, ("the Good Parliament") the Commons,which formerly had only consented to taxes, took political action bycomplaining that the King's councilors had grown rich by warprofiteering at the cost of impoverishing the nation and the peoplewere too poor to endure any more taxation for the war and held ahearing on financial malfeasance and dishonesty of two ministers. Thechamberlain had extorted enormous sums, had intercepted fines meant forthe king's treasury, and had sold a castle to the enemy. The stewardhad bought debts of the king's. The House of Lords, the High Court ofParliament, found the charges proved and dismissed them permanentlyfrom office. This established the constitutional means for impeachmentand prosecution by the Commons and removal by the House of Lords ofministers. By this process, there could be no royal intimidation, asthere could be in the ordinary courts. The Commons demanded that itsmembers be elected by county citizens rather than appointed by thesheriff.

The roles of Parliament and the King's council are starting todifferentiate into legislative and executive, respectively. Thelegislative function is lawmaking, and the executive isregulation-making that refines and effectuates the laws of Parliament.But the legislative, executive, and judicial authorities have not asyet become so completely separated that they cannot on occasion worktogether.

Sheriffs dealt directly with the king instead of through anearl.

From 1150 to 1400, resistance was an ordinary remedy forpolitical disagreements. If a popular leader raised his standard in apopular cause, an irregular army could be assembled in a day. (Therewas no regular army, since England was protected by the sea frominvasion.) So misgovernment by a king would be quickly restrained.Society recovered quickly from conflict and civil war because thenational wealth consisted chiefly in flocks and herds and in the simplebuildings inhabited by the people. In a week after armed resistance,the agricultural worker was driving his team. There was littlefurniture, stock of shops, manufactured goods, or machinery that couldbe destroyed.

To support a war with France, the staple was reinstated bystatute of 1353 after an experiment without it in which profits of astaple went to staples outside the nation. Wool exports were inspectedfor quality and taxed through his officials only at the designatedstaple 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 throughthe staple town. The penalty was forfeiture of lands, tenements, goods,and chattel. The mayor and constables of the staple were electedannually by the native and foreign merchants of the place. The mayorgave validity to contracts for a set fee, by seal of his office. He andthe constables had jurisdiction over all persons and things touchingthe staple, which was regulated by the Law Merchant in all matters ofcontract, covenant, debt, and felonies against foreign merchants. A hueand cry was required to be raised and followed for anyone taking a cartof merchandise or slaying a merchant, denizen [resident alien] oralien, or the town would answer for the robbery and damage done. In1363, Calais, a continental town held by the English, became the stapletown for lead, tin, cloth, and wool and was placed under a group ofLondon capitalists: the Merchants of the Staple. All exports of thesehad to pass through Calais, where customs tax was collected. The staplestatute 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 hisgreat nobles for foreign wars. The King reimbursed the contractors withthe profits of war, such as the ransoms paid by the families of richprisoners. The fighting men supplemented their pay by plunder.Featherbeds and blooded horses were favorite spoils of war brought backto England from the continent. As new techniques with footmen came intobeing, the footmen became the core of the army and the knightlyabilities of the feudal tenants-in-chief became less valuable.

Many lords got men to fight with them by livery and maintenanceemployment 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 oursaid 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 lordas well in time of peace as of war in whatsoever parts it shall pleaseour said lord, well and fitly arrayed. And he shall be boarded as wellin 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 from the issuesof the Duchy of Lancaster by the hands of the receiver there who now isor shall be in time to come, at the terms of Easter and Michaelmas byeven portions yearly for the whole of his life. And, moreover, our lordhas granted to him by the year in time of war five marks sterling bythe hands of the treasurer of war for the time being. And his year ofwar shall begin the day when he shall move from his inn towards oursaid lord by letters which shall be sent to him thereof, andthenceforward he shall take wages coming and returning by reasonabledaily [payments] and he shall have fitting freightage for him, his men,horses, and other harness within reason, and in respect of his warhorses taken and lost in the service of our said lord, and also inrespect to prisoners and other profits of war taken or gained by him orany of his men, the said our lord will do to him as to other squires ofhis rank."

Forecastles and stern castles on ships were lower and broader.Underneath them were cabins. The English ship was still single mastedwith a single square sail. A fleet was formed with over 200 shipsselected by the English admirals acting for the king at the ports. Menwere seized and pressed into service and criminals were pardoned fromcrimes to become sailors in the fleet, which was led by the King'sship. They used the superior longbow against the French sailor'scrossbow. In 1372, the Tower of London had four mounted fortress cannonand 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 toenemies, after paying duties. But the council may restrain this passagewhen necessary for the good of the nation. Any merchant, privy orstranger, who was robbed of goods on the sea or lost his ship bytempest or other misfortune on the sea banks, his goods coming to shorecould not be declared Wreck, but were to be delivered to the merchantafter he proves ownership in court by his marks on the goods or by goodand 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 firsttrue survey map. Nine cow pastures were divided by a boundary marked bya shield on a pole which the commission of true and sworn men had setup.

King Richard II, an irresponsible sovereign, asserted anabsolute supremacy of the king over Parliament and declared certainstatutes which he claimed to have been forced on him to be revoked. Heinterfered with county elections of knights to Parliament by directingsheriffs to return certain named persons. He wanted to dispensealtogether with Parliament and instead have a committee ofrepresentatives. He claimed that the goods of his subjects were his ownand illegally taxed the counties. There were many disputes as to whoshould be his ministers. High treason was extended to include making ariot and rumor, compassing or purposing to depose the King, revokingone's homage or liege to the King, or attempting to repeal a statute.When Henry Bolingbroke reported to Parliament that another lord hadcast doubt on the king's trustworthiness, a duel between them wasarranged. But Richard, probably fearing the gain of power of the lordwho won, instead exiled the two lords. He took possession of theLancaster estates to which Bolingbroke was heir and forbade thisinheritance. This made all propertied men anxious and they unitedbehind Bolingbroke in taking up arms against Richard. Richard was not awarrior king and offered to resign the crown. The "MercilessParliament" of 1388 swept out Richard's friends. Parliament deposed andimprisoned Richard. It revoked the extensions to the definition of hightreason. It elected Bolingbroke, who claimed to be a descendant ofHenry III, to be King Henry IV. This action established clearly thatroyal decrees were subordinate to parliamentary statutes, thatParliament was the ultimate legal arbiter of the realm, and that theconsent of Parliament was necessary in determining kingship. The Houseof Commons became very powerful. It was responsible for the major partof legislation. It's members began to assert the privilege of freespeech. That is, they wanted to discuss other matters than what was onthe king's agenda and they opposed punishment for what they said unlessit was treasonable. Henry IV agreed to their request not to considerreports of proceedings unless they came to him through officialchannels.

The Law

High treason was defined by statute in 1352 as levying waragainst the King, aiding the King's enemies, compassing or imaginingthe death of the King, Queen, or their eldest son and heir, orviolating the Queen or the eldest unmarried daughter or the wife of theKing's eldest son and heir; making or knowingly using counterfeits ofthe King's great or privy seal or coinage; or slaying the Chancellor,Treasurer, or any justice in the exercise of their duty. The penaltywas forfeit of life and lands.

Petty treason was defined by statute and included a servantslaying his master, a wife her husband, or a man his lord, to whom wasowed 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'shouse whereby debates and discords might arise between these lords orbetween the lords and the commons. Cases shall be tried by the King'sCouncil, which included the Chancellor, Treasurer, and chief justices.

Preachers drawing crowds by ingenious sermons and inciting themto riot shall be arrested by sheriffs and tried by the ecclesiasticalcourt.

Any stranger passing at night of whom any have suspicion shallbe 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 ordagger, or else forfeit it, except in time of war in defense of thenation. He may carry bow and arrow [for practice] on Sundays and holydays, when he should not play games such as tennis, football, or dice.

No one may enter another's land and tenements by strong handnor with a mob, upon pain of imprisonment and ransom at the King's will.

Charters, releases, obligations, quitclaim deeds and otherdeeds 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, coercionor duress during mob uprisings are void.

Men who rape and women consenting after a rape shall lose theirinheritance and dower and joint feoffments. The husbands, or father ornext of kin of such women may sue the rapist by inquisition, but not bytrial by combat. The penalty is loss of life and member.

The Statute of Laborers of 1351 required all workers, fromtailors to ploughmen, to work only at pre-plague wage rates and forcedthe vagrant peasant to work for anyone who claimed him or her. It alsoencouraged longer terms of employment as in the past rather than for aday at a time. Statutory price controls on food limited profits toreasonable ones according to the distance of the supply. Later, wageswere determined in each county by Justices of the Peace according tothe dearth of victuals while allowing a victualer a reasonable profitand a penalty was specified as paying the value of the excess wagesgiven or received for the first offense, double this for the secondoffense, and treble this or forty days imprisonment for the thirdoffense.

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 ofmerchandise until a type became scarce so to sell it at high prices,required merchants to deal in only one type of merchandise. It alsorequired craftsmen to work in only one craft as before (except womenwho traditionally did several types of handiwork). This was repealed ayear later.

Where scarcity has made the price of poultry high, it shall belowered 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 notanner shall make shoes, in order that tanning not be false or poorlydone.

All denizen [foreigner permitted to reside in the realm withcertain rights and privileges] and alien merchants may buy and sellgoods and merchandise, in gross, in any part of the country, despitetown charters or franchises, to anyone except an enemy of the King.They may also sell small wares: victuals, fur, silk, coverchiefs [anitem of woman's apparel], silver wire, and gold wire in retail, but notcloth or wine. They must sell their goods within three months ofarrival. Any alien bringing goods to the nation to sell must buy goodsof the nation to the value of at least one-half that of his merchandisesold. These merchants must engage in no collusion to lower the price ofmerchandise bought, take merchandise bought to the staple, and promiseto hold no staple beyond the sea for the same merchandise. An amendmentdisallowed denizens from taking wools, leather, woolfells, or lead forexport, but only strangers.

Towns failing to bring disturbers of this right to justiceshall forfeit their franchise to the king and pay double damages to themerchant. The disturber shall be imprisoned for a year.

Cloth may not be tacked nor folded for sale to merchants unlessthey are opened to the buyers for inspection, for instance forconcealed inferior wool. Workers, weavers, and fullers shall put theirseals to every cloth. Anyone may bring his own wools, woolfells,leather, and lead to the staple to sell without being compelled to sellthem in the country. Special streets or warehouses were appointed withwarehouse rent fixed by the mayor and constables with four of theprincipal inhabitants. Customs duties were regulated and machineryprovided for their collection. No one may forestall or regrate, thatis, 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 inthe 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 nomore than 27s. and shall not have more than one dish of meat or fish aday. Carters, ploughmen, drivers of the plough, oxherds, cowherds,shepherds, and all other people owning less than 40s. of goods andchattels shall only wear blanket and russet worth no more than 12d. andgirdles of linen according to their estate. Craftsmen and free peasantsshall only wear cloth worth no more than 40s. Esquires and gentlemenbelow the rank of knight with no land nor rent over 2,000s. a yearshall 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 maywear 67s. cloth, cloth of silk and silver, miniver [grey squirrel] furand stones, except stones on the head. Merchants, citizens, burgesses,artificers, and people of handicraft having goods and chattels worth10,000s. shall wear cloth the same value as that worn by esquires andgentlemen with land or rent within 2,000s. per year. The same merchantsand burgesses with goods and chattels worth 13,333s. and esquires andgentlemen with land or rent within 400s. per year may not wear goldcloth, miniver fur, ermine [white] fur, or embroidered stones. A knightwith 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 landor rents within 8,000s. to 20,000s. yearly may not wear fur of ermineor of letuse, but may wear gold, and such ladies may wear pearls aswell as stones on their heads. The penalty is forfeiture of suchapparel. This statute is necessary because of "outrageous and excessiveapparel of diverse persons against their estate and degree, to thegreat destruction and impoverishment of all the land".

If anyone finds a hawk [used to hunt birds, ducks, andpheasant] that a lord has lost, he must take it to the sheriff forkeeping 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 hawkfrom a lord or conceals from him the fact that it has been found, heshall pay the price of the hawk and be imprisoned for two years.

No laborer or any other man who does not have lands andtenements of the value of 40s. per year shall keep a greyhound or otherhound or dog to hunt, nor shall they use nets or cords or other devicesto take deer, hare, rabbits, nor other gentlemen's game, upon pain ofone year imprisonment. (The rabbit had been introduced by the Normans.)This 1390 law was primarily intended to stop the meetings of laborersand artificers.

No man shall eat more than two courses of meat or fish in hishouse or elsewhere, except at festivals, when three are allowed[because great men ate costly meats to excess and the lesser peoplewere thereby impoverished].

No one may export silver, whether bullion or coinage, or wineexcept foreign merchants may carry back the portion of their money notused to buy English commodities. The penalty for bringing false orcounterfeit money into the nation is loss of life and member. Anassigned searcher [inspector] for coinage of the nation on the seapassing out of the nation or bad money in the nation shall have onethird of it. No foreign money may be used in the nation.

Each goldsmith shall have an identifying mark, which shall beplaced on his vessel or work only after inspection by the King'ssurveyor.

No one shall give anything to a beggar who is capable ofworking.

Vagrants begging in London were banned by this 1359 ordinance:"Forasmuch as many men and women, and others, of divers counties, whomight work, to the help of the common people, have betaken themselvesfrom out of their own country to the city of London and do go aboutbegging there so as to have their own ease and repose, not wishing tolabor or work for their sustenance, to the great damage of the commonpeople; and also do waste divers alms which would otherwise be given tomany poor folks, such as lepers, blind, halt, and persons oppressedwith old age and divers other maladies, to the destruction of thesupport 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 inthe said city and who are able to labor and work for the profit of thecommon people shall quit the said city between now and Monday nextensuing. And if any such shall be found begging after the dayaforesaid, the same shall be taken and put in the stocks on Cornhillfor half a day the first time, and the second time he shall remain inthe stocks one whole day, and the third time he shall be taken andshall remain in prison for forty days and shall then forswear the saidcity forever. And every constable and the beadle of every ward of thesaid city shall be empowered to arrest such manner of folks and to putthem in the stocks in manner aforesaid."

The hundred year cry to "let the king live on his own" foundfruition in a 1352 statute requiring consent of the Parliament beforeany commission of array for militia could be taken and a 1362 statuterequiring purchases of goods and means of conveyance for the king andhis household to be made only by agreement with the seller and withpayment to him before the king traveled on, instead of at the lowprices 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 totake material for the maintenance of hedges and fences, and the makingof farming utensils] in his wood without being arrested so long as ittake such within the view of the foresters.

No fecal matter, dung, garbage, or entrails of animals killedshall be put into ditches or rivers or other waters, so that maladiesand diseases will not be caused by corrupted and infected air. Thepenalty is 400s. to the king after trial by the Chancellor.

Gifts or alienation of land to guilds, fraternities, or townsare forbidden. Instead, it escheats to its lord, or in his default, tothe King.

No man will be charged to go out of his county to do militaryservice except in case of an enemy invasion of the nation. Men whochose to go into the king's service outside the nation shall be paidwages by the king until their return.

Admiralty law came into being when ancient naval manners andcustoms were written down as the "Black Book of the Admiralty". Thisincluded the organization of the fleet under the Admiral, sea-maneuverrules such as not laying anchor until the Admiral's ship had,engagement rules, and the distribution of captured goods: one-fourth tothe vessel owner, one-fourth to the king if the seamen were paid by theking's wages, and the rest divided among the crew and Admiral. Stealinga boat or an anchor holding a boat was punishable by hanging. Stealingan oar or an anchor was punishable by forty days imprisonment for thefirst offense, six months imprisonment for the second, and hanging forthe third. Desertion was punishable by loss of double the amount ofwages earned and imprisonment for one year. Cases were tried by jury inthe 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 byknights, esquires and gentlemen who were closely associated with themagnates. There was no salary nor any requirement of knowledge of thelaw. They were to pursue, restrain, arrest, imprison, try, and dulypunish felons, trespassers, and rioters according to the law. They wereexpected to arrest vagrants who would not work and imprison them untilsureties for good behavior was found for them. They also were empoweredto inspect weights and measures.

The writ of trespass developed into three kinds according to the typeof injury: to person, land, or chattels. Trespass included forcibleoffenses of assault and battery, false imprisonment, breaking of afence enclosing private property, and taking away goods and chattels.The action of trespass was replacing private suits for murder and forpersonal injury.

Pardons may be given only for slaying another in one's owndefense or by misfortune [accident], and not for slaying by lying inwait, assault, or malice aforethought.

Justices of Assize, sheriffs, and Justices of the Peace andmayors shall have power to inquire of all vagabonds and compel them tofind surety of their good bearing or be imprisoned.

A reversioner shall be received in court to defend his rightwhen a tenant for a term of life, tenant in dower, or by curtesy of thenation, or in [Fee] Tail after Possibility of Issue extinct are sued incourt for the land, so as to prevent collusion by the demandants.

A person in debt may not avoid his creditors by giving histenements or chattels to his friends in collusion to have the profitsat his will.

Where there was a garnishment given touching a plea of land, awrit of deceit is also maintainable.

Actions of debt will be heard only in the county where thecontract was made. The action of debt includes enforcement of contractsexecuted 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 growingconnection between the actions of debt and contract.

Executors have an action for trespass to their testators' goodsand chattels in like manner as did the testator when alive.

If a man dies intestate, his goods shall be administered by hisnext and most lawful friends appointed. Such administrators shall havethe same powers and duties as executors and be accountable as areexecutors to the ecclesiastical court.

Children born to English parents in parts beyond the sea mayinherit from their ancestors in the same manner as those born in thenation.

A person grieved by a false oath in a town court proceeding mayappeal to the King's Bench or Common Pleas, regardless of any townfranchise.

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

The Court of Common Pleas had three types of jurisdiction: 1)common law jurisdiction between person and person, including actionsregarding land, which was exclusive, 2) personal actions of debt,detinue, account and covenant, and 3) mixed actions, both personal andregarding land, e.g. ejectment. It had shared jurisdiction with theCourt of the King's Bench in maintenance, conspiracy, other breaches ofstatute, trespass, trespass on the case, and their derivatives. Most ofits business had to do with recovery of debt, from 40s. to thousands ofpounds. The King's Bench and Common Pleas courts vied with each otherfor cases in order to get more profits of justice.

Grand juries were summoned by the sheriff to decide whether, onthe evidence of the prosecution, there was a case to go to trial. Thepetty or trial jury heard all parties to a lawsuit and determined thefacts. In 1351 a statute required that no member of a grand jury couldsit on a petty jury if so challenged by the accused.

Decisions of the common law courts are appealable to the Houseof Lords. The king's council members who are not peers, in particularthe justices and the Masters of the Chancery, are summoned by the Houseof Lords only as mere assistants. Parliament may change the common lawby statute. The right of a peer to be tried for capital crimes by acourt composed of his peers was established. There was a widespreadbelief 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 toany litigant before him.

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

Whereas it is contained in the Magna Carta that none shall beimprisoned nor put out of his freehold, nor of his franchises nor freecustom, unless it be by the law of the land; it is established thatfrom henceforth none shall be taken by petition or suggestion made tothe king unless by indictment of good and lawful people of the sameneighborhood where such deeds be done, in due manner, or by processmade by writ original at the common law; nor that none be out of hisfranchise, nor of his freeholds, unless he be duly brought into answerand before judges of the same by the course of law.

The Chancery came to have a separate and independent equitablejurisdiction. It heard petitions of misconduct of government officialsor of powerful oppressors, fraud, accident, abuse of trust, wardship ofinfants, dower, and rent charges. Because the common law and itsprocedures had become technical and rigid, the Chancery was givenequity jurisdiction by statute in 1285. King Edward III proclaimed thatpetitions for remedies that the common law didn't cover be addressed tothe Chancellor, who was not bound by established law, but could doequity. In Chancery, if there is a case that is similar to a case forwhich there is a writ, but is not in technical conformity with therequirements of the common law for a remedy, then a new writ may bemade for that case by the Chancellor. These were "actions on the case".Also, Parliament may create new remedies. There were so many cases thatwere similar to a case with no remedy specified in the common law, thatlitigants were flowing into the Chancery. The Chancellor gave swift andequitable relief, which was summary. The Chancery Court had no jury.With the backing of the council, the Chancellor made decisionsimplementing the policy of the Statute of Laborers. Most of theseconcerned occupational competency, for instance negligent activity ofcarriers, builders, shepherds, doctors, cloth workers, smiths,innkeepers, and gaolers. For instance, the common law action of detinuecould force return of cloth bailed for fulling or sheep bailed forpasturing, but could not address damages due to faulty work. TheChancellor addressed issues of loss of wool, dead lambs, and damagedsheep, as well as dead sheep. He imposed a legal duty on innkeepers toprevent injury or damage to a patron or his goods from third parties. Adog bite or other damage by a dog known by its owner to be vicious wasmade a more serious offense than general damage by any dog. A personstarting a fire was given a duty to prevent the fire from damagingproperty of others. The King will fine instead of seize the land of histenants who sell or alienate their land, such fine to be determined bythe Chancellor by due process. The Chancery is now a court side by sidewith the common law courts of Common Pleas, King's Bench, and Exchequer.

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

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

Attorneys presided over manorial courts and made decisions with orwithout the villeins in attendance based on the custom of the manor.

The King's coroner and a murderer who had taken sanctuary in achurch often agreed to the penalty of confession and perpetualbanishment from the nation as follows: "Memorandum that on July 6,[1347], Henry de Roseye abjured the realm of England before JohnBernard, the King's coroner, at the church of Tendale in the County ofKent in form following: 'Hear this, O lord the coroner, that I, Henryde Roseye, have stolen an ox and a cow of the widow of John Welsshe ofRetherfeld; and I have stolen eighteen beasts from divers men in thesaid county. And I acknowledge that I have feloniously killed Roger leSwan in the town of Strete in the hundred of Strete in the rape [adivision of a county] of Lewes and that I am a felon of the lord Kingof England. And because I have committed many ill deeds and thefts inhis land, I abjure the land of the Lord Edward King of England, and [Iacknowledge] that I ought to hasten to the port of Hastings, which thouhast given me, and that I ought not to depart from the way, and if I doso I am willing to be taken as a thief and felon of the lord King, andthat at Hastings I will diligently seek passage, and that I will notwait there save for the flood and one ebb if I can have passage; and ifI cannot have passage within that period, I will go up to the kneesinto the sea every day, endeavoring to cross; and unless I can do sowithin forty days, I will return at once to the church, as a thief anda felon of the lord King, so help me God."

Property damage by a tenant of a London building was assessedin a 1374 case: "John Parker, butcher, was summoned to answer ClementSpray in a plea of trespass, wherein the latter complained that thesaid John, who had hired a tavern at the corner of St. Martin- le-Grandfrom him for fifteen months, had committed waste and damage therein,although by the custom of the city no tenant for a term of years wasentitled to destroy any portion of the buildings or fixtures let tohim. He alleged that the defendant had taken down the door post of thetavern and also of the shop, the boarded door of a partition of thetavern, a seat in the tavern, a plastered partition wall, the stoneflooring in the chamber, the hearth of the kitchen, and the mantelpieceabove 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 thecountry. Afterwards a jury [panel]… found the defendant guilty of theaforesaid trespass to the plaintiff's damage, 40d. Judgment was givenfor that amount and a fine of 1s. to the King, which the defendant paidimmediately in court."

The innkeeper's duty to safeguard the person and property ofhis lodgers was applied in this case:

"John Trentedeus of Southwark was summoned to answer William Latymertouching a plea why, whereas according to the law and custom of therealm of England, innkeepers who keep a common inn are bound to keepsafely by day and by night without reduction or loss men who arepassing through the parts where such inns are and lodging their goodswithin those inns, so that, by default of the innkeepers or theirservants, no damage should in any way happen to such their guests …

On Monday after the Feast of the Purification of the Virgin Mary in thefourth year of the now King by default of the said John, certainmalefactors took and carried away two small portable chests with 533s.and also with charters and writings, to wit two writings obligatory, inthe one of which is contained that a certain Robert Bour is bound tothe said William in 2,000s. and in the other that a certain John Puseleis bound to the same William in 800s. 40 pounds … and with othermuniments [writings defending claims or rights] of the same William, towit his return of all the writs of the lord King for the counties ofSomerset and Dorset, whereof the same William was then sheriff, for themorrow of the Purification of the Blessed Mary the Virgin in the yearaforesaid, as well before the same lord the King in his Chancery and inhis Bench as before the justices of the King's Common Bench and hisbarons of his Exchequer, returnable at Westminster on the said morrow,and likewise the rolls of the court of Cranestock for all the courtsheld there from the first year of the reign of the said lord the Kinguntil the said Monday, contained in the same chests being lodged withinthe inn of the same John at Southwark

And the said John … says that on the said Monday about the secondhour 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 Williama certain chamber being in that inn, fitting for his rank, with a doorand a lock affixed to the same door with sufficient nails, so that heshould lie there and put and keep his things there, and delivered tothe said William the key to the door of the said chamber, which chamberthe said William accepted…

William says that … when the said John had delivered to him the saidchamber and key as above, the same William, being occupied about diversbusinesses to be done in the city of London, went out from the said inninto the city to expedite the said businesses and handed over the keyof the door to a certain servant of the said William to take care of inmeantime, ordering the servant to remain in the inn meanwhile and totake 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 ofthe said servant, the wife of the said John called unto her into herhall the said servant who had the key, giving him food and drink with amerry countenance and asking him divers questions and occupying himthus for a long time, until the staple of the lock of the dooraforesaid was thrust on one side out of its right place and the door ofthe chamber was thereby opened and his goods, being in the inn of thesaid John, were taken and carried off by the said malefactors … Thesaid John says …[that his wife did not call the servant into thehall, but that] when the said servant came into the said hall and askedhis wife for bread and ale and other necessaries to be brought to thesaid chamber of his master, his wife immediately and without delaydelivered to the same servant the things for which he asked …protesting that no goods of the same William in the said inn werecarried away by the said John his servant or any strange malefactorsother 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 debtfor 18s. against Edmund and John More before William Brampton, mayor ofthe staple of Westminster, and Thomas Alby and William Askham,constables of the said staple, and on that day the Mayor and theconstables issued a writ of capias against Edmund and John to answerMark and be before the Mayor and the constables at the next court. Thiswrit was delivered to Baddele as sergeant of the staple, and by virtueof it he took and imprisoned Edmund in the staple. Maud and the otherssay they aided Baddele by virtue of the said writ.

Edmund does not acknowledge Baddele to be sergeant of the staple orMark a merchant of the staple or that he was taken in the staple. He isminister of the King's Court of his Bench and is crier under ThomasThorne, the chief crier, his master. Every servant of the court isunder 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'sstaff of office before Hugh Huls, one of the King's justices, andWilliam 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 theChancellor in his court of conscience from around 1370. One such casewas that of Godwyne v. Profyt sometime after 1393. This petition wasmade to the Chancellor: To the most reverend Father in God, and mostgracious Lord, the bishop of Exeter, Chancellor of England. ThomasGodwyne and Joan his wife, late wife of Peter at More of Southwerk,most humbly beseech that, whereas at Michaelmas in the 17th year of ourmost excellent lord King Richard who now is, the said Peter at More inhis lifetime enfeoffed Thomas Profyt parson of St. George's churchSouthwerk, Richard Saundre, and John Denewey, in a tenement with theappurtenances situated in Southwerk and 24 acres of land 6 acres ofmeadow in the said parish of St. George and in the parish of our Ladyof Newington, on the conditions following, to wit, that the said threefeoffees should, immediately after the death of the said Peter, enfeoffthe said Joan in all the said lands and tenements with all theirappurtenances for the life of the said Joan, with remainder after herdecease to one Nicholas at More, brother of the said Peter, to hold tohim and the heirs of his body begotten, and for default of issue, thento be sold by four worthy people of the said parish, and the money tobe 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 saidfeoffees, Richard and John, by the procurement of one John Solas,released all their estate in the said lands and tenements to the saidThomas Profyt, on the said conditions, out of the great trust that theyhad in the said Thomas Profyt, who was their confessor, that he wouldperform the will of the said Peter [at More] in the form aforesaid; andthis well and lawfully to do the said Thomas Profyt swore on his VerbumDei and to perform the said conditions on all points. And since therelease was so made, the said Thomas Profyt, through the scheming andfalse covin of the said John Solas, has sold all the lands andtenements aforesaid to the same John Solas for ever. And the said JohnSolas is bound to the said Thomas Profyt in 100 pounds by a bond tomake defense of the said lands and tenements by the bribery andmaintenance against every one; and so by their false interpretation andconspiracy the said Joan, Nicholas, and Holy Church are like to bedisinherited and put out of their estate and right, as is abovesaid,for ever, tortiously, against the said conditions, and contrary to thewill of the said Peter [at More]. May it please your most righteousLordship to command the said Thomas Profyt, Richard Saundre, and JohnDenewy to come before you, and to examine them to tell the truth of allthe said matter, so that the said Joan, who has not the wherewithal tolive, may have her right in the said lands and tenements, as by theexamination 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 withFrance, which, with the help of Joan of Arc, took all English land onthe continent except the port of Calais, and the War of the Roses overthe throne in England. The ongoing border fights with Wales andScotland were fought by England's feudal army. But for fighting inFrance, the king paid barons and earls to raise their own fightingforces. When they returned to England, they fought to put theircandidate on its throne, which had been unsteady since its usurpationby Henry IV. All the great houses kept bands of armed retainers. Theseretainers were given land or pay or both as well as liveries [uniformsor badges] bearing the family crest. In the system of "livery andmaintenance", if the retainer was harassed by the law or by enemies,the lord protected him. The liveries became the badges of the factionsengaged in the War of the Roses. The white rose was worn by thesupporters of the house of York, and the red rose by supporters of thehouse of Lancaster. Great lords fought each other for property and madeforcible entries usurping private property. Nobles employed men who hadreturned from fighting in war to use their fighting skill in localdefense.Henry IV was the last true warrior king.

In both wars, the musket was used as well as the longbow. Touse it, powder was put into the barrel, then a ball rammed down thebarrel with a rod, and then the powder lit by a hot rod held with onehand while the other hand was used to aim the musket. Cannon were usedto besiege castles and destroy their walls, so many castles wereallowed to deteriorate. The existence of cannon also limited theusefulness of town walls for defense. But townspeople did not take partin the fighting.

Since the power of the throne changed from one faction toanother, political and personal vindictiveness gave rise to many billsof attainder that resulted in lords being beheaded and losing theirlands to the King. However, these were done by the form of law; therewere no secret executions in England. Families engaged in blood feuds.Roving bands ravaged the country, plundering the people, holding theforests, and robbing collectors of Crown revenue. Some men made aliving by fighting for others in quarrels. Individual life and propertywere insecure. Whole districts were in a permanent alarm of riot androbbery. The roads were not safe. There was fighting between lords andgangs of ruffians holding the roads, breaking into and seizing manorhouses, and openly committing murders.

Peace was never well-kept nor was law ever well-executed,though fighting was suspended by agreement during the harvest. Localadministration was paralyzed by party faction or lodged in some greatlord or some clique of courtiers. The elections of members toParliament were interfered with and Parliament was rarely held. Baronsand earls fought their disputes in the field rather than in the royalcourts. Litigation was expensive, so men relied increasingly on theprotection of the great men of their neighborhood and less on theKing's courts for the safety of their lives and land. Local meninvolved in court functions usually owed allegiance to a lord whichcompromised the exercise of justice. Men serving in an assize oftenlied to please their lord instead of telling the truth. Lordsmaintained, supported, or promoted litigation with money or aidsupplied to one party to the detriment of justice. It was not unusualfor lords to attend court with a great force of retainers behind them.Many Justices of the Peace wore liveries of magnates and accepted moneyfrom them. Royal justices were flouted or bribed. The King's writ wasdenied or perverted. For 6-8s., a lord could have the king instruct hissheriff to impanel a jury which would find in his favor. A statuteagainst riots, forcible entries, and, excepting the King, magnates'liveries of uniform, food, and badges to their retainers, except in waroutside the nation, was passed, but was difficult to enforce becausethe offenders were lords, who dominated the Parliament and the council.

With men so often gone to fight, their wives managed thehousehold alone. The typical wife had maidens of equal class to whomshe taught household management, spinning, weaving, carding wool withiron wool-combs, heckling flax, embroidery, and making garments. Therewere foot-treadles for spinning wheels. She taught the children. Eachday she scheduled the activities of the household including music,conversation, dancing, chess, reading, playing ball, and gatheringflowers. She organized picnics, rode horseback and went hunting,hawking to get birds, and hare-ferreting. She was nurse to all aroundher. If her husband died, she usually continued to manage the householdbecause most men named their wife as executor of their will with fullpower to act as she thought best. The wives of barons shared theirright of immunity from arrest by the processes of common law and to betried 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 bystiff leather or even iron. Her skirt was provocatively slit from kneeto ankle. All her hair was confined by a hair net. Headdresses werevery elaborate and heavy, trailing streamers of linen. Some were in theshape of hearts, butterflies, crescents, double horns, steeples, orlong cones. Men also wore hats rather than hoods. They wore huge hatsof velvet, fur, or leather. Their hair was cut into a cap-like shape ontheir heads, and later was shoulder-length. They wore doublets withthick padding over the shoulders or short tunics over the trucks oftheir 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 asdid ladies' tight and low- cut gowns. Men's shoes were pointed withupward pikes at the toes that impeded walking. At another time, theirshoes were broad with blunt toes. Both men and women wore much jewelryand ornamentation. But, despite the fancy dress, the overall mood was amacabre preoccupation with mortality, despair, and a lack of confidencein the future. Cannon and mercenaries had reduced the militarysignificance of knighthood, so its chivalric code deteriorated intosurface 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, andhis 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 paneledstonework, tracery and carving. There was often a bay or oriel windowwith still expensive glass. Tapestries, damask, and tablecloths coveredthe tables. The standard number of meals was three: breakfast, dinner,and supper. There was much formality and ceremonial ritual, moreelaborate than before, during dinners at manorial households, includingprocessions bringing and serving courses, and bowing, kneeling, andcurtseying. 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 saltand were served by the lord's sewer [served the food] and carver andgentlemen waiters; their social inferiors such as "gentlemen ofworship" sat below the salt and were served by another sewer andyeomen. The lord's cupbearer looked after the lord alone. A knights'table was waited on by yeomen. The gentlemen officers, gentlemenservants and yeomen officers were waited on by their own servants. Theamount of food dished out to each person varied according to his rank.The almoner said grace and distributed the leftovers to the poorgathered at the gate. The superior people's hands were washed by theirinferiors. Lastly, the trestle tables were removed while sweet wine andspices were consumed standing. Then the musicians were called into thehall and dancing began. The lord usually slept in a great bed in thisroom.

The diet of an ordinary family such as that of a smallshopholder or yeoman farmer included beef, mutton, pork, a variety offish, both fresh and salted, venison, nuts, peas, oatmeal, honey,grapes, apples, pears, and fresh vegetables. Cattle and sheep weredriven from Wales to English markets. This droving lasted for fivecenturies.

Many types of people besides the nobility and knights now hadproperty and thus were considered gentry: female lines of the nobility,merchants and their sons, attorneys, auditors, squires, andpeasant-yeomen. The burgess grew rich as the knight dropped lower. Thegreat merchants lived in mansions which could occupy whole blocks. Intowns these mansions were entered through a gate through a row of shopson the street.Typically, there would be an oak-paneled great hall, withadjoining kitchen, pantry, and buttery on one end and a great parlor toreceive guests, bedrooms, wardrobes, servants' rooms, and a chapel onthe other end or on a second floor. A lesser dwelling would have theserooms on three floors over a shop on the first floor. An averageLondoner would have a shop, a storeroom, a hall, a kitchen, and abuttery on the first floor, and three bedrooms on the second floor.Artisans and shopkeepers of more modest means lived in rows ofdwellings, each with a shop and small storage room on the first floor,and a combination parlor-bedroom on the second floor. The humblestresidents crowded their shop and family into one 6 by 10 foot room forrent of a few shillings a year. All except the last would also have asmall garden. The best gardens had a fruit tree, herbs, flowers, awell, and a latrine area. There were common and public privies forthose without their own. Kitchen slops and casual refuse continued tobe thrown into the street. Floors of stone or planks were strewn withrushes. There was some tile flooring. Most dwellings had glass windows.Candles were used for lighting at night. Torches and oil-burninglanterns were portable lights. Furnishings were still sparse. Men saton benches or joint stools and women sat on cushions on the floor. Halland parlor had a table and benches and perhaps one chair. Bedrooms hadbeds that were surrounded by heavy draperies to keep out cold drafts.The beds had pillows, blankets, and sheets. Clothes were stored in achest, sometimes with sweet-smelling herbs such as lavender, rosemary,and southernwood. Better homes had wall hanging and cupboardsdisplaying plate. Laundresses washed clothes in the streams, rivers,and public conduits. Country peasants still lived in wood, straw, andmud huts with earth floors and a smoky hearth in the center or akitchen area under the eaves of the hut.

In 1442, bricks began to be manufactured in the nation and sothere was more use of bricks in buildings. Chimneys were introducedinto manor houses where stone had been too expensive. This wasnecessary if a second floor was added, so the smoke would not damagethe floor above it and would eventually go out of the house.

Nobles and their retinue moved from manor to manor, as they hadfor centuries, to keep watch upon their lands and to consume theproduce thereof; it was easier to bring the household to the estatethan to transport the yield of the estate to the household. Also, atregular intervals sewage had to be removed from the cellar pits. Oftena footman walked or ran on foot next to his master or mistress whenthey rode out on horseback or in a carriage. He was there primarily forprestige.

Jousting tournaments were held for entertainment purposes onlyand were followed by banquets of several courses of food served ondishes of gold, silver, pewter, or wood on a linen cloth covering thetable. Hands were washed before and after the meal. People washed theirfaces every morning after getting up. Teeth were cleaned with powders.Fragrant leaves were chewed for bad breath. Garlic was used forindigestion and other ailments. Feet were rubbed with salt and vinegarto remove calluses. Good manners included not slumping against a post,fidgeting, sticking one's finger into one's nose, putting one's handsinto one's hose to scratch the privy parts, spitting over the table ortoo far, licking one's plate, picking one's teeth, breathing stinkingbreath into the face of the lord, blowing on one's food, stuffingmasses of bread into one's mouth, scratching one's head, looseningone's girdle to belch, and probing one's teeth with a knife.

Fishing and hunting were reserved for the nobility rather thanjust the King.

As many lords became less wealthy because of the cost of war,some peasants, villein and free, became prosperous, especially thosewho 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 intowaste. The better soils were leased by peasants, who, with theirfamilies, were in a better position to farm it than a great lord, whofound it hard to hire laborers at a reasonable cost. Further, peasants'sheep, hens, pigs, ducks, goats, cattle, bees, and crop made themalmost self-sufficient in foodstuffs. They lived in a huddle ofcottages, pastured their animals on common land, and used commonmeadows for haymaking. They subsisted mainly on boiled bacon, anoccasional chicken, worts and beans grown in the cottage garden, andcereals. They wore fine wool cloth in all their apparel. Brimless hatswere replacing hoods. They had an abundance of bed coverings in theirhouses. And they had more free time. Village entertainment includedtraveling jesters, acrobats, musicians, and bear-baiters. Playing gamesand 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 thecourt-roll of the manor, which listed the number of teams, the fines,the reliefs, and the services due to the lord for each landholder. TheChancery court interpreted many of these documents to include rights ofinheritance. The common law courts followed the lead of the Chanceryand held that marriage land could be inherited as was land at commonlaw. Evictions by lords decreased.

The difference between villein and freeman lessened butlandlords usually still had profits of villein bondage, such as heriot,merchet, and chevage.

Social mobility was most possible in the towns, wheredistinctions were usually only of wealth. So a poor apprentice couldaspire to become a master, a member of the livery of his company, amember of the council, an alderman, a mayor, and then an esquire forlife. The distance between baron and a country knight and between ayeoman and knight was wider. Manor custom was strong. But a yeomancould give his sons a chance to become gentlemen by entering them in atrade in a town, sending them to university, or to war. Every freemanwas to some extent a soldier, and to some extent a lawyer, serving inthe county or borough courts. A burgess, with his workshop orwarehouse, was trained in warlike exercises, and he could keep his ownaccounts, and make his own will and other legal documents, with the aidof a scrivener or a chaplain, who could supply an outline of form. Butlaw was growing as a profession. Old-established London families beganto choose the law as a profession for their sons, in preference to anapprenticeship in trade. Many borough burgesses in Parliament wereattorneys.

A class of laborers was arising who depended entirely on thewages of industry for their subsistence. The cloth workers in ruralareas were isolated and weak and often at the mercy of middlemen foremployment and the amount of their wages. When rural laborers went totowns to seek employment in the new industries, they would work atfirst for any rate. This deepened the cleavage of the classes in thetowns. The artificers in the town and the cottagers and laborers in thecountry lived from hand to mouth, on the edge of survival, but betteroff than the old, the diseased, the widows, and the orphans. However,the 1400s were the most prosperous time for laborers considering theirwages and the prices of food. Meat and poultry were plentiful and grainprices low.

In London, shopkeepers appealed to passersby to buy theirgoods, sometimes even seizing people by the sleeve. The drapers hadseveral roomy shops containing shelves piled with cloths of all colorsand grades, tapestries, pillows, blankets, bed draperies, and "bankersand dorsers" to soften hard wooden benches. A rear storeroom held morecloth for import or export. Many shops of skinners were on Fur Row.There were shops of leather sellers, hosiers, gold and silver cups, andsilks. 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 anddye), scarlet grains, saffron, iron, and a primitive steel. They wereretailers 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 todealing in the goods for which they had a right of inspection, and somany dealt in wine that it was a medium of exchange. There was no sharpdistinction between retail and wholesale trading.

London grocers sold herbs for medicinal as well as eatingpurposes. Breadcarts sold penny wheat loaves. Foreigners set up stallson 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 tobe exported. In 1410, the Guildhall of London was built throughcontributions, proceeds of fines, and lastly, to finish it, specialfees imposed on apprenticeships, deeds, wills, and letters-patent. TheMercers and Goldsmiths were in the prosperous part of town. TheGoldsmiths' shops sold gold and silver plate, jewels, rings, waterpitchers, drinking goblets, basins to hold water for the hands, andcovered saltcellars. The grain market was on Cornhill. Halfway up thestreet, 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 beenincarcerated by the night watch and the stocks and pillory, wherefraudulent schemers were exposed to ridicule. No work was to be done onSundays, but some did work surreptitiously. The barbers kept theirshops open in defiance of the church. Outside the London city wallswere tenements, the Smithfield cattle market, Westminster Hall, greenfields 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; smallprivate barges of great men with carved wood, gay banners, and oarsmenwith velvet gowns; the banks covered with masts and tackle; thenineteen arch London Bridge supporting a street of shops and houses anda drawbridge in the middle; quays; warehouses, and great cranes liftingbales from ship to wharf. Merchant guilds which imported or exportedeach had their own wharves and warehouses. Downstream, pirates hung ongallows at the low-water mark to remain until three tides hadoverflowed their bodies. A climate change of about 1 1/2 degree Celciuslower caused the Thames to regularly freeze over in winter.

The large scale of London trade promoted the specialization ofthe manufacturer versus the merchant versus the shipper. Merchants hadenough wealth to make loans to the government or for new commercialenterprises. Local reputation on general, depended upon a combinationof wealth, trustworthiness of character, and public spirit; it rose andfell with business success. Some London merchants were knighted by theKing. Many bought country estates thereby turning themselves intogentry.

The king granted London all common soils, improvements, wastes,streets, and ways in London and in the adjacent waters of the ThamesRiver and all the profits and rents to be derived therefrom. Later theking granted London the liberty to purchase lands and tenements worthup to 2,667s. yearly. With this power, London had obtained all theessential features of a corporation: a seal, the right to make by-laws,the power to purchase lands and hold them "to them and theirsuccessors" (not simply their heirs, which is an individual andhereditary succession only), the power to sue and be sued in its ownname, and the perpetual succession implied in the power of filling upvacancies by election. Since these powers were not granted by charters,London is a corporation by prescription. In 1446, the liverymenobtained the right with the council to elect the mayor, the sheriff,and certain other corporate officers.

Many boroughs sought and obtained formal incorporation with thesame essential features as London. This tied up the loose language oftheir early charters of liberties. Often, a borough would have its ownresident Justice of the Peace. Each incorporation involved a review bya Justice of the Peace to make sure the charter of incorporation ruledidn't conflict with the law of the nation. A borough typically had amayor accompanied by his personal sword- bearer and serjeants-at-macebearing the borough regalia, bailiffs, a sheriff, and chamberlains or asteward for financial assistance. At many boroughs, aldermen, assistedby their constables, kept the peace in their separate wards. Theremight be coroners, a recorder, and a town clerk, with a host of lesserofficials 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 publicannouncements through the streets], paviors [maintained the roads],scavengers and other street cleaners, gatekeepers and watchmen ofseveral ranks and kinds. A wealthy borough would have a chaplain andtwo or three minstrels. The mayor replaced the bailiffs as the chiefmagistracy.

In all towns, the wealthiest and most influential guilds werethe merchant traders of mercers, drapers, grocers, and goldsmiths. Fromtheir ranks came most of the mayors, and many began to intermarry withthe country knights and gentry. Next came the shopholders of skinners,tailors, ironmongers, and corvisors [shoemakers]. Thirdly came thehumbler artisans, the sellers of victuals, small shopkeepers,apprentices, and journeymen on the rise. Lastly came unskilledlaborers, who lived in crowded tenements and hired themselves out. Thefirst three groups were the free men who voted, paid scot and bore lot,and belonged to guilds. Scot was a ratable proportion in the paymentslevied from the town for local or national purposes. Merchant guilds insome towns merged their existence into the town corporation, and theirguild halls became the common halls of the town, and their propertybecame 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. Infact, every London trade of twenty men had its own guild. The guildsecured good work for its members and the members maintained thereputation of the work standards of the guild. Bad work was punishedand night work prohibited as leading to bad work. The guild exercisedmoral control over its members and provided sickness and death benefitsfor them. There was much overlapping in the two forms of association:the craft guild and the religious fraternity. Apprentices were taken into assure an adequate supply of competent workers for the future. Thestandard indenture of an apprentice bound him to live in his master'shouse; serve him diligently; obey reasonable commands; keep hismaster's secrets; protect him from injury; abstain from dice, cards andhaunting of taverns; not marry; commit no fornication, and not absenthimself without permission. In return the master undertook to providethe boy or girl with bed, board, and lodging and to instruct him or herin the trade, craft, or mystery. When these apprentices had enoughtraining 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, piemakers, 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, andfish from their boats, though they had to sell in the morning and sellall their goods before the market closed.

In the towns, many married women had independent businesses andwives also played an active part in the businesses of their husbands.Wives of well-to-do London merchants embroidered, sewed jewelry ontoclothes, and made silk garments. Widows often continued in theirhusband's businesses, such as managing a large import-export trade,tailoring, brewing, and metal shop. Socially lower women often rantheir own breweries, bakeries, and taverns. It was possible for wivesto be free burgesses in their own right in some towns.

Some ladies were patrons of writers. Some women were active inprison reform in matters of reviews to insure that no man was in gaolwithout due cause, overcharges for bed and board, brutality, andregulation of prisoners being placed in irons. Many men and women leftmoney in their wills for food and clothing for prisoners, especiallydebtors. Wills often left one-third of the wealth to the church, thepoor, prisoners, infirmaries, young girls' education; road, wall, andbridge repair; water supply, markets and almshouses. Some infirmarieswere for the insane, who were generally thought to be possessed by thedevil or demons. Their treatment was usually by scourging the demonsout of their body by flogging. If this didn't work, torture could beused to drive the demons from the body.

The guilds were being replaced by associations for theinvestment of capital. In associations, journeymen were losing theirchance of rising to be a master. Competition among associations wasstarting to supplant custom as the mainspring of trade.

The cloth exporters, who were mostly mercers, were unregulatedand banded together for mutual support and protection under the name ofMerchant Adventurers of London. The Merchant Adventurers was charteredin 1407. It was the first and a prototype of regulated companies. Thatis the company regulated the trade. Each merchant could ship on his owna certain number of cloths each year, the number depending on thelength of his membership in the company. He could sell them himself orby his factor at the place where the company had privileges of market.Strict rules governed the conduct of each member. He was to make salesonly at certain hours on specified days. All disagreements were to besettled by the company's governor, or his deputy in residence, andthose officials dealt with such disputes as arose between members ofthe company and continental officials and buyers. A share in theownership of one of their vessels was a common form of investment byprosperous merchants. By 1450, the merchant adventurers were dealing inlinen cloths, buckrams [a stiffened, coarse cloth], fustians [coarsecloth made of cotton threads going in one direction and linen threadsthe other], satins, jewels, fine woolen and linen wares, threads,potions, wood, oil, wine, salt, copper, and iron. They began to replacetrade by alien traders. The history of the "Merchant Adventurers" wasassociated with the growth of the mercantile system for more than 300years. 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 beingcarried. Iron-shod wheels and overloaded carts made them very uneven.London was the first town with paviors. They cleaned and repaired thestreets, filling up potholes with wood chips and compacting them withhand rams. The paviors were organized as a city company in 1479. About1482, towns besides London began appointing salaried road paviors torepair roads and collect their expenses from the householders becausethe policy of placing the burden on individual householders didn't workwell. London streets were lighted at night by public lanterns, underthe direction of the mayor. The residents were to light these candlelanterns in winter from dusk to the 9 p.m. curfew. There werefire-engines composed of a circular cistern with a pump and six feet ofinflexible hose on wheels pulled by two men on one end and pushed bytwo men on the other end. In 1480 the city walls were rebuilt with aweekly tax of 5d. per head.

In schools, there was a renaissance of learning from originalsources of knowledge written in Greek and rebirth of the Greek pursuitof the truth and scientific spirit of inquiry. There was a strikingincrease in the number of schools founded by wealthy merchants or townguilds. 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-doparents still sent sons to live in the house of some noble to servethem as pages in return for being educated with the noble's son by thehousehold priest. They often wore their master's coat of arms andbecame their squires as part of their knightly education. Sometimesgirls were sent to live in another house to receive education from atutor there under the supervision of the lady of the house. Every man,free or villein, could send his sons and daughters to school. In everyvillage, there were some who could read and write.

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

The book "Sir Gawain and the Green Knight" was written about anincident in the court of King Arthur and Queen Guenevere in which agreen knight challenges Arthur's knights to live up to their reputationfor valor and awesome deeds. The knight Gawain answers the challenge,but is shown that he could be false and cowardly when death seemed tobe imminent. Thereafter, he wears a green girdle around his waist toremind him not to be proud.

Other literature read included "London Lickpenny", a satire onLondon and its expensive services and products, "Fall of Princes" byJohn Lydgate, social history by Thomas Hoccleve, "The Cuckoo and theNightengale", and "The Flower and Leaf" on morality as secular commonsense. 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'snew version of the Arthurian stories was popular. Margery Kempe wrotethe first true autobiography. She was a woman who had a normal marriedlife with children, but one day had visions and voices which led her toleave her husband to take up a life of wandering and praying in holypossession. There were religious folk ballads such as "The Cherry TreeCarol", about the command of Jesus from Mary's womb for a cherry treeto bend down so that Mary could have some cherries from it. The commonpeople developed ballads, e.g. about their love of the forest, theirwish to hunt, and their hatred of the forest laws.

About 30% of Londoners could read English. Books were bought inLondon in such quantities by 1403 that the craft organizations oftext-letter writers, illuminators, bookbinders, and book sellers wassanctioned by ordinance. "Unto the honorable lords, and wise, the mayorand aldermen of the city of London, pray very humbly all the goodfolks, freemen of the said city, of the trades of writers oftext-letter, limners [illuminator of books], and other folks of Londonwho are wont to bind and to sell books, that it may please your greatsagenesses to grant unto them that they may elect yearly two reputablemen, the one a limner, the other a text- writer, to be wardens of thesaid trades, and that the names of the wardens so elected may bepresented each year before the mayor for the time being, and they bethere sworn well and diligently to oversee that good rule andgovernance is had and exercised by all folks of the same trades in allworks unto the said trades pertaining, to the praise and good fame ofthe loyal good men of the said trades and to the shame and blame of thebad and disloyal men of the same. And that the same wardens may calltogether all the men of the said trades honorably and peacefully whenneed shall be, as well for the good rule and governance of the saidcity as of the trades aforesaid. And that the same wardens, inperforming their due office, may present from time to time all thedefaults of the said bad and disloyal men to the chamberlain at theGuildhall for the time being, to the end that the same may there,according to the wise and prudent discretion of the governors of thesaid city, be corrected, punished, and duly redressed. And that all whoare rebellious against the said wardens as to the survey and good ruleof the same trades may be punished according to the general ordinancemade as to rebellious persons in trades of the said city [fines andimprisonment]. And that it may please you to command that thispetition, by your sagenesses granted, may be entered of record for timeto come, for the love of God and as a work of charity."

Gutenberg's printing press, which used movable type of smallblocks 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 wereplaced small metal frames into which words with small letters of leadhad been set up. Each line of text had to be carried from the type caseto the press. Beside the press were pots filled with ink and inkingballs. When enough lines of type to make a page had been assembled onthe 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 topress the paper against the type. Linen usually replaced the moreexpensive parchment for the book pages.

The printing press made books more accessible to all literatepeople. Caxton printed major English texts and some translations fromFrench and Latin. He commended different books to various kinds ofreaders, for instance, for gentlemen who understand gentleness andscience, or for ladies and gentlewomen, or to all good folk. There weremany cook books in use. There were convex eyeglasses for reading andconcave ones for distance to correct near-sightedness. The first publiclibrary 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 ofdisorder, hatred of sheriffs, but faith in the King. The legend ofRobin Hood was popular, as were town miracle plays on leading incidentsof the Bible and morality plays. Vintners portrayed the miracle of Canawhere water was turned into wine and Goldsmiths ornately dressed thethree Kings coming from the east. In York, the building of Noah's Arkwas performed by the Shipwrights and the Flood performed by the Fisheryand Mariners. Short pantomimes and disguising, forerunners of costumeparties, were good recreation. Games of cards became popular as soon ascards were introduced. The king, queen, and jack were dressed incontemporary clothes. Men bowled, kicked footballs, and played tennis.In London, Christmas was celebrated with masques and mummings. Therewas a great tree in the main market place and evergreen decorations inchurches, houses, and streets. There were also games, dances, streetbonfires in front of building doors, and general relaxation of socialcontrols. Sometimes there was drunken licentiousness and revelry, withpeasants gathering together to make demands of lords for the best ofhis goods. May Day was celebrated with crowns and garlands of springflowers. The village May Day pageant was often presided over by RobinHood and Maid Marion.

People turned to mysticism to escape from the everyday violentworld. They read works of mystics, such as "Scale of Perfection" and"Cloud of Unknowing", the latter describing how one may better knowGod. They believed in magic and sorcery, but had no religiousenthusiasm because the church was engendering more disrespect. Monksand nuns had long ago resigned spiritual leadership to the friars; nowthe friars too lost much of their good reputation. The monks becameused to life with many servants such as cooks, butlers, bakers,brewers, barbers, laundresses, tailors, carpenters, and farm hands. Theausterity of their diet had vanished. The schedule of divine serviceswas no longer followed by many and the fostering of learning wasabandoned. Into monasteries drifted the lazy and miserable. Nunnerieshad become aristocratic boarding houses. The practice of takingsanctuary was abused; criminals and debtors sought it and were allowedto overstay the 40-day restriction and to leave at night to commitrobberies. There were numerous chaplains, who were ordained becausethey received pay from private persons for saying masses for the dead;They had much leisure time for mischief because they had to forego wifeand family. Church courts became corrupt, but jealously guarded theirjurisdiction from temporal court encroachment. Peter's Pence was nolonger paid by the people, so the burden of papal exaction fell whollyon the clergy. But the church was rich and powerful, paying almost athird of the whole taxation of the nation and forming a majority in theHouse of Lords. Many families had kinsmen in the clergy. Even thelowest 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 thehour and minute of each day, because clocks driven by a descendingweight 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 ofefficiency. These weight-driven clocks replaced water clocks, which hada problem of water freezing, and sandclocks, which could measure onlysmall time intervals.

A linguistic unity and national pride was developing. LondonEnglish became the norm and predominated over rural dialects. Importantnews was announced and spread by word of mouth in market squares andsometimes in churches. As usual, traders provided one of the bestsources of news; they maintained an informal network of speedymessengers and accurate reports because political changes so affectedtheir ventures. News also came from peddlers, who visited villages andfarms 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 wasfairly profitable because of the lack of competition. But peddlers wereoften viewed as tramps and suspected of engaging in robbery as well aspeddling.

A royal post service was established by relays of mountedmessengers. The first route was between London and the Scottish border,where there were frequent battles for land between the Scotch andEnglish.

The inland roads from town to town were still rough and withoutsigns. A horseman could make up to 40 miles a day. Common carriers tookpassengers and parcels from various towns to London on scheduledjourneys. Now the common yeoman could order goods from the Londonmarket, communicate readily with friends in London, and receive news ofthe world frequently. Trade with London was so great and the commoncarrier so efficient in transporting goods that the medieval fair beganto decline. First the Grocers and then the Mercers refused to allowtheir members to sell goods at fairs. There was much highway robbery.Most goods were still transported by boats along the coasts, withtrading 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 restrictedby national policy for the purpose of protecting native industries.

English single-masted ships began to be replaced by two orthree masted ships with high pointed bows to resist waves and sailsenabling the ship to sail closer to the wind. 200 tuns was the usualcarrying capacity. The increase in trade made piracy, even bymerchants, profitable and frequent until merchant vessels began sailingin groups for their mutual protection. The astrolabe, which tookaltitude 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 andresolved to create a national fleet of warships instead of usingmerchant ships. In 1417, the war navy had 27 ships. In 1421, Portsmouthwas fortified as a naval base. Henry V issued the orders that formedthe basic law of English admiralty and appointed surgeons to the navyand army.

For defense of the nation, especially the safeguard of theseas, Parliament allotted the king for life, 3s. for every tun of wineimported and an additional 3s. for every tun of sweet wine imported.From about 1413, tunnage on wine [tax per tun] and poundage [tax perpound] on merchandise were duties on goods of merchants which wereregularly granted by Parliament to the king for life for upkeep of theNavy. 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. Theplague swept London in 1467 and the nation in 1407, 1445, and 1471.Leprosy disappeared.

Infirmaries were supported by a tax of the king levied onnearby counties. The walls, ditches, gutters, sewers, and bridges onwaterways and the coast were kept in repair by laborers hired bycommissions appointed by the Chancellor. Those who benefited from thesewaterways were taxed for the repairs in proportion to their use thereof.

Alabaster was sculptured into tombs surmounted with a recumbenteffigy of the deceased, and effigies of mourners on the sides. Fewtownsmen choose to face death alone and planned memorial masses to besung to lift their souls beyond Purgatory. Chantries were built bywealthy men for this purpose.

Chemical experimentation was still thought to be akin to sorcery, sowas 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 becausehe needed revenue from taxes and as a usurper King, he did not carrythe natural authority of a King. The Commons acquired the right toelect its own speaker. The lords who helped the usurpation felt theyshould share the natural power of the kingship. The council became theinstrument of the Lords. Also, the Commons gained power compared to thenobility because many nobles had died in war. The consent of theCommons to legislation became so usual that the justices declared thatit was necessary. The Commons began to see itself as representative ofthe entire commons of the realm instead of just their own counties. Itsmembers had the freedom to consider and debate every matter of publicinterest, foreign or domestic, except for church matters. The Commons,the poorest of the three estates, established an exclusive right tooriginate all money grants to the king in 1407. The Speaker of theCommons announced its money grant to the king only on the last day ofthe parliamentary session, after the answers to its petitions had beendeclared, and after the Lords had agreed to the money grant. It tiedits grants by rule rather than just practice to certain appropriations.For instance, tunnage and poundage were appropriated for navaldefenses. Wool customs went to the maintenance of Calais, a port on thecontinent, and defense of the nation. It also put the petitions instatutory form, called "bills", to be enacted after consideration andamendment by all without alteration. Each house had a right todeliberate in privacy. In the Commons, members spoke in the order inwhich they stood up bareheaded. Any member of Parliament or eitherhouse or the king could initiate a bill. Both houses had the power toamend or reject a bill. There were conferences between selectcommittees of both houses to settle their differences. The Commonsrequired the appointment of auditors to audit the King's accounts toensure past grants had been spent according to their purpose. It forcedthe King's council appointees to be approved by Parliament and to bepaid salaries. About 1430, kings' councilors were required to take anoath not to accept gifts of land, not to maintain private suits, not toreveal secrets, and not to neglect the king's business. A quorum wasfixed and rules made for removal from the council. For the next fiftyyears, 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 agendaof Parliament, veto or amend its bills, exercise his discretion as towhich lords he summoned to Parliament, and create new peers by letterspatent [official public letters]. Parliament was affected by thefactionalism of the times. The speaker of the commons was often anofficer of some great lord. In 1426, the retainers of the barons inParliament were forbidden to bear arms, so they appeared with clubs ontheir shoulders. When the clubs were forbidden, they came with stonesconcealed in their clothing.

Kings created dukes and marquesses to be peers. A duke wasgiven creation money or allowance of 40 pounds a year. A marquess wasgiven 35 pounds. These new positions could not descend to an heiress,unlike a barony or earldom. An earl was given 20 pounds, which probablytook the place of his one-third from the county. King Henry VI gave thetitle of viscount to several people; it had an allowance of 13.3 poundsand was above baron. It allowed them to be peers. There were about 55peers. Henry VI also began the offices of Keeper of the Great Seal,Keeper of the Privy Seal, Chamberlain, Steward of the Household, to begreat offices of state besides chancellor and Treasurer. They weremembers of his Council along with the Archbishops of Canterbury andYork and about 15 other members. In King Edward IV's reign, the king'sretinue had about 16 knights, 160 squires, 240 yeomen, clerks, grooms,and stablemen. The suitable annual expense of the household of the kingwas 13,000 pounds for his retinue of about 516 people, a duke 4,000pounds for about 230 people, a marquess 3,000 pounds for about 224people, an earl 2,000 pounds for about 130 people, a viscount 1,000pounds for about 84 people, a baron 500 pounds for about 26 people, abanneret [a knight made in the field, who had a banner] 200 pounds forabout 24 people, a knight bachelor 100 pounds for about 16 people, anda squire 50 pounds for about 16 people. Of a squire's 50 pounds, about25 pounds were spent in food, repairs and furniture 5, on horses, hay,and carriage 4, on clothes, alms and oblations 4, wages 9, livery ofdress 3, and the rest on hounds and the charges of harvest and haytime. Many servants of the household of the country gentleman were poorrelations. They might by education and accomplishment rise into theservice of a baron who could take him to court, where he could make hisfortune.

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

The authority of the King's privy seal had become a greatoffice of state which transmitted the King's wishes to the Chancery andExchequer, rather than the King's personal instrument for sealingdocuments. Now the king used a signet kept by his secretary as hispersonal seal. Edward IV made the household office of secretary, whohad custody the king's signet seal, a public office. The secretary wasgenerally 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 ofthe rack to torture people to give information, and other interferenceswith justice, all of which the Tudor sovereigns later used. Torture wasused to discover facts, especially about coconspirators, rather than toelicit a confession, as on the continent. It was only used on prisonersheld in the Tower of London involved in state trials and could only beauthorized by the king's closest councilors in virtue of the royalprerogative. The rack stretched the supine body by the wrists and legswith increasing agony at the joints until the limbs were dislocated.Some victims were permanently crippled by it; others died on it. Mosttold what they knew, often at the very sight of the rack. Torture wasforbidden in the common law, which favored an accusatorial system, inwhich the accuser had to prove guilt, rather than an inquisitionalsystem, in which the accused had to prove innocence. Edward IV appliedmartial law to ordinary cases of high treason by extending thejurisdiction of the politically- appointed High Constable of England tothese cases, thus depriving the accused of trial by jury. He executedmany for treason and never restored their forfeited land to theirfamilies, as had been the usual practice.

King Richard III prohibited the seizure of goods beforeconviction of felony. He also liberated the unfree villeins on royalestates.

It was declared under Parliamentary authority that there was apreference for the Crown to pass to a King's eldest son, and to hismale issue after him. Formerly, a man could ascend to the thronethrough his female ancestry as well.

The Law

The forcible entry statute is expanded to include peacefulentry with forcible holding after the justices arrived and to forcibleholding with departure before the justices arrived. Penalties aretriple damages, fine, and ransom to the King. A forceful possessionlasting three years is exempt.

By common law, a tenant could not take away buildings orfixtures he built on land because it would be wasteful. This applied toagricultural fixtures, but not to other trade fixtures. Also at commonlaw, if a person had enjoyed light next to his property for at least 20years, no one could build up the adjacent land so that the light wouldbe 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 theestate of freehold to a yearly value of 67s., because swans of theKing, lords, knights, and esquires have been stolen by yeomen andhusbandmen.

The wage ceiling for servants is: bailiff of agriculture23s.4d. per year, and clothing up to 5s., with meat and drink; chiefpeasant, a carter, chief shepherd 20s. and clothing up to 4s., withmeat and drink; common servant of agriculture 15s., and clothing up to3s.4d.; woman servant 10s., and clothing up to 4s., with meat anddrink; infant under fourteen years 6s., and clothing up to 3s., withmeat and drink. Such as deserve less or where there is a custom ofless, that lesser amount shall be given.

For laborers at harvest time: mower 4d. with meat and drink or6d. without; reaper or carter: 3d. with or 5d. without; woman laborerand other laborers: 2d with and 4d. without.

The ceiling wage rate for craftsmen per day is: free mason ormaster carpenter 4d. with meat and drink or 5d. without; master tileror slater, rough mason, and mesne [intermediary] carpenter and otherartificiers in building 3d. with meat and drink or 4d. without; everyother laborer 2d. with meat and drink or 3d. without. In winter therespective 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 masterand covenants to serve another man at the end of this term and thatother man shall notify the master by the middle of his term so he canget a replacement worker. Otherwise, the servant shall continue toserve the first master.

No man or woman may put their son or daughter to serve as anapprentice in a craft within any borough, but may send the child toschool, unless he or she has land or rent to the value of 20s. peryear.This was because of scarcity of laborers and other servants ofa*griculture.

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 preservethe industry of agriculture. The following list of classes shows thelowest 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. peryear, 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 of800s. 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 theabove three classes - fustian, bustian, scarlet cloth in grain

6. -Men with possessions under the yearly value of 40s. excluding thefirst 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 of14s., a girdle with silver, kerchief up to 12d.

8. -Servants of agriculture, laborer, servant, country craftsman - noneof 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 weightsaccording to the standard of the Exchequer. All citizens may weighgoods for free. All cloth to be sold shall be sealed according to thismeasure.

There is a standard bushel of grain throughout the nation.

There are standard measures for plain tile, roof tile, andgutter 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 increasethe value of silver coinage, which has become scarce due to its highervalue when in plate or masse.

A designee of the king will inspect and seal cloth with lead toprevent deceit. Cloth may not be tacked together before inspection. Nocloth may be sold until sealed.

Heads of arrows shall be hardened at the points with steel andmarked with the mark of the arrowsmith who made it, so they are notfaulty.

Shoemakers and cordwainers may tan their leather, but allleather must be inspected and marked by a town official before it issold.

To prevent deceitful tanning, cordwainers shall not tanleather. Tanners who make a notorious default in leather which is foundby a cordwainer shall make a forfeiture.

Defective embroidery for sale shall be forfeited.

No fishing net may be fastened or tacked to posts, boats, oranchors, but may be used by hand, so that fish are preserved andvessels may pass.

No one may import any articles which could be made in thenation, including silks, bows, woolen cloths, iron and hardware goods,harness and saddlery, except printed books.

The following merchandise shall not be brought into the nationalready 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 ofiron steel or of tin, any thing wrought of any treated leather, towedfurs, shoes, galoshes, corks, knives, daggers, woodknives, thick bluntneedles, sheers for tailors, scissors, razors, sheaths, playing cards,pins, pattens [wooden shoes on iron supports worn in wet weather], packneedles, painted ware, forcers, caskets, rings of copper or of giltsheet metal, chaffing dishes, hanging candlesticks, chaffing balls,mass bells, rings for curtains, ladles, skimmers, counterfeit felt hatmoulds, water pitchers with wide spouts, hats, brushes, cards for wool,white iron wire, upon pain of their forfeiture. One half thisforfeiture goes to the king and the other half to the person seizingthe 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 Parliamentshall be proclaimed by the sheriff in the full county so all may attendand none shall be commanded to do something else at that time. Electionis to be by majority of the votes and its results will be sealed andsent to Parliament.

Electors and electees to Parliament must reside in the countyor be citizens or burgesses of a borough. To be an elector toParliament, a knight must reside in the county and have a freehold ofland or tenements there of the value of at least 40s. per year, becauseparticipation in elections of too many people of little substance orworth had led to homicides, assaults, and feuds. (These "yeomen" wereabout one sixth of the population. Most former electors and everyleaseholder and every copyholder were now excluded. Those elected forParliament were still gentry chosen by substantial freeholders.)

London ordinances forbade placing rubbish or dung in the ThamesRiver or any town ditch or casting water or anything else out of awindow. The roads were maintained with tolls on carts and horsesbringing victuals or grains into the city and on merchandise unloadedfrom ships at the port. No carter shall drive his cart more quicklywhen it is unloaded than when it is loaded. No pie bakers shall sellbeef pies as venison pies, or make any meat pie with entrails. Toassist 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 textbookdescribing tenancies in dower; the tenures of socage, knight's service,serjeanty, and burgage; estates in fee simple, fee tail, and feeconditional; inheritance and alienation of land. For instance, "Also,if feoffment be made upon such condition, that if the feoffor pay tothe feofee at a certain day, etc., 800s. forty pounds of money, thatthen the feoffor may reenter, etc., in this case the feoffee is calledtenant in mortgage, … and if he doth not pay, then the land which heputs in pledge upon condition for the payment of the money is gone fromhim for ever, and so dead as to the tenant, etc."

Joint tenants are distinguished from tenants in common byLittleton thus: "Joint-tenants are, as if a man be seised of certainlands or tenements, etc., and thereof enfeoffeth two, or three, orfour, or more, to have and to hold to them (and to their heirs, orletteth to them) for term of their lives, or for term of another'slife; by force of which feoffment or lease they are seised, such arejoint-tenants. … And it is to be understood, that the nature ofjoint-tenancy is, that he that surviveth shall have solely the entiretenancy, according to such estate as he hath, …" "Tenants in commonare they that have lands or tenements in fee-simple, fee-tail, or forterm of life, etc., the which have such lands and tenements by severaltitle, and not by joint title, and neither of them knoweth thereof hisseveralty, but they ought by the law to occupy such lands or tenementsin common pro indiviso [undivided], to take the profits in common.…As if a man enfeoff two joint-tenants in fee, and the one of themalien that which to him belongeth to another in fee, now the otherjoint-tenant and the alienee are tenants in common, because they are insuch tenements by several titles, …"

There are legal maxims and customs of ancient origin which havebecome well established and known though not written down as statutes.Some delineated by Christopher St. Germain in "Doctor and Student" in1518 are:

1. -The spouse of a deceased person takes all personal and realchattels of the deceased.

2. -For inheritance of land, if there are no descendant children, thebrothers and sisters take alike, and if there are none, the next bloodkin of the whole blood take, and if none, the land escheats to thelord. 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 heirsof his body, his eldest brother takes his lands and not the youngerbrother. The next possible heir in line is the younger brother, and thenext after him, the father's brother.

5. -For lands held in socage, if the heir is under 14, the next friendto the heir, to whom inheritance may not descend, shall have the wardof his body and lands until the heir is 14, at which time the heir mayenter.

6. -For lands held by knight's service, if the heir is under 14, thenthe lord shall have the ward and marriage of the heir until the heir is21, if male, or 14 (changed to 16 in 1285), if female. When of age, theheir shall pay relief. By the right of marriage, a lord could give hisward-heirs in marriage to a suitable match. Should this match berefused, its value, determined by a judge, was forfeited to the lord.

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

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

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

10. -All birds, fowls, and wild beasts of the forest and warren areexcepted out of the law and custom of property. No property may be hadof them unless they are tame. However, the eggs of hawks and herons andthe 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 isbut petty larceny, and he shall not die for it, but shall be punishedat the discretion of the judges. This not apply to goods taken from theperson, which is robbery, a felony punishable by death.

12. If the son is attainted [convicted of treason or felony with thedeath penalty and forfeiture of all lands and goods] in the life of thefather, and after he purchases his -charter of pardon of the King, andafter the father dies; in this case the land shall escheat to the lordof the fee, insomuch that though he has a younger brother, yet the landshall not descend to him: for by the attainder of the elder brother theblood is corrupt, and the father in the law died -without heir.

13. A man declared outlaw forfeits his profits from land and his goodsto 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 wholeinquests would have thirty-six) peremptorily. With cause, he maychallenge as many as he has cause to challenge if he can prove it. Suchperemptory 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, theone who made the command is a trespasser.

17. The land of every man is in the law enclosed from other, though itlies 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 beastsdo in the growing grain or grass of his neighbor, though he didn't knowthat they were there.

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

20. He who recovers debt or damages in the King's court when the personcharged is not in custody, may within a year after the judgment takethe body of the defendant, and commit him to prison until he has paidthe debt and damages.

21. If the demandant or plaintiff, hanging his writ (writ pending incourt), will enter into the thing demanded, his writ shall abate.

22. By the alienation of the tenant, hanging the writ, or his entryinto religion, or if he is made a knight, or she is a woman and takes ahusband hanging the writ, the writ shall not abate.

23. The king may disseise no man and no man may disseise the king, norpull any reversion or remainder out of him.

Judicial Procedure

The prohibition against maintenance was given penalties in 1406of 100s. per person for a knight or lower giving livery of cloth orhats, and of 40s. for the receiver of such. A person who brought suchsuit to court was to be given half the penalty. The Justices of Assizeand King's Bench were authorized to inquire about such practices. Thestatute explicitly included ladies and any writing, oath, or promise aswell as indenture. Excepted were guilds, fraternities, and craftsmen ofcities and boroughs which were founded on a good purpose; universities;the mayor and sheriffs of London; and also lords, knights, and esquiresin 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 monthto the person retained. Still this law was seldom obeyed.

People took grievances outside the confines of the rigid commonlaw to the Chancellor, who could give equitable remedies underauthority of a statute of 1285 (described in Chapter 8). The Chanceryheard many cases of breach of faith in the "use", a form of trust inwhich three parties were involved: the holder of land, feofees to whomthe holder had made it over by conveyance or "bargain and sale", andthe beneficiary or receiver of the profits of the land, who was oftenthe holder, his children, relatives, friends, an institution, or acorporation. This system of using land had been created by the friarsto get around the prohibition against holding property. Lords andgentry quickly adopted it. The advantages of the use were that 1) therewas no legal restriction to will away the beneficial interest of theuse although the land itself could not be conveyed by will; 2) it washard for the king to collect feudal incidents because the feoffees wereoften unknown 3) the original holder was protected from forfeiture ofhis land in case of conviction of treason if the Crown went to someonehe had not supported. Chancery gave a remedy for dishonest ordefaulting feofees.

Chancery also provided the equitable relief of specificperformance in disputes over agreements, for instance, conveyance ofcertain land, whereas the common law courts awarded only monetarydamages by the writ of covenant.

Chancery ordered accounts to be made in matters of foreigntrade because the common law courts were limited to accounts pursuantto transactions made within the nation. It also involved itself in theadministration of assets and accounting of partners to each other.

The Chancellor took jurisdiction of cases of debt, detinue, andaccount which had been decided in other courts with oath-helping by thedefendant. He did not trust the reliance on friends of the defendantswearing that his statement made in his defense was true. An importantevidentiary difference between procedures of the Chancery and thecommon law courts was that the Chancellor could orally question theplaintiff and the defendant under oath. He also could order persons toappear at his court by subpoena, under pain of punishment, such as aheavy fine.

The Court of Common Pleas had three types of jurisdiction: 1)common law jurisdiction between person and person, including actionsregarding land, which was exclusive, 2) personal actions of debt,detinue, account and covenant, and 3) mixed actions, both personal andregarding land, e.g. ejectment. It had shared jurisdiction with theCourt of the King's Bench in maintenance, conspiracy, other breaches ofstatute, trespass, trespass on the case, and their derivatives. Most ofits business had to do with recovery of debt, from 40s. to thousands ofpounds.

Whereas the characteristic award of the common law courts wasseisin of land or monetary damages, Chancery often enjoined certainaction. Because malicious suits were a problem, the Chancery identifiedsuch suits and issued injunctions against taking them to any court.

The Chancery was given jurisdiction by statute over men ofgreat power taking by force women who had lands and tenements or goodsand not setting them free unless they bound themselves to pay greatsums to the offenders or to marry them. A statute also gave Chanceryjurisdiction over servants taking their masters' goods at his death.Chancery could issue writs of habeas corpus [produce the body] to bringa person before a court or judge.

Justices of the Peace, appointed by the Crown, investigated allriots and arrested rioters, by authority of statute. If they haddeparted, the Justices certified the case to the King. The case wasthen set for trial first before the king and his council and then atthe King's Bench. If the suspected rioters did not appear at eithertrial, they could be convicted for default of appearance. If a riot wasnot investigated and the rioters sought, the Justice of the Peacenearest forfeited 2,000s. Justices of the Peace were not paid. Forcomplex cases and criminal cases with defendants of high social status,they deferred to the Justices of Assize, who rode on circuit once ortwice a year. Since there was no requirement of legal knowledge for aJustice of the Peace, many referred to the "Boke of the Justice of thePeas" compiled about 1422 for them to use. Manor courts still formallyadmitted new tenants, registered titles, sales of land and exchanges ofland, and commutation of services, enrolled leases and rules ofsuccession, settled boundary disputes, and regulated the villageagriculture.

All attorneys shall be examined by the royal justices for theirlearnedness in the law and, at their discretion, those that are goodand 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 ownuse 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 yearin value. In a plea of land worth at least 40s. yearly or a personalplea with relief sought at least 800s., jurors had to have land in thebailiwick to the value of at least 400s., because perjury wasconsidered less likely in the more sufficient men.

In criminal cases, there were many complaints made that thesame men being on the grand assize and petty assize was unfair becauseprejudicial. So it became possible for a defendant to challenge anindictor for cause before the indictor was put on the petty assize.Then the petty assize came to be drawn from the country at large andwas a true petty or trial jury. Jurors were separated from witnesses.In the 1700s, the principle was established that a juror should not siton a case of which he had previous knowledge.

Justices of the Peace were to have lands worth 267s. yearly,because those with less had used the office for extortion and lost therespect 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 theswift succession of parliaments during the civil war. This was a morerapid and efficient technique of bringing down unpopular ministers orpolitical foes. There was no introduction of evidence, nor opportunityfor the person accused to defend himself, nor any court procedure, asthere 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 awrit of trespass for goods taken from Alice while she was single. Thedefendant appeared and pleaded not guilty but was found guilty by ajury at nisi prius, which assessed the damages at 20 pounds. Before thecase was next to be heard in the King's Court an injunction issued outof the Chancery to the plaintiffs not to proceed to judgment, on painof 100 pounds, and for a long time judgment was not asked for. ThenHussey CJKB. asked Spelman and Fincham, who appeared for the plaintiffif they wanted to ask for judgment according to the verdict. Fincham[P]: We would ask for judgment, except for fear of the penalty providedfor in the injunction, for fear that our client will be imprisoned bythe Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment inspite of the injunction, for if it is addressed to the plaintiff hisattorney can ask for judgment, and vice versa. Hussey, CJKB: We haveconsulted together on this matter among ourselves and we see no harmwhich can come to the plaintiff if he proceeds to judgment. The lawwill not make him pay the penalty provided in the injunction. If theChancellor 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 ahabeas corpus returnable before us, and when you appear before us weshall discharge you, so you will not come to much harm, and we shall doall we can for you. Nevertheless, Fairfax said he would go to theChancellor and ask him if he would discharge the injunction. And theyasked for judgment and it was held that they should recover theirdamages as assessed by the jury, but they would not give judgment fordamages caused by the vexation the plaintiff suffered through theChancery injunction. And they said that if the Chancellor would notdischarge the injunction, they would give judgment if the plaintiffwould 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 whereasshe has sued for many years in the King's Bench and in the Common Pleasfor withholding diverse charters and evidences of land, leaving anddelaying her dower of the manor of Manthorpe in Lincolnshire and alsoof the manor of Gildenburton in Northamptonshire, together with thewithdrawing of her true goods which her husband gave her on hisdeathbed to the value of 100 pounds and more, under record of notary,sued against Harry Alcote and Elizabeth of the foresaid Gildenburtonwithin the same county of Northampton. And by collusion and ficklecounsel of the foresaid Harry and Elizabeth his mother there was ledand shown for him within the Common Pleas a false release, sealed, tovoid and exclude all her true suit by record of true clerks andattorneys of the aforesaid Common Pleas. Of the which false releaseproved she has a copy to show. [All this is] to her great hindrance andperpetual destruction unless she have help and remedy by your righteousand gracious lordship in this matter at this time. That it please yournoble grace and pity graciously to grant a writ subpoena to command theforesaid Henry Alcote and Elizabeth Alcote to come before your presenceby a certain day by you limited in all haste that they may come toWestminster to answer to this matter abovesaid, for love of God and adeed of charity, considering graciously that the foresaid Harry Alcote,with another fellow of his affinity who is not lately hanged for athief in Franceled her into a garden at Gildenburton and put her downon the ground, laying upon her body a board and a summer saddle andgreat stones upon the board, the foresaid Harry Alcote sitting acrossher feet and the other at her head for to have slain her and murderedher, and by grace of our lady her mother- in-law out walking heard apiteous voice crying and by her goodness she was saved and delivered,and otherwise would be dead. Pledges to prosecute: John Devenshire ofBerdevyle in Essex and James Kelom of London. Returnable in Michaelmasterm.

Chapter 11

The Times: 1485-1509

Henry Tudor and other exiles defeated and killed Richard III onBosworth field, which ends the civil War of the Roses between theLancaster and York factions. As King, Henry VII restored order to thenation. He was readily accepted as king because he was descended fromthe Lancaster royal line and he married a woman from the York royalline. Henry was intelligent and sensitive. He weighed alternatives andpossible consequences before taking action. He was convinced by reasonon what plans to make. In his reign of 24 years, Henry applied himselfdiligently to the details of the work of government to make it workwell. He strengthened the monarchy, shored up the legal system to workagain, and provided a peace in the land in which a renaissance of thearts and sciences, culture, and the intellectual life could flourish.His primary strategy was enacting and enforcing statutes to shore upthe undermined legal system, which includes the establishment of a newcourt: the Court of the Star Chamber, to obtain punishment of personswhom juries were afraid to convict. It had no jury and no grand juryindictment. For speed and certainty, it tried people "ex officio": byvirtue of its office. Suspects were required to take an oath exofficio, by which they swore to truthfully answer all questions put tothem. A man could not refuse to answer on the grounds ofself-incrimination. The Star Chamber was the room in which the King'scouncil had met since the 1300s.

The most prevalent problems were: murder, robbery, rape orforced marriage of wealthy women, counterfeiting of coin, extortion,misdemeanors by sheriffs and escheators, bribing of sheriffs andjurors, perjury, livery and maintenance agreements, idleness, unlawfulplays, and riots. Interference with the course of justice was notcommitted only by lords on behalf of their retainers; men of humblerstation were equally prone to help their friends in court or to giveassistance in return for payment. Rural juries were intimidated by theold baronage and their armed retinues. Juries in municipal courts weresubverted by gangs of townsmen. Justices of the Peace didn't enforcethe laws. The agricultural work of the nation had been adverselyaffected.

Henry made policy with the advice of his council and hadParliament enact it into legislation. He dominated Parliament by havingselected most of its members. Many of his council were sons ofburgesses and had been trained in universities. He chose competent andespecially trusted men for his officers and commanders of castles andgarrison. The fact that only the king had artillery deterred baronsfrom revolting. Also, the baronial forces were depleted due to thecivil War of the Roses. If Henry thought a magnate was exercising histerritorial power to the King's detriment, he confronted him with anarmy and forced him to bind his whole family in recognizances for largesums of money to ensure future good conduct. Since the king had theauthority to interpret these pledges, they were a formidable check onany activity which could be considered to be disloyal. The earl ofKent, 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 alsorequired recognizances from men of all classes, including clergy,captains of royal castles, and receivers of land. The higher nobilitynow consisted of about twenty families. The heavy fines by the StarCourt put an end to conspiracies to defraud, champerty [an agreementwith a litigant to pay costs of litigation for a share in the damagesawarded], livery, and maintenance. The ties between the nobility andthe Justices of the Peace had encouraged corruption of justice. SoHenry appointed many of the lesser gentry and attorneys as Justices ofthe Peace. Also he appointed a few of his councilors as nonresidentJustices of the Peace. There were a total of about thirty Justices ofthe Peace per county. Their appointments were indefinite and mostremained until retirement or death. Henry instituted the Yeomen of theGuard to be his personal bodyguards night and day.

Many bills of attainder caused lords to lose their land to theKing. Most of these lords had been chronic disturbers of the peace.Henry required retainers to be licensed, which system lasted untilabout 1600. Henry was also known to exhaust the resources of barons hesuspected of disloyalty by accepting their hospitality for himself andhis household for an extended period of time.

Henry built up royal funds by using every available procedureof government to get money, by maximizing income from royal estates bytransferring authority over them from the Exchequer to knowledgeablereceivers, and from forfeitures of land and property due to attaindersof treason. He also personally reviewed all accounts and initialedevery page, making sure that all payments were made. He regularlyordered all men with an income of 800s. [40 pounds] yearly from landsor revenue in hand to receive knighthoods, which were avoided by thosewho did not want to fight, or pay a high fee. As a result, the Crownbecame rich and therefore powerful.

Henry's Queen, Elizabeth, was a good influence on hischaracter. Her active beneficence was a counteracting influence to hisavaricious predisposition. When Henry and his Queen traveled throughthe nation, they often stopped to talk to the common people. Theysometimes 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. Hefostered 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 tookfour years' study of grammar, logic, and rhetoric to achieve theBachelor of Arts degree and another five before a master could begin aspecialized study of the civil law, canon law, theology, or medicine.Humanist studies were espoused by individual scholars at the threecenters of higher learning: Oxford University, Cambridge University,and the Inns of Court in London. The Inns of Court attracted the sonsof 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 weregiven their freedom and they and the tenants at will were thrown off itimmediately. That land held by copyholders of land who had only a lifeestate, was withheld from their sons. Only freeholders and copyholderswith the custom of the manor in their favor were secure againsteviction. But they could be pressured to sell by tactics such asbreeding rabbits or keeping geese on adjoining land to the detriment oftheir crops, or preventing them from taking their traditional shortcuts across the now enclosed land to their fields. The real line ofdistinction between rural people was one of material means instead oflegal status: free or unfree. On one extreme was the well-to-do yeomanfarmer farming his own land. On the other extreme was the agriculturallaborer working for wages. Henry made several proclamations orderingcertain enclosures to be destroyed and tillage to be restored.

Other land put to use for sheep breeding was waste land. Therewere three sheep to every person. The nearby woodlands no longer hadwolves or lynx who could kill the sheep. Bears and elk are alsogone.There were still deer, wild boar, wildcats and wild cattle in vastforests 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 avisitor from miles away was treated as warily as a foreigner. Mostpeople lived and died where they had been born. A person's dialectindicated his place of origin. The life of the village still revolvedaround the church. In some parishes, its activities were highlyorganized, with different groups performing different functions. Forexample, the matrons looked after a certain altar; the maidens raisedmoney for a chapel or saw to the gilding of the images; the older mencollected money for church repair; and the younger men organized thechurch ales and the church plays. Wills often left property or rentsfrom leased land to the church. Church cows and sheep given could beleased out to villagers. Church buildings given could be leased out,turned over to the poor, used to brew ale or bake bread for churchales, or used in general as a place for church activities. Church aleswould usually a good source of income; alehouses would be closed duringthe ceremonies and parishioners would contribute malt for the ale andgrain, 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 wasincreasing, but did not reach the level of the period just before theblack death.

In most large towns, there were groups of tailors andhatmakers, glovers, and other leatherworkers. Some towns had aspecialization due to their proximity to the sources of raw materials,such as nails, cutlery, and effigies and altars. Despite the spread ofwool manufacturing to the countryside, there was a marked increase ofindustry and prosperity in the towns. The principal streets of thelarger towns were paved with gravel. Guild halls became important andimposing architecturally.

A large area of London was taken up by walled gardens of themonasteries and large mansions. There were some houses of stone andtimber and some mansions of brick and timber clustered around palaces.In these, bedrooms increased in number, with rich bed hangings, linensheets, 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 hadtiled floors. The old trestle tables were replaced by tables with legs.Benches and stools had backs to lean on. A long gallery was used forexercise, recreation such as music and dancing, and privateconversations. Women and men wore elaborate headdresses. On the outerperiphery are taverns and brothels, both made of mud and straw. Housesare beginning to be built outside the walls of London along the Thamesbecause the collapse of the power of the great feudal lords decreasedthe fear of an armed attack on London. The merchants introduced thisidea of living at a distance from the place of work so that they couldescape living in the narrow, damp, and dark lanes of the City and havemore light and space. Indeed no baronial army ever threatened the kingagain. East of London were cattle pastures, flour mills, bakers,cloth-fulling mills, lime burners, brick and tile makers, bellfounders, and ship repairing. There was a drawbridge on the south partof London Bridge for defense and to let ships through. Water sportswere played on the Thames such as tilting at each other with lancesfrom different boats.

The Tailors' and Linen Armorers' Guild received a charter in1503 from the king as the "Merchant Tailors" to use all wares andmerchandise, especially wool cloth, as well wholesale as retail,throughout the nation. Some schooling was now being made compulsory incertain trades; the goldsmiths' company made a rule that allapprentices had to be able to read and write. There are guilds ofironmongers, salters, and haberdashers [hats and caps]

A yeoman was the second-rank person of some importance, below aknight, below a gentleman, below a full member of a guild. In London,it meant the journeyman or second adult in a small workshop. Theseyeomen had their own fraternities and were often on strike. Some yeomenin the large London industries, e.g. goldsmiths, tailors, clothworkers, who had served an apprenticeship started their own businessesin London suburbs outside the jurisdiction of their craft to searchthem.

The Merchant Adventurers created a London fellowshipconfederacy to make membership of their society and compliance with itsregulations binding on all cloth traders and to deal with commoninterests and difficulties such as taxation, relations with rulers, anddangers at sea. They made and enforced trading rules, chartered fleets,and organized armed convoys when the seas were unsafe and coordinatedpolicies with Henry VII. Membership could be bought for a large fee orgained by apprenticeship or by being the son of a member.

Tudor government was paternalistic, curtailing cutthroatcompetition, fixing prices and wages, and licensing production undergrants of monopoly to achieve a stable and contented society and a fairliving for all.

Foreign trade was revived because it was a period ofcomparative peace. The nation sought to sell as much as possible toforeign nations and to buy at little as possible and thereby increaseits wealth in gold and silver, which could be used for currency.

Ships weighed 200 tons and had twice the cargo space they hadpreviously. Their bows were more pointed and their high prows made thembetter able to withstand gales. The mariners' compass with a pivotingneedle and circular dial with a scale was introduced. The scale gaveprecision to directions. Ships had three masts. On the first was asquare sail. On the second was a square sail with a small rectangularsail above it. On the third was a three cornered lateen sail. Thesesails make it possible to sail in almost any direction. This opened theseas of the world to navigation. At this time navigators kept theirknowledge and expertise secret from others. Adventurous seamen went onvoyages of discovery, such as John Cabot to North America in 1497,following Italian Christopher Columbus' discovery of the new world in1492. 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 theworld. Sailors overcame their fear of tumbling into one of the openingsinto hell that they believed were far out into the Atlantic Ocean andceased to believe that a red sunset in the morning was due to areflection from hell. Seamen could venture forth into the darkness ofthe broad Atlantic Ocean with a fair expectation of finding their wayhome again. They gradually learned that there were no sea serpents ormonsters that would devour foolhardy mariners. They learned to enduremonths at sea on a diet of salt beef, beans, biscuits, and stale waterand the bare deck for a bed. But there were still mutinies anddisobedient pilots. Mortality rates among seamen were high. There aremore navy ships, and they have some cannon.

The blast furnace was introduced in the iron industry. A blastof hot air was constantly forced from a stove into the lower part ofthe furnace which was heating at high temperature a mixture of the ironore and a reducing agent that combined with the oxygen released. Afterthe iron was extracted, it was allowed to harden and then reheated andhammered on an anvil to shape it and to force out the hard, brittleimpurities. Blast furnace heat was maintained by bellows worked bywater wheels. Alchemists sought to make gold from the baser metals andto make a substance that would give them immortality. There was somethought that suffocation in mines, caverns, wells, and cellars was notdue to evil spirits, but to bad air such as caused by "exhalation ofmetals".

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

There were morality plays in which the seven deadly sins: pride,covetousness, lust, anger, gluttony, envy, and sloth, fought the sevencardinal 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 virtuousand doing good deeds in his lifetime. It emphasizes that death may comeanytime to every man, when his deeds will be judged as to theirgoodness or sinfulness. Card games were introduced. The legend of RobinHood was written down.

The Commons gained the stature of the Lords and statutes wereregularly enacted by the "assent of the Lords spiritual and temporaland the Commons". The Commons now assented instead merely requestedenactments.

The Law

Royal proclamations clarifying, refining or amplifying the lawhad the force of parliamentary statutes. In 1486, the King proclaimedthat "Forasmuch as many of the King our sovereign lord's subjects[have] been disposed daily to hear feigned, contrived, and forgedtidings and tales, and the same tidings and tales, neither dreading Godnor his Highness, utter and tell again as though they were true, to thegreat 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 thatno manner person, whatsoever he be, utter nor tell any such tidings ortales but he bring forth the same person the which was author andteller of the said tidings or tales, upon pain to be set on thepillory, there to stand as long as it shall be thought convenient tothe mayor, bailiff, or other official of any city, borough, or townwhere it shall happen any such person to be taken and accused for anysuch telling or reporting of any such tidings or tales. Furthermore thesame our sovereign lord straitly chargeth and commandeth that allmayors, bailiffs, and other officers diligently search and inquire ofall such persons tellers of such tidings and tales not bringing forththe author of the same, and them set on the pillory as it is abovesaid." 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 cityunless on a journey. He proclaimed in 1498 that no one may refuse toreceive silver pennies or other lawful coin as payment regardless oftheir condition as clipped, worn, thin, or old, on pain of imprisonmentand further punishment.

A statute provided that: Lords holding castles, manors, landsand tenements by knight's service of the king shall have a writ ofright for wardship of the body as well as of the land of any minor heirof 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 thepossession of the deceased person. And if such an heir is of age, heshall pay relief to the lord as if he had inherited possession of theland. An heir in ward shall have an action of waste against his lord asif his ancestor had died seised of the land. That is, lands of "thosewho use" shall be liable for execution of his debt and to the chieflord for his relief and heriot, and if he is a bondsman, they may beseized by the lord. The king tried to retain the benefits of feudalincidents on land by this Statute of Uses, but attorneys sought tocircumvent it by drafting elaborate and technical instruments to conveyland free of feudal burdens.

Any woman who has an estate in dower, or for a term of life, orin [fee] tail, jointly with her husband, or only to herself, or to heruse, in any manors, lands, tenements, or other hereditaments of theinheritance or purchase of her husband, or given to the said husbandand wife in tail, or for term of life, by any of the ancestors of thesaid husband, or by any other person seised to the use of the saidhusband, or of his ancestors, who, by herself or with any after takenhusband; discontinue, alienate, release, confirm with warranty or, bycollusion, allow any recovery of the same against them or any otherseised to their use, such action shall be void. Then, the person towhom the interest, title, or inheritance would go after the death ofsuch woman may enter and possess such premises. This does not affectthe 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 theuse of the giver [grantor and beneficiary of trust], to defraudcreditors are void.

It is a felony to carry off against her will, a woman withlands and tenements or movable goods, or who is heir-apparent to anancestor. This includes taking, procuring, abetting, or knowinglyreceiving a woman taken against her will.

A vagabond, idle, or suspected person shall be put in thestocks for three days with only bread and water, and then be put out ofthe town. If he returns, he shall spend six days in the stocks. (A fewyears later this was changed to one and three days, respectively.)Every beggar who is not able to work, shall return to the hundred wherehe last dwelled, is best known, or was born and stay there.

No one may take pheasants or partridges by net snares or otherdevices from his own warren [breeding ground], upon the freehold of anyother person, or else forfeit 200s., one half to the owner of the landand 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 otherman's land, on pain of imprisonment for one year and fine at the King'swill, one half to the King, and the other half to the holder of theland, or owner of the swan. No man shall bear any English hawk, butshall have a certificate for any imported hawk, on pain for forfeitureof such. No one shall drive falcons or hawks from their customarybreeding place to another place to breed or slay any for hurting him,or else forfeit 200s. after examination by a Justice of the Peace, onehalf going to the king and one half to the suer.

Any person without a forest of his own who has a net devicewith which to catch deer shall pay 200s. for each month of possession.Anyone stalking a deer with beasts anywhere not in his own forest shallforfeit 200s. Anyone taking any heron by device other than a hawk orlong bow shall forfeit 6s.8d. No one shall take a young heron from itsnest or pay 10s. for each such heron. Two justices may decide such anissue, 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 hadresulted in too many deer being killed. (The longbow was not forbidden.)

No beasts may be slaughtered or cut up by butchers within thewalls of a town, or pay 12d. for every ox and 8d. for every cow orother beast, so that people will not be annoyed and distempered by foulair, which may cause them sickness.

No tanner may be a currier [dressed, dyed, and finished tannedleather] and no currier may be a tanner. No shoemaker [cordwainer] maybe a currier and no currier may be a shoemaker. No currier shall curryhides which have not been tanned. No tanner shall sell other than redleather. No tanner may sell a hide before it is dried. No tanner maytan sheepskins.

No long bow shall be sold over the price of 3s.4d.

Good wood for making bows may be imported without payingcustoms.

No grained cloth of the finest making shall be sold for morethan 16s., nor any other colored cloth for more than 11s. per yard, orelse forfeit 40s. for every yard so sold. No hat shall be sold for morethan 20d. and no cap shall be sold for more than 2s.8d., or elseforfeit 40s. for each so sold.

Silver may not be sold or used for any use but goldsmithery oramending of plate to make it good as sterling, so that there will beenough silver with which to make coinage.

Each feather bed, bolster, or pillow for sale shall be stuffedwith one type of stuffing, that is, dry pulled feathers or with cleandown alone, and with no sealed feathers nor marsh grass, nor any othercorrupt stuffings. Each quilt, mattress, or cushion for sale shall bestuffed with one type of stuffing, that is, clean wool, or clean flocksalone, and with no horsehair, marsh grass, neatshair, deershair, orgoatshair, which is wrought in lime fats and gives off an abominableand contagious odor when heated by a man's body, on pain of forfeitureof such.

Salmon shall be sold by standard volume butts and barrels.Large salmon shall be sold without any small fish or broken-belliedsalmon and the small fish shall be packed by themselves only, or elseforfeit 6s.8d. Herring shall be sold at standard volumes. The herringshall be as good in the middle and in every part of the package as atthe ends of the package, or else forfeit 3s.4d. Eels shall be sold atstandard volumes, and good eels shall not be mixed with lesser qualityeels, or else forfeit 10s. The fish shall be packed in the mannerprescribed or else forfeit 3s.4d. for each vessel.

Fustians shall always be shorn with the long shear, so that itcan be worn for at least two years. If an iron or anything else used todress 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 theother half to the suer.

Pewter and brass ware for sale shall be of the quality of thatof London and marked by its maker, on pain of forfeiture of such, andmay be sold only at open fairs and markets or in the seller's home, orelse forfeit 200s. If such false ware is sold, its maker shall forfeitit* value, one half to the king and one half to the searchers. Anyoneusing false weights of such wares shall forfeit 20s., one half to theking and one half to the suer, or if he cannot pay this fine, to be putin the stocks until market day and then be put in the pillory all themarket time.

No alien nor denizen [foreigner allowed to reside in the nationwith certain rights and privileges] may carry out of the nation any rawwool 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 theseizer of the wine.

No one may take out of the nation any [male] horse or any mareworth more than 6s.8s. or under the age of three years, upon pain offorfeiture of such. However, a denizen may take a horse for his own useand not to sell. This is to stop losing horses needed for defense ofthe nation and to stop the price of a horse from going up.

Freemen of London may go to fairs and markets with wares tosell, despite the London ordinance to the contrary.

Merchants residing in the nation but outside London shall havefree access to foreign markets without exaction taken of more than133s. sterling by the confederacy of London merchants, which haveincreased their fee so much, 400s., that merchants not in theconfederacy have been driven to sell their goods in London for lessthan they would get at a foreign market. Exacting more is punishable bya fine of 400s. and damages to the grieved party of ten times theexcess amount taken.

For the privilege of selling merchandise, a duty of scavageshall be taken of merchant aliens, but not of denizens. Any townofficial who allows disturbing of a person trying to sell hismerchandise because he has not paid scavage, shall pay a fine of 400s.

Coin clipped or diminished shall not be current in payment, butmay be converted at the King's mint into plate or bullion. Anyonerefusing to take coins with only normal wear may be imprisoned by themayor, sheriff, bailiff, constable or other chief officer. New coins,which have a circle or inscription around the outer edge, will bedeemed clipped if this circle or inscription is interfered with.

The penalty for usury is placement in the pillory, imprisonmentfor half a year, and a fine of 400s. (The penalty was later changed toone 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 statute made changes in the judicial process: TheChancellor, 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'scouncil selected by them, and the two Chief Justices of the King'sBench shall constitute the Court of the Star Chamber. It shall have theauthority to call before it by writ or by privy seal anyone accused of"unlawful maintenances, giving of liveries, signs and tokens, andretainers by indentures, promises, oaths, writings, or otherwiseembraceries of his subjects" and witnesses, and impose punishment as ifconvicted 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 woundsanother in peril of death, until there is perfect knowledge whether theman hurt should live or die. Upon viewing a dead body, the coronershould inquire of the killers, their abettors, and anyone present atthe killing and certify these names. In addition, the murderer andaccessories indicted shall be tried at the King's suit within a year ofthe murder, which trial will not be delayed until a private suit istaken. If acquitted at the King's suit, he shall go back to prison orlet out with bail for the remainder of the year, in which time theslain man's wife or next of kin may sue. For every inquiry made uponviewing a slain body, coroners shall be paid 13s.4d. out of the goodsof the slayer or from a town not taking a murderer, but letting himescape. 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 fortrial after a justice has taken bail from him, a record of such shallbe sent to the King.

Henry sat on the Star Chamber. Up to 1600, it heard many casesof 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. If a Justice of the Peace does not act on any person'scomplaint, that person may take that complaint to another Justice ofthe Peace, and if there is no remedy then, he may take his complaint toa Justice of Assize, and if there is not remedy then, he may take hiscomplaint to the King or the Chancellor. There shall then be inquiryinto why the other justices did not remedy the situation. If it isfound that they were in default in executing the laws, they shallforfeit their commissions and be punished according to their demerits.

Justices of the Peace shall make inquiry of all offenses inunlawful retaining, examine all suspects, and certify them to theKing's Bench for trial there or in the King's council, and the lattermight also proceed against suspects on its own initiative oninformation given.

Perjury committed by unlawful maintenance, embracing, orcorruption of officers, or in the Chancery, or before the King'scouncil, 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 councilhave the power to examine all defendants, by oath or otherwise, toadjudge them convicted or attainted. They can also be found guilty byconfession, examination, or otherwise. If a defendant denied doing theacts of which he is convicted, he was subject to an additional fine tothe king and imprisonment. Violations of statutes may be heard by theJustices of Assize or the Justices of the Peace, except treason,murder, and other felony.

Actions on the case shall be treated as expeditiously in thecourts of the King's Bench and Common Pleas as actions of trespass ordebt.

Proclamation at four court terms of a levy of a fine shall be afinal end to an issue of land, tenements, or other hereditaments andthe decision shall bind persons and their heirs, whether they haveknowledge or not of the decision, except for women-covert who were notparties, persons under the age of twenty-one, in prison, out of thenation, or not of whole mind, who are not parties. These may sue withinfive years of losing such condition. Also, anyone not a party may claima right, title, claim, or interest in the said lands, tenements, orother hereditaments at the time of such fine recorded, within fiveyears after proclamations of the fine.

A defendant who appeals a decision for the purpose of delayingexecution of such shall pay costs and damages to the plaintiff for thedelay.

No sheriff, undersheriff, or county clerk shall enter anycomplaints in their books unless the complaining party is present. Andno more complaints than the complaining party knows about shall beentered. The penalty is 40s. for each such false complaint, one half tothe king and the other half to the suer after examination by a Justiceof the Peace. This is to prevent extortion of defendants by falsecomplaints. The justice shall certify this examination to the King, onpain of a fine of 40s. A bailiff of a hundred who does not do his dutyto summon defendants shall pay a fine of 40s. for each such default,after examination by a Justice of the Peace. Sheriffs' records of finesimposed and bailiffs' records of fines collected may be reviewed by aJustice of the Peace to examine for deceit.

Any sheriff allowing a prisoner to escape, whether fromnegligence or for a bribe, shall be fined, if the prisoner was indictedof high treason, at least 1,333s. for each escape. However, if theprisoner was in their keeping because of a suspicion of high treason,the fine shall be at least 800s.; and if indicted of murder or petitetreason, at least 400s.; and if suspected of murder or petite treason,200s.; and if suspected of other felonies, 100s. Petite treason wasthat by a wife to her husband or a man to his lord.

Any person not responding to a summons for jury service shallbe fined 12d. for the first default, and 2s. for the second, and doublefor each subsequent default.

A pauper may sue in any court and be assigned a attorney at nocost to him.

A Justice of the Peace to whom has been reported hunting bypersons disguised with painted faces or visors or otherwise, may issuea warrant for the sheriff or other county officer to arrest suchpersons and bring them before the justice. Such hunting in disguise orhunting at night or disobeying such warrant is a felony. This is tostop large mobs of disguised people from hunting together and thencausing riots, robberies, and murders.

Benefit of clergy may be used only once, since this privilegehas made clerics more bold in committing murder, rape, robbery, andtheft. However, there will be no benefit of clergy in the case ofmurder of one's immediate lord, master, or sovereign. (This begins thegradual restriction over many years of benefit of clergy until itdisappears. Also, benefit of clergy was often disregarded in unpeacefultimes.)

For an issue of riot or unlawful assembly, the sheriff shallcall 24 jurors, each of lands and tenements at least 20s. of charterland or freehold or 26s.8d. of copyhold or of both. For each default ofthe sheriff, he shall pay 400s. And if the jury acquits, then thejustice, sheriff, and under-sheriff shall certify the names of anyjurors maintained or embraced and their misdemeanors, or else forfeit400s. Any person proved to be a maintainer or embracer shall forfeit400s. to the king and be committed to ward.

The principal leaders of any riot or unlawful assembly shall beimprisoned and fined and be bound to the peace with sureties at a sumdetermined by the Justices of the Peace. If the riot is by forty peopleor heinous, the Justices of Peace shall certify such and send therecord of conviction to the King.

The King's steward, Treasurer, and comptroller have authorityto question by twelve discreet persons any servant of the king aboutmaking any confederacies, compassings, conspiracies, or imaginationswith any other person to destroy or murder the king or one of hiscouncil or a lord. Trial shall be by twelve men of the King's householdand punishment as by felony in the common law.

Ohanges in the judicial process other than those made bystatute were made by court decision. For instance, the royal justicesdecided that only the king could grant sanctuary for treason and notthe church. After this, the church withdrew the right of sanctuary fromsecond time offenders.

The King's council has practically limited itself to cases inwhich the state has an interest, especially the maintenance of publicorder. Chancery became an independent court rather than the arm of theking and his council. In Chancery and the King's Bench, theintellectual revival brought by humanism inspires novel procedures tobe devised to meet current problems in disputed titles to land,inheritance, debt, breach of contract, promises to perform acts orservices, deceit, nuisance, defamation, and the sale of goods.

A new remedy is specific performance, that is, performance ofan 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 acivil action between two private persons. It could also be brought inthe Court of the King's Bench because it broke the King's peace. It wasadvantageous for a party to sue for trespass in the King's courtbecause there a defendant could be made to pay a fine to the king or beimprisoned, or declared outlaw if he did not appear at court.

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

Parliament's supremacy over all regular courts of law wasfirmly 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 peopleunknown to the remainderman in [fee] tail, so that he does not know whoto sue, he may sue the receiver of the profits of the land andtenements for a remedy. And the receivers shall have the sameadvantages and defenses as the feoffees or as if they were tenants. Andif any deceased person had the use for himself and his heirs, then anyof his heirs shall have the same advantages and defenses as if hisancestor had died seised of the land and tenements. And all recoveriesshall be good against all receivers and their heirs, and the feofeesand 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 retainingthe use thereof for himself, it shall be treated as if he were stillseised of the land. Thus, relief and heriot will still be paid for landin socage. And debts and executions of judgments may be had upon theland and tenements.

The penalty for not paying customs is double the value of thegoods.

The town of London shall have jurisdiction over flooding andunlawful fishing nets in that part of the Thames River that flows nextto it.

The city of London shall have jurisdiction to enforce freepassage of boats on the Thames River in the city, interruption of whichcarries a fine of 400s., two-thirds to the king and one third to thesuer.

Jurors impaneled in London shall be of lands, tenements, orgoods and chattels, to the value of 133s. And if the case concerns debtor damages at least 133s, the jurors shall have lands, tenements,goods, or chattels, to the value of 333s. This is to curtail theperjury that has gone on with jurors of little substance, discretion,and reputation.

A party grieved by a false verdict of any court in London mayappeal to the Hustings Court of London, which hears common pleas beforethe mayor and aldermen. Each of the twelve alderman shall pick from hisward 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 givenan untrue verdict, each such juror shall pay a fine of at least 400s.and imprisonment not more than six months without release on bail orsurety. However, if it is found that the verdict was true, then thegrand jury may inquire if any juror was bribed. If so, such jurorbribed and the defendant who bribed him shall each pay ten times theamount of the bribe to the plaintiff and be imprisoned not more thansix months without release on bail or surety.

The Bishop's Court in London had nine offenders a week by 1500. Half ofthese cases were for adultery and sexual offenses, and the rest werefor slander, blasphemy, missing church services, and breach of faith.Punishment was penance by walking barefoot before the cross in theSunday Procession dressed in a sheet and holding a candle.

The following is an example of a case in the chancery court. "Asubpoena was sued against Sir William Capell in Chancery because theplaintiff in the subpoena had borrowed 60 pounds from him in plate,which he sold for 40 pounds, and was also bound by a statute-merchantto the aforesaid Sir William in 80 pounds for payment of this money,and had also made a feoffment to certain persons of certain land and byindenture willed that if he paid the 60 pounds the feoffees should befeooffees to his use, but otherwise they should be feoffees to the useof the said Sir William; and he did not pay the money and so SirWilliam took the profits of the land and sued execution of thestatute-merchant.

Kebell thought he could have this land in conscience, even though hehad execution of the statute-merchant, because he does not have thisland in return for the money in such a way that he is paid twice, buthas it by way of penalty; and (the plaintiff) may bind himself to that,just as he may give the land away for nothing. If someone holds of mein return for one penny of rent, he may bind himself in 100 pounds forpayment of this rent and if he fails I may have this penalty inconscience.

THE CHANCELLOR. When someone is beholden in another in a principaldebt, the debtee cannot in conscience take anything in respect of thisindebtedness except the principal debt, even if the debtor is bound tohim in twenty penalties.

Kebell. In that case you might do much good to those who are bound inthis court to keep the peace and are to forfeit their bonds.

THE CHANCELLOR. The sum which is forfeited for breaking the peace maybe taken in conscience, for nothing can be well done nor can the realmbe governed without peace. This court could not be held without peace.Therefore it is right that whoever acts against the peace should bepunished. And by breaking the peace a crime is committed, and thereforeit is right that he should pay this forfeiture. (But THE CHANCELLORheld in this case that the debtee may in conscience take so much of thepenalty as represents his damage by the withholding of the debt.)"

This is the case of the Earl of Suffolk v. Berney in the Commonpleas court: " If the parker of a park licences a man to kill deer inthe park, and he kills a deer by virtue of this licence, both of themcommit trespass; for he has no authority to do this, his authoritybeing to keep and not to give or sell. But if someone has a warrant totake a deer, and he is a gentleman, he may take company with him andhunt there for the same deer according to his degree (but nototherwise). And it was held that if a parker has a warrant for a deer,and by virtue of that he requests various people to help him kill thisdeer, everyone who goes with him may chase after it by licence from theparker by parol, without writing."

An example of a manorial case is: "And they present thatMargaret Edmond, who held of the lord according to the custom of themanor one cottage with curtilage, four acres of land and one acre ofmeadow lately in the tenure of William Crosse, took as her husband acertain unknown outsider without the lord's licence. Therefore sheforfeited her estate in the aforesaid cottage and land, by reason ofwhich there accrues to the lord as a heriot one heifer, price 4s. Andthereupon William Staunton came and took the said cottage, land andmeadow from the lord, to hold to himself and his according to thecustom of the manor, rendering 3s. therein to the lord yearly at theterms usual there, thus 3d. yearly of increment for rent. And he willgive the lord 2s. in the name of heriot when it should accrue.. And hegives nothing to the lord as a fine, but he did fealty to the lord.

Another manorial case is: And that John Mille, who held of thelord for the term of his life according to the custom of the aforesaidmanor as of the part of Thomas Long, knight, one messuage and threeyardlands of land there by the rent and services therein owed, hasended his last day since the last court, whereof there accrues to thelord as heriot one horse, price 10s. And that Edith, the wife of thesaid John, claims to hold the aforesaid messuage and land with theappurtenances while she should keep herself single and chaste accordingto the custom of the aforesaid manor. And she did fealty to the lord.And she was admitted as tenant therein by the pledge of William Spenserand John Smyth, both for the matter and for repair of the aforesaidtenement etc."`

Chapter 12

The Times: 1509-1558

Renaissance humanism came into being in the nation. In thisdevelopment, scholars in London, Oxford, and Cambridge emphasized thevalue of classical learning, especially Platonism and the study ofGreek literature as the means of better understanding and writing. Theystudied the original Greek texts and became disillusioned with thefiltered interpretations of the church, for example of the Bible andAristotle. There had long been displeasure with the priests of thechurch. They were supposed to preach four times yearly, visit the sick,say the daily liturgies, and hear confessions at least yearly. Butthere were many lapses. Many were not celibate, and some openly livedwith a woman and had children. Complaints about them included notresiding within their parish community, doing other work such asraising crops, and taking too much in probate, mortuary fees, andmarriage fees. Probate fees had risen from at most 5s. to 60s. in thelast hundred years. Mortuary fees ranged from 1/3 to 1/9 of a deceasedperson's goods. Sanctuary was abused. People objected to the right ofarrest by ecclesiastical authorities.

Also, most parish priests did not have a theology degree oreven a Bachelor's degree, as did many laymen. In fact, many laymen werebetter educated than the parish priests. No one other than a laborerwas illiterate in the towns.

Humanist grammar [secondary] schools were established in Londonby merchants and guilds. In 1510, the founder and dean of St. Paul'sSchool placed its management in the hands of London "citizens ofestablished reputation" because he had lost confidence in the goodfaith of priests and noblemen. The sons of the nobility, attorneys, andmerchants were starting to go to grammar school now instead of beingtaught at home by a tutor. At school, they mingled with sons of yeomen,farmers, and tradesmen, who were usually poor. The usual age of entrywas six or seven. Classical Latin and Greek were taught and theliterature of the best classical authors was read. Secondary educationteachers were expected to know Latin and have studied the ancientphilosophers, history, and geography. The method of teaching was forthe teacher to read textbooks to the class from a prepared curriculum.The students were taught in Latin and expected not to speak English inschool. They learned how to read and to write Latin, to develop andamplify a theme by logical analysis, and to essay on the same subjectin the narrative, persuasive, argumentative, commending, consoling, andinciting styles. They had horn books with the alphabet and perhaps aBiblical verse on them. This was a piece of wood with a paper on itheld down by a sheet of transparent horn. They also learned arithmetic(solving arithmetical problems and casting accounts). Disobedienceincurred flogging by teacher as well as by parents. Spare the rod andspoil the child was the philosophy. Schools now guarded the morals andbehavior of students. There were two week vacations at Christmas and atEaster. Royal grammar books for English and Latin were proclaimed byHenry in 1543 to be the only grammar book authorized for students. In1545, he proclaimed a certain primer of prayers in English to be theonly one to be used by students.

The first school of humanist studies arose in Oxford with theFoundation of Corpus Christi College in 1516 by Bishop Richard Fox. Ithad the first permanent Reader or Professor in Greek. The Professor ofHumanity was to extirpate all barbarisms by the study of Cicero,Sallust, Valerius Maximus, and Quintilian. The Reader of Theology wasto read texts of the Holy Fathers but not those of their commentators.Oxford University was granted a charter which put the greater part ofthe town under control of the Chancellor and scholars. The mayor ofOxford was required to take an oath at his election to maintain theprivileges and customs of the university. Roman law and other Regiusprofessorships were founded by the king at Oxford and Cambridge.Teaching of undergraduates was the responsibility of the universityrather than of the colleges, though some colleges had live-in teachers.Most colleges were exclusively for graduate fellows, though this wasbeginning to change. The university took responsibility for thestudent's morals and behavior and tutors sometimes whipped theundergraduates. For young noblemen, a more important part of theireducation than going to university was travel on the continent with atutor. This exposure to foreign fields was no longer readily availablethrough war or pilgrimage. The purpose was practical - to learn aboutforeign people and their languages, countries, and courts. Knowledge ofthe terrain, resources, prosperity, and stability of their countrieswas 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 atrest, so that movement and motion had to be explained by causes. Theearth was stationary and the heavens were spherical and revolved aroundthe earth every twenty-four hours. The universe was finite. Thefirmament extended outward in a series of rotating, crystalline,ethereal spheres to which were attached the various points of celestialgeography. First came the circle of the moon. The sun orbited theearth. The fixed stars rotated on an outer firmament. Finally, therewas the abode of God and his heavenly hosts. Different principles ruledthe celestial world; it was orderly, stable, ageless, and enduring. Butthe world of man changed constantly due to its mixed four elements ofair, earth, fire, and water each trying to disentangle itself from theothers and seeking to find its natural location. The heavenly spherescould affect the destinies of men, such as through fate, fortune,intelligence, cherubim, seraphim, angels, and archangels. Astrologersread the celestial signs and messages.

Then a seed of doubt was cast on this theory by NicholausCopernicus, a timid monk in Poland, who found inconsistencies inPtolemy's work, but saw similarity in the movements of the earth andother planets. He inferred from the "wandering" planetary movementswith loops that their motion could be explained simply if they wererevolving in circular paths around the sun, rather than around theearth. In his book of 1543, he also expressed his belief that the earthalso revolved around the sun. This idea so shocked the world that theword "revolution" became associated with radical change. He thought itmore likely that the earth rotated than that the stars moved with greatspeed in their large orbits. He proposed that the earth spins on itsown axis about once every twenty-four hours, with a spin axis at abouta 23 1/2 degree tilt from the orbital axis, thus explaining a slowchange in the overall appearances of the fixed stars which had beenobserved since the time of Ptolemy. He deduced from astronomicalmeasurements that the correct order of the planets from the Sun was:Mercury, Venus, Earth, Mars, Jupiter, and Saturn. The church consideredhis ideas heretical because contradictory to its dogma that man and theearth were the center of the universe. A central sun evoked images ofpagan practices of sun worship. News of new ideas in science traveledquickly to English scholars and professionals.

The physicians of London were incorporated to oversee andgovern the practice of medicine. Medicine consisted largely of magicalremedies of sorcerers and astrologers and herbal remedies administeredby quacks. People still generally believed that disease was caused bywitches and demons. A faculty of physicians was established at Oxfordand Cambridge. A Royal College of Physicians was founded in London in1518 by the King's physician. The College of Physicians taught morepractical medicine and anatomy than the universities. Only graduates ofthe College of Physicians or of Oxford or Cambridge were allowed topractice medicine or surgery.

Medical texts were Hippocrates and Galen. These viewed diseaseas only part of the process of nature without anything divine. Theystressed empiricism, experience, collections of facts, evidences of thesenses, and avoidance of philosophical speculations. Some observationsof Hippocrates were: -"When sleep puts an end to delirium, it is ahopeful sign." -"When on a starvation diet, the patient should not beallowed to become fatigued." "Old men usually have less illness thanyoung ones, but such as they have last, as a rule, till death.""Pleurisy, pneumonia, colds, sore throat, and headache are more likelyto occur during winter seasons." "When one oversleeps, or fails tosleep, the condition suggests disease." Hippocrates had asserted thatmadness was simply a disease of the brain and then Galen had agreed andadvocated merciful treatment of the insane. Galen's great remedies wereproper diet, exercise, massage, and bathing. He taught the importanceof a good water supply and good drainage. He advised that baking breadin a large oven was superior to cooking in a small oven, over ashes, orin a pan in wholesomeness, digestibility, and flavor. Greek medicinaldoctrines were assumed, such as that preservation of the health of thebody was dependent on air, food, drink, movement and repose, sleepingand waking, excretion and retention, and the passions.

It was widely known that sleep was restorative and that badnews or worry could spoil one's digestion. An Italian book of 1507showed that post-mortem examinations could show cause of death bygallstones, heart disease, thrombosis of the veins, or abscesses. In1540 began the practice of giving bodies of hanged felons to surgeonsto dissect. This was to deter the commission of felony. There was somefeeling that dissection was a sacrilege, that the practice of medicinewas a form of sorcery, and that illness and disease should be dealtwith by prayer and/or atonement because caused by sin, the wrath ofGod, or by the devil. Food that was digested was thought to turn into avapor which passed along the veins and was concreted as blood, flesh,and fat. After 1546, there was a book listing hundreds of drugs withpreparation directions, but their use and application was by trial anderror.

Flemish physician Andreas Vesalius, secretly dissected humancorpses, finding them hanging on public gibbets or competing with dogsfor those incompletely buried in cemeteries. He begged doctors to allowhim to examine the bodies of their fatal cases. He ingratiated himselfwith judges who determined the time and place of execution ofcriminals. In 1543 he published the first finely detailed descriptionof 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 arib of the man Adam.

In the 1540s, Ambroise Pare from France, a barber-surgeon whowas the son of a servant, was an army surgeon. Wounds at this time weretreated with boiling oil and spurting vessels were closed by beingseared with a red-hot iron. After he ran out of boiling oil, heobserved that the soldiers without this treatment were healing betterthan those with this treatment. So he advocated ceasing the practice ofcauterizing wounds. He also began tying arteries with cord to stoptheir bleeding after amputation many other surgical techniques.

In Switzerland, Theophrastus Paracelsus, an astrologer andalchemist who later became a physician, did not believe that humorimbalance caused disease nor in treatment by bloodletting or purging.He believed that there were external causes of disease, e.g. toxicmatter in food, contagion, defective physical or mental constitution,cosmic influences differing with climate and country, or afflictionsent Providence. He urged that wounds be kept clean rather than givenpoultices. In 1530, he pioneered the application of chemistry tophysiology, pathology, and the treatment of disease by startingclinical diagnosis and treatment of disease by highly specificmedicines, instead of by cure-alls. For instance, he used alkalis totreat disease, such as gout, indicated by certain substances in theurine, which also started urinalysis. He perceived that syphilis wascaused by contagion and used mercury to cure it. He found curativepowers also in opium, sulphur, iron, and arsenic. Opium was made bydrying and cooking the capsule of the poppy and was one of the fewreally effective early drugs. Paracelsus urged alchemists to try toprepare drugs from minerals for the relief of suffering. He claimed toacquire knowledge of cures through spiritual contacts to occult wisdom.He believed that a human being has an invisible body as well as avisible one and that it is closely attuned to imagination and thespiritual aspect of an individual. He noticed that one's attitudes andemotions, such as anger, could affect one's health. He sometimes usedsuggestion and signs to help a patient form mental images, whichtranslated into cures. He saw insanity as illness instead of possessionby evil spirits.

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

In 1523, Anthony Fitzherbert wrote "Boke of Husbandry", whichset forth the most current methods of arable farming, giving details oftools 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 todisseminate new methods in agriculture. He also wrote a "Boke ofSurveying", which relied on the perch rod and compass dial, and gaveinstruction on how to set down the results of a survey. In 1533, GemmaFrisius laid down the principles of topographical survey bytriangulation. This improved the quality of surveys and producedaccurate plots.

Geoffrey Chaucer's "Canterbury Tales" was a popular book.Through Chaucer, London English became a national standard and thenotion of "correct pronunciation" came into being.The discoveries andadventures of Amerigo Vespucci, a Portuguese explorer, were widelyread. The North and South American continents were named for him.

London merchant guilds began to be identified mainly withhospitality and benevolence instead of being trading organizations.Twelve great companies dominated city politics and effectively chosethe 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 theseguilds were generally aldermen and the guilds acted like municipalcommittees of trade and manufactures. Then they superintended the tradeand manufactures of London much like a government department. They werecalled Livery Companies and categorized their memberships in threegrades: mere membership, livery membership, and placement on thegoverning body. Livery members were distinguished by having theclothing of the brotherhood [its livery] and all privileges, andproprietary and municipal rights, in the fullest degree. They generallyhad a right to a place at the Company banquets. They were invited bythe governing body, as a matter of favor, to other entertainments.These liverymen were usually those who had bought membership and paidhigher fees because they were richer. Their pensions were larger thanthose of mere members. Those with mere membership were freemen who hadonly the simple freedom of the trade. The masters were usuallyhouseholders. The journeymen, yeomanry, bachelors were simple freemen.Most of these companies had almshouses attached to their halls for theimpoverished, disabled, and elderly members and their widows andchildren. For instance, many members of the Goldsmiths had been blindedby the fire and smoke of quicksilver and some members had been renderedcrazed and infirm by working in that trade. The freedom and rights ofcitizenship of the city could only be obtained through membership in alivery 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 recreationand games. When farmers enclosed some suburban common fields in 1514, acrowd of young men marched out to them and, crying "shovels andspades", uprooted the hedges and filled in the ditches, thus reclaimingthe land for their traditional games. The last major riot in London wasaroused by a speaker on May Day in 1517 when a thousand disorderlyyoung men, mostly apprentices, defied the curfew and looted shops andhouses of aliens. A duke with two thousand soldiers put it down inmid-afternoon, after which the king executed fifteen of the rioters.

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

There are 26 wards of London as of 1550. This is the number forthe next four centuries. Each ward has an alderman, a clerk, and achief constable. There are also in each ward about 100 to 300 electedofficials 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 commoncouncilmen. The wardmote had inquest jurisdiction over immorality orbad behavior such as vagrancy, delinquency, illegitimacy, and disputes.This contributed greatly to social stability. In 1546, Henry orderedthe London brothels closed. A small gaol was established in the Clinkdistrict of Southwark, giving the name "clink" to any small gaol.London ordinances required journeymen to work from 6 a.m. to 6 p.m. inwinter, with a total of 90 minutes breaks for breakfast, dinner, and anafternoon drink, for 7d. In the summer they had to work for two hourslonger for 8d. At its peak in the 1540s the court employed about 200gentlemen, which was about half the peerage and one-fifth of thegreater gentry. Henry issued a proclamation ordering noblemen andgentlemen in London not employed by the court to return to theircountry homes to perform their service to the king.

Though there was much agreement on the faults of the church andthe need to reform it, there were many disagreements on what philosophyof life should take the place of church teachings. The humanist ThomasMore was a university trained intellectual. His book "Utopia",idealized an imaginary society living according to the principles ofnatural virtue. In it, everything is owned in common and there is noneed for money. All believe that there is a God who created the worldand 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, scholastictheologians, priests and monks, superstition, and ritual looked absurd.More encouraged a religious revival. Aristotle's position that virtuousmen would rule best is successfully debated against Plato's positionthat intellectuals and philosophers would be the ideal rulers.

More believed the new humanistic studies should be brought towomen as well as to men. He had tutors teach all his children Latin,Greek, logic, theology, philosophy, mathematics, and astronomy from anearly age. His eldest daughter Margaret became a recognized scholar andtranslated his treatise on the lord's prayer. Other high class womenbecame highly educated. They voiced their opinions on religiousmatters. In the 1530s, the duch*ess of Suffolk spoke out for reform ofthe clergy and against images, relics, shrines, pilgrimages, andservices in Latin. She and the countess of Sussex supported ministersand established seminaries for the spread of the reformed faith.

More pled for proportion between punishment and crime. He urgedthat theft no longer be punished by death because this only encouragedthe thief to murder his victim to eliminate evidence of the theft. Heopined that the purpose of punishment was to reform offenders. Headvocated justice for the poor to the standard of justice received bythe rich.

Erasmus, a former monk, visited the nation for a couple ofyears and argued that reason should prevail over religious belief. Hewrote the book "In Praise of Folly", which noted man's elaborate painsin misdirected efforts to gain the wrong thing. For instance, itquestioned what man would stick his head into the halter of marriage ifhe first weighed the inconveniences of that life? Or what woman wouldever embrace her husband if she foresaw or considered the dangers ofchildbirth and the drudgery of motherhood? Childhood and senility arethe most pleasant stages of life because ignorance is bliss. Old ageforgetfulness washes away the cares of the mind. A foolish and dotingold man is freed from the miseries that torment the wise and has thechief joy of life: garrulousness. The seekers of wisdom are thefarthest from happiness; they forget the human station to which theywere born and use their arts as engines with which to attack nature.The least unhappy are those who approximate the naiveness of the beastsand who never attempt what is beyond men. As an example, is anyonehappier than a moron or fool? Their cheerful confusion of the mindfrees the spirit from care and gives it many-sided delights. Fools arefree from the fear of death and from the pangs of conscience. They arenot filled with vain worries and hopes. They are not troubled by thethousand 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 soughtafter and sheltered; everyone permits them to do and say what they wishwith impunity. However, the usual opinion is that nothing is morelamentable than madness. The Christian religion has some kinship withfolly, while it has none at all with wisdom. For proof of this, noticethat children, old people, women, and fools take more delight thananyone else in holy and religious things, led no doubt solely byinstinct. Next, notice that the founders of religion have prizedsimplicity and have been the bitterest foes of learning. Finally, nopeople act more foolishly than those who have been truly possessed withChristian piety. They give away whatever is theirs; they overlookinjuries, allow themselves to be cheated, make no distinction betweenfriends and enemies, shun pleasure, and feast on hunger, vigils, tears,labors, and scorn. They disdain life, and utterly prefer death. Inshort, they have become altogether indifferent to ordinary interests,as if their souls lived elsewhere and not in their bodies. What isthis, if not to be mad? The life of Christians is run over withnonsense. They make elaborate funeral arrangements, with candles,mourners, singers, and pallbearers. They must think that their sightwill be returned to them after they are dead, or that their corpseswill fall ashamed at not being buried grandly. Christian theologians,in order to prove a point, will pluck four or five words out fromdifferent places, even falsifying the sense of them if necessary, anddisregard the fact that their context was relevant or even contradictedtheir points. They do this with such brazen skill that our attorneysare 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 besupreme and eternal. The law of God and the law of man, as enunciatedby the church and royalty, merely supplement the law of natural reasonand may change from time to time. Examples of the law of reason are: Itis good to be loved. Evil is to be avoided. Do onto others as you wouldhave them do unto you. Do nothing against the truth. Live peacefullywith others. Justice is to be done to every man. No one is to wronganother. A trespasser should be punished. From these is deduced that aman should love his benefactor. It is lawful to put away force withforce. It is lawful for every man to defend himself and his goodsagainst an unlawful power.

Like his father, Henry VIII dominated Parliament. He used thispower to reform the church of England in the 1530's. The Protestantreformation cause, started in Germany in 1517 by Martin Luther postinghis thesis, had become identified with Henry's efforts to have hismarriage of eighteen years to the virtuous Catherine annulled so hecould marry a much younger woman: Anne and have a son. The end of hissix 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 ofEngland instead of the pope.

Henry used and then discarded officers of state. One such wasThomas Wolsey, the son of a town grazier [one who pastures cattle andrears them for market] and butcher, who was another supporter ofclassical learning. He rose through the church, the gateway toadvancement 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 withHenry, both of whom wanted power and glory and dressed extravagantly.But he was brilliant and more of a strategist than Henry. Wolsey calledhimself a reformer and started a purge of criminals, vagrants andprostitutes within London, bringing many before the council. But mostof his reforming plans were not brought to fruition, but ended afterhis campaign resulted in more power for himself. Wolsey rose to beChancellor to the King and also Archbishop of York. As therepresentative of the pope for England, he exercised almost full papalauthority there. But he controlled the church in England in the King'sinterest. He was second only to the King and he strengthened the crownby consolidating power and income that had been scattered among noblesand officeholders. He also came to control the many courts. Wolseycentralized the church in England and dissolved the smallermonasteries, the proceeds of which he used to build colleges at Oxfordand his home town. He was an impartial and respected justice. WhenWolsey was not able to convince the pope to give Henry an annulment ofhis marriage, Henry dismissed him and took his property, shortly afterwhich Wolsey died on his way to be imprisoned in the Tower to be triedfor treason.

Thomas. Cromwell, a top royal official, was a self-taughtattorney, arbitrator, merchant, and accountant. He was the son of aclothworker/blacksmith/brewer/innkeeper, Like Wolsey, he was a naturalorator. He drafted and had passed legislation that created a new churchof England. He had all men swear an oath to the terms of the successionstatute. Thomas More, the successor Chancellor to Wolsey, was known forhis honesty and was a highly respected man. More did not yield toHenry's bullying for support for his statute declaring the successionto be vested in the children of his second marriage, and his statutedeclaring himself the supreme head of the church of England, instead ofthe pope. He did not expressly deny this supremacy statute, so was notguilty of treason under its terms. But silence did not save him. He wasattainted for treason on specious grounds and beheaded. His convictionrested on the testimony of one perjured witness, who misquoted More assaying that Parliament did not have the power to require assent to thesupremacy statute because it was repugnant to the common law ofChristendom.

Henry ruled with an iron fist. In 1536, he issued aproclamation that "any rioters or those in an unlawful assembly shallreturn to their houses" or "we will proceed against them with all ourroyal force and destroy them and their wives and children." In 1538, heproclaimed that anyone hurting or maiming an officer while trying tomake an arrest "shall lose and forfeit all their lands, goods, andchattel" and shall suffer perpetual imprisonment. Moreover, if onemurdered such an officer, he would suffer death without privilege ofsanctuary or of clergy. In 1540, he proclaimed that there would be noshooting by handgun except on a shooting range. Henry had Parliamentpass bills of attainder against many people. For the first time, harshtreatment of prisoners in the Tower, such as placement in dungeons withlittle food, no bed, and no change of clothes, became almost a matterof policy. Through his host of spies, Cromwell heard what men said totheir closest friends. Words idly spoken were distorted intotreasonable utterances. Fear spread through the people. Silence was aperson's only possibility of safety.

Cromwell developed a technique for the management of the Houseof Commons which lasted for generations. He promulgated books indefense of royal spiritual authority, which argued that canon law wasnot divine but merely human and that clerical authority had nofoundation in the Bible. A reformed English Bible was put in all parishchurches. Reformers were licensed to preach. Cromwell ordered sermonsto be said which proclaimed the supremacy of the King. He institutedregisters to record baptisms, marriages, and burials in every county,for the purpose of reducing disputes over descent and inheritance. Hedissolved all the lesser monasteries. When Cromwell procured a foreignwife for Henry whom Henry found unattractive, he was attainted andexecuted.

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 "PrivyCouncil". It had an executive function and met daily instead of justduring the terms of the Westminster courts from late autumn to earlysummer. It communicated with the king through intermediaries, of whomthe most important was the King's Secretary. The judicial part of thecouncil was the Court of the Star Chamber, which met at Westminster.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 firstEnglish Common Book of Prayer. With its use beginning in 1549, churchservices were to be held in English instead of Latin. The celebrationof the Lord's Supper was a communion among the parishioners andminister all sharing wine and bread. It replaced the mass, in which thepriests were thought to perform a miraculous change of the substance ofbread and wine into the body and blood of Christ, which the priest thenoffered as a sacrifice for remission of pain or guilt. This reflectedthe blood sacrifice of Christ dying on the cross. In the mass, only thepriests drank the wine. The mass, miracles, the worship of saints,prayers for souls in purgatory, and pilgrimages to shrines such as thatof Thomas Becket, were all to be discontinued. Imprisonment or exilerather than death was made the penalty for heresy and blasphemy, andalso for adultery.

After the King dissolved the greater monasteries, he took andsold their ornaments, silver plate and jewelry, lead from roofs oftheir buildings, and finally much of the land itself. Many maps ofmanors and lands were made at this time. Three monasteries wereconverted into the first three treating hospitals in London, one forthe diseased, one for the poor, and one, Bethlehem (or "Bedlam" forshort), for the mentally ill. But there were still many poor, sick,blind, aged, and impotent people in the streets since the closure ofthe monasteries. In 1552, there were 2,100 people in need of relief,including 300 orphans, 600 sick or aged, 350 poor men overburdened withtheir children, 650 decayed householders, and 200 idle vagabonds. Thepoor often begged at parishes, where they spread disease. London thenset up a poor relief scheme. The Bridewell was established to set towork the idle, vagabonds, and prostitutes making feather bed ticks andwool-cards, drawing of wire, carding, knitting, and winding of silk.Parishes were required to give money for the poor in 1563. Other townsfollowed London's lead in levying a poor rate.

Henry used the proceeds from the sale of the monasteries forbuilding many new palaces and wood ships for his navy. In war, thesenavy ships had heavy guns which could sink other ships. In peace time,these ships were hired out to traders. Large ships were constructed indocks, 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'sland, was sold and resold, usually to great landowners, or leased.Title deeds became important as attorneys sought the security thattitle could give. Some land went to entrepreneurial clothmanufacturers, who converted the buildings for the manufacture ofcloth. They bought the raw wool and hired craftsmen for every step ofthe manufacturing process to be done in one continuous process. Thiswas faster than buying and selling the wool material between craftsmenwho lived in different areas. Also, it was more efficient because theamount of raw wool bought could be adjusted to the demand for cloth.

Many landowners now could live in towns exclusively off therents of their rural land. Rents were increased so much that tenantscould not pay and were evicted. They usually became beggars or thieves.Much of their former land was converted from crop raising to pasturefor large herds of sheep. Arable farming required many workers, whereassheep farming required only one shepherd and herdsman. There wereexceptional profits made from the export of wool cloth. But much rawwool was still exported. Its price went up from 6s.8d. per tod [about28 pounds] in 1340 to 20s.8d. in 1546.

Villeinage was now virtually extinct. But a lord could usuallyclaim a small money-rent from the freeholder, sometimes a relief whenhis land was sold or passed at death, and occasionally a heriot fromhis heir.

There was steady inflation. Landlords made their leases shortterm so that they could raise rents as prices rose. Copyholdersgradually acquired a valuable right in their holdings: their rentbecame light - less that a shilling an acre.

The knights had 70% of the land, the nobles 10%, the church10%, and king 5%. At least 85% of the population still lived in thecountry. Rich traders built town or country houses in which theemphasis was on comfort and privacy. There was more furniture, biggerwindows filled with glass, thick wallpaper, and formal gardens. Use ofthick, insulating wallpaper rose with the rise of paper mills. It wasstenciled, hand-painted, or printed. Some floors were tiled instead ofstone or wood. They were still strewn with straw. The owners ate in aprivate 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 neckand filled in with pleated linen and enormous puffed sleeves. Thefortunes of landowners varied; some went into aristocratic debt byostentatiously spending on building, clothes, food, and drink, and somebecame indebted by inefficient management. Some had to sell theirmanors and dismiss their servants.

All people generally had enough food because of thecommercialization of agriculture. Even the standard meal of the peasantwas bread, bacon, cheese, and beer or cider, with beef about twice aweek. Also, roads were good enough for the transport of foodstuffsthereon. Four-wheeled wagons for carrying people as well as goods.Goods were also transported by the pulling of barges on the rivers frompaths along the river. A plough with wheels was used as well as thosewithout.

Henry made proclamations reminding people of the apparel laws,but they were difficult to enforce. Henry also made a proclamationlimiting the consumption of certain meat according to status. Sevendishes were allowed to bishops, dukes, marquises, and earls; six toother temporal lords; five to justices, the King's council, sheriffs,and persons with an income of at least 200 pounds yearly or goods worth2000 pounds; four to persons with an income of at least 100 pounds orgoods worth 1000 pounds; and three dishes to persons with an income ofat least 100 pounds or goods worth 500 pounds. There were limits ontypes of meat served, such as a maximum of one dish of great fowl suchas crane, swan, and peaco*ck; eight quail per dish; and twelve larks ina dish. People used tin or pewter dishes, platters, goblets, saucers,spoons, saltcellars, pots, and basins. They used soap to washthemselves, their clothes, and their dishes. A solid, waxy soap wasfrom evaporating a mixture of goat fat, water, and ash high inpotassium carbonate. They had bedcovers on their beds. Cloth bore themark of its weaver and came in many colors. Cloth could be heldtogether with pins that had a shank with a hook by which they wereclosed. They burned wood logs in the fireplaces in their houses. Somuch wood was used that young trees were required by statute to begiven enough lateral space to spread their limbs and were not cut downuntil mature. The organ and the harp, precursor to the piano, wereplayed.

People went to barbers to cut their hair and to extract teeth.They went to people experienced with herbs, roots, and waters fortreatment of skin conditions such as sores, cuts, burns, swellings,irritated eyes or scaly faces. For more complicated ailments, they wentto physicians, who prescribed potions and medicines. They boughtpotions and medicines from apothecaries and pharmacists.

The King, earls, who ruled counties, and barons, who had landand a place in the House of Lords, still lived in the most comfort. TheKing's house had courtyards, gardens, orchards, wood-yards, tenniscourts, and bowling alleys.

The walls of the towns were manned by the citizens themselves,with police and watchmen at their disposal. In inns, travelers sleptten to a bed and there were many fleas and an occasional rat or mouserunning through the rushes strewn on the floor. The inn provided a bedand ale, but travelers brought their own food. Each slept with hispurse under his pillow.

In markets, sellers set up booths for their wares. They soldgrain for making oatmeal or for sowing one's own ground. Wine, butter,cheese, fish, chicken, and candles could also be bought. Butchersbought killed sheep, lambs, calves, and pigs to cut up for selling.Tanned leather was sold to girdlemakers and shoemakers. Goods bought inmarkets were presumed not to be stolen, so that a purchaser could notbe dispossessed of goods bought unless he had knowledge that they werestolen.

The ruling group of the towns came to be composed mostly ofmerchants, manufacturers, attorneys, and physicians. Some townswomenwere independent traders. The governed class contained small mastercraftsmen and journeyman artisans, small traders, and dependentservants. The major streets of London were paved with stone, with achannel in the middle. More water conduits from hills, heaths, andsprings were built to provide the citizens of London with more water.The sewers carried only surface water away. Households were forbiddento use the sewers. Privies emptied into cesspools.

The Merchant Adventurers' Fellowship brought virtually alladventurers under its control and organized and regulated the nationalcloth trade. It had a General Court of the Adventurers sitting in theLondon Mercers' Hall. Various companies were granted monopolies fortrade in certain areas of the world such as Turkey, Spain, France,Venice, the Baltic, and Africa. These were regulated companies. That isthey obtained complete control of a particular foreign market, but anymerchant who cared to join the company, pay its dues, and obey itsregulations, might share in the benefits of its monopoly. The companiesgenerally confined trade to men who were primarily merchants and notshopkeepers. In 1553 explorer Sebastian Cabot formed the MuscovyCompany, which was granted a monopoly in its charter for trade withnorth Russia. It was oriented primarily to export English woolen cloth.It was the first company trading on a joint stock, which was arrangedas a matter of convenience and safety. The risks were too great for anyfew individuals. It hired ships and assigned space to each member toship his goods at his own risk. The dividend was returned to thesubscribers of the capital they put in plus an appropriate share of anyprofits made on the voyage. The members began leaving their money withthe company for the next voyage. A general stock grew up. In 1568 werethe first industrial companies: Mines Royal, and Mineral and BatteryWorks. The cloth, mining, iron, and woodcraft industries employedfull-time workers on wages. In the ironworks and foundries, the furnaceblowing engines were worked by water wheels or by a gear attached todonkeys or horses. The forge hammers were worked at first by levers andlater by water wheels. The day and night hammering filled theneighborhood with their noise.

Land held in common was partitioned. There were leases ofmansion houses, smaller dwelling houses, houses with a wharf having acrane, houses with a timber yard, houses with a garden, houses with ashed, shops, warehouses, cellars, and stables. Lands with a dye-houseor a brew-house were devised by will along with their dying or brewingimplements. There were dairies making butter and cheese.

Citizens paid taxes to the king amounting to one tenth of theirannual income from land or wages. Merchants paid "forced loans" andbenevolences. The national government was much centralized and hadfull-time workers on wages. A national commission of sewers continuallysurveyed walls, ditches, banks, gutters, sewers, ponds, bridges,rivers, streams, mills, locks, trenches, fish- breeding ponds, andflood gates. When low places were threatened with flooding, it hiredlaborers, bought timber, and hired carts with horses or oxen fornecessary work. Mayors of cities repaired water conduits and pipesunder their cities' ground.

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

After the break with Rome, cooperation among villagers inchurch activities largely ceased. The altars and images previouslytaken care of by them disappeared and the paintings on the walls werecovered 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 Martyrstaught the duty and splendor of rising above all physical danger orsuffering. The canon law of the church was abolished and its studyprohibited. Professorships of the civil law were founded at the twouniversities. The Inns of Court grew. Attorneys had more work with thenew laws passed to replace the church canons of the church. They playedan important role in town government and many became wealthy. Theyacquired town houses in addition to their rural estates.

Church reforms included abolishing church sanctuaries. Benefitof 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 marriageannulment matters were appealable to the Court of Chancery instead ofto 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 summonand dissolve Parliament, coin money, create peers [members of the Houseof Lords who received individual writs of summons to Parliament],pardon criminals, order the arrest of dangerous persons withoutcustomary process of law in times of likely insurrection, tax and callmen to arms without the consent of Parliament if the country werethreatened with invasion.

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

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

The Law

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

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

A person having land in socage or fee simple may will anddevise his land by will or testament in writing.

A person holding land by knight's service may will and deviseby his last will and testament in writing part of his land to his wifeand other parts of his land to his children, as long as 1/3 of entailedland is left to the King.

Anyone serving the king in war may alienate his lands for theperformance of his will, and if he dies, his feoffees or executorsshall have the wardship of his heir and land.

A person who leases land for a term of years, even if byindenture or without a writing, may have a court remedy as do tenantsof freehold for any expulsion by the lessor which is contrary to thelease, covenant, or agreement. These termers, their executors andassigns, shall hold and enjoy their terms against the lessors, theirheirs and assigns. The lessor shall have a remedy for rents due orwaste by a termer after recovering the land as well as if he had notrecovered the land.

A lord may distrain land within his fee for rents, customs, orservices due without naming the tenant, because of the existence ofsecret feoffments and leases made by their tenants to unknown persons.

Anyone seised of land to the use or trust of other persons byreason of a will or conveyance shall be held to have lawful seisin andpossession of the land, because by common law, land is not devisable bywill or testament, yet land has been so conveyed, which has deprivedmarried men of their courtesy, women of their dower, the king of thelands 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 towife of property or income for life after his death] and dower of herhusband's land. (Persons had purchased land to hold jointly with theirwives)

A sale of land must be in writing, sealed, and registered inits county with the clerk of that county. If the land is worth lessthan 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 writingunder his seal for a term of years or a term of life, because manypeople who had taken leases of lands and tenements for a term of yearsor a term of lives had to spend a lot for repair and were then evictedby 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 oftestaments may take a fee for probating a testament where the goods ofthe testator are under 100s., except that the scribe writing theprobate of the testament may take 6d., and for the commission ofadministration of the goods of any man dying intestate, being up to100s, 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 maytake 2s.6d. at most, with 12d. residue to the scribe for registeringthe testament. Where the goods are over 800s. sterling, probate feesmay be 5s. at most, whereof the official may take 2s.6d. at most, with2s.6d. residue to the scribe, or the scribe may choose to take 1d. per10 lines of writing of the testament. If the deceased had willed by histestament any land to be sold, the money thereof coming nor the profitsof the land shall not be counted as the goods or chattel of thedeceased. Where probate fees have customarily been less, they shallremain the same. The official shall approve and seal the testamentwithout delay and deliver it to the executors named in such testamentsfor the said sum. If a person dies intestate or executors refuse toprove the testament, then the official shall grant the administrationof the goods to the widow of the deceased person, or to the next ofkin, or to both, in the discretion of the official, taking surety ofthem for the true administration of the goods, chattels, and debts.Where kin of unequal degree request the administration, it shall begiven to the wife and, at his discretion, other requestors. Theexecutors or administrators, along with at least two persons to whomthe deceased was indebted, or to whom legacies were made, or, upontheir refusal or absence, two honest kinsmen, shall make an inventoryof the deceased's personal property, goods, chattels, ware,merchandise, and take it upon their oaths to the official.

No parish clergyman or other spiritual person shall take amortuary fee or money from a deceased person with movable goods underthe value of 133s., a deceased woman-covert, a child, a person keepingno house, or a traveler. Only one mortuary fee may be taken of eachdeceased and that in the place where he most dwelled and lived. Wherethe deceased's personal property and goods are to the value of 133s. ormore, 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. orabove, mortuary up to 10s. may be taken. But where mortuaries havecustomarily been less, they shall remain the same.

Executors of a will declaring land to be sold for the paymentof debts, performance of legacies to wife and children, and charitabledeeds for the health of souls, may sell the land despite the refusal ofother 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 doctrineshall recant for the first offense. He shall abjure and bear a fa*ggot(a badge resembling a fa*ggot of wood which would have been used forburning him as a heretic) for the second offense. If he refuses toabjure or bear a fa*ggot or offends a third time, he shall be burned andlose all his goods. If a layperson teaches, defends, or maintains areligious doctrine other than the King's, he shall recant and beimprisoned for twenty days for the first offense. He shall abjure andbear a fa*ggot if he does not recant or offends a second time. He shallforfeit his goods and suffer perpetual imprisonment if he does notabjure or bear a fa*ggot or offends a third time.

The entry of an apprentice into a craft shall not cost morethan 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 oathnot to compete with him by setting up a shop after the term of hisapprenticeship.

No alien may take up a craft or occupation in the nation.

No brewer of ale or beer to sell shall make wood vessels orbarrels, and coopers shall use only good and seasonable wood to makebarrels and shall put their mark thereon. Every ale or beer barrelshall contain 32 of the King's standard gallons. The price of beerbarrels sold to ale or beer brewers or others shall be 9d.

An ale-brewer may employ in his service one cooper only tobind, 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 andafter 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 agricultureand cloth-making outside these towns. No one making cloth for sale mayhave more than one woolen loom or else forfeit 20s. This to protect theweavers' ability to maintain themselves and their families from richclothiers who keep many looms and employ journeymen and unskillfulpersons at low wages. No one owning a fulling mill may own a weavingloom. 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 ofits nest on the King's land. No one may disguise himself with hidden orpainted face to enter a forest or park enclosed with a wall for keepingdeer to steal any deer or hare.

Ducks and geese shall not be taken with any net or deviceduring the summer, when they haven't enough feathers to fly. But afreeholder of 40s. yearly may hunt and take such with long bow andspaniels.

No one may sell or buy any pheasant except the King's officersmay 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 fromeating so much grain at sowing and ripening time and destroying haystacks and the thatched roofs of houses and barns. They shall assembleyearly to survey all the land to decide how best to destroy all theyoung breed of crows for that year. Every village and town with atleast ten households shall put up and maintain crow nets for thedestruction of crows.

No land used for raising crops may be converted to pasture. Nowoods may be converted to agriculture or pasture. The efforts toenforce these proved these prohibitions were not successful.

No one shall cut down or break up dikes holding salt water andfresh water from flooding houses and pastures.

No one shall dump tin-mining debris, dung, or rubbish intorivers 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 oldone has been so damaged by waterways that horses with carriages cannotpass, with the consent of local officials.

Only poor, aged, and disabled persons may beg. Begging withouta license is punishable by whipping or setting in the stocks 3 dayswith 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 fromcarcasses for more than 1/2 penny and 1/2 farthing [1/4 penny] perpound.

French wines may not sell at retail for more than 8d. pergallon.

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, shallkeep two tall and strong mares in such park and shall not allow them tobe mounted by any short horse, because the breeding of good, swift, andstrong horses has diminished.

A man may have only as many trotting horses for the saddle asare appropriate to his degree.

No one may maintain for a living a house for unlawful gamessuch as bowling, tennis, dice, or cards. No artificer, craftsman,husbandman, apprentice, laborer, journeyman, mariner, fisherman mayplay these games except at Christmas under his master's supervision.Noblemen and others with a yearly income of at least 2,000s. may allowhis servants to play these games at his house.

Hemp or flax may not be watered in any river or stream whereanimals are watered.

No one shall sell merchandise to another and then buy back thesame merchandise within three months at a lower price. No one shallsell merchandise to be paid for in a year above the sum of 200s. per2000s. worth of merchandise. No one shall sell or mortgage any landupon condition of payment of a sum of money before a certain date abovethe 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 ofjewels, money, or goods from caskets entrusted to him for safekeepingby a nobleman or other master or mistress, it shall be a felony.

If a person breaks into a dwelling house by night to commitburglary or murder, is killed by anyone in that house, or a person iskilled in self-defense, the killer shall not forfeit any lands or goodsfor the killing.

Killing by poisoning shall be deemed murder and is punishableby death.

A person who has committed a murder, robbery, or other felonyhe has committed shall be imprisoned for his natural life and be burnedon the hand, because those who have been exiled have disclosed theirknowledge of the commodities and secrets of this nation and gatheredtogether to practice archery for the benefit of the foreign realm. Ifhe escapes such imprisonment, he shall forfeit his life.

A person convicted or outlawed shall be penalized by loss oflife, but not loss of lands or goods, which shall go to his wife asdower 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 supervisewatermen rowing people across the Thames River because many people havebeen robbed and drowned by these rowers. All such boats must be atleast 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 notcollected enough money for the Exchequer, but shall have allowancessufficient to perform their duties.

Butchers, brewers, and bakers shall not conspire together tosell their victuals only at certain prices. Artificers, workmen andlaborers shall not conspire to work only at a certain rate or only atcertain 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 soto make it appear as more in quantity than it is.

No one may sell cloth at retail unless the town where it wasdressed, dyed, and pressed has placed its seal on the cloth. Cloth maynot be pressed with a hot press, but only with a cold press.

Only artificers using the cutting of leather, may buy and selltanned leather and only for the purpose of converting it into madewares.

A beggar's child above five years may be taken into service byanyone that will.

Cattle may be bought only in the open fair or market and onlyby a butcher or for a household, team, or dairy, but not for resalelive.

Butter and cheese shall not be bought to be sold again exceptat retail in open shop, fair, or market.

No man may enter a craft of cloth-making until he has been anapprentice for seven years or has married a clothiers' wife andpracticing the trade for years with her and her servants sorting thewool.

No country person shall sell wares such as linen drapery, wooldrapery, hats, or groceries by retail in any incorporated town, butonly in open fairs.

For every 60 sheep there shall be kept one milk cow because ofthe 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 shoemakershall retain a journeyman to work by the piece for less than a threemonth period. Every craftsman who has three apprentices shall have onejourneyman. Servants in agriculture and bargemen shall serve by thewhole year and not by day wages.

There shall be a sales tax of 12d. per pound of wool clothgoods for the Crown.

All people shall attend church on Sundays to remember God'sbenefits and goodness to all and to give thanks for these with prayersand to pray to be given daily necessities.

Anyone fighting in church shall be excluded from the fellowshipof the parish community.

No one going from house to house to repair metal goods or sellsmall goods he is carrying may do this trade outside the town where helives.

No one may sell ale or beer without a license, because therehave been too many disorders in common alehouses. Offenders may be putin the town or county gaol for three days.

Only persons with yearly incomes of 1,333s. or owning goodsworth 13,333s. may store wine in his house and only for the use of hishousehold.

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 mayinherit their ancestor's lands. The priests may be tenants by courtesyafter the death of their wives of such land and tenements that theirwives happened to be seized of in fee simple or in fee tail, during thespousals.

As of 1541, it was felony to practice witchcraft, sorcery,enchantment, or conjuration [invocation of spirits] 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 ofmoney, 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

Since the nation was now peaceful, expediency was no longerneeded, so judicial procedures again became lengthy and formal withrecords.

The Privy Council took the authority of the Star Chamber court,which organized itself as a specialty court.

A specific group of full-time councilors heard pleas of privatesuitors. By royal proclamation of 1546, only those admitted by theChancellor and two chief justices may practice as counsel or in legalpleading in any of the King's courts. Also, such a person must beserjeant-at-law, reader, utter barrister, or an eight-year fellow ofone of the four houses of court, except in the Court of Common Pleas.

Doctors of the civil law may practice in the church or Chancerycourts.

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

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

Witnesses could be sworn in to state pertinent facts necessaryfor full understanding and adjudication of cases, because they arereliable now that there is no unlicensed livery and maintenance andbecause jurors no longer necessarily know all the relevant facts.

Justices shall tax inhabitants of the county for building gaolsthroughout the nation, for imprisonment of felons, to be kept by thesheriffs and repaired out of the Exchequer.

Piracy at sea or in river or creek or port are adjudicated incounties because of the difficulty of obtaining witnesses from theship, who might be murdered or who are on other voyages on the sea, foradjudication by the admiral.

Piracy and murder on ships is punishable by death only afterconfession or proof by disinterested witnesses.

Land held by tenants in common may be partitioned by courtorder, because some of these tenants have cut down all the trees totake the wood and pulled down the houses to convert the material totheir own use.

Persons worth 800s. a year in goods shall be admitted in trialsof felons in corporate towns although they have no freehold of land.

Each justice of the high courts may employ one chaplain.

The bishops, nobility, and Justices of the Peace were commandedto imprison clergy who taught papal authority. Justices of the Peaceand sheriffs were to watch over the bishops. The Justices of Assizewere to assess the effectiveness of the Justices of the Peace as wellas enforce the treason statute on circuit.

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

The leet court and sheriff's turn court have much lessjurisdiction. They may dispose of presentments of trespasses andnuisances, but not felony or question of freehold. Such presentmentsare made by a set of at least twelve men, and the presented person isamerced there and then.

The humanist intellectual revival caused the church courts totry to eliminate contradictions with state law, for instance in debt,restitution, illegitimacy, and the age of legal majority.

An example of a case in the King's Bench is this: "A Frenchpriest was indicted in Kent for bringing false ducats into the realm inorder to make payment, knowing them to be false. He was thereuponarraigned and found guilty, and the judgment was respited and therecord sent into the King's Bench. And there he was discharged; for thestatute of 25 Edw. 3 is for bringing (in) false money counterfeitingcoin of the realm, and the ducats are not coin of the realm"

In the case of R. v. Thorpe "A man robbed a church in Essexand was indicted for it in Essex; and he went to Ipswich in Suffolk anda goldsmith received him; and they were both indicted in Suffolk, oneas principal and the other as accessory, because the principal hadbrought part of the stolen goods to Ipswich. And the justices in Essexsent a writ for the principal, whereby he was there arraigned and foundguilty and hanged. Then the other indictment in Suffolk was removedinto the King's Bench, and upon process the sheriff returned theprincipal dead; so the accessory came by process and pleaded the deathof the principal, and the attorney for the king confessed it, andtherefore he was discharged."

In the case of R. v. More, "And then on Thursday, the first dayof July, Sir Thomas more, knight (who had earlier been Chancellor ofEngland and was afterwards discharged from the same office) wasarraigned before the said SIR THOMAS AUDLEY, Chancellor and the othercommissioners, for treason, in that he was an aider, counsellor andabettor to the said Fisher, and also that he falsely, maliciously, andtraitorously desiring, willing, and scheming, contrived, practised andattempted to deprive the king of his dignity, name and title of SupremeHead on earth of the Church of England. (He was) found guilty, and thesaid Chancellor gave judgment. And the said More stood firmly upon thestatute of 26 Hen 8, for he said that the Parliament could not make theking Supreme Head, etc. He was beheaded at Tower Hill,"

Chapter 13

The Times: 1558-1601

Queen Elizabeth I was intelligent, educated, and wise abouthuman nature. When young, she was a brilliant student and studied theBible, 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, atage seven, when the first professorship of Greek was founded atCambridge University. Learning from books was one of her highest valuesthroughout her life.

She read so much and was so influenced by Cicero that sheacquired his style of writing. Her Chief Secretary William Cecil was soguided by Cicero's "Offices" that he carried a copy in his pocket.Cicero opined that government officials had a duty to make the safetyand interest of citizens its greatest aim and to influence all theirthoughts and endeavors without ever considering personal advantage.Government was not to serve the interest of any one group to theprejudice or neglect of the rest, for then discord and sedition wouldoccur. Furthermore, a ruler should try to become loved and not feared,because men hated those whom they feared, and wished them dead.Therefore obedience proceeding from fear could not last, whereas thatwhich was the effect of love would last forever. An oppressor ruling byterror would be resented by the citizens, who in secret would choose aworthier person. Then liberty, having been chained up, would beunleashed more fiercely than otherwise. To obtain the peoples' love, aruler should be kind and bountiful. To obtain the peoples' trust, aruler should be just, wise, and faithful. To demonstrate this, a rulershould be eloquent in showing the people an understanding better thantheirs, the wisdom to anticipate events, and the ability to deal withadverse events. And this demonstration should be done with modesty. Onecannot get the peoples' trust by vain shows, hypocritical pretenses,composed countenances, and studied forms of words. The first goal of aruler is to take care that each individual is secured in the quietenjoyment of his own property. The second goal is to impose taxes thatare not burdensome. The third goal is to furnish the people withnecessaries. The law should be enforced keeping in mind that itsfundamental purpose is to keep up agreement and union among citizens.

Elizabeth cared deeply for the welfare of all citizens ofwhatever class. She was sensitive to public opinion and was loved byher people. She respected truth and was sincere, avoiding guile orfraud. She claimed that she had never dishonored her tongue with afalsehood to anyone. She expected that any covert manipulations bymonarchs would be found out and therefore would damage theircredibility. "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 creditreputation was so good that she could always get loans at small ratesof interest from other countries. England was a small Protestant nationthreatened by the larger Catholic nations of France and Spain. WhenElizabeth flirted and talked of marriage with foreign princes, theylaid aside any thoughts of conquering England by war, hoping to obtainit my marriage. Not only did she not seek to conquer other lands, butshe 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 whoseleave earthly princes rule over mortals, when the most prudent of kingswho administered a kingdom, Solomon, frankly confessed that he was notcapable enough unless Thou broughtst him power and help, how much lessam I, Thy handmaid, in my unwarlike sex and feminine nature, adequateto administer these Thy kingdoms of England and of Ireland, and togovern an innumerable and warlike people, or able to bear the immensemagnitude of such a burden, if Thou, most merciful Father didst notprovide for me (undeserving of a kingdom) freely and against theopinion of many men. Instruct me from heaven, and give help so that Ireign by Thy grace, without which even the wisest among the sons of mencan think nothing rightly. Send therefore, O inexhaustible Fount of allwisdom, 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 ingoverning the commonwealth, and that it may take pains, that it mayteach me, Thy handmaid, and may train me that I may be able todistinguish between good and evil, equity and iniquity, so as rightlyto judge Thy people, justly to impose deserved punishments on those whodo harm, mercifully to protect the innocent, freely to encourage thosewho are industrious and useful to the commonwealth. And besides, that Imay know what is acceptable to Thee alone, vouchsafe that I wish, dare,and can perform it without paying respect to any earthly persons orthings. So that when Thou Thyself, the just Judge, who askest many andgreat things from those to whom many and great things are entrusted,when Thou requirest an exact accounting, charge me not with badlyadministering my commonwealth and kingdom. But if by humanthoughtlessness or infirmity Thy handmaid strays from the right in something, absolve me of it by Thy mercy, most high King and most mildFather, for the sake of Thy Son Jesus Christ; and at the same timegrant that after this worldly kingdom has been exacted of me, I mayenjoy 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, oneeverlasting King, immortal, invisible, only-wise God, be all honor andglory forever and ever, amen."

Elizabeth promoted commercial speculations, which diffused avast increase of wealth among her people. The Elizabethan era was oneof general prosperity. Her good spirits and gayness created a happymood in the nation. She loved dancing and madrigal music was popular.She came to dress elaborately and fancifully. Her dresses were fittednot only at the waist, but along the torso by a long and pointed bodicestiffened with wood, steel, or whalebone. Her skirt was held out with apetticoat with progressively larger hoops. There were two layers ofskirt with the top one parted to show the bottom one. The materialsused were silks, satins, velvets, and brocades. On her dress werequiltings, slashings, and embroidery. It was covered with goldornaments, pearls, gems, and unusual stones from America. She woredecorated gloves. Ladies copied her and discarded their simpleover-tunics for elaborate dresses. The under-tunic became a petticoatand the over-tunic a dress. Often they also wore a fan with a mirror, aball of scent, a miniature portrait of someone dear to them, andsometimes a watch. Single ladies did not wear hats, but had long,flowing hair and low cut dresses showing their bosoms. Married ladiescurled their hair and wore it in high masses on their heads with jewelsinterwoven into it. Both gentlemen and ladies wore hats both indoorsand outside and large, pleated collars around their necks (with thenewly discovered starch), perfume, rings with stones or pearls, andhigh-heeled shoes. Gentlemen's' tight sleeves, stiffened and fitteddoublet with short skirt, and short cloak were ornamented and theirsilk or velvet hats flamboyant, with feathers. At their leather beltsthey hung pouches and perhaps a watch. They wore both rapiers [swordswith 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 aman a haircut that would favor his appearance, for instance a longslender beard for a round face to make it seem narrower and a broad andlarge cut for a lean and straight face. Men now wore stuffed breechesand stockings instead of long hosen. Some wore a jeweled andembroidered codpiece between their legs to emphasize their virility.Both gentlemen and ladies wore silk stockings and socks over them andthen boots. Coats dipped in boiled linseed oil with resin served asraincoats. Both men and women wore velvet or wool full lengthnightgowns with long sleeves and fur lining and trimming to bed, whichwas the custom for the next 150 years. Fashions changed every year dueto the introduction of cheaper, lighter, and less durable cloths byimmigrant craftsmen. When Elizabeth became old, she had a wig made tomatch her youthful long red hair. Other ladies then began wearing wigs.

Every few years, Elizabeth issued a proclamation remindingpeople of the apparel laws and reiterating certain provisions which hadbeen disregarded. For instance, only the royal family and dukes andmarquises in mantles [cloaks] of the garter could wear the colorpurple. 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 ofthe order could wear imported wool, velvet, crimson, scarlet, or blue,or certain furs., except that barons' sons, knights, or men who coulddispend at least 200 pounds yearly could wear velvet in gowns or coats,embroidery, and furs of leopards. Spurs, swords, rapiers, daggers, andwoodknives were restricted to knights and barons' sons or higher. A manwho could dispend at least 100 pounds per year could wear taffeta,satin, damask, or cloth made of camels' hair and silk, in his outergarments. One had to be the son and heir or the daughter of a knight orwife of said son or a man who could dispend 20 pounds yearly or had 200pounds worth in goods to wear silk in one's hat, bonnet, nightcap,girdle, scabbard, or hose. Yeomen, husbandmen, serving men, andcraftsmen were very restricted in what they could wear. Poor men woreskirted fustian tunics, loose breeches, and coarse stockings or canvasleggings.

Children wore the same type of apparel as their elders. Theywere given milk at meals for good growth. It was recognized thatsickness could be influenced by diet and herbs. Sickness was stillviewed 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 aattorney, 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 andgentlemen; self-sufficient farmers with their own farm; fisherman ormariner on the sea or apprentice of such; employment by carriers ofgrain 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 boy2 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. aday and food or 8d. without food, a smith 2d. a day with food, abricklayer 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 thecountry: January - ditching and hedging after the frost broke, February- catch moles in the meadows, March - protect the sheep from prowlingdogs, April - put up hop poles, sell bark to the tanner before thetimber is felled, fell elm and ash for carts and ploughs, fell hazelfor forks, fell sallow for rakes, fell horn for flails, May - weed andhire children to pick up stones from the fallow land, June - wash andshear the sheep, July - hay harvest, August - wheat harvest, Septemberand 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 upto dry, November - have the chimneys swept before winter, thresh grainin the barn, December - grind tools, repair yokes, forks, and farmimplements, cover strawberry and flower beds with straw to protect themfrom the cold, split kindling wood with beetle and wedge, tan theirleather, make leather jugs, make baskets for catching fish, and carvewood spoons, plates, and bowls.

There was a wave of building and renovation activity in townand country. Housing is now, for the first time, purely for dwellingand not for defense. Houses were designed symmetrically with decorativefeatures instead of a haphazard addition of rooms. Windows were largeand put on the outer walls instead of just inside the courtyard. Ascarcity of timber caused proportionally more stone to be used fordwelling houses and proportionately more brick to be used for royalpalaces and mansions. The rest of the house was plaster painted whiteinterspersed with vertical, horizontal, and sloping timber, usuallyoak, painted black. There were locks and bolts for protection fromintruders. The hall was still the main room, and usually extended up tothe roof. Richly carved screens separated the hall from the kitchen.The floors were stone or wood, and sometimes tile. They were oftencovered with rushes or plaited rush mats, on which incomers couldremove the mud from their boots. Some private rooms had carpets on thefloor. Walls were smoothly plastered or had carved wood paneling tocontrol drafts. Painted cloths replaced tapestries on walls. Familyportraits decorated some walls, usually in the dining room. Iron standswith candles were hung from the ceiling and used on tables. Plasteredceilings and a lavish use of glass made rooms lighter and cozy. Broadand gracious open stairways with carved wood banisters replaced thenarrow winding stone steps of a circular stairwell. Most houses hadseveral ornamented brick chimneys and clear, but uneven, glass in thewindows. There were fireplaces in living rooms, dining rooms, kitchen,and bedrooms, as well as in the hall and great chamber. Parlors wereused for eating and sitting only, but not for sleeping. Closets wererooms off bedrooms in which one could read and write on a writingtable, and store one's books, papers, maps, calendar, medals,collections, rarities, and oddities. Sometimes there was a study roomor breakfast room as well. A gentleman used his study not only to readand to write, but to hold collections of early chronicles, charters,deeds, copied manuscripts, and coins that reflected the buddinginterest in antiquarianism; and to study his family genealogy, forwhich he had hired someone to make an elaborate diagram. He wasinclined to have a few classical, religious, medical, legal, andpolitical books there. Rooms were more spacious than before andcontained oak furniture such as enclosed cupboards; cabinets; buffetsfrom which food could be served; tables, chairs and benches with backsand cushions, and sometimes with arms; lidded chests for storingclothes and linens, and occasionally chests of drawers or wardrobes,either hanging or with shelves, for clothes. Chests of drawersdeveloped from a drawer at the bottom of a wardrobe. Carpeting coveredtables, chests, and beds. Great houses had a wardrobe chamber with afireplace in front of which the yeoman of the wardrobe and hisassistants could repair clothes and hangings. Separate bedchambersreplaced bed-sitting rooms. Bedrooms all led out of each other. Thelady's chamber was next to her lord's chamber, and her ladies' chamberswere close to her chamber. But curtains on the four-poster beds withtops provided privacy and warmth. Beds had elaborately carvedbedsteads, sheets, and a feather cover as well as a feather mattress.Often family members, servants, and friends shared the same bed forwarmth or convenience. Each bedroom typically had a cabinet with amirror, e.g. of burnished metal or crystal, and comb on top. Onebrushed his teeth with tooth soap and a linen cloth, as physiciansadvised. Each bedroom had a pitcher and water bowl, usually silver orpewter, for washing in the morning, and a chamber pot or a stool with ahole over a bucket for nighttime use, and also fragrant flowers tooverride the unpleasant odors. The chamber pots and buckets wereemptied into cesspits. A large set of lodgings had attached to itlatrines consisting of a small cell in which a seat with a hole wasplaced over a shaft which connected to a pit or a drain. The servantsslept in turrets or attics. Elizabeth had a room just for her bath.

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

More than medieval castles and manor houses, mansions weredesigned with privacy in mind. The formal or "state" rooms were on thefirst 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 greatchamber involved the same ceremonial ritual as in the manorial greatchamber dating from the 1400s. The table was covered with a linencloth. The lady of the house sat in a chair at the upper end of thetable and was served first. People of high rank sat at her end of thetable "above" the fancy silver salt cellar and pepper. People of lowrank sat "below" it near the other end of the table. Grace was saidbefore the meal. Noon dinner and supper were served by cupbearer,sewer, carver, and assistants. Fine clear Italian glass drinkingvessels replaced even gold and silver goblets. Food was eaten fromsilver 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 thetraditional venison and brawn [boar]. Kitchen gardens and orchardssupplied 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 underglass. Sugar was used to make sweet dishes. Toothpicks made of brass orsilver or merely a stiff quill were used. After the meal, some men andwomen were invited for conversation in a withdrawing or drawingchamber. Some might take a walk in the gardens. After the upper tablewas served, the food was sent to the great hall to the steward and highhousehold officers at the high table and other servants: serving menand 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. Greatchambers were used primarily for meals, but also for music; dancing;plays; masques; playing cards, dice, backgammon, or chess; and dailyprayers if there was no chapel.

Without the necessity of fortifications, the estate of a nobleor gentleman could spread out to include not only a garden for thekitchen, but extensive orchards and beautiful formal gardens of flowersand scrubs, sometimes with fountains and maybe a maze of hedges. Treeswere planted, pruned, and grafted onto each other.

Householders had the responsibility to teach their family andservants religion and morals, and often read from the Bible to them.Many thought that the writers of the Bible wrote down the exact wordsof God, so the passages of the Bible should be taken literally. A noblelord made written rules with penalties for his country household, whichnumbered about a hundred, including family, retainers, and servants. Heenforced them by fines, flogging, and threats of dismissal. The lady ofthe house saw that the household held together as an economic andsocial unit. The noble's family, retainers, guests, and the headservants, such as chaplain and children's tutor, and possibly amusician, dined together at one table. The family included stepchildren and married sons and daughters with their spouses. Youngcouples often lived with the parents of one of them. Chandeliers ofcandles lit rooms. There were sandglass clocks. Popular home activitiesincluded reading, conversation, gardening, and music-making. Smokingtobacco from a clay pipe and taking snuff became popular with men. Foramusem*nt, one of the lord's household would take his place in managingthe estate for twelve days. He was called the "lord of misrule", andmimicked his lord, and issued comic orders. Clothes were washed inrivers and wells. At spring cleanings, windows were opened, everywashable surface washed, and feather beds and pillows exposed to thesun.

Most dwellings were of brick and stone. Only a few were of woodor mud and straw. The average house was now four rooms instead ofthree. Yeomen might have six rooms. A weaver's house had a hall, twobedrooms, and a kitchen besides the shop. Farmers might have twoinstead of one room. A joiner had a one-room house with a feather bedand bolster. Even craftsmen, artificers and simple farmers slept onfeather beds on bed frames with pillows, sheets, blankets, andcoverlets. Loom tapestry and painted cloth was hung to keep out thecold in their single story homes. They also had pewter spoons andplates, instead of just wood or earthenware ones. Even the poorer classhad glass drinking vessels, though of a coarse grade. The poor stillused wooden plates and spoons. Laborers had canvas sheets. Richerfarmers would build a chamber above the hall, replacing the open hearthwith a fireplace and chimney at a wall. Poorer people favored groundfloor extensions, adding a kitchen or second bedchamber to theircottages. Kitchens were often separate buildings to reduce the risk offire. Roasting was done on a spit and baking in irons boxes placed inthe fire or in a brick oven at the side of the fireplace. Sometimesdogs were used to turn a spit by continual running in a treadmill. Somepeople lived in hovels due to the custom in many places that a personcould live in a home he built on village waste land if he could buildit in one night.

Yeomen farmers still worked from dawn to dusk. Mixed farmingbegan. In this, some of the arable land produced food for man and therest produced food for sheep, cattle, pigs, and poultry. This was madepossible by the introduction of clover, artificial grasses, and turnipand other root crops for the animals. Since the sheep ate these cropsin the field, they provided manure to maintain the fertility of thesoil. This meant that many animals could be maintained throughout thewinter instead of being slaughtered and salted. So salted meat andsalted fish were no longer the staple food of the poorer people duringthe winter. Farm laborers ate soup, porridge, milk, cheese, bacon, andbeer or mead (depending on the district), and dark barley or rye bread,which often served as his plate. Gentlemen ate wheat bread. There was ascarcity of fruits and vegetables that adversely affected the health ofthe affluent as well as of the poor due to the overall decline infarming. 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 becamesix times its value in the previous reign. Wool fell from 20s.8d. pertod to 16s. So sheep farming, which had taken about 5% of the arableland, was supplanted somewhat by crop raising, and the rural populationcould be employed for agriculture. In some places, the threefold systemof rotation was replaced by alternating land used for crops with thatused for pasture. The necessity of manuring and the rotation of cropsand grasses such as clover for enrichment of the soil were recognized.Wheat, rye, barley, peas, and beans were raised. There was muchappropriation of common land by individual owners by sale or force.Many farms were enclosed by fences or hedges so that each holder couldbe independent of his neighbors. Red and black currants, rhubarb,apricots, and oranges were now grown. These independent farmers couldsell wool to clothiers, and butter, cheese, and meat to the towns. Theyalso often did smithwork and ironwork, making nails, horseshoes, keys,locks, and agricultural implements to sell. A laborer could earn 6d. aday in winter and 7d. a day in summer. Unfree villeinage ceased on theroyal estates. But most land was still farmed in common and worked instrips without enclosure. Elizabeth made several proclamations orderingthe enclosure of certain enclosed land to be destroyed and the landreturned to tillage. Windmills now had vanes replacing manual labor tochange the position of their sails when the wind direction changed.Prosperous traders and farmers who owned their own land assumed localoffices as established members of the community.

The population of the nation was about five million. Populationexpansion had allowed landlords to insist on shorter leases and higherrents, instead of having to choose between accepting a long lease andgood rent or allowing their estates to pass out of cultivation. Over50% of the population were on the margin of subsistence. 90% of thepopulation lived in the countryside and 5% in the London and 5% in theother towns. Life expectancy was about 40 years of age. Over 50% wereunder the age of 23, while only about 9% were over 60. Fluctuations inrates of population growth were traceable back to bad harvests and toepidemics and the two were still closely related to each other: "firstdirth and then plague".

Most of London was confined within the city wall. There wereorchards and gardens both inside and outside the walls, and fieldsoutside. Flower gardens and nurseries came into existence. No part ofthe city was more than a ten minute walk to the fields. Some wealthymerchants had four story mansions or country houses outside the citywalls. The suburbs of the City of London grew in a long line along theriver; on the west side were noblemen's houses on both sides of theStrand. East of the Tower was a seafaring and industrial population.Goldsmiths' Row was replete with four story houses. A few wealthymerchants became money- lenders for interest, despite the law againstusury. The mayor of London was typically a rich merchant prince. Eachtrade occupied its own section of the town and every shop had its ownsignboard, for instance, hat and cap sellers, cloth sellers, grocers,butchers, cooks, taverns, and booksellers. Many of the London wardswere associated with a craft, such as Candlewick Ward, Bread St. Ward,Vintry Ward, and Cordwainer Ward. Some wards were associated with theirlocation in the city, such as Bridge Ward, Tower Ward, Aldgate Ward,Queenhithe Ward, and Billingsgate Ward. People lived at the back or onthe second floor of their shops. In the back yard, they grew vegetablessuch as melons, carrots, turnips, cabbages, pumpkins, parsnips, andcucumbers; herbs; and kept a pig. The pigs could still wander throughthe streets. Hyde Park was the Queen's hunting ground. London had asmall zoo of ten animals, including a lion, tiger, lynx, and wolf.

London was England's greatest manufacturing city. By 1600 thegreatest trading companies in London ceased to be associated only withtheir traditional goods and were dominated by merchants whose maininterest was in the cloth trade. Ambitious merchants joined a liverycompany to become freemen of the city and for the status and socialbenefits of membership. The companies still made charitable endowments,had funeral feasts, cared for the welfare of guild members, and madelavish displays of pageantry. They were intimately involved with thegovernment of the city. They supplied members for the Court ofAldermen, which relied on the companies to maintain the City'semergency grain stores, to assess and collect taxes, to provide loansto the Crown, to control prices and markets, to provide armed men whentrouble was expected, and to raise armies for the Crown at times ofrebellion, war, or visits from foreign monarchs. From about 1540 to1700, there were 23% involved in cloth or clothing industries such asweavers, tailors, hosiers, haberdashers, and cappers. 9% wereleatherworkers such as skinners; tanners; those in the heavy leathercrafts such as shoemakers, saddlers, and cobblers; and those in thelight leather crafts such as glovers and pursers. Another 9% worked inmetals, such as the armorers, smiths, cutlers, locksmiths, andcoppersmiths. 8% worked in the building trades. The victualing trades,such as bakers, brewers, butchers, costermongers [sold fruit andvegetables from a cart or street stand], millers, fishmongers,oystermen, and tapsters [bartender], grew from 9% before 1600 to 16% by1700. Of London's workforce, 60% were involved in production; 13% weremerchants before 1600; 7% were merchants by 1700; 7% were transportworkers such as watermen, sailors, porters, coachmen, and shipwrights;and 5-9% were professionals and officials (this number declining). Lifein London was lived in the open air in the streets. The merchanttransacted business agreements and the attorney saw his clients in thestreet or at certain pillars at St. Paul's Church, where there was amarket for all kinds of goods and services, including gentlemen'svalets, groceries, spirits, books, and loans, which continued evenduring the daily service. Some gentlemen had offices distant from theirdwelling houses such as attorneys, who had a good income from tradedisputes and claims to land, which often changed hands. Plays andrecreation also occurred in the streets, such as performances bydancers, musicians, jugglers, clowns, tumblers, magicians, and men whoswallowed fire. The churches were continuously open and used by tradesand peddlers, including tailors and letter-writers. Water carrierscarried water in wood vessels on their shoulders from the Thames Riveror its conduits to the inhabitants three gallons at a time. A gentlemanconcocted an engine to convey Thames water by lead pipes up into men'shouses in a certain section of the city. In 1581, a man took out alease on one of the arches of London Bridge. There he built awaterwheel from which he pumped water to residents who lived beside thebridge. Soldiers, adventurers, physicians, apprentices, prostitutes,and cooks were all distinguishable by their appearances. An ordinancerequired apprentices to wear long blue gowns and white breeches withstockings, with no ornamentation of silk, lace, gold or silver and nojewelry. 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 9p.m. Some people knitted wool caps as they walked to later sell. Therewere sections of town for booksellers, butchers, brewers, hosiers,shoemakers, curriers, cooks, poulters, bow makers, textwriters,pattenmakers, and horse and oxen sellers. Large merchant companies hadgreat 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, andclothworkers. 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 inspectinggoods for a fee.

About 1571, mercer and Merchant Adventurer Thomas Greshamestablished the Royal Exchange as a place for merchants and brokers tomeet for business purposes. It became the center of London's businesslife. Its great bell rang at midday and at 6 p.m. Its courtyard waslined with shops that rented at 50s. yearly and became a popular socialand recreational area. Gresham formulated his law that when two kindsof money of equal denomination but unequal intrinsic value are incirculation at the same time, the one of greater value will tend to behoarded or exported, i.e. bad money will drive good money out ofcirculation.

The work-saving knitting frame was invented in 1589 by ministerWilliam Lee; it knit crosswise loops using one continuous yarn and wasoperated by hand. The stocking knitters, who knitted by hand, put up abitter struggle against its use and chased Lee out of the country. Butit did come into use. Some framework stocking knitters paid frame rentfor the use of their knitting frames. Frame knitting became a scatteredindustry.

By 1600 basem*nt services were frequently found in town housesbuilt on restricted sites in London. Lastly, provision of watersupplies and improved sanitary arrangements reflected concern withprivate and public health. There was virtually no drainage. In the caseof town houses, some owners would go to considerable effort to solvedrainage problems, often paying cash to the civic authorities, butsometimes performing some service for the town at Court or atWestminster, in return for unlimited water or some drainage. Mostaffluent households, including the Queen's, moved from house to house,so their cesspits could be cleaned out and the vacated buildings airedafter use. A few cesspits were made air tight. Otherwise, there wasextensive burning of incense. Refuse was emptied out of front doors andshoveled into heaps on street corners. It was then dumped into theThames or along the highways leading out of town. People put on perfumeto avoid the stench. By 1600, the first toilet and water closet, wherewater flushed away the waste, was built. This provided a clean toiletarea all year round. But these toilets were not much used because ofsewer smells coming from them. The sky above London was darkenedsomewhat by the burning of coal in houses.

Taverns served meals as well as ale. They were popular meetingplaces for both men and women of all backgrounds to met their friends.Men went to taverns for camaraderie and to conduct business. Womenusually went to taverns with each other. Two taverns in particular werepopular with the intelligentsia. Music was usually played in thebackground and games were sometimes played. Beer made with hops andmalt was introduced and soon there were beer drinking contests.Drunkenness became a problem.

At night, the gates of the city were closed and citizens wereexpected to hang out lanterns. The constable and his watchmen carriedlanterns and patrolled the streets asking anyone they saw why they wereout so late at night. Crime was rampant in the streets and criminalswere executed near to the crime scene.

There were a few horse-drawn coaches with leather flaps orcurtains in the unglazed windows to keep out the weather. The mainthoroughfare in London was still the Thames River. Nobles, peers, anddignitaries living on the Thames had their own boats and landings. Alsoat the banks, merchants of all nations had landing places where shipsunloaded, warehouses, and cellars for goods and merchandise. Swans swamin the clear bright water. Watermen rowed people across the Thames fora fee. In Southwark were theaters, outlaws, cutpurses, prostitutes, andprisons. In 1550 Southwark became the 26th and last ward of London. Inthe summer, people ate supper outside in public.

As of old times, brokers approved by the Mayor and aldermenmade contracts with merchants concerning their wares. Some contractsincluded holding wares as security. Some craftsmen and manual workersextended this idea to used garments and household articles, which theytook as pawns, or security for money loaned. This began pawn brokerage,which was lucrative. The problem was that many of the items pawned hadbeen stolen.

Elizabeth had good judgment in selecting her ministers andadvisors for her Privy Council, which was organized like Henry VIII'sPrivy Council. The Queen's Privy Council of about twelve ministershandled foreign affairs, drafted official communiques, issuedproclamations, supervised the county offices: the 1500 Justices of thePeace, chief constables, sheriffs, lord lieutenants, and the countymilitias. It fixed wages and prices in London, advised Justices of thePeace on wages elsewhere, and controlled exports of grain to keepprices down and supplies ample. It banned the eating of meat two days aweek so that the fishing industry and port towns would prosper. Whengrain was scarce in 1596, Elizabeth made a proclamation against thoseingrossers, forestallers, and ingraters of grain who increased itsprice by spreading false rumors that it was scarce because much of itwas being exported, which was forbidden. There were labor strikes insome towns for higher wages after periods of inflation. In 1591, Londonauthorities rounded up the sturdy vagabonds and set them to workcleaning out the city ditches for 4d. per day. During the Tudor period,the office of Secretary of State was established.

Elizabeth did not allow any gentleman to live in London purelyfor pleasure, but sent those not employed by the Court back to theircountry manors to take care of and feed the poor of their parishes. Herproclamation stated that "sundry persons of ability that had intendedto save their charges by living privately i