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diff --git a/6603-8.txt b/6603-8.txt new file mode 100644 index 0000000..ea79dd2 --- /dev/null +++ b/6603-8.txt @@ -0,0 +1,30206 @@ +The Project Gutenberg EBook of Our Legal Heritage, 4th Ed., by S. A. Reilly + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +** This is a COPYRIGHTED Project Gutenberg eBook, Details Below ** +** Please follow the copyright guidelines in this file. ** + +Title: Our Legal Heritage, 4th Ed. + +Author: S. A. Reilly + +Posting Date: August 21, 2012 [EBook #6603] +Release Date: October, 2004 +First Posted: December 30, 2002 +Last Updated: February 28, 2003 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK OUR LEGAL HERITAGE, 4TH ED. *** + + + + + + + + + + + + + + + + +OUR LEGAL HERITAGE + +King AEthelbert - King George III + +600 A.D. - 1776 + + + + + + +By + +S. A. Reilly, Attorney +175 E. Delaware Place +Chicago, Illinois 60611-1724 +S.A.Reilly@att.net + + + +4th Edition + + +Copyright (C) 2002 + + + + + + + +Preface + +This was written to appreciate what laws have been in existence +for a long time and therefore have proven their success in +maintaining a stable society. Its purpose is also to see the +historical context in which our legal doctrines developed. It +includes the inception of the common law system, which was praised +because it made law which was not handed down by an absolutist +king; the origin of the jury system; the meaning of the Magna +Carta provisions in their historical context; and the emergence of +attorneys. + +This book is a primer. One may read it without prior knowledge of +history or law, although it will be more meaningful to attorneys +than to others. It can serve as an introduction on which to base +further reading in English legal history. It defines terms unique +to English legal history. However, the meaning of some terms in +King Aethelbert's code in Chapter 1 are unknown or inexact. + +In the Table of Contents, the title of each chapter denotes an +important legal development in the given time period for that +chapter. Each chapter is divided into three sections: The Times, +The Law, and Judicial Procedure. + +The Times section sets a background and context in which to better +understand the law of that period. The usual subject matter of +history such as battles, wars, royal intrigues, periods of +corruption, and international relations are omitted as not helping +to understand the process of civilization and development of the +law. Standard practices are described, but there are often +variations with locality. Also, change did not come abruptly, but +with vacillations, e.g. the change from pagan to Christian belief +and the change to allowance of loans for interest. The scientific +revolution was accepted only slowly. There were often many +attempts made for change before it actually occurred, e.g. gaining +Parliamentary power over the king's privileges, such as taxation. + +The Law section describes the law governing the behavior and +conduct of the populace. It includes law of that time which is the +same, similar, or a building block to the law of today. In earlier +times this is both statutory law and the common law of the courts. +The Magna Carta, which is quoted in Chapter 7, is the first +statute of England and is listed first in the "Statutes of the +Realm" and the "Statutes at Large". The law sections of Chapters 7 +- 18 mainly quote or paraphrase most of these statutes. Excluded +are statutes which do not help us understand the development of +our law, such as statutes governing Wales after its conquest and +statutes on succession rights to the throne. + +The Judicial Procedure section describes the process of applying +the law and trying cases, and jurisdictions. It also contains some +examples of cases. + +For easy comparison, amounts of money expressed in pounds or marks +[Danish denomination] have often been converted to the smaller +denominations of shillings and pence. There are twenty shillings +in a pound. A mark in silver is two-thirds of a pound. Shillings +are abbreviated: "s." There are twelve pennies or pence in a +Norman shilling. Pence are abbreviated "d." Six shillings and two +pence is denoted 6s.2d. A scaett was a coin of silver and copper +of lesser denomination than a shilling. + +The sources and reference books from which information was +obtained are listed in a bibliography instead of being contained +in tedious footnotes. There is no index to pages because the +electronic text will print out its pages differently on different +computers with different computer settings. Instead, a word search +may be done on the electronic text. + + + + +Dedication and Acknowledgements + +A Vassar College faculty member once dedicated her book to her +students, but for whom it would have been written much earlier. +This book "Our Legal Heritage" is dedicated to the faculty of +Vassar College, without whom it would never have been written. +Much appreciation goes to Professor Lacey Baldwin Smith of +Northwestern University's History Department and to Professor +James Curtin of Loyola Law School for their review and comments on +this book: The Tudor and Stuart periods: Chapters 11-17, and the +medieval period: Chapters 4-10, respectively. + + + + +Table of Contents + +Chapters: + + 1. Tort law as the first written law: to 600 + 2. Oaths and perjury: 600-900 + 3. Marriage law: 900-1066 + 4. Martial "law": 1066-1100 + 5. Criminal law and prosecution: 1100-1154 + 6. Common Law for all freemen: 1154-1215 + 7. Magna Carta: the first statute: 1215-1272 + 8. Land law: 1272-1348 + 9. Legislating the economy: 1348-1399 + 10. Equity from Chancery Court: 1399-1485 + 11. Use-trust of land: 1485-1509 + 12. Wills and testaments of lands and goods: 1509-1558. + 13. Consideration and contract Law: 1558-1601 + 14. Welfare for the poor: 1601-1625 + 15. Independence of the courts: 1625-1642 + 16. Freedom of religion: 1642-1660 + 17. Habeas Corpus: 1660-1702 + 18. Service of Process instead of arrest: 1702-1776 + 19. Epilogue: 1776-2000 + +Appendix: Sovereigns of England + +Bibliography + + + + + + - - - Chapter 1 - - - + + + + - The Times: before 600 A.D. - + +The settlement of England goes back thousands of years. At first, +people hunted and gathered their food. They wore animal skins over +their bodies for warmth and around their feet for protection when +walking. These skins were sewn together with bone needles and +threads made from animal sinews. They carried small items by +hooking them onto their belts. They used bone and stone tools, +e.g. for preparing skins. Their uncombed hair was held by +thistlethorns, animal spines, or straight bone hair pins. They +wore conical hats of bound rush and lived in rush shelters. + +Early clans, headed by kings, lived in huts on top of hills or +other high places and fortified by circular or contour earth +ditches and banks behind which they could gather for protection. +They were probably dug with antler picks and wood spades. The +people lived in rectangular huts with four wood posts supporting a +roof. The walls were made of saplings, and a mixture of mud and +straw. Cooking was in a clay oven inside or over an open fire on +the outside. Water was carried in animal skins or leather pouches +from springs lower on the hill up to the settlement. Forests +abounded with wolves, bears, deer, wild boars, and wild cattle. +They could more easily be seen from the hill tops. Pathways +extended through this camp of huts and for many miles beyond. + +For wives, men married women of their clan or bought or captured +other women, perhaps with the help of a best man. They carried +their unwilling wives over the thresholds of their huts, which +were sometimes in places kept secret from her family. The first +month of marriage was called the honeymoon because the couple was +given mead, a drink with fermented honey and herbs, for the first +month of their marriage. A wife wore a gold wedding band on the +ring finger of her left hand to show that she was married. + +Women usually stayed at home caring for children, preparing meals, +and making baskets. They also made wool felt and spun and wove +wool into a coarse cloth. Flax was grown and woven into a coarse +linen cloth. Spinning the strands into one continuous thread was +done on a stick, which the woman could carry about and spin at +anytime when her hands were free. The weaving was done on an +upright or warp-weighted loom. People of means draped the cloth +around their bodies and fastened it with a metal brooch inlayed +with gold, gems, and shell, which were glued on with glue that was +obtained from melting animal hooves. People drank from hollowed- +out animal horns, which they could carry from belts. They could +tie things with rawhide strips or rope braids they made. Kings +drank from animal horns decorated with gold or from cups of amber, +shale, or pure gold. Men and women wore pendants and necklaces of +colorful stones, shells, amber beads, bones, and deer teeth. They +skinned and cut animals with hand-axes and knives made of flint +dug up from pits and formed by hitting flakes off. The speared +fish with barbed bone prongs or wrapped bait around a flint, bone, +or shell fish hook. On the coast, they made bone harpoons for +deep-sea fish. The flint axe was used to shape wood and bone and +was just strong enough to fell a tree, although the process was +very slow. + +The king, who was tall and strong, led his men in hunting groups +to kill deer and other wild animals in the forests and to fish in +the streams. Some men brought their hunting dogs on leashes to +follow scent trails to the animal. The men threw stones and spears +with flint points at the animals. They used wood clubs to beat +them, at the same time using wood shields to protect their bodies. +They watched the phases of the moon and learned to predict when it +would be full and give the most light for night hunting. This +began the concept of a month. Circles of stone like Stonehenge +were built with alignments to paths of the moon. + +If hunting groups from two clans tried to follow the same deer, +there might be a fight between the clans or a blood feud. After +the battle, the clan would bring back its dead and wounded. A +priest officiated over a funeral for a dead man. His wife would +often also go on the funeral pyre with him. + +The priest also officiated over sacrifices of humans, who were +usually offenders found guilty of transgressions. Sacrifices were +usually made in time of war or pestilence, and usually before the +winter made food scarce. + +The clan ate deer that had been cooked on a spit over a fire, and +fruits and vegetables which had been gathered by the women. They +drank water from springs. In the spring, food was plentiful. There +were eggs of different colors in nests and many hare to eat. The +goddess Easter was celebrated at this time. + +After this hunting and gathering era, there was farming and +domestication of animals such as horses, pigs, sheep, goats, +chicken, and cattle. Of these, the pig was the most important meat +supply, being killed and salted for winter use. Next in importance +were the cattle. Sheep were kept primarily for their wool. Flocks +and herds were taken to pastures. The male cattle, with wood +yokes, pulled ploughs in the fields of barley and wheat. The +female goat and cow provided milk, butter, and cheese. The +chickens provided eggs. The hoe, spade, and grinding stone were +used. Thread was spun with a hand-held spindle which one hand held +while the other hand alternately formed the thread from a mass and +then wound it around the spindle. A coarse cloth was woven and +worn as a tunic which had been cut from the cloth. Kings wore +tunics decorated with sheet gold. Decorated pottery was made from +clay and used to hold liquids and for food preparation and +consumption. During the period of "lent" [from the word "lencten", +which means spring], it was forbidden to eat any meat or fish. +This was the season in which many animals were born and grew to +maturity. Wood carts with four wheels were used to transport +produce and manure. Horses were used for transportation of people +or goods. Wood dug-out boats and paddles were used to fish on +rivers or on the seacoast. + +Clans had settlements near rivers. Each settlement had a meadow, +for the mowing of hay, and a simple mill, with round timber huts, +covered with branches or thatch or turf supported by a ring of +posts. Inside was a hearth with smoke going up through a hole in +the roof, and a cauldron for cooking food. There was an upright +loom in the darkness. The floor was swept clean. At the door were +spears or bags of slingstones ready for immediate use. The King +lived in the largest hut. Gullies outside carried off excess +water. Each hut had a garden for fruit and vegetables. A goat or +cow might be tied out of reach of the garden. There was a fence or +hedge surrounding and protecting the garden area and dwelling. +Buckets and cauldrons which had originated from the Mediterranean +were used. Querns with the top circular stone turned by hand over +the bottom stone were used for grinding grain. There were ovens to +dry and roast grain. Grain was first eaten as a porridge or +cereal. There were square wood graneries on stilts and wood racks +on which to dry hay. Grain was stored in concealed pits in the +earth which were lined with drystone or basketwork or clay and +made airtight by sealing with clay or dung. Old pits were +converted into waste dumps, burials, or latrines. Outside the +fence were an acre or two of fields of wheat and barley, and +sometimes oats and rye. Wheat and rye were sown in the fall, and +oats and barley in the spring. Sowing was by men or two oxen +drawing a simple scratch plow. The crops were all harvested in the +summer. In this two-field system, land was held by peasants in +units designed to support a single extended family. These fields +were usually enclosed with a hedge to keep animals from eating the +crop and to define the territory of the settlement from that of +its neighbors. Flax was grown and made into linen cloth. Beyond +the fields were pastures for cattle and sheep grazing. There was +often an area for beehives. This was subsistence level farming. + +Pottery was given symmetry when formed with use of a wheel and +heated in increasingly hot kilns. From kilns used for pottery, it +was noticed that lumps of gold or copper ore within would melt and +assume the shape of what they had been resting on. These were the +first metals, and could be beaten into various shapes, such as +ornaments. Then the liquid ore was poured into moulds carved out +of stones to make axes and daggers, which were reheated and +hammered to become strong. Copper-tipped drills, chisels, punches +and awls were also made. + +The bodies of deceased were buried far away from any village in +wood coffins, except for kings, who were placed in large stone +coffins after being wrapped in linen. Buried with them were a few +personal items, such as copper daggers, flat copper axes, and awls +[small pointed tool for piercing holes in leather, wood, or other +soft materials.]. The deceased was buried in a coffin with a stone +on top deep in the earth to keep the spirit of the dead from +coming out to haunt the living. + +It was learned that tin added to the copper made a stronger metal: +bronze. Stone hammers, and bronze and iron tools, were used to +make cooking pots, weapons, breast plates, and horse bits, which +were formed from moulds and/or forged by bronze smiths and +blacksmiths from iron extracted from iron ore heated in bowl- +shaped hearths. Typically one man operated the bellows to keep the +fire hot while another did the hammering. Bronze was made into +sickles for harvesting, razors for shaving, tweezers, straight +hair pins, safety pins for clothes, armlets, neck-rings, and +mirrors. Weapons included bows and arrows, flint and copper +daggers, bronze swords and spears, stone axes, and shields of wood +with bronze mountings. The bows and arrows probably evolved from +spear throwing rods. Kings in body armor fought with chariots +drawn by two horses. The horse harnesses had bronze fittings. The +chariots had wood wheels, later with iron rims. When bronze came +into use, there was a demand for its constituent parts: copper and +tin, which were traded by rafts on waterways and the sea. When +iron came into use, there were wrought iron axes, saws, adzes [ax +with curved blade used to dress wood], files, ploughshares, +harrows [set of spikes to break clods of earth on plowed land and +also to cover seed when sewn], scythes, billhooks [thick knife +with hooked point used to prune shrubs], and spits for hearths. +Lead was mined. There was some glassmaking of beads. Wrought iron +bars were used as currency. + +Hillforts now had wooden palisades on top of their banks to +protect the enclosed farmsteads and villages from stock wandering +off or being taken by rustlers, and from attacks by wild animals +or other people. Later a rampart was added from which sentries +could patrol. These were supported by timber and/or stone +structures. Timbers were probably transported by carts or dragged +by oxen. At the entrances were several openings only one of which +really allowed entry. The others went between banks into dead ends +and served as traps in which to kill the enemy from above. Gates +were of wood, some hung from hinges on posts which could be +locked. Later guard chambers were added, some with space for +hearths and beds. Sometimes further concentric circles of banks +and ditches, and perhaps a second rampart, were added around these +forts. They could reach to 14 acres. The ramparts are sufficiently +widely spaced to make sling-shotting out from them highly +effective, but to minimize the dangers from sling-shotting from +without. The additional banks and ditches could be used to create +cattle corridors or to protect against spear-thrown firebrands. +However, few forts had springs of water within them, indicating +that attacks on them were probably expected to be short. Attacks +usually began with warriors bristling with weapons and blowing war +trumpets shouting insults to the foe, while their kings dashed +about in chariots. Sometimes champions from each side fought in +single combat. The Celts took the heads of those they killed to +hang from their belts or place on wood spikes at the gates. +Prisoners, including women and children, might become slaves. +Kings sometimes lived in separate palisades where they kept their +horses and chariots. + +Circles of big stones like Stonehenge were rebuilt so that the +sun's position with respect to the stones would indicate the day +of longest sunlight and the day of shortest sunlight. Between +these days there was an optimum time to harvest the crops before +fall, when plants dried up and leaves fell from the trees. The +winter solstice, when the days began to get longer was cause for +celebration. In the next season, there was an optimum time to +plant seeds so they could spring up from the ground as new growth. +So farming gave rise to the concept of a year. Certain changes of +the year were celebrated, such as Easter, named for the Goddess of +the Dawn, which occurred in the east (after lent); May Day +celebrating the revival of life; Lammas around July, when the +wheat crop was ready for harvesting; and on October 31 the Celtic +eve of Samhain, when the spirits of the dead came back to visit +homes and demand food or else cast an evil spell on the refusing +homes; and at which masked and costumed inhabitants representing +the souls of the dead paraded to the outskirts of the settlements +to lead the ghosts away from their homes; and at which animals and +humans, who might be deemed to be possessed by spirits, were +sacrificed or killed perhaps as examples, in huge bonfires +[bonefires] as those assembled looked out for spirits and evil +beings. + +There was an agricultural revolution from the two-field to the +three-field system, in which there were three large fields for the +heavy and fertile land. Each field was divided into long and +narrow strips. Each strip represented a day's work with the +plough. One field had wheat, or perhaps rye, another had barley, +oats, beans, or peas, and the third was fallow. These were rotated +yearly. There was a newly invented plough that was heavy and made +of wood and later had an attached iron blade. The plough had a +mould-board which caught the soil stirred by the plough blade and +threw it into a ridge alongside the furrow dug by the plough +blade. This plough was too heavy for two oxen and was pulled by a +team of about eight to ten oxen. Each ox was owned by a different +man as was the plough, because no one peasant could afford the +complete set. Each freeman was allotted certain strips in each +field to bear crops. His strips were far from each other, which +insured some very fertile and some only fair soil, and some land +near his village dwelling and some far away. These strips he +cultivated, sowed with seed, and harvested for himself and his +family. After the harvest, they reverted to common ownership for +grazing by pigs, sheep, and geese. As soon as haymaking was over, +the meadows became common grazingland for horses, cows, and oxen. +Not just any inhabitant, but usually only those who owned a piece +of land in the parish were entitled to graze their animals on the +common land, and each owner had this right of pasture for a +definite number of animals. The faster horse replaced the ox as +the primary work animal. Other farm implements were: coulters, +which gave free passage to the plough by cutting weeds and turf, +picks, spades and shovels, reaping hooks and scythes, and sledge +hammers and anvils. Strips of land for agriculture were added from +waste land as the community grew. Waste lands were moors bristling +with brushwood, or gorse, heather and wanton weeds, reed-coated +marshes, quaking peat-bogs, or woods grown haphazard on sand or +rock. With iron axes, forests could be cleared to provide more +arable land. + +Some villages had a smith, a wheelwright, and a cooper. There were +villages which had one or two market days in each week. Cattle, +sheep, pigs, poultry, calves, and hare were sold there. London was +a town on the Thames River under the protection of the Celtic +river god Lud: Lud's town. It's huts were probably built over the +water, as was Celtic custom. It was a port for foreign trade. Near +the town was Ludhill. + +Flint workers mined with deer antler picks and ox shoulder blade +shovels for flint to grind into axes, spearheads, and arrowheads. +Mine shafts were up to thirty feet deep and necessitated the use +of chalk lamps fuelled by animal fat with wicks of moss. The flint +was hauled up in baskets. + +Common men and women were now buried in tombs within memorial +burial mounds of earth with stone entrances and interior chambers. +A man's weapons and shield were buried with him and a woman's +spindle and weaving baton, and perhaps beads or pottery with her. +At times, mounds of earth would simply be covered over piles of +corpses and ashes in urns. In these mass graves, some corpses had +spear holes or sword cuts, indicating death by violence. The Druid +priests, the learned class of the Celts, taught the Celts to +believe in reincarnation of the soul after death of one body into +another body. They also threw prized possessions into lakes and +rivers as sacrifices to water gods. They placed images of gods and +goddesses in shrines, which were sometimes large enough to be +temples. + +With the ability to grow food and the acquisition of land by +conquest by invading groups, the population grew. There were +different classes of men. The freemen were eorls [noble freemen] +or ceorls [ordinary free farmers]. Slaves were not free. Freemen +had long hair and beards. Slaves' hair was shorn from their heads +so that they were bald. Slaves were chained and often traded. +Prisoners taken in battle, especially native Britons taken by +invading groups, became slaves. A slave who was captured or +purchased was a "theow". An "esne" was a slave who worked for +hire. A "weallas" was a Welsh slave. Criminals became slaves of +the person wronged or of the king. Sometimes a father pressed by +need sold his children or his wife into bondage. Debtors, who +increased in number during famine, which occurred regularly, +became slaves by giving up the freeman's sword and spear, picking +up a slave's mattock [pick ax for the soils], and placing their +head within a lord's or lady's hands. They were called wite- +theows. The original meaning of the word lord was "loaf-giver". +Children with a slave parent were slaves. The slaves lived in huts +around the homes of big landholders, which were made of logs and +consisted on one large room or hall. An open hearth was in the +middle of the earthen floor of the hall, which was strewn with +rushes. There was a hole in the roof to let out the smoke. Here +the landholder and his men would eat meat, bread, salt, hot spiced +ale, and mead while listening to minstrels sing about the heroic +deeds of their ancestors. Richer men drank wine. There were +festivals which lasted several days, in which warriors feasted, +drank, gambled, boasted, and slept where they fell. Physical +strength and endurance in adversity were admired traits. + +Slaves often were used as grain grinders, ploughmen, sowers, +haywards, woodwards, shepherds, goatherds, swineherds, oxherds, +cowherds, dairymaids, and barnmen. Slaves had no legal rights. A +lord could kill his slave at will. A wrong done to a slave was +regarded as done to his owner. If a person killed another man's +slave, he had to compensate him with the slave's purchase price. +The slave owner had to answer for the offences of his slaves +against others, as for the mischief done by his cattle. Since a +slave had no property, he could not be fined for crimes, but was +whipped, mutilated, or killed. + +During famine, acorns, beans, peas, and even bark were ground down +to supplement flour when grain stocks grew low. People scoured the +hedgerows for herbs, roots, nettles, and wild grasses, which were +usually left for the pigs. Sometimes people were driven to +infanticide or group suicide by jumping together off a cliff or +into the water. + +Several large kingdoms came to replace the many small ones. The +people were worshipping pagan gods when St. Augustine came to +England in 596 A.D. to Christianize them. King AEthelbert of Kent +[much later a county] and his wife, who had been raised Christian +on the continent, met him when he arrived. The King gave him land +where there were ruins of an old city. Augustine used stones from +the ruins to build a church which was later called Canterbury. He +also built the first St. Paul's church in London. Aethelbert and +his men who fought with him and ate and lived in his household +[gesiths] became Christian. A succession of princesses went out +from Kent to marry other Saxon kings and convert them to +Christianity. + +Augustine knew how to write, but King AEthelbert did not. The King +announced his laws at meetings of his people and his eorls would +decide the punishments. There was a fine of 120s. for disregarding +a command of the King. He and Augustine decided to write down some +of these laws, which now included the King's new law concerning +the church. + +These laws concern personal injury, killing, theft, burglary, +marriage, adultery, and inheritance. The blood feud's private +revenge for killing had been replaced by payment of compensation +to the dead man's kindred. One paid a man's "wergeld" [worth] to +his kindred for causing his wrongful death. The wergeld [wer] of a +king was an unpayable amount of about 7000s., of an aetheling [a +king-worthy man of the extended royal family] was 1500s., of an +eorl, 300s., of a ceorl, 100s., of a laet [agricultural worker in +Kent, which class was between free and slave], 40-80s., and of a +slave nothing. At this time a shilling could buy a cow in Kent or +a sheep elsewhere. If a ceorl killed an eorl, he paid three times +as much as an eorl would have paid as murderer. The penalty for +slander was tearing out of the tongue. If an aetheling was guilty +of this offense, his tongue was worth five times that of a coerl, +so he had to pay proportionately more to ransom it. The crimes of +murder, treachery to one's own lord, arson, house breaking, and +open theft, were punishable by death and forfeiture of all +property. + + + + - The Law - + +"THESE ARE THE DOOMS [DECREES] WHICH KING AETHELBERHT ESTABLISHED +IN THE DAYS OF AUGUSTINE + + 1. [Theft of] the property of God and of the church [shall be + compensated], twelve fold; a bishop's property, eleven fold; a + priest's property, nine fold; a deacon's property, six fold; a + cleric's property, three fold; church frith [breach of the peace + of the church; right of sanctuary and protection given to those + within its precincts], two fold [that of ordinary breach of the + public peace]; m....frith [breach of the peace of a meeting + place], two fold. + + 2. If the King calls his leod [his people] to him, and any one + there do them evil, [let him compensate with] a two-fold bot + [damages for the injury], and 50 shillings to the King. + + 3. If the King drink at any one's home, and any one there do any + lyswe [evil deed], let him make two-fold bot. + + 4. If a freeman steal from the King, let him repay nine fold. + + 5. If a man slay another in the King's tun [enclosed dwelling + premises], let him make bot with 50 shillings. + + 6. If any one slay a freeman, 50 shillings to the King, as drihtin + beah [payment to a lord in compensaton for killing his freeman]. + + 7. If the King's ambiht smith [smith or carpenter] or laad rine + [man who walks before the King or guide or escort], slay a man, + let him pay a half leod geld. + + 8. [Offenses against anyone or anyplace under] the King's mund + byrd [protection or patronage], 50 shillings. + + 9. If a freeman steal from a freeman, let him make threefold bot; + and let the King have the wite [fine] and all the chattels + [necessary to pay the fine]. (Chattels was a variant of "cattle".) + +10. If a man lie with the King's maiden [female servant], let him + pay a bot of 50 shillings. + +11. If she be a grinding slave, let him pay a bot of 25 shillings. + The third [class of servant] 12 shillings. + +12. Let the King's fed esl [woman who serves him food or nurse] be + paid for with 20 shillings. + +13. If a man slay another in an eorl's tun [premises], let [him] + make bot with 12 shillings. + +14. If a man lie with an eorl's birele [female cupbearer], let him + make bot with 12 shillings. + +15. [Offenses against a person or place under] a ceorl's mund byrd + [protection], 6 shillings. + +16. If a man lie with a ceorl's birele [female cupbearer], let him + make bot with 6 shillings; with a slave of the second [class], 50 + scaetts; with one of the third, 30 scaetts. + +17. If any one be the first to invade a man's tun [premises], let + him make bot with 6 shillings; let him who follows, with 3 + shillings; after, each, a shilling. + +18. If a man furnish weapons to another where there is a quarrel, + though no injury results, let him make bot with 6 shillings. + +19. If a weg reaf [highway robbery] be done [with weapons + furnished by another], let him [the man who provided the weapons] + make bot with 6 shillings. + +20. If the man be slain, let him [the man who provided the + weapons] make bot with 20 shillings. + +21. If a [free] man slay another, let him make bot with a half + leod geld [wergeld for manslaughter] of 100 shillings. + +22. If a man slay another, at the open grave let him pay 20 + shillings, and pay the whole leod within 40 days. + +23. If the slayer departs from the land, let his kindred pay a + half leod. + +24. If any one bind a freeman, let him make bot with 20 shillings. + +25. If any one slay a ceorl's hlaf aeta [loaf or bread eater; + domestic or menial servant], let him make bot with 6 shillings. + +26. If [anyone] slay a laet of the highest class, let him pay 80 + shillings; of the second class, let him pay 60 shillings; of the + third class, let him pay 40 shillings. + +27. If a freeman commit edor breach [breaking through the fenced + enclosure and forcibly entering a ceorl's dwelling], let him make + bot with 6 shillings. + +28. If any one take property from a dwelling, let him pay a three- + fold bot. + +29. If a freeman goes with hostile intent through an edor [the + fence enclosing a dwelling], let him make bot with 4 shillings. + +30. If [in so doing] a man slay another, let him pay with his own + money, and with any sound property whatever. + +31. If a freeman lie with a freeman's wife, let him pay for it + with his wer geld, and obtain another wife with his own money, and + bring her to the other [man's dwelling]. + +32. If any one thrusts through the riht ham scyld [legal means of + protecting one's home], let him adequately compensate. + +33. If there be feax fang [seizing someone by the hair], let there + be 50 sceatts for bot. + +34. If there be an exposure of the bone, let bot be made with 3 + shillings. + +35. If there be an injury to the bone, let bot be made with 4 + shillings. + +36. If the outer hion [outer membrane covering the brain] be + broken, let bot be made with 10 shillings. + +37. If it be both [outer and inner membranes covering the brain], + let bot be made with 20 shillings. + +38. If a shoulder be lamed, let bot be made with 30 shillings. + +39. If an ear be struck off, let bot be made with 12 shillings. + +40. If the other ear hear not, let bot be made with 25 shillings. + +41. If an ear be pierced, let bot be made with 3 shillings. + +42. If an ear be mutilated, let bot be made with 6 shillings. + +43. If an eye be [struck] out, let bot be made with 50 shillings. + +44. If the mouth or an eye be injured, let bot be made with 12 + shillings. + +45. If the nose be pierced, let bot be made with 9 shillings. + +46. If it be one ala, let bot be made with 3 shillings. + +47. If both be pierced, let bot be made with 6 shillings. + +48. If the nose be otherwise mutilated, for each [cut, let] bot be + made with 6 shillings. + +49. If it be pierced, let bot be made with 6 shillings. + +50. Let him who breaks the jaw bone pay for it with 20 shillings. + +51. For each of the four front teeth, 6 shillings; for the tooth + which stands next to them 4 shillings; for that which stands next + to that, 3 shillings; and then afterwards, for each a shilling. + +52. If the speech be injured, 12 shillings. If the collar bone be + broken, let bot be made with 6 shillings. + +53. Let him who stabs [another] through an arm, make bot with 6 + shillings. If an arm be broken, let him make bot with 6 shillings. + +54. If a thumb be struck off, 20 shillings. If a thumb nail be + off, let bot be made with 3 shillings. If the shooting [fore] + finger be struck off, let bot be made with 8 shillings. If the + middle finger be struck off, let bot be made with 4 shillings. If + the gold [ring]finger be struck off, let bot be made with 6 + shillings. If the little finger be struck off, let bot be made + with 11 shillings. + +55. For every nail, a shilling. + +56. For the smallest disfigurement of the face, 3 shillings; and + for the greater, 6 shillings. + +57. If any one strike another with his fist on the nose, 3 + shillings. + +58. If there be a bruise [on the nose], a shilling; if he receive + a right hand bruise [from protecting his face with his arm], let + him [the striker] pay a shilling. + +59. If the bruise [on the arm] be black in a part not covered by + the clothes, let bot be made with 30 scaetts. + +60. If it be covered by the clothes, let bot for each be made with + 20 scaetts. + +61. If the belly be wounded, let bot be made with 12 shillings; if + it be pierced through, let bot be made with 20 shillings. + +62. If any one be gegemed [pregnant], let bot be made with 30 + shillings. + +63. If any one be cear wund [badly wounded], let bot be made with + 3 shillings. + +64. If any one destroy [another's] organ of generation [penis], + let him pay him with 3 leod gelds: if he pierce it through, let + him make bot with 6 shillings; if it be pierced within, let him + make bot with 6 shillings. + +65. If a thigh be broken, let bot be made with 12 shillings; if + the man become halt [lame], then friends must arbitrate. + +66. If a rib be broken, let bot be made with 3 shillings. + +67. If [the skin of] a thigh be pierced through, for each stab 6 + shillings; if [the wound be] above an inch [deep], a shilling; + for two inches, 2; above three, 3 shillings. + +68. If a sinew be wounded, let bot be made with 3 shillings. + +69. If a foot be cut off, let 50 shillings be paid. + +70. If a great toe be cut off, let 10 shillings be paid. + +71. For each of the other toes, let one half that for the + corresponding finger be paid. + +72. If the nail of a great toe be cut off, 30 scaetts for bot; for + each of the others, make bot with 10 scaetts. + +73. If a freewoman loc bore [with long hair] commit any leswe + [evil deed], let her make a bot of 30 shillings. + +74. Let maiden bot [compensation for injury to an unmarried woman] + be as that of a freeman. + +75. For [breach of] the mund [protection] of a widow of the best + class, of an eorl's degree, let the bot be 50 shillings; of the + second, 20 shillings; of the third, 12 shillings; of the fourth, 6 + shillings. + +76. If a man carry off a widow not under his own protection by + right, let the mund be twofold. + +77. If a man buy a maiden with cattle, let the bargain stand, if + it be without fraud; but if there be fraud, let him bring her home + again, and let his property be restored to him. + +78. If she bear a live child, she shall have half the property, if + the husband die first. + +79. If she wish to go away with her children, she shall have half + the property. + +80. If the husband wish to keep them [the children], [she shall + have the same portion] as one child. + +81. If she bear no child, her paternal kindred shall have the fioh + [her money and chattels] and the morgen gyfe [morning gift: a gift + made to the bride by her husband on the morning following the + consummation of the marriage]. + +82. If a man carry off a maiden by force, let him pay 50 shillings + to the owner, and afterwards buy [the object of] his will from the + owner. + +83. If she be betrothed to another man in money [at a bride + price], let him [who carried her off] make bot with 20 shillings. + +84. If she become gaengang [pregnant], 35 shillings; and 15 + shillings to the King. + +85. If a man lie with an esne's wife, her husband still living, + let him make twofold bot. + +86. If one esne slay another unoffending, let him pay for him at + his full worth. + +87. If an esne's eye and foot be struck out or off, let him be + paid for at his full worth. + +88. If any one bind another man's esne, let him make bot with 6 + shillings. + +89. Let [compensation for] weg reaf [highway robbery] of a theow + [slave] be 3 shillings. + +90. If a theow steal, let him make twofold bot [twice the value of + the stolen goods]." + + + + - Judicial Procedure - + +The King and his freemen would hear and decide cases of wrongful +behavior such as breach of the peace. Punishment would be given to +the offender by the community. + +There were occasional meetings of "hundreds", which were 100 +households, to settle wide-spread disputes. The chief officer was +"hundreder" or "constable". He was responsible for keeping the +peace of the hundred. + +The Druid priests decided all disputes of the Celts. + + + + + + - - - Chapter 2 - - - + + + + - The Times: 600-900 - + +The country was inhabited by Anglo-Saxons. The French called it +"Angleterre", which means the angle or end of the earth. It was +called "Angle land", which later became "England". + +A community was usually an extended family. Its members lived a +village in which a stone church was the most prominent building. +They lived in one-room huts with walls and roofs made of wood, +mud, and straw. Hangings covered the cracks in the walls to keep +the wind out. Smoke from a fire in the middle of the room filtered +out of cracks in the roof. Grain was ground at home by rotating by +hand one stone disk on another stone disk. Some villages had a +mill powered by the flow of water or by horses. All freeholders +had the duty of watch [at night] and ward [during the day], of +following the hue and cry to chase an offender, and of taking the +oath of peace. These three duties were constant until 1195. + +Farmland surrounded the villages and was farmed by the community +as a whole under the direction of a lord. There was silver, +copper, iron, tin, gold, and various types of stones from remote +lead mines and quarries in the nation. Silver pennies replaced the +smaller scaetts. Freemen paid "scot" and bore "lot" according to +their means for local purposes. + +Everyone in the village went to church on Sunday and brought gifts +such as grain to the priest. Later, contributions in the form of +money became customary, and then expected. They were called +"tithes" and were spent for church repair, the clergy, and poor +and needy laborers. Local custom determined the amount. There was +also church-scot: a payment to the clergy in lieu of the first +fruits of the land. The priest was the chaplain of a landlord and +his parish was coextensive with that landlord's holding and could +include one to several villages. The priest and other men who +helped him, lived in the church building. Some churches had lead +roofs and iron hinges, latches, and locks on their doors. The land +underneath had been given to the church by former kings and +persons who wanted the church to say prayers to help their souls +go from purgatory to heaven and who also selected the first +priest. The priest conducted Christianized Easter ceremonies in +the spring and (Christ's mass) ceremonies in winter in place of +the pagan Yuletide festivities. Burning incense took the place of +pagan burnt animal offerings, which were accompanied by incense to +disguise the odor of burning flesh. Holy water replaced haunted +wells and streams. Christian incantations replaced sorcerer's +spells. Nuns assisted priests in celebrating mass and +administering the sacraments. They alone consecrated new nuns. +Vestry meetings were community meetings held for church purposes. +The people said their prayers in English, and the priest conducted +the services in English. A person joined his hands in prayer as if +to offer them for binding together in submission. + +The church baptized babies and officiated or gave blessings at +marriage ceremonies. It also said prayers for the dying, gave them +funerals, and buried them. There were burial service fees, candle +dues, and plough alms. A piece of stone with the dead person's +name marked his grave. It was thought that putting the name on the +grave would assist identification of that person for being taken +to heaven. The church heard the last wish or will of the person +dying concerning who he wanted to have his property. The church +taught that it was not necessary to bury possessions with the +deceased. The church taught boys and girls. + +Every man carried a horn slung on his shoulder as he went about +his work so that he could at once send out a warning to his fellow +villagers or call them in chasing a thief or other offender. The +forests were full of outlaws, so strangers who did not blow a horn +to announce themselves were presumed to be fugitive offenders who +could be shot on sight. An eorl could call upon the ceorl farmers +for about forty days to fight off an invading group. + +There were several kingdoms, whose boundaries kept changing due to +warfare, which was a sin according to the church. They were each +governed by a king and witan of wise men who met at a witanegemot, +which was usually held three times a year, mostly on great church +festivals and at the end of the harvest. The king and witan chose +the witan's members of bishops, eorldormen, and thegns +[landholding farmers]. The king and hereditary claims played a +major part in the selection of the eorldormen, who were the +highest military leaders and often of the royal family. They were +also chief magistrates of large jurisdictional areas of land. The +witan included officers of the king's household and perhaps other +of his retinue. There was little distinction then between his +gesith, fighting men, guards, household companions, dependents, +and servants. The king was sometimes accompanied by his wife and +sons at the witanagemot. A king was selected by the witan +according to his worthiness, usually from among the royal family, +and could be deposed by it. The witan and king decided on laws, +taxes, and transfers of land. They made determinations of war and +peace and directed the army and the fleet. The king wore a crown +or royal helmet. He extended certain protections by the king's +peace. He could erect castles and bridges and could provide a +special protection to strangers. + +A king had not only a wergeld to be paid to his family if he were +killed, but a "cynebot" of equal amount that would be paid to his +kingdom's people. A king's household had a chamberlain for the +royal bedchamber, a marshall to oversee the horses and military +equipment, a steward as head of household, and a cupbearer. The +king had income from fines for breach of his peace; fines and +forfeitures from courts dealing with criminal and civil cases; +salvage from ship wrecks; treasure trove [assets hidden or buried +in times of war]; treasures of the earht such as gold and silver; +mines; saltworks; tolls and other dues of markets, ports, and the +routes by land and by river generally; heriot from heirs of his +special dependents for possession of land (usually in kind, +principally in horses and weapons). He also had rights of +purveyance [hospitality and maintenance when traveling]. The king +had private lands, which he could dispose of by his will. He also +had crown lands, which belonged to his office and could not be +alienated without consent of the witan. Crown lands often included +palaces and their appendant farms, and burhs. It was a queen's +duty to run the royal estate. Also, a queen could possess, manage, +and dispose of lands in her name. Violent queens waged wars. +Kingdoms were often allied by marriage between their royal +families. There were also royal marriages to royalty on the +continent. + +The houses of the wealthy had ornamented silk hangings on the +walls. Some had fine white ox horn shaved so thin they were +transparent for windows. Brightly colored drapery, often purple, +and fly nets surrounded their beds, which were covered with the +fur of animals. They slept in bed clothes on pillows stuffed with +straw. Tables plated with silver and gems held silver +candlesticks, gold and silver goblets and cups, and lamps of gold, +silver, or glass. They used silver mirrors and silver writing +pens. There were covered seats, benches, and footstools with the +head and feet of animals at their extremities. They ate from a +table covered with a cloth. Servants brought in food on spits, +from which they ate. Food was boiled, broiled, or baked. The +wealthy ate wheat bread and others ate barley bread. Ale made from +barley was passed around in a cup. Mead made from honey was also +drunk. + +Men wore long-sleeved wool and linen garments reaching almost to +the knee, around which they wore a belt tied in a knot. Men often +wore a gold ring on the fourth finger of the right hand. Leather +shoes were fastened with leather thongs around the ankle. Their +hair was parted in the middle and combed down each side in waving +ringlets. The beard was parted in the middle of the chin, so that +it ended in two points. The clergy did not wear beards. Great men +wore gold-embroidered clothes, gilt buckles and brooches, and +drank from drinking horns mounted in silver gilt or in gold. Well- +to-do women wore brightly colored robes with waist bands, +headbands, necklaces, gem bracelets, and rings. Their long hair +was in ringlets and they put rouge on their cheeks. They had +beads, pins, needles, tweezers of bronze, and workboxes of bronze, +some highly ornamented. They were often doing needlework. Silk was +affordable only by the wealthy. + +Most families kept a pig and pork was the primary meat. There were +also sheep, goats, cows, deer, hare, and fowl. Fowl was obtained +by fowlers who trapped them. The inland waters yielded eels, +salmon, and trout. In the fall, meat was salted to preserve it for +winter meals. There were orchards growing figs, nuts, grapes, +almonds, pears, and apples. Also produced were beans, lentils, +onions, eggs, cheese, and butter. Pepper and cinnamon were +imported. + +Fishing from the sea yielded herrings, sturgeon, porpoise, +oysters, crabs, and other fish. Sometimes a whale was driven into +an inlet by a group of boats. Whale skins were used to make ropes. + +The roads were not much more than trails. They were often so +narrow that two pack horses could hardly pass each other. The pack +horses each carried two bales or two baskets slung over their +backs, which balanced each other. The soft soil was compacted into +a deep ditch which rains, floods, and tides, if near the sea, soon +turned into a river. Traveling a far distance was unsafe as there +were robbers on the roads. Traveling strangers were distrusted. It +was usual to wash one's feet in a hot tub after traveling and to +dry them with a rough wool cloth. + +There were superstitions about the content of dreams, the events +of the moon, and the flights and voices of birds were often seen +as signs or omens of future events. Herbal mixtures were drunk for +sickness and maladies. From the witch hazel plant was made a mild +alcoholic astringent, which was probably used to clean cuts and +sooth abraisons. + +In the peaceful latter part of the 600s, Theodore, who had been a +monk in Rome, was appointed archbishop and visited all the island +speaking about the right rule of life and ordaining bishops to +oversee the priests. Each kingdom was split up into dioceses each +with one bishop. Thereafter, bishops were selected by the king and +his witan, usually after consulting the clergy and even the people +of the diocese. The bishops came to be the most permanent element +of society. They had their sees in villages or rural monasteries. +The bishops came to have the same wergeld as an eorldorman: +1200s., which was the price of about 500 oxen. A priest had the +wergeld as a landholding farmer [thegn], or 300s. The bishops +spoke Latin, but the priests of the local parishes spoke English. +Theodore was the first archbishop whom all the English church +obeyed. He taught sacred and secular literature, the books of holy +writ, ecclesiastical poetry, astronomy, arithmetic, and sacred +music. Theodore discouraged slavery by denying Christian burial to +the kidnapper and forbidding the sale of children over the age of +seven. A slave became entitled to two loaves a day and to his +holydays. A slave was allowed to buy his or his children's +freedom. In 673, Theodore started annual national ecclesiastical +assemblies, for instance for the witnessing of important actions. +The bishops, some abbots, the king, and the eorldormen were +usually present. From them the people learned the benefit of +common national action. There were two archbishops: one of +Canterbury in the south and one of York in the north. They +governed the bishops and could meet with them to issue canons that +would be equally valid all over the land. A bishop's house +contained some clerks, priests, monks, and nun and was a retreat +for the weary missionary and a school for the young. The bishop +had a deacon who acted as a secretary and companion in travel, and +sometimes as an interpreter. Ink was made from the outer husks of +walnuts steeped in vinegar. + +The learned ecclesiastical life flourished in monastic +communities, in which both monks and nuns lived. Hilda, a noble's +daughter, became the first nun in Northumbria and abbess of one of +its monasteries. There she taught justice, piety, chastity, peace, +and charity. Several monks taught there later became bishops. +Kings and princes often asked her advice. Many abbesses came to +run monastic communities; they were from royal families. Women, +especially from royal families, fled to monasteries to obtain +shelter from unwanted marriage or to avoid their husbands. Kings +and eorldormen retired to them. + +Danish Vikings made several invasions in the 800s for which a +danegeld tax on land was assessed on everyone every ten to twenty +years. The amount was determined by the witan and was typically +2s. per hide of land. (A hide was probably the amount of land +which could support a family or household for a year or as much +land as could be tilled annually by a single plow.) It was stored +in a strong box under the King's bed. King Alfred the Great, who +had lived for awhile in Rome, unified the country to defeat the +invaders. He established fortifications called "burhs", usually on +hill tops or other strategic locations on the borders to control +the main road and river routes into his realm. The burhs were +seminal towns. They were typically walled enclosures with towers +and an outer ditch and mound, instead of the hedge or fence +enclosure of a tun. Inside were several wooden thatched huts and a +couple of churches, which were lit by earthen oil lamps. The +populace met at burh-gemots. The land area protected by each burh +became known as a "shire", which means a share of a larger whole. +The shire or local landowners were responsible for repairing the +burh fortifications. There were about thirty shires. + +Alfred gathered together fighting men who were at his disposal, +which included eorldormen with their hearthbands (retinues of men +each of whom had chosen to swear to fight to the death for their +eorldorman, and some of whom were of high rank), the King's +thegns, shire thegns (local landholding farmers, who were required +to bring fighting equipment such as swords, helmets, chainmail, +and horses), and ordinary freemen, i.e. ceorls (who carried food, +dug fortifications, and sometimes fought). Since the King was +compelled to call out the whole population to arms, the +distinction between the king's thegns from other landholders +disappeared. Some great lords organized men under them, whom they +provisioned. These vassals took a personal oath to their lord "on +condition that he keep me as I am willing to deserve, and fulfill +all that was agreed on when I became his man, and chose his will +as mine." Alfred had a small navy of longships with 60 oars to +fight the Viking longships. + +Alfred divided his army into two parts so that one half of the men +were fighting while the other half was at home sowing and +harvesting for those fighting. Thus, any small-scale independent +farming was supplanted by the open-field system, cultivation of +common land, more large private estates headed by a lord, and a +more stratified society in which the king and important families +more powerful and the peasants more curtailed. The witan became +mere witnesses. Many free coerls of the older days became bonded. +The village community tended to become a large private estate +headed by a lord. But the lord does not have the power to encroach +upon the rights of common that exist within the community. + +In 886, a treaty between Alfred and the Vikings divided the +country along the war front and made the wergeld of every free +farmer, whether English or Viking, 200s. Men of higher rank were +given a wergeld of 4 1/2 marks of pure gold. A mark was probably a +Viking denomination and a mark of gold was equal to nine marks of +silver in later times and probably in this time. The word "earl" +replaced the word "eorldormen" and the word "thegn" replaced the +word "aetheling" after the Danish settlement. The ironed pleats of +Viking clothing indicated a high status of the wearer. The Vikings +brought combs and the practice of regular hair-combing to England. + +King Alfred gave land with jurisdictional powers within its +boundaries such as the following: "This is the bequest which King +Alfred make unequivocally to Shaftesbury, to the praise of God and +St. Mary and all the saints of God, for the benefit of my soul, +namely a hundred hides as they stand with their produce and their +men, and my daughter AEthelgifu to the convent along with the +inheritance, since she took the veil on account of bad health; and +the jurisdiction to the convent, which I myself possessed, namely +obstruction and attacks on a man's house and breach of protection. +And the estates which I have granted to the foundation are 40 +hides at Donhead and Compton, 20 hides at Handley and Gussage 10 +hides at Tarrant, 15 hides at Iwerve and 15 hides at Fontmell. + +The witnesses of this are Edward my son and Archbishop AEthelred +and Bishop Ealhferth and Bishop AEthelhead and Earl Wulfhere and +Earl Eadwulf and Earl Cuthred and Abbot Tunberht and Milred my +thegn and AEthelwulf and Osric and Brihtulf and Cyma. If anyone +alters this, he shall have the curse of God and St. Mary and all +the saints of God forever to all eternity. Amen." + +Sons usually succeeded their fathers on the same land as shown by +this lifetime lease: "Bishop Denewulf and the community at +Winchester lease to Alfred for his lifetime 40 hides of land at +Alresford, in accordance with the lease which Bishop Tunbriht had +granted to his parents and which had run out, on condition that he +renders every year at the autumnal equinox three pounds as rent, +and church dues, and the work connected with church dues; and when +the need arises, his men shall be ready both for harvesting and +hunting; and after his death the property shall pass undisputed to +St. Peter's. + +These are the signatures of the councilors and of the members of +the community who gave their consent, namely ..." + +Alfred invented a graduated candle with spaces indicating one hour +of burning, which could be used as a clock. He used a ventilated +cow's horn to put around the top of the candle to prevent its +blowing out, and then devised a wooden lantern with a horn window. +He described the world as like a yolk in the middle of an egg +whose shell moves around it. This agreed with the position of +Ptolemy Claudius of Alexandria, who showed the curvature of the +earth from north to south by observing that the Polar Star was +higher in the north and lower in the south. That it was curved +from east to west followed from the observation that two clocks +placed one west and one east would record a different time for the +same eclipse of the moon. + +Alfred wrote poems on the worthiness of wisdom and knowledge in +preference to material pleasures, pride, and fame, in dealing with +life's sorrow and strife. His observations on human nature and his +proverbs include: + +1. As one sows, so will he mow. +2. Every man's doom [judgment] returns to his door. +3. He who will not learn while young, will repent of it when old. +4. Weal [prosperity] without wisdom is worthless. +5. Though a man had 70 acres sown with red gold, and the gold grew + like grass, yet he is not a whit the worthier unless he gain + friends for himself. +6. Gold is but a stone unless a wise man has it. +7. It's hard to row against the sea flood; so it is against + misfortune. +8. He who toils in his youth to win wealth, so that he may enjoy + ease in his old age, has well bestowed his toil. +9. Many a man loses his soul through silver. +10. Wealth may pass away, but wisdom will remain, and no man may + perish who has it for his comrade. +11. Don't choose a wife for her beauty nor for wealth, but study + her disposition. +12. Many an apple is bright without and bitter within. +13. Don't believe the man of many words. +14. With a few words a wise man can compass much. +15. Make friends at market, and at church, with poor and with + rich. +16. Though one man wielded all the world, and all the joy that + dwells therein, he could not therewith keep his life. +17. Don't chide with a fool. +18. A fool's bolt is soon shot. +19. If you have a child, teach it men's manners while it is + little. If you let him have his own will, he will cause you much + sorrow when he comes of age. +20. He who spares the rod and lets a young child rule, shall rue + it when the child grows old. +21. Either drinking or not drinking is, with wisdom, good. +22. Be not so mad as to tell your friend all your thoughts. +23. Relatives often quarrel together. +24. The barkless dog bites ill. +25. Be wise of word and wary of speech, then all shall love you. +26. We may outride, but not outwit, the old man. +27. If you and your friend fall out, then your enemy will know + what your friend knew before. +28. Don't choose a deceitful man as a friend, for he will do you + harm. +29. The false one will betray you when you least expect it. +30. Don't choose a scornful false friend, for he will steal your + goods and deny the theft. +31. Take to yourself a steadfast man who is wise in word and deed; + he will prove a true friend in need. + +To restore education and religion, Alfred disseminated the Anglo- +Saxon Chronicles; the Venerable Bede's Ecclesiastical History of +the English Nation; the "Consolidation of Philosophy" by Roman +philosopher Boethius, which related the use of adversity to +develop the soul, and described the goodness of God and how the +highest happiness comes from spiritual values and the soul, which +are eternal, rather than from material or earthly pursuits, which +are temporal; and Pope Gregory's Pastoral Care, which he had +translated into English and was the fundamental book on the duty +of a bishop, which included a duty to teach laymen; and Orosius' +History of the World, which he had translated into English. +Alfred's advice to pastors was to live as they had been taught +from books and to teach this manner of life to others. To be +avoided was pride, the mind's deception of seeking glory in the +name of doing good works, and the corruption of high office. Bede +was England's first scholar, first theologian, and first +historian. He wrote poetry, theological books, homilies, and +textbooks on grammar, rhetoric [public speaking and debating], +arithmetic, and astronomy. He adhered to the doctrine that death +entered the world by the sin of Adam, the first man. He began the +practice of dating years from the birth of Christ and believed +that the earth was round. Over the earth was a fiery spherical +firmament. Above this were the waters of the heavens. Above this +were the upper heavens, which contained the angels and was +tempered with ice. He declared that comets portend downfalls of +kingdoms, pestilence, war, winds, or heat. This reflected the +church's view that a comet was a ball of fire flung from the right +hand of an angry God as a warning to mankind, usually for +disbelief. Storms were begun by the devil. + +A famous poem, the oral legend of Beowulf, a hero who led his men +into adventures and performed great feats and fought monsters and +dragons, was put into writing with a Christian theme. In it, +loyalty to one's lord is a paramount virtue. Also available in +writing was the story of King Arthur's twelve victorious battles +against the pagan Saxons, authored by Nennius. + +There were professional story tellers attached to great men. +Others wandered from court to court, receiving gifts for their +story telling. Men usually told oral legends of their own feats +and those of their ancestors after supper. + +Alfred had monasteries rebuilt with learned and moral men heading +them. He built a nunnery which was headed by his daughter as +prioress. He built a strong wall with four gates around London, +which he had taken into his control. He appointed his son-in-law, +who was one of his eorldormen, to be alderman [older man] to +govern London and to be the shire's earl. A later king built a +palace in London, although Winchester was still the royal capital +town. When the king traveled, he and his retinue were fed by the +local people at their expense. + +After Alfred's death, his daughter Aethelflared ruled the country +for seven years. She had more fortified burhs built and led +soldiers to victories. + +Under the royalty were the nobles. An earl headed each shire as +representative of the King. The term "earl" came to denote an +office instead of a nobleman. He led the array of his shire to do +battle if the shire was attacked. He executed all royal commands. +An earl received grants of land and could claim hospitality and +maintenance for himself, his officers, and his servants. He +presided over the shire court. He received one-third of the fines +from the profits of justice and collected as well a third of the +revenues derived from tolls and duties levied in the boroughs of +his shire. The office tended to be hereditary. Royal +representatives called "reeves" started to assist them. The reeve +took security from every person for the maintenance of the public +peace. He also tracked cattle thieves, brought suspects to court, +gave judgments according to the doom books, and delivered +offenders to punishment. + +Under the earls were the thegns. By service to the King, it was +possible for a coerl to rise to become a thegn and to be given +land by the King. Other thegns performed functions of magistrates. +A thegn was later identified as a person with five hides of land, +a kitchen, a church, a bell house, a judicial place at the burh- +gemot [a right of magistracy], and an appointment in the King's +hall. He was bound to to service in war by virtue of his +landholding instead of by his relationship to the king. Nobility +was now a territorial attribute, rather than one of birth. The +wergeld of a thegn was 1200s. when that of a ceorl or ordinary +freeman was 200s. The wergeld of an earl or bishop was four times +that of a thegn: 5800s. The wergeld of a king or archbishop was +six times that of a thegn: 7200s. The higher a man's wergeld, the +higher was his legal status in the scale of punishment, giving +credible evidence, and participation in legal proceedings. The +sokemen were freemen who had inherited their own land, chose their +own lord, and attended and were subject to their lord's court. +That is, their lord has soke [soc] jurisdiction over them. A ceorl +typically had a single hide of land. A smallholder rented land of +about 30 acres from a landlord, which he paid by doing work on the +lord's demesne [household or messuage] land, paying money rent, or +paying a food rent such as in eggs or chickens. Smallholders made +up about two fifths of the population. A cottager had one to five +acres of land and depended on others for his living. Among these +were shepherds, ploughmen, swineherds, and blacksmiths. They also +participated in the agricultural work, especially at harvest time. + +It was possible for a thegn to become an earl, probably by the +possession of forty hides. He might even acquire enough land to +qualify him for the witan. Women could be present at the +witenagemot and shire-gemot [meeting of the people of the shire]. +They could sue and be sued in the courts. They could independently +inherit, possess, and dispose of property. A wife's inheritance +was her own and under no control of her husband. + +Marriage required the consent of the lady and her friends. The man +also had to arrange for the foster lean, that is, remuneration for +rearing and support of expected children. He also declared the +amount of money or land he would give the lady for her consent, +that is, the morgengift, and what he would bequeath her in case of +his death. It was given to her on the morning after the wedding +night. The family of the bride was paid a "mund" for transferring +the rightful protection they possessed over her to the family of +the husband. If the husband died and his kindred did not accept +the terms sanctioned by law, her kindred could repurchase the +rightful protection. If she remarried within a year of his death, +she had to forfeit the morgengift and his nearest kin received the +lands and possessions she had. The word for man was "waepnedmenn" +or weaponed person. A woman was "wifmenn" or wife person, with +"wif" being derived from the word for weaving. + +Great men and monasteries had millers, smiths, carpenters, +architects, agriculturists, fishermen, weavers, embroiders, dyers, +and illuminators. + +For entertainment, minstrels sang ballads about heroes or Bible +stories, harpers played, jesters joked, and tumblers threw and +caught balls and knives. There was gambling, dice games, and +chasing deer with hounds. + +Fraternal guilds were established for mutual advantage and +protection. A guild imposed fines for any injury of one member by +another member. It assisted in paying any murder fine imposed on a +member. It avenged the murder of a member and abided by the +consequences. It buried its members and purchased masses for his +soul. + +Mercantile guilds in seaports carried out commercial speculations +not possible by the capital of only one person. + +There were some ale houses, probably part of certain dwellings. + + + + - The Law - + +Alfred issued a set of laws to cover the whole country, which were +drawn from the best laws of each region. There was no real +distinction between the concepts of law, morals, and religion. + +The importance of telling the truth and keeping one's word are +expressed by this law: "1. At the first we teach that it is most +needful that every man warily keep his oath and his wed. If any +one be constrained to either of these wrongfully, either to +treason against his lord, or to any unlawful aid; then it is +juster to belie than to fulfil. But if he pledge himself to that +which is lawful to fulfil, and in that belie himself, let him +submissively deliver up his weapon and his goods to the keeping of +his friends, and be in prison forty days in a King's tun: let him +there suffer whatever the bishop may prescribe to him…" Let his +kinsmen feed him, if he has no food. If he escapes, let him be +held a fugitive and be excommunicate of the church. + +The word of a bishop and of the king were incontrovertible without +an oath. + +The Ten Commandments were written down as this law: + +"The Lord spake these words to Moses, and thus said: I am the Lord +thy God. I led thee out of the land of the Egyptians, and of their +bondage. + +1. Love thou not other strange gods above me. + +2. Utter thou not my name idly, for thou shalt not be guiltless + towards me if thou utter my name idly. + +3. Remember that thou hallow the rest day. Work for yourselves six + days, and on the seventh rest. For in six days, Christ wrought the + heavens and the earth, the seas, and all creatures that are in + them, and rested on the seventh day: and therefore the Lord + hallowed it. + +4. Honor thy father and thy mother whom the Lord hath given thee, + that thou mayst be the longer living on earth. + +5. Slay thou not. + +6. Commit thou not adultery. + +7. Steal thou not. + +8. Say thou not false witness. + +9. Covet thou not thy neighbor's goods unjustly. + +10. Make thou not to thyself golden or silver gods." + +If any one fights in the king's hall, or draws his weapon, and +he be taken; be it in the king's doom, either death, or life, as +he may be willing to grant him. If he escape, and be taken +again, let him pay for himself according to his wergeld, and +make bot for the offence, as well wer as wite, according as he +may have wrought. + +If a man fights before a king's ealdorman in the gemot, let him +make bot with wer and wite as it may be right; and before this +120s. to the ealdorman as wite. If he disturbs the folkmote by +drawing his weapon, 120s. to the ealdorman as wite. If any of +this happens before a king's ealdorman's junior, or a king's +priest, 30s. as wite. + +If any one fights in a ceorlish man's dwelling, let him make bot +of 6s.to the ceorl. If he draws his weapon but doesn't fight, +let it be half of that. If, however, either of these happens to +a man with a wergeld of 600s., let it increase threefold of the +ceorlish bot; and if to a man with a wergeld of 1200s., let it +increase twofold of the bot of the man with a wergeld of 600s. +Breach of the king's dwelling [breaking and entering] shall be +120s.; an archbishop's, 90s.; any other bishop's, and an +ealdorman's, 60s.;. a 1200s. wergeld man's, 30s.; a 600s. +wergeld man's, 15s.; and a ceorl's 5s. + +If any one plot against the king's life, of himself, or by +harbouring of exiles, or of his men; let him be liable with his +life and in all that he has; or let him prove himself according +to his lord's wer. + +If any one with a band or gang of men slays an unoffending man, +let him who acknowledges the death-blow pay wer and wite. If the +slain man had a wergeld of 200s, let every one who was of the +gang pay 30s. as gang-bot. If he had a wergeld of 600s., let +every one pay 60s. as gang-bot. If he had a wergeld of 1200s., +let every one pay 120s. If a gang does this, and afterwards +denies it on oath, let them all be accused, and let them then +all pay the wer in common; and all, one wite, such as shall +belong to the wer. + +If any one lends his weapon to another so he may kill some one +with it, they may join together if they will in the wer. If they +will not join together, let him who lent the weapon pay of the +wer a third part, and of the wite a third part. + +With his lord a man may fight free of liability for homicide, if +any one attack the lord: thus may the lord fight for his man. +Likewise, a man may fight with his born kinsman, if a man attack +him wrongfully, except against his lord. And a man may fight +free of liability for homicide, if he finds another with his +lawful wife, within closed doors, or under one covering, or with +his lawfully-born daughter, or with his lawfully-born sister, or +with his mother, who was given to his father as his lawful wife. +If a man knows his foe is sitting at his home, he may not fight +with him before he demands justice of him. If he has such power +that he can beset his foe, and besiege him within, let him keep +him within for seven days, and not attack him if he will remains +within. And, then, after seven days, if he surrenders, and gives +up his weapons, let him be kept safe for thirty days, and let +notice of him be given to his kinsmen and his friends. But if he +does not have sufficient power to besiege him within, let him +ride to the ealdorman, and beg aid of him. If he will not aid +him, let him ride to the king before he fights. In like manner +also, if a man come upon his foe, and he did not know +beforehand that he was staying at his home; if he is willing to +give up his weapons, let him be kept for thirty days, and let +notice of him be given to his friends; if he will not give up +his weapons, then he may attack him. If he is willing to +surrender, and to give up his weapons, and any one after that +attack him, let him pay as well wer as wound, as he may do, and +wite, and let him have forfeited his compensation to his kin. +Every church shall have this peace: if a fugitive flee to one +for sanctuary, no one may drag him out for seven days. If he is +willing to give up his weapons to his foes, let him stay thirty +days, and then let notice of him be given to his kinsmen. If any +man confess in church any offences which had not been before +revealed, let him be half forgiven. + +If a man from one holdgetael wishs to seek a lord in another +holdgetael, let him do it with the knowledge of the ealdorman +whom he before followed in his shire. If he does it without his +knowledge, let him who treats him as his man pay 120s. as wite, +one-half to the king in the shire where he before followed and +one-half in that into which he comes. If he has done anything +wrong where he was before, let him make bot for it who has there +received him as his man; and to the king 120s. as wite. + +"If any one steals so that his wife and children don't know it, +he shall pay 60 shillings as wite. But if he steals with the +knowledge of all his household, they shall all go into slavery. +A boy of ten years may be privy to a theft." + +"If one who takes a thief, or holds him for the person who took +him, lets the thief go, or conceals the theft, he shall pay for +the thief according to his wer. If he is an eorldormen, he shall +forfeit his shire, unless the king is willing to be merciful to +him." + +If any one steal in a church, let him pay the lawful penalty and +the wite, and let the hand be struck off with which he did it. +If he will redeem the hand, and that be allowed him, let him pay +as may belong to his wer. + +If a man slanders another, the penalty is no lighter thing than +that his tongue be cut out; which must not be redeemed at any +cheaper rate than it is estimated at according to his wer. + +If one deceives an unbetrothed woman and sleep with her, he must +pay for her and have her afterwards to wife. But if her father not +approve, he should pay money according to her dowry. + +"If a man seize hold of the breast of a ceorlish woman, let him +make bot to her with 5 shillings. If he throw her down and do not +lie with her, let him make bot with 10 shillings. If he lie with +her, let him make bot with 60 shillings. If another man had before +lain with her, then let the bot be half that. ... If this befall a +woman more nobly born, let the bot increase according to the wer." + +"If any one, with libidinous intent, seize a nun either by her +raiment or by her breast without her leave, let the bot be +twofold, as we have before ordained concerning a laywoman." + +"If a man commit a rape upon a ceorl's female slave, he must pay +bot to the ceorl of 5 shillings and a wite [fine to the King] of +60 shillings. If a male theow rape a female theow, let him make +bot with his testicles." + +For the first dog bite, the owner pays 6 shillings, for the +second, 12 shillings, for the third, 30 shillings. + +An ox which gores someone to death shall be stoned. + +If one steals or slays another's ox, he must give two oxen for it. + +The man who has land left to him by his kindred must not give it +away from his kindred, if there is a writing or witness that +such was forbidden by those men who at first acquired it, and by +those who gave it to him; and then let that be declared in the +presence of the king and of the bishop, before his kinsmen. + + + + - Judicial Procedure - + +Cases were held at monthly meetings of the hundred court. The king +or one of his reeves, conducted the trial by compurgation. + +In compurgation, the one complaining, called the "plaintiff", and +the one defending, called the "defendant", each told their story +and put his hand on the Bible and swore "By God this oath is clean +and true". A slip or a stammer would mean he lost the case. +Otherwise, community members would stand up to swear on behalf of +the plaintiff or the defendant as to their reputation for +veracity. The value of a man's oath was commensurate with his +value or wergeld. A man's brothers were usually his compurgators. +If these "compurgators" were too few, usually twelve in number, or +recited poorly, their party lost. If this process was +inconclusive, the parties could bring witnesses to declare such +knowledge as they had as neighbors. These witnesses, male and +female, swore to particular points determined by the court. + +If the witnesses failed, the defendant was told to go to church +and to take the sacrament only if he or she were innocent. If he +or she took the sacrament, he or she was tried by the process of +"ordeal", which was administered by the church. In the ordeal by +cold water, he was given a drink of holy water and then bound hand +and foot and thrown into water. If he floated, he was guilty. If +he sank, he was innocent. It was not necessary to drown to be +deemed innocent. In the ordeal by hot water, he had to pick up a +stone from inside a boiling cauldron. If his hand was healing in +three days, he was innocent. If it was festering, he was guilty. A +similar ordeal was that of hot iron, in which one had to carry in +his hands a hot iron for a certain distance. The results of the +ordeal were taken to indicate the will of God. Presumably a person +convicted of murder, i.e. killing by stealth, or robbery [taking +from a person's robe, that is, his person or breaking into his +home to steal] would be hung and his possessions confiscated. A +bishop's oath was incontrovertible. Accused archbishops and +bishops could clear themselves with an oath that they were +guiltless. Lesser ranks could clear themselves with the oaths of +three compurgators of their rank or, for more serious offenses, +undergo the ordeal of the consecrated morsel. For this, one would +swallow a morsel; if he choked on it, he was guilty. + +Any inanimate or animate object or personal chattel which was +found by a court to be the immediate cause of death was forfeited +as "deodand", for instance, a tree from which a man fell to his +death, a beast which killed a man, a sword of a third party not +the slayer that was used to kill a man. The deodand was to go to +the dead man's kin so they could wreak their vengeance on it, +which in turn would cause the dead man to lie in peace. + +This is a lawsuit regarding rights to feed pigs in a certain +woodland: + +"In the year 825 which had passed since the birth of Christ, and +in the course of the second Indiction, and during the reign of +Beornwulf, King of Mercia, a council meeting was held in the +famous place called Clofesho, and there the said King Beornwulf +and his bishops and his earls and all the councilors of this +nation were assembled. Then there was a very noteworthy suit about +wood pasture at Sinton, towards the west in Scirhylte. The reeves +in charge of the pigherds wished to extend the pasture farther, +and take in more of the wood than the ancient rights permitted. +Then the bishop and the advisors of the community said that they +would not admit liability for more than had been appointed in +AEthelbald's day, namely mast for 300 swine, and that the bishop +and the community should have two thirds of the wood and of the +mast. The Archbishop Wulfred and all the councilors determined +that the bishop and the community might declare on oath that it +was so appointed in AEthelbald's time and that they were not +trying to obtain more, and the bishop immediately gave security to +Earl Eadwulf to furnish the oath before all the councilors, and it +was produced in 30 days at the bishop's see at Worcester. At that +time Hama was the reeve in charge of the pigherds at Sinton, and +he rode until he reached Worcester, and watched and observed the +oath, as Earl Eadwulf bade him, but did not challenge it. +Here are the names and designations of those who were assembled at +the council meeting ..." + + + + + + - - - Chapter 3 - - - + + + + - The Times: 900-1066 - + +There were many large landholders such as the King, earls, and +bishops. Earls were noblemen by birth, and often relatives of the +King. They were his army commanders and the highest civil +officials, each responsible for a shire. A breach of the public +peace of an earl would occasion a fine. Lower in social status +were freemen: sokemen, and then, in decreasing order, villani +[villeins], bordarii, and cottarii. The servi were the slaves. +Probably all who were not slaves were freemen. + +Kings typically granted land in exchange for services of military +duties, maintaining fortresses, and repairing bridges. Less common +services required by landlords include equipping a guard ship and +guarding the coast, guarding the lord, military watch, maintaining +the deer fence at the King's residence, alms giving, and church +dues. Since this land was granted in return for service, there +were limitations on its heritability and often an heir had to pay +a heriot to the landlord to obtain the land. A heriot was +originally the armor of a man killed, which went to the King. The +heriot of a thegn who had soken came to be about 80s.; of a kings' +thegn about four lances, two coats of mail, two swords, and 125s.; +of an earl about eight horses, four saddled and four unsaddled, +eight lances, four coats of mail, four swords, and 500s. + +There were several thousand thegns, rich and poor, who held land +directly of the King. Some thegns had soken or jurisdiction over +their own lands and others did not. Free farmers who had sought +protection from thegns in time of war now took them as their +lords. A freeman could chose his lord, following him in war and +working his land in peace. All able-bodied freemen were liable to +military service in the fyrd [national militia], but not in a +lord's private wars. In return, the lord would protect him against +encroaching neighbors, back him in the courts of law, and feed him +in times of famine. But often, lords raided each other's farmers, +who fled into the hills or woods for safety. Often a lord's +fighting men stayed with him at his large house, but later were +given land with inhabitants on it, who became his tenants. The +lords were the ruling class and the greatest of them sat in the +King's council along with bishops, abbots, and officers of the +King's household. The lesser lords were local magnates, who +officiated at the shire and hundred courts. + +Stag-hunting, fox-hunting, and hawking were reserved for lords who +did not work with their hands. Every free born person had the +right to hunt other game. + +There was a great expansion of arable land. Some land had been +specifically allocated to certain individuals. Some was common +land, held by communities. If a family came to pay the dues and +fines on certain common land, it could become personal to that +family and was then known as heir-land. Most land came to be +privately held from community-witnessed allotments or inheritance. +Book-land was those holdings written down in books. This land was +usually land that had been given to the church or monasteries +because church clerics could write. So many thegns gave land to +the church, usually a hide, that the church held 1/3 of the land +of the realm. Folk-land was that land that was left over after +allotments had been made to the freemen and which was not common +land. It was public land and a national asset and could be +converted to heir-land or book-land only by action of the king and +witan. It could also be rented by services to the state via +charter. A holder of folk-land might express a wish, e.g. by +testamentary action, for a certain disposition of it, such as an +estate for life or lives for a certain individual. But a distinct +act by the king and witan was necessary for this wish to take +effect. Small private transactions of land could be done by +"livery of seisin" in the presence of neighbors. All estates in +land could be let, lent, or leased by its holders, and was then +known as "loenland". + +Ploughs and wagons could be drawn by four or more oxen or horses +in sets of two behind each other. Oxenshoes and horseshoes +prevented lameness due to cracked hooves. Horse collars especially +fitted for horses, replaced oxen yoke that had been used on +horses. + +A free holder's house was wood, perhaps with a stone foundation, +and roofed with thatch or tiles. There was a main room or hall, +with bed chambers around it. Beyond was the kitchen, perhaps +outside under a lean-to. These buildings were surrounded by a bank +or stiff hedge. + +Simple people lived in huts made from wood and mud, with one door +and no windows. They slept around a wood-burning fire in the +middle of the earthen floor. They wore shapeless clothes of goat +hair and unprocessed wool from their sheep. They ate rough brown +bread, vegetable and grain broth, ale from barley, bacon, beans, +milk, cabbage, onion, apples, plums, cherries, and honey for +sweetening or mead. Vegetables grown in the country included +onions, leeks, celery, lettuce, radish, carrots, garlic, shallots, +parsnip, dill, chevil, marigold, coriander, and poppy. In the +summer, they ate boiled or raw veal and wild fowl such as ducks, +geese, or pigeons, and game snared in the forest. Poultry was a +luxury food, but recognized as therapeutic for invalids, +especially in broth form [chicken soup]. Venison was highly +prized. There were still some wild boar, which were hunted with +long spears, a greyhound dog, and hunting horns. They sometimes +mated with the domestic pigs which roamed the woodlands. In +September, the old and infirm pigs were slaughtered and their +sides of bacon smoked in the rafters for about a month. Their +intestines provided skin for sausages. In the fall, cattle were +slaughtered and salted for food during the winter because there +was no more pasture for them. However, some cows and breed animals +were kept through the winter. + +For their meals, people used wooden platters, sometimes +earthenware plates, drinking horns, drinking cups from ash or +alderwood turned on a foot-peddled pole lathe, and bottles made of +leather. Their bowls, pans, and pitchers were made by the potter's +wheel. Water could be boiled in pots made of iron, brass, lead, or +clay. Water could be carried in leather bags because leather +working preservative techniques improved so that tanning prevented +stretching or decaying. At the back of each hut was a hole in the +ground used as a latrine, which flies frequented. Moss was used +for toilet-paper. Parasitical worms in the stool were ubiquitous. + +Most of the simple people lived in villages of about 20 homes +circling a village green or lining a single winding lane. There +were only first names, and these were usually passed down family +lines. To grind their grain, the villagers used hand mills with +crank and gear, or a communal mill, usually built of oak, driven +by power transmitted through a solid oak shaft, banded with iron +as reinforcement, to internal gear wheels of elm. Almost every +village had a watermill. It might be run by water shooting over or +flowing under the wheel. + +Clothing for men and women was made from coarse wool, silk, and +linen and was usually brown in color. Only the wealthy could +afford to wear linen or silk. Men also wore leather clothing, such +as neckpieces, breeches, ankle leathers, shoes, and boots. Boots +were worn when fighting. They carried knives or axes under metal +belts. They could carry items by tying leather pouches onto their +belts with their drawstrings. They wore leather gloves for warmth +and for heavy working with their hands. + +People were as tall, strong and healthy as in the late 1900s, not +having yet endured the later malnourishment and overcrowding that +was its worst in the 1700s and 1800s. Their teeth were very +healthy. Most adults died in their 40s, after becoming arthritic +from hard labor. People in their 50s were deemed venerable. Boys +of twelve were considered old enough to swear an oath of +allegiance to the king. Girls married in their early teens, often +to men significantly older. + +The lands of the large landholding lords were administered by +freemen. They had wheat, barley, oats, and rye fields, orchards, +vineyards for wine, and bee-keeping areas for honey. On this land +lived not only farm laborers, cattle herders, shepherds, +goatherds, and pigherds, but craftsmen such as goldsmiths, +hawkkeepers, dogkeepers, horsekeepers, huntsmen, foresters, +builders, weaponsmiths, embroiders, bronze smiths, blacksmiths, +watermill wrights, wheelwrights, wagon wrights, iron nail makers, +potters, soap makers, tailors, shoemakers, salters (made salt at +the "wyches", which later became towns ending with '-wich'), +bakers, cooks, and gardeners. Most men did carpentry work. Master +carpenters worked with ax, hammer, and saw to make houses, doors, +bridges, milk buckets, washtubs, and trunks. Blacksmiths made +gates, huge door hinges, locks, latches, bolts, and horseshoes. +The lord loaned these people land on which to live for their life, +called a "life estate", in return for their services. The loan +could continue to their widows or children who took up the craft. +Mills were usually powered by water. Candles were made from +beeswax, which exuded a bright and steady light and pleasant +smell, or from mutton fat, which had an unpleasant odor. The +wheeled plough and iron-bladed plough made the furrows. One man +hald the plough and another walked with the oxen, coaxing them +forward with a stick and shouts. Seeds were held in an apron for +seeding. Farm implements included spades, shovels, rakes, hoes, +buckets, barrels, flails, and sieves. Plants were pruned to direct +their growth and to increase their yield. Everyone got together +for feasts at key stages of the farming, such as the harvest. +Easter was the biggest feast. When the lord was in the field, his +lady held their estate. There were common lands of these estates +as well as of communities. Any proposed new settler had to be +admitted at the court of this estate. + +The land of some lords included fishing villages along the coasts. +From the sea were caught herrings, salmon, porpoises, sturgeon, +oysters, crabs, mussels, cockels, winkeles, plaice, flounder, and +lobsters. Sometimes whales were driven into an inlet by many +boats. River fish included eels, pike, minnows, burbo, trout, and +lampreys. They were caught by brushwood weirs, net, bait, hooks, +and baskets. Oysters were so numerous that they were eaten by the +poor. The king's peace extended over the waterways. If mills, +fisheries, weirs, or other structures were set up to block them, +they were to be destroyed and a penalty paid to the king. + +Other lords had land with iron-mining industries. Ore was dug from +the ground and combined with wood charcoal in a shaft furnace to +be smelted into liquid form. Wood charcoal was derived from +controlled charring of the wood at high temperatures without using +oxygen. This burned impurities from it and left a purer carbon, +which burned better than wood. The pure iron was extracted from +this liquid and formed into bars. To keep the fire hot, the +furnaces were frequently placed at windswept crossings of valleys +or on the tops of hills. + +Some lords had markets on their land, for which they charged a +toll [like a sales tax] for participation. There were about +fifty markets in the nation. Cattle and slaves (from the word +"slav") were the usual medium of exchange. An ox still was worth +about 30d. Shaking hands was symbolic of an agreement for a +sale, which had to be carried out in front of witnesses at the +market for any property worth over 20d. The higher the value of +the property, the more witnesses were required. Witnesses were +also required for the exchange of property and to vouch for +cattle having being born on the property of a person claiming +them. People traveled to markets on deep, sunken roads and +narrow bridges kept in repair by certain men who did this work +as their service to the King. The king's peace extended to a +couple of high roads, i.e. highways, running the length of the +country and a couple running its width. + +Salt was used throughout the nation to preserve meat over the +winter. Inland saltworks had an elaborate and specialized +organization. The chief one used saltpans and furnaces to extract +salt from natural brine springs. They formed little manufacturing +enclaves in the midst of agricultural land, and they were +considered to be neither large private estates headed by a lord +nor appurtenant to such. They belonged jointly to the king and the +local earl, who shared, at a proportion of two to one, the +proceeds of the tolls upon the sale of salt and methods of +carriage on the ancient salt ways according to cartload, horse +load, or man load. Sometimes there were investors in a portion of +the works who lived quite at distance away. The sales of salt were +mostly retail, but some bought to resell. Peddlers carried salt to +sell from village to village. + +Some smiths traveled for their work, for instance, stonewrights +building arches and windows in churches, and lead workers putting +lead roofs on churches. + +An example of a grant of hides of land is: "[God has endowed King +Edred with England], wherefore he enriches and honors men, both +ecclesiastic and lay, who can justly deserve it. The truth of this +can be acknowledged by the thegn AElfsige Hunlafing through his +acquisition of the estate of 5 hides at Alwalton for himself and +his heirs, free from every burden except the repair of +fortifications, the building of bridges and military service; a +prudent landowner church dues, burial fees and tithes. [This land] +is to be held for all time and granted along with the things both +great and small belonging to it." + +A Bishop gave land to a faithful attendant for his life and two +other lives as follows: "In 904 A.D., I, Bishop Werfrith, with the +permission and leave of my honorable community in Worcester, grant +to Wulfsige, my reeve, for his loyal efficiency and humble +obedience, one hide of land at Aston as Herred held it, that is, +surrounded by a dyke, for three lives and then after three lives +the estate shall be given back without any controversy to +Worcester." + +At seaports on the coast, goods were loaded onto vessels owned by +English merchants to be transported to other English seaports. +London was a market town on the north side of the Thames River and +the primary port and trading center for foreign merchants. Streets +that probably date from this time include Milk, Bread, and Wood +Streets, and Honey Lane. There were open-air markets such as +Billingsgate. There were wooden quays over much of the riverfront. +Houses were made of wood, with one sunken floor, or a ground floor +with a cellar beneath. Some had central stone hearths and earth +latrines. There were crude pottery cooking pots, beakers and +lamps, wool cloth, a little silk, simple leather shoes, pewter +jewelry, looms, and quernstones (for grinding flour). Wool, skins, +hides, wheat, meal, beer, lead, cheese, salt, and honey were +exported. Wine (mostly for the church), fish, timber, pitch, +pepper, garlic, spices, copper, gems, gold, silk, dyes, oil, +brass, sulphur, glass, slaves, and elephant and walrus ivory were +imported. Goods from the continent were sold at open stalls in +certain streets. Furs and slaves were traded. There was a royal +levy on exports by foreigners merchants. Southwark was reachable +by a bridge. It contained sleazy docks, prisons, gaming houses, +and brothels. + +Guilds in London were first associations of neighbors for the +purposes of mutual assistance. They were fraternities of persons +by voluntary compact to assist each other in poverty, including +their widows or orphans and the portioning of poor maids, and to +protect each other from injury. Their essential features are and +continue to be in the future: 1) oath of initiation, 2) entrance +fee in money or in kind and a common fund, 3) annual feast and +mass, 4) meetings at least three times yearly for guild business, +5), obligation to attend all funerals of members, to bear the body +if need be from a distance, and to provide masses for the dead, 6) +the duty of friendly help in cases of sickness, imprisonment, +house burning, shipwreck, or robbery, 7) rules for decent behavior +at meetings, and 8) provisions for settling disputes without +recourse to the law. Both the masses and the feast were attended +by the women. Frequently the guilds also had a religious +ceremonial to affirm their bonds of fidelity. They readily became +connected with the exercise of trades and with the training of +apprentices. They promoted and took on public purposes such as the +repairing of roads and bridges, the relief of pilgrims, the +maintenance of schools and almshouses, and the periodic +performance of pageants and miracle plays telling scriptural +history, which could last for several days. The devil often was +prominent in miracle plays. + +Many of these London guilds were known by the name of their +founding member. There were also Frith Guilds (peace guilds) and a +Knights' Guild. The Frith Guild's main object was to enforce the +King's laws, especially the prevalent problem of theft. They were +especially established by bishops and reeves. Members met monthly +and contributed about 4d. to a common fund, which paid a +compensation for items stolen. They each paid 1s. towards the +pursuit of the thief. The members were grouped in tens. Members +with horses were to track the thief. Members without horses worked +in the place of the absent horseowners until their return. When +caught, the thief was tried and executed. Overwhelming force was +used if his kindred tried to protect him. His property was used to +compensate the victim for his loss and then divided between the +thief's wife, if she was innocent, the King, and the guild. Owners +of slaves paid into a fund to give one half compensation to those +who lost slaves by theft or escape, and recaptured slaves were to +be stoned to death or hanged. The members of the peace guild also +feasted and drank together. When one died, the others each sang a +song or paid for the singing of fifty psalms for his soul and gave +a loaf. + +The Knights' Guild was composed of thirteen military persons to +whom King Edgar granted certain waste land in the east of London, +toward Aldgate, and also Portsoken, which ran outside the eastern +wall of the city to the Thames, for prescribed services performed, +probably defense of the vulnerable east side of the city. This +concession was confirmed by King Edward the Confessor in a charter +at the suit of certain citizens of London, the successors of these +knights. Edward granted them sac and soke [cause and suit] +jurisdiction over their men. + +Edward the Confessor made these rules for London: + +1. Be it known that within the space of three miles from + all parts outside of the city a man ought not to hold or + hinder another, and also should not do business with him if + he wish to come to the city under its peace. But when he + arrives in the city, then let the market be the same to the + rich man as to the poor. + +2. Be it also known that a man who is from the court of the + king or the barons ought not to lodge in the house of any + citizen of London for three nights, either by privilege or + by custom, except by consent of the host. For if he force + the host to lodge him in his house and there be killed by + the host, let the host choose six from his relatives and let + him as the seventh swear that he killed him for the said + cause. And thus he will remain quit of the murder of the + deceased towards the king and relatives and lords of the + deceased. + +3. And after he has entered the city, let a foreign + merchant be lodged wherever it please him. But if he bring + dyed cloth, let him see to it that he does not sell his + merchandise at retail, but that he sell not less than a + dozen pieces at a time. And if he bring pepper, or cumin, or + ginger, or alum, or brasil wood, or resin, or incense, let + him sell not less than fifteen pounds at a time. But if he + bring belts, let him sell not less than a thousand at a + time. And if he bring cloths of silk, or wool or linen, let + him see that he cut them not, but sell them whole. But if he + bring wax, let him sell not less than one quartanum. Also a + foreign merchant may not buy dyed cloth, nor make the dye in + the city, nor do any work which belongs by right to the + citizens. + +4. Also no foreign merchant with his partner may set up any + market within the city for reselling goods in the city, nor + may he approach a citizen for making a bargain, nor may he + stop longer in the City. + +Every week in London there was a folkmote at St. Paul's +churchyard, where majority decision was a tradition. By 1032, it +had lost much of its power to the husting [household assembly in +Danish] court. The folkmoot then had responsibility for order and +was the sole authority for proclaiming outlaws. It met three times +a year at St. Paul's churchyard and there acclaimed the sheriff +and justiciar, or if the king had chosen his officer, heard who +was chosen and listened to his charge. It also yearly arranged the +watch and dealt with risks of fire. It was divided into wards, +each governed by an alderman who presided over the ward-mote, and +represented his ward at the folk-mote. Each guild became a ward. +The chief alderman was the portreeve. London paid one-eighth of +all the taxes of England. + +Later in the towns, merchant guilds grew out of charity +associations whose members were bound by oath to each other and +got together for a guild feast every month. Some traders of these +merchant guilds became so prosperous that they became landholders. +Many market places were dominated by a merchant guild, which had a +monopoly of the local trade. In the great mercantile towns all the +land and houses would be held by merchants and their dependents, +all freeholders were connected with a trade, and everyone who had +a claim on public office or magistry would be a member of the +guild. The merchant guild could admit into their guild country +villeins, who became freemen if unclaimed by their lords for a +year and a day. Every merchant who had made three long voyages on +his own behalf and at his own cost ranked as a thegn. There were +also some craft guilds composed of handicraftsmen or artisans. +Escaped bonded agricultural workers, poor people, and traders +without land migrated to towns to live, but were not citizens. + +Towns were largely self-sufficient, but salt and iron came from a +distance. The King's established in every shire at least one town +with a market place where purchases would be witnessed and a mint +where reliable money was coined by a moneyer. There were eight +moneyers in London. Coins were issued to be of value for only a +couple of years. Then one had to exchange them for newly issued +ones at a rate of about 10 old for 8 or 9 new. The difference +constituted a tax. Roughly 10% of the people lived in towns. Some +took surnames such as Tanner, Weaver, or Carpenter. Some had +affectionate or derisive nicknames such as clear-hand, fresh +friend, soft bread, foul beard, money taker, or penny purse. +Craftsmen in the 1000s included goldsmiths, embroiderers, +illuminators of manuscripts, and armorers. + +Edward the Confessor, named such for his piety, was a king of 24 +years who was widely respected for his intelligence, +resourcefulness, good judgment, and wisdom. His educated Queen +Edith, whom he relied on for advice and cheerful courage, was a +stabilizing influence on him. They were served by a number of +thegns, who had duties in the household, which was composed of the +hall, the courtyard, and the bedchamber. They were important men - +thegns by rank. They were landholders, often in several areas, and +held leading positions in the shires. They were also priests and +clerics, who maintained the religious services and performed tasks +for which literacy was necessary. Edward was the first king to +have a "Chancellor". He kept a royal seal and was the chief royal +chaplain. He did all the secretarial work of the household and +court, drew up and sealed the royal writs, conducted the king's +correspondence, and kept all the royal accounts. The word +"chancellor" signified a screen behind which the secretarial work +of the household was done. He had the special duty of securing and +administering the royal revenue from vacant benefices. The most +important royal officers were the chamberlains, who took care of +the royal bedchamber and adjoining wardrobe used for dressing and +storage of valuables, and the priests. These royal officers had at +first been responsible only for domestic duties, but gradually +came to assume public administrative tasks. + +Edward wanted to avoid the pressures and dangers of living in the +rich and powerful City of London. So he rebuilt a monastic church, +an abbey, and a palace at Westminster about two miles upstream. He +started the growth of Westminster as a center of royal and +political power; kings' councils met there. Royal coronations took +place at the abbey. Since Edward traveled a lot, he established a +storehouse-treasury at Winchester to supplement his traveling +wardrobe. At this time, Spanish stallions were imported to improve +English horses. London came to have the largest and best-trained +army in England. + +The court invited many of the greatest magnates and prelates +[highest ecclesiastical officials, such as bishops] of the land to +the great ecclesiastical festivals, when the king held more solemn +courts and feasted with his vassals for several days. These +included all the great earls, the majority of bishops, some +abbots, and a number of thegns and clerics. Edward had a witan of +wise men to advise him, but sometimes the King would speak in the +hall after dinner and listen to what comments were made from the +mead-benches. As the court moved about the country, many men came +to pay their respects and attend to local business. Edward started +the practice of King's touching people to cure them of scrofula, a +disease which affected the glands, especially in the head and +neck. It was done in the context of a religious ceremony. + +The main governmental activities were: war, collection of revenue, +religious education, and administration of justice. For war, the +shires had to provide a certain number of men and the ports quotas +of ships with crews. The king was the patron of the English +church. He gave the church peace and protection. He presided over +church councils and appointed bishops. As for the administration +of justice, the public courts were almost all under members of +Edward's court, bishops, earls, and reeves. Edward's mind was +often troubled and disturbed by the threat that law and justice +would be overthrown, by the pervasiveness of disputes and discord, +by the raging of wicked presumption, by money interfering with +right and justice, and by avarice kindling all of these. He saw it +as his duty to courageously oppose the wicked by taking good men +as models, by enriching the churches of God, by relieving those +oppressed by wicked judges, and by judging equitably between the +powerful and the humble. He was so greatly revered that a comet +was thought to accompany his death. + +The king established the office of the Chancery to draft documents +and keep records. It created the writ, which was a small piece of +parchment addressed to a royal official or dependent commanding +him to perform some task for the King. By the 1000s A.D., the writ +contained a seal: a lump of wax with the impress of the Great Seal +of England which hung from the bottom of the document. Writing was +done with a sharpened goose-wing quill. Ink was obtained from +mixing fluid from the galls made by wasps for their eggs on oak +trees, rainwater or vinegar, gum arabic, and iron salts for color. + +A King's grant of land entailed two documents: a charter giving +boundaries and conditions and a writ, usually addressed to the +shire court, listing the judicial and financial privileges +conveyed with the land. These were usually sac and soke +[possession of jurisdiction of a private court of a noble or +institution to execute the laws and administer justice over +inhabitants and tenants of the estate], toll [right to have a +market and to collect a payment on the sale of cattle and other +property on the estate] and team [probably the right to hold a +court to determine the honesty of a man accused of illegal +possession of cattle or of buying stolen cattle by inquiring of +the alleged seller or a warrantor, even if an outsider], and +infangenetheof [the authority to hang and take the chattels of a +thief caught on the estate]. + +The town of Coventry consisted of a large monastery estate and a +large private estate headed by a lord. The monastery was granted +by Edward the Confessor full freedom and these jurisdictions: sac +and soke, toll and team, hamsocne [the authority to fine a person +for breaking into and making entry by force into the dwelling of +another], forestall [the authority to fine a person for robbing +others on the road], bloodwite [the authority to impose a +forfeiture for assault involving bloodshed], fightwite [the +authority to fine for fighting], weordwite [the authority to fine +for manslaughter, but not for willful murder], and mundbryce [the +authority to fine for any breach of the peace, such as trespass on +lands]. + +Every man was expected to have a lord to whom he gave fealty. He +swore by this fealty oath: "By the Lord, before whom this relic is +holy, I will be to ------ faithful and true, and love all that he +loves, and shun all that he shuns, according to God's law, and +according to the world's principle, and never, by will nor by +force, by word nor by work, do ought of what is loathful to him; +on condition that he keep me as I am willing to deserve, and all +that fulfill that our agreement was, when I to him submitted and +chose his will." If a man was homeless or lordless, his brothers +were expected to find him such, e.g. in the folkmote. Otherwise, +he as to be treated as a fugitive, and could be slain as for a +thief, and anyone who had harbored him would pay a penalty. +Brothers were also expected to protect their minor kinsmen. + +Marriages were determined by men asking women to marry them. If a +woman said yes, he paid a sum to her kin for her "mund" +[jurisdiction or protection over her] and gave his oath to them to +maintain and support the woman and any children born. As security +for this oath, he gave a valuable object or "wed". The couple were +then betrothed. Marriage ceremonies were performed by priests in +churches. The groom had to bring friends to his wedding as +sureties to guarantee his oath to maintain and support his wife +and children. Those who swore to take care of the children were +called their "godfathers". The marriage was written into church +records. After witnessing the wedding, friends ate the great loaf, +or first bread made by the bride. This was the forerunner of the +wedding cake. They drank special ale, the "bride ale" (from hence +the work "bridal"), to the health of the couple. + +Women could own land, houses, and furniture and other property. +They could even make wills that disinherited their sons. This +marriage agreement with an Archbishop's sister provides her with +land, money, and horsemen: + +"Here in this document is stated the agreement which Wulfric and +the archbishop made when he obtained the archbishop's sister as +his wife, namely he promised her the estates at Orleton and +Ribbesford for her lifetime, and promised her that he would obtain +the estate at Knightwick for her for three lives from the +community at Winchcombe, and gave her the estate at Alton to grant +and bestow upon whomsoever she pleased during her lifetime or at +her death, as she preferred, and promised her 50 mancuses of gold +and 30 men and 30 horses. + +The witnesses that this agreement was made as stated were +Archbishop Wulfstan and Earl Leofwine and Bishop AEthelstan and +Abbot AElfweard and the monk Brihtheah and many good men in +addition to them, both ecclesiastics and laymen. There are two +copies of this agreement, one in the possession of the archbishop +at Worcester and the other in the possession of Bishop AEthelstan +at Hereford." + +This marriage agreement provided the wife with money, land, farm +animals and farm laborers; it also names sureties, the survivor of +whom would receive all this property: + +"Here is declared in this document the agreement which Godwine +made with Brihtric when he wooed his daughter. In the first place +he gave her a pound's weight of gold, to induce her to accept his +suit, and he granted her the estate at Street with all that +belongs to it, and 150 acres at Burmarsh and in addition 30 oxen +and 20 cows and 10 horses and 10 slaves. + +This agreement was made at Kingston before King Cnut, with the +cognizance of Archbishop Lyfing and the community at Christchurch, +and Abbot AElfmaer and the community at St. Augustine's, and the +sheriff AEthelwine and Sired the old and Godwine, Wulfheah's son, +and AElfsige cild and Eadmaer of Burham and Godwine, Wulfstan's +son, and Carl, the King's cniht. And when the maiden was brought +from Brightling AElfgar, Sired's son, and Frerth, the priest of +Forlstone, and the priests Leofwine and Wulfsige from Dover, and +Edred, Eadhelm's son, and Leofwine, Waerhelm's son, and Cenwold +rust and Leofwine, son of Godwine of Horton, and Leofwine the Red +and Godwine, Eadgifu's son, and Leofsunu his brother acted as +security for all this. And whichever of them lives the longer +shall succeed to all the property both in land and everything else +which I have given them. Every trustworthy man in Kent and Sussex, +whether thegn or commoner, is cognizant of these terms. + +There are three of these documents; one is at Christchurch, +another at St. Augustine's, and Brihtric himself has the third." + +Nuns and monks lived in segregated nunneries and monasteries on +church land and grew their own food. The local bishop usually was +also an abbot of a monastery. The priests and nuns wore long robes +with loose belts and did not carry weapons. Their life was ordered +by the ringing of the bell to start certain activities, such as +prayer; meals; meetings; work in the fields, gardens, or +workshops; and copying and illuminating books. They chanted to pay +homage and to communicate with God or his saints. They taught +justice, piety, chastity, peace, and charity; and cared for the +sick. Caring for the sick entailed mostly praying to God as it was +thought that only God could cure. They bathed a few times a year. +They got their drinking water from upstream of where they had +located their latrines over running water. The large monasteries +had libraries, dormitories, guesthouses, kitchens, butteries to +store wine, bakehouses, breweries, dairies, granaries, barns, +fishponds, orchards, vineyards, gardens, workshops, laundries, +lavatories with long stone or marble washing troughs, and towels. +Slavery was diminished by the church by excommunication for the +sale of a child over seven. The clergy taught that manumission of +slaves was good for the soul of the dead, so it became frequent in +wills. The clergy were to abstain from red meat and wine and were +to be celibate. But there were periods of laxity. Punishment was +by the cane or scourge. + +The Archbishop of Canterbury began anointing new kings at the time +of coronation to emphasize that the king was ruler by the grace of +God. As God's minister, the king could only do right. From 973, +the new king swore to protect the Christian church, to prevent +inequities to all subjects, and to render good justice, which +became a standard oath. + +There was a celestial hierarchy, with heavenly hosts in specific +places. God intervened in daily life, especially if worshipped. +Saints such as Bede and Hilda performed miracles, especially ones +of curing. Their spirits could be contacted through their relics, +which rested at the altars of churches. When someone was said to +have the devil in him, people took it quite literally. A real Jack +Frost nipped noses and fingers and made the ground too hard to +work. Little people, elves, trolls, and fairies inhabited the +fears and imaginings of people. The forest was the mysterious home +of spirits. People prayed to God to help them in their troubles +and from the work of the devil. Since natural causes of events +were unknown, people attributed events to wills like their own. +Illness was thought to be caused by demons. People hung charms +around their neck for cure and treatments of magic and herbs were +given. Some had hallucinogenic effects, which were probably useful +for pain. For instance, the remedy for "mental vacancy and folly" +was a drink of "fennel, agrimony, cockle, and marche". Blood- +letting by leeches and cautery were used for most maladies, which +were thought to be caused by imbalance of the four bodily humors: +sanguine, phlegmatic, choleric, and melancholic. These four humors +reflected the four basic elements of the world articulated by +Aristotle: air, water, fire, and earth. Blood was hot and moist +like air; phlegm was cold and moist like water; choler or yellow +bile was hot and dry like fire; and melancholy or black bile was +cold and dry like earth. Bede had explained that when blood +predominates, it makes people joyful and glad, sociable, laughing, +and talking a great deal. Phlegm renders them slow, sleepy, and +forgetful. Red cholic makes them thin, though eating much, swift, +bold, wrathful, and agile. Black cholic makes them serious of +settled disposition, even sad. To relieve brain pressure and/or +maybe to exorcise evil spirits, holes were drilled into skulls by +a drill with a metal tip that was caused to turn back and forth by +a strap wrapped around a wooden handle. A king's daughter Edith +inspired a cult of holy wells, whose waters were thought to +alleviate eye conditions. Warmth and rest were also used for +illness. Agrimony boiled in milk was thought to relieve impotence +in men. + +It was known that the liver casted out impurities in the blood. +The stages of fetal growth were known. The soul was not thought to +enter a fetus until after the third month, so presumably abortions +within three months were allowable. + +The days of the week were Sun day, Moon day, Tiw's day (Viking god +of war), Woden's day (Viking god of victory, master magician, +calmer of storms, and raiser of the dead), Thor's day (Viking god +of thunder), Frig's day (Viking goddess of fertility and growing +things), and Saturn's day (Roman god). Special days of the year +were celebrated: Christmas, the birthday of Jesus Christ; the +twelve days of Yuletide (a Viking tradition) when candles were lit +and houses decorated with evergreen and there were festivities +around the burning of the biggest log available; Plough Monday for +resumption of work after Yuletide; February 14th with a feast +celebrating Saint Valentinus, a Roman bishop martyr who had +married young lovers in secret when marriage was forbidden to +encourage men to fight in war; New Year's Day on March 25th when +seed was sown and people banged on drums and blew horns to banish +spirits who destroy crops with disease; Easter, the day of the +resurrection of Jesus Christ; Whitsunday, celebrating the descent +of the Holy Spirit on the apostles of Jesus and named for the +white worn by baptismal candidates; May Day when flowers and +greenery was gathered from the woods to decorate houses and +churches, Morris dancers leapt through their villages with bells, +hobby horses, and waving scarves, and people danced around a May +pole holding colorful ribbons tied at the top so they became +entwined around the pole; Lammas on August 1st, when the first +bread baked from the wheat harvest was consecrated; Harvest Home +when the last harvest load was brought home while an effigy of a +goddess was carried with reapers singing and piping behind, and +October 31st, the eve of the Christian designated All Hallow Day, +which then became known as All Hallow Even, or Halloween. People +dressed as demons, hobgoblins, and witches to keep spirits away +from possessing them. Trick or treating began with Christian +beggars asking for "soul cake" biscuits in return for praying for +dead relatives. Ticktacktoe and backgammon were played. There were +riddles such as: + + I am a strange creature, for I satisfy women ... + I grow very tall, erect in a bed. + I'm hairy underneath. From time to time + A beautiful girl, the brave daughter + Of some fellow dares to hold me + Grips my reddish skin, robs me of my head + And puts me in the pantry. At once that girl + With plaited hair who has confined me + Remembers our meeting. Her eye moistens. + What am I? + An onion. + + A man came walking where he knew + She stood in a corner, stepped forwards; + The bold fellow plucked up his own + Skirt by hand, stuck something stiff + Beneath her belt as she stood, + Worked his will. They both wiggled. + The man hurried; his trusty helper + Plied a handy task, but tired + At length, less strong than she, + Weary of the work. Thick beneath + Her belt swelled the thing good men + Praise with their hearts and purses. + What am I? + A milk churn. + +The languages of invaders had produced a hybrid language that was +roughly understood throughout the country. The existence of +Europe, Africa, Asia, and India were known. Jerusalem was thought +to be at the center of the world. There was an annual tax of a +penny on every hearth, Peter's pence, to be collected and sent to +the pope in Rome. Ecclesiastical benefices were to pay church- +scot, a payment in lieu of first fruits of the land, to the pope. + + + + - The Law - + +The king and witan deliberated on the making of new laws, both +secular and spiritual, at the regularly held witanagemot. There +was a standard legal requirement of holding every man accountable, +though expressed in different ways, such as the following three: + +Every freeman who does not hold land must find a lord to answer +for him. The act of homage was symbolized by holding his hands +together between those of his lord. Every lord shall be personally +responsible as surety for the men of his household. [This included +female lords.] (King Athelstan) + +"And every man shall see that he has a surety, and this surety +shall bring and keep him to [the performance of] every lawful +duty. + +1. And if anyone does wrong and escapes, his surety shall incur + what the other should have incurred. + +2. If the case be that of a thief and his surety can lay hold of + him within twelve months, he shall deliver him up to justice, + and what he has paid shall be returned to him." (King Edgar) + +Every freeman who holds land, except lords with considerable +landed property, must be in a local tithing, usually ten to twelve +men, in which they serve as personal sureties for each other's +peaceful behavior. If one of the ten landholders in a tithing is +accused of an offense, the others have to produce him in court or +pay a fine plus pay the injured party for the offense, unless they +could prove that they had no complicity in it. If the man is found +guilty but can not pay, his tithing must pay his fine. The chief +officer is the "tithing man" or "capital pledge". There were +probably ten tithings in a hundred. (King Edward the Confessor). + +Everyone was to take an oath not to steal, which one's surety +would compel one to keep. + +No one may receive another lord's man without the permission of +this lord and only if the man is blameless towards every hand. The +penalty is the bot for disobedience. No lord was to dismiss any of +his men who had been accused, until he had made compensation and +done right. + +"No woman or maiden shall be forced to marry a man she dislikes or +given for money." + +"Violence to a widow or maiden is punishable by payment of one's +wergeld." + +No man may have more wives than one. + +No man may marry among his own kin within six degrees of +relationship or with the widow of a man as nearly related to him +as that, or with a near relative of his first wife's, or his god- +mother, or a divorced woman. Incest is punishable by payment of +one's wergeld or a fine or forfeiture of all his possessions. + +Grounds for divorce were mutual consent or adultery or desertion. +Adultery was prohibited for men as well as for women. The penalty +was payment of a bot or denial of burial in consecrated ground. A +law of Canute provided that if a wife was guilty of adultery, she +forfeited all her property to her husband and her nose and ears, +but this law did not survive him. + +Laymen may marry a second time, and a young widow may again take a +husband, but they will not receive a blessing and must do penance +for their incontinence. + +Prostitutes were to be driven out of the land or destroyed in the +land, unless they cease from their wickedness and make amends to +the utmost of their ability. + +Neither husband nor wife could sell family property without the +other's consent. + +If there was a marriage agreement, it determined the wife's +"dower", which would be hers upon his death. Otherwise, if a man +who held his land in socage [owned it freely and not subject to a +larger landholder] died before his wife, she got half this +property. If there were minor children, she received all this +property. + +Inheritance of land to adult children was by the custom of the +land held. In some places, the custom was for the oldest son to +take it and in other places, the custom was for the youngest son +to take it. Usually, the sons each took an equal portion by +partition, but the eldest son had the right to buy out the others +as to the chief messuage [manor; dwelling and supporting land and +buildings] as long as he compensated them with property of equal +value. If there were no legitimate sons, then each daughter took +an equal share when she married. + +In London, one-third of the personal property of a decedent went +to his wife, one-third went to his children in equal shares, and +one-third he could bequeath as he wished. + +"If a man dies intestate [without a will], his lord shall have +heriot [horses, weapons, shields, and helmets] of his property +according to the deceased's rank and [the rest of] the property +shall be divided among his wife, children, and near kinsmen." + +A man could justifiably kill an adulterer in the act with the +man's wife, daughter, sister, or mother. In Kent, a lord could +fine any bondswoman of his who had become pregnant without his +permission [childwyte]. + +A man could kill in defense of his own life, the life of his +kinsmen, his lord, or a man whose lord he was. The offender was +"caught red-handed" if the blood of his victim was still on him. +Self-help was available for hamsocne [breaking into a man's house +to assault him]. + +Murder is punished by death as follows: "If any man break the +King's peace given by hand or seal, so that he slay the man to +whom the peace was given, both his life and lands shall be in the +King's power if he be taken, and if he cannot be taken he shall be +held an outlaw by all, and if anyone shall be able to slay him he +shall have his spoils by law." The king's peace usually extended +to important designated individuals, churches, assemblies, those +traveling to courts or assemblies, and particular times and +places. Often a king would extend his peace to fugitives from +violent feuds if they asked the king, earls, and bishops for time +to pay compensation for their misdeeds. From this came the +practice of giving a portion of the "profits of justice" to such +men who tried the fugitive. The king's peace came to be extended +to those most vulnerable to violence: foreigners, strangers, and +kinless persons. + +"If anyone by force break or enter any man's court or house to +slay or wound or assault a man, he shall pay 100s. to the King as +fine." + +"If anyone slay a man within his court or his house, himself and +all his substance are at the King's will, save the dower of his +wife if he have endowed her." + +If a person fights and wounds anyone, he is liable for his wer. If +he fells a man to death, he is then an outlaw and is to be seized +by raising the hue and cry. And if anyone kills him for resisting +God's law or the king's, there will be no compensation for his +death. + +A man could kill a thief over twelve years in the act of carrying +off his property over 8d., e.g. the thief hand-habbende [a thief +found with the stolen goods in his hand] or the thief back-berend +[a thief found carrying stolen goods on his back]. + +Cattle theft could be dealt with only by speedy pursuit. A person +who had involuntarily lost possession of cattle is to at once +raise the hue and cry. He was to inform the hundred-man, who then +called the tithing-men. All these neighbors had to then follow the +trail of the cow to its taker, or pay 30d. to the hundred for the +first offense, and 60d. for the second offense, half to the +hundred and half to the lord, and half a pound [10s.] for the +third offense, and forfeiture of all his property and declared +outlaw for the fourth offense. If the hundred pursued a track into +another hundred, notice was to be given to that hundred-man. If he +did not go with them, he had to pay 30s. to the king. + +If a thief was brought into prison, he was to be released after 40 +days if he paid his fine of 120s. His kindred could become his +sureties, to pay according to his wer if he stole again. If a +thief forfeited his freedom and gave himself up, but his kindred +forsook him, and he does not know of anyone who will make bot for +him; let him then do theow-work, and let the wer abate for the +kindred. + +Measures and weights of goods for sale shall be correct. + +Every man shall have a warrantor to his market transactions and no +one shall buy and sell except in a market town; but he shall have +the witness of the portreeve or of other men of credit, who can be +trusted. + +Moneyers accused of minting money outside a designated market +were to go to the ordeal of the hot iron with the hand that was +accused of doing the fraud. If he was found guilty, his hand that +did the offense was to be struck off and be set up on the money- +smithy. + +No marketing, business, or hunting may be done on Sundays. + +No one may bind a freeman, shave his head in derision, or shave +off his beard. Shaving was a sign of enslavement, which could be +incurred by not paying one's fines for offenses committed. + +No clergy may gamble or participate in games of chance. + +The Laws for London were: + +"1. The gates called Aldersgate and Cripplegate were in charge of + guards. + +2. If a small ship came to Billingsgate, one half-penny was paid + as toll; if a larger ship with sails, one penny was paid. + + 1) If a hulk or merchantman arrives and lies there, four pence + is paid as toll. + + 2) From a ship with a cargo of planks, one plank is given as + toll. + + 3) On three days of the week toll for cloth [is paid] on Sunday + and Tuesday and Thursday. + + 4) A merchant who came to the bridge with a boat containing fish + paid one half-penny as toll, and for a larger ship one penny." + + 5 - 8) Foreigners with wine or blubber fish or other goods and + their tolls. + +Foreigners were allowed to buy wool, melted sheep fat [tallow], +and three live pigs for their ships. + +"3. If the town-reeve or the village reeve or any other official + accuses anyone of having withheld toll, and the man replies that + he has kept back no toll which it was his legal duty to pay, he + shall swear to this with six others and shall be quit of the + charge. + + 1) If he declares that he has paid toll, he shall produce the + man to whom he paid it, and shall be quit of the charge. + + 2) If, however, he cannot produce the man to whom he paid it, he + shall pay the actual toll and as much again and five pounds to + the King. + + 3) If he vouches the tax-gatherer to warranty [asserting] that + he paid toll to him, and the latter denies it, he shall clear + himself by the ordeal and by no other means of proof. + +4. And we [the king and his counselors] have decreed that a man + who, within the town, makes forcible entry into another man's + house without permission and commits a breach of the peace of the + worst kind ... and he who assaults an innocent person on the + King's highway, if he is slain, shall lie in an unhonored grave. + + 1) If, before demanding justice, he has recourse to violence, + but does not lose his life thereby, he shall pay five pounds + for breach of the King's peace. + + 2) If he values the good-will of the town itself, he shall pay + us thirty shillings as compensation, if the King will grant us + this concession." + +5. No base coin or coin defective in quality or weight, foreign or +English, may be used by a foreigner or an Englishman. (In 956, a +person found guilty of illicit coining was punished by loss of a +hand.) + + + + - Judicial Procedure - + +There were courts for different geographical communities. The +arrangement of the whole kingdom into shires was completed by 975 +after being united under King Edgar. + +A shire was a larger area of land, headed by an earl. A shire +reeve or "sheriff" represented the royal interests in the shires +and in the shire courts. This officer came to be selected by the +king and earl of the shire to be a judicial and financial deputy +of the earl and to execute the law. The office of sheriff, which +was not hereditary, was also responsible for the administration of +royal lands and royal accounts. The sheriff summoned the freemen +holding land in the shire, four men selected by each community or +township, and all public officers to meet twice a year at their +"shire-mote". Actually only the great lords - the bishops, earls, +and thegns - attended. The shire court was primarily concerned +with issues of the larger landholders. Here the freemen +interpreted the customary law of the locality. The earl declared +the secular law and the bishop declared the spiritual law. They +also declared the sentence of the judges. The earl usually took a +third of the profits, such as fines and forfeits, of the shire +court, and the bishop took a share. In time, the earls each came +to supervise several shires and the sheriff became head of the +shire and assumed the earl's duties there, such as heading the +county fyrd. The shire court also heard cases which had been +refused justice at the hundred-mote and cases of keeping the peace +of the shire. + +The hundred was a division of the shire, having come to refer to a +geographical area rather than a number of households. The monthly +hundred-mote could be attended by any freeman holding land (or a +lord's steward), but was usually attended only by reeve, thegns, +parish priest, and four representatives selected by each agrarian +community or village - usually villeins. Here transfers of land +were witnessed. A reeve, sometimes the sheriff, presided over +local criminal and peace and order issues ["leet jurisdiction", +which derived from sac and soc jurisdiction] and civil cases at +the hundred court. All residents were expected to attend the leet +court. The sheriff usually held each hundred court in turn. The +suitors to these courts were the same as those of the shire +courts. They were the judges who declared the law and ordered the +form of proof, such as compurgatory oath and ordeal. They were +customarily thegns, often twelve in number. They, as well as the +king and the earl, received part of the profits of justice. +Summary procedure was followed when a criminal was caught in the +act or seized after a hue and cry. Every freeman over age twelve +had to be in a hundred and had to follow the hue and cry. + +"No one shall make distraint [seizure of personal property out of +the possession of an alleged wrong-doer into the custody of the +party injured, to procure a satisfaction for a wrong committed] of +property until he has appealed for justice in the hundred court +and shire court". + +In 997, King Ethelred in a law code ordered the sheriff and twelve +leading magnates of each shire to swear to accuse no innocent man, +nor conceal any guilty one. This was the germ of the later assize, +and later still the jury. + +The integrity of the judicial system was protected by certain +penalties: for swearing a false oath, bot as determined by a +cleric who has heard his confession, or, if he has not confessed, +denial of burial in consecrated ground. Also a perjurer lost his +oath-worthiness. Swearing a false oath or perjury was also +punishable by loss of one's hand or half one's wergeld. A lord +denying justice, as by upholding an evil-doing thegn of his, had +to pay 120s. to the king for his disobedience. Furthermore, if a +lord protected a theow of his who had stolen, he had to forfeit +the theow and pay his wer, for the first offense, and he was +liable for all he property, for subsequent offenses. There was a +bot for anyone harboring a convicted offender. If anyone failed to +attend the gemot thrice after being summoned, he was to pay the +king a fine for his disobedience. If he did not pay this fine or +do right, the chief men of the burh were to ride to him, and take +all his property to put into surety. If he did not know of a +person who would be his surety, he was to be imprisoned. Failing +that, he was to be killed. But if he escaped, anyone who harbored +him, knowing him to be a fugitive, would be liable pay his wer. +Anyone who avenged a thief without wounding anyone, had to pay the +king 120s. as wite for the assault. + +"And if anyone is so rich or belongs to so powerful a kindred, +that he cannot be restrained from crime or from protecting and +harboring criminals, he shall be led out of his native district +with his wife and children, and all his goods, to any part of the +kingdom which the King chooses, be he noble or commoner, whoever +he may be - with the provision that he shall never return to his +native district. And henceforth, let him never be encountered by +anyone in that district; otherwise he shall be treated as a thief +caught in the act." + +This lawsuit between a son and his mother over land was heard at a +shire-meeting: "Here it is declared in this document that a shire- +meeting sat at Aylton in King Cnut's time. There were present +Bishop AEthelstan and Earl Ranig and Edwin, the Earl's son, and +Leofwine, Wulfsige's son, and Thurkil the White; and Tofi the +Proud came there on the King's business, and Bryning the sheriff +was present, and AEthelweard of Frome and Leofwine of Frome and +Godric of Stoke and all the thegns of Herefordshire. Then Edwin, +Enneawnes son, came traveling to the meeting and sued his own +mother for a certain piece of land, namely Wellington and Cradley. +Then the bishop asked whose business it was to answer for his +mother, and Thurkil the White replied that it was his business to +do so, if he knew the claim. As he did not know the claim, three +thegns were chosen from the meeting [to ride] to the place where +she was, namely at Fawley, and these were Leofwine of Frome and +AEthelsige the Red and Winsige the seaman, and when they came to +her they asked her what claim she had to the lands for which her +son was suing her. Then she said that she had no land that in any +way belonged to him, and was strongly incensed against her son, +and summoned to her kinswoman, Leofflaed, Thurkil's wife, and in +front of them said to her as follows: 'Here sits Leofflaed, my +kinswoman, to whom, after my death, I grant my land and my gold, +my clothing and my raiment and all that I possess.' And then she +said to the thegns: 'Act like thegns, and duly announce my message +to the meeting before all the worthy men, and tell them to whom I +have granted my land and all my property, and not a thing to my +own son, and ask them to be witnesses of this.' And they did so; +they rode to the meeting and informed all the worthy men of the +charge that she had laid upon them. Then Thurkil the White stood +up in the meeting and asked all the thegns to give his wife the +lands unreservedly which her kinswoman had granted her, and they +did so. Then Thurkil rode to St. AEthelbert's minister, with the +consent and cognizance of the whole assembly, and had it recorded +in a gospel book." + +Courts controlled by lords of large private estates had various +kinds of jurisdiction recognized by the King: sac and soke +[possession of legal powers of execution and profits of justice +held by a noble or institution over inhabitants and tenants of the +estate, exercised through a private court], toll [right to collect +a payment on the sale of cattle and property] and team [right to +hold a court to determine the honesty of a man accused of illegal +possession of cattle], infangenetheof [the authority to judge and +to hang and take the chattels of a thief caught on the property], +and utfangenetheof [the authority to judge and to hand and take +the chattels of a thief dwelling out of his liberty, and +committing theft without the same, if he were caught within the +lord's property]. Some lords were even given jurisdiction over +breach of the royal peace, ambush and treacherous manslaughter, +harboring of outlaws, forced entry into a residence, and failure +to answer a military summons. Often this court's jurisdiction +overlapped that of the hundred court and sometimes a whole hundred +had passed under the jurisdiction of an abbot, bishop, or earl. + +A lord and his noble lady, or his steward, presided at this court. +The law was administered here on the same principles as at the +hundred court. Judges of the leet of the court of a large private +estate were chosen from the constables and four representatives +selected from each community, village, or town. + +Before a dispute went to the hundred court, it might be taken care +of by the head tithing man, e;.g. cases between vills, between +neighbors, and some compensations and settlements, namely +concerning pastures, meadows, harvests, and contests between +neighbors. + +The vill [similar to village] was the smallest community for +judicial purposes. There were several vills in a hundred. + +In London, the Hustings Court met weekly and decided such issues +as wills and bequests and commerce matters. The folk-mote of all +citizens met three times a year. Each ward had a leet court [for +minor criminal matters]. + +The king and his witan decided the complaints and issues of the +nobility and those cases which had not received justice in the +hundred or shire court. The witan had a criminal jurisdiction and +could imprison or outlaw a person. The witan could even compel the +king to return any land he might have unjustly taken. Specially +punishable by the king was "oferhyrnesse": contempt of the king's +law. It covered refusal of justice, neglect of summons to gemot or +pursuit of thieves, disobedience to the king's offiers, sounding +the king's coin, accepting another man's dependent without his +leave, buying outside markets, and refusing to pay Peter's pence. + +The forests were peculiarly subject to the absolute will of the +king. They were outside the common law. Their unique customs and +laws protected the peace of the animals rather than the king's +subjects. Only special officials on special commissions heard +their cases. + +The form of oaths for compurgation were specified for theft of +cattle, unsoundness of property bought, and money owed for a sale. +The defendant denied the accusation by sweating that "By the Lord, +I am guiltless, both in deed and counsel, and of the charge of +which … accuses me." A compurgator swore that "By the Lord, the +oath is clean and unperjured which … has sworn.". A witness swore +that "In the name of Almighty God, as I here for … in true witness +stand, unbidden and unbought, so I with my eyes over-saw, and with +my ears over-heard, that which I with him say." + +If a theow man was guilty at the ordeal, he was not only to give +compensation, but was to be scourged thrice, or a second geld be +given; and be the wite of half value for theows. + + + + + + - - - Chapter 4 - - - + + + + - The Times: 1066-1100 - + +William came from Normandy to conquer England. He claimed that the +former King, Edward, the Confessor, had promised the throne to him +when they were growing up together in Normandy, if Edward became +King of England and had no children. The Conquerer's men and +horses came in boats powered by oars and sails. The conquest did +not take long because of the superiority of his military expertise +to that of the English. He organized his army into three groups: +archers with bows and arrows, horsemen with swords and stirrups, +and footmen with hand weapons. Each group played a specific role +in a strategy planned in advance. The English army was only +composed of footmen with hand weapons such as spears and shields. +They fought in a line holding up their shields to overlap each +other ane form a shieldwall. The defeat of the English was thought +to have been presaged by a comet. + +At Westminster, he made an oath to defend God's holy churches and +their rulers, to rule the whole people subject to him with +righteousness and royal providence, to enact and hold fast right +law, and to utterly forbid rapine and unrighteous judgments. This +was in keeping with the traditional oath of a new king. + +Declaring the English who fought against him to be traitors, the +Conquerer declared their land confiscated. But he allowed those +who were willing to acknowledge him to redeem their land by a +payment of money. As William conquered the land of the realm, he +parceled it out among the barons who fought with him so that each +baron was given the holdings of an Anglo-Saxon predecessor, +scattered though they were. The barons again made oaths of +personal loyalty to him [fealty]. They agreed to hold the land as +his vassals with future military services to him and receipt of +his protection. They gave him homage by placing their hands within +his and saying "I become your man for the tenement I hold of you, +and I will bear you faith in life and member [limb] and earthly +honor against all men". They held their land "of their lord", the +King, by knight's service. The king had "enfeoffed" them [given +them a fief: a source of income] with land. The theory that by +right all land was the King's and that land was held by others +only at his gift and in return for specified service was new to +English thought. The original duration of a knight's fee until +about 1100 was for his life; thereafter it was heritable. The word +"knight" came to replace the word "thegn" as a person who received +his position and land by fighting for the King. The exact +obligation of knight's service was to furnish a fully-armed +horseman to serve at his own expense for forty days in the year. +This service was not limited to defense of the country, but +included fighting abroad. The baron led his own knights under his +banner. The foot soldiers were from the fyrd or were mercenaries. +Every free man was sworn to join in the defense of the king, his +lands and his honor, within England and without. + +The Saxon governing class was destroyed. The independent power of +earls, who had been drawn from three great family houses, was +curtailed. Most died or fled the country. Some men were allowed to +redeem their land by money payment if they showed loyalty to the +Conquerer. Well-born women crowded into nunneries to escape Norman +violence. The people were deprived of their most popular leaders, +who were excluded from all positions of trust and profit, +especially all the clergy. The earldoms became fiefs instead of +magistracies. + +The Conquerer was a stern and fierce man and ruled as an autocrat +by terror. Whenever the people revolted or resisted his mandates, +he seized their lands or destroyed the crops and laid waste the +countryside and so that they starved to death. His rule was +strong, resolute, wise, and wary because he had learned to command +himself as well as other men. He was not arbitrary or oppressive. +The Conquerer had a strict system of policing the nation. Instead +of the Anglo-Saxon self-government throughout the districts and +hundreds of resident authorities in local courts, he aimed at +substituting for it the absolute rule of the barons under military +rule so favorable to the centralizing power of the Crown. He used +secret police and spies and the terrorism this system involved. +This especially curbed the minor barons and preserved the public +peace. + +The English people, who outnumbered the Normans by 300 to 1, were +disarmed. Curfew bells were rung at 7:00 PM when everyone had to +remain in their own dwellings on pain of death and all fires and +candles were to be put out. This prevented any nightly gatherings, +assassinations, or seditions. Order was brought to the kingdom so +that no man dare kill another, no matter how great the injury he +had received. The Conquerer extended the King's peace on the +highways, i.e. roads on high ground, to include the whole nation. +Any individual of any rank could travel from end to end of the +land unharmed. Before, prudent travelers would travel only in +groups of twenty. + +The barons subjugated the English who were on their newly acquired +land. There began a hierarchy of seisin [rightful occupation] of +land so that there could be no land without its lord. Also, every +lord had a superior lord with the king as the overlord or supreme +landlord. One piece of land may be held by several tenures. For +instance, A, holding by barons's service of the King, may enfeoff +B, a church, to hold of him on the terms of praying for the souls +of his ancestors, and B may enfeoff a freeman C to hold of the +church by giving it a certain percentage of his crops every year. +There were about 200 barons who held land directly of the King. +Other fighting men were the knights, who were tenants or +subtenants of a baron. Knighthood began as a reward for valor on +the field of battle by the king or a noble. The value of a +knight's fee was 400s. [20 pounds] per year. Altogether there were +about 5000 fighting men holding land. + +The essence of Norman feudalism was that the land remained under +the lord, whatever the vassal might do. The lord had the duty to +defend the vassals on his land. The vassal owed military service +to the lord and also the service of attending the courts of the +hundred and the county [formerly "shire"], which were courts of +the King, administering old customary law. They were the King's +courts on the principle that a crime anywhere was a breach of the +King's peace. The King's peace that had covered his residence and +household had extended to places where he might travel, such as +highways, rivers, bridges, churches, monasteries, markets, and +towns, and then encompassed every place, replacing the general +public peace. Infraction of the King's peace incurred fines to +the King. + +This feudal bond based on occupancy of land rather than on +personal ties was uniform throughout the realm. No longer could a +man choose his lord and transfer his land with him to a new lord. +He held his land at the will of his lord, to be terminated anytime +the lord decided to do so. A tenant could not alienate his land +without permission of his lord. In later eras, tenancies would be +held for the life of the tenant, and even later, for his life and +those of his heirs. + +This uniformity of land organization plus the new requirement that +every freeman take an oath of loyalty directly to the king to +assist him in preserving his lands and honor and defending him +against his enemies, which oath would supersede any oath to any +other man, gave the nation a new unity. The king could call men +directly to the fyrd, summon them to his court, and tax them +without intervention of their lords. And the people learned to +look to the king for protection from abuse by their lords. + +English villani, bordarii, cottarii, and servi on the land of the +barons were subjugated into a condition of "villeinage" servitude +and became "tied to the land" so that they could not leave the +land without their lord's permission, except to go on a +pilgrimage. The villeins formed a new bottom class as the +population's percentage of slaves declined dramatically. They held +their land of their lord, the baron. To guard against uprisings of +the conquered people, the barons used villein labor to build about +a hundred great stone castles, with moats and walls with towers +around them, at easily defensible positions such as hilltops all +over the nation. + +A castle could be built only with permission of the King. A +typical castle had a stone building of about four floors [a keep] +on a small, steep hill. Later it also had an open area surrounded +by a stone curtain-wall with towers at the corners. Around the +outside of the wall were ditches and banks and perhaps a moat. One +traveled over these via a drawbridge let down at the gatehouse of +the enclosing wall. On either side of the gatehouse were chambers +for the guards. Arrows could be shot through slits in the +enclosing walls. Inside the enclosed area might be stables, a +granary, barracks for the soldiers, and workshops. The only winter +feed was hay, for which the horses, breeding animals, milk-cow, +and work-oxen had a priority over other animals. The bulk of the +cattle were usually slaughtered and salted. + +The castle building typically was entered by an outer wood +staircase to the guard room on the second floor. The first +[ground] floor had a well and was used as a storehouse and/or +dungeons for prisoners. The second floor had a two-storied great +hall, with small rooms and aisles around it within the thick +walls. There was also a chapel area on the second floor. There +were small areas of the third floor which could be used for +sleeping. The floors were wood and were reached by a spiral stone +staircase in one corner of the building. Sometimes there was a +reservoir of water on an upper level with pipes carrying the water +to floors below. Each floor had a fireplace with a slanted flue +going through the wall to the outside. There were latrines in the +corner walls with a pit or shaft down the exterior of the wall, +sometimes to the moat. Furs and wool clothes were hung on the +walls there in the summer to deter the moths. The first floor had +only arrow slits in the walls, but the higher floors had small +windows. + +Some curtain-wall castles did not have a central building. In +these, the hall was built along the inside of the walls, as were +other continuous buildings. The kitchens and chapels were in the +towers. Lodgings were in buildings along the curtain-walls, or on +several floors of the towers. + +The great hall was the main room of the castle. The hall was used +for meals and meetings at which the lord received homages, +recovered fees, and held the view of frankpledge [free pledge in +Latin], in which freemen agreed to be sureties for each other. At +the main table, the lord and his lady sat on benches with backs or +chairs. The table was covered first with a wool cloth that reached +to the floor, and then by a smaller white linen cloth. Everyone +else sat on benches at trestle tables, which could be folded up, +e.g. at night. Over the main door were the family arms. On the +upper parts of the walls could be foxskins and perhaps a polecat +skin, and keepers' and huntsmen's poles. There were often hawk +perches overhead. At the midday dinner, courses were ceremonially +brought in to music, and ritual bows were made to the lord. The +food at the head table was often tasted first by a servant as a +precaution against poison. Hounds, spaniels, and terriers lay near +the hearth and cats, often with litters, nestled nearby. They +might share in dinner, but the lord may keep a short stick near +him to defend morsels he meant for himself. Hunting, dove cotes, +and carp pools provided fresh meat. Fish was compulsory eating on +Fridays, on fast days, and during Lent. Cooking was done outside +on an open fire, roasting on spits and boiling in pots. Some spits +were mechanized with a cogged wheel and a weight at the end of a +string. Other spits were turned by a small boy shielded from the +heat by a wet blanket, or by dogs on a treadmill, or by a long +handle. Underneath the spit was a dripping pan to hold the falling +juices and fat. Mutton fat was used for candles. Bread, pies, and +pastry dishes were baked in an oven: a hole in a fireproof stone +wall fitted with an iron door, in which wood was first burnt to +heat the oven walls. It could also be used for drying fruit or +melting tallow. Fruits were also preserved in honey. Salt was +stored in a niche in the wall near the hearth and put on the table +in a salt cellar which became more elaborate over the years. Salt +was very valuable and gave rise to the praise of a man as the salt +of the earth. Costly imported spices such as cinnamon, cloves, +nutmeg, ginger, pepper, and a small quantity of sugar were kept in +chests. Pepper was always on the table to disguise the taste of +tainted meat. Drinks included wine, ale, cider from apples, perry +from pears, and mead. People carried and used their own knives. +There were no forks. Spoons were of silver or wood. People also +ate with their fingers and washed their hands before and after +meals. It was impolite to dig into the salt bowl with a knife not +previously wiped on bread or napkin, which was linen. It was +unmannerly to wipe one's knife or one's greasy fingers on the +tablecloth or, to use the tablecloth to blow one's nose. Feasts +were stately occasions with costly tables and splendid apparel. +There were practical jokes, innocent frolics, and witty verbal +debating with repartee. They played chess, checkers, and various +games with cards and dice. Most people could sing and some could +play the lute. + +Lighting of the hall at night was by oil lamps or candles on +stands or on wall fixtures. For outside activities, a lantern [a +candle shielded by a metal cage with panels of finely shaved horn: +lant horn] was used. The residence of the lord's family and guests +was at a screened off area at the extreme end of the hall or on a +higher floor. Chests stored garments and jewels. Iron keys and +locks were used for chests and doors. The great bed had a wooden +frame and springs made of interlaced rope or strips of leather. It +was covered with a feather mattress, sheets, quilts, fur covers, +and pillows. Drapery around the bed kept out cold drafts and +provided privacy. There was a water bowl for washing in the +morning. A chamber pot was kept under the bed for nighttime use. +Hay was used as toilet-paper. The lord's personal servants slept +nearby on benches or trundle beds. Most of the gentlemen servants +slept communially in a "knight's chamber". The floor of the hall +was strewn with straw, on which common folk could sleep at night. +There were stools on which to sit. Cup boards (boards on which to +store cups) and chests stored spices and plate. One-piece iron +shears were available to cut cloth. Hand-held spindles were used +for weaving; one hand held the spindle [a small stick weighted at +one end] while the other hand alternately formed the thread and +wound it around the spindle. On the roofs there were rampart walks +for sentry patrols and parapets from which to shoot arrows or +throw things at besiegers. Each tenant of the demesne of the king +where he had a castle had to perform a certain amount of castle- +guard duty for its continuing defense. These knights performing +castle-guard duty slept at their posts. Bathing was done in a +wooden tub located in the garden in the summer and indoors near +the fire in winter. The great bed and tub for bathing were taken +on trips with the lord. The entire household was of men, except +for the lord's lady with a few lady companions; otherwise the +entire household was of men. The ladies rode pillion [on a cushion +behind the saddle] or in litters suspended between two horses. + +Markets grew up outside castle walls. Any trade on a lord's land +was subject to "passage", a payment on goods passing through, +"stallage", a payment for setting up a stall or booth in a market, +and "pontage", a payment for taking goods across a bridge. + +The Norman man was clean-shaven on his face and around his ears +and at the nape of the neck. His hair was short. He wore a long- +sleeved under-tunic of linen or wool that reached to his ankles. +Over this the Norman noble wore a tunic without sleeves, open at +the sides, and fastened with a belt. Over one shoulder was his +cloak, which was fastened on the opposite shoulder by being drawn +through a ring brooch and knotted. He wore tight thick cloth +stockings to protect him from the mud and leather shoes. Common +men wore durable, but drab, wool tunics to the knee so as not to +impede them in their work. They could roll up their stockings when +working in the fields. A lady also wore a high-necked, long- +sleeved linen or wool tunic fitted at the waist and laced at the +side, but full in the skirt, which reached to her toes. She wore a +jeweled belt, passed twice around her waist and knotted in front. +Her hair was often in two long braids, and her head and ears +covered with a white round cloth held in place by a metal circlet +like a small crown. Its ends were wound around her neck. In +winter, she wore over her tunic a cloak edged or lined with fur +and fastened at the front with a cord. Clothes of both men and +ladies were brightly colored by dyes or embroidery. The Norman +knight wore an over-tunic of leather or heavy linen on which were +sewn flat rings of iron and a conical iron helmet with nose cover. +He wore a sword at his waist and a metal shield on his back, or he +wore his sword and his accompanying retainers carried spear and +shield. + +Norman customs were adopted by the nation. As a whole, Anglo-Saxon +men shaved their beards and whiskers from their faces, but they +kept their custom of long hair flowing from their heads. But a few +kept their whiskers and beards in protest of the Normans. Everyone +had a permanent surname indicating parentage, place of birth, or +residence, such as Field, Pitt, Lane, Bridge, Ford, Stone, Burn, +Church, Hill, Brook, Green. Other names came from occupations such +as Shepherd, Carter, Parker, Fowler, Hunter, Forester, Smith. +Still other came from personal characteristics such as Black, +Brown, and White, Short, Round, and Long. Some took their names +from animals such as Wolf, Fox, Lamb, Bull, Hogg, Sparrow, Crow, +and Swan. Others were called after the men they served, such as +King, Bishop, Abbot, Prior, Knight. A man's surname was passed on +to his son. + +Those few coerls whose land was not taken by a baron remained free +and held their land "in socage" and became known as sokemen. They +were not fighting men, and did not give homage, but might give +fealty, i.e. fidelity. Many free sokemen were caught up in the +subjugation by baron landlords and were reduced almost to the +condition of the unfree villein. The services they performed for +their lords were often indistinguishable. They might also hold +their land by villein tenure, although free as a person with the +legal rights of a freeman. The freeman still had a place in court +proceedings which the unfree villein did not. + +Great stone cathedrals were built in fortified towns for the +Conquerer's Norman bishops, who replaced the English bishops. Most +of the existing and new monasteries functioned as training grounds +for scholars, bishops, and statesmen rather than as retreats from +the world's problems to the security of religious observance. The +number of monks grew as the best minds were recruited into the +monasteries. + +The Conquerer made the church subordinate to him. Bishops were +elected only subject to the King's consent. The bishops had to +accept the status of barons. Homage was exacted from them before +they were consecrated, and fealty and an oath afterward. The +Conquerer imposed knight's service on bishoprics, abbeys, and +monasteries, which was usually commuted to a monetary amount. +Bishops had to attend the King's court. Bishops could not leave +the realm without the King's consent. No royal tenant or royal +servant could be excommunicated, nor his lands be placed under +interdict, without the King's consent. Interdict could demand, for +instance, that the church be closed and the dead buried in +unconsecrated ground. No church rules could be made without his +agreement to their terms. No letters from the pope could be +received without the King's permission. The Archbishop of +Canterbury was still recognized as a primary advisor to the king. +Over the years, the selection for this office frequently became a +source of contention among king, pope, and clergy. + +Men continued to give land to the church for their souls, such as +this grant which started the town of Sandwich: "William, King of +the English, to Lanfranc the Archbishop and Hugoni de Montfort and +Richard son of Earl Gilbert and Haimo the sheriff and all the +thegns of Kent, French and English, greeting. Know ye that the +Bishop of Bayeux my brother for the love of God and for the +salvation of my soul and his own, has given to St. Trinity all +houses with their appurtenances which he has at Sandwich and that +he has given what he has given by my license." Many private owners +of churches gave them to cathedrals or monastic communities, +partly to ensure their long-term survival, and partly because of +church pressure. + +When the land was all divided out, the barons had about 3/7 of it +and the church about 2/7. Most of the barons had been royal +servants. The king retained about 2/7, including forests for +hunting, for himself and his family and household, on which he +built many royal castles and hundreds of manor [large private +estate headed by a lord] houses throughout the nation. He built +the massive White Tower in London. It was tall with four turrets +on top, and commanded a view of the river and bridge, the city and +the surrounding countryside. The only windows were slits from +which arrows could be shot. On the fourth and top floor was the +council chamber and the gallery of the chapel. On the third floor +was the banqueting hall, the sword room, and the chapel. The king +and his household slept in apartments on these upper floors. +Stairs went up to the gateway entrance on the second floor, which +were hidden by a wall. The garrison's barracks were on the first +floor (ground floor). Any prisoners were kept in cells at a level +below the first floor. The other castles were often built at the +old fortification burhs of Alfred. Each had a constable in charge, +who was a baron. Barons and earls had castle-guard duty in the +king's castles. The Conquerer was constantly moving about the land +among his and his barons' castles, where he met with his magnates +and conducted public business, such as deciding disputes about +holding of land. Near his own castles and other of his property, +he designated many areas as royal hunting forests. Anyone who +killed a deer in these forests was mutilated, for instance by +blinding. People living within the boundaries of the designated +forestland could no longer go into nearby woods to get meat or +honey, dead wood for firing, or live wood for building. Swineherds +could no longer drive pigs into these woods to eat acorns they +beat down from oak trees. Making clearings and grazing livestock +in the designated forestland were prohibited. Most of the nation +was either wooded or bog at this time. + +London was a walled town of one and two story houses made of mud, +twigs, and straw, with thatched roofs. It included a bundle of +communities, townships, parishes, and lordships. There were +churches, a goods market, a fish market, quays on the river, and a +bridge over the river. Streets probably named by this time include +Bread Street, Milk Street, Honey Lane, Wood Street, and Ironmonger +Lane. Fairs and games were held outside the town walls in a field +called "Smithfield". The great citizens had the land +qualifications of knights and ranked as barons on the Conquerer's +council. The freemen were a small percentage of London's +population. There was a butchers' guild, a pepperers' guild, a +goldsmiths' guild, the guild of St. Lazarus, which was probably a +leper charity (of which there were many in the 1000s and 1100s), +the Pilgrims' guild, which helped people going on pilgrimages, and +four bridge guilds, probably for keeping the wooden London Bridge +in repair. Men told the time by sundials, some of which were +portable and could be carried in one's pocket. London could defend +itself, and a ringing of the bell of St. Paul's Church could shut +every shop and fill the streets with armed horsemen and soldiers +led by a soldier portreeve. Across the Thames from London on its +south side was Southwark, a small trading and fishing settlement. + +The Conquerer did not interfere with landholding in London, but +recognized its independence as a borough in this writ: "William +the King greets William, Bishop of London, and Gosfrith the +portreeve, and all the burgesses [citizens] of London friendly. +Know that I will that you be worthy of all the laws you were +worthy of in the time of King Edward. And I will that every child +shall be his father's heir after his father's day. And I will not +suffer any man to do you wrong. God preserve you." The Norman word +"mayor" replaced "portreeve". + +So London was not subjected to the Norman feudal system. It had +neither villeins nor slaves. Whenever Kings asserted authority +over it, the citizens reacted until the king "granted" a charter +reaffirming the freedoms of the city and its independence. + +Under pressure from the ecclesiastical judges, the Conquerer +replaced the death penalty by that of the mutilation of blinding, +chopping off hands, and castrating offenders. Castration was the +punishment for rape. But these mutilations usually led to a slow +death by gangrene. + +The Normans used the Anglo-Saxon concepts of jurisdictional +powers. Thus when the Conquerer confirmed "customs" to the abbot +of Ely, these were understood to include the following: 1) sac and +soke - the right to hold a court of private jurisdiction and enjoy +its profits, 2) toll - a payment in towns, markets, and fairs for +goods and chattel bought and sold, 3) team - persons might be +vouched to warranty in the court, the grant of which made a court +capable of hearing suits arising from the transfer of land, 4) +infangenthef - right of trying and executing thieves on one's +land, 4) hamsocne, 5) grithbrice - violation of the grantees' +special peace, for instance that of the sheriff, 6) fightwite - +fine for a general breach of the peace, 7) fyrdwite - fine for +failure to appear in the fyrd. + +Every shire, now called "county", had at least one burh, or +defensible town. Kings had appointed a royal moneyer in each to +mint silver coins such as pennies for local use. On one side was +the King's head in profile and on the other side was the name of +the moneyer. When a new coinage was issued, all moneyers had to go +to London to get the new dies. The Conquerer's head faced +frontally on his dies, instead of the usual profile used by former +Kings. + +The Conquerer held and presided over his council three times a +year, as was the custom, at Easter, Christmas, and Whitsuntide, +which coincided with the great Christian festivals. This was an +advisory council and consisted of the Conquerer's wife and sons, +earls, barons, knights, officers of the King's household, +archbishops, and bishops. It replaced the witen of wise men. It +dealt with fundamental matters of law, state, war, and church. Its +functions were largely ceremonial. Earldoms and knighthoods were +conferred and homages to the king were witnessed. Bishops were +nominated. Attendance at the council, like attendance at courts, +was regarded as a burden rather than a privilege. The Conquerer's +will was the motive force which under lay all the council's +action. When it was administering royal justice, it was called the +Royal Court.. + +The Justiciar was the head of all legal matters and he or the +Conquerer's wife represented the King at the Royal Court in his +absence from the realm. The chamberlain was a financial officer of +the household; his work was rather that of auditor or accountant. +The Chancellor headed the Chancery and the chapel. Other household +offices were steward, butler, constable, and marshall. The +Treasurer was responsible for the collection and distribution of +revenue and was the keeper of the royal treasure at the palace at +Winchester. He was also an important member of the household and +sat in the Exchequer at Westminster, where he received the +accounts of the sheriffs. The Exchequer was composed of the +justiciar as head, the chancellor, the constable, two +chamberlains, the marshall and other experienced councilors. The +word "Exchequer" came from the chequered cloth on the table used +to calculate in Roman numerals the amount due and the amount paid. +The word "calculate" derives from the word "calculi", meaning +peebles. It was a kind of abacus. The Exchequer received yearly +from the sheriffs of the counties taxes, fines, treasure trove, +goods from wrecks, deodands, and movable property of felons, of +persons executed, of fugitives, and of outlaws due to the Crown. +The Conqueror presided yearly over feasts involving several +thousand guests at Westminster Hall, which was 250 feet by 70 feet +with a high ceiling, the largest hall in England. + +The Conquerer's reign was a time of tentative expedients and +simple solutions. He administered by issuing writs with commands +or prohibitions. These were read aloud by the sheriffs in the +county courts and other locations. Administration was by the +personal servants of his royal household, such as the chancellor, +chamberlain, constable, marshalls, steward, and butler. The +language of government changed to Latin. The chancellor was from +the clergy and supervised the writers and clerks, who were +literate, and appended the great seal before witnesses to +documents. He also headed the staff of the royal chapel. The +chamberlain was a financial officer who audited and accounted. The +constable was responsible for supplies for the knights of the +royal household. He also supervised the care of horses, hounds, +hawks, and huntsmen, houndsmen, and foresters. The marshalls came +from less important families than the constable and they preserved +order in the king's hall and recorded expenditures of the +household officers on tallies. The steward was a great baron whose +duties were chiefly ceremonial, such as placing the dishes before +the king at banquets. + +Sheriffs became powerful figures as the primary agents for +enforcing royal edicts. There was no longer supervision of them by +earls nor influence on them by bishops. They were customarily +prominent barons. They collected the royal taxes, executed royal +justice, and presided over and controlled the hundred and county +courts. They were responsible for remitting a certain sum +annually. If a sheriff received more than necessary, he retained +the difference as his lawful profit of office. If he received less +than necessary, he had to make up the difference from his own +pocket. Before rendering theis account, he paid the royal +benefactions to religious houses, provided for the maintenance of +stock on crown lands, paid for the costs of provisions supplied to +the court, and paid for travelling expenses of the king and his +visitors. The payments were initially paid in kind: e.g. grain, +cattle, horses, hounds, and hawks. Sheriffs also took part in the +keeping of castles and often managed the estates of the King. Most +royal writs were addressed to the sheriff and county courts. They +also led the county militia in time of war or rebellion. At times, +a sheriff usurped royal rights, used royal estates for his own +purposes, encroached on private land and rights, extorted money, +and collected revenues only for his own pockets. Over the +centuries, there was much competition for the authority to select +the king, 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. Also, the powers of the sheriffs slowly declined. + +Royal income came from customary dues, profits of coinage and of +justice, and revenues from the King's own estates. For war, there +was no change in the custom that a man with five hides of land was +required to furnish one heavy-armed horseman for forty days +service in a year. The fyrd was retained. A threat of a Viking +invasion caused the Conquerer to reinstate the danegeld tax at 6s. +per hide, which was three times its old rate. (The price of an ox +was still about 30d.) To impose this tax uniformly, he sent +commissioners to conduct surveys by sworn verdicts of appointed +groups of local men. A detailed survey of land holdings and the +productive worth of each was made in 1086. The English called it +the "Doomsday Book" because there was no appeal from it. + +The survey revealed, for instance, that one estate had "on the +home farm five plough teams: there are also 25 villeins and 6 +cotters with 14 teams among them. There is a mill worth 2s. a year +and one fishery, a church and four acres of meadow, wood for 150 +pigs and two stone quarries, each worth 2s. a year, and two nests +of hawks in the wood and 10 slaves." This estate was deemed to be +worth 480s. a year. + +Laxton "had 2 carucates of land [assessed] to the geld. [There is] +land for 6 ploughs. There Walter, a man of [the lord] Geoffrey +Alselin's has 1 plough and 22 villeins and 7 bordars [a bordar had +a cottage and a small amount land in return for supplying small +provisions to his lord] having 5 ploughs and 5 serfs and 1 female +serf and 40 acres of meadow. Wood [land] for pannage [foraging by +pigs] 1 league in length and half a league in breadth. In King +Edward's time it was worth 9 pounds; now [it is worth] 6 pounds." + +Ilbert de Laci has now this land, where he has twelve ploughs in +the demesne; and forty-eight villani, and twelve bordars with +fifteen ploughs, and three churches and three priests, and three +mills of ten shillings. Wood pastures two miles long, and one +broad. The whole manor five miles long and two broad. Value in +King Edward's time sixteen pounds, the same now. + +That manor of the town of Coventry which was individually held was +that of the Countess of Coventry, who was the wife of the earl of +Mercia. "The Countess held in Coventry. There are 5 hides. The +arable land employs 20 ploughs. In the demesne lands there are 3 +ploughs and 7 bondmen. There are 50 villeins and 12 bordars with +20 ploughs. The mill there pay[s] 3 shillings. The woodlands are 2 +miles long and the same broad. In King Edward's time and +afterwards, it was worth 22 pounds [440 s.], now only 11 pounds by +weight. These lands of the Countess Godiva Nicholas holds to farm +of the King." + +The survey shows a few manors and monasteries owned a salt-house +or salt-pit in the local saltworks, from which they were entitled +to obtain salt. + +In total there were about 110,000 villani [former coerls regarded +as customary, irremovable cultivator tenants]; 82,000 bordarii; +7,000 cotarii and cotseti [held land by service of labor or rent +paid in produce], and 25,000 servi [landless laborers]. There are +no more theows. + +In the nation, there was a total of about 25,000 servi [landless +laborers], over 82,000 borderii, nearly 7,000 coatarii and cotseti +[held land or houses by service of labor or rent paid in produce], +and nearly 110,000 villani. This survey resulted in the first +national tax system of about 6s. per hide of land. + +The survey also provided the Conquerer with a summary of customs +of areas. For instance, in Oxfordshire, "Anyone breaking the +King's peace given under his hand and seal to the extent of +committing homicide shall be at the King's mercy in respect of his +life and members. That is if he be captured. And if he cannot be +captured, he shall be considered as an outlaw, and anyone who +kills him shall have all his possessions. The king shall take the +possessions of any stranger who has elected to live in Oxford and +who dies in possession of a house in that town, and without any +kinfolk. The king shall be entitled to the body and the +possessions of any man who kills another within his own court or +house excepting always the dower of his wife, if he has a wife who +has received dower. + +The courts of the king and barons became schools of chivalry +wherein seven year old noble boys became as pages or valets, wore +a dagger and waited upon the ladies of the household. At age +fourteen, they were advanced to squires and admitted into more +familiar association with the knights and ladies of the court. +They perfected their skills in dancing, riding, fencing, hawking, +hunting, jousting, and engaged in team sports in which the goal +was to put the other side to rout. They learned the knightly art +of war. Enemy fighters were to be taken and held for ransom rather +than killed. Those engaging in rebellion were to be pardoned and +restored to some or all of their lands and titles. Lords' sons +could be mutually exchanged with an enemy's as security for peace. +After achieving knighthood, a man usually selected a wife from the +court at which he grew up. Parents tried to send their daughters +to a household superior in social status not only to learn +manners, but to make a good marriage. A girl who did not marry was +often sent to a nunnery; a dowry was necessary before her +acceptance. + +The following incidents of land tenure began (but were not firmly +established until the reign of Henry II). Each tenant, whether +baron or subtenant, was to pay an "aid" in money for ransom if his +lord was captured in war, for the knighthood of his lord's eldest +son, and for the marriage of his lord's eldest daughter. The aid +was theoretically voluntary. Land could be held by an heir only if +he could fight. The eldest son began to succeed to the whole of +the lands in all military tenures. Younger sons of great houses +became bishops. An heir of a tenant had to pay a heavy "relief" on +succession to his estate. The relief replaced the heriot. If there +was a delay in proving heirship or paying relief, the lord would +hold the land and receive its income in the meantime, often a +year. If an heir was still a minor or female, he or she passed +into his lord's wardship, in which the lord had guardianship of +the heir and possession of the estate, with all its profits. The +mother was not made a minor's guardian. No longer was the estate +protected by the minor's kin as his birthright. A female heir was +expected to marry a man acceptable to the lord. The estate of an +heiress and her land was generally sold to the highest bidder. If +there were no heirs, the land escheated to the lord. If a tenant +committed felony, his land escheated to his lord. The word +"felony" came from the Latin word meaning "to deceive" and +referred to the feudal crime of betraying or committing treachery +against one's lord. + +Astrologers resided with the families of the barons. People went +to fortune tellers' shops. There was horse racing, steeple races, +and chess for recreation. Girls had dolls; boys had toy soldiers, +spinning tops, toy horses, ships, and wooden models. + +The state of medicine is indicated by this medical advice brought +to the nation by William's son after treatment on the continent: + +"If thou would have health and vigor Shun cares and avoid anger. +Be temperate in eating And in the use of wine. After a heavy meal +Rise and take the air Sleep not with an overloaded stomach And +above all thou must Respond to Nature when she calls." + +The Conquerer allowed Jewish traders to follow him from Normandy +and settle in separate sections of the main towns. Then engaged in +long-distance trade, money-changing, and money-lending. They +loaned money for interest for the building of castles and +cathedrals. Christians were not allowed by the church to engage in +this usury. The Jews could not become citizens nor could they have +standing in the local courts. Instead, a royal justiciar secured +justice for them. They could practice their own religion. + +William the Conquerer was succeeded as king by his son William II +(Rufus), who transgressed many of the customs of the nation to get +more money for himself. He was killed by an arrow of a fellow +hunter while they and William's younger brother Henry were hunting +together in a crown forest. Henry then became king. + + + + - The Law - + +The Norman conquerors brought no written law, but affirmed the +laws of the nation. Two they especially enforced were: + +Anyone caught in the act of digging up the King's road, felling a +tree across it, or attacking someone so that his blood spilled on +it shall pay a fine to the King. + +All freemen shall have a surety who would hand him over to justice +for his offenses or pay the damages or fines due. If an accused +man fled, his surety would have a year to find him to obtain +reimbursement. + +The Conquerer proclaimed that: + +No cattle shall be sold except in towns and before three +witnesses. + +For the sale of ancient chattels, there must be a surety and a +warrantor. + +No man shall be sold over the sea. (This ended the slave trade at +the port of Bristol.) + +The death penalty for persons tried by court is abolished. + + + + - Judicial Procedure - + +"Ecclesiastical" courts were created for bishops to preside over +cases concerning the cure of souls and criminal cases, in which +the ordeal was used. When the Conquerer did not preside over this +court, an appeal could be made to him. + +The hundred and county courts now sat without clergy and handled +only "civil" cases. They were conducted by the King's own +appointed sheriff. Only freemen and not bound villeins had +standing in this court. They continued to transact their business +in the English language. + +The local jurisdictions of thegns who had grants of sac and soke +or who exercised judicial functions among their free neighbors +were now called "manors" under their new owners, who conducted a +manor court. + +The Conquerer's Royal Court was called the "Curia Regis". When the +Conquerer wished to determine the national laws, he summoned +twelve elected representatives of each county to declare on oath +the ancient lawful customs and law as they existed in the time of +the popular King Edward the Confessor. The recording of this law +was begun. A person could spend months trying to catch up with the +Royal Court to present a case. Sometimes the Conquerer sent the +justiciar or commissioners to hold his Royal Court in the various +districts. The commissioner appointed groups of local men to give +a collective verdict upon oath for each trial he conducted. The +Conquerer allowed, on an ad hoc basis, certain high-level people +such as bishops and abbots and those who made a large payment, to +have land disputes decided by an inquiry of recognitors. Besides +royal issues, the Curia Regis heard appeals from lower court +decisions. It used English, Norman, feudal, Roman, and canon law +legal principles to reach a decision, and was flexible and +expeditious. + +A dispute between a Norman and an English man over land or a +criminal act could be decided by trial by combat [battle]. Each +combatant first swore to the truth of his cause and undertook to +prove by his body the truth of his cause by making the other +surrender by crying "craven" [craving forgiveness]. The combatants +used weapons like pick-axes and shields. Presumably the man in the +wrong would not fight as well because he was burdened with a +guilty conscience. Although this trial was thought to reflect +God's will, it favored the physically fit and adept person. After +losing the trial by combat, the guilty person would be punished +appropriately. + +London had its own traditions. All London citizens met at its +folkmoot, which was held three times a year to determine its +public officers, to raise matters of public concern, and to make +ordinances. Its criminal court had the power of outlawry as did +the county courts. Trade, land, and other civil issues were dealt +with by the Hustings Court, which met every Monday in the +Guildhall. The city was divided into wards, each of which was +under the charge of an elected alderman [elder man]. (The election +was by a small governing body and the most wealthy and reputable +men and not a popular election.) The aldermen had special +knowledge of the law and a duty to declare it at the Hustings +Court. Each alderman also conducted wardmoots in his ward and +decided criminal and civil issues between its residents. Within +the wards were the guilds of the city. + +The Normans, as foreigners, were protected by the king's peace. +The entire hundred was the ultimate surety for murder and would +have to pay a "murdrum" fine of 31 pounds [46 marks] for the +murder of any Norman, if the murderer was not apprehended by his +lord within a few days. The reaction to this was that the murderer +mutilated the corpse to make identification of ethnicity +impossible. So the Conquerer ordered that every murder victim was +assumed to be Norman unless proven English. This began a court +custom in murder cases of first proving the victim to be English. + +The Royal Court decided this case: "At length both parties were +summoned before the King's court, in which there sat many of the +nobles of the land of whom Geoffrey, bishop of Coutances, was +delegated by the King's authority as judge of the dispute, with +Ranulf the Vicomte, Neel, son of Neel, Robert de Usepont, and many +other capable judges who diligently and fully examined the origin +of the dispute, and delivered judgment that the mill ought to +belong to St. Michael and his monks forever. The most victorious +King William approved and confirmed this decision." + + + + + + - - - Chapter 5 - - - + + + + - The Times: 1100-1154 - + +King Henry I, son of William the Conquerer, furthered peace +between the Normans and native English by his marriage to a niece +of King Edward the Confessor called Matilda. She married him on +condition that he grant a charter of rights undoing some practices +of the past reigns of William I and William II. Peace was also +furthered by the fact that Henry I had been born in England and +English was his native tongue. The private wars of lords were now +replaced by less serious mock battles. + +Henry was a shrewd judge of character and of the course of events, +cautious before taking action, but decisive in carrying out his +plans. He was faithful and generous to his friends. He showed a +strong practical element of calculation and foresight. Although +illiterate, he was intelligent and a good administrator. He had an +efficient intelligence gathering network and an uncanny knack of +detecting hidden plans before they became conspiratorial action. +He made many able men of inferior social position nobles, thus +creating a class of career judges and administrators in opposition +to the extant hereditary aristocracy. He loved books and built a +palace at Oxford to which he invited scholars for lively +discussion. + +Queen Matilda served as regent of the kingdom in Henry's absence, +as William's queen had for him. Both queens received special +coronation apart from their husbands; they held considerable +estates which they administered through their own officers, and +were frequently composed of escheated honors. Matilda was learned +and a literary patron. She founded an important literary and +scholastic center. Her compassion was great and her charities +extensive. In London she founded several almshouses and a care- +giving infirmary for lepers. These were next to small monastic +communities. She also had new roads and bridges built. + +Henry issued charters restoring customs which had been +subordinated to royal impositions by previous Kings, which set a +precedent for later Kings. His coronation charter describes +certain property rights he restored after the oppressive reign of +his brother. + +"Henry, King of the English, to Samson the bishop, and Urse of +Abbetot, and to all his barons and faithful vassals, both French +and English, in Worcestershire, greeting. + +[1.] Know that by the mercy of God and by the common + counsel of the barons of the whole kingdom of England I have + been crowned king of this realm. And because the kingdom has + been oppressed by unjust exactions, I now, being moved by + reverence towards God and by the love I bear you all, make + free the Church of God; so that I will neither sell nor + lease its property; nor on the death of an archbishop or a + bishop or an abbot will I take anything from the demesne of + the Church or from its vassals during the period which + elapses before a successor is installed. I abolish all the + evil customs by which the kingdom of England has been + unjustly oppressed. Some of those evil customs are here set + forth. + +[2.] If any of my barons or of my earls or of any other of + my tenants shall die his heir shall not redeem his land as + he was wont to do in the time of my brother [William II + (Rufus)], but he shall henceforth redeem it by means of a + just and lawful 'relief`. Similarly the men of my barons + shall redeem their lands from their lords by means of a just + and lawful 'relief`. + +[3.] If any of my barons or of my tenants shall wish to give + in marriage his daughter or his sister or his niece or his + cousin, he shall consult me about the matter; but I will + neither seek payment for my consent, nor will I refuse my + permission, unless he wishes to give her in marriage to one + of my enemies. And if, on the death of one of my barons or + of one of my tenants, a daughter should be his heir, I will + dispose of her in marriage and of her lands according to the + counsel given me by my barons. And if the wife of one of my + tenants shall survive her husband and be without children, + she shall have her dower and her marriage portion [that + given to her by her father], and I will not give her in + marriage unless she herself consents. + +[4.] If a widow survives with children under age, she shall + have her dower and her marriage portion, so long as she + keeps her body chaste; and I will not give her in marriage + except with her consent. And the guardian of the land, and + of the children, shall be either the widow or another of + their relations, as may seem more proper. And I order that + my barons shall act likewise towards the sons and daughters + and widows of their men. + +[5.] I utterly forbid that the common mintage [a forced levy + to prevent loss to the King from depreciation of the + coinage], which has been taken from the towns and counties, + shall henceforth be levied, since it was not so levied in + the time of King Edward [the Confessor]. If any moneyer or + other person be taken with false money in his possession, + let true justice be visited upon him. + +[6.] I forgive all pleas and all debts which were owing to + my brother [William II], except my own proper dues, and + except those things which were agreed to belong to the + inheritance of others, or to concern the property which + justly belonged to others. And if anyone had promised + anything for his heritage, I remit it, and I also remit all + 'reliefs' which were promised for direct inheritance. + +[7.] If any of my barons or of my men, being ill, shall give + away or bequeath his movable property, I will allow that it + shall be bestowed according to his desires. But if, + prevented either by violence or through sickness, he shall + die intestate as far as concerns his movable property, his + widow or his children, or his relatives or one his true men + shall make such division for the sake of his soul, as may + seem best to them. + +[8.] If any of my barons or of my men shall incur a forfeit, + he shall not be compelled to pledge his movable property to + an unlimited amount, as was done in the time of my father + [William I] and my brother; but he shall only make payment + according to the extent of his legal forfeiture, as was done + before the time of my father and in the time of my earlier + predecessors. Nevertheless, if he be convicted of breach of + faith or of crime, he shall suffer such penalty as is just. + +[9.] I remit all murder-fines which were incurred before the + day on which I was crowned King; and such murder-fines as + shall now be incurred shall be paid justly according to the + law of King Edward [by sureties]. + +[10.] By the common counsel of my barons I have retained the + forests in my own hands as my father did before me. + +[11.] The knights, who in return for their estates perform + military service equipped with a hauberk [long coat] of + mail, shall hold their demesne lands quit of all gelds + [money payments] and all work; I make this concession as my + own free gift in order that, being thus relieved of so great + a burden, they may furnish themselves so well with horses + and arms that they may be properly equipped to discharge my + service and to defend my kingdom. + +[12.] I establish a firm peace in all my kingdom, and I + order that this peace shall henceforth be kept. + +[13.] I restore to you the law of King Edward together with + such emendations to it as my father [William I] made with + the counsel of his barons. + +[14.] If since the death of my brother, King William [II], + anyone shall have seized any of my property, or the property + of any other man, let him speedily return the whole of it. + If he does this no penalty will be exacted, but if he + retains any part of it he shall, when discovered, pay a + heavy penalty to me. + + Witness: Maurice, bishop of London; William, bishop-elect of + Winchester; Gerard, bishop of Herefore; Henry the earl; Simon the + earl; Walter Giffard; Robert of Montfort-sur-Risle; Roger Bigot; + Eudo the steward; Robert, son of Haimo; and Robert Malet. + + At London when I was crowned. Farewell." + +Henry took these promises seriously, which resulted in peace and +justice. Royal justice became a force to be reckoned with by the +multiplication of justices. Henry had a great respect for legality +and the forms of judicial action. He became known as the "Lion of +Justice". + +The payment of queen's gold, that is of a mark of gold to the +queen out of every hundred marks of silver paid, in the way of +fine or other feudal incident, to the king, probably dates from +Henry I's reign. + +A woman could inherit a fief if she married. The primary way for a +man to acquire control of land was to marry an heiress. If a man +were in a lower station than she was, he had to pay for his new +social status as well as have royal permission. A man could also +be awarded land which had escheated to the King. If a noble woman +wanted to hold land in her own right, she had to make a payment to +the King. Many widows bought their freedom from guardianship or +remarriage from the King. Women whose husbands were at war also +ran the land of their husbands. + +Barons were lords of large holdings of farmland called "manors". +Many of the lesser barons left their dark castles to live in semi- +fortified stone houses, which usually were of two rooms with rug +hangings for drafts, as well as the sparse furniture that had been +common to the castle. There were shuttered windows to allow in +light, but which also let in the wind and rain when open. The roof +was of thatch or narrow overlapping wood shingles. The stone floor +was strewn with hay and there was a hearth near the center of the +floor, with a louvered smoke hole in the timber roof for escape of +smoke. There were barns for grain and animals. Beyond this area +was a garden, orchard, and sometimes a vineyard. The area was +circumscribed by a moat over which there was a drawbridge to a +gatehouse. + +The smaller room was the lord and lady's bedroom. It had a +canopied bed, chests for clothing, and wood frames on which +clothes could be hung. Life on the manor revolved around the +larger room, or hall, where the public life of the household was +passed. There, meals were served. The daily diet typically +consisted of milk, soup, porridge, fish, vegetables, and bread. +Open hospitality accompanied this communal living. There was +little privacy. Manor household villeins carried the lord's +sheaves of grain to the manor barn, shore his sheep, malted his +grain, and chopped wood for his fire. At night some slept on the +floor of the hall. Others, who were cottars and bordars, had their +own dwellings nearby. + +The manor house of lesser lords or knights was still built of +wood, although it often had a stone foundation. + +About 35% of the land was arable land, about 25% was common +pasture land (for grazing only) or meadow land (near a stream or +river and used for hay or grazing), and about 15% was woodland. +There were these types of land and wasteland on each manor. The +arable land was allotted to the villeins in strips to equalize the +best and worst land and their distance from the village where the +villeins lived. There was three-way rotation of wheat or rye, oats +or barley, and fallow land. Cows, pigs, sheep, and fowl were kept. +The meadow was allocated for hay for the lord's household and each +villein's. The villeins held land of their lord for various +services such as agricultural labor or raising domestic animals. +The villeins worked about half of their time on their lord's +fields [his demesne land], which was about a third of the +farmland. This work was primarily to gather the harvest and to +plough with oxen, using a yoke over their shoulders, and to sow in +autumn and Lent. They threshed grain on barn floors with flails +cut from holly or thorn, and removed the kernels from the shafts +by hand. Work lasted from sunrise to sunset and included women and +children. The older children could herd geese and pigs, and set +snares for rabbits. The young children could gather nuts and +berries in season and other wild edibles, and could pick up little +tufts of wool shed by sheep. The old could stay in the hut and +mind the children, keep the fire going and the black pot boiling, +sew, spin, patch clothes, and cobble shoes. The old often suffered +from rheumatism. Many people had bronchitis. Many children died of +croup [inflammation of the respiratory passages]. Life expectancy +was probably below thirty-five. + +The villein retained his customary rights, his house and land and +rights of wood and hay, and his right in the common land of his +township. Customary ways were maintained. The villeins of a manor +elected a reeve to communicate their interests to their lord, +usually through a bailiff, who directed the labor. Sometimes there +was a steward in charge of several of a lord's manors, who also +held the manorial court for the lord. The steward held his land of +the lord by serjeanty, which was a specific service to the lord. +Other serjeanty services were carrying the lord's shield and arms, +finding attendants and esquires for knights, helping in the lord's +hunting expeditions, looking after his hounds, bringing fuel, +doing carpentry, and forging irons for ploughs. The Woodward +preserved the timber. The Messer supervised the harvesting. The +Hayward removed any fences from the fields after harvest to allow +grazing by cattle and sheep. The Coward, Bullard, and Calvert +tended the cows, bulls, and calves; the Shepherd, the sheep; and +the Swineherds the pigs. The Ponder impounded stray stock. There +were varieties of horses: war horses, riding horses, courier +horses, pack horses, and plough horses. + +The majority of manors were co-extensive with a single village. +The villeins lived in the village in one-room huts enclosed by a +wood fence, hedge, or stone wall. In this yard was a garden of +onions, leeks, mustard, peas, beans, parsley, garlic, herbs, and +cabbage and apple, pear, cherry, quince, and plum trees, and bee- +hives. The hut had a high-pitched roof thatched with reeds or +straw and low eaves reaching almost to the ground. The walls are +built of wood-framing overlaid with mud or plaster. Narrow slits +in the walls serve as windows, which have shutters and are +sometimes covered with coarse cloth. The floor is dirt and may be +covered with straw or rushes for warmth, but usually no hearth. In +the middle is a wood fire burning on a hearthstone, which was lit +by making a spark by striking flint and iron together. The smoke +rose through a hole in the roof. At one end of the hut was the +family living area, where the family ate on a collapsible trestle +table with stools or benches. Their usual food was beans and peas, +oatmeal gruel, butter, cheese, vegetables, honey, rough bread made +from a mixture of wheat, barley, and rye flour, herrings or other +salt fish, and some salted or smoked bacon. Butter had first been +used for cooking and as a medicine to cure constipation and for +puny children it could be salted down for the winter. The bread +had been roasted on the stones of the fire; later there were +communal ovens set up in villages. Cooking was done over the fire +by boiling in iron pots hung from an iron tripod, or sitting on +the hot stones of the fire. They ate from wood bowls using a wood +spoon. When they had fresh meat, it could be roasted on a spit. +Liquids were heated in a kettle. With drinking horns, they drank +water, milk, buttermilk, apple cider, mead, ale made from barley +malt, and bean and vegetable broth. They used jars and other +earthenware, e.g. for storage of salt. They slept on straw +mattresses or sacks on the floor or on benches. The villein +regarded his bed area as the safest place in the house, as did +people of all ranks, and kept his treasures there, which included +his farm implements, as well as hens on the beams, roaming pigs, +and stalled oxen, cattle, and horses, which were at the other end +of the hut. Fires were put out at night to guard against fire +burning down the huts. The warmth of the animals then helped make +the hut warm. Around the room are a couple of chests to store +salt, meal, flour, a broom made of birch twigs, some woven +baskets, the distaff and spindle for spinning, and a simple loom +for weaving. All clothes were homemade. They were often coarse, +greasy wool and leather made from their own animals. The man wore +a tunic of coarse linen embroidered on the sleeves and breast, +around with he wore a girdle of rope, leather, or folded cloth. +Sometimes he also wore breeches reaching below the knee. The woman +wore a loose short-sleeved gown, under which was a tight fitting +garment with long loose sleeves, and which was short enough to be +clear of the mud. If they wore shoes, they were clumsy and +patched. Some wore a hood-like cap. For really bad weather, a man +wore on his head a hood with a very elongated point which could be +wrapped around his neck. Sometimes a short cape over the shoulders +was attached. Linen was too expensive for commoners. + +The absence of fresh food during the winter made scurvy prevalent; +in the spring, people eagerly sought "scurvy grass" to eat. +Occasionally there would be an outbreak of a nervous disorder due +to the ergot fungus growing in the rye used for bread. This +manifested itself in apparent madness, frightening hallucinations, +incoherent shouting, hysterical laughing, and constant scratching +of itching and burning sensations. + +The villein and his wife and children worked from daybreak to dusk +in the fields, except for Sundays and holydays. He had certain +land to farm for his own family, but had to have his grain milled +at his lord's mill at the lord's price. He had to retrieve his +wandering cattle from his lord's pound at the lord's price. He was +expected to give a certain portion of his own produce, whether +grain or livestock, to his lord. However, if he fell short, he was +not put off his land. The villein, who worked the farm land as his +ancestor ceorl had, now was so bound to the land that he could not +leave or marry or sell an ox without his lord's consent. If the +manor was sold, the villein was sold as a part of the manor. When +his daughter or son married, he had to pay a "merchet" to his +lord. He could not have a son educated without the lord's +permission, and this usually involved a fee to the lord. His best +beast at his death, or "heriot", went to his lord. If he wanted +permission to live outside the manor, he paid "chevage" yearly. +Woodpenny was a yearly payment for gathering dead wood. Sometimes +a "tallage" payment was taken at the lord's will. The villein's +oldest son usually took his place on his land and followed the +same customs with respect to the lord. For an heir to take his +dead ancestor's land, the lord demanded payment of a "relief", +which was usually the amount of a year's income but sometimes as +much as the heir was willing to pay to have the land. The usual +aids were also expected to be paid. + +A large village also had a smith, a wheelwright, a millwright, a +tiler and thatcher, a shoemaker and tanner, a carpenter wainwright +and carter. + +Markets were about twenty miles apart because a farmer from the +outlying area could then carry his produce to the nearest town and +walk back again in the daylight hours of one day. In this local +market he could buy foodstuffs, livestock, household goods, fuels, +skins, and certain varieties of cloth. + +The cloth was crafted by local weavers, dyers, and fullers. The +weaver lived in a cottage with few and narrow windows with little +furniture. He worked in the main, and sometimes the only, room. +First the raw wool was washed with water at the front door to +remove the grease. Then its fibers were disentangled and made fine +with hand cards with thistle teeth, usually by the children. Then +it was spun by a spinning wheel into thread, usually by the wife. +The threads forming the warp of the fabric were fastened parallel +on a double frame, of which the two ends rose and fell alternately +and were worked by two pedals. To make the weft, the weaver threw +a shuttle between them, from one hand to the other. Since one loom +could provide work for about six spinners, he had his wool spun by +other spinners in their cottages. Sometimes the master weaver had +an apprentice or workman working and living with him, who had free +board and lodging and an annual wage. Then a fuller made the cloth +thick and dense by washing, soaping, beating, and agitating it, +with the use of a community watermill which could be used by +anyone for a fixed payment. The cloth dried through the night on a +rack outside the cottage. The weaver then took his cloth, usually +only one piece, to the weekly market to sell. The weavers stood at +the market holding up their cloth. The cloth merchant who bought +the cloth then had it dyed or dressed according to his +requirements. Its surface could be raised with teazleheads and +cropped or sheared to make a nap. Some cloth was sold to tailors +to make into clothes. Often a weaver had a horse for travel, a cow +for milk, chickens for eggs, perhaps a few cattle, and some +grazing land. Butchers bought, slaughtered, and cut up animals to +sell as meat. Some was sold to cooks, who sold prepared foods. The +hide was bought by the tanner to make into leather. The leather +was sold to shoemakers and glovemakers. Millers bought harvested +grain to make into flour. Flour was sold to bakers to make into +breads. Wood was bought by carpenters and by coopers, who made +barrels, buckets, tubs, and pails. Tilers, oil-makers and rope- +makers also bought raw material to make into finished goods for +sale. Wheelwrights made ploughs, harrows, carts, and later wagons. +Smiths and locksmiths worked over their hot fires. + +Games with dice were sometimes played. In winter, youths ice- +skated with bones fastened to their shoes. They propelled +themselves by striking the ice with staves shod with iron. On +summer holydays, they exercised in leaping, shooting with the bow, +wrestling, throwing stones, and darting a thrown spear. The +maidens danced with timbrels. Since at least 1133, children's toys +included dolls, drums, hobby horses, pop guns, trumpets, and +kites. + +The cold, indoors as well as outdoors, necessitated that people +wear ample and warm garments. Men and women of position dressed in +long full cloaks reaching to their feet, sometimes having short +full sleeves. The cloak generally had a hood and was fastened at +the neck with a brooch. Underneath the cloak was a simple gown +with sleeves tight at the wrist but full at the arm-hole, as if +cut from the same piece of cloth. A girdle or belt was worn at the +waist. When the men were hunting or working, they wore gown and +cloak of knee length. Men wore stockings to the knee and shoes. +The fashion of long hair on men returned. + +The nation grew with the increase of population, the development +of towns, and the growing mechanization of craft industries. There +were watermills for crafts and for supplying and draining water in +all parts of the nation. In flat areas, slow rivers could be +supplemented by creating artifical waterfalls, for which water was +raised to the level of reservoirs. There were also some iron- +smelting furnaces. Coal mining underground began as a family +enterprise. Stone bridges over rivers could accommodate one person +traveling by foot or by horseback and were steep and narrow. The +wheelbarrow came into use to cart materials for building castles +and cathedrals. + +Merchants, who had come from the low end of the knightly class or +high end of the villein class, settled around the open market +areas, where main roads joined. They had plots narrow in frontage +along the road and deep. Their shops faced the road, with living +space behind or above their stores. Town buildings were typically +part stone and part timber as a compromise between fire +precautions and expense. + +Towns, as distinct from villages, had permanent markets. As towns +grew, they paid a fee to obtain a charter for self-government from +the king giving the town judicial and commercial freedom. They +were literate enough to do accounts. So they did their own +valuation of the sum due to the crown so as not to pay the sheriff +any more than that. These various rights were typically expanded +in future times, and the towns received authority to collect the +sum due to the crown rather than the sheriff. This they did by +obtaining a charter renting the town to the burghers at a fee farm +rent equal to the sum thus deducted from the amount due from the +county. Such a town was called a "borough" and its citizens or +landholding freemen "burgesses". To be free of something meant to +have exclusive rights and privileges with respect to it. Selling +wholesale could take place only in a borough. Burgesses were free +to marry. They were not subject to defense except of the borough. +They were exempt from attendance at county and hundred courts. The +king assessed a tallage [ad hoc tax] usually at ten per cent of +property or income. In the boroughs, merchant and manufacturing +guilds controlled prices and assured quality. The head officer of +the guild usually controlled the borough, which excluded rival +merchant guilds. A man might belong to more than one guild, e.g. +one for his trade and another for religion. + +Craft guilds grew up in the towns, such as the tanners at Oxford, +which later merged with the shoemakers into a cordwainers' guild. +There were weavers' guilds in several towns, including London, +which were given royal sanction and protection for annual payments +(twelve pounds of silver for London. They paid an annual tribute +and were given a monopoly of weaving cloth within a radius of +several miles. Guild rules covered attendance of the members at +church services, the promotion of pilgrimages, celebration of +masses for the dead, common meals, relief of poor brethren and +sisters, the hours of labor, the process of manufacture, the wages +of workmen, and technical education. Henry standardized the yard +as the length of his own arm. + +Trades and crafts, each of which had to be licensed, grouped +together by specialty in the town. Cloth-makers, dyers, tanners, +and fullers were near an accessible supply of running water, upon +which their trade depended. Streets were often named by the trade +located there, such as Butcher Row, Pot Row, Cordwainer Row, +Ironmonger Row, Wheeler Row, and Fish Row. Hirers of labor and +sellers of wheat, hay, livestock, dairy products, apples and wine, +meat, poultry, fish and pies, timber and cloth all had a distinct +location. Some young men were apprenticed to craftsmen to assist +them and learn their craft. + +London had at least twenty wards, each governed by its own +alderman. Most of them were named after people. London was ruled +by sixteen families linked by business and marriage ties. These +businesses supplied luxury goods to the rich and included the +goldsmiths [sold cups, dishes, girdles, mirrors, purses knives, +and metal wine containers with handle and spout], vintners [wine +merchants], mercers [sold textiles, haberdashery, combs, mirrors, +knives, toys, spices, ointments, and potions], drapers, and +pepperers, which later merged with the spicers to become the +"grocers", skinners, tanners, shoemakers, woolmen, weavers, +fishmongers, armorers, and swordsmiths. There were bakehouses at +which one could leave raw joints of meat to be cooked and picked +up later. These businesses had in common four fears: royal +interference, foreign competition, displacement by new crafts, and +violence by the poor and escaped villeins who found their way to +the city. When a non-freeholder stayed in London he had to find +for frankpledge, three sureties for good behavior. Failure to do +so was a felony and the ward would eject him to avoid the charge +of harboring him with its heavy fine. The arrival of ships with +cargoes from continental ports and their departure with English +exports was the regular waterside life below London Bridge. Many +foreign merchants lived in London. Imports included timber, hemp, +fish, and furs. There was a fraternal organization of citizens who +had possessed their own lands with sac and soke and other customs +in the days of King Edward. There were public bath-houses, but +they were disreputable. A lady would take an occasional bath in a +half cask in her home. The church warned of evils of exposing the +flesh, even to bathe. + +Middlesex County was London's territory for hunting and farming. +All London craft work was suspended for one month at harvest time. +London received this charter for self-government and freedom from +the financial and judicial organization of the county: + +"Henry, by the grace of God, King of England, to the Archbishop of +Canterbury and the bishops, abbots, earls, barons, justiciars, +sheriffs and all his loyal subjects, both French and English, +throughout the whole of England - greeting. + +1. Be it known to you that I have granted Middlesex to my + citizens of London to be held on lease by them and their + heirs of me and my heirs for 300 pounds paid by tale + [yearly], upon these terms: that the citizens themselves + [may] appoint a sheriff, such as they desire, from among + themselves, and a justiciar, such as they desire, from among + themselves, to safeguard the pleas of my Crown [criminal + cases] and to conduct such pleas. And there shall be no + other justiciar over the men of London. + +2. And the citizens shall not take part in any [civil] case + whatsoever outside the City walls. + + 1) And they shall be exempt from the payment of scot and + danegeld and the murder fine. + + 2) And none of them shall take part in trial by combat. + + 3) And if any of the citizens has become involved in a + plea of the Crown, he shall clear himself, as a citizen of + London, by an oath which has been decreed in the city. + + 4) And no one shall be billeted [lodged in a person's + house by order of the King] within the walls of the city + nor shall hospitality be forcibly exacted for anyone + belonging to my household or to any other. + + 5) And all the citizens of London and all their effects + [goods] shall be exempt and free, both throughout England + and in the seaports, from toll and fees for transit and + market fees and all other dues. + + 6) And the churches and barons and citizens shall have and + hold in peace and security their rights of jurisdiction + [in civil and criminal matters] along with all their dues, + in such a way that lessees who occupy property in + districts under private jurisdiction shall pay dues to no + one except the man to whom the jurisdiction belongs, or to + the official whom he has placed there. + + 7) And a citizen of London shall not be amerced [fined by + a court when the penalty for an offense is not designated + by statute] to forfeiture of a sum greater than his + wergeld, [hereby assessed as] 100 shillings, in a case + involving money. + + 8) And further there shall be no miskenning [false plea + causing a person to be summoned to court] in a husting + [weekly court] or in a folkmoot [meeting of the + community], or in any other court within the City. + + 9) And the Hustings [court] shall sit once a week on + Monday. + + 10) And I assure to my citizens their lands and the + property mortgaged to them and the debts due to them both + within the City and without. + + 11) And with regard to lands about which they have pled in + suit before me, I shall maintain justice on their behalf, + according to the law of the City. + + 12) And if anyone has exacted toll or tax from citizens of + London, the citizens of London within the city shall [have + the right to] seize [by process of law] from the town or + village where the toll or tax was exacted a sum equivalent + to that which the citizen of London gave as toll and hence + sustained as loss. + + 13) And all those who owe debts to citizens shall pay them + or shall clear themselves in London from the charge of + being in debt to them. + + 14) But if they have refused to pay or to come to clear + themselves, then the citizens to whom they are in debt + shall [have the right to] seize [by process of law] their + goods [including those in the hands of a third party, and + bring them] into the city from the [town, village or] + county in which the debtor lives [as pledges to compel + appearance in court]. + + 15) And the citizens shall enjoy as good and full hunting + rights as their ancestors ever did, namely, in the + Chilterns, in Middlesex, and in Surrey. + +Witnessed at Westminster." + +The above right not to take part in any case outside the city +relieved London citizens from the burden of traveling to wherever +the King's court happened to be, the disadvantage of not knowing +local customs, and the difficulty of speaking in the language of +the King's court rather than in English. The right of redress for +tolls exacted was new because the state of the law was that the +property of the inhabitants was liable to the king or superior +lord for the common debt. + +Newcastle-on-Tyne was recognized by the king as having certain +customs, so the following was not called a grant: + +"These are the laws and customs which the burgesses of Newcastle +upon Tyne had in the time of Henry King of England and ought to +have. + +[1] Burgesses can distrain [take property of another until + the other performs his obligation] upon foreigners within, + or without their own market, within or without their own + houses, and within or without their own borough without the + leave of the reeve, unless the county court is being held in + the borough, and unless [the foreigners are] on military + service or guarding the castle. + +[2] A burgess cannot distrain upon a burgess without the + leave of the reeve. + +[3] If a burgess have lent anything of his to a foreigner, + let the debtor restore it in the borough if he admits the + debt, if he denies it, let him justify himself in the + borough. + +[4] Pleas which arise in the borough shall be held and + concluded there, except pleas of the Crown. + +[5] If any burgess be appealed [sued] of any plaint, he + shall not plead without the borough, unless for default of + [the borough] court. + +[6] Nor ought he to answer without day and term, unless he + have fallen into 'miskenning'[error in pleading], except in + matters which pertain to the Crown. + +[7] If a ship have put in at Tynemouth and wishes to depart, + the burgesses may buy what they will [from it]. + +[8] If a plea arise between a burgess and a merchant, it + shall be concluded before the third ebb of the tide. + +[9] Whatever merchandise a ship has brought by sea must be + landed, except salt; and herring ought to be sold in the + ship. + +[10] If any man have held land in burgage for a year and a + day, lawfully and without claim, he shall not answer a + claimant, unless the claimant have been without the realm of + England, or a child not of age to plead. + +[11] If a burgess have a son, he shall be included in his + father's freedom if he be with his father. + +[12] If a villein come to dwell in the borough, and dwell + there a year and a day as a burgess, he shall abide + altogether, unless notice has been given by him or by his + master that he is dwelling for a term. + +[13] If any man appeal [sue] a burgess of any thing, he + cannot do [trial by] battle with the burgess, but the + burgess shall defend himself by his law, unless it be of + treason, whereof he is bound to defend himself by [trial by] + battle. + +[14] Neither can a burgess do [trial by] battle against a + foreigner, unless he first go out of the borough. + +[15] No merchant, unless he be a burgess, may buy [outside] + the town either wool or leather or other merchandise, nor + within the borough except [from] burgesses. + +[16] If a burgess incur forfeit, he shall give six ounces + [10s.] to the reeve. + +[17] In the borough there is no merchet [payment for + marrying off a daughter] nor heriot nor bloodwite [fine for + drawing blood] nor stengesdint [fine for striking with a + stick]. + +[18] Every burgess may have his own oven and hand-mill if he + will, saving the right of the King's oven. + +[19] If a woman be in forfeit for bread or beer, no one + ought to interfere but the reeve. If she forfeit twice, + she shall be chastised by her forfeit. If three times, + let justice be done on her. + +[20] No one but a burgess may buy webs [woven fabrics just + taken off the loom] to dye, nor make nor cut them. + +[21] A burgess may give and sell his land and go whither he + will freely and quietly unless there be a claim against + him." + +The nation produced sufficient iron, but a primitive steel [iron +with carbon added] was imported. It was scarce and expensive. +Steel was used for tools, instruments, weapons and armor. Ships +could carry about 300 people. Navigation was by simple charts that +included wind direction for different seasons and the direction of +north. The direction of the ship could be generally determined +when the sky was clear by the position of the sun during the day +or the north star during the night. + +Plays about miracles wrought by holy men or saints or the +sufferings and fortitude of martyrs were performed, usually at the +great church festivals. Most nobles could read, though writing was +still a specialized craft. There were books on animals, plants, +and stones. The lives of the saints as told in the book "The +Golden Legend" were popular. The story of the early King Arthur +was told in the book "The History of the Kings of England". The +story at this time stressed Arthur as a hero and went as follows: +Arthur became king at age 15. He had an inborn goodness and +generosity as well as courage. He and his knights won battles +against foreign settlers and neighboring clans. Once, he and his +men surrounded a camp of foreigners until they gave up their gold +and silver rather than starve. Arthur married Guenevere and +established a court and retinue. Leaving Britain in the charge of +his nephew Modred, he fought battles on the continent for land to +give to his noblemen who did him service in his household and +fought with him. When Arthur returned to Britain, he made battle +with his nephew Modred who had crowned himself King. Arthur's +knight Gawain, the son of his sister, and the enemy Modred were +killed and Arthur was severely wounded. Arthur told his kinsman +Constantine to rule Britain as king in his place. + +The intellectual world included art, secular literature, law, and +medicine. There were about 90 physicians. + +The center of government was a collection of tenants-in-chief, +whose feudal duty included attendance when summoned, and certain +selected household servants of the King. The Exchequer became a +separate body. The payments in kind, such as grain or manual +services, from the royal demesnes had been turned into money +payments. The great barons made their payments directly to the +Exchequer. The income from royal estates was received by the +Exchequer and then commingled with the other funds. Each payment +was indicated by notches on a stick, which was then split so that +the payer and the receiver each had a half showing the notches. +The Exchequer was the great school for training statesmen, +justices, and bishops. The Chancellor managed the domestic matters +of the Crown's castles and lands. The great offices of state were +sold for thousands of pounds, which caused their holders to be on +their best behavior for fear of losing their money by being +discharged from office. One chancellor paid Henry about 3000 +pounds for the office. Henry brought sheriffs under his strict +control, free from influence by the barons. He maintained order +with a strong hand, but was no more severe than his security +demanded. + +Forests were still retained by Kings for their hunting of boars +and stags. A master-forester maintained them. The boundaries of +the Royal Forests were enlarged. They comprised almost one-third +of the kingdom. Certain inhabitants thereof supplied the royal +foresters with meat and drink and received certain easements and +rights of common therein. The forest law reached the extreme of +severity and cruelty under Henry I. Punishments given included +blinding, emasculation, and execution. Offenders were rarely +allowed to substitute a money payment. When fines were imposed +they were heavy. + +A substantial number of barons and monasteries were heavily in +debt to the Jews. The interest rate was 43% (2d. per pound per +week). The king taxed the Jews at will. + + + + - The Law - + +Henry restored the death penalty (by hanging) for theft and +robbery, but maintained William I's punishment of mutilation by +blinding and severing of limbs for other offenses, for example, +bad money. He decreed in 1108 that false and bad money should be +amended, so that he who was caught passing bad denarii should not +escape by redeeming himself but should lose his eyes and members. +And since denarii were often picked out, bent, broken, and +refused, he decreed that no denarius or obol, which he said were +to be round, or even a quadrans, if it were whole, should be +refused. (Money then reached a higher level of perfection, which +was maintained for the next century.) + +The forest law stated that: "he that doth hunt a wild beast and +doth make him pant, shall pay 10 shillings: If he be a freeman, +then he shall pay double. If he be a bound man, he shall lose his +skin." A "verderer" was responsible for enforcing this law, which +also stated that: "If anyone does offer force to a Verderer, if he +be a freeman, he shall lose his freedom, and all that he hath. And +if he be a villein, he shall lose his right hand." Further, "If +such an offender does offend so again, he shall lose his life." + +A wife's dower is one-third of all her husband's freehold land, +unless his endowment of her at their marriage was less than one- +third. + +Counterfeiting law required that "If any one be caught carrying +false coin, the reeve shall give the bad money to the King however +much there is, and it shall be charged in the render of his farm +[payment] as good, and the body of the offender shall be handed +over to the King for judgment, and the serjeants who took him +shall have his clothes." + +Debts to townsmen were recoverable by this law: "If a burgess has +a gage [a valuable object held as security for carrying out an +agreement] for money lent and holds this for a whole year and a +day, and the debtor will not deny the debt or deliver the gage, +and this is proved, the burgess may sell the gage before good +witnesses for as much as he can, and deduct his money from the +sum. If any money is over he shall return it to the debtor. But if +there is not enough to pay him, he shall take distress again for +the amount that is lacking." + +Past due rent in a borough was punishable by payment of 10s. as +fine. + +Judicial activity encouraged the recording of royal legislation in +writing which both looked to the past and attempted to set down +law current in Henry's own day. The "Liberi Quadripartitus" aimed +to include all English law of the time. This showed an awareness +of the ideal of written law as a statement of judicial principles +as well as of the practice of kingship. In this way, concepts of +Roman law used by the Normans found their way into English law. + +Church law provided that only consent between a man and woman was +necessary for marriage. There needn't be witnesses, ceremony, nor +consummation. Consent could not be coerced. Penalties in marriage +agreements for not going through with the marriage were deemed +invalid. Villeins and slaves could marry without their lords' or +owners' permission. A couple living together could be deemed +married. Persons related by blood within certain degrees, which +changed over time, of consanguinity were forbidden to marry. This +was the only ground for annulment of a marriage. A legal +separation could be given for adultery, cruelty, or heresy. +Annulment, but not separation, could result in remarriage. Fathers +were usually ordered to provide some sustenance and support for +their illegitimate children. The court punished infanticide and +abortion. Counterfeiters of money, arsonists, and robbers of +pilgrims and merchants were to be excommunicated. Church sanctuary +was to be given to fugitives of violent feuds until they could be +given a fair trial. + + + + - Judicial Procedure - + +Courts extant now are the Royal Court, the King's Court of the +Exchequer, county courts, and hundred courts, which were under the +control of the King. His appointed justices administered justice +in these courts on regular circuits. The sheriff now only produced +the proper people and preserved order at the county courts and +presided over the nonroyal pleas and hundred courts. He empaneled +recognitors, made arrests, and enforced the decisions of the royal +courts. Also there are manor courts, borough courts, and +ecclesiastical courts. In the manor courts, the lord's reeve +generally presided. The court consisted of the lord's vassals and +declared the customs and law concerning such offenses as failure +to perform services and trespass on manorial woods, meadow, and +pasture. + +The King's Royal Court heard issues concerning the Crown and +breaches of the King's peace, which included almost all criminal +matters. The most serious offenses: murder, robbery, rape, +abduction, arson, treason, and breach of fealty, were now called +felonies. Other offenses were: housebreaking, ambush, certain +kinds of theft, premeditated assault, and harboring outlaws or +excommunicants. Henry personally presided over hearings of +important legal cases. He punished crime severely. Offenders were +brought to justice not only by the complaint of an individual or +local community action, but by official prosecutors. A prosecutor +was now at trials as well as a justice. Trial is still by +compurgation. Trial by combat was relatively common. + +These offenses against the king placed merely personal property +and sometimes land at the king's mercy. Thus the Crown increased +the range of offenses subject to its jurisdiction and arrogated to +itself profits from the penalties imposed. A murderer could be +given royal pardon from the death penalty so that he could pay +compensation to the relatives. + +The Royal Court also heard these offenses against the king: +fighting in his dwelling, contempt of his writs or commands, +encompassing the death or injury of his servants, contempt or +slander of the King, and violation of his protection or his law. +It heard these offenses against royal authority: complaints of +default of justice or unjust judgment, pleas of shipwrecks, +coinage, treasure-trove [money buried when danger approached], +forest prerogatives, and control of castle building. + +Slander of the king, the government, or high officials was +punishable as treason, felony, misprison of treason, or contempt, +depending on the rank and office of the person slandered and the +degree of guilt. + +Henry began the use of writs to intervene in civil matters, such +as inquiry by oath and recogniton of rights as to land, the +obligations of tenure, the legitimacy of heirs, and the +enforcement of local justice. The Crown used its superior coercive +power to enforce the legal decisions of other courts. These writs +allowed people to come to the Royal Court on certain issues. There +was a vigorous interventionism in the land law subsequent to +appeals to the king in landlord-tenant relations, brought by a +lord or by an undertenant. Assizes [those who sit together] of +local people who knew relevant facts were put together to assist +the court. Henry appointed some locally based justices, called +justiciars. Also, he sent justices out on eyres [journeys] to hold +assizes. This was done at special sessions of the county courts, +hundred courts, and manor courts. Records of the verdicts of the +Royal Court were sent with these itinerant justices for use as +precedent in these courts. Thus royal authority was brought into +the localities and served to check baronial power over the common +people. These itinerant justices also transacted the local +business of the Exchequer in each county. Henry created the office +of chief justiciar, which carried out judicial and administrative +functions. + +The Royal Court retained cases of gaol delivery [arrested person +who had been held in gaol was delivered to the court] and +amercements. It also decided cases in which the powers of the +popular courts had been exhausted or had failed to do justice. The +Royal Court also decided land disputes between barons who were too +strong to submit to the county courts. + +The King's Court of the Exchequer reviewed the accounts of +sheriffs, including receipts and expenditures on the Crown's +behalf as well as sums due to the Treasury, located still at +Winchester. These sums included rent from royal estates, the +Danegeld land tax, the fines from local courts, and aid from +baronial estates. Its records were the "Pipe Rolls", so named +because sheets of parchment were fastened at the top, each of +which dropped into a roll at the bottom and so assumed the shape +of a pipe. + +The county and hundred courts assessed the personal property of +individuals and their taxes due to the King. The county court +decided land disputes between people who had different barons as +their respective lords. + +The free landholders were expected to attend county, hundred, and +manor courts. They owed "suit" to it. The suitors found the dooms +[laws] by which the presiding officer pronounced the sentence. + +The county courts heard cases of theft, brawling, beating, and +wounding, for which the penalties could be exposure in the pillory +or stocks. The pillory held an offender's head and hands in holes +in boards, and the stocks held one's hands and feet. Here the +public could scorn and hit the offender or throw fruit, mud, and +dead cats at him. For sex offenders and informers, stones were +usually thrown. Sometimes a person was stoned to death. The county +courts met twice yearly. If an accused failed to appear after four +successive county courts, he was declared outlaw at the fifth and +forfeited his civil rights and all his property. He could be slain +by anyone at will. + +The hundred court met once a month to hear neighborhood disputes, +for instance concerning pastures, meadows and harvests. Usually +present was a priest, the reeve, four representative men, and +sometimes the lord or his steward in his place. Sometimes the +chief pledges were present to represent all the men in their +respective frankpledges. The bailiff presided over all these +sessions except two, in which the sheriff presided over the full +hundred court to take the view of frankpledge, which was required +for those who did not have a lord to answer for him. + +The barons held court on their manors at a "hall-mote" for issues +arising between people living on the manor, such as bad ploughing +on the lord's land or letting a cow get loose on the lord's land, +and land disputes. This court also made the decision of whether a +certain person was a villein or freeman. The manor court took over +issues which had once been heard in the vill or hundred court. The +baron charged a fee for hearing a case and received any fines he +imposed, which amounted to significant "profits of justice". + +Boroughs held court on trading and marketing issues in their towns +such as measures and weights, as well as issues between people who +lived in the borough. The borough court was presided over by a +reeve who was a burgess as well as a royal official. + +Wealthy men could employ professional pleader-attorneys to advise +them and to speak for them in a court. + +The ecclesiastical courts dealt, until the time of Henry VIII, +with family matters such as marriage, annulments, marriage +portions, legitimacy, undue wife-beating, child abuse, orphans, +bigamy, adultery, incest, fornication, personal possessions, +defamation, slander which did not cause material loss (and +therefore had no remedy in the temporal courts), libel, perjury, +usury, mortuaries, sacrilege, blasphemy, heresy, tithe payments, +church fees, certain offences on consecrated ground, and breaches +of promises under oath, e.g. to pay a debt, provide services, or +deliver goods. They decided inheritance and will issues which did +not concern land, but only personal property. This developed from +the practice of a priest usually hearing a dying person's will as +to the disposition of his goods and chattel when he made his last +confession. It provided guardianship of infants during probate of +their personal property. Trial was basically by compurgation, with +oath-helpers swearing to or against the veracity of the alleged +offender's oath. An alleged offender could be required to answer +questions under oath, thus giving evidence against himself. The +ecclesiastical court's penalties were intended to reform and +determined on a case-by-case basis. The canon law of Christendom +was followed, without much change by the English church or nation. +Penalties could include confession and public repentance of the +sin before the parish, making apologies and reparation to persons +affected, public embarrassment such as being dunked in water (e.g. +for women scolds), walking a route barefoot and clad only in one's +underwear, whippings, extra work, fines, and imprisonment in a +"penitentiary" to do penance. The ultimate punishment was +excommunication with social ostracism. Then no one could give the +person drink, food, or shelter and he could speak only to his +spouse and servants. Excommunication included denial of the +sacraments of baptism, penance, mass, and extreme unction [prayers +for spiritual healing] at death; which were necessary for +salvation of the soul; and the sacrament of confirmation of one's +belief in the tenets of Christianity. A person could also be +denied a Christian burial in consecrated ground. However, the +person could still marry and make a will. The king's court could +order a recalcitrant excommunicant imprisoned until he satisfied +the claims of the church. Excommunication was usually imposed for +failure to obey an order or showing contempt of the law or of the +courts. It required a hearing and a written reason. If this +measure failed, it was possible to turn the offender over to the +state for punishment, e.g. for blasphemy or heresy. Blasphemy +[speaking ill of God] was thought to cause God's wrath expressed +in famine, pestilence, and earthquake and was usually punished by +a fine or corporal punishment, e.g. perforation or amputation of +the tongue. It was tacitly understood that the punishment for +heresy was death by burning. There were no heresy cases up to 1400 +and few after that. The state usually assured itself the sentence +was just before imposing it. The court of the rural dean was the +ecclesiastical parallel of the hundred court of secular +jurisdiction and usually had the same land boundaries. The +archdeacons, who had been ministers of the bishop in all parts of +his diocese alike, were now each assigned to one district, which +usually had the same boundaries as the county. Henry acknowledged +occasional appellate authority of the pope, but expected his +clergy to elect bishops of his choice. + +There was a separate judicial system for the laws of the forest. +There were itinerant justices of the forests and four verderers of +each forest county, who were elected by the votes of the full +county court, twelve knights appointed to keep vert [everything +bearing green leaves] and venison, and foresters of the king and +of the lords who had lands within the limits of the forests. Every +three years, the officers visited the forests in preparation for +the courts of the forest held by the itinerant justices. The +inferior courts were the wood-mote, held every forty days, and the +swein [freeman or freeholder within the forest]-mote, held three +times yearly before the verderers as justices, in which all who +were obliged to attend as suitors of the county court to serve on +juries and inquests were to be present. + + + + + + - - - Chapter 6 - - - + + + + - The Times: 1154-1215 - + +King Henry II and Queen Eleanor, who was twelve years older, were +both intelligent, educated, energetic, well-traveled, and +experienced in affairs of state. Henry was the first Norman king +to be fully literate and he learned Latin. He had many books and +maintained a school. Eleanor often served as regent during Henry's +reign and the reigns of their two sons: Richard I, the Lion- +Hearted, and John. She herself headed armies. Henry II was a +modest, courteous, and patient man with an astonishing memory and +strong personality. He was indifferent to rank and impatient of +pomp to the point of being careless about his appearance. He +usually dressed in riding clothes and was often unkempt. He was +thrifty, but generous to the poor. He was an outstanding +legislator and administrator. + +Henry II took the same coronation oath as Edward the Confessor +regarding the church, laws, and justice. Not only did he confirm +the charter of his grandfather Henry I, but he revived and +augmented the laws and institutions of his grandfather and +developed them to a new perfection. Almost all legal and fiscal +institutions appear in their first effective form during his +reign. For instance, he institutionalized the assize for a +specific function in judicial proceedings, whereas before it had +been an ad hoc body used for various purposes. The term "assize" +here means the sitting of a court or council. It came to denote +the decisions, enactments, or instructions made at such. + +Henry's government practiced a strict economy and he never +exploited the growing wealth of the nation. He abhorred bloodshed +and the sacrifice of men's lives. So he strove diligently to keep +the peace, when possible by gifts of money, but otherwise with +armed force. Robbers were hanged and any man who raped a woman was +castrated. Foreign merchants with precious goods could journey +safely through the land from fair to fair. These fairs were +usually held in the early fall, after sheep-shearing and +harvesting. Foreign merchants bought wool cloth and hides. +Frankpledge was revived, now applying to the unfree and villeins. +No stranger could stay overnight (except for one night in a +borough), unless sureties were given for his good behavior. A list +of such strangers was to be given to itinerant justices. + +Henry had character and the foresight to build up a centralized +system of government that would survive him. He learned about the +counties' and villages' varying laws and customs. Then, using the +model of Roman law, he gave to English institutions that unity and +system which in their casual patch-work development had been +lacking. Henry's government and courts forged permanent direct +links between the king and his subjects which cut through the +feudal structure of lords and vassals. + +He developed the methods and structure of government so that there +was a great increase in the scope of administrative activity +without a concurrent increase of personal power of the officials +who discharged it. The government was self-regulating, with +methods of accounting and control which meant that no official, +however exalted, could entirely escape the surveillance of his +colleagues and the King. At the same time, administrative and +judicial procedures were perfected so that much which had +previously required the King's personal attention was reduced to +routine. + +The royal household translated the royal will into action. In the +early 1100s, there had been very little machinery of central +government that was not closely associated with the royal +household. There was a Chief Justiciar for legal matters and a +Treasurer. Royal government was largely built upon what had once +been purely domestic offices. Kings had called upon their +chaplains to pen letters for them. By Henry II's reign, the +Chancery was a highly efficient writing office through which the +King's will was expressed in a flow of writs, and the Chancellor +an important and highly rewarded official, but he was still +responsible for organizing the services in the royal chapel. +Similarly, the chamberlains ran the household's financial +departments. They arranged to have money brought in from a +convenient castle treasury, collected money from sheriffs or the +King's debtors, arranged loans with the usurers, and supervised +the spending of it. It was spent for daily domestic needs, the +King's alms-giving, and the mounting of a military campaign. But +they were still responsible for personal attendance upon the king +in his privy chamber, taking care of his valuable furs, jewels, +and documents, and changing his bedlinens. There were four other +departments of the household. The steward presided over the hall +and kitchens and was responsible for supplying the household and +guests with food supplies. The butler had duties in the hall and +cellars and was responsible for the supply of wine and ale. The +marshall arranged lodgings for the King's court as it moved about +from palaces to hunting lodges, arranged the pay of the household +servants, and supervised the work of ushers, watchmen, fire +tenders, messengers and huntsmen. The constable organized the +bodyguard and escorts, arranged for the supply of castles, and +mustered the royal army. The offices of steward, constable, +chamberlain, butler were becoming confined to the household and +hereditary. The Justiciar, Chancellor, and Treasurer are becoming +purely state offices and are simply sold or rented, until public +pressure resulted in a requirement of ability. + +Henry's council included all his tenants-in-chief, which included +archbishops, bishops, abbots, priors, earls, barons, knights and +socage tenants of the crown, whether they made payments directly +to him or through a sheriff. The higher ones were served with a +writ addressed to them personally. Knights and below were summoned +by a general writ to the sheriff. + +Henry brought order and unity by making the King's Royal Court the +common court of the land. Its purpose was to guard the King's +peace by protecting all people of free status throughout the +nation and correct the disparity in punishments given by local +courts. Heretofore, the scope of the King's peace had varied to +cover as little as the King's presence, his land, and his highway. +The royal demesne had shrunk to about 5% of the land. The Common +Law for all the nation was established by example of the King's +Royal Court. Henry erected a basic, rational framework for legal +processes which drew from tradition but lent itself to continuous +expansion and adaptation. + +A system of writs originated well-defined actions in the royal +courts. Each court writ had to satisfy specific conditions for +this court to have jurisdiction over an action or event. This +system determined the Royal Court's jurisdiction over the church, +lords, and sheriffs. It limited the jurisdiction of all other +courts and subordinated them to the Royal Court. Inquests into any +misdeeds of sheriffs were held, which could result in their +dismissal. + +Henry and Eleanor spoke many languages and liked discussing law, +philosophy, and history. So they gathered wise and learned men +about them, who became known as courtiers, rather than people of +social rank. They lived in the great and strong Tower of London, +which had been extended beyond the original White Tower, as had +other castles, so that the whole castle and grounds were defended +instead of just the main building. The Tower of London was in the +custody of one of the two justiciars. On the west were two +strongly fortified castles surrounded by a high and deeply +entrenched wall, which had seven double gates. Towers were spaced +along the north wall and the Thames River flowed below the south +wall. To the west was the city, where royal friends had residences +with adjoining gardens near the royal palace at Westminster. The +court was a center of culture as well as of government. The game +of backgammon was played. People wore belts with buckles, usually +brass, instead of knotting their belts. + +London extended about a mile along the Thames and about half a +mile inland. It had narrow twisting lanes, some with a ditch down +the middle for water runoff. Most of its houses were two stories, +the ground floor having booths and workshops, and the upper floor +living space. Most of the houses were wooden structures. The +richer merchants' and knights' houses were built of stone. Walls +between houses had to be stone to a height of 16 feet and thatched +roofs were banned because there had been many fires. There was +poor compliance, but some roofs were tiled with red-brick tiles. +The population was about 40,000. There were over 126 churches for +public worship, thirteen monasteries (including nunneries), and +St. Paul's Cathedral. All were built of stone. The churches gave a +place of worship for every 300 inhabitants and celebrated feast +days, gave alms and hospitality to strangers, confirmed betrothals +or agreements of marriage, celebrated weddings, conducted +funerals, and buried the dead. The synod of Westminster of 1175 +prescribed that all marriages were to be performed by the church. +Church law required a warning prior to suspension or +excommunication. Monastic, cathedral, and parish schools taught +young boys grammar so they could sing and read in church services. +Nuns taught girls. Fish but no meat was eaten on Fridays. There +was dark rye bread and expensive white wheat bread. Vegetables +included onions, leeks, and cabbage. Fruits included apples, +pears, plums, cherries, and strawberries. Water was obtained from +streams running through the town to the Thames and from springs. +Only the rich, palaces, and churches could afford beeswax candles; +others had home-made tallow [cow or sheep fat] candles which +smelled and gave off smoke. Most people washed their bodies. Even +the poor had beds and bed clothes. Few babies survived childhood. +If a man reached 30, he could expect to live until age 50. +Thousands of Londoners died during a hot summer from fevers, +plague and the like. + +In London, bells heralded the start and finish of all organized +business. The sellers of merchandise and hirers of labor were +distributed every morning into their several localities according +to their trade. Vendors, craftsmen, and laborers had their +customary places. Some vendors walked the streets announcing their +wares for sale. There were craft guilds of bakers, butchers, +clothworkers, and saddlers, as well as of weavers. Vendors on the +Thames River bank sold cooked fish caught from the river and wine +from ships and wine cellars. Cook shops sold roasted meats covered +with hotly spiced sauces. + +London Bridge was built of stone for the first time. It was +supported by a series of stone arches standing on small man-made +islands. It had such a width that a row of wood houses and a +chapel was built on top of it. In the spring it was impassable by +ships because the flow of water under it varied in height on +either side of the bridge by several feet at half tide. The bridge +had the effect of slowing down the flow upstream, which invited +wherries and rowboats and stately barges of the nobility. In +winters in which it froze over, there was ice skating, ice +boating, and fishing through holes in the ice. + +Outside each city gate were clusters of ragged buildings, small +monasteries and hostelries, groups of huntsmen's kennels, and +fencing schools. Outside one of the gates, a horse market was held +every week. Horses wore horseshoes made of iron or of a crude +steel. From the southwest gate of the city along the north river +bank toward Westminster, there was a gradually extending line of +rich men's mansions and bishops' palaces. On the southern bank of +the Thames River was growing the disorderly suburb of Southwark, +with fishermen's and boatmens' hovels, and taverns and brothels +that were frequented by drunkards, rakes, and whores. On the north +side of the city was a great forest with fields and wells where +students and other young men from the city took walks in the fresh +evening air. In some fields, countryfolk sold pigs, cows, oxen and +sheep. Mill wheels turned at various streams. Near London in the +country was a glass factory. At sunset, the gates of London were +closed for the night. All taverns had to be closed, all lights put +out, and all fires banked or covered when the bell of the church +of St. Martin le Grand rang at 9:00 pm. Anyone found on the +streets after this curfew could be arrested. Gangs of young nobles +or gangs of thieves, cutpurses, and looters roamed the streets +after dark and sometimes rioted. Offenders were often beheaded and +their heads placed on spikes on London Bridge. + +Men in London had begun weaving cloth, which formerly had been +done by women. Some of the cloth was exported. The weavers guild +of London received a charter by the King in 1155, the first +granted to any London craft: "Know that I have conceded to the +Weavers of London to hold their guild in London with all the +liberties and customs which they had in the time of King Henry +[I], my grandfather; and that none may intermeddle with the craft +within the city, nor in Southwark, nor in other places pertaining +to London except through them and except he be in their guild, +otherwise than was accustomed to be done in the time of King +Henry, my grandfather ...So that each year they render thence to +me two marks [26s.8d.] of gold at the feast of St. Michael. And I +forbid that any shall do injury or contumely to them on this +account under penalty of 10 pounds [200s.]. Witness T[homas], +Chancellor, and Warinus, son of Gerard, Chamberlain, at +Winchester." The liberties obtained were: 1) The weavers may elect +bailiffs to supervise the work of the craft, to punish defaulters, +and to collect the ferm [amount owed to the King]. The bailiffs +were chosen from year to year and swore before the mayor of London +to do and keep their office well and truly. 2) The bailiffs may +hold court from week to week on pleas of debt, agreements, +covenants [promises for certain performance], and minor +trespasses. 3) If any of the guild members are sued in any other +court on any of the above pleas, the guild may challenge that plea +to bring it to the guild court. 4) If any member is behind in his +share of the payment to the King, the bailiffs may distrain his +loom until he has paid this. + +Paying an annual payment freed the weavers from liability to +inconsequent royal fines. Failure to make this payment promptly +might have led to loss of the right, hence the rigorous penalty of +distraint upon the looms of individual weavers who fell into +arrears. + +The weavers' guild punished members who used bad thread in their +weaving or did defective weaving by showing the default to the +mayor, with opportunity for the workman to make entreaty, and the +mayor and twelve members of the guild then made a verdict of +amercement of 1/2 mark [6s.8d.] and the workman of the cloth was +also punished by the guild bailiffs according to guild custom. + +The weavers' guild tradition of brotherliness among members meant +that injury to a fellow weaver incurred a severe penalty. If a +weaver stole or eloigned [removed them to a distance where they +were unreachable] any other weaver's goods falsely and +maliciously, then he was dismissed from the guild and his loom was +taken by the guild to fulfill his portion of the annual payment to +the King. The weavers were allowed to buy and to sell in London +freely and quietly. They had all the rights of other freemen of +the city. + +Thus from the middle of the 1100s, the weavers enjoyed the +monopoly of their craft, rights of supervision which ensured a +high standard of workmanship, power to punish infractions of their +privileges, and full control of their members. In this they stand +as the prototype of English medieval guilds. These rights +represented the standard which all bodies of craftsmen desired to +attain. The right of independent jurisdiction was exceptional. + +In Henry II's charter to London, London did not retain its right +to appoint its own sheriff and justice given by Henry I. London's +chief magistrate was the mayor, who was appointed by the King, +until 1191. Then the mayor was elected yearly by the aldermen of +the city wards and approved by the king. He was typically a rich +prince chosen by the barons and chief merchants of London. The +commoners had no voice in his selection, but they could still +approve or disapprove of the actions of the city government at +ward and folk motes. At certain periods, a king asserted royal +power over the selection of mayor and governance of the city. +There were three ways to become a citizen of London: being the son +of a citizen, apprenticeship in a craft for seven years, and +purchase of citizenship. London and Westminster growth led to +their replacing Winchester as the capital. + +St. Barthomew infirmary was established in London for the care of +sick pilgrims traveling to the shrine of Becket in Canterbury. It +had been inspired by a monk who saw a vision of St. Barthomew +telling him to build a church and an infirmary. + +Trading was facilitated by the stabilization of the amount of +silver metallic content of the English coinage, which was called +"sterling" [strong] silver. The compass, a magnetic lodestone +[leading stone] needle mounted on a cork and floated in a bowl of +water, assisted the navigation of ships. With it, one could tell +the general direction of a ship when the skies were cloudy as well +as clear. And one could generally track one's route by using the +direction and speed of travel to calculate one's new position. +London became a major trading center for foreign goods from many +lands. + +About 5% of the knights were literate. Wealthy men sent their sons +to school in monasteries to prepare them for a livelihood in a +profession or in trade or to the town of Oxford, whose individual +scholars had migrated from Paris and had attracted disciples for a +long time. These schools grew up around St. Mary's Church, but had +not been started by the church as there was no cathedral school in +Oxford. Oxford had started as a burh and had a royal residence and +many tradesmen. It was given its basic charter in 1155 by the +King. This confirmed to it all the customs, laws and liberties +[rights] as those enjoyed by London. It became a model charter for +other towns. + +Bachelors at Oxford studied the arts of grammar, rhetoric, and +logic, and then music, arithmetic, geometry, and astronomy, until +they mastered their discipline and therefore were authorized to +teach it. Teaching would then provide an income sufficient to +support a wife. The master of arts was analogous to the master +craftsman of a guild. From 1190, the civil law was studied, and +shortly thereafter, canon law. Later came the study of medicine. +The use of paper supplemented the use of parchment for writing. +Irregular edged paper was made from linen, cotton, straw, and/or +wood beaten to a pulp and then spread out over a wire mesh to dry. + +Theologicians taught that the universe was made for the sake and +service of man, so man was placed at the center of the universe. +Man was made for the sake and service of God. + +Every freeman holding land of a lord gave homage and fealty to +him, swearing to bear him faith of the tenement held and to +preserve his earthly honor in all things, saving the faith owed to +the king. Homage was done for lands, for free tenements, for +services, and for rents precisely fixed in money or in kind. +Homage could be done to any free person, male or female, adult or +minor, cleric or layman. A man could do several homages to +different lords for different fees, but there had to be a chief +homage to that lord of whom he held his chief tenement. Homage was +not due for dower, from the husband of a woman to whom a tenement +was given as a marriage portion, for a fee given in free alms, or +until the third heir, either for free mariatagium [a marriage +portion which is given with a daughter in marriage, that is not +bound to service] or for the fee of younger sisters holding of the +eldest. All fiefs to be inherited by the eldest son had to be +intact. Every lord could exact fealty from his servants. + +In this era, the English national race and character was formed. +Only a few barons still had lands in Normandy. Stories of good +King Arthur were popular and set ideals for behavior and justice +in an otherwise barbaric age where force was supreme. His last +battle in which he lay wounded and told a kinsman to rule in his +place and uphold his laws was written in poem ("Layamon's Brut"). +Romantic stories were written and read in English. The custom of +"bundling" was started by ladies with their knights, who would lie +together in bed without undressing and with one in a sack the top +of which was tied around his neck, as part of a romantic +courtship. Wealthy men often gave their daughters dowries in case +they were widowed. This might be matched by a marriage settlement +by a prospective husband. + +Intermarriage had destroyed any distinction of Normans by look or +speech alone, except for the Anglo-Saxon manor villeins, who +worked the farm land and composed about two-thirds of the +population. Villeins were bound to the land and could, on flight, +be brought back to it. They could not give homage, but could give +fealty. A villein had the equipment to farm, fish, make cheese, +keep poultry, brew beer, hedge, and cut wood. Although the +villeins could not buy their freedom or be freed by their lord, +they became less numerous because of the preference of landholders +for tenants motivated to perform work by potential loss of tenure. +Also, the Crown's protection of all its subjects in criminal +matters blurred the distinction between free and unfree men. + +The boroughs were dominated by lords of local manors, who usually +had a house in the borough. Similarly, burgesses usually had +farmland outside the borough. Many boroughs were granted, by the +king or manor lord, the right to have a common seal for the common +business of the town. Some boroughs were given the authority to +confer freedom on the villein by enrolling him in their guild or +allowing him to stay in the borough for a year and a day. The +guilds met frequently in their drinking halls and drew up +regulations for the management of their trade. Each borough was +represented by twelve reputable burgesses. Each vill was +represented by a reeve and four reputable men. Certain towns +sponsored great seasonal fairs for special goods, such as cloth. +About 5% of the population lived in towns. + +In the early 1180s, the horizontal-axle windmill was invented, +probably in eastern England, on the analogy of the horizontal-axle +watermill. It was very useful in flat areas where streams were too +slow for a watermill unless a dam were built. But a dam often +flooded agricultural land. + +London guilds of craftsmen such as weavers, fullers, bakers, +loriners (makers of bits, spurs, and metal mountings of bridles +and saddles), cordwainers (makers of leather goods such as shoes), +pepperers, and goldsmiths were licensed by the King, for which +they paid him a yearly fee. There were also five Bridge Guilds +(probably raising money for the future construction of London +Bridge in stone) and St. Lazarus' Guild. The wealthy guilds, which +included the goldsmiths, the pepperers, and three bridge guilds +had landholding members who had been thegns or knights and now +became a class of royal officials: the King's minters, his +chamberlain, his takers of wines, his collectors of taxes. The +weavers of Oxford paid 27s.[two marks] to hav ea guild. The +shoemakers paid 67s.[five marks]. + +In 1212, master carpenters, masons, and tilers made 3d. per day, +their servers (the journeymen of a later time) made 11/2 d., free- +stone carvers 21/2 d., plasterers and daubers, diggers and sievers +less. All received food in addition or 11/2 d. in its stead. + +Sandwich was confirmed in its port rights by this charter: "Henry +II to his sheriff and bailiffs of Kent, greeting. I will and order +that the monks of the Holy Trinity of Canterbury shall have fully +all those liberties and customs in Sandwich which they had in the +time of King Henry my grandfather, as it was adjudged in pursuance +of his command by the oath of twelve men of Dover and twelve men +of Sandwich, to wit, that the aforesaid monks ought to have the +port and the toll and all maritime customs in the same port, on +either side of the water from Eadburge-gate as far as markesfliete +and a ferry-boat for passage. And no man has there any right +except they and their ministers. Wherefore I will and firmly +command you and the men of Sandwich that ye cause the aforesaid +monks to have all their customs both in the port and in the town +of Sandwich, and I forbid any from vexing them on this account." +"And they shall have my firm peace." + +Henry gave this charter to the town of Bristol in 1164: "Know ye, +that I have granted to my burgesses of Bristol, that they shall be +quit both of toll [a reasonable sum of money or portion of the +thing sold, due to the owner of the fair or market on the sale of +things tollable therein. It was claimed by the lord of the fee +where the fair or market was held, by virtue of a grant from the +Crown either ostensible or presumed] and passage [money paid for +crossing a river or for crossing the sea as might be due to the +Crown] and all custom [customary payments] throughout my whole +land of England, Normandy, and Wales, wherever they shall come, +they and their goods. Wherefore I will and strictly command, that +they shall have all their liberties and acquittances and free +customs fully and honorable, as my free and faithful men, and that +they shall be quit of toll and passage and of every other customs: +and I forbid any one to disturb them on this account contrary to +this my charter, on forfeiture of ten pounds [200s.]." + +John, when he was an earl and before he became King, granted these +liberties to Bristol about 1188: + +1) No burgess may sue or be sued out of Bristol. + +2) The burgesses are excused from the murder fine (imposed by the + king or lord from the hundred or town where the murder was + committed when the murderer had not been apprehended). + +3) No burgess may wage duel [trial by combat], unless sued for + death of a stranger. + +4) No one may take possession of a lodging house by assignment or + by livery of the Marshall of the Earl of Gloucester against the + will of the burgesses (so that the town would not be responsible + for the good behavior of a stranger lodging in the town without + first accepting the possessor of the lodging house). + +5) No one shall be condemned in a matter of money, unless + according to the law of the hundred, that is, forfeiture of 40s. + +6) The hundred court shall be held only once a week. + +7) No one in any plea may argue his cause in miskenning. + +8) They may lawfully have their lands and tenures and mortgages + and debts throughout my whole land, [from] whoever owes them + [anything]. + +9) With regard to debts which have been lent in Bristol, and + mortgages there made, pleas shall be held in the town according to + the custom of the town. + +10) If any one in any other place in my land shall take toll of + the men of Bristol, if he does not restore it after he is required + to, the Prepositor of Bristol may take from him a distress at + Bristol, and force him to restore it. + +11) No stranger-tradesman may buy within the town from a man who + is a stranger, leather, grain, or wool, but only from a burgess. + +12) No stranger may have a shop, including one for selling wine, + unless in a ship, nor shall sell cloth for cutting except at the + fair. + +13) No stranger may remain in the town with his goods for the + purpose of selling his goods, but for forty days. + +14) No burgess may be confined or distrained any where else within + my land or power for any debt, unless he is a debtor or surety (to + avoid a person owed a debt from distraining another person of the + town of the debtor). + +15) They shall be able to marry themselves, their sons, their + daughters and their widows, without the license of their lords. (A + lord had the right of preventing his tenants and their families + from marrying without his consent.) + +16) No one of their lords shall have the wardship or the disposal + of their sons or daughters on account of their lands out of the + town, but only the wardship of their tenements which belong to + their own fee, until they become of age. + +17) There shall be no recognition [acknowledgement that something + done by another person in one's name had one's authority] in the + town. + +18) No one shall take tyne [wooden barrel with a certain quantity + of ale, payable by the townsmen to the constable for the use of + the castle] unless for the use of the lord Earl, and that + according to the custom of the town. + +19) They may grind their grain wherever they may choose. + +20) They may have their reasonable guilds, as well or better than + they had them in the time of Robert and his son William [John's + wife's grandfather and father, who were earls of Gloucester when + the town and castle of Bristol were part of the honor of + Gloucester]. + +21) No burgess may be compelled to bail any man, unless he himself + chooses it, although he may be dwelling on his land. + +We have also granted to them all their tenures, messuages +[dwelling house with adjoining land and adjacent buildings], in +copses [thicket from which wood was cut], in buildings on the +water or elsewhere to be held in free burgage [tenant to pay only +certain fixed services or payments to his lord, but not military +service (like free socage)]. We have granted also that any of them +may make improvements as much as he can in erecting buildings +anywhere on the bank and elsewhere, as long as the borough and +town are not damaged thereby. Also, they shall have and possess +all waste land and void grounds and places, to be built on at +their pleasure. + +Newcastle-on-Tyne's taxes were simplified in 1175 as follows: + +"Know ye that I have granted and by this present charter have +confirmed to my burgesses of Newcastle upon Tyne, and to all their +things which they can assure to be their own, acquittance from +toll and passage and pontage and from the Hanse and from all other +customs throughout all my land. And I prohibit all persons from +vexing or disturbing them therein upon forfeiture to me." + +We grant to our upright men on Newcastle-on-Tyne and their heirs +our town of Newcastle-on-Tyne with all its appurtenances at fee +farm for 100 pounds to be rendered yearly to us and our heirs at +our Exchequer by their own hand at the two terms, to wit, at +Easter 50 pounds and at Michaelmas 50 pounds, saving to us our +rents and prizes and assizes in the port of the same town. + +Ranulph, earl of Chester, made grants to his burgesses of Coventry +by this charter: "That the aforesaid burgesses and their heirs may +well and honorably quietly and in free burgage hold of me and my +heirs as ever in the time of my father and others of my ancestors +they have held better more firmly and freer. In the second place I +grant to them all the free and good laws which the burgesses of +Lincoln have better and freer. I prohibit and forbid my constables +to draw them into the castle to plead for any cause, but they may +freely have their portimoot [leet court] in which all pleas +belonging to me and them may be justly treated of. Moreover they +may choose from themselves one to act for me whom I approve, who a +justice under me and over them may know the laws and customs, and +keep them to my counsel in all things reasonable, every excuse put +away, and may faithfully perform to me my rights. If any one +happen to fall into my amercement he may be reasonably fined by my +bailiff and the faithful burgesses of the court. Furthermore, +whatever merchants they have brought with them for the improvement +of the town, I command that they have peace, and that none do them +injury or unjustly send them into court. But if any foreign +merchant shall have done anything improper in the town that same +may be regulated in the portimoot before the aforesaid justice +without a suit at law." + +Henry confirmed this charter of the earl's by 1189 as follows: I +have confirmed all the liberties and free customs the earl of +Chester granted to them, namely, that the same burgesses may well +and honorably hold in free burgage, as ever in the time of the +father of the beforesaid earl, or other of his ancestors, they may +have better or more firmly held; and they may have all the laws +and customs which the citizens of Lincoln have better and freer +[e.g. their merchant guilds; all men brought to trade may be +subject to the guild customs and assize of the town; those who +lawfully hold land in the town for a year and a day without +question and are able to prove that an accuser has been in the +kingdom within the year without finding fault with them, from +thence may hold the land well and in peace without pleading; those +who have remained in the town a year and a day without question, +and have submitted to the customs of the town and the citizens of +the town are able to show through the laws and customs of the town +that the accuser stood forth in the kingdom, and not a fault is +found of them, then they may remain in peace in the town without +question]; and that the constable of the aforesaid earl shall not +bring them into the castle to plead in any case. But they may +freely have their own portmanmoot in which all pleas appertaining +to the earl and to them may be justly treated of. Moreover they +may choose one from themselves to act for the earl, whom I +approve, who may be a justice under the earl and over them, and +who to the earl may faithfully perform his rights, and if anyone +happen to fall into the earl's forfeiture he shall be acquit for +12 pence. If by the testimony of his neighbors he cannot pay 12 +pence coins, by their advice it shall be so settled as he is able +to pay, and besides, with other acquittances, that the burgesses +shall not provide anything in corrody [allowance in food] or +otherwise whether for the said earl or his men, unless upon +condition that their chattels shall be safe, and so rendered to +them. Furthermore, whatever merchants they have brought with them +for the improvement of the town they may have peace, and none +shall do them injury or unjustly send them into suit at law. But +if any foreign merchant has done anything improper in the town +that shall be amended [or tried] in the portmanmoot before the +aforesaid justice without a suit. And they who may be newcomers +into the town, from the day on which they began to build in the +town for the space of two years shall be acquit of all charges. + +Mercantile privileges were granted to the shoemakers in Oxford +thus: "Know ye that I have granted and confirmed to the corvesars +of Oxford all the liberties and customs which they had in the time +of King Henry my grandfather, and that they have their guild, so +that none carry on their trade in the town of Oxford, except he be +of that guild. I grant also that the cordwainers who afterwards +may come into the town of Oxford shall be of the same guild and +shall have the same liberties and customs which the corvesars have +and ought to have. For this grant and confirmation, however, the +corvesars and cordwainers ought to pay me every year an ounce of +gold." + +A guild merchant for wool dominated and regulated the wool trade +in many boroughs. In Leicester, only guildsmen were permitted to +buy and sell wool wholesale to whom they pleased or to wash their +fells in borough waters. Certain properties, such as those near +running water, essential to the manufacture of wool were +maintained for the use of guild members. The waterwheel was a +technological advance replacing human labor whereby the cloth was +fulled. The waterwheel turned a shaft which lifted hammers to +pound the wet cloth in a trough. Wool packers and washers could +work only for guild members. The guild fixed wages, for instance +to wool wrappers and flock pullers. Strangers who brought wool to +the town for sale could sell only to guild members. A guildsman +could not sell wool retail to strangers nor go into partnership +with a man outside the guild. Each guild member had to swear the +guildsman's oath, pay an entrance fee, and subject himself to the +judgment of the guild in the guild court, which could fine or +suspend a man from practicing his trade for a year. The advantages +of guild membership extended beyond profit in the wool trade. +Members were free from the tolls that strangers paid. They alone +were free to sell certain goods retail. They had the right to +share in any bargain made in the presence of a guildsman, whether +the transaction took place in Leicester or in a distant market. In +the general interest, the guild forbade the use of false weights +and measures and the production of shoddy goods. It maintained a +wool-beam for weighing wool. It also forbade middlemen from +profiting at the expense of the public. For instance, butchers' +wives were forbidden from buying meat to sell again in the same +market unless they cooked it. The moneys due to the king from the +guilds of a town were collected by the town reeve. + +When the king wanted to raise an army, he summoned his major baron +tenants-in-chief, who commanded their own armed dependent vassals, +and he directed the sheriffs to command the minor tenants-in-chief +and supply them with equipment. A baron could assemble an army in +a day, but might use it to resist any perceived misgovernment by a +king. Armed conflict did not interfere much with daily life +because the national wealth was still composed mostly of flocks +and herds and simple buildings. Machinery, furniture, and the +stock of shops were still sparse. Life would be back to normal +within a week. + +Henry wanted to check this power of the barons. So he took over or +demolished their adulterine castles and restored the older +obligation of every freeman to serve in defense of the realm, the +fyrd, which was a military draft. At the King's call, barons were +to appear in mail suit and helmet with sword and horse, knights +and freeholders with 213s.[16 marks] of rent or chattels in coat +of mail with shield and lance, freeholders of 133s.[10 marks] with +lance and hauberk [coat of armor] and iron headpiece, burgesses +and poorer freemen with lance and headpiece and wambais, and such +as millers with pike and leather shirt. The spiritual and other +baronies paid a commutation for personal service, called +"scutage", at the rate of 27s. per knight's fee. Barons and +knights paid according to their knight's fee a scutage ranging +from 10s. to 27s. As of 1181, the military obligations of villeins +were defined. The master of a household was responsible for every +villein in his household. Others had to form groups of ten and +swear obedience to the chief of the group. The sheriff was +responsible for maintaining lists of men liable for military +service and procuring supplies. This national militia could be +used to maintain the peace. The sheriff could call upon the +military array of the county as a posse comitatus to take a band +of thieves into custody or to quell disorder. For foreign wars, +Henry decided to use a mercenary army and a mercenary fleet. + +However, the nobility who were on the borders of the realm had to +maintain their private armies for frequent border clashes. The +other nobility now tended towards tournaments with mock foot +battles between two sides. Although subject to knightly rules, +serious injury and death often resulted. For this reason, the +church opposed them, but unsuccessfully. + +New taxes replaced the Danegeld tax. Freeholders of land paid +taxes according to their plowable land ("hidage", by the hide, and +later "carucage", by the smaller Norman carucate). The smaller +measure curtailed estates and increased taxation. It was assessed +from 2-5s. per carcuate [100 acres] and collected for the king by +knights with little or no remuneration, and later by inquest of +neighbors. The towns and demesne lands of the crown paid a tax +based on their produce that was collected by the itinerant +justices. Merchants were taxed on their personal property, which +was determined by an inquest of neighbors. Clergy were also taxed. +This new system of taxation increased the royal income about +threefold. There was a standard for reliefs paid of 100s. [5 +pounds] for a knight's fee and 2,000s. [100 pounds] for a barony. +At the end of Henry's reign, his treasure was over 900,000 pounds. +Every hide of land paid the sheriff 2s. annually for his services +in the administration and defense of the county. This was probably +the old Danegeld. + +Barons and their tenants and sub-tenants were offered an +alternative of paying shield money ["scutage"] of 26s.8d. per fee +in commutation for and instead of military service for their +fiefs. This enabled Henry to hire soldiers who would be more +directly under his own control and to organize a more efficient +army. + +Henry II restored the silver coinage to its standard of purity. +The first great inflation in England occurred between 1180 and +1220. Most goods and services increased threefold over these forty +years. + +Great households, whether of baron, prelate, monastery, or college +gave their officers and servants allowances of provisions and +clothing called "liveries". The officer of such departments as the +buttery [cellar storing butts of wine], the kitchen, the napery +[for linen cloth], and the chandlery had his fixed allowances for +every day and his livery of clothing at fixed times of the year or +intervals of years. + +The administration of a great estate is indicated by the Pipe Roll +of the Bishopric of Winchester, 1208-1209, as follows: + +"Downton: William FitzGilbert, and Joselyn the reeve, and Aylward +the cellarer render account of 7 pounds 12s.11d. for arrears of +the previous year. They paid and are quit. And of 3 pounds 2s.2d. +for landgafol. And of 12d. by increment of tax for a park which +William of Witherington held for nothing. And of 2s.6d. by +increment of tax for half a virgate of land which James Oisel held +without service. And of 19s. for 19 assize pleas in the new +market. And of 10s. by increment of tax for 10 other assize pleas +in the market this year. Sum of the whole tax 36 pounds 14s.8d. +In quittance of one reeve, 5s. In quittance for repairing the +bridge, 5s.; of one forester, 4s.; of two haywards from Downton +and Wick, 4s.; of one hayward from Witherington, 20d.; of fourteen +drivers from Downton, Wick, and Nunton, for the year, 28s.; of two +drivers from Witherington for the year, 4s.4d.; of two drivers for +half the year, 2s.; of one swineherd, of one neaterd, of one +cowherd, for the year, 6s.; of three shepherds from Wick, Barford, +and Nunton, for the year, 6s.; of one shepherd from Witherington, +for the year, 20d.; of four customary tenants, for the year, 8s. +Sum of the quittances, 74s.8d. Remainder 33 pounds. + +Livery: For livery to John the dean, for Christmas tax, 7 pounds +10s. by one tally. To the same for Easter tax, 8 pounds by one +tally. To the same for St. John's tax, 8 pounds by one tally. To +the same for St. Michael's tax, 8 pounds 10s. by one tally. To the +same for corn [grain] sold in the field 26 pounds by two tallies. +To the same for standing corn [growing crops of grain], purchases, +and cheeses, 20 pounds 16s.10d. To the same for wool, 6 pounds +13s.4d. by one tally. To the same for tallage 39 pounds by one +tally. Sum: 134 pounds 10s.2d. + +Expenses: For ironwork of 8 carts for year and one cart for half +the year, 32s.10d. For shoeing of 2 plough-horses for the year, +2s.8d. For wheels for carts, 2s.9d. For 6 carts made over, 12d. +before the arrival of the carpenter. For wages of the smith for +the year, 8s.6d. For one cart bound in iron bought new, 5s.7d. For +wheels purchased for one cart to haul dung, 12d. For leather +harness and trappings, iron links, plates, halters, 14d. For +purchase of 2 ropes, 3d. For purchase of 2 sacks, 8d. For purchase +of 5 locks for the granary, 11d. For making 2 gates for the +sheepfold, 2s. For one gate for the farm yard, 12d. For an axe and +tallow purchased and for repairing the spindles of the mill for +the year, 6s.10d. For one millstone purchased for the mill 24s. +For making one gate near the mill, 12d. For meat prepared in the +larder, 3s. For beer bought for cleaning carcasses, 2s.1d. For +digging 158 perches of land around the pasture in the marsh, +32s.11d.; for each perch 2d.1ob. For the dovecote newly made, +22s.11d.1ob. For cutting 100 thick planks for flooring both +dispensary and butlery, 6s.3d. For nails or pegs bought for +planking beyond the cellar, 16d. For enclosing the garden by +making 2 gates, 6s.7d.1ob. For digging in the gardens, 8s.5d. For +the winter work of 55 carts, 9s.2d. For the Lent work of 49 carts, +8s.6d. For spreading 6 acres with dung, 6d. For threshing 24 +quarters of wheat at Mardon for seed, 5s. For winnowing the same, +7d. For winnowing 36 quarters of grain for seed, 3s.9d. For +threshing 192 quarters of grain 32s.; for each quarter 2d. For +threshing 20 quarters of mixed corn [grain], 2s.6d. For threshing +42 quarters of barley, 3s.6d. For threshing 53 quarters of oats, +2s.2d.1ob. For hauling gravel to the bridge and causeway, 4d. For +cost of dairy, viz., 3 tines of salt, cloth, and pots, 6s.10d. For +purchase of 17 oxen, 5 pounds 13s. For hoeing 140 acres, 5s.10d. +For wages of two carters, one neatherd, for the year, 9s. For +wages of one carpenter for the year, 6s.8d. For wages of one dairy +woman, 2s.6d. For payment of mowers of the meadow at Nunton, 6d. +For 8 sheep purchased, 8s. For wages of one neatherd from Nunton, +12d. For carrying 2 casks of wine by Walter Locard, in the time of +Martinmas, 8s.2d. For the carrying of 2 casks of wine from +Southampton to Downton by the seneschal, 3s.6d. at the feast of +St. Lawrence. For digging 22 perches in the farmyard, 6s.5d.; for +each perch 3d.1ob. For allowance of food of Robert of Lurdon, who +was sick for 21 days, with his man, 5s.3d. For allowance of food +to Sewal who was caring for 2 horses of the lord bishop for 3 +weeks, 21d. For allowance of food for Roger Walselin, for the two +times he made gifts to the lord king at Clarendon, 4s.9d. by two +tallies. For allowance of food of Master Robert Basset, for 3 +journeys, 9s.3d.1ob. For livery of William FitzGilbert, 60s.10d. +For 30 ells of canvas purchased for laying over the wool, and 2 +cushions prepared for the court, 5s. For 8 sheep purchased, with +lambs, 8s. Sum: 2 pounds.23d. Sum of livery and expenses: 159 +pounds 12s.1d. And there is owing: 5 pounds 9s.4d.1ob. + +Produce of Granary: The same render account of 221 and a half +quarters and 1 strike from all the produce of grain; and of 24 +quarters brought from Mardon. Sum: 245 and a half quarters and 1 +strike. For sowing 351 acres, 127 quarters. For bread for the lord +bishop, 18 and a half quarters delivered to John de Dispensa by +three tallies. For the balance sold, 110 quarters and 1 strike. +The same render account of 38 and a half quarters from all the +produce of small corn [grain]. For the balance sold, all. The same +render account of 29 quarters and 1 strike from all the produce of +mixed corn [grain]. For seeding 156 acres, 53 quarters and 1 +strike. For bread for 3 autumnal works, 9 quarters. For the +balance sold, 27 quarters. The same render account of 178 and a +half quarters from all the produce of barley. For sowing 102 and a +half acres, 49 and a half quarters. For payment for carts, 1 +quarter. For payment for hauling dung, 2 quarters. For allowance +of food of two carters, one carpenter, one neatherd, one dairy +woman, for the year, 32 and a half quarters. For feeding hogs in +the winter, 2 quarters. For the balance sold, 91 and a half +quarters. It is quit. + +The same render account of 311 quarters and 2 bushels from all the +produce of oats. In sowing 221 and a half acres, 110 and a half +quarters. For prebends of the lord bishop and lord king, on many +occasions, 131 and a half quarters and 2 bushels, by five tallies. +For prebends of Roger Wakelin, 2 and a half quarters and 3 +bushels. For prebends of Master Robert Basset, 3 and a half +quarters and 1 bushel. For provender of 2 horses of the lord +bishop and 1 horse of Richard Marsh, for 5 weeks, 5 and a half +quarters and 2 bushels. For provender of 2 horses of the lord +bishop who stayed 16 nights at Downton, 4 quarters. For that sent +to Knoyle, 18 quarters. For provender of 1 horse of Robert of +Lurdon for 3 weeks, 1 and a half quarters. For prebends of two +carters 7 quarters and 2 bushels. For the balance sold, 12 +quarters. And there remains 14 quarters and 1 strike. The same +render account of 6 and a half quarters from the whole produce of +beans. For planting in the garden half a quarter. For the balance +sold, 6 quarters. It is quit. + +The same render account of 4 quarters and 1 strike from all the +produce of peas. For sowing 6 acres, 1 and a half quarters. For +the balance sold 2 and a half quarters and 1 strike. It is quit. +The same render account of 4 quarters from all the produce of +vetches [pea plants used for animal fodder]. For feeding pigs in +the winter, all. It is quit. + +Beasts of Burden: The same render account of 104 oxen remaining +from the previous year. And of 2 yoked from useless animals. And +of 1 from the will of Robert Copp. And of 17 purchased. Sum: 124. +Of living ones sold, 12. Of dead, 21. Sum: 33. And there remain 91 +oxen. The same render account of 2 goats remaining from the +previous year. All remain. + +The same render account of 19 cows remaining from the previous +year. And of 7 yoked from useless animals, and of 1 found. Sum: +27. By death, 1. By killing, brought for the need of the lord +bishop at Cranbourne, 2. Sum: 3. And there remain 24 cows. The +same render account of 7 heifers and 2 steers remaining from the +previous year. In yoked cows, 7 heifers. In yoked oxen, 2 bulls. +Sum: 9. + +The same render account of 12 yearlings remaining from the +previous year. By death, 1. There remain 11, of which 5 are +female, 6 male. + +The same render account of 13 calves born this year from cows, +because the rest were sterile. In tithes, 1. There remain 12. +The same render account of 858 sheep remaining from the previous +year. And of 47 sheep for the payment of herbage, after birth, and +before clipping. And of 8 bought before birth. And of 137 young +ewes mixed with two-year-olds. Sum: 1050. In live ones sold at the +time of Martinmas, 46. In those dead before birth, 20. In those +dead after birth and before shearing, 12. Sum: 78. And there +remain 972 sheep. + +The same render account of 584 wethers [castrated rams] remaining +from the previous year. And of 163 wethers mixed with two-year- +olds. And of 16 rams from Lindsey, which came by brother Walter +before shearing. Sum: 763. In living ones sold at the time of +Martinmas, 27 wethers, 10 rams. Paid to the men of Bishopton +before shearing by writ of the seneschal, 20. By death, before +shearing, 14. Sum: 71. And there remain 692 sheep. +The same render account of 322 old sheep remaining, with lambs +from the previous year. By death before shearing, 22. And there +remain 300; whence 137 are young ewes, mixed with sheep, and 163 +males, mixed with wethers. + +The same render account of 750 lambs born from sheep this year +because 20 were sterile, and 30 aborted. In payment of the smith, +2; of shepherds, 3. In tithes, 73. In those dead before shearing, +105. Sum: 181. And there remain 569 lambs. + +The same render account of 1664 large sheep-skins whence 16 were +from the rams of Lindsey. In tithes, 164. In payment of three +shepherds, 3. In the balance sold 1497 skins with 16 skins from +Lindsey which made 11 pondera. + +The same render account of 569 lamb skins. In the balance sold, +all, which made 1 and a half pondera. + +The same render account of 138 cheeses from arrears of the +previous year. And of 19 small cheeses. And of 5 larger ones from +the arrears of the previous year. And of 273 cheeses which were +begun the 6th of April and finished on the feast of St. Michael, +both days being counted. And they made cheeses two by two for 96 +days, viz. from the 27th April to the vigil of the feast of St. +Peter in Chains, both days being counted. Sum: 435 cheeses. In +tithes 27. In payment of a shepherd, and mowers of the meadow from +Nunton, 2. In duty of a carter, 3. In autumnal work, 10. In +expenses of the bishop in the kitchen, 2 by one tally. In the +balance sold, 133 cheeses, which made 10 heads, from arrears of +the previous year. In the balance sold, 177 cheeses, which made 18 +heads in this year. In expenses of the lord king and lord bishop +on the feasts of St. Leonard and St. Martin, 19 small cheeses, and +5 larger ones from the arrears of the previous year. And there +remain 52 small cheeses which make one head. + +The same render account of 124 hogs remaining from the previous +year. And of 29 that were born of sows. Sum: 153 pigs. In tithes, +2. By death, 9. In those killed for the larder, 83. Sum: 95 pigs. +And there remain 58 pigs. Also 19 suckling pigs. Sum of the whole: +77 pigs. + +The same render account of 48 chickens from arrears of the +previous year. And of 258 chickens for cheriset. Sum: 306. In +expenses of the lord bishop on the feast of St. Martin, 36 by one +tally. In expenses of the same on the feast of St. Leonard, 106, +by one tally. In expenses of the lord king and bishop on the feast +of the Apostles Peter and Paul, 131 chickens, by two tallies. In +allowance for food for Roger Wakelin, 8. In allowance of food for +Master Robert Basset, 4. By death, 21. Sum: 306 chickens. It is +quit. + +The same render account of 273 chickens, 27 sticae of eels, 4 +suckling pigs, freed for the expenses of the lord king and bishop. +From the Larder: The same freed for the expenses of the lord +bishop meat of 2 cows taken to Cranbourne. + +The same render account of 13 sides of bacon, arrears of the +previous year. And of 5 oxen and 1 quarter of old beef from +arrears of the previous year. And of 84 hogs from Downton. And of +71 hogs from Mardon. And of 10 hogs from Overton. And of 9 hogs +from High-Clere. And of 14 hogs from Harwell. And of 7 hogs from +Knoyle. Sum: 203 hogs, and meat of 5 oxen and one quarter. In +expenses of the lord bishop at the feast of St. Martin, 8 sides of +bacon. In expenses of the same at the feast of St. Leonard, 17 +sides of bacon, the meat of 5 oxen, and 1 quarter of an ox. In +expenses of the same on the morrow of the feast of the Holy Cross, +delivered to Nicolas the cook, 27 sides of bacon. In expenses of +the lord bishop delivered to the same cook at Knoyle on the +Saturday before the feast of St. Michael, 15 sides of bacon. In +expenses of the same and of the lord king on the feast of the +Apostles Peter and Paul, 50 sides of bacon. In allowance of food +to Master Robert Basset on the feast of All Saints, half a side of +bacon. In allowance of food to the same on Wednesday and Thursday +before Pentecost, 1 side of bacon. In those sent to Knoyle for +autumnal work, 6 sides of bacon. In three autumnal festivals at +Downton, 9 and a half sides of bacon. Sum: 134 sides of bacon. And +there remain 74 sides of bacon. + +The same render account of skins, sausages, and offal of the said +hogs. In expenses of the lord king and lord bishop at the feast of +St. Leonard, all. Nothing remains." + +King Richard the Lion-hearted, unlike his father, was interested +in warfare. He spent most of his term on crusade to recover +Jerusalem. For his expenses, he imposed a tax of one-tenth of +rents and income from moveable goods. He also sold town charters, +heiresses and heirs, widows, sheriffdoms, justiceships, earldoms, +and licenses for tournaments. The crusades' contact with Arabs +brought to England arabic numerals, which greatly facilitated +arithmetic, Arab horses, and an expansion of trade. The church +decreed that those who went on these crusades would be remitted of +his sins. + +At the end of this period was the reign of King John, a short man. +After his mother Eleanor's death in 1204, John ruled without her +influence. He had no conscience and his oaths were no good. He +trusted and was trusted by no one. He had a huge appetite for +money. He imposed 2,000 pounds [3,000 marks] on London for +confirmation of its charter. He imposed levies on the capital +value of all personal and moveable goods. It began the occasional +subsidies called "tenths and fifteenths" from all people on +incomes from movables: one-tenth from boroughs and royal demesne +land, and one-fifteenth elsewhere. He sold the wardships of minors +and the marriages of heiresses to the highest bidder, no matter +how base. He appointed unprincipled men to be both sheriff and +justice, enabling them to blackmail property holders with +vexatious writs and false accusations. Writs were withheld or sold +at exorbitant prices. Crushing penalties were imposed to increase +the profits of justice. He asserted over fowls of the air the same +exclusive right as over beasts of the forest. The story of Robin +Hood portrays John's attempt to gain the crown prematurely while +Richard was on the Crusades to recover Jerusalem for Christendom. +(In 1198, the bishop barons had refused to pay for a campaign of +Richard's war in Normandy arguing that military service was only +due within the kingdom of England. When Richard was captured, +every person in the realm was required to pay a part of his ransom +of 100,000 pounds, which was double the whole revenue of the +crown. Aids, tallages, and carucage were imposed. The heaviest +impost was one-fourth of revenue or of goods from every person.) +In 1213, strong northern barons refused a royal demand for service +in France or scutage, arguing that the amount was not within +custom or otherwise justified. John had private and public +enemies. No one trusted him and he trusted no one. His heavy- +handed and arbitrary rule quickly alienated all sectors of the +population: other barons, bishops, London, and the commons. They +joined the barons to pressure him to sign the Magna Carta +correcting his abuses. For instance, since John had extracted many +heavy fines from barons by personally adjudging them blameworthy +in disputes with others, the barons wanted judgment by their peers +under the established law of the courts. In arms, the barons +forced John to sign the Magna Carta correcting his abuses. + + + + - The Law - + +No one, including the lord of a manor, may take land from anyone +else, for instance, by the customary process of distress, without +a judgment from the Royal Court. This did not apply to London, +where a landlord leasing or renting land could take distress in +his fee. + +No one, including the lord of a manor, shall deprive an heir of +the land possessed by his father, i.e. his birthright. + +A tenant may marry off a daughter unless his lord shows some just +cause for refusing to consent to the marriage. A tenant had to pay +an "aid" to his lord when the lord's daughter married, when the +lord's son was knighted, or when the lord's person was ransomed. + +A man [or woman] may not will away his land, but he may sell it +during his lifetime. + +The land of a knight or other tenant of a military fee is +inherited by his eldest son. The socage land of a free sokeman +goes by its ancient custom before the Norman Conquest. + +If a man purchased land after his marriage, his wife's dower is +still one-third of the land he had when they married, or less if +he had endowed her with less. But he could then enlarge her dower +to one-third of all of his lands. The same rule applied if the man +had no land, but endowed his wife with chattel or money instead. + +Dower law prevented a woman from selling her dower during the life +of her husband. But he could sell it or give it away. On his +death, its possessor had to give the widow the equivalent worth of +the property. + +A widower had all his wife's lands by curtesy of the nation for +his lifetime to the exclusion of her heirs. + +The Capital Messuage [Chief Manor] could not be given in dower or +divided, but went in its entirety to its heir. + +Heirs were firstly sons, then daughters, then grandsons per +stirpes, then granddaughters per stirpes, then brothers, and then +sisters of the decedent. [By taking "per stirpes" instead of "per +capita", a person's share goes to that person's heirs if that +person predeceases the ancestor-decedent.] Male heirs of land held +by military service or sons of knights who were under the age of +twenty-one were considered to be in custody of their lords. The +lord had wardship over the heir's land, excluding the third that +was the widow's dower for her life. He had to maintain the heir in +a manner suitable to his dignity and restore to him when he came +of age his inheritance in good condition discharged from debts. +Male heirs of sokemen who were under the age of fifteen were in +the custody of their nearest kindred. The son of a burgess came of +age when he could count money, measure cloth, and manage his +father's concerns. + +Female heirs remained in the custody of their lords until they +married. The lord was bound to find a marriage for his ward when +she became fourteen years of age and then deliver her inheritance +to her. She could not marry without her lord's consent, because +her husband was expected to be the lord's ally and to do homage to +him. But if a female heir lost her virginity, her inheritance +escheated to her lord. A woman with property could not do homage +because she could not perform military service, but she generally +swore fealty. She could receive homage from men. + +Bastards were not heirs, even if their father married their mother +after birth. + +Any adult inheriting land had to pay a "relief" to the lord of the +land. For a knight's fee, this was 100s. For socage land, this was +one year's value. The amount for a barony depended upon the King's +pleasure. + +Heirs (but not widows) were bound to pay the debts of their +fathers and ancestors. A man who married a woman who had inherited +land could not sell this land without the consent of its heirs. + +When a man dies, his wife shall take one-third and his heirs shall +take one-third of his chattels [movables or personal property]. +The other third he may dispose of by will. If he had no heirs and +no will [intestate], all his chattels would escheat to his lord. +Any distribution of chattels would take place after all the +decedent's debts were paid from the property. + +A will required two witnesses. The testator could name an +executor, but if he did not, the next of kin was the executor. A +will could not be made by a man on his death bed because he may +well have lost his memory and reason. Also, he could not give to a +younger son if in so doing, he would deprive his lawful heir. But +he could give a marriage gift to a daughter regardless of the +lawful heir. + +Usury was receiving back more than what was lent, such as interest +on a loan of money. When a usurer died, all his movables went to +the King. + +A villein may not buy his own freedom (because all that he has is +his lord's), but may be set free by his lord or by someone else +who buys his freedom for him. He shall also be freed if the lord +seduced his wife, drew his blood, or refused to bail him either in +a civil or criminal action in which he was afterwards cleared. But +a freed villein did not have status to plead in court, even if he +had been knighted. If his free status were tried in court, only a +freeman who was a witness to his being set free could avail +himself of trial by combat to decide the issue. However, if the +villein remained peacefully in a privileged town a year and a day +and was received into its guild as a citizen, then he was freed +from villeinage in every way. + +A freeman who married a villein lost his freedom. If any parent of +a child was a villein, then the child was also a villein. + +All shipwrecked persons shall be treated with kindness and none of +their goods or merchandise shall be taken from them. + +If one kills another on a vessel, he shall be fastened to the dead +body and thrown with it into the sea. + +If one steals from another on a vessel, he shall be shaven, tarred +and feathered, and turned ashore at the first land. + +Passage on the Thames River may not be obstructed by damming up +the river on each side leaving a narrow outlet to net fish. All +such weirs shall be removed. + + + + - Judicial Procedure - + +Henry II wanted all freemen to be equally protected by one system +of law and government. So he opened his court, the Royal Court, to +all people of free tenure. A court of five justices professionally +expert in the law, traveled with the King, and on points of +difficulty consulted with him. Justices began to be more than +presiding officers; they, instead of those attending, rendered the +judgments. The chief court was in Westminster, where the +weightiest decisions were made. Other professional itinerant +justices appeared periodically in all counties of the nation to +hear certain criminal and civil cases and to hear citizens' +private civil suits [common pleas]. They came to perform many +other tasks, including promulgating and enforcing new legislation, +seeking out encroachments on royal rights, reviewing the local +communities' and officials' performance of their public duties, +imposing penalties for failure to do them or for corruption, +gathering information about outlaws and non-performance of homage, +and assessing feudal escheats to the crown, wardships to which the +king was entitled, royal advowsons, feudal aids owed to the King, +tallages of the burgesses, and debts owed to the Jews. The +decision-making of itinerant justices on circuits begins the +process which makes the custom of the Royal Court the common law +of the nation. The county courts, where the travelling justices +heard all manner of business in the counties, adopted the +doctrines of the Royal Court, which then acquired an appellate +jurisdiction. The itinerant justices came from the same small +group of royal justices who were on the Royal Court and the +Exchequer, which was headed by the justiciar. Difficult cases were +decided by the king and wise men of his council. + +Tenants of manors and of escheats in royal hands, who had been +excused from the monthly county court, were required to appear. +Side by side with the reeve and four men of the rural townships +appeared the twelve legal men of each of the chartered boroughs +which owed no suit to the ordinary county court. In the formation +of the jury of presentment for criminal cases, each hundred sent +twelve legal men and each township four to make report to the +justices. Women did not serve on juries. Compurgation was not +used; accused persons were sent directly to the ordeal. In 1194, +twelve knights or legal men from each hundred answer before any +itinerant justice for their hundred in all criminal, civil, and +fiscal cases. All who are bound to attend before the itinerant +justices are, in the forest counties, compelled to attend the +forest courts. + +The Royal Court was chiefly concerned with 1) the due regulation +and supervision of the conduct of local government, 2) the +ownership and possession of land held by free tenure ("free +tenement" was decided by justices to be one held for life or one +held heritably [a fee]), 3) the repression of serious crime, and +4) the relations between the lay and the ecclesiastical courts. + +The doctrine of tenure applied universally to the land law formed +the basis for judicial procedure in determining land rights. Those +who held lands "in fee" from the king in turn subinfeudated their +land to men of lesser rank. The concept of tenure covered the +earl, the knight (knight's service), the church (frank-almoin +[free alms]), the tenant who performed labor services, and the +tenant who paid a rent (socage). Other tenures were: serjeanty +[providing an implement of war or performing a nonmilitary office] +and burgage. All hold the land of some lord and ultimately of the +King. + +Henry was determined to protect lawful seisin of land and issued +assizes giving the Royal Court authority to decide land law issues +which had not been given justice in the county or lord's court. +But he did not ordain that all litigation respecting free +tenements, e.g. right of seisin, should take place in the king's +court. Rather he gave protection to mere possession of land, which +could be justified because possession was intimately associated +with the maintenance of the king's peace. These assizes included +issues of novel disseisin [recent ejectment] of a person's free +tenement or of his common of pasture which belonged to his +freehold. Though the petty assize of disseisin only provided a +swift preliminary action to protect possession pending the lengthy +and involved grand assize on the issue of which party had the more +just claim or ultimate right of seisin, the latter action was only +infrequently invoked. The temptation of a strong man to seize a +neighbor's land to reap its profits for a long time until the +neighbor could prove and enforce his right was deterred. Any such +claim of recent dispossession [novel disseisin] had to be made +within three years of the disseisin. + +An example of a writ of novel disseisin is: The king to the +sheriff, greeting. N has complained to me that R unjustly and +without a judgment has disseised him of his free tenement in +[Houndsditch] since my last voyage to Normandy. Therefore I +command you that, if N gives you security for prosecuting his +claim, you are to see that the chattels which were taken from the +tenement are restored to it, and that the tenement and the +chattels remain in peace until Sunday after Easter. And meanwhile +you are to see that the tenement is viewed by twelve free and +lawfulmen of the neighborhood, and their names endorsed on this +writ. And summon them by good summoners to be before me or my +justices on the Sunday after Easter, ready to make the +recognition. And summon R. or his bailiff if he himself cannot be +found, on the security of gage and reliable securities to be there +then to hear the recognition. And have there the summoners, and +this writ and the names of the sureties. Witness etc. + +Then an assize panel of recognition summoned concurrently with the +defendant and before he had pleaded, viewed the land in question +and answered, from their knowledge, these questions of fact: 1) +Was the plaintiff disseised of the freehold in question, unjustly +and without judgment? 2) Did the defendant commit the disseisin? +Testimony of a warrantor (or an attorney sent by him in his place) +or a charter of warranty served to prove seisin by gift, sale, or +exchange. No pleadings were necessary and the action could proceed +and judgment given even without the presence of the defendant. The +justices amerced the losing party with a monetary penalty. A +successful plaintiff might be awarded damages to compensate for +the loss of revenue. + +There was also a writ for issues of inheritance of land called +"mort d'ancestor". By law the tenure of a person who died seised +of a tenure in a lord's demesne which was hereditary [seisin of +fee] returned to the lord, who had to give it to the heir of the +decedent. If the lord refused and kept it for himself or gave it +to someone else, the heir could sue in the Royal Court, which used +an similar assize panel of twelve men to decide whether the +ancestor was seised as of fee in his demesne, if the plaintiff was +the nearest heir, and whether the ancestor had died, gone on a +crusade but not returned, or had become a monk. Then it could give +possession to the heir. Since about 1150, heiresses divided the +land of their father if there was no son. The widow, of course, +retained her dower rights. As of 1176, the widow held her dower +from the heir instead of from the husband's lord. If the heir was +a minor, the guardian lord would be in actual control of the land. +A national policy was implemented that in the case of the death of +a freeholder, the rights of the family, his will, and his debts +were to be provided for before relief was paid to his lord. + +Eventually royal justices acquired authority to decide the +ultimate question of right to land using the grand assize as an +alternative to the traditional procedures which ended in trial by +combat. Issues of the ultimate right of seisin were brought to the +Royal Court by a contestant in a local court who "put himself [or +herself] upon the King's grand assize". The assize consisted of +twelve knights from the county or neighborhood who were elected by +four knights of the same county or neighborhood (selected by the +sheriff or the suitors) and who were known as truthful men and +were likely to possess knowledge of the facts, either from +personal seeing or hearing, or from statements which their fathers +had made to them from their personal knowledge. The avenue by +which a person who felt he had not had justice in the manor court +on his claim for certain freehold land appealed to the king was by +writ of right after the manor court's decision or by a writ +praecipe during the manor court's proceeding. An example of a writ +praecipe is: "The king to the sheriff greeting. Command [praecipe] +N. to render to R. justly and without delay one hide of land in a +certain vill, which the said R. complains that the aforesaid N. is +withholding from him. If he does not do so, summon him by good +summoners to be before me or my justices on the day after the +octaves of Easter, to show why he has not done so. And have the +summoners and this writ. Witness." When the parties appeared in +court, the claimant states his suit such as: "I claim against this +N. the fee of half a knight and two carucates of land in a certain +vill as my right and my inheritance, of which my father (or +grandfather) was seized in his demesne as of fee in the time of +King Henry the First, and from which he took the profits to the +value of five shillings at least, in grain and hay and other +profits; and this I am ready to prove by this freeman of mine, H., +and if any evil befalls him them by this other man or by this +third man, who saw and heard it". Then the defendant chose to deny +the claim word for word with proof by combat or to put himself +upon the grand assize of the king. If he chose trial by combat, +the parties or their champions fought. The party losing, usually +by crying craven, had to pay a fine of 60s. If the grand assize +was chosen, the action was removed to the Royal Court. A writ of +grand assize was issued as follows: "The king to the sheriff, +greeting. Summon by good summoners the following twelve, namely, +A. B. ..., to be before me or my justices at a certain place on a +certain day, ready to declare on oath whether N. or R. has the +greater right in one hide of land (or other things claimed) which +the aforesaid R. claims against the aforesaid N., who is tenant, +and in respect of which the aforesaid N., who is tenant, has put +himself upon my assize and has sought a recogniton to determine +which of them has the greater right in the things claimed. And +meanwhile the twelve shall view the land (or tenements from which +the services are demanded). And summon by good summoners N., who +is tenant, to be there to hear the recogniton. Witness..." The +claimant could object to any of the twelve knights for just cause +as determined by the court. Each of the twelve gave an oath as to +whether the plaintiff's or the defendant's position was correct. +This oath was not to speak falsehood nor conceal truth according +to knowledge gained by eye-witness or "by the words of their +fathers and by such words as they are bound to have such +confidence in as if they were their own". If any did not know the +truth of the matter, others were found until twelve agreed [the +recognitors] on which party had the greater right. Perjury was +punished by forfeiture of all one's goods and chattels to the king +and at least one year's imprisonment. If the tenant in court +vouched another to warranty, such as the lord to whom he paid +homage, that warrantor would stand in his place in the +proceedings. If the warrantor lost, he would have to give to his +vassal equivalent land in exchange. Burgage tenure was not usually +decided by assize. Also, if the parties were relatives, neither +the assize nor the combat was available to them, but the matter +had to be decided by the law of inheritance. + +Itinerant justices could conduct these assizes: petty and grand. +In 1198, the hundred is empowered to act on all the business of +the session, including all recognitions and petty assizes ordered +by the king's writ, where the property in dispute was worth no +more than 200s. [ten pounds] a year. The four knights came to be +selected by the suitors of the county court rather than by the +sheriff. + +This assize procedure extended in time to all other types of civil +actions. + +Also removable to the Royal Court from the county courts were +issues of a lord's claim to a person as his villein (combat not +available), service or relief due to a lord, dower rights, a +creditor's refusal to restore a gage [something given as security] +to a debtor who offered payment or a deposit, money due to a +lender, a seller, or a person to whom one had an obligation under +a charter, fish or harvest or cattle taken from lands unjustly +occupied, cattle taken from pasture, rights to enjoy a common, to +stop troubling someone's transport, to make restitution of land +wrongfully occupied, to make a lord's bailiff account to him for +the profits of the manor. + +The Royal Court also decided disputes regarding baronies, nuisance +or encroachments on royal land or public ways or public waterways, +such as diverting waters from their right course and issues of +nuisance by the making or destroying of a ditch or the destruction +of a pond by a mill to the injury of a person's freehold. Other +pleas of the Crown were: insult to the royal dignity, treason, +breaches of safe-conducts, and injury to the King's servants. + +Henry involved the Royal Court in many criminal issues, using the +agencies of the county and hundred courts. To detect crimes, he +required royal justices to routinely ask selected representatives: +knights or other landholders, of every neighborhood if any person +were suspected of any murder, robbery, theft, etc. A traveling +royal justice or a sheriff would then hold an inquest, in which +the representatives answered by oath what people were reputed to +have done certain crimes. They made such inquiries through assizes +of presentment, usually composed of twelve men from each hundred +and the four best men of each township. (These later evolved into +grand juries). These assizes were an ancient institution in many +parts of the country. They consisted of representatives of the +hundreds, usually knights, and villages who testified under oath +to all crimes committed in their neighborhood, and indicted those +they suspected as responsible and those harboring them. What +Henry's assize did was to insist upon the adoption of a standard +procedure everywhere systematically. The procedure was made more +regular instead of depending on crime waves. If indicted, the +suspected persons were then sent to the ordeal. There was no trial +by compurgation in the Royal Courts, which was abolished by Henry. +If determined guilty, he forfeited his chattels to the king and +his land reverted to his landlord. If he passed the ordeal but was +ill-famed in the community, he could be banished from the +community. The ordeal was abolished by the Lateran Council of +1215. + +As before, a person could also be brought to trial by the +accusation of the person wronged. If the accused still denied the +charge after the accuser testified and the matter investigated by +inquiries and interrogation and then analyzed, trial by combat was +held, unless the accuser was over the age of sixty or maimed, in +which case the accused went to the ordeal. + +If a man failed at the ordeal, the penalty prescribed by the +assize of Clarendon of 1166 was loss of a foot and abjuring the +realm. The assize of Northhampton of 1176 added loss of the right +hand. Under the former assize, a man who had a bad reputation had +to abjure the realm even if he had successfully undergone the +ordeal. + +Criminal matters such as killing the king or sedition or betraying +the nation or the army, fraudulent concealment of treasure trove +[finding a hoard of coins which had been buried when danger +approached], breach of the King's peace, homicide, murder +(homicide for which there were no eye-witnesses), burning (a town, +house, men, animals or other chattel for hatred or revenge), +robbery, rape and falsifying (e.g. false charters or false +measures or false money) were punishable by death or loss of limb. +All murders were now punished alike because the applicability of +the murdrum couldn't be determined since it was impossible to +prove that the slain man had been English. + +Trespass was a serious and forcible breach of the peace onto land +that developed from the criminal law of felony. One found guilty +of it could be fined and imprisoned as well as amerced. + +House-breaking, harboring outlaws, and interference with the royal +perquisites of shipwreck and the beasts of the sea which were +stranded on the coast [such as whales and sturgeon] were also +punishable in the Royal Court. + +The Royal Court had grown substantially and was not always +presided over by the King. To avoid court agents from having too +much discretionary power, there was a systematic procedure for +bringing cases to the Royal Court. First, a plaintiff had to apply +to the King's Chancery for a standardized writ into which the +cause had to fit. The plaintiff had to pay a fee and provide a +surety that the plea was brought in good faith. The progress of +the suit was controlled at crucial points by precisely formulated +writs to the sheriff, instructing him for instance, to put the +disputed property under royal protection pending a decision, to +impanel an assize and have it view the property in advance of the +justices' arrival, to ascertain a point of fact material to the +plea, or to summon a 'warrantor' to support a claim by the +defendant. + +The Royal Court kept a record on its cases on parchment kept +rolled up: its "rolls". The oldest roll of 1194 is almost +completely comprised of land cases. + +Anyone could appoint an agent, an "attorney", to appear in court +on his behalf, it being assumed that the principal could not be +present and royal authorization given. A wife could represent her +husband. The principal was then bound by the actions of his agent. +Gradually men appeared who made a business of representing whoever +would employ them. The common law system became committed to the +"adversary system" with the parties struggling judicially against +each other. + +The Royal Court took jurisdiction over issues of whether certain +land was civil or ecclesiastical [assize utrum], and therefore +whether the land owed services or payment to the Crown or not. It +also heard issues of disturbance of advowson, a complex of rights +to income from a church and to the selection of a parson for the +church [assize of darrein [last] presentment]. Many churches had +been built by a lord on his manor for his villeins. The lord had +then appointed a parson and provided for his upkeep out of the +income of the church. In later times, the lord's chosen parson was +formally appointed by the bishop. By the 1100s, many lords had +given their advowsons to abbeys. This procedure used twelve +recognitors selected by the sheriff. + +As before, the land of any person who had been outlawed or +convicted of a felony escheated to his lord. His moveable goods +and chattels became the King's. If he was executed, his heirs +received nothing because they were of the same blood as the felon, +which was corrupt: "corruption of the blood". The loss of civil +rights and capacities after a sentence of death for felony or +treason, which resulted in forfeiture of property and corruption +of the blood, was called "attainder". + +The manor court heard cases arising out of the unfree tenures of +the lord's vassals. It also heard distraint, also called +"distress", issues. Distraint was a landlord's method of forcing a +tenant to perform the services of his fief. To distrain by the +fief, a lord first obtained a judgment of his court. Otherwise, he +distrained only by goods and chattels without judgment of his +court. A distraint was merely a security to secure a person's +services, if he agreed he owed them, or his attendance in court, +if he did not agree that he owed them. Law and custom restricted +the type of goods and chattels distrainable, and the time and +manner of distraint. For instance, neither clothes, household +utensils, nor a riding horse was distrainable. The lord could not +use the chattels taken while they were in his custody. If cattle +in custody were not accessible to the tenant, the lord had to feed +them at his expense. The lord, if he were not the King, could not +sell the chattel. This court also determined inheritance and dower +issues. + +The court of the vill enforced the village ordinances. The hundred +court met twice a month and dealt with the petty crimes of lowly +men in the neighborhood of a few vills. The county and borough +courts heard cases of felonies, accusations against freemen, tort, +and debts. The knights make the county courts work as legal and +administrative agencies of the Crown. + +The peace of the sheriff still exists for his county. The King's +peace may still be specially given, but it will cease upon the +death of the King. Law required every good and lawful man to be +bound to follow the hue and cry when it was raised against an +offender who was fleeing. The village reeve was expected to lead +the chase to the boundary of the next jurisdiction, which would +then take the responsibility to catch the man. + +Admiralty issues (since no assize could be summoned on the high +seas), and tenement issues of land held in frankalmoin ["free +alms" for the poor to relieve the king of this burden], where the +tenant was a cleric were heard in the ecclesiastical courts. + +Before Henry's reign, the church, with the pope's backing, had +become more powerful and asserted more authority. Henry tried to +return to the concept of the king being appointed by God and as +the head of the church as well as of the state, as in Henry I's +time, and to include the church in his reform of the legal system, +which would make the spiritual jurisdiction and temporal +jurisdiction conform to a common justice. Toward this end, he +published the Constitutions of Clarendon. But the Archbishop of +Canterbury, Thomas Becket, refused to agree to them, although as +Chancellor he had seen the beneficial effects on the kingdom of +Henry's legal measures. The disagreement came to a head in Henry's +attempt to establish the principle of "one law to all" by having +church clerics punished by the civil courts as before, instead of +having "benefit of clergy" to be tried and punished only in +ecclesiastical courts, even for secular crimes. Clerics composed +about one-sixth the population. The church courts had +characteristically punished with spiritual penalties of a fine or +a penance, and at most defrocking. It could not impose a death +penalty, even for murder. When Archbishop Becket was murdered and +became a martyr, "benefit of clergy" became a standard right, +except for offenses in the king's forests. Appeals could be made +to the pope without the king's permission. The king could take a +criminal cleric's chattels, but not his life. However, though +theoretically bishops were elected by the body of bishops with the +approval of the king, as a practical matter, the king chose the +bishops and the abbots. It was a constant matter of dispute, in +which the pope would sometimes involve himself. Selection of +archbishops was also a frequent matter of contention between king +and pope. + +The church copied the assize procedure developed by the Royal +Court to detect ecclesiastical offenses. Trial was still by +compurgation. Bishops could request the Chancery to imprison an +offender who had remained excommunicant for forty days, until he +made amends. Chancery complied as a matter of course. This went on +for six centuries. + +The delineations of jurisdiction among these courts were confused +and there was much competing and overlapping of jurisdictions. +However, the court could appoint arbitrators or suggest to the +parties to compromise to avoid the harshness of a decisive +judgment which might drive the losing party to violent self-help. + +The office of coroner was established about 1194 to supplement the +judicial investigations of crimes with local officers prior to the +arrival of the itinerant justices. Four knights who were residents +of the county and possessed sufficient land were elected by the +county court for life. Sometimes they had county and royal +connections instead. They received no pay. They determined if +sudden deaths were accidental or due to murder and the cause of +death of prisoners. They also held inquests on other crime such as +bodily injury, rape, and prison break. They attached [arrested] +the accused and evaluated and guarded his chattels until after the +trial. If the accused was found guilty, his possessions went to +the King. The coroner sat with the sheriff at every county court +and went with him on his turns. This office and the forbidding of +sheriffs to act as justices in their own counties reduced the +power of the sheriffs. The responsibility of receiving the oath of +the peace is changed from the sheriff to knights, the duty of the +sheriffs being only to receive and keep the criminals taken by +these knights until the justices came to try them. + +Also, at this time, the constitution of the grand jury of the +county was defined. First, four knights were to be chosen in the +county court. These were to select on oath two knights from each +hundred. These two, also on oath, are to add by co-optation ten +more for the jury of the hundred. + +In London, if one of two witnesses for the defence died while an +action was pending, the survivor, after offering his oath, could +proceed to the grave of the dead witness, and there offer oath as +to what the dead man would have sworn if he had been alive. If a +foreigner was bound to make oath for debt or any misdeed, he could +make it with six others, his own oath being the seventh; but if +could not find six supporters, he alone could make the oath and +take it in the six nearest churches. + +In London, the method of capital punishment was being confined to +hanging, instead of also being in the form of beheading, burning, +drowning, stoning, or hurling from a rock. In cases of drowning, +the offender was first sewn up in a sack with a snake, a dog, an +ape, and a cock. + +Chief Justiciar Ranulph Glanvill wrote a treatise on the writs +which could be brought in the Royal Court and the way they could +be used. It was a practical manual of procedure and of the law +administered in the Royal Court. + +There are personal actions such as "debt" for specific chattel or +specific sum of money. This splits into two actions. The detinue +award is for the specific chattel or its value. The action of +"replevin" is available to the tenant to recover personal property +which had been wrongly distrained, usually cattle; the goods are +"repledged" pending action. Also, but rarely used, are "covenant" +to protect termors for leases of land for terms of years, and +"trepass": a semi-criminal action brought by a private party for +an offense punishable by death (or in the 1100s by mutilation) +such as murder, rape, robbery, or mayhem, that is done with force +of arms and against the peace of the king. The use of trespass +grew as private actions for felony were supplanted by public +indictment. It occasioned outlawry in default of appearance. These +personal actions were initiated in common law courts by their +respective writs. + +These are some of the cases of novel disseisin brought to the +king's court: + +Woodbridge v. Bardolf (1194, king's court): +Ralf of Woodbridge seeks before the justices his free +tenement in Hebston by the assize of novel disseisin against +Hugh Bardolf. Against which assize Hugh said that he had +that seisin by judgment of his court for the default of the +same Ralf. And the court has recorded the summons and +distraints reasonably made on the same Ralf. And Ralf +himself has acknowledged the summons and distraints and said +that he ought not hold anything from him in that land; +rather, it is of another's fee. And because neither he nor +anyone for him has complained to the justices that Hugh +unjustly drew him into a plea concerning a tenement which +Ralf himself held of the fee of another lord, it is +considered that Hugh hold in peace. And let Ralf plead by +writ of right if he want and be in mercy for his false +claim. + +Turroc v. fitz Walter (1194, king's court): +The assize came to recognize if Clement son of Walter +unjustly and without judgment disseised Matilda of Turroc of +her free tenement within the assize. Clement comes and says +that he disseised her by judgment of his court. The court is +present and records that she occupied more of her lord's +land than she had in dower by the sheriff and by order of +the lord king, so that she was summoned and distrained to +come in to court, and she so responded that she remained in +mercy of 10s. by judgment, so that for that amercement and +for other complaints she made fine with her lord for 1/2 +mark [7s.] and put her land in pledge in his court and did +not want to render the 1/2 mark [7s.]. And therefore by +judgment of his court he seised it. Matilda denies all word +for word. And the same Clement only produces two men from +his court; and it is considered that it was no court. +Judgment: let Matilda have her seisin and let Clement be in +mercy for disseisin. + +Fitz Hereward v. Prior of Lecton (1195, king's court): +The assize came to recognize if the prior of Lecton unjustly +and without judgment disseised Reginald son of Hereward and +Essolda his wife of his free tenement in Clapston after the +first coronation of the lord king. The prior says that the +assize ought not be taken thereof, because he seised that +land by judgment of his court for default of his service and +his rent, whereof he has his court present, which asserts +the same thing. It is considered that the prior replevy +[give back] to them their land and give them a day in his +court concerning the arrears of rents and services. And let +him treat them justly by judgment of his court. + +Stanfeld v. Brewes (1199, king's court): +The assize comes to recognize if Simon of Brewes and Luke +cleric and Peter of Brewes unjustly and without a judgment +disseised Odo of Stanfeld and Juliana his wife of her free +tenement in Michehey within the assize. Simon says that the +assize ought not be taken thereof, because he took that land +into his hand by judgment of his court -- which he produced +and which attests to this -- for default of his service. And +it was testified that Odo holds that land from the same +Simon. Simon was ordered to replevy that land to Odo as well +as the chattels and to treat him rightfully in his court. + +fitz William v. Amice et al. (1200, king's court): +The assize comes to recognize if Amice who was the wife of +Richard earl of Clare and Hugh of Ceriton, John of Cornherd, +William of Wattevill, Alexander son of Gilbert, Alexander +son of Matthew, Bartholomew son of Alexander, Robert of +Cornherd, and Geoffrey son of Leveric unjustly and without +judgment disseised Richard son of William of Sudbury of his +free tenement in Sudbury after the feast of St Michael next +before the coronation of the lord king. The countess says +that, when she was separated by papal order from the earl of +Clare her husband by reason of consanguinity, to which +husband the vill of Sudbury had been given with her as +marriage portion, she came to Sudbury and convoked her court +and made the same Richard to be summoned to come to show by +what warrant he held her land. He willingly entered into the +plea and vouched the earl of Clare her former husband to +warrant and at the day given him to have [his warrantor] he +did not have him. And thus by consideration of her court she +seised her land and holds it. Which court she produced and +which attests this. Richard comes and denies that he was +ever summoned or came into her court by summons or vouched +to warranty or so lost seisin by consideration of the court +of the countess. And this he offers [to prove]. It is +considered that he defend himself 12-handed that he did not +willingly enter into the plea and vouch to warranty. Let him +wage his law [prove by the 12-handed oath, thus, by +compurgation]. Pledges of the law: Hugh son of Hugh, Wido of +Sudbury. Day is given them at the quindene of St. John. + +This is the suit of Richard of Sudbury: [there follow the +names, but only of 10 men] against the countess Amice who was +the countess of Clare, concerning whom he had complained +concerning a novel disseisin of his free tenement in Sudbury. +She said that by judgment of her court for default of warranty +which he had vouched did she make the [dis]seisin and thereof +did she produce suit. And he denied against her and against +the suit, and law was adjudged. And he comes with his law and +makes it with the abovesaid suit. Therefore it is considered +that he recover thereof his seisin; let the countess be in +mercy for unjust disseisin and also her men, of whom the same +Richard has complained. And let the same countess return to +him the damages done thereof by a jury of law-worthy men of +the vicinity. The names of the men of the countess are in the +writ. + +A sample of crown pleas in several hundreds or wapentakes [Danish +name for a hundred] from 1201 to 1203 are: + +1. Denise, who was wife to Anthony, appeals Nicholas Kam of + the death of Anthony, her husband, for that he wickedly slew + her husband; and this she offers to prove against him under + award of the court. And Nicholas defends all of it. It is + considered that Denise's appeal is null, for in it she does + not say that she saw the deed. The jurors being asked, say + that they suspect him of it; the whole county likewise + suspects him. Let him purge himself by water [ordeal] under + the Assize. He has waged his law. + +2. William de Ros appeals Ailward Bere, Roger Bald, Robert + Merchant, and Nicholas Parmenter, for that they came to his + house and wickedly in the king's peace took away from him a + certain villein of his whom he kept in chains because he + wished to run away, and led him off, and in robbery carried + away his wife's coffer with one mark of silver and other + chattels; and this he offers to prove by his son, Robert de + Ros, who saw it. And Ailward and the others have come and + defended the felony, robbery, and breach of the king's + peace, and say that (as the custom is in Cornwall) Roger of + Prideaux, by the sheriff's orders, caused twelve men to come + together and make oath about the said villein, whether he + was the king's villein or William's and it was found that he + was the king's villein, so the said Roger the serjeant + demanded that [William] should surrender him, and he + refused, so [Roger] sent to the sheriff, who then sent to + deliver [the villein], who, however, had escaped and was not + to be found, and William makes this appeal because he wishes + to keep the chattels of Thomas [the villein], to wit, two + oxen, one cow, one mare, two pigs, nine sheep, eleven goats. + And that this is so the jurors testify. Judgment: William + and Robert in mercy for the false claim. William's + amercement, a half-mark. Robert's amercement, a half-mark. + Pledge for the mark, Warin, Robert's son. Let the king have + his chattels from William. Pledge for the chattels, Richard, + Hervey's son. + +3. Serlo of Ennis-Caven appeals Osbert of Dimiliock and + Jordan, Walter's son, for that they in the king's peace + wickedly assaulted, beat and seriously wounded him, so that + by reason of the beating three bones were extracted from his + head; and this he offers to prove against him under the + court's award as a man maimed by that mayhem. And it is + testified by the coroners that the wounds when fresh were + shown in the county [court], and that [the bones were + broken] as aforesaid. And Osbert and Jordan come and defend + word by word. It is considered that Osbert do purge himself + by ordeal of iron on account of the appeal, for Serlo betook + himself against Osbert in the first instance. And let Jordan + be in custody until it be known how Osbert shall fare. And + the other persons who are appealed as accessories are to be + under pledge until [Osbert's fate] be known. + +4. The jurors say that they suspect William Fisman of the + death of Agnes of Chilleu, for the day before he had + threatened her body and goods. And the four neighboring + townships being sworn, suspect him of it. It is considered + that he purge himself by water under the Assize. + +5. William Burnell and Luke of the Well are suspected of the + burglary at the house of Richard Palmer by the jurors of the + hundred, and by the four neighboring townships, which are + sworn. Let them purge themselves by water under the Assize. + +6. Malot Crawe appeals Robert, Godfrey's son, of rape. He + comes and defends. It is testified that he thus raped her + and that she was seen bleeding. By leave of the justices + they made concord on the terms of his espousing her. + +7. Walter Wifin was burgled, and of his chattels taken from + his house in the burglary certain boots were found in the + house of Lefchild of Ranam, and the said Walter pursues + those boots as his. And Lefchild said that he bought them in + Bodmin market for 2 1/2 pence, but he knows not from whom. + And besides Walter says that eleven ells of linen cloth, + part of the stolen goods, were sold in Lefchild's house, and + all the other proceeds of the burglary, and that Lefchild + was the receiver of the burglars, namely, Robert of Hideford + and Alan the Foresters, whom he [Walter] had appealed of the + crime. And Lefchild defends. The jurors on being asked, say + that they suspect Lefchild of the said receipt. So let him + purge himself by water under the Assize. + +8. Eadmer of Penwithen appeals Martin, Robert and Thomas of + Penwithen, for that Robert wounded him in the head so that + twenty- eight pieces of bone were extracted, and meanwhile + Martin and Thomas held him; and this he offers to deraign + against the said Robert as a man thereby maimed, under the + court's award. And Robert comes and defends all of it word + by word. It is considered that he purge himself by ordeal of + iron. Let the others be in custody until it be known how + Robert shall fare. Afterwards Eadmer came and withdrew + himself, and submitted to an amercement of one mark. + Pledges, Reinfrid, Gill's son, and Philip his brother. Let + the other appellees go quit. + +9. Reginald le Teinus accused of the receipt and fellowship + of Robert the outlaw comes and defends. The jurors say that + they suspect him, and the four neighboring townships say + that they suspect him of it. So let him purge himself by + water under the Assize. And there must be inquiry as to + Richard Revel, who was sheriff when the said Robert escaped + from his custody. + +10. Osbert of Reterth appeals Odo Hay, for that he assaulted + him as he was returning from Bodmin market, and in the + king's peace and wickedly struck him on the hand with a + stick, and afterwards struck him on the arm with his sword + so that he is maimed; and this he offers to prove as a + maimed man. And Odo defends it all. And that [Osbert] is + maimed is testified by knights sent to see him. Judgment: + let [Odo] purge himself by ordeal of iron because of this + appeal. + +11. Wulward of Wadebridge was burgled. And Odo Hay, Lawrence + Smith, Osbert Mediciner, and Benet his son, William Miller, + Robert of Frokemere, and Maud his sister, are suspected of + the burglary by the jurors of the hundred and by the four + nearest townships, which are sworn. Let the males purge + themselves by water under the Assize, and Maud by ordeal of + iron. Roger Morand fled for that burglary, and he was living + in Bodmin, [which town is] therefore in mercy. + +12. Robert, Godfrey's son, appeals Philip, William's son, + for that he came on the land of [Robert's] lord Richard + Fortescue, and wickedly and in the king's peace and in + robbery took eight oxen and a mantle, cape, and sword, and + carried them off; and this he offers to prove against him by + his body under award of the court. And Philip comes and + defends all of it word by word. It is considered that the + appeal is null, for the oxen were not Robert's, but + Richard's. The jurors being asked, say that [Philip] did no + robbery to [Richard]. So Richard Fortescue is in mercy for a + false appeal, and let Philip be quit. + +13. Peter Burel appeals Anketil of Wingely, for that he + wickedly in the king's peace assaulted him in the field + where he was pasturing his oxen, and beat him, and gave him + four wounds in the head, and in robbery took from him an axe + and a sword; and this he offers to prove against him; but he + shows no wound. And Anketil defends. And the county records + that [Peter] first appealed Roger of Tregadec of the same + robbery and of the same wounds. Therefore it is considered + that the appeal is null, and let Peter be in mercy for a + false appeal. His amercement, a half-mark; pledge for it, + Ralph Giffard. + +14. The jurors are in mercy for a silly presentment, for + they presented an appeal which was made in the hundred + [court] and which was not presented in the county [court]. + +15. Lucy of Morwinstow appeals Robert de Scaccis and Roland + of Kellio and Peter of Lancarf of robbing her of twenty + shillings and eight pence, and of a cloak, price a + half-mark. And it is testified by the jurors that they did + not rob her, and that she is a hireling, and that a man lay + with her in a garden, and the boys hooted her, so that she + left her cloak, and the boys took it and pawned it for two + gallons of wine. It is considered that Robert do give her + three pence in respect of the wine and do go quit. And + Roland and Peter neither come nor essoin [present an excuse + for nonappearance] themselves. And their pledges were + Nicholas brother of Alfred of Bodmin and Herbert Reeve of + Bodmin, who are therefore in mercy. + +16. Osbert Church accused of the death of Roland, son of + Reginald of Kennel, on the appeal of the said Reginald, was + detained in gaol and defends word by word. And Reginald + offers proof by the body of a certain freeman, Arkald, who + has his [Reginald's] daughter to wife, who is to prove in + his stead, since he has passed the age of sixty. Osbert + Church defends all of it. The knights of the hundred of + Penwith say that they suspect him of the said death. The + knights of kerrier [hundred] say the same. The knights of + Penwith [hundred] say the same. The knights of Pyder + [hundred] say the same. Judgment: let him purge himself by + water, and Reginald is in mercy, for he does not allege + sight and hearing, and because he has withdrawn himself, and + put another in his place, who neither saw nor heard and yet + offered to prove it, and so let both Reginald and Arkald be + in mercy. Osbert is purged by the water. Osbert's pledges: + Henry Little, Henry of Penant, Ossulf Black, Roger of + Trevithow, John of Glin, Ralph of Trelew. + +17. Roger of Wick [was] appealed of the death of Brictmer by + the appeal of Hawise, Brictmer's wife, and was captured in + flight, as say John of Winielton and Ralph of Mertherin, but + the flight is not testified by the hundred. Kerier [hundred] + says the same. Penwith [hundred] says the same. So is + considered that he purge himself by water. He is purged. + Roger's pledges: Ralph of Trelew, Ogier of Kurnick, Richard, + Simon's son, Alfred Malvoisin, Everwin of Lande, John of + Kewerion, Warin of Tiwardeni, Baldwin Tirel, Roger of + Trevithow, John of Glin, William of Dunham, Thomas, Osbert's + son. + +18. Richard, William's son, appealed Luke, Richard's son, + and William, the servant of Alan Clerk, of robbery and of + binding him. The appellees have not come nor essoined + themselves. The county together with the wapentake says that + they were appealed, not of the king's peace, but of the + sheriff's peace, so that the suit was and is in the county + [court], and therefore they were not attached to come before + the justices. Therefore the jurors are in mercy for + presenting what they ought not to have presented. + +19. William, Hawise's son, appeals Richard, son of Robert of + Somercotes, for that he came in the king's peace to his + house at Somercotes, and broke his house and robbed him + of...[an abrasion] shillings, and a cape and surcoat, and + twenty-five fowls, and twenty shillings worth of corn + [grain], and wounded him in the head with the wound that he + shows; and this he offers to prove against him as the court + shall consider etc. And Richard comes and defends the breach + of the king's peace and the house-breaking, wounding and + robbery, but confesses that he came to a certain house, + which William asserts to be his [William's], as to his + [Richard's] own proper house, which escheated into his hand + on the death of Roger his villein, and there he took certain + chattels which were his villein's and which on his villein's + death were his [Richard's] own: to wit, five thraves of + oats, thirteen sheaves of barley, and twenty-five fowls; and + he offers the king twenty shillings for an inquest [to find] + whether this be so or no. And William says that Richard says + this unjustly, for the said Roger never had that house nor + dwelt therein, nor were those chattels Roger's, but he + [William] held that house as his own, and the chattels there + seized were his. The jurors being questioned whether Roger + did thus hold the house of Richard in villeinage, say, Yes. + Also the coroners and the whole county testify that + [William] never showed any wound until now; and the wound + that he now shows is of recent date. Therefore it is + considered that the appeal is null, and let Richard go quit, + and William be in mercy for his false claim. Pledges for the + amercement, Gilbert, Robert's son, and Richard, Haldeng's + son. + +20. Astin of Wispington appeals Simon of Edlington, for that + he wickedly and in the king's peace assaulted him in his + meadows and put out his eye, so that he is maimed of that + eye; and this he offers to prove etc. Simon comes and + defends all of it word by word. And the coroners and the + county testify that hitherto the appeal has been duly sued, + at first by [Astin's] wife, and then by [Astin himself]. + Judgment: let law be made, and let it be in the election of + the appellee whether he or Astin shall carry the iron. He + has chosen that Astin shall carry it. Astin has waged the + law. Simon's pledges, William of Land and his frankpledge + and Ralph of Stures. Astin's pledges, Roger Thorpe, Osgot of + Wispington, and William, Joel's brother. Afterwards came + [the appellor and appellee] and both put themselves in + mercy. + +21. Gilbert of Willingham appeals Gilbert, Geoffrey's son, + for that he in the king's peace and wickedly set fire to his + house and burned it, so that after the setting fire [the + appellor] went forth and raised hue and cry so that his + neighbors and the township of Willingham came thither, and + he showed them [the appellee] in flight and therefore they + pursued him with the cry; and this he offers etc. And the + appellee defends all of it word by word etc. And the + neighbors and the township of Willingham being questioned, + say that they never saw him in flight, and that [the + appellor] never showed him to them. Likewise the jurors say + that in their belief he appeals him out of spite rather than + for just cause. Therefore it is considered that the appeal + is null, and the appellee is in mercy for a half-mark [7s.]. + Pledge for the amercement, Robert Walo. + +22. William burel appeals Walter Morcock, for that he in the + king's peace so struck and beat Margery, [William's] wife, + that he killed the child in her womb, and besides this beat + her and drew blood. And William of Manby, the beadle, + testifies that he saw the wound while fresh and the blood in + the wapentake [court]. And the serjeant of the riding and + the coroners and the twelve knights testify that they never + saw wound nor blood. And so it is considered that the appeal + is null, for one part of the appeal being quashed, it is + quashed altogether, and William Burel is in mercy. Let him + be in custody. And William Manby is in mercy for false + testimony. Pledges for William's amercement, Richard of + Bilsby, Elias of Welton. + +23. William Marshall fled for the death of Sigerid, Denis' + mother, whereof Denis appeals him; and he was in the Prior + of Sixhills' frank-pledge of Sixhills, which is in mercy, + and his chattels were two cows and one bullock. Afterwards + came the Prior of Sixhills and undertook to have William to + right before the justices. And he came, and then Denis, + Sigerid's son, came and appealed him of his mother's death. + And it was testified that [Denis] had an elder brother, and + that nine years are past since [Sigerid] died, and that she + lived almost a year after she was wounded, and that Denis + never appealed [William] before now. Therefore it is + considered that the appeal is null and that Denis be in + mercy. Pledge for the amercement, his father, Ralph, son of + Denis. + +24. Alice, wife of Geoffrey of Carlby, appealed William, + Roger's son, and William his son and Roger his son of the + death of William her brother. And Alice does not prosecute. + Therefore let her be in mercy and let her be arrested. To + judgment against the sheriff who did not imprison the said + persons who were attached, whereas they are appealed of + homicide, and to judgment also as to a writ which he ought + to produce. + +25. Hawise, Thurstan's daughter, appeals Walter of Croxby + and William Miller of the death of her father and of a wound + given to herself. And she has a husband, Robert Franchenay, + who will not stir in the matter. Therefore it is considered + that the appeal is null, for a woman has no appeal against + anyone save for the death of her husband or for rape. And + let Robert be in mercy on his wife's account, for a + half-mark [7s.], and let the appellees be quit. Pledge for + Robert's amercement, Richard Dean of Mareham, who has lay + property. Wapentake of Aswardhurn. + +26. Juliana of Creeton appeals Adam of Merle of battery and + robbery. And Adam does not come, but essoins himself as + being in the king's service beyond seas. And for that it is + not allowed to anyone appealed of the king's peace to leave + the land without a warrant before he has been before + justices learned in the law, his pledges are in mercy: to + wit, Segar of Arceles, Alan of Renington, and Robert of + Searby. Adam himself is excused from the plea by the essoin + that he has cast. + +27. Thomas, Leofwin's son, appeals Alan Harvester, for that + he in the king's peace assaulted him as he went on the + highway, and with his force carried him into Alan's house, + and struck him on the arm so that he broke a small bone of + his arm, whereby he is maimed, and robbed him of his cape + and his knife, and held him while Eimma, [Alan's] wife, cut + off one of his testicles and Ralph Pilate the other, and + when he was thus dismembered and ill- treated, the said Alan + with his force carried him back into the road, whereupon as + soon as might be he raised the cry, and the neighbors came + to the cry, and saw him thus ill-treated, and then at once + he sent to the king's serjeant, who came and found, so + [Thomas] says, the robbed things in Alan's house and then as + soon as might be [Thomas] went to the wapentake [court] and + to the county [court] and showed all this. So inquiry is + made of the king's sergeant, who testifies that he came to + Alan's house and there found the knife and the testicles in + a little cup, but found not the cape. Also the whole county + testifies that [Thomas] never before now appealed Alan of + breaking a bone. And so it is considered that the appeal is + null, and that [Thomas] be in mercy, and that the other + appellees be quit. Thomas also appeals Emma, Alan's wife, + for that she in the peace aforesaid after he was placed in + her lord's house cut off one of his testicles. He also + appeals Ralph Pilate, for that he cut off the other of his + testicles. + +28. The twelve jurors presented in their verdict that + Austin, Rumfar's son, appealed Ralph Gille of the death of + his brother, so that [Ralph] fled, and that William, + Rumfar's son, appealed Benet Carter of the same death, and + Ranulf, Ralph's son, appealed Hugh of Hyckham of the same + death and Baldwin of Elsham and Ralph Hoth and Colegrim as + accessories. And the coroners by their rolls testify this + also. But the county records otherwise, namely, that the + said Ralph Gille, Benet, Hugh, Baldwin, Ralph [Hoth] and + Gocegrim were all appealed by Ranulf, Ralph's son, and by no + one else, so that four of them, to wit, Ralph Gille, Hugh, + Benet and Colegrim, were outlawed at the suit of the said + Ranulf, and that the said persons were not appealed by + anyone other than the said Ranulf. And for that the county + could not [be heard to] contradict the coroners and the said + jurors who have said their say upon oath, it is considered + etc. Thereupon the county forestalled the judgment and + before judgment was pronounced made fine with 200 pounds + [4,000s.][to be collected throughout the county], franchises + excepted. + +29. Hereward, William's son, appeals Walter, Hugh's son, for + that he in the king's peace assaulted him and wounded him in + the arm with an iron fork and gave him another wound in the + head; and this he offers to prove by his body as the court + shall consider. And Walter defends all of it by his body. + And it is testified by the coroners and by the whole county + that Hereward showed his wounds at the proper time and has + made sufficient suit. Therefore it is considered that there + be battle. Walter's pledges, Peter of Gosberton church, and + Richard Hereward's son. Hereward's pledges, William his + father and the Prior of Pinchbeck. Let them come armed in + the quindene of St. Swithin at Leicester. + +30. William Gering appeals William Cook of imprisonment, to + wit, that he with his force in the king's peace and + wickedly, while [Gering] was in the service of his lord Guy + at the forge, took him and led him to Freiston to the house + of William Longchamp, and there kept him in prison so that + his lord could not get him replevied; and this he offers to + prove as the court shall consider. And William Cook comes + and defends the felony and imprisonment, but confesses that + whereas he had sent his lord's servants to seize the beasts + of the said Guy on account of a certain amercement which + [Guy] had incurred in the court of [Cook's] lord + [Longchamp], and which though often summoned he had refused + to pay, [Gering] came and rescued the beasts that had been + seized and wounded a servant of [Cook's] lord, who had been + sent to seize them, whereupon [Cook] arrested [Gering] until + he should find pledges to stand to right touching both the + wounding and the rescue, and when [Gering's] lord [Guy] came + for him, [Cook] offered to let him be replevied, but this + [Guy] refused, and afterwards he repeated the offer before + the king's serjeant, but even then it was refused, and then + [Cook] let [Gering] go without taking security. And Guy says + that he puts himself upon the wapentake, whether the + imprisonment took place in manner aforesaid, and whether he + [Guy] at once showed the matter to the king's serjeant, or + no. And William Cook does the same. And the wapentake says + that the alleged [imprisonment] took place in Lent, and Guy + did not show the matter to the wapentake until a fortnight + before St. Botulph's day. And the county together with the + coroners says that they never heard the suit in their court. + Therefore it is considered that the appeal is null, and Guy + is in mercy. And let William and those who are appealed as + accessories go quit. + +31. The jurors say that Andrew, sureman's son, appealed + Peter, Leofwin's son, Thomas Squire and William Oildene of + robbery. And he does not prosecute. So he and Stephen + Despine and Baldwin Long are in mercy, and the appellees go + without day. Afterwards comes Andrew and says that [the + appellees] imprisoned him by the order of William Malesoures + in the said William's house, so that he sent to the sheriff + that the sheriff might deliver him, whereupon the sheriff + sent his serjeant and others thither, who on coming there + found him imprisoned and delivered him and he produces + witnesses, to wit, Nicholas Portehors and Hugh, Thurkill's + son, who testify that they found him imprisoned, and he + vouches the sheriff to warrant this. And the sheriff, on + being questioned, says that in truth he sent thither four + lawful men with the serjeant on a complaint made by Nicholas + Portehors on Andrew's behalf. And those who were sent + thither by the sheriff testify that they found him at + liberty and disporting himself in William's house. Therefore + it is considered that the appeal is null [and Andrew is in + mercy] for his false complaint and Nicholas Portehors and + Hugh, Thurkill's son, are in mercy for false testimony. + Andrew and Hugh are to be in custody until they have found + pledges [for their amercement]. + +32. The jurors say that Geoffrey Cardun has levied new + customs other than he ought and other than have been usual, + to wit, in taking from every cart crossing his land at + Winwick with eels, one stick of eels, and from a cart with + greenfish, one greenfish, and from a cart with salmon, half + a salmon, and from a cart with herrings, five herrings, + whereas he ought to take no custom for anything save for + salt crossing his land, to wit, for a cart-load, one bole of + salt, and in that case the salter ought to have a loaf in + return for the salt, and also if the salter's cart breaks + down, the salter's horses ought to have pasture on + Geoffrey's land without challenge while he repairs his cart. + And Geoffrey comes and confesses that he takes the said + customs, and ought to take them, for he and his ancestors + have taken them from the conquest of England, and he puts + himself on the grand assize of our lord the king, and craves + that a recognition be made whether he ought to take those + customs or no. And afterwards he offers the king twenty + shillings that this action may be put before Sir Geoffrey + FitzPeter [the Justiciar]. Pledge for the twenty shillings, + Richard of Hinton. + +33. The jurors say that Hugh, son of Walter Priest, was + outlawed for the death of Roger Rombald at the suit of + Robert Rombald, and afterwards returned under the + [protection of the] king's writ, and afterwards was outlawed + for the same death on the appeal of Geoffrey, Thurstan's + son. The county therefore is asked by what warrant they + outlawed the same man twice for the same death, and says + that of a truth in King Richard's time the said Hugh was + outlawed at the suit of one Lucy, sister of the said Roger, + so that for a long time afterwards he hid himself; and at + length he came into the county [court] and produced letters + of Sir Geoffrey FitzPeter in the form following: "G. + FitzPeter etc. to the sheriff of Northamptonshire, greeting, + Know thou that the king hath pardoned to Hugh, son of the + priest of Grafton, his flight and the outlawry adjudged to + him for the death of a certain slain man, and hath signified + to us by his letters that we be aiding to the said Hugh in + re-establishing the peace between him and the kinsfolk of + the slain; wherefore we command thee that thou be aiding to + the said Hugh in making the peace aforesaid, and do us to + wit by thy letters under seal what thou hast done in this + matter, since we are bound to signify the same to the king. + In witness etc. by the king's writ from beyond seas." And + the said letters being read in full county [court] the + county told the said Hugh that he must find pledges that he + would be in the king's peace, and he went away to find + pledges, and afterwards did not appear. But the kinsfolk of + the slain, having heard that Hugh had returned after his + outlawry, came to the next county [court] and Robert Rombald + produced Geoffrey, Thurstan's son, who said that if he saw + the said Hugh he would sue against him the death of the said + Roger, who was [his kinsman]. And the county showed him how + Hugh had brought the Justiciar's letters pardoning him the + flight and outlawry, and that he was to find pledges to + stand to the king's peace, but had not returned. Whereupon + the king's serjeant was ordered to seek Hugh and bring him + to a later county [court]. And at a later county [court] + Geoffrey offered himself against Hugh, and Hugh did not + appear; whereupon the king's serjeant being questioned said + that he had not found him, and the county advised [Geoffrey] + to come to another county [court], because if in the + meantime Hugh could be found, he would be brought to the + county [court]. Then at the third county [court] the said + Geoffrey offered himself, and it was testified by the + serjeant that Hugh had not yet been found, wherefore the + county said that as Hugh would not appear to the king's + peace, he must bear the wolf's head as he had done before. + To judgment against the coroners and the twelve jurors. + +34. Robert of Herthale, arrested for having in self-defense + slain Roger, Swein's son, who had slain five men in a fit of + madness, is committed to the sheriff that he may be in + custody as before, for the king must be consulted about this + matter. The chattels of him who killed the five men were + worth two shillings, for which Richard [the sheriff must + account]. + +35. Sibil, Engelard's daughter, appeals Ralph of Sandford, + for that he in the king's peace and wickedly and in breach + of the peace given to her in the county [court] by the + sheriff, came to the house of her lord [or husband] and + broke her chests and carried off the chattels, and so + treated her that he slew the child that was living in her + womb. Afterwards she came and said that they had made a + compromise and she withdrew herself, for they have agreed + that Ralph shall satisfy her for the loss of the chattels + upon the view and by the appraisement of lawful men; and + Ralph has assented to this. + +36. William Pipin slew William [or John] Guldeneman and + fled. He had no chattels. Let him be exacted. And Hugh + Fuller was taken for this death and put in gaol because the + said John [or William] was slain in his house. And Hugh + gives to the king his chattels which were taken with him, + that he may have an inquest [to find] whether he be guilty + thereof or no. The jurors say that he is not guilty, and so + let him go quit thereof. And William Picot is in mercy for + having sold Hugh's chattels before he was convicted of the + death, and for having sold them at an undervalue, for he + sold them, as he says, for three shillings, and the jurors + say that they were worth seventeen shillings, for which + William Picot and those who were his fellows ought to + account. And William says that the chattels were sold by the + advice of his fellows, and his fellows deny this. + +37. Robert White slew Walter of Hugeford and fled. The + jurors say that he was outlawed for the death, and the + county and the coroners say that he was not outlawed, + because no one sued against him. And because the jurors + cannot [be heard to] contradict the county and the coroners, + therefore they are in mercy, and let Robert be exacted. His + chattels were [worth] fifteen shillings, for which R. of + Ambresleigh, the sheriff, must account. + +38. Elyas of Lilleshall fled to church for the death of a + woman slain at Lilleshall. He had no chattels. He confessed + the death and abjured the realm. Alice Crithecreche and Eva + of Lilleshall and Aldith and Mabel, Geoffrey and Robert of + Lilleshall, and Peter of Hopton were taken for the death of + the said woman slain at Lilleshall. And Alice, at once after + the death, fled to the county of Stafford with some of the + chattels of the slain, so it is said, and was taken in that + county and brought back into Shropshire and there, as the + king's serjeant and many knights and lawful men of the + county testify, in their presence she said, that at night + she heard a tumult in the house of the slain; whereupon she + came to the door and looked in, and saw through the middle + of the doorway four men in the house, and they came out and + caught her, and threatened to kill her unless she would + conceal them; and so they gave her the pelf [booty] that she + had. And when she came before the [itinerant] justices she + denied all this. Therefore she has deserved death, but by + way of dispensation [the sentence is mitigated, so] let her + eyes be torn out. The others are not suspected, therefore + let them be under pledges. + +39. William, John's son, appeals Walter, son of Ralph Hose, + for that when [William's] lord Guy of Shawbury and [William] + had come from attending the pleas of our lord the king in + the county court of Shropshire, there came five men in the + forest of Haughmond and there in the king's peace and + wickedly assaulted his lord Guy, and so that [Walter], who + was the fourth among those five, wounded Guy and was + accessory with the others in force as aid so that Guy his + lord was killed, and after having wounded his lord he + [Walter] came to William and held him so that he could not + aid his lord; and this he offers to deraign [determine by + personal combat] against him as the court shall consider. + And Walter comes and defends all of it word by word as the + court etc. It is considered that there be battle [combat] + between them. The battle [combat] is waged. Day is given + them, at Oxford on the morrow of the octave of All Saints, + and then let them come armed. And Ralph [Walter's father] + gives the king a half-mark that he may have the custody of + his son, [for which sum] the pledges are John of Knighton + and Reiner of Acton, and he is committed to the custody of + Ralph Hose, Reiner of Acton, John of Knighton, Reginald of + Leigh, Adam of Mcuklestone, William of Bromley, Stephen of + Ackleton, Eudo of Mark. + +40. Robert, son of Robert of Ferrers, appeals Ranulf of + Tattesworth, for that he came into Robert's garden and + wickedly and in the king's peace assaulted Robert's man + Roger, and beat and wounded him so that his life was + despaired of, and robbed him [Roger?] of a cloak, a sword, a + bow and arrows: and the said Roger offers to prove this by + his body as the court shall consider. And Ranulf comes and + defends the whole of it, word by word, and offers the king + one mark of silver that he may have an inquest of lawful + knights [to say] whether he be guilty thereof or no. Also he + says that Roger has never until now appealed him of this, + and prays that this be allowed in his favor. [Ranulf's] + offering is accepted. The jurors say that in truth there was + some quarrel between Robert's gardener, Osmund, and some + foot-boys, but Ranulf was not there, and they do not suspect + him of any robbery or any tort done to Robert or to Osmund. + Also the county records that the knights who on Robert's + complaint were sent to view Osmund's wounds found him + unwounded and found no one else complaining, and that Robert + in his plaint spoke of Osmund his gardener and never of + Roger, and that Roger never came to the county [court] to + make this appeal. Therefore it is considered that Ranulf be + quit, and Robert and Roger in mercy. Pledge for Ranulf's + mark, Philip of Draycot. Pledges for the amercement, Henry + of Hungerhill, and Richard Meverell. Pledge for Roger, the + said Robert. + +41. One L. is suspected by the jurors of being present when + Reinild of Hemchurch was slain, and of having aided and + counseled her death. And she defends. Therefore let her + purge herself by the ordeal of iron; but as she is ill, the + ordeal is respited until her recovery. + +42. Andrew of Burwarton is suspected by the jurors of the + death of one Hervey, for that he concealed himself because + of that death. Therefore let him purge himself by ordeal of + water. + +43. Godith, formerly wife of Walter Palmer, appeals Richard + of Stonall, for that he in the king's peace wickedly and by + night with his force came to her house and bound her and her + husband, and afterwards slew the said Walter her husband; + and this she offers to prove against him as wife of the + slain as the court shall consider. And he defends all of it. + And the jurors and the whole neighborhood suspect him of + that death. And so it is considered that he purge himself by + ordeal of iron for he has elected to bear the iron. + +44. The jurors of Oflow hundred say that the bailiffs of + Tamworth have unjustly taken toll from the knights of + Staffordshire, to wit, for their oxen and other beasts. And + the men of Lichfield complain that likewise they have taken + toll from them, more especially in Staffordshire. And the + bailiffs deny that they take anything from the knights in + Staffordshire. And for that they cannot [be heard to] + contradict the jurors, the bailiffs are in mercy. As to the + men of Lichfield, [the Tamworth bailiffs] say that they + ought to have, and in King Henry's time had, toll of them, + more especially of the merchants, as well in Staffordshire + as in Warwickshire. And the burgesses of Lichfield offer the + king a half-mark for an inquest by the county. And the + county records that in King Henry's time the men of + Lichfield did not pay toll in Staffordshire. Therefore the + bailiffs are in mercy. + + + + + + - - - Chapter 7 - - - + + + + - The Times 1215-1272 - + +Baron landholders' semi-fortified stone manor houses were improved +and extended. Many had been licensed to be embattled or +crenellated [wall indented at top with shooting spaces]. They were +usually quadrangular around a central courtyard. The central and +largest room was the hall, where people ate and slept. If the hall +was on the first floor, the fire might be at a hearth in the +middle of the floor. Sometimes the lord had his own chamber, with +a sleeping loft above it. Having a second floor necessitated a +fireplace in the wall so the smoke could go up two floors to the +roof. Other rooms each had a fireplace. Often the hall was on the +second floor and took up two stories. There was a fireplace on one +wall of the bottom story. There were small windows around the top +story and on the inside of the courtyard. Windows of large houses +were of opaque glass supplied by a glass-making craft. The glass +was thick, uneven, distorted, and greenish in color. The walls +were plastered. The floor was wood with some carpets. Roofs were +timbered with horizontal beams. Many roofs had tiles supplied by +the tile craft, which baked the tiles in kilns or over an open +fire. Because of the hazard of fire, the kitchen was often a +separate building, with a covered way connecting it to the hall. +It had one or two open fires in fireplaces, and ovens. Sometimes +there was a separate room for a dairy. + +Furniture included heavy wood armchairs for the lord and lady, +stools, benches, trestle tables, chests, and cupboards. Outside +was an enclosed garden with cabbages, peas, beans, beetroots, +onions, garlic, leeks, lettuce, watercress, hops, herbs, nut trees +for oil, some flowers, and a fish pond and well. Bees were kept +for their honey. + +Nobles, doctors, and attorneys wore tunics to the ankle and an +over-tunic almost as long, which was lined with fur and had long +sleeves. A hood was attached to it. A man's hair was short and +curled, with bangs on the forehead. The tunic of merchants and +middle class men reached to the calf. The laborer wore a tunic +that reached to the knee, cloth stockings, and shoes of heavy +felt, cloth, or perhaps leather. Ladies wore a full-length tunic +with moderate fullness in the skirt, and a low belt, and tight +sleeves. A lady's hair was concealed by a round hat tied on the +top of her head. Over her tunic, she wore a cloak. Monks and nuns +wore long black robes with hoods. + +The barons now managed and developed their estates to be as +productive as possible, often using the successful management +techniques of church estates. They kept records of their fields, +tenants, and services owed by each tenant, and duties of the manor +officers, such as supervision of the ploughing and harrowing. +Annually, the manor's profit or loss for the year was calculated. +Most manors were self-supporting except that iron for tools and +horseshoes and salt for curing usually had to be obtained +elsewhere. Wine, tar, canvas and millstones were imports from +other countries and bought at fairs, as was fish, furs, spices, +and silks. Sheep were kept in such large numbers that they were +susceptible to a new disease "scab". Every great household was +bound to give alms. + +As feudalism became less military and less rough, daughters were +permitted to inherit fiefs. It became customary to divide the +property of a deceased man without a son equally among his +daughters. Lords were receiving homage from all the daughters and +thereby acquiring marriage rights over all of them. Also, if a son +predeceased his father but left a child, that child would succeed +to the father's land in the same way that the deceased would have. + +Manors averaged about ten miles distance between each other, the +land in between being unused and called "wasteland". Statutes +after a period of civil war proscribing the retaking of land +discouraged the enclosure of waste land. + +Some villeins bought out their servitude by paying a substitute to +do his service or paying his lord a firm (from hence, the words +farm and farmer) sum to hire an agricultural laborer in his place. +This made it possible for a farm laborer to till one continuous +piece of land instead of scattered strips. + +Looms were now mounted with two bars. Women did embroidery. The +clothing of most people was made at home, even sandals. The +village tanner and bootmaker supplied long pieces of soft leather +for more protection than sandals. Tanning mills replaced some hand +labor. The professional hunter of wolves, lynx, or otters supplied +head coverings. Every village had a smith and possibly a carpenter +for construction of ploughs and carts. The smith obtained coal +from coal fields for heating the metal he worked. Horse harnesses +were home-made from hair and hemp. There were water mills and/or +wind mills for grinding grain, for malt, and/or for fulling cloth. +The position of the sails of the wind mills was changed by manual +labor when the direction of the wind changed. + +Most men wore a knife because of the prevalence of murder and +robbery. It was an every day event for a murderer to flee to +sanctuary in a church, which would then be surrounded by his +pursuers while the coroner was summoned. Usually, the fugitive +would confess, pay compensation, and agree to leave the nation +permanently. + +It had been long customary for the groom to endow his bride in +public at the church door. This was to keep her and her children +if he died first. If dower was not specified, it was understood to +be one-third of all lands and tenements. From 1246, priests taught +that betrothal and consummation constituted irrevocable marriage. + +County courts were the center of decision-making regarding +judicial, fiscal, military, and general administrative matters. +The writs for the conservation of the peace, directing the taking +of the oath, the pursuit of malefactors, and the observance of +watch and ward, were proclaimed in full county court; attachments +were made in obedience to them in the county court. The county +offices were: sheriff, coroner, escheator, and constable or +bailiff. There were 28 sheriffs for 38 counties. The sheriff was +usually a substantial landholder and a knight who had been +prominent in the local court. He usually had a castle in which he +kept persons he arrested. He no longer bought his office and +collected certain rents for himself, but was a salaried political +appointee of the King. He employed a deputy or undersheriff, who +was an attorney, and clerks. If there was civil commotion or +contempt of royal authority, the sheriff had power to raise a +posse of armed men to restore order [posse comitatus: power of the +county]. The coroner watched the interests of the crown and had +duties in sudden deaths, treasure trove, and shipwreck cases. +There were about five coroners per county and they served for a +number of years. They were chosen by the county court. The +escheator was appointed annually by the Treasurer to administer +the Crown's rights in feudal land, which until 1242 had been the +responsibility of the sheriff. He was usually chosen from the +local gentry. The constable and bailiff operated at the hundred +and parish level to detect crime and keep the peace. They assisted +sheriffs and Justices of the Peace, organized watches for +criminals and vagrants at the village level, and raised the hue +and cry along the highway and from village to village in pursuit +of offenders who had committed felony or robbery. The constables +also kept the royal castles; they recruited, fed, and commanded +the castle garrison. + +County knights served sheriffs, coroners, escheators, and justices +on special royal commissions of gaol-delivery. They sat in +judgment in the county court at its monthly meetings, attended the +two great annual assemblies when the lord, knights and freeholders +of the county gathered to meet the itinerant justices who came +escorted by the sheriff and weapon bearers. They served on the +committees which reviewed the presentments of the hundreds and +village, and carried the record of the county court to Westminster +when summoned there by the kings' justices. They served on the +grand assize. As elected representatives of their fellow knights +of the county, they assessed any taxes due from each hundred. +Election might be by nomination by the sheriff from a fixed list, +by choice, or in rotation. They investigated and reported on local +abuses and grievances. The King's justices and council often +called on them to answer questions put to them on oath. In the +villages, humbler freeholders and sokemen were elected to assess +the village taxes. Six villeins answered for the village's +offenses before the royal itinerant justice. + +Reading and writing in the English language was taught. The use of +English ceased to be a mark of vulgarity. In 1258 the first +governmental document was issued in English as well as in Latin +and French. Latin started falling into disuse. Boys of noblemen +were taught reading, writing, Latin, a musical instrument, +athletics, riding, and gentlemanly conduct. Girls were taught +reading, writing, music, dancing, and perhaps household nursing +and first aid, spinning, embroidery, and gardening. Girls of high +social position were also taught riding and hawking. Grammar +schools taught, in Latin, grammar, dialectic (ascertaining word +meaning by looking at its origin, its sound (e.g. soft or harsh), +its power (e.g. robust and strong sound), its inflection, and its +order; and avoiding obscurity and ambiguity in statements), and +rhetoric [art of public speaking, oratory, and debate]. The +teacher possessed the only complete copy of the Latin text, and +most of the school work was done orally. Though books were few and +precious, the students read several Latin works. Girls and boys of +high social position usually had private teachers for grammar +school, while boys of lower classes were sponsored at grammar +schools such as those at Oxford. Discipline was maintained by the +birch or rod. + +There was no examination for admission as an undergraduate to +Oxford, but a knowledge of Latin with some skill in speaking Latin +was a necessary background. The students came from all +backgrounds. Some had their expenses paid by their parents, while +others had the patronage of a churchman, a religious house, or a +wealthy layman. They studied the "liberal arts", which derived its +name from "liber" or free, because they were for the free men of +Rome rather than for the economic purposes of those who had to +work. The works of Greek authors such as Aristotle were now +available; the European monk Thomas Aquinas had edited Aristotle's +works to reconcile them to church doctrine. He opined that man's +intellectual use of reason did not conflict with the religious +belief that revelation came only from God, because reason was +given to man by God. He shared Aristotle's belief that the earth +was a sphere, and that the celestial bodies moved around it in +perfect circles. Latin learning had already been absorbed without +detriment to the church. + +A student at Oxford would become a master after graduating from a +seven year course of study of the seven liberal arts: [grammar, +rhetoric (the source of law), Aristotelian logic (which +differentiates the true from the false), arithmetic, including +fractions and ratios, (the foundation of order), geometry, +including methods of finding the length of lines, the area of +surfaces, and the volume of solids, (the science of measurement), +astronomy (the most noble of the sciences because it is connected +with divinity and theology), music and also Aristotle's philosophy +of physics, metaphysics, and ethics; and then lecturing and +leading disputations for two years. He also had to write a thesis +on some chosen subject and defend it against the faculty. A +Master's degree gave one the right to teach. Further study for +four years led to a doctorate in one of the professions: theology +and canon or civil law. + +There were about 1,500 students in Oxford. They drank, played +dice, quarreled a lot and begged at street corners. There were mob +fights between students from the north and students from the south +and between students and townsmen. But when the mayor of Oxford +hanged two students accused of being involved in the killing of a +townswoman, many masters and students left for Cambridge. In 1214, +a charter created the office of Chancellor of the university at +Oxford. He was responsible for law and order and, through his +court, could fine, imprison, and excommunicate offenders and expel +undesirables such as prostitutes from the town. He had authority +over all crimes involving scholars, except murder and mayhem. The +Chancellor summoned and presided over meetings of the masters and +came to be elected by indirect vote by the masters who had +schools, usually no more than a room or hall with a central hearth +which was hired for lectures. Students paid for meals there. +Corners of the room were often partitioned off for private study. +At night, some students slept on the straw on the floor. Six hours +of sleep were considered sufficient. In 1231, the king ordered +that every student must have his name on the roll of a master and +the masters had to keep a list of those attending his lectures. + +In 1221 the friars established their chief school at Oxford. They +were bound by oaths of poverty, obedience, and chastity, but were +not confined within the walls of a monastery. They walked barefoot +from place to lace preaching. They begged for their food and +lodgings. They replaced monks, who had become self-indulgent, as +the most vital spiritual force among the people. + +The first college was founded in 1264 by Walter de Merton, former +Chancellor to the King, at Oxford. A college had the living +arrangements of a Hall, with the addition of monastic-type rules. +A warden and about 30 scholars lived and ate meals together in the +college buildings. Merton College's founding documents provided +that: "The house shall be called the House of the Scholars of +Merton, and it shall be the residence of the Scholars forever. . . +There shall be a constant succession of scholars devoted to the +study of letters, who shall be bound to employ themselves in the +study of Arts or Philosophy, the Canons or Theology. Let there +also be one member of the collegiate body, who shall be a +grammarian, and must entirely devote himself to the study of +grammar; let him have the care of the students in grammar, and to +him also let the more advanced have recourse without a blush, when +doubts arise in their faculty. . . There is to be one person in +every chamber, where Scholars are resident, of more mature age +than the others, who is to make his report of their morals and +advancement in learning to the Warden. . . The Scholars who are +appointed to the duty of studying in the House are to have a +common table, and a dress as nearly alike as possible. . . The +members of the College must all be present together, as far as +their leisure serves, at the canonical hours and celebration of +masses on holy and other days. . . The Scholars are to have a +reader at meals, and in eating together they are to observe +silence, and to listen to what is read. In their chambers, they +must abstain from noise and interruption of their fellows; and +when they speak they must use the Latin language. . . A Scrutiny +shall be held in the House by the Warden and the Seniors, and all +the Scholars there present, three times a year; a diligent enquiry +is to be instituted into the life, conduct, morals, and progress +in learning, of each and all; and what requires correction then is +to be corrected, and excesses are to be visited with condign +punishment. . ." + +Educated men (and those of the 1200s through the 1500s), believed +that the earth was the center of the universe and that it was +surrounded by a giant spherical dome on which the stars were +placed. The sun and moon and planets were each on a sphere around +the earth that was responsible for their movements. The origin of +the word "planet" meant "wanderer" because the motion of the +planets were variable in direction and speed. Astrology explained +how the position of the stars and planets influenced man and other +earthly things. For instance, the position of the stars at a +person's birth determined his character. The angle and therefore +potency of the sun's rays influenced climate, temperament, and +changes of mortal life such as disease and revolutions. Unusual +events such as the proximity of two planets, a comet, an eclipse, +a meteor, or a nova were of great significance. A star often was +thought to presage the birth of a great man or a hero. There was a +propitious time to have a marriage, go on a journey, make war, and +take herbal medicine or be bled by leeches, the latter of which +was accompanied by religious ceremony. Cure was by God, with +medical practitioners only relieving suffering. But there were +medical interventions such as pressure and binding were applied to +bleeding. Arrow and sword wounds to the skin or to any protruding +intestine were washed with warm water and sewn up with needle and +silk thread. Ribs were spread apart by a wedge to remove arrow +heads. Fractured bones were splinted or encased in plaster. +Dislocations were remedied. Hernias were trussed. Bladder stones +blocking urination were pushed back into the bladder or removed +through an artificial opening in the bladder. Surgery was +performed by butchers, blacksmiths, and barbers. + +Roger Bacon, an Oxford master, began the science of physics. He +read Arab writers and studied the radiation of light and heat. He +studied angles of reflection in plane, spherical, cylindrical, and +conical mirrors, in both their concave and convex aspects. He did +experiments in refraction in different media, e.g. air, water, and +glass, and knew that the human cornea refracted light and that the +human eye lens was doubly convex. He comprehended the magnifying +power of convex lenses and conceptualized the combination of +lenses which would increase the power of vision by magnification. +He realized that rays of light pass so much faster than those of +sound or smell that the time is imperceptible to humans. He knew +that rays of heat and sound penetrate all matter without our +awareness and that opaque bodies offered resistance to passage of +light rays. He knew the power of parabolic concave mirrors to +cause parallel rays to converge after reflection to a focus and +knew that a mirror could be produced that would induce combustion +at a fixed distance. These insights made it possible for jewellers +and weavers to use lenses to view their work instead of glass +globes full of water, which distorted all but the center of the +image: "spherical aberration". The lens, whose opposite surfaces +were sections of spheres, took the place of the the central parts +of the globe over the image. + +He knew about magnetic poles attracting if different and repelling +if the same and the relation of magnets' poles to those of the +heavens and earth. He calculated the circumference of the world +and the latitude and longitude of terrestrial positions. He +foresaw sailing around the world. + +Bacon began the science of chemistry when he took the empirical +knowledge as to a few metals and their oxides and some of the +principal alkalis, acids, and salts to the abstract level of +metals as compound bodies the elements of which might be separated +and recomposed and changed among the states of solid, liquid, and +gas. When he studied man's physical nature, health, and disease, +he opined that the usefulness of a talisman was not to bring about +a physical change, but to bring the patient into a frame of mind +more conducive to physical healing. He urged that there be +experiments in chemistry to develop medicinal drugs. + +He studied different kinds of plants and the differences between +arable land, forest land, pasture land, and garden land. + +He studied the planetary motions and astronomical tables to +forecast future events. He did calculations on days in a month and +days in a year which later contributed to the legal definition of +a leap year. + +Bacon was an extreme proponent of the inductive method of finding +truths, e.g. by categorizing all available facts on a certain +subject to ascertain the natural laws governing it. His +contribution to the development of science was abstracting the +method of experiment from the concrete problem to see its bearing +and importance as a universal method of research. He advocated +changing education to include studies of the natural world using +observation, exact measurement, and experiments. + +His explanation of a rainbow as a result of natural laws was +contrary to theological opinion that a rainbow was placed in the +heavens to assure mankind that there was not to be another +universal deluge. + +The making and selling of goods diverged e.g. as the cloth +merchant severed from the tailor and the leather merchant severed +from the butcher. These craftsmen formed themselves into guilds, +which sought charters to require all craftsmen to belong to the +guild of their craft, to have legal control of the craft work, and +be able to expel any craftsman for disobedience. These guilds were +composed of master craftsmen, their journeymen, and apprentices. +These guilds determined the wages and working conditions of the +craftsmen and petitioned the borough authorities for ordinances +restraining trade, for instance by controlling the admission of +outsiders to the craft, preventing foreigners from selling in the +town except at fairs, limiting purchases of raw materials to +suppliers within the town, forbidding night work, restricting the +number of apprentices to each master craftsmen, and requiring a +minimum number of years for apprenticeships. In return, these +guilds assured quality control. In some boroughs, they did work +for the town, such as maintaining certain defensive towers or +walls of the town near their respective wards. In some boroughs, +fines for infractions of these regulations were split between the +guild and the government. + +In some towns, the merchant guilds attempted to directly regulate +the craft guilds. Crafts fought each other. There was a street +battle with much bloodshed between the goldsmiths and the +parmenters and between the tailors and the cordwainers in 1267 in +London. There was also a major fight between the goldsmiths and +the tailors in 1268. The Parish Clerks' Company was chartered in +1233. + +The citizens of London had a common seal for the city. London +merchants traveled throughout the nation with goods to sell exempt +from tolls. Most of the London aldermen were woolmongers, +vintners, skinners, and grocers by turns or carried on all these +branches of commerce at once. Jews were allowed to make loans with +interest up to 2d. a week for 20s. lent. There are three inns in +London. Inns typically had narrow facades, large courtyards, +lodging and refreshment for the well-off, warehousing and +marketing facilities for merchants, and stabling and repairs for +wagons. Care-giving infirmaries such as "Bethlehem Hospital" were +established in London. One was a lunatic infirmary founded by the +sheriff of London. Only tiles were used for roofing in London, +because wood shingles were fire hazards and fires in London had +been frequent. Some areas near London are disclaimed by the king +to be royal forest land, so all citizens could hunt there and till +their land there without interference by the royal foresters. The +Sheriff's court in London lost its old importance and handled +mainly trespass and debt cases, while important cases went to the +Hustings, which was presided over by the Mayor with the sheriffs +and aldermen in attendance. From the early 1200s, the Mayor's +Court took on the work which the weekly Husting could not manage. +This consisted mostly of assault and robbery cases. Murder and +manslaughter cases were left to the royal courts. + +London aldermen were elected by the citizens of their respective +wards in ward moots, in which was also arranged the watch, +protection against fire, and probably also assessment of the taxes +within the ward. There was much effort by the commoners to +influence the governance of the city. In 1261 they forced their +way into the town-moot and by this brute show of strength, which +threatened riot, they made their own candidate mayor. Subsequent +elections were tumultuous. + +The Tower of London now had outer walls of fortress buildings +surrounded by a wide and deep moat, over which was one stone +causeway and wooden drawbridge. Within this was an inner curtain +wall with twelve towers and an inner moat. The palace within was a +principal residence of English monarchs, whose retinue was +extensive, including the chief officers of state: Lord High +Steward, Lord High Chancellor, Lord High Treasurer, Lord Great +Chamberlain, Lord High Constable, Keeper of the Seals, and the +King's Marshall; lesser officials such as the Chamberlain of the +Candles, Keeper of the Tents, Master Steward of the Larder, Usher +of the Spithouse, Marshall of the Trumpets, Keeper of the Books, +Keeper of the Dishes and of the Cups, and Steward of the Buttery; +and numbers of cat hunters, wolf catchers, clerks and limners, +carters, water carriers, washerwomen and laundresses, chaplains, +lawyers, archers, huntsmen, hornblowers, barbers, minstrels, +guards and servitors, and bakers and confectioners. The fortress +also contained a garrison, armory, chapels, stables, forge, +wardrobe for a tailor's workroom and secure storage of valuable +clothes, silver plate, and expensive imports such as sugar, rice, +almonds, dried fruits, cinnamon, saffron, ginger, galingale, +zedoary, pepper, nutmeg, and mace. There was a kitchen with +courtyard for cattle, poultry, and pigs; dairy, pigeon loft, +brewery, beehives, fruit stores, gardens for vegetables and herbs; +and sheds for gardeners. There was also a mint, which minted a +gold penny worth 2s. of silver, a jewel house, and a menagerie +(with leopards, lions, a bear, and an elephant). The fortress also +served as a state prison. Most prisoners there had opposed the +royal will; they were usually permitted to live in quarters in the +same style they were used to, including servants and visits by +family and friends. But occasionally prisoners were confined in +irons in dark and damp dungeons. + +The King's family, immediate circle, and most distinguished guests +dined elegantly in the Great Hall at mid-day. They would first +wash their hands in hot water poured by servants over bowls. The +table had silver plate, silver spoons, and cups of horn, crystal, +maple wood, or silver laid on a white cloth. Each guest brought +his own knife in a leather sheath attached to a belt or girdle. A +procession of servitors brought the many dishes to which the +gentlemen helped the ladies and the young their seniors by placing +the food in scooped-out half loaves of bread that were afterwards +distributed to the poor. A wine cup was handed around the table. +In the winter after dinner, there would often be games of chess or +dice or songs of minstrels, and sometimes dancing, juggler or +acrobat displays, or story-telling by a minstrel. In the summer +there were outdoor games and tournaments. Hunting with hounds or +hawks was popular with both ladies and gentlemen. The King would +go to bed on a feather mattress with fur coverlet that was +surrounded by linen hangings. His grooms would sleep on trundle +beds in the same room. The queen likewise shared her bedchamber +with several of her ladies sleeping on trundle beds. Breakfast was +comprised of a piece of bread and a cup of wine taken after the +daily morning mass in one of the chapels. Sometimes a round and +deep tub was brought into the bedchamber by servants who poured +hot water onto the bather in the tub. Baths were often taken in +the times of Henry III, who believed in cleanliness and +sanitation. Henry III was also noted for his luxurious tastes. He +had a linen table cloth, goblets of mounted cocoa-nut, a glass cup +set in crystal, and silk and velvet mattresses, cushions, and +bolster. He had many rooms painted with gold stars, green and red +lions, and painted flowers. To his sister on her marriage, he gave +goldsmith's work, a chess table, chessmen in an ivory box, silver +pans and cooking vessels, robes of cloth of gold, embroidered +robes, robes of scarlet, blue, and green fine linen, Genoese cloth +of gold, two napkins, and thirteen towels. + +In the King's 1235 grant to Oxford, the Mayor and good men were +authorized to take weekly for three years 1/2 d. on every cart +entering the town loaded with goods, if it was from the county, or +1d. if it came from outside the county; 1/4 d. for every horse +load, except for brushwood; 1/2 d. on every horse, mare, ox, or +cow brought to sell; and 1/2 d. for every five sheep, goats, or +pigs. + +English ships had one mast with a square sail. The hulls were made +of planks overlapping each other. There was a high fore castle +[tower] on the bow, a top castle on the mast, and a high stern +castle from which to shoot arrows down on other ships. There were +no rowing oars, but steering was still by an oar on the starboard +side of the ship. The usual carrying capacity was 30 tuns [big +casks of wine each with about 250 gallons]. On the coasts there +were lights and beacons. Harbors at river mouths were kept from +silting up. Ships were loaded from piers. The construction of +London Bridge had just been finished. Bricks began to be imported +for building. About 10% of the population lived in towns. + +Churches had stained glass windows. + +Newcastle-on-Tyne received these new rights: + +1. And that they shall justly have their lands and tenures + and mortgages and debts, whoever owes them to them. + +2. Concerning their lands and tenures within the town, + right shall be done to them according to the custom of the + city Winton. + +3. And of all their debts which are lent in + Newcastle-on-Tyne and of mortgages there made, pleas shall + be held at Newcastle-on-Tyne. + +4. None of them shall plead outside the walls of the City of + Newcastle-on-Tyne on any plea, except pleas of tenures + outside the city and except the minters and my ministers. + +5. That none of them be distrained by any without the said + city for the repayment of any debt to any person for which + he is not capital debtor or surety. + +6. That the burgesses shall be quit of toll and lastage + [duty on a ship's cargo] and pontage [tax for repairing + bridges] and have passage back and forth. + +7. Moreover, for the improvement of the city, I have granted + them that they shall be quit of year's gift and of scotale + [pressure to buy ale at the sheriff's tavern], so that my + sheriff of Newcastle- on-Tyne or any other minister shall + not make a scotale. + +8. And whosoever shall seek that city with his merchandise, + whether foreigners or others, of whatever place they may be, + they may come sojourn and depart in my safe peace, on paying + the due customs and debts, and any impediment to these + rights is prohibited. + +9. We have granted them also a merchant guild. + +10. And that none of them [in the merchant guild] shall + fight by combat. + +The king no longer lives on his own from income from his own +lands, but takes money from the treasury. A tax of a percentage of +1/15th of personal property was levied in 1225 for a war, in +return for which the king signed the Magna Carta. It was to be +paid by all tenants-in-chief, men of the royal domain, burgesses +of the boroughs and cities, clerical tenants-in-chief, and +religious houses. The percentage tax came to be used frequently +and ranged from about 1/40th to 1/5th. In 1294, this tax was +bifurcated into one percentage amount for the rural districts and +a higher one for urban districts, because the burgesses had +greater wealth and much of it was hard to uncover because it was +in the possession of customers and debtors. It was usually 1/10th +for towns and royal domains and 1/15th in the country. This amount +of money collected by this tax increased with the wealth of the +country. + +The king takes custody of lands of lunatics and idiots, as well as +escheats of land falling by descent to aliens. Henry III took 20s. +from his tenants-in-chief for the marriage of his daughter, and +two pounds for the knighting of his son. + +By 1250, the king was hiring soldiers at 2s. per day for knights, +and 9d. a day for less heavily armed soldiers, and 6d. a day for +cross-bowmen. Some castle-guard was done by watchmen hired at 2d. +a day. Ships were impressed when needed. Sometimes private ships +were authorized to ravage the French coasts and take what spoil +they could. + +While King Henry III was underage, there was much controversy as +to who should be his ministers of state, such as justiciar, +chancellor, and treasurer. This led to the concept that they +should not be chosen by the king alone. After he came of age, +elected men from the baronage fought to have meetings and his +small council in several conferences called great councils or +parliaments (from French "to speak the mind") to discuss the +levying of taxes and the solution of difficult legal cases, the +implementation of the Magna Carta, the appointment of the king's +ministers and sheriffs, and the receipt and consideration of +petitions. The barons paid 1/30th tax on their moveable property +to have three barons of their choice added to the council. +Statutes were enacted. Landholders were given the duty of electing +four of their members in every county to ensure that the sheriff +observed the law and to report his misdemeanors to the justiciar. +They were also given the duty of electing four men from the county +from whom the exchequer was to choose the sheriff of the year. +Earl Montfort and certain barons forced King Henry III to summon a +great council or parliament in 1265 in which the common people +were represented officially by two knights from every county, two +burgesses from every borough, and two representatives from each +major port. So the King's permanent small council became a +separate body from parliament and its members took a specific +councilor's oath in 1257 to give faithful counsel, to keep +secrecy, to prevent alienation of ancient demesne, to procure +justice for the rich and poor, to allow justice to be done on +themselves and their friends, to abstain from gifts and misuse of +patronage and influence, and to be faithful to the queen and to +the heir. + + + + - The Law - + +The barons forced successive Kings to sign the Magna Carta until +it became the law of the land. It became the first statute of the +official statute book. Its provisions express the principle that a +king is bound by the law and is not above it. However, there is no +redress if the king breaches the law. + +The Magna Carta was issued by John in 1215. A revised version was +issued by Henry III in 1225 with the forest clauses separated out +into a forest charter. The two versions are replicated together, +with the formatting of each indicated in the titles below. + + {Magna Carta - 1215} + Magna Carta - 1215 & 1225 + MAGNA CARTA - 1225 + +{John, by the grace of God, King of England, Lord of Ireland, Duke +of Normandy and Aquitaine, and Count of Anjou: To the Archbishops, +Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, +Reeves, Ministers, and all Bailiffs and others, his faithful +subjects, Greeting. Know ye that in the presence of God, and for +the health of our soul, and the souls of our ancestors and heirs, +to the honor of God, and the exaltation of Holy Church, and +amendment of our realm, by the advice of our reverend Fathers, +Stephen, Archbishop of Canterbury, Primate of all England, and +Cardinal of the Holy Roman Church; Henry, Archbishop of Dublin; +William of London, Peter of Winchester, Jocelin of Bath and +Glastonbury, Hugh of Lincoln, Walter of Worcester, William of +Coventry, and Benedict of Rochester, Bishops; Master Pandulph, the +pope's subdeacon and familiar; Brother Aymeric, Master of the +Knights of the Temple in England; and the noble persons, William +Marshall, Earl of Pembroke; William, Earl of Salisbury; William, +Earl of Warren; William, Earl of Arundel; Alan de Galloway, +Constable of Scotland; Warin Fitz-Gerald, Peter Fitz-Herbert, +Hubert de Burgh, Seneshal of Poitou, Hugh de Neville, Matthew +Fitz-Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert +de Roppelay, John Marshall, John Fitz-Hugh, and others, our +liegemen:} + +HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE +OF NORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS, +BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, +OFFICERS AND TO ALL BAILIFFS AND OTHER OUR FAITHFUL SUBJECTS WHICH +SHALL SEE THIS PRESENT CHARTER, GREETING. + +KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE +SALVATION OF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS OF +ENGLAND, TO THE ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR +REALM, OF OUR MERE AND FREE WILL, HAVE GIVEN AND GRANTED TO ALL +ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, AND TO ALL +FREE MEN OF THIS OUR REALM, THESE LIBERTIES FOLLOWING, TO BE KEPT +IN OUR KINGDOM OF ENGLAND FOREVER. + +[I. A CONFIRMATION OF LIBERTIES] + +First, we have granted to God, and by this our present Charter +confirmed, for us and our heirs forever, that the English Church +shall be free and enjoy her whole rights and her liberties +inviolable. {And that we will this so to be observed appears from +the fact that we of our own free will, before the outbreak of the +dissensions between us and our barons, granted, confirmed, and +procured to be confirmed by Pope Innocent III the freedom of +elections, which is considered most important and necessary to the +English Church, which Charter we will both keep ourself and will +it to be kept with good faith by our heirs forever.} We have also +granted to all the free men of our realm, for us and our heirs +forever, all the liberties underwritten, to have and to hold to +them and their heirs of us and our heirs. + +[II. THE RELIEF OF THE KING'S TENANT OF FULL AGE] + +If any of our earls, barons, or others who hold of us in chief by +knight's service dies, and at the time of his death his heir is of +full age and owes to us a relief, he shall have his inheritance on +payment of [no more than] the old relief; to wit, the heir or +heirs of an earl, for an entire earldom, 100 pounds [2,000s.]; the +heir or heirs of a baron of an entire barony, {100 pounds} 100 +MARKS [67 POUNDS OR 1340s.]; the heir or heirs of an entire +knight's fee, 100s. at the most [about 1/3 of a knight's annual +income]; and he who owes less shall give less, according to the +old custom of fees. + +[III. THE WARDSHIP OF AN HEIR WITHIN AGE. THE HEIR A KNIGHT] + +BUT IF THE HEIR OF SUCH BE UNDER AGE, HIS LORD SHALL NOT HAVE THE +WARD OF HIM, NOR OF HIS LAND, BEFORE THAT HE HAS TAKEN OF HIM +HOMAGE. If, however, any such heir is under age and in ward, he +shall have his inheritance without relief or fine when he comes of +age, THAT IS, TWENTY-ONE YEARS OF AGE. SO THAT IF SUCH AN HEIR NOT +OF AGE IS MADE A KNIGHT, YET NEVERTHELESS HIS LAND SHALL REMAIN IN +THE KEEPING OF HIS LORD UNTO THE AFORESAID TERM. + +[IV. NO WASTE SHALL BE MADE BY A GUARDIAN IN WARD'S LANDS] + +The guardian of the land of any heir thus under age shall take +therefrom only reasonable issues, customs, and services, without +destruction or waste of men or goods. And if we commit the custody +of any such land to the sheriff or any other person answerable to +us for the issues of the same land, and he commits destruction or +waste, we will take an amends from him and recompense therefore. +And the land shall be committed to two lawful and discreet men of +that fee, who shall be answerable for the issues of the same land +to us or to whomsoever we shall have assigned them. And if we give +or sell the custody of any such land to any man, and he commits +destruction or waste, he shall lose the custody, which shall be +committed to two lawful and discreet men of that fee, who shall, +in like manner, be answerable to us as has been aforesaid. + +[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND OF +BISHOPRICKS, ETC.] + +The guardian, so long as he shall have the custody of the land, +shall keep up and maintain the houses, parks, fishponds, pools, +mills, and other things pertaining thereto, out of the issues of +the same, and shall restore to the heir when he comes of age, all +his land stocked with {ploughs and tillage, according as the +season may require and the issues of the land can reasonably bear} +PLOUGHS AND ALL OTHER THINGS, AT THE LEAST AS HE RECEIVED IT. ALL +THESE THINGS SHALL BE OBSERVED IN THE CUSTODIES OF VACANT +ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES, CHURCHES, AND +DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCH CUSTODY +SHALL NOT BE SOLD. + +[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT] + +Heirs shall be married without loss of station. {And the marriage +shall be made known to the heir's nearest of kin before it is +agreed.} + +[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND +QUERENTINE. THE KING'S WIDOW, ETC.] + +A widow, after the death of her husband, shall immediately and +without difficulty have her marriage portion [property given to +her by her father] and inheritance. She shall not give anything +for her marriage portion, dower, or inheritance which she and her +husband held on the day of his death, and she may remain in her +husband's house for forty days after his death, within which time +her dower shall be assigned to her. IF THAT HOUSE IS A CASTLE AND +SHE LEAVES THE CASTLE, THEN A COMPETENT HOUSE SHALL FORTHWITH BE +PROVIDED FOR HER, IN WHICH SHE MAY HONESTLY DWELL UNTIL HER DOWER +IS ASSIGNED TO HER AS AFORESAID; AND IN THE MEANTIME HER +REASONABLE ESTOVERS OF THE COMMON [NECESSARIES OR SUPPLIES SUCH AS +WOOD], ETC. + +No widow shall be compelled [by penalty of fine] to marry so long +as she has a mind to live without a husband, provided, however, +that she gives security that she will not marry without our +assent, if she holds of us, or that of the lord of whom she holds, +if she holds of another. + +[VIII. HOW SURETIES SHALL BE CHARGED TO THE KING] + +Neither we nor our bailiffs shall seize any land or rent for any +debt as long as the debtor's goods and chattels suffice to pay the +debt AND THE DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. Nor +shall the debtor's sureties be distrained as long as the debtor is +able to pay the debt. If the debtor fails to pay, not having the +means to pay, OR WILL NOT PAY ALTHOUGH ABLE TO PAY, then the +sureties shall answer the debt. And, if they desire, they shall +hold the debtor's lands and rents until they have received +satisfaction of that which they had paid for him, unless the +debtor can show that he has discharged his obligation to them. + +{If anyone who has borrowed from the Jews any sum of money, great +or small, dies before the debt has been paid, the heir shall pay +no interest on the debt as long as he remains under age, of +whomsoever he may hold. If the debt falls into our hands, we will +take only the principal sum named in the bond.} + +{And if any man dies indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; if the deceased leaves +children under age, they shall have necessaries provided for them +in keeping with the estate of the deceased, and the debt shall be +paid out of the residue, saving the service due to the deceased's +feudal lords. So shall it be done with regard to debts owed +persons other than Jews.} + +[IX. THE LIBERTIES OF LONDON AND OTHER CITIES AND TOWNS CONFIRMED] + +The City of London shall have all her old liberties and free +customs, both by land and water. Moreover, we will and grant that +all other cities, boroughs, towns, and ports shall have all their +liberties and free customs. + +{No scutage or aid shall be imposed in our realm unless by common +counsel thereof, except to ransom our person, make our eldest son +a knight, and once to marry our eldest daughter, and for these +only a reasonable aid shall be levied. So shall it be with regard +to aids from the City of London.} + +{To obtain the common counsel of the realm concerning the +assessment of aids (other than in the three aforesaid cases) or of +scutage, we will have the archbishops, bishops, abbots, earls, and +great barons individually summoned by our letters; we will also +have our sheriffs and bailiffs summon generally all those who hold +lands directly of us, to meet on a fixed day, but with at least +forty days' notice, and at a fixed place. In all such letters of +summons, we will explain the reason therefor. After summons has +thus been made, the business shall proceed on the day appointed, +according to the advice of those who are present, even though not +all the persons summoned have come.} + +{We will not in the future grant permission to any man to levy an +aid upon his free men, except to ransom his person, make his +eldest son a knight, and once to marry his eldest daughter, and on +each of these occasions only a reasonable aid shall be levied.} + +[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.] + +No man shall be compelled to perform more service for a knight's +fee nor any freehold than is due therefrom. + +[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT] + +People who have Common Pleas shall not follow our Court traveling +about the realm, but shall be heard in some certain place. + +[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT +FOR DIFFICULTY] + +{Land assizes of novel disseisin, mort d'ancestor and darrein +presentment shall be heard only in the county where the property +is situated, and in this manner: We or, if we are not in the +realm, our Chief Justiciary, shall send two justiciaries through +each county four times a year [to clear and prevent backlog], and +they, together with four knights elected out of each county by the +people thereof, shall hold the said assizes in the county court, +on the day and in the place where that court meets.} + +ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN +THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE, +OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND +JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER +WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID ASSIZES IN THE +COUNTY. + +{If the said assizes cannot be held on the day appointed, so many +of the knights and freeholders as were present on that day shall +remain as will be sufficient for the administration of justice, +according to the amount of business to be done.} + +AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, +BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE +DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR +CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES +CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES OF +THE BENCH AND THERE SHALL BE ENDED. + +[XIII. ASSIZES OF DARREIN PRESENTMENT] + +ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR +JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED. + +[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM] + +A freeman shall be amerced [made to pay a fine to the King] for a +small offence only according to the degree thereof, and for a +serious offence according to its magnitude, saving his position +and livelihood; and in like manner a merchant, saving his trade +and merchandise, and a villein saving his tillage, if they should +fall under our mercy. None of these amercements shall be imposed +except by the oath of honest men of the neighborhood. + +Earls and barons shall be amerced only by their peers, and only in +accordance with the seriousness of the offense. + +{No amercement shall be imposed upon a cleric's lay tenement, +except in the manner of the other persons aforesaid, and without +regard to the value of his ecclesiastical benefice.} + +NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH +THE SERIOUSNESS OF THE OFFENCE AND AFTER HIS LAY TENEMENT, BUT NOT +AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE. + +[XV. MAKING OF BRIDGES AND BANKS] + +No town or freeman shall be compelled to build bridges over rivers +OR BANKS except those bound by old custom and law to do so. + +[XVI. DEFENDING OF BANKS] + +NO BANKS [LAND NEAR A RIVER] SHALL BE DEFENDED [USED BY THE KING +ALONE, E.G. FOR HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN +DEFENCE IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE +SAME PLACES AND IN THE SAME BOUNDS AS IN HIS TIME. + +[XVII. HOLDING PLEAS OF THE CROWN] + +No sheriff, constable, coroners, or other of our bailiffs shall +hold pleas of our Crown [but only justiciars, to prevent disparity +of punishments and corruption]. + +{All counties, hundreds, wapentakes, and tithings (except our +demesne manors) shall remain at the old rents, without any +increase.} + +[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID] + +If anyone holding a lay fee of us dies, and our sheriff or our +bailiff show our letters patent [public letter from a sovereign or +one in authority] of summons for a debt due to us from the +deceased, it shall be lawful for such sheriff or bailiff to attach +and list the goods and chattels of the deceased found in the lay +fee to the value of that debt, by the sight and testimony of +lawful men [to prevent taking too much], so that nothing thereof +shall be removed therefrom until our whole debt is paid; then the +residue shall be given up to the executors to carry out the will +of the deceased. If there is no debt due from him to us, all his +chattels shall remain the property of the deceased, saving to his +wife and children their reasonable shares. + +{If any freeman dies intestate, his chattels shall be distributed +by his nearest kinfolk and friends, under supervision of the +Church, saving to each creditor the debts owed him by the +deceased.} + +[XIX. PURVEYANCE FOR A CASTLE] + +No constable or other of our bailiffs shall take grain or other +chattels of any man without immediate payment, unless the seller +voluntarily consents to postponement of payment. THIS APPLIES IF +THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS +OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID +TO HIM WITHIN 40 DAYS. + +[XX. DOING OF CASTLE-GUARD] + +No constable shall compel any knight to give money for keeping of +his castle in lieu of castle-guard when the knight is willing to +perform it in person or, if reasonable cause prevents him from +performing it himself, by some other fit man. Further, if we lead +or send him into military service, he shall be excused from +castle-guard for the time he remains in service by our command. + +[XXI. TAKING OF HORSES, CARTS, AND WOOD] + +No sheriff or bailiff of ours, or any other man, shall take horses +or carts of any freeman for carriage without the owner's consent. +HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES, +10d. A DAY; FOR THREE HORSES, 14d. A DAY. NO DEMESNE CART OF ANY +SPIRITUAL PERSON OR KNIGHT OR ANY LORD SHALL BE TAKEN BY OUR +BAILIFFS. + +Neither we nor our bailiffs will take another man's wood for our +castles or for other of our necessaries without the owner's +consent. + +[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING] + +We will hold the lands of persons convicted of felony for only a +year and a day [to remove the chattels and movables], after which +they shall be restored to the lords of the fees. + +[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED] + +All fishweirs [obstructing navigation] shall be entirely removed +by the Thames and Medway rivers, and throughout England, except +upon the seacoast. + +[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE] + +The [royal] writ called "praecipe in capite" [for tenements held +in chief of the Crown] shall not in the future be granted to +anyone respecting any freehold if thereby a freeman [who has a +mesne lord] may not be tried in his lord's court. + +[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM] + +There shall be one measure of wine throughout our realm, one +measure of ale, and one measure of grain, to wit, the London +quarter, and one breadth of dyed cloth, russets, and haberjets, to +wit, two {ells} YARDS within the selvages. As with measures so +shall it also be with weights. + +[XXVI. INQUISITION OF LIFE AND LIMB] + +Henceforth nothing shall be given or taken for a writ of +inquisition upon life or limb, but it shall be granted freely and +not denied. + +[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S +SERVICE. PETIT SERJEANTY.] + +If anyone holds of us by fee farm, socage, or burgage, and also +holds land of another by knight's service, we will not by reason +of that fee farm, socage, or burgage have the wardship of his +heir, or the land which belongs to another man's fee. Nor will we +have the custody of such fee farm, socage, or burgage unless such +fee farm owe knight's service. We will not have the wardship of +any man's heir, or the land which he holds of another by knight's +service, by reason of any petty serjeanty which he holds of us by +service of rendering us knives, arrows, or the like. + +[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS] + +In the future no [royal] bailiff shall upon his own unsupported +accusation put any man to trial or oath without producing credible +witnesses to the truth of the accusation. + +[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE +SOLD OR DELAYED.] + +No freeman shall be taken, imprisoned, disseised OF HIS FREEHOLD +OR LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any +way ruined, nor will we prosecute or condemn him, except by the +lawful judgment of his peers or by the law of the land. + +To no one will we sell [by bribery], to none will we deny or +delay, right or justice. + +[XXX. MERCHANT STRANGERS COMING INTO THIS REALM SHALL BE WELL +USED] + +All merchants shall have safe conduct to go and come out of and +into England, and to stay in and travel through England by land +and water, to buy and sell, without evil tolls, in accordance with +old and just customs, except, in time of war, such merchants as +are of a country at war with us. If any such be found in our realm +at the outbreak of war, they shall be detained, without harm to +their bodies or goods, until it be known to us or our Chief +Justiciary how our merchants are being treated in the country at +war with us. And if our merchants are safe there, then theirs +shall be safe with us. + +{Henceforth anyone, saving his allegiance due to us, may leave our +realm and return safely and securely by land and water, except for +a short period in time of war, for the common benefit of the +realm.} + +[XXXI. TENURE OF A BARONY COMING INTO THE KING'S HANDS BY ESCHEAT] + +If anyone dies holding of any escheat, such as the honor of +Wallingford, Nottingham, Boulogne, {Lancaster,} or other escheats +which are in our hands and are baronies, his heir shall not give +any relief or do any service to us other than he would owe to the +baron, if such barony had been in the baron's hands. And we will +hold the escheat in the same manner in which the baron held it. +NOR SHALL WE HAVE, BY OCCASION OF ANY BARONY OR ESCHEAT, ANY +ESCHEAT OR KEEPING OF ANY OF OUR MEN, UNLESS HE WHO HELD THE +BARONY OR ESCHEAT ELSEWHERE HELD OF US IN CHIEF. + +Persons dwelling outside the forest [in the county] need not in +the future come before our justiciaries of the forest in answer to +a general summons unless they are impleaded or are sureties for +any person or persons attached for breach of forest laws. + +[XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE LORD'S +SERVICE] + +NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS +LAND, BUT SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE FEE +MAY HAVE THE SERVICE DUE TO HIM WHICH BELONGS TO THE FEE. + +{We will appoint as justiciaries, constables, sheriffs, or +bailiffs only such men as know the law of the land and will keep +it well.} + +[XXXIII. PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF THEM WHEN +VACANT] + +All barons who had founded abbeys of which they have charters of +English Kings or old tenure, shall have the custody of the same +when vacant, as is their due. + +All forests which have been created in our time shall forthwith be +disafforested. {So shall it be done with regard to river banks +which have been enclosed by fences in our time.} + +{All evil customs concerning forests and warrens [livestock +grounds in forests], foresters and warreners, sheriffs and their +officers, or riverbanks and their conservators shall be +immediately investigated in each county by twelve sworn knights of +such county, who are chosen by honest men of that county, and +shall within forty days after this inquest be completely and +irrevocably abolished, provided always that the matter has first +been brought to our knowledge, or that of our justiciars, if we +are not in England.} + +{We will immediately return all hostages and charters delivered to +us by Englishmen as security for the peace or for the performance +of loyal service.} + +{We will entirely remove from their offices the kinsmen of Gerald +de Athyes, so that henceforth they shall hold no office in +England: Engelard de Cigogne, Peter, Guy, and Andrew de Chanceaux, +Guy de Cigogne, Geoffrey de Martigny and his brothers, Philip Mark +and his brothers, and Geoffrey his nephew, and all their +followers.} + +{As soon as peace is restored, we will banish from our realm all +foreign knights, crossbowmen, sergeants, and mercenaries, who have +come with horses and arms, to the hurt of the realm.} + +{If anyone has been disseised or deprived by us, without the legal +judgment of his peers, of lands, castles, liberties, or rights, we +will immediately restore the same, and if any disagreement arises +on this, the matter shall be decided by judgment of the twenty- +five barons mentioned below in the clause for securing the peace. +With regard to all those things, however, of which any man was +disseised or deprived, without the legal judgment of his peers, by +King Henry [II] our Father or our Brother King Richard, and which +remain in our hands or are held by others under our warranty, we +shall have respite during the term commonly allowed to the +Crusaders, excepting those cases in which a plea was begun or +inquest made on our order before we took the cross; when, however, +we return from our pilgrimage, or if perhaps we do not undertake +it, we will at once do full justice in these matters.} + +{Likewise, we shall have the same respite in rendering justice +with respect to the disafforestation or retention of those forests +which Henry [II] our Father or Richard our Brother afforested, and +concerning custodies of lands which are of the fee of another, +which we hitherto have held by reason of the fee which some person +has held of us by knight's service, and to abbeys founded on fees +other than our own, in which the lord of that fee asserts his +right. When we return from our pilgrimage, or if we do not +undertake it, we will forthwith do full justice to the +complainants in these matters.} + +[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH] + +No one shall be arrested or imprisoned upon a woman's appeal for +the death of any person other than her husband [since no woman was +expected to personally engage in trial by combat]. + +[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN +AND A LEET COURT (COURT OF CRIMINAL JURISDICTION EXCEPTING +FELONIES)] + +NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO +MONTH; AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE +GREATER. NOR SHALL ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN +THE HUNDRED BUT TWICE IN THE YEAR; AND NO WHERE BUT IN DUE PLACE +AND ACCUSTOMED TIME, THAT IS, ONCE AFTER EASTER, AND AGAIN AFTER +THE FEAST OF SAINT MICHAEL. AND THE VIEW OF FRANKPLEDGE [THE RIGHT +OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS EXCEPT +CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE LEET OR +SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF THE +PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE +LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT +EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN +THE TIME OF KING HENRY [II] OUR GRANDFATHER, OR WHICH HE HAS SINCE +PURCHASED. THE VIEW OF FRANKPLEDGE SHALL BE SO DONE, THAT OUR +PEACE MAY BE KEPT; AND THAT THE TYTHING BE WHOLLY KEPT AS IT HAS +BEEN ACCUSTOMED; AND THAT THE SHERIFF SEEK NO OCCASIONS, AND THAT +HE BE CONTENT WITH SO MUCH AS THE SHERIFF WAS WONT TO HAVE FOR HIS +VIEW-MAKING IN THE TIME OF KING HENRY OUR GRANDFATHER. + +[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN] + +IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO +ANY RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF +THE SAME HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE +TEMPORAL LORD]. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO +TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE +RECEIVED IT. IF ANY FROM HENCEFORTH GIVE HIS LANDS TO ANY +RELIGIOUS HOUSE, AND THEREUPON BE CONVICTED, THE GIFT SHALL BE +UTTERLY VOID, AND THE LAND SHALL ACCRUE TO THE LORD OF THE FEE. + +{All fines unjustly and unlawfully given to us, and all +amercements levied unjustly and against the law of the land, shall +be entirely remitted or the matter decided by judgment of the +twenty-five barons mentioned below in the clause for securing the +peace, or the majority of them, together with the aforesaid +Stephen, Archbishop of Canterbury, if he himself can be present, +and any others whom he may wish to bring with him for the purpose; +if he cannot be present, the business shall nevertheless proceed +without him. If any one or more of the said twenty-five barons has +an interest in a suit of this kind, he or they shall step down for +this particular judgment, and be replaced by another or others, +elected and sworn by the rest of the said barons, for this +occasion only.} + +{If we have disseised or deprived the Welsh of lands, liberties, +or other things, without legal judgment of their peers, in England +or Wales, they shall immediately be restored to them, and if a +disagreement arises thereon, the question shall be determined in +the Marches by judgment of their peers according to the law of +England as to English tenements, the law of Wales as to Welsh +tenements, the law of the Marches as to tenements in the Marches. +The same shall the Welsh do to us and ours.} + +{But with regard to all those things of which any Welshman was +disseised or deprived, without legal judgment of his peers, by +King Henry [II] our Father or our Brother King Richard, and which +we hold in our hands or others hold under our warranty, we shall +have respite during the term commonly allowed to the Crusaders, +except as to those matters whereon a suit had arisen or an +inquisition had been taken by our command prior to our taking the +cross. Immediately after our return from our pilgrimage, or if by +chance we do not undertake it, we will do full justice according +to the laws of the Welsh and the aforesaid regions.} + +{We will immediately return the son of Llywelyn, all the Welsh +hostages, and the charters which were delivered to us as security +for the peace.} + +{With regard to the return of the sisters and hostages of +Alexander, King of the Scots, and of his liberties and rights, we +will do the same as we would with regard to our other barons of +England, unless it appears by the charters which we hold of +William his father, late King of the Scots, that it ought to be +otherwise; this shall be determined by judgment of his peers in +our court.} + +[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF +THE FOREST, GRANTED TO THE KING.] + +ESCUAGE [SHIELD MILITARY SERVICE] FROM HENCEFORTH SHALL BE TAKEN +AS IT WAS WONT TO BE IN THE TIME OF KING HENRY [II] OUR +GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS, ABBOTS, +PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS AS +WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE +CUSTOMS, WHICH THEY HAVE HAD IN TIME PASSED. AND ALL THESE CUSTOMS +AND LIBERTIES AFORESAID, WHICH WE HAVE GRANTED TO BE HELD WITHIN +THIS OUR REALM, AS MUCH AS PERTAINS TO US AND OUR HEIRS, WE SHALL +OBSERVE. + +{All the customs and liberties aforesaid, which we have granted to +be enjoyed, as far as it pertains to us towards our people +throughout our realm, let all our subjects, whether clerics or +laymen, observe, as far as it pertains toward their dependents.} + +AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS +MUCH AS IN THEM IS) SHALL OBSERVE THE SAME AGAINST ALL PERSONS IN +LIKE WISE. AND FOR THIS OUR GIFT AND GRANT OF THESE LIBERTIES, AND +OF OTHER CONSTRAINED IN OUR CHARTER OF LIBERTIES OF OUR FOREST, +THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, KNIGHTS, +FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN UNTO US THE +FIFTEENTH PART OF ALL THEIR MOVEABLES. AND WE HAVE GRANTED UNTO +THEM ON THE OTHER PART, THAT NEITHER WE, NOR OUR HEIRS, SHALL +PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THIS CHARTER +CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY THING BE +PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT SHALL BE HAD +OF NO FORCE NOR EFFECT. + +[ENFORCEMENT] + +{Whereas we, for the honor of God and the reform of our realm, and +in order the better to allay the discord arisen between us and our +barons, have granted all these things aforesaid. We, willing that +they be forever enjoyed wholly and in lasting strength, do give +and grant to our subjects the following security, to wit, that the +barons shall elect any twenty-five barons of the realm they wish, +who shall, with their utmost power, keep, hold, and cause to be +kept the peace and liberties which we have granted unto them and +by this our present Charter have confirmed, so that if we, our +Justiciary, bailiffs, or any of our ministers offends in any +respect against any man, or transgresses any of these articles of +peace or security, and the offense is brought before four of the +said twenty-five barons, those four barons shall come before us, +or our Chief Justiciary if we are out of the realm, declaring the +offense, and shall demand speedy amends for the same. If we or, in +case of our being out of the realm, our Chief Justiciary fails to +afford redress within forty days from the time the case was +brought before us or, in the event of our having been out of the +realm, our Chief Justiciary, the aforesaid four barons shall refer +the matter to the rest of the twenty-five barons, who, together +with the commonalty of the whole country, shall distrain and +distress us to the utmost of their power, to wit, by capture of +our castles, lands, and possessions and by all other possible +means, until compensation is made according to their decision, +saving our person and that of our Queen and children; as soon as +redress has been had, they shall return to their former +allegiance. Anyone in the realm may take oath that, for the +accomplishment of all the aforesaid matters, he will obey the +orders of the said twenty-five barons and distress us to the +utmost of his power; and we give public and free leave to everyone +wishing to take oath to do so, and to none will we deny the same. +Moreover, all such of our subjects who do not of their own free +will and accord agree to swear to the said twenty-five barons, to +distrain and distress us together with them, we will compel to do +so by our command in the aforesaid manner. If any one of the +twenty-five barons dies or leaves the country or is in any way +hindered from executing the said office, the rest of the said +twenty-five barons shall choose another in his stead, at their +discretion, who shall be sworn in like manner as the others. In +all cases which are referred to the said twenty-five barons to +execute, and in which a difference arises among them, supposing +them all to be present, or in which not all who have been summoned +are willing or able to appear, the verdict of the majority shall +be considered as firm and binding as if the whole number had been +of one mind. The aforesaid twenty-five shall swear to keep +faithfully all the aforesaid articles and, to the best of their +power, to cause them to be kept by others. We will not procure, +either by ourself or any other, anything from any man whereby any +of these concessions or liberties may be revoked or abated. If any +such procurement is made, let it be null and void; it shall never +be made use of either by us or by any other.} + +[AMNESTY] + +{We have also fully forgiven and pardoned all ill-will, wrath, and +malice which has arisen between us and our subjects, both clergy +and laymen, during the disputes, to and with all men. Moreover, we +have fully forgiven and, as far as it pertains to us, wholly +pardoned to and with all, clergy and laymen, all offences made in +consequence of the said disputes from Easter in the sixteenth year +of our reign until the restoration of peace. Over and above this, +we have caused letters patent to be made for Stephen, Archbishop +of Canterbury, Henry, Archbishop of Dublin, the above-mentioned +Bishops, and Master Pandulph, for the aforesaid security and +concessions.} + +{Wherefore we will that, and firmly command that, the English +Church shall be free and all men in our realm shall have and hold +all the aforesaid liberties, rights, and concessions, well and +peaceably, freely, quietly, fully, and wholly, to them and their +heirs, of us and our heirs, in all things and places forever, as +is aforesaid. It is moreover sworn, as will on our part as on the +part of the barons, that all these matters aforesaid shall be kept +in good faith and without deceit. Witness the above-named and many +others. Given by our hand in the meadow which is called Runnymede, +between Windsor and Staines, on the fifteenth day of June in the +seventeenth year of our reign.} + +THESE BEING WITNESSES: LORD S. ARCHBISHOP OF CANTERBURY, E. BISHOP +OF LONDON, F. BISHOP OF BATHE, G. OF WINCESTER, H. OF LINCOLN, R. +OF SALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. OF ELY, H. OF +HEREFORD, R. OF CHICHESTER, W. OF EXETER, BISHOPS; THE ABBOT OF +ST. EDMONDS, THE ABBOT OF ST. ALBANS, THE ABBOT OF BELLO, THE +ABBOT OF ST. AUGUSTINES IN CANTERBURY, THE ABBOT OF EVESHAM, THE +ABBOT OF WESTMINSTER, THE ABBOT OF BOURGH ST. PETER, THE ABBOT OF +REDING, THE ABBOT OF ABINDON, THE ABBOT OF MALMBURY, THE ABBOT OF +WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT OF CERTESEY, THE ABBOT OF +SHERBURN, THE ABBOT OF CERNE, THE ABBOT OF ABBOREBIR, THE ABBOT OF +MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OF CIRENCESTER, H. DE +BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W. EARL OF +SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTER AND +HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF +ESSEX, H. DE BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. EARL +OF HEREFORD, F. CONSTABLE OF CHESTER, G. DE TOS, H. FITZWALTER, R. +DE BYPONTE, W. DE BRUER, R. DE MONTEFICHET, P. FITZHERBERT, W. DE +AUBENIE, F. GRESLY, F. DE BREUS, F. DE MONEMUE, F. FITZALLEN, H. +DE MORTIMER, W. DE BEUCHAMP, W. DE ST. JOHN, P. DE MAULI, BRIAN DE +LISLE, THOMAS DE MULTON, R. DE ARGENTEYN, G. DE NEVIL, W. DE +MAUDUIT, F. DE BALUN, AND OTHERS. GIVEN AT WESTMINSTER THE 11TH +DAY OF FEBRUARY THE 9TH YEAR OF OUR REIGN. + +WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID, +CONFIRM AND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS +PERPETUALLY, AND BY THE TENOUR OF THESE PRESENTS, DO RENEW THE +SAME; WILLING AND GRANTING FOR US AND OUR HEIRS, THAT THIS +CHARTER, AND ALL SINGULAR HIS ARTICLES, FOREVER SHALL BE +STEDFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IF ANY ARTICLE IN +THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTURE HAS NOT BEEN +KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROM HENCEFORTH +FIRMLY THEY BE OBSERVED. + +Statutes which were enacted after the Magna Carta follow: + +Nuisance is recognized by this statute: "Every freeman, without +danger, shall make in his own wood, or in his land, or in his +water, which he has within our Forest, mills, springs, pools, clay +pits, dikes, or arable ground, so that it does not annoy any of +his neighbors." + +Anyone taking a widow's dower after her husband's death must not +only return the dower, but pay damages in the amount of the value +of the dower from the time of death of the husband until her +recovery of seisin. + +Widows may bequeath the crop of their ground as well of their +dowers as of their other lands and tenements. + +Freeholders of tenements on manors shall have sufficient ingress +and egress from their tenements to the common pasture and as much +pasture as suffices for their tenements. + +"Grain shall not be taken under the pretense of borrowing or the +promise of after-payment without the permission of the owner." + +"A parent or other who forcefully leads away and withholds, or +marries off, an heir who is a minor (under 14), shall yield the +value of the marriage and be imprisoned until he has satisfied the +king for the trespass. If an heir 14 years or older marries +without his Lord's permission to defraud him of the marriage and +the Lord offers him reasonable and convenient marriage, without +disparagement, then the Lord shall hold his land beyond the term +of his age, that, of twenty one years, so long that he may receive +double the value of the marriage as estimated by lawful men, or +after as it has been offered before without fraud or collusion, +and after as it may be proved in the King's Court. Any Lord who +marries off a ward of his who is a minor and cannot consent to +marriage, to a villain or other, such as a burgess, whereby the +ward is disparaged, shall lose the wardship and all its profits if +the ward's friends complain of the Lord. The wardship and profit +shall be converted to the use of the heir, for the shame done to +him, after the disposition and provision of his friends." (The +"marriage" could be annulled by the church.) + +"If an heir of whatever age will not marry at the request of his +Lord, he shall not be compelled thereunto; but when he comes of +age, he shall pay to his Lord the value of the marriage before +receiving his land, whether or not he himself marries." + +"Interest shall not run against any minor, from the time of death +of his ancestor until his lawful age; so nevertheless, that the +payment of the principal debt, with the interest that was before +the death of his ancestor shall not remain." + +The value of debts to be repaid to the king or to any man shall be +reasonably determined by the debtor's neighbors and not by +strangers. A debtors' plough cattle or sheep cannot be taken to +satisfy a debt. + +The wards and escheats of the king shall be surveyed yearly by +three people assigned by the King. The sheriffs, by their counsel, +shall approve and let to farm such wards and escheats as they +think most profitable for the King. The Sheriffs shall be +answerable for the issues thereof in the Exchequer at designated +times. The collectors of the customs on wool exports shall pay +this money at the two designated times and shall make yearly +accounts of all parcels in ports and all ships. + +By statute leap year was standardized throughout the nation, "the +day increasing in the leap year shall be accounted in that year", +"but it shall be taken and reckoned in the same month wherein it +grew and that day and the preceding day shall be counted as one +day." + +"An English penny, called a sterling, round and without any +clipping, shall weigh 32 wheat grains dry in the middle of the +ear." + +Measurements of distance were standardized to twelve inches to a +foot, three feet to a yard, and so forth up to an acre of land. + +Goods which could only be sold by the standard weights and +measures (such as ounces, pounds, gallons, bushels) included sacks +of wool, leather, skins, ropes, glass, iron, lead, canvas, linen +cloth, tallow, spices, confections cheese, herrings, sugar, +pepper, cinnamon, nutmeg, wheat, barley, oats, bread, and ale. The +prices required for bread and ale were based on the market price +for the wheat, barley, and oats from which they were made. + +The punishment for repeated violations of required measures, +weights, or prices of bread and ale by a baker or brewer; selling +of spoiled or unwholesome wine, meat, fish by brewers, butchers, +or cooks; or a steward or bailiff receiving a bribe was reduced to +placement in a pillory with a shaven head so that these men would +still be fit for military service and not overcrowd the gaols. + +Forest penalties were changed so that "No man shall lose either +life or member [limb] for killing of our deer. But if any man be +taken and convicted for taking our venison, he shall make a +grievous fine, if he has anything. And if he has nothing to lose, +he shall be imprisoned for a year and a day. And after that, if he +can find sufficient sureties, he shall be delivered, and, if not, +he shall abjure the realm of England." + +The Forest Charter provided that: Every freeman may allow his pigs +to eat in his own wood in the King's forest. He may also drive his +pigs through the King's forest and tarry one night within the +forest without losing any of his pigs. But people having +greyhounds must keep them out of the forest so they don't maim the +deer. + +The Forest Charter also allowed magnates traveling through the +King's forest on the King's command to come to him, to kill one or +two deer as long as it was in view of the forester if he was +present, or while having a horn blown, so it did not seem to be +theft. + +After a period of civil war, the following statutes were enacted: + +"All persons, as well of high as of low estate, shall receive +justice in the King's Court; and none shall take any such revenge +or distress by his own authority, without award of our court, +although he is damaged or injured, whereby he would have amends of +his neighbor either higher or lower." The penalty is a fine +according to the trespass. + +A fraudulent conveyance to a minor or lease for a term of years +made to defraud a Lord of a wardship shall be void. A Lord who +maliciously and wrongfully alleges this to a court shall pay +damages and costs. + +If a Lord will not render unto an heir his land when he comes of +age or takes possession away from an heir of age or removes +anything from the land, he shall pay damages. (The king retained +the right to take possession of an heir's land for a year or, in +lieu of this, to take one year's profit from the land in addition +to the relief.) + +Kinsmen of a minor heir who have custody of his land held in +socage shall make no waste, sale, nor destruction of the +inheritance and shall answer to the heir when he comes of age for +the issues of the land, except for the reasonable costs of these +guardians. + +No lord may distrain any of his tenants. No one may drive animals +taken by distraint out of the county where they have been taken. + +"Farmers during their terms, shall not make waste, sale, nor exile +of house, woods, and men, nor of any thing else belonging to the +tenements which they have to farm". + +Church law required that planned marriages be publically announced +by the priest so that any impediment could be made known. If a +marriage was clandestine or both parties knew of an impediment, or +it was within the prohibited degrees of consanguinity, the +children would be illegitimate. According to church rules, a man +could bequeath his personal property subject to certain family +rights. These were that if only the wife survived, she received +half the property. Similarly, if children survived, but no wife, +they received half the property. When the wife and children +survived, each party received one third. The church hoped that the +remaining fraction would go to the church as a reward for praying +for the deceased's soul. It taught that dying without a will was +sinful. Adults were to confess their sins at least yearly to their +parish priest, which confession would be confidential. + +Henry de Bracton, a royal justice and the last great +ecclesiastical attorney, wrote an unfinished treatise: A Tract on +the Laws and Customs of England, systematizing and organizing the +law of the court rolls with definitions and general concepts and +describing court practice and procedure. It was influenced by his +knowledge of Roman legal concepts, such as res judicata, and by +his own opinions, such as that the law should go from precedent to +precedent. He also argued that the will and intent to injure was +the essence of murder, so that neither an infant nor a madman +should be held liable for such and that degrees of punishment +should vary with the level of moral guilt in a killing. He thought +the deodand to be unreasonable. + +Bracton defines the requirements of a valid and effective gift as: +"It must be complete and absolute, free and uncoerced, extorted +neither by fear nor through force. Let money or service play no +part, lest it fall into the category of purchase and sale, for if +money is involved there will then be a sale, and if service, the +remuneration for it. If a gift is to be valid the donor must be of +full age, for if a minor makes a gift it will be ineffective since +(if he so wishes) it shall be returned to him in its entirety when +he reaches full age. Also let the donor hold in his own name and +not another's, otherwise his gift may be revoked. And let him, at +the least, be of sound mind and good memory, though an invalid, +ill and on his death bed, for a gift make under such conditions +will be good if all the other [requirements] of a valid gift are +met. For no one, provided he is of good memory, ought to be kept +from the administration or disposition of his own property when +affected by infirmity, since it is only then that he must make +provision for his family, his household and relations, given +stipends and settle his bequests; otherwise such persons might +suffer damage without fault. But since charters are sometimes +fraudulently drawn and gifts falsely taken to be made when they +are not, recourse must therefore be had to the country and the +neighborhood so that the truth may be declared." + +In Bracton's view, a villein could buy his own freedom and the +child of a mixed marriage was free unless he was born in the +tenement of his villein parent. + + + + - Judicial Procedure - + +The Royal Court split up into several courts with different +specialties and became more like departments of state than offices +of the King's household. The justices were career civil servants +knowledgeable in the civil and canon law. The Court of the King's +Bench (a marble slab in Westminster upon which the throne was +placed) traveled with the king and heard criminal cases and pleas +of the Crown. Any use of force, however trivial, was interpreted +as breach of the royal peace and could be brought before the +king's bench. Its records were the coram rege rolls. The title of +the Chief Justiciar of England changed to the Chief Justice of +England. The Court of Common Pleas heard civil cases brought by +one subject against another. Pursuant to the Magna Carta, it sat +only at one place, the Great Hall in Westminster. It had +concurrent jurisdiction with the King's Bench over trespass cases. +Its records were the de banco rolls. The Court of the Exchequer +with its subsidiary department of the Treasury was in almost +permanent session at Westminster, collecting the Crown's revenue +and enforcing the Crown's rights. + +Appeals from these courts could be made to the king and/or his +small council, which was the curia regis and could hear any plea +of the land. In 1234, the justiciar as the principal royal +executive officers and chief presiding officer over the curia +regis ended. In 1268, a chief justiciar was appointed the hold +pleas before the king. Henceforth, a justiciar was a royal officer +who dealt only with judicial work. About the same time the +presiding justice of the court of common pleas also came to be +styled justiciar or chief justice. Justices were no longer +statesmen or politicians, but simply men learned in the law. + +Membership in or attendance at the great council or parliament no +longer rested upon feudal tenure, but upon a writ of summons which +was, to a degree, dependent on the royal will. + +Crown pleas included issues of the King's property, fines due to +him, murder (a body found with no witnesses to a killing), +homicide (a killing for which there were witnesses), rape, +wounding, mayhem, consorting, larceny, robbery, burglary, arson, +poaching, unjust imprisonment, selling cloth by non-standard +widths, selling wine by non-standard weights. Crown causes were +pled by the king's serjeants or servants at law, who were not +clerics. Apprentices at law learned pleading from them. + +Between the proprietary action and the possessory assizes there is +growing use in the king's courts of writs of entry, by which a +tenant may be ordered to give up land, e.g. by a recent flaw in a +tenant's title, for a term which has expired, by a widow for her +late husband's land, or by an heir who has become of full age from +his guardian. For instance: " ...Command Tertius that ... he +render to Claimant, who is of full age, as it is said, ten acres +...which he claims to be his right and inheritance and into which +the said Tertius has no entry save by Secundus, to whom Primus +demised [gaged] them, who had only the wardship thereof while the +aforesaid Claimant was under age, as he says...". But most +litigation about land is still through the writ of right for +proprietary issues and the assizes of novel disseisin and mort +d'ancestor for possessory issues. + +Royal itinerant justices traveled to the counties every seven +years. There, they gave interrogatories to local assizes of twelve +men to determine what had happened there since the last eyre. All +boroughs had to send twelve burgesses who were to indict any +burgesses suspected of breaking the royal law. Every crime, every +invasion of royal rights, and every neglect of police duties was +to be presented and tried. Suspects were held in gaol until their +cases could be heard and gaol breaks were common. Punishment after +trial was prison for serious crimes, expulsion from the realm for +less serious crimes, and pledges for good behavior for lesser +crimes. The visitation of these justices was anticipated with +trepidation. In 1237, the residents of Cornwall hid in the woods +rather than face the itinerant justices. + +Royal coroners held inquests on all sudden deaths to determine +whether they were accidental or not. If not, royal justices held +trial. They also had duties in treasure trove and shipwreck cases. + +Justices of assize, justices of the peace, and itinerant justices +operated at the county level. The traditional county courts had +lost much jurisdiction to the royal courts and were now limited to +personal actions in causes involving usually no more than 40s. +There were pleas of trespass and debt, unjust seizure and +detention of beasts, rent collection, claims of fugitive villeins +and their goods, nuisances, and encroachments. The sheriff still +constitutes and conducts the court. The county court met every +three or four weeks, usually in the sheriff's castle located in +the chief borough of the county, but some met in the open air. + +Twice a year the sheriff visited each hundred in the county to +hold a turn [court for small offenses, such as encroachment of +public land, brewing and baking contrary to government +regulations, and use of dishonest weights and measures.]. Everyone +who held freehold land in the hundred except the greater magnates +had to attend or be fined for absence. The sheriff annually viewed +frankpledge, in which every layman without land that could be +forfeited for felony, including villeins, were checked for being +in a tithing, a group of neighbors responsible for each other's +good conduct. This applied to every boy who had reached the age of +twelve. He had to swear on the Bible "I will be a lawful man and +bear loyalty to our lord the King and his heirs, and I will be +justicable to my chief tithing man, so help me God and the +saints." Each tithing man paid a penny to the sheriff. + +The hundred court decided cases of theft, viewing of boundaries of +land, claims for tenurial services, claims for homage, relief, and +for wardship; enfeoffments made, battery and brawls not amounting +to felony, wounding and maiming of beasts, collection of debts, +trespass, detinue [detention of personal property which originally +was rightfully acquired] and covenant, which now requires a sealed +writing; defamation, and enquiries and presentments arising from +the assizes of bread and ale and measures. A paid bailiff had +responsibility for the hundred court, which met every three weeks. + +Still in existence is the old self-help law of hamsocne, the thief +hand-habbende, the thief back-berend, the old summary procedure +where the thief is caught in the act, AEthelstan's laws, Edward +the Confessor's laws, and Kent's childwyte [fine for begetting a +bastard on a lord's female bond slave]. Under the name of "actio +furti" [appeal of larceny] is the old process by which a thief can +be pursued and goods vindicated. As before and for centuries +later, deodands were forfeited to the king to appease God's wrath. +These chattel which caused the death of a person were usually +carts, cart teams, horses, boats, or mill-wheels. Then they were +forfeited to the community, which paid the king their worth. +Sometimes the justices named the charitable purpose for which the +deodand was to be spent, such as the price of a boat to go to the +repair of a bridge. + +Five cases with short summaries are: + +CASE: "John Croc was drowned from his horse and cart in the water + of Bickney. Judgment: misadventur. The price of the horse + and cart is 4s.6d. 4s.6d. deodand." + +CASE: "Willam Ruffus was crushed to death by a certain trunk. The + price of the trunk is 4d., for which the sheriff is to answer. + 4d. deodand." + +CASE: "William le Hauck killed Edric le Poter and fled, so he is + to be exacted and outlawed. He was in the tithing of Reynold + Horloc in Clandon of the abbot of Chertsey (West Clandon), + so it is in mercy. His chattels were 4 s., for which the + bailiff of the abbot of Chertsey is to answer." + +CASE: "Richard de Bregsells, accused of larceny, comes and denies + the whole and puts himself on the country for good or ill. + The twelve jurors and four vills say that he is not guilty, + so he is quit." + +CASE: William le Wimpler and William Vintner sold wine contrary + to the statute, so they are in mercy. + +Other cases dealt with issues of entry, e.g. whether land was +conveyed or just rented; issues of whether a man was free, for +which his lineage was examined; issues of to which lord a villein +belonged; issues of nuisance such as making or destroying a bank, +ditch, or hedge; diverting a watercourse or damming it to make a +pool; obstructing a road, and issues of what grazing rights were +conveyed in pasture land, waste, woods, or arable fields between +harvest and sowing. Grazing right disputes usually arose from the +ambiguous language in the grant of land "with appurtenances". + +Courts awarded specific relief as well as money damages. If a +landlord broke his covenant to lease land for a term of years, the +court restored possession to the lessee. If a lord did not perform +the services due to his superior lord, the court ordered him to +perform the services. The courts also ordered repair by a lessee. + +Debts of country knights and freeholders were heard in the local +courts; debts of merchants and burgesses were heard in the courts +of the fairs and boroughs; debts due under wills and testaments +were heard in the ecclesiastical courts. The ecclesiastical courts +deemed marriage to legitimize bastard children whose parents +married, so they inherited personal property and money of their +parents. Proof was by compurgation. Church law required +excommunication to be in writing with the reasons therefore, and a +copy given to the excommunicant. A church judge was required to +employ a notary or two men to write down all acts of the judge and +to give a copy to the parties to protect against unjust judges. No +cleric was allowed to pronounce or execute a sentence of death or +to take part in judicial tests or ordeals. Anyone knowingly +accepting a stolen article was required to restore it to its +owner. Heretics were to be excommunicated. + +Trial by combat is still available, although it is extremely rare +for it to actually take place. + +The manor court imposed penalties on those who did not perform +their services to the manor and the lord wrote down the customs of +the manor for future use in other courts. + +By statute, no fines could be taken of any man for fair pleading +in the Circuit of Justiciars, county, hundred, or manor courts. + +Various statutes relaxed the requirements for attendance at court +of those who were not involved in a case as long as there were +enough to make the inquests fully. And "every freeman who owes +suit to the county, tything, hundred, and wapentake, or to the +Court of his Lord, may freely make his attorney attend for him." +All above the rank of knight were exempted from attendance on the +sheriff's turn, unless specifically summoned. Prelates and barons +were generally excepted from the county courts by the charters of +their estates. Charters of boroughs often excepted their +representatives at the county court when there were no justices. +Some barons and knights paid the sheriff to be excused. The king +often relieved the simple knights by special license. There was +frequently a problem of not having enough knights to hold the +assizes. Henry III excused the attendance at hundred courts of all +but those who were bound to special service, or who were concerned +in suits. + +Trespass has become a writ of course in the common law. It still +involves violence, but its element of breach of the peace extends +to those breaches which do not amount to felony. It can include +assault and battery, physical force to land, and physical force to +chattels, e.g. assaulting and beating the plaintiff, breaking into +his close, or carrying off his goods. One found guilty is fined +and imprisoned. As in criminal matters, if a defendant does not +appear at court, his body can be seized and imprisoned, and if he +cannot be found, he may be outlawed. Trespass to goods results in +damages, rather than the return of the goods, for goods carried +off from the plaintiff's possession and can be brought by bailees. + +In Chancery, the court of the Chancellor, if there is a case with +no remedy specified in the law, that is similar to a situation for +which there is a writ, then a new writ may be made for that case. +(By this will later be expanded the action of trespass called +"trespass on the case".) + +Various cases from the manors of the abbey of Bec in 1248-1249 +are: + + 1. Ragenilda of Bec gives 2s. for having married without + licence. Pledge, William of Pinner. The same Ragenilda + demands against Roger Loft and Juliana his wife a certain + messuage which belonged to Robert le Beck, and a jury of + twelve lawful men is granted her in consideration of the + said fine, and if she recovers seisin she will give in all + 5s. And twelve jurors are elected, to wit, John of Hulle, + William Maureward, Robert Hale Walter But, Walter Sigar, + William Brihtwin, Richard Horseman, Richard Leofred, William + John's son, Hugh Cross, Richard Pontfret and Robert Croyser, + John Bisuthe and Gilbert Bisuthe who are sworn. And they say + that the said Ragenilda has the greater right. Therefore let + her have seisin. + +Ruislip [Middlesex]. Saturday after the Purification of the +Blessed Virgin. + + 2. Richard Guest gives 12d. and if he recovers will give 2s. + to have a jury of twelve lawful men as to whether he has the + greater right in a certain headland at Eastcot which + Ragenilda widow of William Andrews holds, or the said + Ragenilda. Pledges for the fine, John Brook and Richard of + Pinner. And the said Ragenilda comes and says that she has + no power to bring that land into judgment because she has no + right in it save by reason of the wardship of the son and + heir of her husband, who is under age. And Richard is not + able to deny this. Therefore let him await [the heir's] full + age. + + 3. Walter Hulle gives 13s.4d. for licence to dwell on the + land of the Prior of Harmondsworth so long as he shall live + and as a condition finds pledges, to wit, William Slipper, + John Bisuthe, Gilbert Bisuthe, Hugh Tree, William John's + son, John Hulle, who undertake that the said Walter shall do + to the lord all the services and customs which he would do + if he dwelt on the lord's land and that his heriot shall be + secured to the lord in case he dies there [i.e. at + Harmondsworth]. + + 4. Geoffrey Sweyn demands the moiety of one virgate of land + which John Crisp and Alina Hele hold, and he gives 2s. to + have a jury, and if he recovers will give 20s. And the said + jurors come and say upon their oath that the said Geoffrey + has no right in the said land. Therefore let the said + tenants go thence without day and let the said Geoffrey pay + 2s. Pledges, Hugh Bussel and Godfrey Francis. + + 5. Juliana Saer's daughter demands as her right the moiety + of one messuage with a croft, which messuage William Snell + and Goda his wife, sister of the said Juliana hold. And they + have made accord by leave [of the court] to the effect that + the said William and Goda give to the said Juliana a barn + and the curtilage nearest the Green and two selions [a ridge + of land between two furrows] in the western part of the said + croft [a small enclosed field]. And the said William put + himself in mercy. Fine, 12d. + + 6. Hugh of Stanbridge complains of Gilbert Vicar's son and + William of Stanbridge that the wife of the said Gilbert who + is of [Gilbert's] mainpast and the said William unjustly + etc. beat and unlawfully struck him and dragged him by his + hair out of his own proper house, to his damage 40s. and to + his dishonour 20s., and [of this] he produces suit. And + Gilbert and William come and defend all of it fully. + Therefore let each of them go to his law six-handed. + Afterwards they make accord to this effect that in case the + said Hugh shall hereafter in any manner offend against + [Gilbert and William] and thereof shall be convicted he will + give the lord 6s.8d. by way of penalty and will make amends + to [Gilbert and William] according to the judgment of six + lawful men, and the others on their part will do the like by + him. And Hugh put himself in mercy. Fine, 3s. Pledges, John + Tailor and Walter Brother. + + 7. Breakers of the assize [of beer:] William Idle (fined + 6d.), maud carter's widow (6d.), Walter Carter. + + 8. John Witriche in mercy for carrying off thorns. Fine, 6d. + + 9. Robert Dochi in mercy (fine, 2d.) for divers trespasses. + Pledges, Gilbert Priest's son, Ralph Winbold and Walter + Green. + +10. Ailwin Crisp in mercy for his cow caught in the lord's + pasture when ward had been made. Fine, 12d. + +11. John Bernard in mercy for his beasts caught by night in + the lord's meadow. Fine, 2s. + +12. Richard Love gives 12d. to have a jury of twelve + touching a rod of land which Robert of Brockhole and Juliana + his wife hold. This action is respited to the next court + [when the jurors are to come] without further delay. + Afterwards the jurors come and say upon their oath that the + said Richard has the greater right in the said land. + Therefore let him have seisin. + +13. William Blackbeard in mercy for not coming with his law + as he was bound to do. Pledges, Geoffrey of Wick and + Geoffrey Payn. Fine, 6d. + +14. It was presented that Stephen Shepherd by night struck + his sister with a knife and grievously wounded her. + Therefore let him be committed to prison. Afterwards he made + fine with 2s. Pledge, Geoffrey of wick. + +15. It was presented that Robert Carter's son by night + invaded the house of Peter Burgess and in felony threw + stones at his door so that the said Peter raised the hue. + Therefore let the said Robert be committed to prison. + Afterwards he made fine with 2s. + +16. Nicholas Drye, Henry le Notte (fine, 12d.) and Thomas + Hogue (fine, 12d.) were convicted for that they by night + invaded the house of Sir Thomas the Chaplain and forcibly + expelled thence a man and woman who had been taken in there + as guests. Therefore they are in mercy. Pledges of the said + Thomas, richard of Lortemere and Jordan of Paris. Pledges of + the said Henry, Richard Pen... and Richard Butry. + +17. Adam Moses gives half a sextary of wine to have an + inquest as to whether Henry Ayulf accused him of the crime + of larceny and used opprobrious and contumelious words of + him. Afterwards they made accord and Henry finds security + for an amercement. Fine, 12d. + +18. Isabella Sywards in mercy for having sold to Richard + Bodenham land that she could not warrant him. + +19. All the ploughmen of great Ogbourne are convicted by the + oath of twelve men...because by reason of their default [the + land] of the lord was ill ploughed whereby the lord is + damaged to the amount of 9s.... And Walter Reaper is in + mercy for concealing [i.e. not giving information as to] the + said bad ploughing. Afterwards he made fine with the lord + with 1 mark. + +20. From Ralph Joce 6s.8d. for his son, because he [the son] + unlawfully carried off grain from the lord's court. Pledge, + Geoffrey Joce. + +21. From Henry Pink 12d. for a trespass by waylaying. + +22. From Eve Corner 6d. for a trespass of her pigs. + +23. From Ralph Scales 6d. for timber carried off. + +24. From William Cooper 12d. for ploughing his own land with + the lord's plough without licence. + +25. From Hugh Newman 12d. for trespass in the wood. + +26. From Richard Penant 12d. for the same. + +27. From Helen widow of Little Ogbourne 6d. for the same. + +28. From Nicholas Siward 6d. for a false complaint against + William Pafey. + +29. From William Pafey 12d. for fighting with the said + Nicholas. + +30. From the widow of Ralph Shepherd 6d. for a trespass in + Pencombe. + +31. Richard Blund gives a half-mark and if he recovers will + give two marks and a half to have a jury of the whole court, + to inquire whether he has the greater right in a virgate of + land which Hugh Frith holds in wardship with Cristiana + daughter of Simon White, or the said Cristiana. Pledges for + the fine, Richard Dene, William Hulle, John of Senholt, Hugh + Smith, and William Ketelburn. And the whole court say upon + their oath that the said Richard has greater right in the + said land than anyone else. Therefore let him recover his + seisin. + +32 ....Miller gives 2d. [the Latin translates as 4s.] for a + trespass against the assize of beer and because the lord's + grain has been ill kept at the mill. Pledges, John Orped and + Joce Serjeant. + +33. Noah gives 2s. in the same way for an inquest as to one + acre. Afterwards they submit themselves to arbitrators, who + adjudge that the said Robert shall pay 3s. to the said Roger + and 6s. to the said Gilbert and 7s. to the said Noah, and + that he will do so [Robert] finds pledges. + +34. Ralph Bar in mercy for having beaten one of the lord's + men. Pledges, Herbert Rede and Ralph Brunild. + +35. For the common fine of the township, a half-mark. + +36. John Boneffiant found pledges, to wit, William Smith and + William of Bledlow, that he will not eloign himself from the + lord's land and that he will be prompt to obey the lord's + summons. + + + + + + - - - Chapter 8 - - - + + + + - The Times: 1272-1348 - + +King Edward I was respected by the people for his good government, +practical wisdom, and genuine concern for justice for everyone. He +loved his people and wanted them to love him. He came to the +throne with twenty years experience governing lesser lands on the +continent which were given to him by his father Henry III. He +spoke Latin, English, and French. He gained a reputation as a +lawgiver and as a peacemaker in disputes on the continent. His +reputation was so high and agreement on him as the next king so +strong that England was peaceful in the almost two years that it +took him to arrive there from continental business. He was +truthful, law-abiding, and kept his word. He had close and solid +family relationships, especially with his father and with his wife +Eleanor, to whom he was faithful. He was loyal to his close circle +of good friends. He valued honor and adhered reasonably well to +the terms of the treaties he made. He was generous in carrying out +the royal custom of subsidizing the feeding of paupers. He visited +the sick. He was frugal and dressed in plain, ordinary clothes +rather than extravagant or ostentatious ones. He disliked ceremony +and display. + +At his accession, there was a firm foundation of a national law +administered by a centralized judicial system, a centralized +executive, and an organized system of local government in close +touch with both the judicial and the executive system. To gain +knowledge of his nation, he sent royal commissioners into every +county to ask about any encroachments on the King's rights and +about misdeeds by any of the King's officials: sheriffs, bailiffs, +or coroners. The results were compiled as the "Hundred Rolls". +They were the basis of reforms which improved justice at the local +as well as the national level. They also rationalized the array of +jurisdictions that had grown up with feudal government. Statutes +were passed by a parliament of two houses, that of peers (lords) +and that of an elected [rather than appointed] commons, and the +final form of the constitution was fixed. + +Wardships of children and widows were sought because they were +very profitable. A guardian could get one tenth of the income of +the property during the wardship and a substantial marriage amount +when the ward married. Parents often made contracts to marry for +their young children. This avoided a forced marriage by a ward +should the parents die. + +Most earldoms and many baronages came into the royal house by +escheat or marriage. The royal house employed many people. The +barons developed a class consciousness of aristocracy and became +leaders of society. Many men, no matter of whom they held land, +sought knighthood. The king granted knighthood by placing his +sword on the head of able-bodied and moral candidates who swore an +oath of loyalty to the king and to defend "all ladies, +gentlewomen, widows and orphans" and to "shun no adventure of your +person in any war wherein you should happen to be". A code of +knightly chivalry became recognized, such as telling the truth and +setting wrongs right. About half of the knights were literate. In +1278, the king issued a writ ordering all free-holders who held +land of the value of at least 400s. to receive knighthood at the +King's hands. + +At the royal house and other great houses gentlemanly jousting +competitions, with well-refined and specific rules, took the place +of violent tournaments with general rules. Edward forbade +tournaments at which there was danger of a "melee". At these +knights competed for the affection of ladies by jousting with each +other while the ladies watched. Courtly romances were common. If a +man convinced a lady to marry him, the marriage ceremony took +place in church, with feasting and dancing afterwards. Romantic +stories were at the height of their popularity. A usual theme was +the lonely quest of a knight engaged in adventures which would +impress his lady. + +Riddles include: 1. I will make you a cross, and a thing will not +touch you, and you will not be able to leave the house without +breaking that cross. Answer: Stand before a post in your house, +with your arms extended. 2. What you do not know, and I do not +know, and no one can know after I have told you. Answer: I will +take a straw from the floor of the room, measure its inches, tell +you the length, and break the straw. 3. A pear tree bears all the +fruit a pear tree can bear and did not bear pears. Answer: It bore +only one pear. + +The dress of the higher classes was very changeable and subject to +fashion as well as function. Ladies no longer braided their hair +in long tails, but rolled it up in a net under a veil, often +topped with an elaborate and fanciful headdress. They wore non- +functional long trains on their tunics and dainty shoes. Men wore +a long gown, sometimes clasped around the waist. Overtunics were +often lined or trimmed with native fur such as squirrel. People +often wore solid red, blue, or green clothes. Only monks and +friars wore brown. The introduction of buttons and buttonholes to +replace pins and laces made clothing warmer, and it could be made +tighter. After Edward I established the standard inch as three +continuous dried barleycorns, shoes came in standard sizes and +with a right one different from a left one. The spinning wheel +came into existence to replace the hand-held spindle. Now one hand +could be used to form the thread while the other hand turned a +large upright wheel that caused the thread to wind around the +spindle, which did not have to be held by hand. This resulted in +an uninterrupted spinning motion which was not interrupted by +alternately forming the thread and winding it on the spindle. + +Lords surrounded themselves with people of the next lower rank, +usually from nearby families, and had large households. For +instance, the king had a circle of noblemen and ladies about him. +A peer or great prelate had a household of about 100-200 people, +among which were his inner circle, companions, administrators, +secretaries, bodyguards and armed escort, chaplain, singing +priests and choirboys, and servants. All officers of the household +were gentlemen. The secretary was usually a clerk, who was +literate because he had taken minor clerical orders. Since the +feudal obligation of the tenants was disappearing, a lord +sometimes hired retainers to supplement his escort of fighting +men. They proudly wore his livery of cloth or hat, which was in +the nature of a uniform or badge of service. A nobleman and his +lady had a circle of knights and gentlemen and their ladies. A +knight had a circle of gentlemen and their ladies. + +The great barons lived in houses built within the walls of their +castles. Lesser barons lived in semi-fortified manors, many of +which had been licensed to be embattled or crenellated. Their +halls were two stories high, and usually built on the first rather +than on the second floor. Windows came down almost to the floor. +The hall had a raised floor at one end where the lord and lady and +a few others sat at a high table. The hearth was in the middle of +the room or on a wall. Sometimes a cat was used to open and shut +the louvers of the smoke outlet in the roof. The lord's bedroom +was next to the hall on the second floor and could have windows +into the hall and a spiral staircase connecting the two rooms. +There was a chapel, in which the lord attended mass every morning. +The many knights usually lived in unfortified houses with two +rooms. + +In the great houses, there were more wall hangings, and ornaments +for the tables. The tables were lit with candles or torches made +of wax. Plates were gold and silver. The lord, his lady, and their +family and guests sat at the head table, which was raised on a +dais. On this high table was a large and elaborate salt cellar. +One's place in relationship to the salt cellar indicated one's +status: above or below the salt. Also, those of higher status at +the table ate a superior bread. The almoner [alms giver] said +grace. Gentlemen poured the lord's drink [cupbearer], served his +meat [carver], and supervised the serving of the food [sewer]. A +yeoman ewery washed the hands of the lord and his guests and +supplied the napkins, ewers [pitchers], and basins. A yeoman +cellarer or butler served the wine and beer. The yeoman of the +pantry served the bread, salt, and cutlery. The steward presided +over the table of household officers of gentle birth. The marshall +of the hall, clerk of the kitchen, or other yeomen officers +supervised other tables. Salt and spices were available at all +tables. Most people ate with their fingers, although there were +knives and some spoons. Drinking vessels were usually metal, horn, +or wood. A marshall and ushers kept order. Minstrels played +musical instruments or recited histories of noble deeds or amusing +anecdotes. Reading aloud was a favorite pastime. The almoner +collected the left-overs to distribute to the poor. + +In lesser houses people ate off trenchers [a four day old slab of +coarse bread or a piece of wood with the middle scooped out like a +bowl], or plates of wood or pewter [made from tin, copper, and +lead]. They often shared plates and drinking vessels at the table. + +Queen Eleanor, a cultivated, intelligent, and educated lady from +the continent, fostered culture and rewarded individual literary +efforts, such as translations from Latin, with grants of her own +money. She patronized Oxford and Cambridge Universities and left +bequests to poor scholars there. She herself had read Aristotle +and commentaries thereon, and she especially patronized literature +which would give cross-cultural perspectives on subjects. She was +kind and thoughtful towards those about her and was also +sympathetic to the afflicted and generous to the poor. She shared +Edward's career to a remarkable extent, even accompanying him on a +crusade. She had an intimate knowledge of the people in Edward's +official circle and relied on the advice of two of them in +managing her lands. She mediated disputes between earls and other +nobility, as well as softened her husband's temper towards people. +Edward granted her many wardships and marriages and she arranged +marriages with political advantages. She dealt with envoys coming +to the court. Her intellectual vitality and organized mentality +allowed her to deal with arising situations well. Edward held her +in great esteem. She introduced to England the merino sheep, +which, when bred with the English sheep, gave them a better +quality of wool. She and Edward often played games of chess and +backgammon. + +Farm efficiency was increased by the use of windmills in the +fields to pump water and by allowing villeins their freedom and +hiring them as laborers only when needed. Customary service was +virtually extinct. A man could earn 5d. for reaping, binding, and +shocking into a pile, an acre of wheat. A strong man with a wife +to do the binding could do this in a long harvest day. Harvests +were usually plentiful, with the exception of two periods of +famine over the country due to weather conditions. Then the price +of wheat went way up and drove up the prices of all other goods +correspondingly. The story of outlaw Robin Hood, who made a living +by robbing, was passed around. This Robin Hood did not give to the +poor. But generally, there was enough grain to store so that the +population was no longer periodically devastated by famine. The +population grew and all arable land in the nation came under the +plough. The acre was standardized. About 1300, the price of an ox +was 9s., a heifer or cow 7s., a hide 2s.6d., a cart horse 2 or 3 +pounds. Farm women went to nearby towns to sell eggs and dairy +products, usually to town women. + +Although manors needed the ploughmen, the carters and drivers, the +herdsmen, and the dairymaid on a full-time basis, other tenants +spent increasing time in crafts and became village carpenters, +smiths, weavers or millers' assistants. Trade and the towns grew. +Smiths used coal in their furnaces. + +Money rents often replaced service due to a lord, such as fish +silver, malt silver, or barley silver. The lord's rights are being +limited to the rights declared on the extents [records showing +service due from each tenant] and the rolls of the manor. +Sometimes land is granted to strangers because none of the kindred +of the deceased will take it. Often a manor court limited a fee in +land to certain issue instead of being inheritable by all heirs. +Surveyors' poles marked boundaries declared by court in boundary +disputes. This resulted in survey maps showing villages and cow +pastures. + +The revival of trade and the appearance of a money economy was +undermining the long-established relationship between the lord of +the manor and his villeins. As a result, money payments were +supplementing or replacing payments in service and produce as in +Martham, where Thomas Knight held twelve acres in villeinage, paid +16d. for it and 14d. in special aids. "He shall do sixteen working +days in August and for every day he shall have one repast - viz. +Bread and fish. He shall hoe ten days without the lord's food - +price of a day 1/2 d. He shall cart to Norwich six cartings or +shall give 9d., and he shall have for every carting one leaf and +one lagena - or gallon - of ale. Also for ditching 1d. He shall +make malt 3 1/2 seams of barley or shall give 6d. Also he shall +flail for twelve days or give 12d. He shall plough if he has his +own plough, and for every ploughing he shall have three loaves and +nine herrings ... For carting manure he shall give 2." + +Another example is this manor's holdings, when 3d. would buy food +for a day: "Extent of the manor of Bernehorne, made on Wednesday +following the feast of St. Gregory the Pope, in the thirty-fifth +year of the reign of King Edward, in the presence of Brother +Thomas, keeper of Marley, John de la More, and Adam de Thruhlegh, +clerks, on the oath of William de Gocecoumbe, Walter le Parker, +Richard le Knyst, Richard the son of the latter, Andrew of Estone, +Stephen Morsprich, Thomas Brembel, William of Swynham, John +Pollard, Roger le Glide, John Syward, and John de Lillingewist, +who say that there are all the following holdings:... John Pollard +holds a half acre in Aldithewisse and owes 18d. at the four +terms, and owes for it relief and heriot. John Suthinton holds a +house and 40 acres of land and owes 3s.6d. at Easter and +Michaelmas. William of Swynham holds one acre of meadow in the +thicket of Swynham and owes 1d. at the feast of Michaelmas. Ralph +of Leybourne holds a cottage and one acre of land in Pinden and +owes 3s. at Easter and Michaelmas, and attendance at the court in +the manor every three weeks, also relief and heriot. Richard Knyst +of Swynham holds two acres and a half of land and owes yearly 4s. +William of Knelle holds two acres of land in Aldithewisse and owes +yearly 4s. Roger le Glede holds a cottage and three roods of land +and owes 2s.6d. Easter and Michaelmas. Alexander Hamound holds a +little piece of land near Aldewisse and owes one goose of the +value of 2d. The sum of the whole rent of the free tenants, with +the value of the goose, is 18s.9d. They say, moreover, that John +of Cayworth holds a house and 30 acres of land, and owes yearly +2s. at Easter and Michaelmas; and he owes a cock and two hens at +Christmas of the value of 4d. And he ought to harrow for two days +at the Lenten sowing with one man and his own horse and his own +harrow, the value of the work being 4d.; and he is to receive from +the lord on each day three meals, of the value of 5d., and then +the lord will be at a loss of 1d. Thus his harrowing is of no +value to the service of the lord. And he ought to carry the manure +of the lord for two days with one cart, with his own two oxen, the +value of the work being 8d.; and he is to receive from the lord +each day three meals at the value as above. And thus the service +is worth 3d. clear. And he shall find one man for two days, for +mowing the meadow of the lord, who can mow, by estimation, one +acre and a half, the value of the mowing of an acre being 6d.: the +sum is therefore 9d. And he is to receive each day three meals of +the value given above. And thus that mowing is worth 4d. clear. +And he ought to gather and carry that same hay which he has cut, +the price of the work being 3d. And he shall have from the lord +two meals for one man, of the value of 1 1/2 d. Thus the work will +be worth 1 1/2 d. clear. And he ought to carry the hay of the lord +for one day with a cart and three animals of his own, the price of +the work being 6d. And he shall have from the lord three meals of +the value of 2 1/2 d. And thus the work is worth 3 1/2 d. clear. +And he ought to carry in autumn beans or oats for two days with a +cart and three animals of his own, the value of the work being +12d. And he shall receive from the lord each day three meals of +the value given above. And thus the work is worth 7d. clear. And +he ought to carry wood from the woods of the lord as far as the +manor, for two days in summer, with a cart and three animals of +his own, the value of the work being 9d. And he shall receive from +the lord each day three meals of the price given above. And thus +the work is worth 4d. clear. And he ought to find one man for two +days to cut heath, the value of the work being 4d., and he shall +have three meals each day of the value given above: and thus the +lord will lose, if he receives the service, 3d. Thus that mowing +is worth nothing to the service of the lord. And he ought to carry +the heath which he has cut, the value of the work being 5d. And he +shall receive from the lord three meals at the price of 2 1/2 d. +And thus the work will be worth 2 1/2 d. clear. And he ought to +carry to Battle, twice in the summer season, each time half a load +of grain, the value of the service being 4d. And he shall receive +in the manor each time one meal of the value of 2d. And thus the +work is worth 2d. clear. The totals of the rents, with the value +of the hens, is 2s.4d. The total of the value of the works is 2s.3 +1/2 d., being owed from the said John yearly. William of Cayworth +holds a house and 30 acres of land and owes at Easter and +Michaelmas 2s. rent. And he shall do all customs just as the +aforesaid John of Cayworth. William atte Grene holds a house and +30 acres of land and owes in all things the same as the said John. +Alan atte Felde holds a house and 16 acres of land (for which the +sergeant pays to the court of Bixley 2s.), and he owes at Easter +and Michaelmas 4s., attendance at the manor court, relief, and +heriot. John Lyllingwyst holds a house and four acres of land and +owes at the two terms 2s., attendance at the manor court, relief, +and heriot. The same John holds one acre of land in the fields of +Hoo and owes at the two periods 2s., attendance, relief, and +heriot. Reginald atte Denne holds a house and 18 acres of land and +owes at the said periods 18d., attendance, relief, and heriot. +Robert of Northehou holds three acres of land at Saltcote and owes +at the said periods attendance, relief, and heriot. Total of the +rents of the villeins, with the value of the hens, 20s. Total of +all the works of these villeins, 6s.10 1/2 d. And it is to be +noted that none of the above-mentioned villeins can give their +daughters in marriage, nor cause their sons to be tonsured, nor +can they cut down timber growing on the lands they hold, without +licence of the bailiff or sergeant of the lord, and then for +building purposes and not otherwise. And after the death of any +one of the aforesaid villeins, the lord shall have as a heriot his +best animal, if he had any; if, however, he have no living beast, +the lord shall have no heriot, as they say. The sons or daughters +of the aforesaid villeins shall give, for entrance into the +holding after the death of their predecessors, as much as they +give of rent per year. Sylvester, the priest, holds one acre of +meadow adjacent to his house and owes yearly 3s. Total of the rent +of tenants for life, 3s. Petronilla atte Holme holds a cottage and +a piece of land and owes at Easter and Michaelmas - ; also, +attendance, relief, and heriot. Walter Herying holds a cottage and +a piece of land and owes at Easter and Michaelmas 18d., +attendance, relief, and heriot. Isabella Mariner holds a cottage +and owes at the feast of St. Michael 12d., attendance, relief, and +heriot. Jordan atte Melle holds a cottage and 1 1/2 acres of land +and owes at Easter and Michaelmas 2s., attendance, relief, and +heriot. William of Batelesmere holds one acre of land with a +cottage and owes at the feast of St. Michael 3d., and one cock and +one hen at Christmas of the value of 3d., attendance, relief, and +heriot. John le Man holds half an acre of land with a cottage and +owes at the feast of St. Michael 2s., attendance, relief, and +heriot. Hohn Werthe holds one rood of land with a cottage and owes +at the said term 18d., attendance, relief, and heriot. Geoffrey +Caumbreis holds half an acre and a cottage and owes at the said +term 18d., attendance, relief, and heriot. William Hassok holds +one rood of land and a cottage and owes at the said term 18d., +attendance, relief, and heriot. The same man holds 3 1/2 acres of +land and owes yearly at the feast of St. Michael 3s. for all. +Roger Doget holds half an acre of land and a cottage, which were +those of R. the miller, and owes at the feast of St. Michael 18d., +attendance, relief, and heriot. Thomas le Brod holds one acre and +a cottage and owes at the said term 3s., attendance, relief, and +heriot. Agnes of Cayworth holds half an acre and a cottage and +owes at the said term 18d., attendance, relief, and heriot. Total +of the rents of the said cottagers, with the value of the hens, +34s.6d. And it is to be noted that all the said cottagers shall do +as regards giving their daughters in marriage, having their sons +tonsured, cutting down timber, paying heriot, and giving fines for +entrance, just as John of Cayworth and the rest of the villeins +above mentioned." The above fines and penalties, with heriots and +reliefs, are worth 5s. yearly. + +Often one village was divided up among two or more manors, so +different manorial customs made living conditions different among +the villagers. Villages usually had carpenters, smiths, saddlers, +thatchers, carters, fullers, dyers, soapmakers, tanners, needlers, +and brassworkers. Each villein had his own garden in which to grow +fruit and vegetables next to his house, a pig (which fattened more +quickly than other animals), strips in the common field, and +sometimes an assart [a few acres of his own to cultivate as he +pleased on originally rough uncultivated waste land beyond the +common fields and the enclosed common pastures and meadows]. Most +villeins did not venture beyond their village except for about ten +miles to a local shrine or great fair a couple times a year. At +the fair might be fish, honey, spices, salt, garlic, oil, furs, +silks, canvas, soap, pans, pots, grindstones, coal, nails, tar, +iron, shovels, brushes, pails, horses, and pack-saddles. Early +apothecaries might sell potions there. Men and women looking for +other employment might attend to indicate their availability. + +Under Edward I, villages were required to mount watches to protect +life and property and were called upon to provide one man for the +army and to pay his wages. + +People told time by counting the number of rings of the church +bell, which rang on the hour. Every Sunday, the villagers went to +church, which was typically the most elaborate and centrally +located building in the village. The parishioners elected +churchwardens, who might be women. This religion brought comfort +and hope of going to heaven after judgment by God at death if sin +was avoided. On festival days, Bible stories, legends, and lives +of saints were read or performed as miracle dramas. They learned +to avoid the devil, who was influential in lonely places like +forests and high mountains. At death, the corpse was washed, +shrouded, and put into a rectangular coffin with a cross on its +lid. Priests sang prayers amid burning incense for the deliverance +of the soul to God while interring the coffin into the ground. Men +who did not make a will risked the danger of an intestate and +unconfessed death. The personal property of a man dying intestate +now went to the church as a trust for the dead man's immperiled +soul instead of to the man's lord. + +Unqualified persons entered holy orders thereby obtaining "benefit +of clergy", and then returned to secular employments retaining +this protection. + +A villein could be forever set free from servitude by his lord as +in this example: + +"To all the faithful of Christ to whom the present writing +shall come, Richard, by the divine permission, abbot of +Peterborough and of the Convent of the same place, eternal +greeting in the Lord: Let all know that we have manumitted +and liberated from all yoke of servitude William, the son of +Richard of Wythington, whom previously we have held as our +born bondman, with his whole progeny and all his chattels, +so that neither we nor our successors shall be able to +require or exact any right or claim in the said William, his +progeny, or his chattels. But the same William, with his +whole progeny and all his chattels, shall remain free and +quit and without disturbance, exaction, or any claim on the +part of us or our successors by reason of any servitude +forever. + +We will, moreover, and concede that he and his heirs shall +hold the messuages, land, rents, and meadows in Wythington +which his ancestors held from us and our predecessors, by +giving and performing the fine which is called merchet for +giving his daughter in marriage, and tallage from year to +year according to our will, - that he shall have and hold +these for the future from us and our successors freely, +quietly, peacefully, and hereditarily, by paying to us and +our successors yearly 40s. sterling, at the four terms of +the year, namely: at St. John the Baptist's day 10s., at +Michaelmas 10s., at Christmas 10s., and at Easter 10s., for +all service, exaction, custom, and secular demand; saving to +us, nevertheless, attendance at our court of Castre every +three weeks, wardship, and relief, and outside service of +our lord the King, when they shall happen. And if it shall +happen that the said William or his heirs shall die at any +time without an heir, the said messuage, land rents, and +meadows with their appurtenances shall return fully and +completely to us and our successors. Nor will it be allowed +to the said William or his heirs to give, sell, alienate, +mortgage, or encumber in any way, the said messuage, land, +rents, and meadows, or any part of them, by which the said +messuage, land, rents, and meadows should not return to us +and our successors in the form declared above. And if this +should occur later, their deed shall be declared null, and +what is thus alienated shall come to us and our successors... + +Given at Borough, for the love of Lord Robert of good +memory, once abbot, our predecessor and maternal uncle of +the said William, and at the instance of the good man, +Brother Hugh of Mutton, relative of the said abbot Robert, +A.D. 1278, on the eve of Pentecost." + +Villeins who were released from the manorial organization by +commutation of their service for a money payment took the name of +their craft as part of their name, such as, for the manufacture of +textiles, Weaver, Draper, Comber, Fuller, Napper, Cissor, Tailor, +Textor; for metal-work, Faber, Ironmonger; for leatherwork, +Tanner; for woodwork, building and carpentry, Carpenter, Cooper, +Mason, Pictor; for food-production, Baker, Pistor. Iron, tin, +lead, salt, and even coal were providing increasing numbers of +people with a livelihood. + +Many new boroughs were founded as grants of market rights by the +king grew in number. These grants implied the advantage of the +King's protection. In fact, one flooded town was replaced with a +new town planned with square blocks. It was the charter which +distinguished the borough community from the other communities +existing in the country. It invested each borough with a distinct +character. The privileges which the charter conferred were +different in different places. It might give trading privileges: +freedom from toll, a guild merchant, a right to hold a fair. It +might give jurisdictional privileges: a right to hold court with +greater or less franchises. It might give governmental privileges: +freedom from the burden of attending the hundred and county +courts, the return of writs, which meant the right to exclude the +royal officials, the right to take the profits of the borough, +paying for them a fixed sum to the Crown or other lord of the +borough, the right to elect their own officials rather than them +being appointed by the king or a lord, and the right to provide +for the government of the borough. It might give tenurial +privileges: the power to make a will of lands, or freedom from the +right of a lord to control his tenants' marriages. It might give +procedural privileges: trial by combat is excluded, and trial by +compurgation is secured and regulated. These medieval borough +charters are very varied, and represent all stages of development +and all grades of franchise. Boroughs bought increasing rights and +freedoms from their lord, who was usually the King. + +In the larger towns, where cathedrals and public building were +built, there arose a system for teaching these technical skills +and elaborate handicraft, wood, metal, stained glass, and stone +work. A boy from the town would be bound over in apprenticeship to +a particular craftsman, who supplied him with board and clothing. +The craftsman might also employ men for just a day. These +journeymen were not part of the craftsman's household as was the +apprentice. After a few years of an apprenticeship, one became a +journeyman and perfected his knowledge of his craft and its +standards by seeing different methods and results in various +towns. He was admitted as a master of his trade to a guild upon +presenting an article of his work worthy of that guild's standard +of workmanship: his "masterpiece". Women, usually wives of +brethren only, could be admitted. The tailors' guild and the +skinners' guild are extant now. + +When guilds performed morality plays based on Bible stories at +town festivals, there was usually a tie between the Bible story +and the guild's craft. For instance, the story of the loaves and +fishes would be performed by the Bakers' or Fishmongers' Guild. +The theme of the morality play was the fight of the Seven Cardinal +Virtues against the Seven Deadly Sins for the human soul, a life- +long battle. The number seven was thought to have sacred power; +there were seven sacraments, seven churches in the Biblical +Apocalypse, seven liberal arts and seven devilish arts. The seven +sacraments were: baptism, confirmation, Lord's Supper, penance, +orders, matrimony, and extreme unction. + +A borough was run by a mayor elected usually for life. By being +members of a guild, merchant-traders and craftsmen acquired the +legal status of burgesses and had the freedom of the borough. Each +guild occupied a certain ward of the town headed by an alderman. +The town aldermen, who were unpaid, made up the town council, +which advised the mayor. The Mayor of London received 40 pounds +for hospitality, but in small towns, 20s. sufficed. Often there +were town police, bailiffs, beadles [messengers], a town crier, +and a town clerk. London offices included recorder, prosecutor, +common sergeant, and attorneys. In the center of town were the +fine stone houses, a guildhall with a belfry-tower, and the +marketplace - a square or broad street, where the town crier made +public announcements with bell or horn. Here too was the ducking +stool for scandalmongers and the stocks which held offenders by +their legs and perhaps their hands to be scorned and pelted by +bystanders with, for instance, rotten fruit and filth. No longer +were towns dominated by the local landholders. + +In London there were 4 royal princes, 6 great earls, 17 barons, 26 +knights, and 11 female representatives of the peerage (counted in +1319). There was a wall with four towers surrounding the White +Tower, and this castle was known as the Tower of London. Another +wall and a moat were built around it and it has reached its final +form. Hovels, shops, and waste patches alternated with high walls +and imposing gateways protecting mansions. The mansions had +orchards, gardens, stables, brewhouses, bakeries, guardrooms, and +chapels. London streets were paved with cobbles and sand. Each +citizen was to keep the street in front of his tenement in good +repair. Later, each alderman appointed four reputable men to +repair and clean the streets for wages. The repair of Bishopsgate +was the responsibility of the Bishop because he received one stick +from every cart of firewood passing through it. Rules as to tiled +roofs were enforced. A 1297 ordinance required all taverns to +close at curfew, an hour that fluctuated. Prostitutes were +expelled from the city because the street with their bawdy houses +had become very noisy. Women huckster-retailers, nurses, servants, +and loose women were limited to wearing hoods furred with lambskin +or rabbitskin and forbidden to wear hoods furred with vair or +miniver [grey or white squirrel] in the guise of good ladies. An +infirmary for the blind was founded by a mercer, who became its +first prior. + +The London mayoral elections were hotly fought over until in 1285, +when the aldermen began to act with the aid of an elected council +in each of the twenty-four wards, which decentralized the +government of the city. Each ward chose certain of its inhabitants +to be councilors to the aldermen. This council was to be consulted +by him and its advice to be followed. In 1291, the aldermen for +the first time included a fishmonger. The Fishmongers were the +only guild at this time, besides the Weavers, which had acquired +independent jurisdiction by the transfer of control of their +weekly hall-mote from a public official to themselves. Craftsmen +began to take other public offices too. By the reign of Edward II, +all the citizens were obliged to be enrolled among the trade- +guilds. A great quarrel between the weaver's guild and the +magistracy began the control of the city by the craft guilds or +city companies. Admission to freedom of the city [citizenship] was +controlled by the citizens, who decided that no man of English +birth, and especially no English merchant, who followed any +specific mistery [French word for a calling or trade] or craft, +was to be admitted to the freedom of the city except on the +security of six reputable men of that mistery or craft. No longer +could one simply purchase citizenship. Apprentices had to finish +their terms before such admission, and often could not afford the +citizenship fee imposed on them. Only freemen could sell wares in +the city, a custom of at least two hundred years. + +As economic activity in London became more complex and on a larger +scale in the 1200s, some craftsmen were brought under the control +of other crafts or merchants. The bakers fell under the control of +the wholesale grain dealers; the weavers became pieceworkers for +rich cloth merchants; the blade-makers and shearers were employed +by cutlers; coppersmiths were controlled by girdlers; fullers were +controlled by entrepreneurial dyers; and the painters, joiners, +and lorimers were controlled by the saddlers. Guilds moved their +meeting places from churches, which were now too small, to guild +halls. The controlling officers of the large guilds met at the +Guildhall, which became the seat of mayoral authority. London +streets in existence by this time include Cordwainer, Silver, +Cannon (Candlewick), and Roper. Lanes included Ironmonger, Soper, +Spurrier, Lad (ladles), Distaff, Needles, Mede, Limeburner, and +Hosier. Fighting among groups was common in London. There was a +street fight on a large scale in 1327 between the saddlers and a +coalition of joiners, painters, and lorimers (makers of metal work +of saddles). Much blood was shed in the street battle between the +skinners and the fishmongers in 1340. There was a city ordinance +that no one except royal attendants, baronial valets, and city +officials were to go about armed. Disputes among neighbors that +were brought to court included the use and upkeep of party walls, +blocked and overflowing gutters, cesspits too close to a +neighbor's property, noisy tenants, loss of light, and dangerous +or overhanging structures. + +In 1275, a goldsmith was chief assay-master of the King's mint and +keeper of the exchange at London. The king gave the Goldsmiths' +Company the right of assay [determination of the quantity of gold +or silver in an object] and required that no vessels of gold or +silver should leave the maker's hands until they had been tested +by the wardens and stamped appropriately. In 1279, goldsmith +William Farrington bought the soke of the ward containing the +goldsmiths' shops. It remained in his family for 80 years. A +patent of 1327 empowered the guild to elect a properly qualified +governing body to superintend its affairs, and reform subjects of +just complaint. It also prescribed, as a safeguard against a +prevailing fraud and abuse, that all members of the trade should +have their standing in Cheapside or in the King's exchange, and +that no gold or silver should be manufactured for export, except +that which had been bought at the exchange or of the trade openly. + +Some prices in London were: large wooden bedstead 18s., a small +bedstead 2s., a large chest for household items 2s., feather beds +2-3s., a table 1s., a chair 4-6d., cloth gown lined with fur 13- +20s., plain coats and overcoats 2-8s., caps 2-8d., a pair of pen- +cases with inkhorn 4d., a skin of parchment 1d., 24 sheets of +paper 6d, a carcass of beef 15s., a pig 4s., a swan 5s., and a +pheasant 4s. There was a problem with malefactors committing +offenses in London and avoiding its jurisdiction by escaping to +Southwark across the Thames. So Southwark was given a royal +charter which put it under the jurisdiction of London for peace +and order matters and allowed London to appoint its tax collector. +London forbade games being played because they had replaced +practice in archery, which was necessary for defense. + +A royal inquiry into the state of the currency indicated much +falsification and coin-clipping by the Jews and others. About 280 +Jews and many Englishmen were found guilty and hanged. The rest of +the Jews, about 16,000, were expelled in 1290. This was popular +with the public because of the abuses of usury. There had been +outbreaks of violence directed at the Jews since about 1140. The +king used Italian bankers instead because he thought them more +equitable in their dealings. The lepers were driven out of London +in 1276. Exports and imports were no longer a tiny margin in an +economy just above the subsistence level. Exports were primarily +raw wool and cloth, but also grain, butter, eggs, herring, hides, +leather goods such as bottles and boots, embroideries, metalware, +horseshoes, daggers, tin, coal, and lead. Imported were wine, +silk, timber, furs, rubies, emeralds, fruits, raisins, currents, +pepper, ginger, cloves, rice, cordovan leather, pitch, hemp, +spars, fine iron, short rods of steel, bow-staves of yew, tar, +oil, salt, cotton (for candle-wicks), and alum (makes dyes hold). +Ships which transported them had one or two masts upon which sails +could be furled, the recently invented rudder, and a carrying +capacity of up to 200 tuns [about one ton]. Many duties of +sheriffs and coroners were transferred to county landholders by +commissions. In coastal counties, there were such commissions for +supervising coastal defense and maintaining the beacons. Each +maritime county maintained a coast guard, which was under the +command of a knight. Ports had well-maintained harbors, quays, and +streets. By 1306 there was an office of admiral of the fleet of +the ships of the southern ports. + +Women could inherit land in certain circumstances. Some tenants +holding land in chief of the king were women. + +Regulation of trade became national instead of local. Trade was +relatively free; almost the only internal transportation tolls +were petty portages and viages levied to recoup the expense of a +bridge or road which had been built by private enterprise. +Responsibility for the coinage was transferred from the individual +moneyers working in different boroughs to a central official who +was to become Master of the Mint. The round half penny and +farthing [1/4 penny] were created so that the penny needn't be cut +into halves and quarters anymore. + +Edward I called meetings of representatives from all social and +geographic sectors of the nation at one Parliament to determine +taxes due to the Crown. He declared that "what touches all, should +be approved by all". He wanted taxes from the burgesses in the +towns and the clergy's ecclesiastical property as well as from +landholders. He argued to the clergy that if barons had to both +fight and pay, they who could do no fighting must at least pay. +When the clergy refused to pay, he put them outside the royal +protection and threatened outlawry and confiscation of their +lands. Then they agreed to pay and to renounce all papal orders +contrary to the King's authority. + +The Model Parliament of 1295 was composed of the three +communities. The first were the lords, which included seven earls +and forty-one barons. Because of the increase of lesser barons due +to a long national peace and prosperity, the lords attending were +reduced in numbers and peerage became dependent not on land +tenure, but on royal writ of summons. The great barons were chosen +by the king and received a special summons in their own names to +the council or Parliament. Others were called by a general +summons. The second community was the clergy, represented by the +two archbishops, bishops from each of eighteen dioceses, and +sixty-seven abbots. The third community was the commons. It was +composed of two knights elected by the suitors who were then +present at the county court, two burgesses elected by principal +burgesses of each borough, and two representatives from each city. +The country knights had a natural affinity with the towns in part +because their younger sons sought their occupation, wife, and +estate there. Also, great lords recruited younger brothers of +yeoman families for servants and fighting men, who ultimately +settled down as tradesmen in the towns. The country people and the +town people also had a community of interest by both being +encompassed by the county courts. The peasants were not +represented in the county courts nor in Parliament. One had to +have land to be entitled to vote because the landowner had a stake +in the country, a material security for his good behavior. + +Parliaments without knights and burgesses still met with the king. +But it was understood that no extraordinary tax could be levied +without the knights and burgesses present. Ordinary taxes could be +arranged with individuals, estates, or communities. The lower +clergy ceased to attend Parliament and instead considered taxes to +pay to the king during their national church convocations, which +were held at the same time as Parliament. For collection purposes, +their diocesan synod was analogous to the count court. The higher +clergy remained in Parliament because they were feudal vassals of +the king. + +Edward's council was the highest tribunal. It comprised the +chancellor, treasurer and other great officers of state, the +justices of the three courts, the master or chief clerks of the +chancery, and certain selected prelates and barons. The council +assisted the king in considering petitions. Most petitions to the +King were private grievances of individuals, including people of +no social rank, such as prisoners. Other petitions were from +communities and groups, such as religious houses, the two +universities, boroughs, and counties. These groups sometimes +formed alliances in a common cause. Women sometimes petitioned. +From 1293, the petitions were placed in four stacks for +examination by the King and council, by the Chancery, by the +Exchequer, or by the justices. Many hours were spent hearing and +answering petitions. From 1305, the petitions were presented to +the king in full Parliament. + +The king still exercised the power of legislation without a full +Parliament. He might in his council issue proclamations. The Chief +Justices still had, as members of the king's council, a real voice +in the making of laws. The king and his justices might, after a +statute has been made, put an authoritative interpretation upon +it. Royal proclamations had the same force as statutes while the +king lived; sometimes there were demands that certain +proclamations be made perpetual by being embodied in statutes, +e.g. fixing wages. There was no convention that agreement or even +the presence of representatives was required for legislation. The +idea that the present can bind the absent and that the majority of +those present may outvote the minority was beginning to take hold. +Edward I's councilors and justices took an oath to give, expedite, +and execute faithful counsel; to maintain, recover, increase, and +prevent the diminution of, royal rights; to do justice, honestly +and unsparingly; to join in no engagements which may present the +councilor from fulfilling his promise; and to take no gifts in the +administration of justice, save meat and drink for the day. These +were in addition to other matters sworn to by the councilors. + +Parliament soon was required to meet at least once a year at the +Great Hall at Westminster beside the royal palace. London paid its +representatives 10s. per day for their attendance at Parliament. +From the time of Edward II, the counties paid their knight- +representatives 4s. daily, and the boroughs paid their burgess- +representatives 2s. daily. When it convened, the Chancellor sat on +the left and the Archbishop of Canterbury on the right of the +king. Just below and in front of the king his council sits on wool +sacks brought in for their comfort from wool stored nearby. It +answers questions. Behind them on the wool sacks sit the justices, +who may be called upon to give legal advice, e.g. in framing +statutes. Then come the spiritual and lay barons, then the +knights, and lastly the elected burgesses and citizens. Lawmaking +is now a function of Parliament, of which the King's council is a +part, instead of a function of the king with his council and +justices. The common people now had a voice in law-making, though +legislation could be passed without their consent. The first +legislation proposed by the commons was alteration of the forest +laws governing the royal pleasure parks. Such a statute was passed +in a bargain for taxes of a percentage of all movables, which were +mostly foodstuffs and animals. The king offered to give up the +royal right to tax merchandise for a new tax: customs on exports. +The barons and knights of the county agreed to pay an 11th, the +burgesses, a 7th, and the clergy a 10th on their other movables. +In time, several boroughs sought to be included in the county +representation so they could pay the lower rate. This new system +of taxation began the decline of the imposition of feudal aids, +knights' fees, scutages, carucage, and tallage, which had been +negotiated by the Exchequer with the reeves of each town, the +sheriff and county courts of each county, and the bishops of each +diocese. + +The staple [depot or mart, from the French "estaple"] system began +when the export of wool had increased and Parliament initiated +customs duties of 6s.8d. on every sack of wool, woolfells +[sheepskin with wool still on it], or skins exported in 1275. +These goods had to be assessed and collected at certain designated +ports. Certain large wool merchants, the merchants of the staple, +were allowed to have a monopoly on the purchase and export of +wool. Imports of wine were taxed as tunnage as before, that is +there was a royal right to take from each wine ship one cask for +every ten at the price of 20s. per cask. + +In 1297, Edward I confirmed the Magna Carta and other items. +Judgments contrary to Magna Carta were nullified. The documents +were to be read in cathedral churches as grants of Edward and all +violators were to be excommunicated. He also agreed not to impose +taxes without the consent of Parliament after baronial pressure +had forced him to retreat from trying to increase, for a war in +France, the customs tax on every exported sack of wool to 40s. +from the 6s. 8d. per sack it had been since 1275. The customs tax +was finally fixed at 10s. for every sack of wool, 2s. for each tun +[casket] of wine, and 6d. for every pound's worth of other goods. +The "tenths and fifteenths" tax levied on income from movables or +chattels became regular every year. Edward also confirmed the +Forest Charter, which called for its earlier boundaries. And he +agreed not to impound any grain or wool or and like against the +will of the owners, as had been done before to collect taxes. +Also, the special prises or requisitions of goods for national +emergency were not to be a precedent. Lastly, he agreed not to +impose penalties on two earls and their supporters for refusing to +serve in the war in France when the king did not go. + +From 1299, statutes were recorded in a Statute Roll as they were +enacted. + +By the end of the 1200s, the King's wardrobe, where confidential +matters such as military affairs were discussed in his bedroom, +became a department of state with the King's privy seal. The +keeper of the privy seal was established as a new office by Edward +I in 1318. The wardrobe paid and provisioned the knights, squires, +and sergeants of the king and was composed mostly of civil +servants. It traveled with the King. The Crown's treasure, plate, +tents, hangings, beds, cooking-utensils, wine, and legal and +financial rolls were carried on pack horses or in two-wheeled +carts drawn by oxen, donkeys, or dogs. The people in the entourage +rode horses or walked. The other two specialized administrative +bodies were the Exchequer, which received most of the royal +revenue and kept accounts at Westminster, and the Chancery, which +wrote royal writs, charters, and letters, and kept records. + +The chief functions of administration in the 1300s were performed +by the council, chancery, wardrobe, chamber [room off wardrobe for +dressing and for storage], and exchequer. Many of the chancellors +had come from the wardrobe and chamber. In time, the chancellor +ceased to be a part of the king's personal retinue and to follow +the court. The chancery became primarily a department of central +administration rather than a secretarieat and record-keeping part +of the royal household. The king used a privy seal to issue +directives to the chancery. Edward III made some merchants earls +and appointed them to be his ministers. He did not summon anyone +to his council who did not have the confidence of the magnates +[barons, earls, bishops, and abbots]. + +There was a recoinage due to debasement of the old coinage. This +increased the number of coins in circulation. The price of wheat +went from about 7s. in 1270 to about 5s. per quarter in 1280. Also +the price of an ox went from 14s. to 10s. Then there were broad +movements of prices, within which there were wide fluctuations, +largely due to the state of the harvest. From 1280 to 1290, there +was runaway inflation. In some places, both grain and livestock +prices almost doubled between 1305 and 1310. Wheat prices peaked +at 15s.5d. a quarter in the famine year of 1316. In 1338, prices +dropped and remained low for twenty years. The poor were hurt by +high prices and the lords of the manors were hurt by low prices. + +As before, inadequate care and ignorance of nutrition caused many +infant deaths. Accidents and disease were so prevalent that death +was always near and life insecure. Many women died in childbirth. + +In the 1300s, there were extremes of fashion in men's and women's +clothing including tight garments, pendant sleeves down to the +ground, coats so short they didn't reach the hips or so long they +reached the heels, hoods so small they couldn't cover the head, +and shoes with long curved peaks like claws at the toes. Both men +and women wore belts low on the hips. The skirt of a lady's tunic +was fuller and the bodice more closely fitted than before. Her +hair was usually elaborately done up, e.g. with long curls or +curled braids on either side of the face. A jeweled circlet was +often worn around her head. Ladies wore on their arms or belts, +cloth handbags, which usually contained toiletries, such as combs +made of ivory, horn, bone, or wood, and perhaps a little book of +devotions. A man wore a knife and a bag on his belt. Some women +painted their faces and/or colored their hair. There were hand- +held glass mirrors. Some people kept dogs purely as pets. + +There was a great development of heraldic splendor with for +instance, crests, coat-armor, badges, pennons [long, triangular +flag], and helmets. They descended through families. Not only was +it a mark of service to wear the badge of a lord, but lords wore +each other's badges by way of compliment. + +Edward I always sought the agreement of Parliament before +assembling an army or taking actions of war, and Parliamentary +consent came to be expected for such. He completed the conquest +and annexation of Wales in 1284. The feudal army was summoned for +the last time in the 100 year war with France, which began in +1337. In it the English longbow was used to pierce French knights' +armor. There had been much competition between the strength of +arrows to pierce and the heaviness of armor to resist. Guns and +cannon with gunpowder were introduced in 1338. A system to raise +an army by contract was developed. Contracts were made with +nobles, knights, or esquires who undertook to enlist an agreed +number of armored men-at-arms and archers, who were paid wages. +The King provided transport for each contractor and his retinue, +baggage, and horses. The title of "knight" now resumed its +military character as well as being a social rank. + +After Edward I died in 1307, there was a period of general +lawlessness and contests for power between earls and barons and +the irresponsible King Edward II, who was not a warrior king. He +eventually was assassinated. Also in 1307, Parliament required the +king to obtain its consent for any exchange or alteration of the +currency. + +By 1319, the guilds of London had become so powerful that they +extracted a charter from the king that to be a citizen of London +one had to be a member of a guild. + +By 1326, scholars, the nobility, and the clergy had reading +eyeglasses, which had been invented in Italy, probably by the +glass blowers. Italy was famous for its glasswork. The first +eyeglasses were fabricated by pouring molten glass into curved +molds. The actual shape was difficult to control because thermal +expansion and contraction resulted in bubbles and other optical +imperfections. + +As of 1336, importing foreign cloth or fur, except for use by the +King's family, was prohibited, as was the export of unwoven wool. +Later, this was relaxed and a customs tax of 33% was imposed on +wool exported. + +Foreign cloth-workers were allowed by statute to come to live in +the nation, be granted franchises, and be in the King's +protection. But no cloth was to be exported until it was fulled. +During the reign of Edward III, Flanders weavers were encouraged +to come to England to teach the English how to weave and finish +fine cloth. A cloth industry grew with all the manufacturing +processes under the supervision of one capitalist manufacturer, +who set up his enterprise in the country to avoid the regulations +of the towns. The best places were hilly areas where there were +many streams and good pasture for flocks of sheep. He hired +shearers to cut the nap as short as possible to give a smooth +surface, then spinsters to card and spin the wool in their country +cottages, then weavers, and then fullers and dyers to come to +fulling mills established near streams for their waterpower. +Fulling became mechanized as heavy wooden hammers run by water- +power replaced feet trampling the cloth covered with soap or +fuller's clay. The shaft loom was a technological advance in +weaving. This loom was horizontal and its frames, which controlled +the lifting of the warp threads, could each be raised by a foot +treadle. This left both hands free to throw and catch the shuttle +attached to the weft thread from side to side through the warp. +Also many more weaving patterns became possible through the use of +different thread configurations on the frames. + +In 1341, the commons forced King Edward III and council to approve +their petition when Parliament was still in session so that they +would draft the legislation in true accordance with the petition. +This had not been done when drafting had been done after +Parliament ended, when the phrase "saving the prerogatives of the +king" was often added. Also the lords and commons consulted each +other and joined in petitions. But they usually stated their +conclusions to the king separately. It was considered a burden +rather than a privilege to attend Parliament and elections for +such were not often contested. They were conducted according to +local custom until 1600. + +In 1348, the Commons voted a tax of 1/15th on moveables for three +years with the proviso that it be spent only on the war against +Scotland. This began the practice of appropriation of funds. In +1381, began the practice of appointing treasurers of the subsidies +to account to Parliament for both receipts and disbursements. + +Alien merchants wree under the king's special protection. In +return for paying extra import and export duties, Edward III gave +alien merchants full rights of trade, travel, and residence in +England free of all local tolls and restrictions, and guaranteed a +fair hearing of their commercial and criminal cases in special pie +powder (after French "pie poudrous" or dusty feet) courts at +fairs. + + + + - The Law - + +Edward I remodeled the law in response to grievances and to +problems which came up in the courts. The changes improved the +efficiency of justice and served to accommodate it to the changing +circumstances of the social system. These statutes were: + +"No man by force of arms, malice or menacing shall disturb +anyone in making free election [of sheriffs, coroners, +conservators of the peace by freeholders of the county]." + +"No city, borough, town, nor man shall be amerced without +reasonable cause and according to the severity of his +trespass. That is, every freeman saving his freehold, a +merchant saving his merchandise, a villein saving his +waynage [implements of agriculture], and that by his peers." + +No distress shall be taken of ploughing-cattle or sheep. + +Young salmon shall not be taken from waters in the spring. + +No loan shall be made for interest. + +If an heir who is a minor is married off without the consent +of the guardian, the value of the marriage will be lost and +the wrongdoer imprisoned. If anyone marries off an heir over +14 years of age without the consent of the guardian, the +guardian shall have double the value of the marriage. +Moreover, anyone who has withdrawn a marriage shall pay the +full value thereof to the guardian for the trespass and make +amends to the King. And if a lord refuses to marry off a +female heir of full age and keep her unmarried because he +covets the land, then he shall not have her lands more than +two years after she reaches full age, at which time she can +recover her inheritance without giving anything for the +wardship or her marriage. However, if she maliciously +refuses to be married by her lord, he may hold her land and +inheritance until she is the age of a male heir, that is, 21 +years old and further until he has taken the value of the +marriage. + +Aid to make one's son a knight or marry off his daughter of +a whole knight's fee shall be taken 20s., and 400s.[yearly +income from] land held in socage 20s. [5%], and of more, +more; and of less, less; after the rate. And none shall levy +such aid to make his son a knight until his son is 15 years +old, nor to marry his daughter until she is seven year old. + +A conveyance of land which is the inheritance of a minor +child by his guardian or lord to another is void. + +Dower shall not abate because the widow has received dower +of another man unless part of the first dower received was +of the same tenant and in the same town. But a woman who +leaves her husband for another man is barred from dower. + +A tenant for a term of years who has let land from a +landlord shall not let it lie waste, nor shall a landlord +attempt to oust a tenant for a term of years by fictitious +recoveries. + +When two or more hold wood, turfland, or fishing or other +such thing in common, wherein none knows his several, and +one does waste against the minds of the others, he may be +sued. + +Lands which are given to a man and his wife upon condition +that if they die without heirs, the land shall revert to the +donor or his heir, may not be alienated to defeat this +condition. + +If a man takes land in marriage with a wife, and she dies +before him, the land will revert to the donor or his heir, +unless the couple has a child, in which case the husband +will have the land by the courtesy of the nation for his +life before it reverts to the donor or his heir. + +The ecclesiastical law had a doctrine for women-covert, i.e. +women under the protection or coverture of a husband. It +held that chattels of a woman who married vested in her +husband, but he could not dispose of them by will. Her +jewelry, but not her apparel, could go to his creditors if +his assets didn't cover his debts. If she was a merchant +when she married, she could still sell her goods in the open +market. The husband also had the right to the rents and +profits from his wife's real estate, but not the real estate +itself, unless by the birth of a child he became tenant for +life by courtesy. Only the father, but not the mother had +authority over their children. A father had a right to his +child's services, and could sue a third party for abducting, +enticing away, or injuring the child, just as he could for +his servants. A husband was liable for the debts of his +wife, even if incurred before the marriage. He was +answerable for her torts and trespasses, except for battery. +For this reason, he was allowed to chastise her, restrain +her liberty for gross misbehavior, and punish her by beating +for some misdemeanors. But the courts would protect her from +death, serious bodily harm, or his failure to supply her the +necessities of life. Promises under oath were not recognized +for married women. A conveyance or agreement of a married +woman was void. These principles held only if she was under +the protection of her husband, i.e. a woman-covert, and not +if they lived separately, for instance if he went to sea. If +separated, she had a right to alimony from him to maintain +herself. + +A free tenant may alienate his land freely, but if the +alienation was for an estate in fee simple [to a man and his +heirs], the person acquiring the land would hold of the +land's lord and not of the person alienating the land. (This +halted the growth of subinfeudation and caused services as +well as incidents of aids, relief, escheat, wardship, and +marriage to go directly to the Chief Lord. It also +advantaged the Crown as overlord, which then acquired more +direct tenants.) + +One may create an estate which will descend in unbroken +succession down the line of inheritance prescribed in the +original gift as long as that line should last, instead of +descending to all heirs. This was called a fee simple +conditional holding of land. The successive occupants might +draw the rents and cut the wood, but on the death of each, +his heir would take possession of an unencumbered interest, +unfettered by any liability for the debt of his ancestor or +by any disposition made by him during his lifetime e.g. a +wife's estate in dower or a husband's estate in courtesy. If +there was no issue, it reverted to the original donor. (This +curtailed the advantage of tenants of the greater barons who +profited by increased wardships and reliefs from +subinfeudation from subdivision and better cultivation of +their land while still paying the greater barons fixed sums. +This statute that protected reversionary estates +incidentally established a system of entails. This new +manner of holding land: "fee tail", is in addition to the +concepts of land held in fee simple (i.e. with no +subdivisions) and land held for life. No grantee or his +heirs could alienate the land held in fee tail. The donor +could give directions that the land could remain to another +person rather than reverting to himself. (Interests in +remainder or reversion of estates in land replace the lord's +tenurial right to succeed to land by escheat if his tenant +dies without heirs.) + +In Kent, all men are free and may give or sell their lands +without permission of their lords, as before the Conquest. +(Since Kent was nearest the continent, money flowed between +England and the continent through Kent. So Kent never +developed a manorial system of land holding, but evolved +from a system of clans and independent villages directly +into a commercial system. + +Anyone disseising another whereby he also robs him or uses +force and arms in the disseisin shall be imprisoned and +fined. The plaintiff shall recover seisin and damages. + +"All must be ready at the command and summons of sheriffs, +and at the cry of the country, to sue and arrest felons as +necessary as well within franchise as without." Otherwise, +he shall be fined. A Lord defaulting shall lose his +franchise to the King. A Bailiff defaulting shall be +imprisoned a year as well as fined, or be imprisoned two +years if he cannot pay the fine. A sheriff, coroner, or any +other bailiff who conceals a felony will be imprisoned for a +year and pay a fine, or be imprisoned for three years if he +cannot pay the fine. + +Villeins must report felons, pursue felons, serve in the +watch, and clear growth of concealing underwood from roads. +They must join the military to fight on the borders when +called. Desertion from the army is punishable. + +Accessories to a crime shall not be declared outlaw before +the principal is proven guilty. (This made uniform the +practice of the various counties.) + +Only those imprisoned for the smaller offenses of a single +incidence of petty larceny, receipt of felons, or accessory +to a felony, or some other trespass not punishable by life +or limb shall be let out by sufficient surety. Prisoners who +were outlawed or escaped from prison or are notorious +thieves or were imprisoned for felonious house burning, +passing false money, counterfeiting the King's seal, treason +touching the king himself, or other major offenses or have +been excommunicated by the church may not be released. + +Killing in self-defense and by mischance shall be pardoned +from the King's indictment. Killing by a child or a person +of unsound mind shall be pardoned from the King's +indictment. (But a private accuser can still sue.) + +Any man who ravishes [abducts] any woman without her consent +or by force shall have the criminal penalty of loss of life +or limb. (The criminal penalty used to be just two years in +prison.) + +Trespasses in parks or ponds shall be punished by +imprisonment for three years and a fine as well as paying +damages to the wronged person. After his imprisonment, he +shall find a surety or leave the nation. + +"Forasmuch as there have been often times found in the +country devisors of tales, where discord, or occasion of +discord, has many times arisen between the King and his +people, or great men of this realm; For the damage that has +and may thereof ensue, it is commanded, that from henceforth +none be so hardy to tell or publish any false news or tales, +whereby discord or occasion of discord or slander may grow +between the King and his people, or the great men of the +realm." Anyone doing so shall be imprisoned until he brings +into the court the first author of the tale. + +A system of registration and enforcement of commercial +agreements was established by statute. Merchants could +obtain a writing of a debt sealed by the debtor and +authenticated by royal seal or a seal of a mayor of certain +towns, and kept by the creditor. Failure to pay a such a +debt was punishable by imprisonment and, after three months, +the selling of borough tenements and chattels and of county +lands. During the three months, the merchant held this +property in a new tenure of "statute merchant". (Prior to +this, it was difficult for a foreign merchant to collect a +debt because he could not appear in court which did not +recognize him as one of its proper "suitors" or +constituents, so he had to trust a local attorney. Also, the +remedy was inadequate because the history of the law of debt +was based on debt as a substitute for the blood feud, so +that failure to pay meant slavery or death. Also a debtor's +land was protected by feudal custom, which was contrary to +the idea of imposing a new tenant on a lord.) + +"In no city, borough, town, market, or fair shall a person +of the realm be distrained for a debt for which he is not +the debtor or pledge." + +Anyone making those passing with goods through their +jurisdiction answer to them in excess of their jurisdiction +shall be grievously amerced to the King. + +No market town shall take an outrageous toll contrary to the +common custom of the nation. + +Since good sterling money has been counterfeited with base +and false metal outside the nation and then brought in, +foreigners found in the nation's ports with this false money +shall forfeit their lives. Anyone bringing money into the +nation must have it examined at his port of entry. Payments +of money shall be made only by coin of the appropriate +weight delivered by the Warden of the Exchange and marked +with the King's mark. (A currency exchange was established +at Dover for the exchange of foreign currency for English +sterling.) + +The silver in craftwork must be sterling and marked with the +Leopard's Head. The gold in craftwork must meet the standard +of the Touch of Paris. + +The assize of bread and ale had been and was enforced +locally by local inspectors. Now, the Crown appointed royal +officers for the gauge of wines and measurement of cloths. +Edicts disallowed middlemen from raising prices against +consumers by such practices as forestalling [intercepting +goods before they reached the market and then reselling +them] or engrossing [buying a large supply of a commodity to +drive up the price] and price regulation was attempted. For +instance, prices were set for poultry and lamb, in a period +of plenty. Maximum prices were set for cattle, pigs, sheep, +poultry, and eggs in 1314, but these prices were hard to +enforce. In London examples of prices set are: best hen +3d.2q., best wild goose 4d., best hare 4d., best kid 10d., +best lamb 4d., best fresh herrings 12 for 1d., best pickled +herrings 20 for 1d., best haddock 2d., best fresh salmon 3s. + +Freemen may drive their swine through the King's demesne +Forest to feed in their own woods or elsewhere. No man shall +lose his life or limb for killing deer in the Forest, but +instead shall be grievously fined or imprisoned for a year. + +The Forest Charter allowed a man to cut down and take wood +from his own woods in the King's forest to repair his house, +fences, and hedges. He may also enclose his woods in the +King's forest with fences and hedges to grow new trees and +keep cattle and beasts therefrom. After seven years growth +of these new trees, he may cut them down for sale with the +King's permission. + +Each borough has its own civil and criminal ordinances and +police jurisdiction. Borough courts tended to deal with more +laws than other local courts because of the borough's denser +populations, which were composed of merchants, +manufacturers, and traders, as well as those engaged in +agriculture. Only borough courts have jurisdiction over +fairs. In some boroughs the villein who resides for a year +and a day becomes free. There are special ordinances +relating to apprentices. There are sometimes ordinances +against enticing away servants bound by agreement to serve +another. The wife who is a trader is regarded in many places +as a feme sole [single woman rather than a feme covert +[woman-covert], who was under the protection of a husband]. +There may be special ordinances as to the liability of +masters for the acts of their apprentices and agents, or as +to brokers, debt, or earnest money binding a bargain. The +criminal and police jurisdiction in the borough was +organized upon the same model as in the country at large, +and was controlled by the King's courts upon similar +principles, though there are some survivals of old rules, +such as mention of the bot and the wer. The crimes committed +are similar to those of the country, such as violence, +breaches of the assize of bread and beer, stirring up suits +before the ecclesiastical courts, digging up or obstructing +the highway, not being enrolled in a tithing, encroachments +upon or obstructions of rights of common. The most striking +difference with the country at large are the ordinances on +the repair or demolition of buildings, encroachments on +another's building, fires, and nuisances. Specimens of other +characteristic urban disputes are: selling bad food, using +bad materials, unskillful or careless workmanship, +fraudulent weights and measures, fraud in buying and +selling, forestalling or regrating [buying in one market to +resell in another market], acting in a way likely to +endanger the liberties of the borough, usury, trading +without being a citizen, assisting other unlicensed persons +to trade, unlawfully forming a guild, complaints against +various guilds in which trade might be organized. Since the +ordinances were always liable to be called in question +before the King's courts, they tended to become uniform and +in harmony with the principles of the common law. Also, +trading between boroughs kept them knowledgeable about each +other's customs and conditions for trade, which then tended +to standardize. Boroughs often had seals to prove communal +consent and tended to act as a corporate body. + +Borough ordinances often include arson such as this one: +"And if a street be set on fire by any one, his body shall +be attached and cast into the midst of the fire." Robbery by +the miller was specially treated by an ordinance that "And +if the miller be attainted [found guilty] of robbery of the +grain or of the flour to the amount of 4d., he shall be +hanged from the beam in his mill." + +In London, an ordinance prescribed for bakers for the first +offense of making false bread a forfeiture of that bread. +For the second offense was prescribed imprisonment, and for +the third offense placement in the pillory. A London +ordinance for millers who caused bread to be false +prescribed for them to be carried in a tumbrel cart through +certain streets, exposed to the derision of the people. + +By statute, no one may make a gift or alienation of land to +the church. An attempt to do so will cause the land to +escheat to the lord, or in his default, to the King. +Religious houses may not alienate land given to them by the +king or other patrons because such gifts were for the sake +of someone's soul. An attempt to do so will cause the land +to revert to the donor or his heir. If the church did not +say the prayers or do the other actions for which land was +given to it, the land will revert to the donor or his heir. +Land may not be alienated to religious bodies in such a way +that it would cease to render its due service to the King. +(The church never died, never married, and never had +children.) The church shall send no money out of the nation. +(This statute of mortmain was neutralized by collusive +lawsuits in which the intended grantor would sue the +intended grantee claiming superior title and then would +default, surrendering the land to the intended grantee by +court judgment.) + +"Concerning wrecks of the sea, where a man, a dog, or a cat +escape alive out of the ship, that such ship nor barge nor +anything within them shall be deemed wreck, but the goods +shall be saved and kept by view of the Sheriff, Coroner, or +the King's Bailiff". If anyone proves the goods were his +within a year and a day, they shall be restored to him +without delay. Otherwise, they shall be kept by the King. +"And where wreck belongs to one other than the King, he +shall have it in like manner". If he does otherwise, he +shall be imprisoned and pay damages and fine. + +Some statutes applied only to Kent County, which had a +unique position between London and the continent. One could +sell or give away his land without the consent of one's +lord. The services of the land, however, could only be sold +to the chief lord. Inheritance of land was to all sons by +equal portions, and if there were no sons, then to all +daughters in equal portions. The eldest brother has his +choice of portion, then the next oldest, etc. The goods of a +deceased person were divided into three parts after his +funeral expenses and debts were paid. One third went to the +surviving spouse. One third went to the deceased's sons and +daughters. One third could be disposed by will of the +decedent. If there were no children, one half went to the +spouse and one half went according to will. If an heir was +under 15 years old, his next of kin to whom inheritance +could not descend was to be his guardian. A wife who +remarried or bore a child lost her dower land. A husband +lost his dower if he remarried. If a tenant withheld rent or +services, his lord could seek award of court to find +distress on his tenement and if he could find none, he could +take the tenement for a year and a day in his hands without +manuring it. It the tenant paid up in this time, he got the +tenement back. If he didn't within a year and a day, +however, the lord could manure the land. A felon forfeited +his life and his goods, but not his lands or tenements. A +wife of a felon had the dower of one half or her husband's +lands and tenements. + +The common law recognized the tort of false imprisonment if +a man arrested as a felon, a person who was not a felon. + + + + + - Judicial Procedure - + +The writ of Quo Warranto [by what right] is created, by which all +landholders exercising jurisdictions must bring their ancestors' +charters before a traveling justice for the Common Pleas for +examination and interpretation as to whether they were going +beyond their charters and infringing upon the jurisdiction of the +Royal Court. As a result, many manor courts were confined to +manorial matters and could no longer view frankpledge or hear +criminal cases, which were reserved for the royal courts. In the +manor courts which retained criminal jurisdiction, there was a +reassertion of the obligation to have present a royal coroner, +whose duty it was to see that royal rights were not infringed and +that the goods of felons were given to the Crown and not kept by +the lords. + +The supreme court was the king and his council in Parliament. It +heard the most important causes, important because they concern +the king, or because they concern very great men (e.g.treason), or +because they involve grave questions of public law, or because +they are unprecedented. It has large, indefinite powers and +provides new remedies for new wrongs. The office of great +justiciar disappears and the chancellor becomes the head of the +council. After the council were the royal courts of the King's +Bench, Common Pleas, and the Exchequer, which had become separate, +each with its own justices and records. The Court of Common Pleas +had its own Chief Justice and usually met at Westminster. This +disadvantaged the small farmer, who would have to travel to +Westminster to present a case. The King's Council maintained a +close connection with the Court of the King's Bench, which heard +criminal cases and appeals from the Court of Common Pleas. It +traveled with the King. There were many trespass cases so heard by +it in the reign of Edward I. The King's Council did a great deal +of justice, for the more part criminal justice. It was supported +by the populace because it dealt promptly and summarily with +rebellion or some scandalous acquittal of a notorious criminal by +bribed or partial jurors, and thereby prevented anarchy. Its +procedure was to send for the accused and compel him to answer +upon oath written interrogatories. Affidavits were then sworn upon +both sides. With written depositions before them, the Lords of the +council, without any jury, acquit or convict. Fines and +imprisonments were meted out to rioters, conspirators, bribers, +and perjured jurors. No loss of life or limb occurred because +there had been no jury. + +In criminal cases, witnesses acquainted with particular facts were +added to the general assize of twelve men from each hundred and +four men from each town. The assize then bifurcated into the grand +jury of twelve to twenty-four men and the petty jury or jury of +verdict of twelve men, which replaced ordeal, compurgation, and +trial by combat as the method of finding the truth. The men of the +petty jury as well as those of the grand jury were expected to +know or to acquaint themselves with the facts of the cases. The +men of the petty jury tended to be the same men who were on the +grand jury. + +Felony included such crimes as homicide, arson, rape, robbery, +burglary, and larceny. Murder still meant secret homicide. +Burglary was an offense committed in times of peace and consisted +of breaking into churches, houses, and into the walls and gates of +villages and boroughs. These six offenses could be prosecuted by +indictment or private accusation by an individual. The penalties +involved loss of life or limb or outlawry; a felon's goods were +confiscated by the crown and his land was forfeited to the crown +for a year and a day, after which it escheated to the felon's +lord. The peace of the king now did not die with the king, but +renewed automatically without an interval before the inauguration +of a new king. + +Notorious felons who would not consent or put themselves on +inquests for felonies with which they were charged at royal courts +were put in strong and hard imprisonment to persuade them to +accept trial by assize. This inducement progressed into being +loaded with heavy chains and placed on the ground in the worst +part of the prison and being fed a only little water one day and a +little bread the next. Sometimes pieces of iron or stones were +placed one another onto their prone bodies to persuade them to +plead. This then developed into being loaded with as much iron as +could be borne, and finally into being pressed to death ["peine +forte et dure"]. Many of these men chose to die by this pressing +so that their families could inherit their property, which would +have been forfeited if they had been convicted of serious crimes. + +The most common cases in the Court of Common Pleas were "detinue" +[wrongful detention of a good or chattel which had been loaned, +rented, or left for safe-keeping with a "bailee", but belonged to +the plaintiff], "debt" [for money due from a sale, for money +loaned, for rent upon a lease for years, from a surety, promised +in a sealed document, or due to arbitrators to whom a dispute had +been submitted] and "account" [e.g. against bailiffs of manors, a +guardian in socage, and partners]. It also heard estovers of wood, +profit by gathering nuts, acorns, and other fruits in wood, corody +[allowance of food], yearly delivery of grain, toll, tunnage, +passage, keeping of parks, woods, forests, chases, warrens, gates, +and other bailiwicks, and offices in fee. + +The itinerant justices gradually ceased to perform administrative +duties on their journeys because landed society had objected to +their intrusiveness. Edward I substituted regular visitations of +justices of assize for the irregular journeys of the itinerant +justices. Each one of four circuits had two justices of assize. +From about 1299, these justices of assize heard cases of gaol +delivery. Their jurisdiction expanded to include serious criminal +cases and breach of the king's peace. + +Breaches of the forest charter laws were determined by justices of +the King's forest, parks, and chases, along with men of assize. + +Coroners' inquest procedures were delineated by statute and +included describing in detail in the coroner's rolls every wound +of a dead body, how many may be culpable, and people claiming to +have found treasure who might be suspects. + +The precedent for punishment for treason was established by the +conviction of a knight, David ab Gruffydd, who had turned traitor +to the Welsh enemy, after fighting with Edward and being rewarded +with land, during the conquest of Wales. He had plotted to kill +the King. He was found guilty of treason by Parliament and +condemned to be dragged at the heels of horses for being a traitor +to his knightly vows, hanged by the neck for his murders, cut down +before consciousness left him to have his entrails cut out for +committing his crimes during the holy week of Easter, and his head +cut off and his body divided into four parts for plotting against +the King's life. The head was placed on the Tower of London and +his body sections were placed in public view at various other +locations in England. This came to be known as "hanging, drawing, +and quartering". Prior to this the penalty had been imprisonment, +usually followed by ransom. + +Trial by combat is now limited to certain claims of enfeoffment of +large land holding and is barred for land held in socage, burgage, +or by marriage. Assize is the usual manner of trial, but +compurgation remains in the borough court long after it becomes +obsolete in the royal courts. Defendants no longer request assizes +but are automatically put to them. + +Numerous statutes protect the integrity of the courts and King's +offices by double and treble damages and imprisonment for offenses +such as bribery, false informers, conspiracy to falsely move or +maintain pleas, champerty [covenant between a litigant and another +for the other to have a part or profit in the award in return for +maintaining the suit], conflict of interest by court officers +taking part in a quarrel pending in court or working any fraud +whereby common right may be delayed or disturbed. There had been +many abuses, the most common of which was extortion by sheriffs, +who gaoled people without cause to make them pay to be released. +The 1275 prohibition of maintenance of a quarrel of a party in +court by a non-party was extended in 1327 to all persons, +including the king's councilors and ministers, and great men, e.g. +by sending letters. In 1346, this prohibition specifically +included prelates, earls, barons taking in hand quarrels other +than their own, or maintaining them for gift, promise, amity, +favor, doubt, or fear, in disturbance of law and hindrance of +right. The reason given was that there had been persons +disinherited, delayed or disturbed in their rights, and not guilty +persons convicted or otherwise oppressed. All great men were +required to put out of their service all maintainers who had been +retained, and void their fees and robes, without giving them aid, +favor, or comfort. This law was not obeyed. + +The king reserved to himself and his council in its judicial +capacity the correction of all breaches of the law which the lower +courts had failed to remedy, whether from weakness, partiality, +corruption, or jury timidity, and especially when the powerful +barons defied the courts. The Chancery also sought to address +causes which were impeded in their regular course, which often +involved assaults, batteries, and forcible dispossessions. + +Disputes within the royal household were administered by the +King's steward. He received and determined complaints about acts +or breaches of the peace within twelve miles around the King's +person or "verge". He was assisted by the marshall in the "court +of the hall" and by the clerk of the market when imposing fines +for trading regulation violations in the "court of the market". + +Ecclesiastical courts were successful in their competition with +the secular courts for jurisdiction over testamentary matters +[concerning wills] and succession [no will] to chattels. + +There were local courts of the vill, borough, manor, hundred, +county, sheriff, escheator, and royal bailiff, with overlapping +jurisdictions. The county court in its full session, that is, as +it attended the itinerant justices on their visitation, contained +the archbishops, bishops, priors, earls, barons, knights, and +freeholders, and from each township four men and the reeve, and +from each borough twelve burgesses. It was still the folkmote, the +general assembly of the people. In 1293, suitors who could not +spend 40s. a year within their county were not required to attend +their county court. + +The most common plea in the hundred court was trespass. It also +heard issues concerning services arising out of land, detention of +chattels, small debts, wounding or maiming of animals, and +personal assaults and brawls not amounting to felony. It met every +three weeks. The sheriff held his turn twice a year and viewed +frankpledge once a year. + +When Edward I came to the throne, over half of the approximately +600 hundred courts had gone under the jurisdiction of a private +lord owing to royal charter, prescriptive right, and usurpation. +The sheriff's powers in these hundreds varied. In some, the +sheriff had no right of entry. + +In the manor courts, actions of debt, detinue, and covenant were +frequent. Sometimes there are questions of a breach of warranty of +title in agreements of sale of land. Accusations of defamation +were frequent; this offense could not be taken to the King's +court, but it had been recognized as an offense in the Anglo-Saxon +laws. In some cases, the damages caused are specifically stated. +For instance, defamation of a lord's grain would cause other +purchasers to forbear buying it. There are frequent cases of +ordinary thefts, trespasses, and assaults. The courts did rough +but substantial justice without distinction between concepts such +as tort and contract. In fact, the action of covenant was the only +form of agreement enforceable at common law. It required a writing +under seal and awarded damages. Their law was not technical, but +elastic, and remedies could include injunctions, salary +attachment, and performance of acts. The steward holding the manor +court was often a lawyer. + +Some pleas in the manors of the abbey of Bec were: + +1. Hugh le Pee in mercy (fine, 12d.) for concealing a sheep + for half a year. Pledges, Simon of Newmere, John of Senholt + +2. William Ketelburn in mercy (fine, 13s.4d.) for divers + trespasses. Pledge, Henry Ketelburn. + +3. Hugh Derwin for pasture, 6d. Richard Hulle for divers + trespasses, 12d. Henry Stanhard for pasture, 6d. + +4. William Derwin for a trespass, 6d.; pledge, William + Sperling. + +5. Hugh Hall gives the lord 12d. that he may have the + judgment of the court as to a tenement and two acres of + land, which he demands as of right, so he says. And it being + asserted that the said land is not free[hold] let the court + say its say. And the court says that the tenement and one of + the two acres are of servile condition and that the other + acre is of free condition. The case is reserved for the + lord's presence. Pledge, John Brian. + +6. John Palmer is put in seisin of his father's tenement and + gives the lord 53s.4d. as entry money. + +7. William Ketelburn gives the lord 6s.8d. that he may be + removed from the office of reeve. Pledge, Robert Serjeant. + +8. William Frith for subtraction of work, 6d. John Reginald + for the same, 6d. John of Senholt, 12d. William Ketelburn, + 12d. + +9. For the common fine to be paid on S. Andrew's day, 100s. + +10. It is presented by the chief pledges that Godfrey + Serjeant has made default; also that John le Pee has + unlawfully thrown up a bank; therefore let it be set to + rights. + +11. Robert Smith is put in seisin of his father's tenement + and gives the lord four pounds for entry money. Pledge, + Robert Serjeant. + +12. William Ketelburn for a trespass, 13s.4d. + +13. William Fleming gives four pounds for leave to contract + [marriage] with widow Susan. Pledge, Richard Serjeant. + +14. John Mabely gives the lord 3s. to have the judgment of + twelve men as to certain land whereof Noah deforces him; + pledges, Richard Smith, Ralph Bernard. The said jurors say + that Noah the Fat has right; therefore etc. + +15. Agnes Stampelove gives the lord 2s. for leave to come + and go in the vill but to dwell outside the lord's land. + Pledge, Richard Smith. + +16. Godfrey Tailor the younger for a trespass, 2s. + +17. Whereas Godfrey Tailor the younger has demanded against + Noah a farthing land, now the action is compromised in + manner following:- -Godfrey for himself and his heirs + remises to the said Noah and his heirs all right and claim + which he has or can have in the said farthing land by reason + of the gift made by his grandfather John Tailor. + +18. Agnes Mabely is put in seisin of a farthing land which + her mother held, and gives the lord 33s.4d. for entry money. + Pledges, Noah, William Askil. + +19. The full court declares that in case any woman shall + have altogether quitted the lord's domain and shall marry a + freeman, she may return and recover whatever right and claim + she has in any land; but if she shall be joined to a serf, + then she cannot do this during the serf's lifetime, but + after his death she may. + +20. William Alice's son is put in seisin of a bakehouse in + the King's Street, and shall keep up the house at his own + cost and gives 12d. for entry money, and 10s. annual rent + payable at three terms, viz. 3s.4d. at Martinmas, 3s.4d. at + Lady Day, 3s.4d. at Christmas. Pledges, Adam Clerk, John + Deboneir. + +20. John son of Alma demands a cottage which Henry Fleming + holds and gives the lord 12d. for the oath and recognition + of 12 men; pledge, Richard Jordan. The jurors say that Henry + Fleming has the better right. + +21. Baldwin Cobbler's son finds [as pledges] Walter Cobbler, + Roger of Broadwater, Robert Linene, William Frances, that + notwithstanding his stay in London he will always make suit + with his tithing and will at no time claim any liberty + contrary to the lord's will and will come to the lord + whenever the lord wills. + +22. Simon Patrick gives the lord 12d. to have the judgment + of the court as to a cottage of which the widow of Geoffrey + Dogers deforces him; pledge, Simon of Strode. The said + jurors say that the said Simon has the better right. And the + said Simon remises and quit-claims all his right to his + sister Maud and her husband John Horin, [who] gives the lord + 10s. for entry money; pledges, Simon Patrick, John Talk. + +23. Hugh Wiking for not making suit at the lord's mill, 12d. + +24. It was presented that William Derwin and John Derwin + (fine, 12d.) committed a trespass against Agnes Dene, and + the cry was raised, therefore etc. + +25. Hugh Churchyard contracted [marriage] without the lord's + leave; [fine] 12d. + +26. Let Juliana Forester be distrained for her default, also + William Moor. + +27. John Kulbel in mercy (fine, 12d.) for not producing + Gregory Miller, and he is commanded to produce him at the + next court. + +28. Hugh Andrew's son gives the lord 4s. for leave to marry; + pledge, Robert Serjeant. + +29. Juliana Forester gives the lord 12d. in order that for + the future no occasion may be taken against her for neglect + of suit of court. + +30. John Franklain is put in seisin of his father's tenement + and gives the lord 20s. for entry; pledge, Robert Serjeant. + +31. Henry Cross gives the lord 4s. for license to marry; + pledge, Robert Serjeant. + +32. Isabella Warin gives the lord 4s. for leave to give her + daughter Mary in marriage; pledge, John Serjeant. + +33. It is presented by the whole township that Ralph le War + has disseised the lord of a moiety of a hedge, whereas it + had often been adjudged by award of the court that the said + hedge belongs as to one moiety to the lord and as to the + other to Ralph, and the said Ralph claims and takes to his + use the whole to the lord's damage etc. Also they say that + the said Ralph holds Overcolkescroft, which land by right is + the lord's. + +34. It is presented by unanimous verdict of the whole court + that if anyone marries a woman who has right in any land + according to the custom of the manor and is seised thereof + by the will of the lord, and the said woman surrenders her + right and her seisin into the hands of the lord and her + husband receives that right and seisin from the hands of the + lord, in such case the heirs of the woman are for ever + barred from the said land and the said right remains to the + husband and his heirs. Therefore let William Wood, whose + case falls under this rule, hold his land in manner + aforesaid. And for the making of this inquest the said + William gives the lord 6s.8d. + +35. The tenements of Lucy Mill are to be seized into the + lord's hands because of the adultery which she has committed + and the bailiff is to answer for them. + +The chief pledges present that Cristina daughter of Richard + Maleville has married at London without the lord's licence; + therefore let the said Richard be distrained. He has made + fine with 12d. Also that Alice Berde has done the same; + therefore let her be distrained. Also that Robert Fountain + has committed a trespass against William Gery; therefore the + said Robert is in mercy; pledge, Humfrey; fine, 6d. Also + that Richard Maleville has drawn blood from Stephen Gust; + therefore he is in mercy; fine, 2s. + +36. Geoffrey Coterel in mercy for a battery; fine, 12d.; + pledge, Adam Serjeant. 37. Geoffrey Coterel for trespass in + the hay; fine, 6d.; pledge, Alan Reaper. 38. Hugh of Senholt + in mercy for trespass in the green wood; fine, 6d. + +37. Hugh Wiking in mercy for delay in doing his works; fine, + 6d. Hugh Churchyard for trespass in [cutting] thorns; fine, + 6d. Thomas Gold in mercy for trespass in the wood; fine, + 3d.; pledge, Robert Grinder. + +38. William Dun in mercy for subtraction of his works due in + autumn; fine, 2s. Avice Isaac for the same, 6d.; Hugh Wiking + for the same, 6d.; Agnes Rede in mercy for her daughter's + trespass in the corn [grain], 6d. + +39. Walter Ash in mercy for not making suit to the lord's + mill; fine, 6d. Hugh Pinel in mercy for diverting a + watercourse to the nuisance of the neighbours; fine, 6d.; + pledge, Robert Fresel. + +40. John Dun in mercy for carrying off corn [grain] in the + autumn; pledge, Adam White. Alan Reaper gives the lord 12d. + on account of a sheep which was lost while in his custody. + +41. Adam White in mercy for bad mowing; fine, 6d. Hugh + Harding in mercy for the same; fine, 6d. + +42. The chief pledges present that Henry Blackstone (fine, + 6d.), Hugh Churchyard (fine, 18d.), Walter Ash (fine, 6d.), + Henry of Locksbarow (fine, 12d.), Avice Isaac (fine, 6d.), + Richard Matthew (fine, 6d.), Hugh Wiking (fine,--), Ralph + Dene (fine, 6d.), John Palmer (fine, 12d.), John Coterel + (fine, 6d.), John Moor (fine, 6d.), John Cubbel (fine, + 12d.), Hugh Andrew (fine, 6d.), Philip Chapman (fine, 6d.), + John Fellow (fine, 12d.), Robert Bailiff (fine, 6d.), Alice + Squire (fine, 12d.), John Grately (fine,--), Richard Hull + (fine, 6d.), Osbert Reaper (fine, 6d.), and Robert Cross + (fine, 6d.), have broken the assize of beer. Also that Henry + of Senholt, Henry Brown, Hugh Hayward, Richard Moor, Juliana + Woodward, Alice Harding, Peronel Street, Eleanor Mead make + default. Also that Walter Ash (fine,--), John Wiking + (fine,--), John Smart (fine,--), and Henry Coterel have + married themselves without the lord's licence; therefore let + them be distrained to do the will of the lord. + +43. Alan Reaper for the trespass of his foal; fine, 6d. + +44. Philip Chapman in mercy for refusing his gage to the + lord's bailiff; fine, 3d. + +45. William Ash in mercy for trespass in the growing crop; + fine, 6d. + +46. John Iremonger in mercy for contempt; fine, 6d. + +47. The chief pledges present that William of Ripley (fine, + 6d.), Walter Smith (no goods), Maud of Pasmere (fine, 6d.), + have received [strangers] contrary to the assize; therefore + they are in mercy. + +48. Maud widow of Reginald of Challow has sufficiently + proved that a certain sheep valued at 8d. is hers, and binds + herself to restore it or its price in case it shall be + demanded from her within year and day; pledges, John + Iremonger and John Robertd; and she gives the lord 3d. for + [his] custody [of it]. + +The Court of Hustings in London is empowered to award landlords +their tenements for which rent or services are in arrears if the +landlord could not distrain enough tenant possessions to cover the +arrearages. + +Wills are proven in the Court of Husting, the oldest court in +London, which went back to the times of Edward the Confessor. One +such proven will is: + +"Tour (John de La) - To Robert his eldest son his capital messuage +and wharf in the parish of Berchingechurch near the land called +'Berewardesland`. To Agnes his wife his house called +'Wyvelattestone', together with rents, reversions, etc. in the +parish of S. Dunstan towards the Tower, for life; remainder to +Stephen his son. To Peter and Edmund his sons lands and rents in +the parish of All Hallows de Berhyngechurch; remainders over in +default of heirs. To Agnes, wife of John le Keu, fishmonger, a +house situate in the same parish of Berhyng, at a peppercorn +[nominal] rent." + +The Court of the Mayor of London heard diverse cases, including +disputes over goods, faulty or substandard goods, adulteration, +selling food unfit for human consumption, enhancing the price of +goods, using unlawful weighing beams, debts, theft, distraints, +forgery, tavern brawling, bullying, and gambling. Insulting or +assaulting a city dignitary was a very serious crime; an attack on +the mayor was once capitally punished. Sacrilege, rape, and +burglary were punished by death. Apart from the death penalty, the +punishment meted out the most was public exposure in the pillory, +with some mark of ignominy slung round the neck. If the crime was +selling bad food, it was burnt under the offender's nose. If it +was sour wine, the offender was drenched in it. Standing in the +pillory for even one hour was very humiliating, and by the end of +the day, it was known throughout the city. The offender's +reputation was ruined. Some men died in the pillory of shame and +distress. A variation of the pillory was being dragged through the +streets on a hurdle. Prostitutes were carted through the streets +in coarse rough cloth hoods, with penitential crosses in their +hands. Scolds were exposed in a "thewe" for women. In more serious +cases, imprisonment for up to a year was added to the pillory. +Mutilation was rare, but there are cases of men losing their right +hands for rescuing prisoners. The death penalty was usually by +hanging. The following four London cases pertain to customs, bad +grain, surgery, and apprenticeship, respectively. + +"John le Paumer was summoned to answer Richer de Refham, Sheriff, +in a plea that, whereas the defendant and his Society of Bermen +[carriers] in the City were sworn not to carry any wine, by land +or water, for the use of citizens or others, without the Sheriff's +mark, nor lead nor cause it to be led, whereby the Sheriff might +be defrauded of his customs, nevertheless he caused four casks of +wine belonging to Ralph le Mazun of Westminster to be carried from +the City of Westminster without the Sheriff's mark, thus +defrauding the latter of his customs in contempt of the king etc. +The defendant acknowledged the trespass. Judgment that he remain +in the custody of the Sheriff till he satisfy the King and the +Court for offense." + +"Walter atte Belhaus, William atte Belhous, Robert le Barber +dwelling at Ewelleshalle, John de Lewes, Gilbert le Gras, John his +son, Roger le Mortimer, William Ballard atte Hole, Peter de +Sheperton, John Brun and the wife of Thomas the pelterer, Stephen +de Haddeham, William de Goryngg, Margery de Frydaiestrate, Mariot, +who dwells in the house of William de Harwe, and William de +Hendone were attached to answer for forestalling all kinds of +grain and exposing it, together with putrid grain, on the +pavement, for sale by the bushel, through their men and women +servants; and for buying their own grain from their own servants +in deception of the people. The defendants denied that they were +guilty and put themselves on their country. A jury of Richard de +Hockeleye and others brought in a verdict of guilty, and the +defendants were committed to prison til the next Parliament." + +"Peter the Surgeon acknowledged himself bound to Ralph de +Mortimer, by Richard atte Hill his attorney, in the sum of 20s., +payable at certain terms, the said Ralph undertaking to give Peter +a letter of acquittance [release from a debt]. This Recognizance +arose out of a covenant between them with regard to the effecting +of a cure. Both were amerced for coming to an agreement out of +Court. A precept was issued to summon all the surgeons of the City +for Friday, that an enquiry might be made as to whether the above +Peter was fitted to enjoy the profession of a surgeon." + +"Thomas de Kydemenstre, shoemaker, was summoned to answer William +de Beverlee, because he did not clothe, feed and instruct his +apprentice Thomas, William's son, but drove him away. The +defendant said that the apprentice lent his master's goods to +others and promised to restore them or their value, but went away +against his wish; and he demanded a jury. Subsequently, a jury of +William de Upton and others said the apprentice lent two pairs of +shoes belonging to his master and was told to restore them, but, +frightened by the beating which he received, ran away; further +that the master did not feed and clothe his apprentice as he +ought, being unable to do so, to the apprentice's damage 40d., but +that he was now in a position to look after his apprentice. +Thereupon Thomas de Kydemenstre said he was willing to have the +apprentice back and provide for him, and the father agreed. +Judgment that the master take back the apprentice and feed and +instruct him, or that he repay to the father, the money paid to +the latter, and that he pay the father the 40d. and be in mercy." + +A professional class of temporal attorneys whose business it is to +appear on behalf of litigants is prominent in the nation. +Attorneys are now drawn from the knightly class of landed +gentlemen, instead of ecclesiastical orders. Since it was +forbidden for ecclesiastics to act as advocates in the secular +courts, those who left the clergy to become advocates adopted a +close-fitting cap to hide their tonsures, which came to be called +a "coif". The great litigation of the nation is conducted by a +small group of men, as is indicated by the earliest Year Books of +case decisions. They sit in court and will sometimes intervene as +amicus curiae [friends of the court]. Parliament refers difficult +points of law to them as well as to the justices. These reports +became so authoritative that they could be cited in the courts as +precedent. Groups of attorneys from the countryside who are +appearing in London courts during term-time and living in +temporary lodgings start to form guild-like fellowships and buy +property where they dine and reside together, called the Inns of +Court. They begin to think of themselves as belonging to a +profession, with a feeling of responsibility for training the +novices who sat in court to learn court procedures and attorney +techniques. They invited these students to supper at the Inns of +Court for the purpose of arguing about the day's cases. The Inns +of Court evolved a scheme of legal education, which was oral and +used disputations. Thus they became educational institutions as +well as clubs for practicing attorneys. The call to the bar of an +Inn was in effect a degree. To be an attorney one had to be +educated and certified at the Inns of Court. They practice law +full time. Some are employed by the King. Justices come to be +recruited from among those who had passed their lives practicing +law in court, instead of from the ecclesiastical orders. All +attorneys were brought under the control of the justices. + +There are two types of attorney: one attorney appears in the place +of his principal, who does not appear. The appointment of this +attorney is an unusual and a solemn thing, only to be allowed on +special grounds and with the proper formalities. For instance, a +poor person may not be able to afford to travel to attend the +royal court in person. The other one is the pleader-attorney, who +accompanies his client to court and advocates his position with +his knowledge of the law and his persuasiveness. + +In 1280, the city of London made regulations for the admission of +both types of attorneys to practice before the civic courts, and +for their due control. In 1292 the king directed the justices to +provide a certain number of attorneys and apprentices to follow +the court, who should have the exclusive right of practicing +before it. This begins the process which will make the attorney +for legal business an "officer of the court" which has appointed +him. + + + + + + + - - - Chapter 9 - - - + + + + - The Times: 1348-1399 - + +Waves of the black death, named for the black spots on the body, +swept over the nation. The black blotches were caused by extensive +internal bleeding. The plague was carried in the blood of black +rats and transmitted to humans by the bite of the rat flea, but +this cause was unknown. The first wave of this plague, in 1348, +lasted for three years and desolated the nation by about one half +the population in the towns and one third in the country. People +tried to avoid the plague by flight. The agony and death of so +many good people caused some to question their belief in God. +Also, it was hard to understand why priests who fled were less +likely to die than priests who stayed with the dying to give them +the last rites. Legal and judicial, as well as other public +business, ceased for two years, interrupted by the plague. Thus +begins a long period of disorganization, unrest, and social +instability. Customary ways were so upset that authority and +tradition were no longer automatically accepted. Fields lay waste +and sheep and cattle wandered over the countryside. Local courts +could seldom be held. Some monasteries in need of cash sold +annuities to be paid in the form of food, drink, clothing, and +lodging during the annuitant's life, and sometimes that of his +widow also. Guilds and rich men made contributions to the poor and +ships with provisions were sent to various parts of the country +for the relief of starving people. In London, many tradesmen and +artisans formed parish fraternities which united people of all +social levels and women on almost equal terms with men, in +communal devotion and mutual support, such as help in resolving +disputes, moral guidance, money when needed, and burial and +masses. + +Farm workers were so rare that they were able to demand wages at +double or triple the pre-plague rate. The pre-plague had been 4d.- +6d. daily for masons, carpenters, plasterers, and tilers and 3d. +for their laborers. These laborers could buy 12 cheap loaves, 3 +gallons of ale, and a gallon of cheap wine or half a pair of +shoes. Prices did not go up nearly as much as wages. Villeins +relinquish their tenements, and deserted their manors, to get +better wages elsewhere. They became nomadic, roaming from place to +place, seeking day work for good wages where they could get it, +and resorting to thievery on the highways or beggary where they +could not. The Robin Hood legends were popular among them. In +them, Robin Hood is pure outlaw and does not contribute money to +the poor. Nor does he court Maid Marion. + +They spread political songs among each other, such as: "To seek +silver to the King, I my seed sold; wherefore my land lieth fallow +and learneth to sleep. Since they fetched my fair cattle in my +fold; when I think of my old wealth, well nigh I weep. Thus +breedeth many beggars bold; and there wakeneth in the world dismay +and woe, for as good is death anon as so for to toil." + +Groups of armed men took lands, manors, goods, and women by force. +The villeins agreed to assist each other in resisting by force +their lords' efforts to return them to servitude. A statute of +laborers passed in 1351 for wages to be set at the pre-plague +rates was ineffectual. Justices became afraid to administer the +law. Villeins, free peasants, and craftsmen joined together and +learned to use the tactics of association and strikes against +their employers. + +The office of Justice of the Peace was created for every county to +deal with rioting and vagrants. Cooperation by officials of other +counties was mandated to deal with fugitives from its justice. + +The Black Death visited again in 1361 and in 1369. The Black Death +reduced the population from about 5 million to about 2 1/2 +million. It was to rise to about 4 million by 1600. + +When there were attempts to enforce the legal servitude of the +villeins, they spread rhymes of their condition and need to +revolt. A secret league, called the "Great Society" linked the +centers of intrigue. A high poll tax, graduated from 20s. to 12d., +that was to be raised for a war with France, touched off a +spontaneous riot all over the nation in 1381. This tax included +people not taxed before, such as laborers, the village smith, and +the village tiler. Each area had its own specific grievances. +There was no common political motive, except maladministration in +general. + +In this Peasants' Revolt, mobs overran the counties around London. +The upper classes fled to the woods. Written records of the +servitude of villeins were burned in their halls, which were also +looted. Title deeds of landlords were burned. Rate rolls of +general taxation were destroyed. Prisoners were released from +gaols. Men connected with tax collection, law enforcement, +attorneys, and alien merchants were beheaded. The Chief Justice +was murdered while fleeing. The archbishop, who was a notoriously +exploitive landlord, the chancellor, and the treasurer were +murdered. Severed heads were posted on London Bridge. A mob took +control of the king's empty bedchamber in the Tower. The villeins +demanded that service to a lord be by agreement instead of by +servitude, a commutation of villein service for rents of a maximum +of 4d. per acre yearly, abolition of a lord's right for their work +on demand (e.g. just before a hail storm so only his crops were +saved), and the right to hunt and fish. The sokemen protested +having to use the lord's mill and having to attend his court. + +The revolt was suppressed and its leaders punished. The king +issued proclamations forbidding unauthorized gatherings and +ordering tenants of land to perform their customary services. The +poll tax was dropped. For the future, the duty to deal with +rioting and vagrants was given to royal justices, sheriffs, +mayors, bailiffs, and constables as well as the Justices of the +Peace. There was a high Peace in each hundred and a petty +constable in each parish. Justices of the Peace could swear in +neighbors as unpaid special constables when disorder broke out. + +The sheriff was responsible for seeing that men of the lower +classes were organized into groups of ten for police and surety +purposes, and for holding of hundred and county courts, arresting +suspects, guarding prisoners awaiting trial, carrying out the +penalties adjudged by the courts, and collecting Crown revenue +through his bailiffs. Royal writs were addressed to the sheriff. +Because many sheriffs had taken fines and ransoms for their own +use, a term limit of one year was imposed. Sheriffs, hundreders, +and bailiffs had to have lands in the same counties or bailiwicks +[so they could be held answerable to the King]. + +Efforts were made to keep laborers at the plough and cart rather +than learn a craft or entering and being educated by the church. +The new colleges at the universities ceased to accept villeins as +students. + +Due to the shortage of labor, landlords' returns had decreased +from about 20% to about 5%. But some found new methods of using +land that were more profitable than the customary services of +villeins who had holdings of land or the paid labor of practically +free men who paid a money rent for land holdings. One method was +to turn the land to sheep breeding. Others leased their demesne +land, which transferred the burden of getting laborers from the +landlord to the lessee-tenant. The payment was called a "farm" and +the tenant a "farmer". First, there were stock-and-land leases, in +which both the land and everything required to cultivate it were +let together. After 50 years, when the farmers had acquired +assets, there were pure land leases. Landlords preferred to lease +their land at will instead of for a term of years to prevent the +tenant from depleting the soil with a few richer crops during the +last years of his tenancy. The commutation of labor services into +a money payment developed into a general commutation of virtually +all services. Lords in need of money gladly sold manumissions to +their villeins. + +The lord and lady of some manors now ate with their family and +entertained guests in a private parlor [from French word 'to +speak"] or great chamber, where they could converse and which had +its own fireplace. The great chamber was usually at the dais end +of tahe great hall. The great hall had been too noisy for +conversation and now was little used. There were also separate +chambers or bed-sitting rooms for guests or members the family or +household, in which one slept, received visitors, played games, +and occasionally ate. + +Some farmers achieved enough wealth to employ others as laborers +on their farms. The laborers lived with their employer in his +barn, sleeping on hay in the loft, or in mud huts outside the +barn. The farmer's family lived at one end of the barn around an +open fire. Their possessions typically were: livestock, a chest, a +trestle table, benches, stools, an iron or bronze cauldron and +pots, brooms, wooden platters, wooden bowls, spoons, knives, +wooden or leather jugs, a salt box, straw mattresses, wool +blankets, linen towels, iron tools, and rush candles [used the +pith of a rush reed for the wick]. Those who could not afford rush +candles could get a dim light by using a little grease in a +shallow container, with a few twisted strands of linen thread +afloat in it. The peasants ate dark bread and beans and drank +water from springs. Milk and cheese were a luxury for them. Those +who could not afford bread instead ate oat cakes made of pounded +beans and bran, cheese, and cabbage. They also had leeks, onions, +and peas as vegetables. Some farmers could afford to have a wooden +four-posted bedstead, hens, geese, pigs, a couple of cows, a +couple of sheep, or two plow oxen. July was the month when the +divide between rich and poor became most apparent. The rich could +survive on the contents of their barns, but the poor tried to +survive by grinding up the coarsest of wheat bran and shrivelled +peans and beans to make some sort of bread. Grain and bread prices +soared during July. Farming still occupied the vast majority of +the population. Town inhabitants and university students went into +the fields to help with the harvest in the summer. Parliament was +suspended during the harvest. + +Town people had more wealth than country people. Most townspeople +slept in nightgowns and nightcaps in beds with mattresses, +blankets, linen sheets, and pillows. Beds were made every morning. +Bathing was by sponging hot water from a basin over the body, +sometimes with herbs in it, rinsing with a splash of warm water, +and drying off with a towel. Tubs used only for baths came into +use. There were drapery rugs hung around beds, hand-held mirrors +of glass, and salt cellars. The first meal of the day was a light +breakfast, which broke the fast that had lasted the night. Meals +were often prepared according to recipes from cook books which +involved several preparation procedures using flour, eggs, sugar, +cheese, and grated bread, rather than just simple seasoning. Menus +were put together with foods that tasted well together and served +on plates in several courses. Sheffield cutlery was world famous. +Table manners included not making sounds when eating, not playing +with one's spoon or knife, not placing one's elbows on the table, +keeping one's mouth clean with a napkin, and not being boisterous. +There were courtesies such as saying "Good Morning" when meeting +someone and not pointing one's finger at another person. King +Richard II invented the handkerchief for sneezing and blowing +one's nose. There were books on etiquette. Cats were the object of +superstition, but there was an Ancient and Honorable Order of the +Men Who Stroke Cats. + +New burgesses were recruited locally, usually from within a 20 +mile radius of town. Most of the freemen of the larger boroughs, +like Canterbury and London, came from smaller boroughs. An +incoming burgess was required to buy his right to trade either by +way of a seven year apprenticeship or by payment of an entry fee. +To qualify, he needed both a skill and social respectability. + +Towns started acquiring from the king the right to vacant sites +and other waste places, which previously was the lord's right. The +perpetuality of towns was recognized by statutes of 1391, which +compared town-held property to church-held property. The right of +London to pass ordinances was confirmed by charter. Some towns had +a town clerk, who was chief of full-time salaried officers. There +was a guildhall to maintain, a weigh-house, prison, and other +public buildings, municipal water supplies, wharves, cranes, +quays, wash-houses, and public lavatories. + +After the experience of the black death, some sanitary measures +were taken. The notorious offenders in matters of public hygiene +in the towns, such as the butchers, the fishmongers, and the +leather tanners were assigned specific localities where their +trades would do least harm. The smiths and potters were excluded +from the more densely populated areas because they were fire +risks. In the town of Salisbury, there was Butcher Row, Ox Row, +Fish Row, Ironmongers' Row, Wheelwrights' Row, Smiths' Row, Pot +Row, Silver Street, Cheese Market, and Wool Market. + +Fresh water was brought into towns by pipe or open conduit as a +public facility, in addition to having public wells. In London, a +conduit piped water underground to a lead tank, from which it was +delivered to the public by means of pipes and brass taps in the +stone framework. This was London's chief water supply. Water +carriers carried water in wooden devices on their backs to houses. +The paving and proper drainage of the streets became a town +concern. Building contracts began specifying the provision of +adequate cesspits for the privies at town houses, whether the +latrines were built into the house or as an outhouse. Also, in the +better houses, there grew a practice of carting human and animal +fecal matter at night to dung heaps outside the city walls. There +was one public latrine in each ward and about twelve dung-carts +for the whole city. Country manor houses had latrines on the +ground floor and/or the basement level. Stairwells between floors +had narrow and winding steps. + +In London, the Goldsmiths, Merchant Taylors [Tailors], Skinners, +and Girdlers bought royal charters, which recognized their power +of self-government as a company and their power to enforce their +standards, perhaps throughout the country. The Goldsmiths, the +Mercers, and the Saddlers became the first guilds to receive, in +1394-5, charters of incorporation, which gave them perpetual +existence. As such they could hold land in "mortmain" [dead hand], +thus depriving the king of rights that came to him on the death of +a tenant-in-chief. They were authorized to bestow livery on their +members and were called Livery Companies. The liverymen [freemen] +of the trading companies elected London's representatives to +Parliament. + +In all towns, the organization of craft associations spread +rapidly downwards through the trades and sought self-government. +Craft guilds were gaining much power relative to the old merchant +guilds in governing the towns. The greater crafts such as the +fishmongers, skinners, and the corders (made rope, canvas, and +pitch) organized and ultimately were recognized by town +authorities as self-governing craft guilds. The building trade +guilds such as the tilers, carpenters, masons, and joiners, became +important. Masons were still itinerant, going to sites of +churches, public buildings, or commanded by the king to work on +castles. The guild was not necessarily associated with a specific +product. For instance, a saddle and bridle were the result of work +of four crafts: joiner (woodworker), painter, saddler (leather), +and lorimer (metal trappings). + +In London in 1392 craft guilds included: baker, fishmonger (cut up +and sold fish), fruiterer, brewer, butcher, bird dealer, cook, +apothecary (sold potions he had ground up), cutler (made knives +and spoons), barber, tailor, shoemaker, glover (made gloves), +skinner (sold furs), girdler (made girdles of cloth to wear around +one's waist), pouchmaker, armorer, sheathmaker, weaver, fuller, +painter, carpenter, joiner (woodworker who finished interior +woodwork such as doors and made furniture), tiler, mason (cut +stone for buildings), smith (made metal tools for stonemasons and +builders), tallow chandler (made candles and sometimes soap from +the fat and grease the housewife supplied), wax chandler (made +candles), stirrup maker, spurrier (made spurs), and hosteler +(innkeeper). However, the merchant guilds of the goldsmiths, +vintners (sold wine), mercers (sold cloth), grocers, and drapers +(finished and sold English cloth) were still strong. It was a long +custom in London that freemen in one company could practice the +trade of another company. There were paint mills and saw mills +replacing human labor. There were apothecary shops and women +surgeons. Women who earned their own living by spinning were +called "spinsters". + +Some prices in London were: a hen pastry 5d., a capon pastry 8d., +a roast pheasant 13d., a roast heron 18d., roast goose 7d., a hen +4d., a capon 6d., three roast thrushes 2d., ten larks 3d., ten +finches 1d, and ten cooked eggs 1d. + +Many of the guilds bought sites on which they built a chapel, +which was later used as a secular meeting place. The guild +officers commonly included an alderman, stewards, a dean, and a +clerk, who were elected. The guild officers sat as a guild court +to determine discipline for offences such as false weights or +measures or false workmanship or work and decided trade disputes. +The brethren in guild fraternity were classified as masters, +journeymen, or apprentices. They were expected to contribute to +the support of the sick and impoverished in their fellowship. +Their code required social action such as ostracizing a man of the +craft who was living in adultery until he mended his ways. + +The rules of the Company of Glovers were: + +1. None but a freeman of the city shall make or sell gloves. + +2. No glover may be admitted to the freedom of the city unless + with the assent of the wardens of the trade. + +3. No one shall entice away the servant of another. + +4. If a servant in the trade makes away with his master's + chattels to the value of 12d., the wardens shall make good + the loss; and if the servant refuses to be judged by the + wardens, he shall be taken before the mayor and aldermen. + +5. No one may sell his goods by candle-light. + +6. Any false work found shall be taken before the mayor and + aldermen by the wardens. + +7. All things touching the trade within the city between those who + are not freemen shall be forfeited. + +8. Journeymen shall be paid their present rate of wages. + +9. Persons who entice away journeymen glovers to make gloves in + their own houses shall be brought before the mayor and aldermen. + +10. Any one of the trade who refuses to obey these regulations + shall be brought before the mayor and aldermen. + +Cordwainers [workers in soft cordovan leather from Spain, +especially shoes] of good repute petitioned the city of London in +1375 for ordinances on their trade as follows: + +"To the mayor and aldermen of the city of London pray the good +folks of the trade of cordwainers of the same city, that it may +please you to grant unto them the articles that follow, for the +profit of the common people; that so, what is good and right may +be done unto all manner of folks, for saving the honor of the city +and lawfully governing the said trade. + +In the first place - that if any one of the trade shall sell to +any person shoes of bazen [sheep-skin tanned in oak or larch-bark] +as being cordwain, or of calf-leather for ox-leather, in deceit of +the common people, and to the scandal of the trade, he shall pay +to the Chamber of the Guildhall, the first time that he shall be +convicted thereof, forty pence; the second time, 7s. half a mark; +and the third time the same, and further, at the discretion of the +mayor and aldermen. + +Also - that no one of the trade shall keep house within the +franchise if he be not free [invested with the rights or +privileges] of the city and one knowing his trade, and that no one +shall be admitted to the freedom without the presence of the +wardens of the trade bearing witness to his standing, on the pain +aforesaid. + +Also - if any one of the trade shall be found offending touching +the trade, or rebellious against the wardens thereof, such person +shall not make complaint to any one of another trade, by reason of +the discord or dissension that may have arisen between them; but +he shall be ruled by the good folks of his own trade. And if he +shall differ from them as acting against right, then let the +offense be adjudged upon before the mayor and aldermen; and if he +be found rebellious against the ordinance, let him pay to the +Chamber the sum above mentioned. + +Also - that no one of the trade shall entice or purloin the +servant of another from the service of his master by paying him +more than is ordained by the trade, on the pain aforesaid. + +Also - that no one shall carry out of his house any wares +connected with his trade for sale in market or elsewhere except +only at a certain place situated between Soperesland and the +Conduit; and that at a certain time of the day, that is to say, +between prime [the first hour of the day] and noon. And that no +shoes shall exceed the measure of seven inches, so that the wares +may be surveyed by the good folks of the trade, because of the +deceit upon the common people that might ensue and the scandal of +the trade, on the pain aforesaid. + +Also - that no one shall expose his wares openly for sale in +market on Sundays at any place, but only within his own dwelling +to serve the common people, on the pain aforesaid. + +Also - that if any one sells old shoes, he shall not mix new shoes +among the old in deceit of the common people and to the scandal of +the trade, on the pain aforesaid." + +Smithfield was a field outside the city gates at which horses were +sold and raced. In 1372, the horsedealers and drovers petitioned +for a tax on animals sold there to pay for cleaning the field. The +city ordinance reads as follows: "On Wednesday next after the +Feast of St. Margaret the Virgin came reputable men, the +horsedealers and drovers, and delivered unto the mayor and +aldermen a certain petition in these words: 'To the mayor, +recorder, and aldermen show the dealers of Smithfield, that is to +say, the coursers and drovers, that for the amendment of the said +field they have granted and assented among them that for the term +of three years next ensuing after the date of this petition for +every horse sold in the said field there shall be paid one penny, +for every ox and cow one half-penny, for every eight sheep one +penny, and for every swine one penny by the seller and the same by +the purchaser who buys the same for resale.` Afterwards, on the +eleventh day of August in the same year, Adam Fernham, keeper of +the gaol at Newgate, Hugh, Averelle, bailiff of Smithfield, and +William Godhewe, weaver, were chosen and sworn faithfully to +collect and receive the said pennies in form aforesaid and to +clean the field of Smithfield from time to time during such term +of three years when necessary." + +Many London houses were being made from stone and timber and even +brick and timber, instead of just timber and mud. However, +chimneys were still a luxury of the rich. They were made of stone, +tile, or plaster. There were windows of glass and a guild of +glaziers was chartered by the King. A typical merchant's house had +a cellar; a ground floor with a shop and storage space; a first +floor with a parlor to receive guests, a spacious hall for dining, +and perhaps a kitchen; and at the top, a large family bedroom and +a servant's room. Many single-roomed houses added a second-floor +room for sleeping, which was approached by a wooden or stone +staircase from the outside. Their goods were displayed on a booth +outside the door of the house or hung in the windows. They were +stored at night in the cellar. Over the booths swung huge signs, +which had to be nine feet above street level to allow a man on +horseback to ride underneath. There were no sidewalks. Street +repair work for wages was supervised by a stone master. The +streets sloped down from the middle so that the filth of the +streets would run down the sides of the road. There were many wood +chips in the streets due to cutting up of firewood before taking +it indoors. People often threw the rubbish from their houses onto +the street although they were supposed to cart it outside the city +walls and to clean the frontage of their houses once a week. +Dustmen scavenged through the rubbish on the streets. Pigs and +geese were not longer allowed to run at large in the streets, but +had to be fed at home. There were other city rules on building, +public order, the use of fountains, precautions against fire, +trading rights in various districts, closing time of taverns, and +when refuse could be thrown into the streets, e.g. nighttime. + +Aldermen were constantly making rounds to test measures and +weights, wine cups, the height of tavern signs, and the mesh of +the fishing nets, which had to be at least two inches wide. They +saw that the taverns were shut when curfew was rung and arrested +anyone on the street after curfew who had a weapon, for no one +with a sword was allowed on the streets unless he was some great +lord or other substantial person of good reputation. Wards +provided citizens to guard the gates in their respective +neighborhood and keep its key. + +The city was so dense that nuisance was a common action brought in +court, for instance, vegetable vendors near a church obstructing +passageway on the street or plumbers melting their solder with a +lower than usual shaft of the furnace so smoke was inhaled by +people nearby. + +Crime in London was rare. Murder, burglary, highway robbery, and +gross theft were punishable by hanging. Forgery, fraud, was +punishable by the placement in the pillory or stocks or by +imprisonment. Perjury was punished by confession from a high stool +for the first offense, and the pillory for the second. Slander and +telling lies were punished by the pillory and wearing a whetstone +around one's neck. There was an ordinance passed against +prostitutes in 1351. London as well as other port towns had not +only prostitutes, but syphillus. + +Prominent Londoners sought to elevate their social position by +having their family marry into rural landholders of position. For +poor boys with talent, the main routes for advancement were the +church, the law, and positions in great households. + +Many master freemasons, who carved freestone or finely grained +sandstone and limestone artistically with mallet and chisel, left +the country for better wages after their wages were fixed by +statute. The curvilinear gothic style of architecture was replaced +by the perpendicular style, which was simpler and cheaper to +build. Church steeples now had clocks on them with dials and hands +to supplement the church bell ringing on the hour. Alabaster was +often used for sepulchral monuments instead of metal or stone. +With it, closer portraiture could be achieved. + +In the 1300s and 1400s the London population suffered from +tuberculosis, typhus, influenza, leprosy, dysentery, smallpox, +diphtheria, measles, heart disease, fevers, coughs, cramps, +catarrhs and cataracts, scabs, boils, tumors, and "burning agues". +There were also many deaths by fires, burning by candles near +straw beds when drunk, falling downstairs when drunk, and drowning +in the river or wells. Children were often crushed by carts, +trampled by horses, or mauled by pigs. Towns recognized surgery as +a livelihood subject to admission and oath to serve the social +good. Master surgeons were admitted to practice in 1369 in London +in full husting before the mayor and the aldermen and swore to: +faithfully serve the people in undertaking their cures, take +reasonably from them, faithfully follow their calling, present to +the said mayor and aldermen the defaults of others undertaking, so +often as should be necessary; to be ready, at all times when they +should be warned, to attend the maimed or wounded and others, to +give truthful information to the officers of the city as to such +maimed, wounded, or others whether they be in peril of death or +not, and to faithfully do all other things touching their calling. + +Some young girls of good families were boarded at nunneries to be +taught there. Some upper class widows retired there. Only women +were allowed to be present at a birth, at which they spread the +knowledge of midwifery. As usual, many women died giving birth. +Various ways to prevent pregnancy were tried. It was believed that +a baby grew from a seed of the father planted in the woman's body. + +Infant mortality was especially high in boroughs and burgess +family lines usually died out. A three-generation family span was +exceptional in the towns, despite family wealth. + +Children's sweets included gingerbread and peppermint drops. After +the plague, gentlemen no longer had their children learn to speak +Norman. The grammar schools taught in English instead of Norman as +of 1362. Bishops began to preach in English. English became the +official language of Parliament, in 1363, and the courts, +replacing Norman and Latin. + +A will in 1389 in which a wealthy citizen arranges for one son to +become a attorney and the other a merchant: "Will of William de +Tonge, citizen of London: One hundred marks [1,333s.] each to my +two sons. And I will that my said two sons shall live upon the +profits of the money bequeathed to them above until the age of +twenty years. And if my said two sons be well learned in grammar +and adorned with good manners, which shall be known at the end of +twenty years, and the elder son wish to practice common law, and +if it is known that he would spend his time well in that faculty, +I will that over and above the profit of the said one hundred +marks he shall have yearly from my rents for the term of seven +years five marks [67s.]. And if he should waste his time +aforesaid, or if he should marry foolishly and unsuitably, I will +that he receive nothing more of the said five marks. + +And if younger son wishes to attend the University of Oxford or to +establish himself well in the mystery of a merchant after the age +of twenty years, and [if] there be knowledge of his praiseworthy +progress in his faculty or his carefulness in trading ... I will +that he shall receive five marks yearly in the manner described +above for his maintenance, over and above the profit of the said +one hundred marks to him bequeathed, for the space of seven years; +and if he behave himself otherwise, I will that thereupon he be +excluded from the said five marks. And in case the said bequest of +200 marks [2,667s.] to him and his brother shall be annulled so +that he shall have nothing therefrom ... then the said 200 marks +shall be spent upon all the yearly chaplains who can be had to +celebrate divine service in the church of All Hallows for my +soul." + +England was still an agricultural rather than a manufacturing +country. Imported were cloth, silks, linen, velvets, furs, glass, +wines, candles, millstones, amber, iron, and mercury. Exported +were wool, leather, lead, tin, and alabaster for sculpturing. +Merchant adventurers came to manufacture cloth good enough for +export and began to buy up raw wool in such quantity that its +export declined. They took their cloth abroad to sell, personally +or by agents. + +An Oxford theologian and preacher, John Wyclif, voiced the popular +resentment of the materialism of the church, benefit of clergy, +immorality of priests, and the selling of indulgences and pardons. +Encouraged by the king, he argued against the supremacy of the +papal law over the King's courts and against payments to the +papacy. He opined that the church had no power to excommunicate. +The friars had become mere beggars and the church was still +wealthy. He proposed that all goods should be held in common by +the righteous and that the church should hold no property but be +entirely spiritual. He believed that people should rely on their +individual consciences. He thought that the Bible should be +available to people who could read English so that the people +could have a direct access to God without priests or the pope. +Towards this end, he translated it from Latin into English in +1384. His preachers spread his views throughout the country. The +church then possessed about one-third of the land of the nation. + +William of Ockham, an Englishman educated at Oxford and teaching +theology in Paris, taught that the primary form of knowledge came +from experience gained through the senses and that God might cause +a person to think that he has intuitive knowledge of an existent +object when there is in fact no such object. + +Most great lords were literate. Many stories described good men, +who set an example to be followed, and bad men, whose habits were +to be avoided. Stories were written about pilgrimage vacations of +ordinary people to religious sites in England. Will Langland's +poem "The Vision of William Concerning Piers Plowman" portrays a +pilgrimage of common people to the shrine of Truth led by a +virtuous laborer. Mystics wrote practical advice with +transcendental teaching, for instance "Scale of Perfection" +attributed to Walter Hilton and "Cloud of Unknowing". Richard +Rolle wrote about spiritual matters, probably the "Prick of +Conscience". Richard de Bury wrote "Philobiblon" about book +lovers. Jean Froissart wrote the "Chronicles" on knights. Courtly +ideals were expressed in "Sir Gawaine and the Grene Knyght", +wherein the adventures of the hero, an Arthur knight, are +allegorical in the struggle against the world, the flesh, and the +devil (1370). "Pearl" eulogized all that is pure and innocent on +the event of the death of a two year old child. + +Geoffrey Chaucer was a squire and diplomat of the king. His "Tales +of the Canterbury Pilgrims" portrayed characters of every social +class, including the knight with his squire, abbot, prioress, nun, +priest, monk, friar, poor parson of the country, summoner (who +enforced the jurisdiction and levied the dues of the church +courts), pardoner (sold pardons from the pope), scholar, attorney, +doctor, merchant, sailor, franklin, yeoman, haberdasher, tapestry- +maker, ploughman, cook, weaver, dyer, upholsterer, miller, reeve, +carpenter. + +There were Chaucer stories about a beautiful and virtuous wife +disliked by her mother-in-law, the difficulty of marriage between +people of different religions, the hatred of a poor person by his +brother and his neighbor, rich merchants who visited other +kingdoms, the importance of a man himself following the rules he +sets for other people's behavior, the spite of a man for a woman +who rejected him, the relative lack of enthusiasm of a wife for +sex as compared to her husband, a mother giving up her own comfort +for that of her child, the revenge killing of a murderer by the +dead man's friends, the joy of seeing a loved one after years of +separation, that life is more sad than happy, that lost money can +be retrieved, but time lost is lost forever. + +Other stories in the Canterbury Tales were about two men who did +not remain friends after they fell in love with the same woman, +about a child who preferred to learn from an older child than from +his school-teacher, about a wife who convinced her husband not to +avenge her beating for the sake of peace, about a man who woke up +from bad dreams full of fear, about a man wanting to marry a +beautiful woman but later realizing a plain wife would not be +pursued by other men, about a man who drank so much wine that he +lost his mental and physical powers, about a woman who married for +money instead of love, about a man who said something in +frustration which he didn't mean, about a person brought up in +poverty who endured adversity better than one brought up in +wealth, about a wife who was loving and wise, about a good +marriage being more valuable than money, about a virgin who +committed suicide rather than be raped, about a wife persuaded to +adultery by a man who said he would otherwise kill himself, about +three men who found a pile of gold and murdered each other to take +it all, about an angry man who wanted to kill, about a malicious +man who had joy in seeing other men in trouble and misfortune, +about a man whose face turned red in shame, about a wife expecting +to have half of what her husband owned. Paper supplemented +parchment, so there were more books. + +Political songs and poems were written about the evil times of +King Edward II, the military triumphs of King Edward III, and the +complaints of the poor against their oppressors, such as "Song of +the Husbandman". John Gower wrote moralizing poems on the +villein's revolt, the sins of the clergy and attorneys, and the +bad rule of King Richard II, who in 1377 succeeded Edward III. +Robin Hood ballads were popular. The minstrel, who was a honorable +person, replaced the troubadour of older times. + +There were many colleges at Oxford and Cambridge due to the +prohibition of gifts to the church. Laymen instead of +ecclesiastics were appointed as Chancellor. The Masters at Oxford +got rid of ecclesiastical supervision by a bishop and archdeacon +by 1368. One could be admitted as a student at age thirteen. The +rate of maintenance for a student was 10d. weekly. + +A Bachelor of Arts degree was granted after four years of study +and an oral exam. Required reading in 1340 for the Bachelor's +Degree was the new logic of Aristotle ("Prior and Posterior +Analytics" e.g. on syllogistic logic and deduction, the "Topics", +or the "Sophistical Refutations", e.g. logical fallacies such as +from 'All A are B' to 'All B are A'), and a selection from these +Aristotle works on physics: "Of Heaven and Earth", "On the Soul", +"Of meteors", "Of Birth and Decay", or "Of Feeling and What is +Felt" with "Of Memory and Recollection" and "Of Sleep and Waking", +or "Of the Movement of Animals" with "Of Minor Points in Natural +History". + +A Master of Arts degree could be awarded after three more years of +study and teaching. A Doctorate degrees in theology required ten +more years of study. A Doctorate in civil or canon law required +eight more years. A man with a degree in canon law who wanted to +practice in a certain bishop's court had to first satisfy this +bishop of his competence. + +Another source of legal learning was in London, where the guilds +gave rise to the Inns of Court. They used the Register of Writs, +the case law of the Year Books, and disputation to teach their +students. + +For a doctorate in medicine from Oxford or Cambridge, five more +years plus two years of practice were required. Surgery was not +taught because it was considered manual labor, and there was some +feeling that it was a sacrilege and dishonorable. Urinalysis and +pulse beat were used for diagnosis. Epilepsy and apoplexy were +understood as spasms inside the head. It was known what substances +served as laxatives and diuretics. Teeth were extracted, eye +cataracts were removed with a silver needle, and skin from the arm +was grafted onto a mutilated face. + +Englishmen who had collected books on philosophy, medicine, +astronomy, and history and literature books from the continent +gave their collections to the universities, which started their +libraries. Marco Polo's discoveries on his journey to China were +known. + +The requirements of elementary and higher studies were adjusted in +1393 and began the public school system. William of Wykeham's +school, St. Mary College of Winchester in Oxford was the +prototype. The curriculum was civil law, canon law, medicine, with +astronomical instruments that students made, theology, and the +arts. The arts textbooks were still grammar, logic, Donatus, and +Aristotle. Many laymen were literate, for instance country gentry, +merchants, and craftsmen. Laymen instead of clerics were now +appointed to the great offices of state. + +Parliament met about twice a year and lasted from two weeks to +several months. There was a well-defined group of about fifty +barons and a few spiritual peers who were always summoned to +Parliament and who composed a House of Lords. "Peer" now meant a +member of the House of Lords. All peers had the right to approach +the king with advice. The baron peers reasoned that the custom of +regular attendance was a right that should be inherited by the +eldest son, or by a female heir, if there were no male heirs. +However, the theory of nobility by blood as conveying political +privilege had no legal recognition. No female could attend +Parliament; the husband of a baronness attended Parliament in her +stead. Edward III and Richard II created new peers with various +titles of dignity, such as duke and marquess, which were above +barons and earls. The dukes and marquesses were identified with a +territorial designation such as an English county or county town. +Whenever a Parliament was assembled the commons were present. The +commons was composed of representatives from 100 boroughs and 37 +counties. Each new Parliament required an election of +representatives. The members of the commons were generally the +most prominent and powerful economic and political figures of the +county and were repeatedly re-elected. The electors were usually +influenced by the sheriff or a powerful lord who suggested +suitable men. The wealthy merchants typically represented the +boroughs and paid much of the taxes. Under Edward III, the commons +took a leading part in the granting of taxes and the presentation +of petitions and became a permanent and distinct body, the House +of Commons, with a spokesman or "speaker", chosen by the Crown, +and a clerk. The speaker came to be an intermediary between the +Commons and the king and between the Commons and the Lords. A +clerk of Parliament registered its acts and sat with the Lords. A +clerk of the Crown superintended the issue of writs and the +receipt of the returns and attested the signature of the king on +statutes. It became a regular practice for the Chancellor to open +Parliament with an opportunity to present petitions after his +opening speech. The king then referred them to certain peers and +justices, who decided to which court, or Parliament, they should +be sent. During the 1300s, the number of barons going to +Parliament gradually decreased. + +At the 1376 Parliament, ("the Good Parliament") the Commons, which +formerly had only consented to taxes, took political action by +complaining that the King's councilors had grown rich by war +profiteering at the cost of impoverishing the nation and the +people were too poor to endure any more taxation for the war and +held a hearing on financial malfeasance and dishonesty of two +ministers. The chamberlain had extorted enormous sums, had +intercepted fines meant for the king's treasury, and had sold a +castle to the enemy. The steward had bought debts of the king's. +The House of Lords, the High Court of Parliament, found the +charges proved and dismissed them permanently from office. This +established the constitutional means for impeachment and +prosecution by the Commons and removal by the House of Lords of +ministers. By this process, there could be no royal intimidation, +as there could be in the ordinary courts. The Commons demanded +that its members be elected by county citizens rather than +appointed by the sheriff. + +The roles of Parliament and the King's council are starting to +differentiate into legislative and executive, respectively. The +legislative function is law-making and the executive is +regulation-making that refines and effectuates the laws of +Parliament. But the legislative, executive, and judicial +authorities have not as yet become so completely separated that +they cannot on occasion work together. + +Sheriffs dealt directly with the king instead of through an earl. + +From 1150 to 1400, resistance was an ordinary remedy for political +disagreements. If a popular leader raised his standard in a +popular cause, an irregular army could be assembled in a day. +(There was no regular army, since England was protected by the sea +from invasion.) So misgovernment by a king would be quickly +restrained. Society recovered quickly from conflict and civil war +because the national wealth consisted chiefly in flocks and herds +and in the simple buildings inhabited by the people. In a week +after armed resistance, the agricultural worker was driving his +team. There was little furniture, stock of shops, manufactured +goods, or machinery that could be destroyed. + +To support a war with France in 1353, the staple was reinstated by +statute of 1353 after an experiment without it in which profits of +a staple went to staples outside the nation. Wool exports were +inspected for quality and taxed through his officials only at the +designated staple ports. These officials included collectors, +controllers, searchers [inspectors], surveyors, clerks, weighers, +and crane-keepers. Wool, woolfells, leather, and lead sold for +export had to go through the staple town. The penalty was +forfeiture of lands, tenements, goods, and chattel. (The staple +statute remained basically unchanged for the next 200 years.) The +mayor and constables of the staple were elected annually by the +native and foreign merchants of the place. The mayor gave validity +to contracts for a set fee, by seal of his office. He and the +constables had jurisdiction over all persons and things touching +the staple, which was regulated by the Law Merchant in all matters +of contract, covenant, debt, and felonies against foreign +merchants. A hue and cry was required to be raised and followed +for anyone taking a cart of merchandise or slaying a merchant, +denizen [resident alien] or alien, or the town would answer for +the robbery and damage done. In 1363, Calais, a continental town +held by the English, became the staple town for lead, tin, cloth, +and wool and was placed under a group of London capitalists: the +Merchants of the Staple. All exports of these had to pass through +Calais, where customs tax was collected. + +Guns and cannon were common by 1372. In the 1300s and 1400s, the +king relied on mercenaries hired directly or by contract with his +great nobles for foreign wars. The King reimbursed the contractors +with the profits of war, such as the ransoms paid by the families +of rich prisoners. The fighting men supplemented their pay by +plunder. Featherbeds and blooded horses were favorite spoils of +war brought back to England from the continent. As new techniques +with footmen came into being, the footmen became the core of the +army and the knightly abilities of the feudal tenants-in-chief +became less valuable. + +Many lords got men to fight with them by livery and maintenance +employment agreements such as this one of 1374: "Bordeaux, +February 15. This indenture, made between our lord King John [of +Gaunt, of Castile, etc.] of the one part and Symkyn Molyneux, +esquire, of the other part, witnesses that the said Symkyn is +retained and will remain with our said lord for peace and for war +for the term of his life, as follows: that is to say, the said +Symkyn shall be bound to serve our said lord as well in time of +peace as of war in whatsoever parts it shall please our said lord, +well and fitly arrayed. And he shall be boarded as well in time of +peace as of war. And he shall take for his fees by the year, as +well in time of peace as of war, ten marks sterling [133s.] from +the issues of the Duchy of Lancaster by the hands of the receiver +there who now is or shall be in time to come, at the terms of +Easter and Michaelmas by even portions yearly for the whole of his +life. And, moreover, our lord has granted to him by the year in +time of war five marks sterling [67s.] by the hands of the +treasurer of war for the time being. And his year of war shall +begin the day when he shall move from his inn towards our said +lord by letters which shall be sent to him thereof, and +thenceforward he shall take wages coming and returning by +reasonable daily [payments] and he shall have fitting freightage +for him, his men, horses, and other harness within reason, and in +respect of his war horses taken and lost in the service of our +said lord, and also in respect to prisoners and other profits of +war taken or gained by him or any of his men, the said our lord +will do to him as to other squires of his rank." + +Forecastles and stern castles on ships were lower and broader. +Underneath them were cabins. The English ship was still single +masted with a single square sail. A fleet was formed with over 200 +ships selected by the English admirals acting for the king at the +ports. Men were seized and pressed into service and criminals were +pardoned from crimes to become sailors in the fleet, which was led +by the King's ship. They used the superior longbow against the +French sailor's crossbow. In 1372, the Tower of London had four +mounted fortress cannon and the port of Dover had six. + +The war's disruption of shipping caused trade to decline. But the +better policing of the narrow seas made piracy almost disappear. + +English merchants may carry their merchandise in foreign ships if +there are no English ships available. + +Anyone may ship or carry grain out of the nation, except to +enemies, after paying duties. But the council may restrain this +passage when necessary for the good of the nation. Any merchant, +privy or stranger, who was robbed of goods on the sea or lost his +ship by tempest or other misfortune on the sea banks, his goods +coming to shore could not be declared Wreck, but were to be +delivered to the merchant after he proves ownership in court by +his marks on the goods or by good and lawful merchants. + +All stakes and obstacles set up in rivers impeding the passage of +boats shall be removed. + +Waterpower was replacing foot power in driving the mills where +cloth was cleaned and fulled. + +A boundary dispute between two barons resulted in the first true +survey map. Nine cow pastures were divided by a boundary marked by +a shield on a pole which the commission of true and sworn men had +set up. + +King Richard II, an irresponsible sovereign, asserted an absolute +supremacy of the king over Parliament and declared certain +statutes which he claimed to have been forced on him to be +revoked. He interfered with county elections of knights to +Parliament by directing sheriffs to return certain named persons. +He wanted to dispense altogether with Parliament and instead have +a committee of representatives. He claimed that the goods of his +subjects were his own and illegally taxed the counties. There were +many disputes as to who should be his ministers. High treason was +extended to include making a riot and rumor, compassing or +purposing to depose the King, revoking one's homage or liege to +the King, or attempting to repeal a statute. When Henry +Bolingbroke reported to Parliament that another lord had cast +doubt on the king's trustworthiness, a duel between them was +arranged. But Richard, probably fearing the gain of power of the +lord who won, instead exiled the two lords. He took possession of +the Lancaster estates to which Henry was heir and forbade this +inheritance. This made all propertied men anxious and they united +behind Bolingbroke in taking up arms against Richard. Richard was +not a warrior king and offered to resign the crown. The "Merciless +Parliament" of 1388 swept out Richard's friends. Parliament +deposed and imprisoned Richard. It revoked the extensions to the +definition of high treason. It elected Bolingbroke, who claimed to +be a descendant of Henry III, to be King Henry IV. This action +established clearly that royal decrees were subordinate to +parliamentary statutes, that Parliament was the ultimate legal +arbiter of the realm, and that the consent of Parliament was +necessary in determining kingship. The House of Commons became +very powerful. It was responsible for the major part of +legislation. It's members began to assert the privilege of free +speech. That is, they wanted to discuss other matters than what +was on the king's agenda and they opposed punishment for what they +said unless it was treasonable. Henry IV agreed to their request +not to consider reports of proceedings unless they came to him +through official channels. + + + + - The Law - + +After the Black Death of 1348 these statutes were enacted: + +High treason was defined by statute in 1352 as levying war against +the King, aiding the King's enemies, compassing or imagining the +death of the King, Queen, or their eldest son and heir, or +violating the Queen or the eldest unmarried daughter or the wife +of the King's eldest son and heir; making or knowingly using +counterfeits of the King's great or privy seal or coinage; or +slaying the Chancellor, Treasurer, or any justice in the exercise +of their duty. The penalty was forfeit of life and lands. + +Petit treason was defined by statute and included a servant +slaying his master, a wife her husband, or a man his lord, to whom +was owed faith and obedience. + +No one shall tell false news or lies about prelates, dukes, earls, +barons, and other nobles and great men or the Chancellor, +Treasurer, a Justice, Clerk of the Privy Seal, Steward of the +King's house whereby debates and discords might arise between +these lords or between the lords and the commons. Cases shall be +tried by the King's Council, which included the Chancellor, +Treasurer, and chief justices. + +Preachers drawing crowds by ingenious sermons and inciting them to +riot shall be arrested by sheriffs and tried by the ecclesiastical +court. + +Any stranger passing at night of whom any have suspicion shall be +arrested and taken to the Sheriff. + +No man shall ride with a spear, upon pain of forfeiting it. + +No servant of agriculture or laborer shall carry any sword or +dagger, or forfeit it, except in time of war in defense of the +nation. He may carry bow and arrow [for practice] on Sundays and +holy days, when he should not play games such as tennis, football, +or dice. + +No one may enter another's land and tenements by strong hand nor +with a mob, upon pain of imprisonment and ransom at the King's +will. + +Charters, releases, obligations, [quit-claim deeds] and other +deeds burnt or destroyed in uprisings shall be reissued without +fee, after trial by the king and his council. Manumissions, +obligations, releases and other bonds and feoffments in land made +by force, coercion or duress during mob uprisings are void. + +Men who rape and women consenting after a rape shall lose their +inheritance and dower and joint feoffments. The husbands, or +father or next of kin of such women may sue the rapist by +inquisition, but not by trial by combat. The penalty is loss of +life and member. + +The Statute of Laborers of 1351 required all workers, from tailors +to ploughmen, to work only at pre-plague wage rates and forced the +vagrant peasant to work for anyone who claimed him or her. It also +encouraged longer terms of employment as in the past rather than +for a day at a time. Statutory price controls on food limited +profits to reasonable ones according to the distance of the +supply. Later, wages were determined in each county by Justices of +the Peace according to the dearth of victuals while allowing a +victualler a reasonable profit and a penalty was specified as +paying the value of the excess wages given or received for the +first offense, double this for the second offense, and treble this +or forty days imprisonment for the third offense. + +A fugitive laborer will be outlawed, and when found, shall be +burnt in the forehead with the letter "F" for falsity. + +Children who labored at the plough and cart or other agriculture +shall continue in that labor and may not go into a craft. + +A statute of 1363 designed to stop hoarding various types of +merchandise until a type became scarce so to sell it at high +prices, required merchants to deal in only one type of +merchandise. It also required craftsmen to work in only one craft +as before (except women who traditionally did several types of +handiwork). This was repealed a year later. + +Where scarcity has made the price of poultry high, it shall be +lowered to 8d. for a young capon, 7d. for an old capon or a goose, +9d. for a hen, and 10d. for a pullet. + +The fares for passage on boats on fresh waters and from Dover to +the continent shall remain at their old rate. + +Any merchant selling at a fair after it has ended will forfeit to +the king twice the value of that sold. + +Anyone finding and proving cloth contrary to the assize of cloth +shall have one-third of it for his labor. + +No shoemaker nor cordwainer shall tan their leather and no tanner +shall make shoes, in order that tanning not be false or poorly +done. + +All denizen [foreigner permitted to reside in the realm with +certain rights and privileges] and alien merchants may buy and +sell goods and merchandise, in gross, in any part of the country, +despite town charters or franchises, to anyone except an enemy of +the King. They may also sell small wares: victuals, fur, silk, +coverchiefs [an item of woman's apparel], silver wire, and gold +wire in retail, but not cloth or wine. They must sell their goods +within three months of arrival. Any alien bringing goods to the +nation to sell must buy goods of the nation to the value of at +least one-half that of his merchandise sold. These merchants must +engage in no collusion to lower the price of merchandise bought, +take merchandise bought to the staple, and promise to hold no +staple beyond the sea for the same merchandise. An amendment +disallowed denizens from taking wools, leather, woolfells, or lead +for export, but only strangers. + +Towns failing to bring disturbers of this right to justice shall +forfeit their franchise to the king and pay double damages to the +merchant. The disturber shall be imprisoned for a year. + +Cloth may not be tacked nor folded for sale to merchants unless +they are opened to the buyers for inspection, for instance for +concealed inferior wool. Workers, weavers, and fullers shall put +their seals to every cloth. And anyone could bring his own wools, +woolfells, leather, and lead to the staple to sell without being +compelled to sell them in the country. Special streets or +warehouses were appointed with warehouse rent fixed by the mayor +and constables with four of the principal inhabitants. Customs +duties were regulated and machinery provided for their collection. +No one was to forestall or regrate, that is, buy at one price and +sell at a higher price in the same locale. Forestallers were those +who bought raw material on its way to market. Regrators were those +who tried to create a "corner" in the article in the market +itself. + +Imported cloth shall be inspected by the King's officials for non- +standard measurements or defects [despite town franchises]. + +No one shall leave the nation except at designated ports, on pain +of one year's imprisonment. + +Social distinctions by attire were mandated by statute of 1363. A +servant, his wife, son, or daughter, shall only wear cloth worth +no more than 27s. and shall not have more than one dish of meat or +fish a day. Carters, ploughmen, drivers of the plough, oxherds, +cowherds, shepherds, and all other people owning less than 40s. of +goods and chattels shall only wear blanket and russet worth no +more than 12d. and girdles of linen according to their estate. +Craftsmen and free peasants shall only wear cloth worth no more +than 40s. Esquires and gentlemen below the rank of knight with no +land nor rent over 2,000s. a year shall only wear cloth worth no +more than 60s., no gold, silver, stone, fur, or the color purple. +Esquires with land up to 2,667s. per year may wear 67s. cloth, +cloth of silk and silver, miniver [grey squirrel] fur and stones, +except stones on the head. Merchants, citizens, burgesses, +artificers, and people of handicraft having goods and chattels +worth 10,000s. shall wear cloth the same value as that worn by +esquires and gentlemen with land or rent within 2,000s. per year. +The same merchants and burgesses with goods and chattels worth +13,333s. and esquires and gentlemen with land or rent within 400s. +per year may not wear gold cloth, miniver fur, ermine [white] fur, +or embroidered stones. A knight with land or rents within 2,667s. +yearly are limited to cloth of 80s., but his wife may wear a stone +on her head. Knights and ladies with land or rents within 8,000s. +to 20,000s. yearly may not wear fur of ermine or of letuse, but +may wear gold, and such ladies may wear pearls as well as stones +on their heads. The penalty is forfeiture of such apparel. This +statute is necessary because of "outrageous and excessive apparel +of diverse persons against their estate and degree, to the great +destruction and impoverishment of all the land". + +If anyone finds a hawk [used to hunt birds, ducks, and pheasant] +that a lord has lost, he must take it to the sheriff for keeping +for the lord to claim. If there is no claim after four months, the +finder may have it only if he is a gentleman. If one steals a hawk +from a lord or conceals from him the fact that it has been found, +he shall pay the price of the hawk and be imprisoned for two +years. + +No laborer or any other man who does not have lands and tenements +of the value of 40s. per year shall keep a greyhound [or other +hound or dog] to hunt, nor shall they use nets or cords or other +devices to take [deer, hare, rabbits, nor other gentlemen's game], +upon pain of one year imprisonment. (The rabbit had been +introduced by the Normans.) This 1390 law was primarily intended +to stop the meetings of laborers and artificers. + +No man shall eat more than two courses of meat or fish in his +house or elsewhere, except at festivals, when three are allowed +[because great men ate costly meats to excess and the lesser +people were thereby impoverished]. + +No one may export silver, whether bullion or coinage, or wine +except foreign merchants may carry back the portion of their money +not used to buy English commodities. The penalty for bringing +false or counterfeit money into the nation is loss of life and +member. An assigned searcher [inspector] for coinage of the nation +on the sea passing out of the nation or bad money in the nation +shall have one third of it. No foreign money may be used in the +nation. + +Each goldsmith shall have an identifying mark, which shall be +placed on his vessel or work only after inspection by the King's +surveyor. + +No one shall give anything to a beggar who is capable of working. + +Vagrants begging in London were banned by this 1359 ordinance: +"Forasmuch as many men and women, and others, of divers counties, +who might work, to the help of the common people, have betaken +themselves from out of their own country to the city of London and +do go about begging there so as to have their own ease and repose, +not wishing to labor or work for their sustenance, to the great +damage of the common people; and also do waste divers alms which +would otherwise be given to many poor folks, such as lepers, +blind, halt, and persons oppressed with old age and divers other +maladies, to the destruction of the support of the same - we do +command on behalf of our lord the King, whom may God preserve and +bless, that all those who go about begging in the said city and +who are able to labor and work for the profit of the common people +shall quit the said city between now and Monday next ensuing. And +if any such shall be found begging after the day aforesaid, the +same shall be taken and put in the stocks on Cornhill for half a +day the first time, and the second time he shall remain in the +stocks one whole day, and the third time he shall be taken and +shall remain in prison for forty days and shall then forswear the +said city forever. And every constable and the beadle of every +ward of the said city shall be empowered to arrest such manner of +folks and to put them in the stocks in manner aforesaid." + +The hundred year cry to "let the king live on his own" found +fruition in a 1352 statute requiring consent of the Parliament +before any commission of array for militia could be taken and a +1362 statute requiring purchases of goods and means of conveyance +for the king and his household to be made only by agreement with +the seller and with payment to him before the king traveled on, +instead of at the low prices determined unilaterally by the king's +purveyor. + +Every man who has wood within the forest may take houseboot [right +to take wood for reapir of one's house] and heyboot [right to take +material for the maintenance of hedges and fences, and the making +of farming utensils] in his wood without being arrested so long as +it take such within the view of the foresters. + +No fecal matter, dung, garbage, or entrails of animals killed +shall be put into ditches or rivers or other waters, so that +maladies and diseases will not be caused by corrupted and infected +air. The penalty is 400s. to the king after trial by the +Chancellor. + +Gifts or alienation of land to guilds, fraternities, or towns are +forbidden. Instead, it escheats to its lord, or in his default, to +the King. + +No man will be charged to go out of his county to do military +service except in case of an enemy invasion of the nation. Men who +chose to go into the king's service outside the nation shall be +paid wages by the king until their return. + +Admiralty law came into being when ancient naval manners and +customs were written down as the "Black Book of the Admiralty". +This included the organization of the fleet under the Admiral, +sea-maneuver rules such as not laying anchor until the Admiral's +ship had, engagement rules, and the distribution of captured +goods: one-fourth to the vessel owner, one-fourth to the king if +the seamen were paid by the king's wages, and the rest divided +among the crew and Admiral. Stealing a boat or an anchor holding a +boat was punishable by hanging. Stealing an oar or an anchor was +punishable by forty days imprisonment for the first offense, six +months imprisonment for the second, and hanging for the third. +Desertion was punishable by loss of double the amount of wages +earned and imprisonment for one year. Cases were tried by jury in +the Admiral's court. + +Wines, vinegar, oil and honey imported shall be gauged by the +King's appointees. + + + + - Judicial Procedure - + +The office of Justice of the Peace was developed and filled by +knights, esquires and gentlemen who were closely associated with +the magnates. There was no salary nor any requirement of knowledge +of the law. They were to pursue, restrain, arrest, imprison, try, +and duly punish felons, trespassers, and rioters according to the +law. They were expected to arrest vagrants who would not work and +imprison them until sureties for good behavior was found for them. +They also were empowered to inspect weights and measures. Trespass +included forcible offenses of breaking of a fence enclosing +private property, assault and battery, false imprisonment, and +taking away goods and chattels. + +The action of trespass was replacing private suits for murder and +for personal injury. + +Pardons may be given only for slaying another in one's own defense +or by misfortune [accident], and not for slaying by lying in wait, +assault, or malice aforethought. + +Justices of Assize, sheriffs, and Justices of the Peace and mayors +shall have power to inquire of all vagabonds and compel them to +find surety of their good bearing or be imprisoned. + +A reversioner shall be received in court to defend his right when +a tenant for a term of life, tenant in dower, or by the Law of +England, or in Tail after Possibility of Issue extinct are sued in +court for the land, so as to prevent collusion by the demandants. + +A person in debt may not avoid his creditors by giving his +tenements or chattels to his friends in collusion to have the +profits at their will. + +Where there was a garnishment given touching a plea of land, a +writ of deceit is also maintainable. + +Actions of debt will be heard only in the county where the +contract was made. The action of debt includes enforcement of +contracts executed or under seal, e.g. rent due on a lease, hire +of an archer, contract of sale or repair of an item. Thus there is +a growing connection between the actions of debt and contract. + +Executors have an action for trespass to their testators' goods +and chattels in like manner as did the testator when alive. + +If a man dies intestate, his goods shall be administered by his +next and most lawful friends appointed. Such administrators shall +have the same powers and duties as executors and be accountable as +are executors to the ecclesiastical court. + +Children born to English parents in parts beyond the sea may +inherit from their ancestors in the same manner as those born in +the nation. + +A person grieved by a false oath in a town court proceeding may +appeal to the King's Bench or Common Pleas, regardless of any town +franchise. + +The Court of the King's Bench worked independently of the King. It +was exceptional to find the king sitting on his bench. It became +confined to the established common law. + +Decisions of the common law courts are appealable to the House of +Lords. The king's council members who are not peers, in particular +the justices and the Masters of the Chancery, are summoned by the +House of Lords only as mere assistants. Parliament can change the +common law by statute. The right of a peer to be tried for capital +crimes by a court composed of his peers was established. There is +a widespread belief that all the peers are by right the king's +councilors. + +No attorney may practice law and also be a justice of assize. No +justice may take any gift except from the king nor give counsel to +any litigant before him. + +In 1390, there was another statute against maintainers, +instigators, barretors, procurers, and embracers of quarrels and +inquests because of great and outrageous oppressions of parties in +court. Because this encouraged maintenance by the retinue of lords +with fees, robes, and other liveries, such maintainers were to be +put out of their lords' service, and could not be retained by +another lord. No one was to give livery to anyone else, except +household members and those retained for life for peace or for +war. Justices of the Peace were authorized to inquire about +yeomen, or other of lower estate than squire, bearing livery of +any lord. + +Whereas it is contained in the Magna Carta that none shall be +imprisoned nor put out of his freehold, nor of his franchises nor +free custom, unless it be by the law of the land; it is +established that from henceforth none shall be taken by petition +or suggestion made to the king unless by indictment of good and +lawful people of the same neighborhood where such deeds be done, +in due manner, or by process made by writ original at the common +law; nor that none be out of his franchise, nor of his freeholds, +unless he be duly brought into answer and before judges of the +same by the course of law. + +The Chancery came to have a separate and independent equitable +jurisdiction. It heard petitions of misconduct of government +officials or of powerful oppressors, fraud, accident, abuse of +trust, wardship of infants, dower, and rent charges. Because the +common law and its procedures had become technical and rigid, the +Chancery was given equity jurisdiction by statute in 1285. King +Edward III proclaimed that petitions for remedies that the common +law didn't cover be addressed to the Chancellor, who was not bound +by established law, but could do equity. In Chancery, if there is +a case that is similar to a case for which there is a writ, but is +not in technical conformity with the requirements of the common +law for a remedy, then a new writ may be made for that case by the +Chancellor. These were called "actions on the case". Also, +Parliament may create new remedies. There were so many cases that +were similar to a case with no remedy specified in the common law, +that litigants were flowing into the Chancery. The Chancellor gave +swift and equitable relief, which was summary. With the backing of +the council, the Chancellor made decisions implementing the policy +of the Statute of Laborers. Most of these concerned occupational +competency, for instance negligent activity of carriers, builders, +shepherds, doctors, clothworkers, smiths, innkeepers, and gaolers. +For instance, the common law action of detinue could force return +of cloth bailed for fulling or sheep bailed for pasturing, but +could not address damages due to faulty work. The Chancellor +addressed issues of loss of wool, dead lambs, and damaged sheep, +as well as dead sheep. He imposed a legal duty on innkeepers to +prevent injury or damage to a patron or his goods from third +parties. A dog bite or other damage by a dog known by its owner to +be vicious was made a more serious offense than general damage by +any dog. A person starting a fire was given a duty to prevent the +fire from damaging property of others. + +The king will fine instead of seize the land of his tenants who +sell or alienate their land, such fine to be determined by the +Chancellor by due process. + +Only barons who were peers of the House of Lords were entitled to +trial in the House of Lords. In practice, however, this pertained +only to major crimes. + +Treason was tried by the lords in Parliament, by bill of +"attainder". It was often used for political purposes. Most +attainders were reversed as a term of peace made between competing +factions. + +The King's coroner and a murderer who had taken sanctuary in a +church often agreed to the penalty of confession and perpetual +banishment from the nation as follows: "Memorandum that on July 6, +[1347], Henry de Roseye abjured the realm of England before John +Bernard, the King's coroner, at the church of Tendale in the +County of Kent in form following: 'Hear this, O lord the coroner, +that I, Henry de Roseye, have stolen an ox and a cow of the widow +of John Welsshe of Retherfeld; and I have stolen eighteen beasts +from divers men in the said county. And I acknowledge that I have +feloniously killed Roger le Swan in the town of Strete in the +hundred of Strete in the rape [a division of a county] of Lewes +and that I am a felon of the lord King of England. And because I +have committed many ill deeds and thefts in his land, I abjure the +land of the Lord Edward King of England, and [I acknowledge] that +I ought to hasten to the port of Hastings, which thou hast given +me, and that I ought not to depart from the way, and if I do so I +am willing to be taken as a thief and felon of the lord King, and +that at Hastings I will diligently seek passage, and that I will +not wait there save for the flood and one ebb if I can have +passage; and if I cannot have passage within that period, I will +go up to the knees into the sea every day, endeavoring to cross; +and unless I can do so within forty days, I will return at once to +the church, as a thief and a felon of the lord King, so help me +God." + +Property damage by a tenant of a London building was assessed in a +1374 case: "John Parker, butcher, was summoned to answer Clement +Spray in a plea of trespass, wherein the latter complained that +the said John, who had hired a tavern at the corner of St. Martin- +le-Grand from him for fifteen months, had committed waste and +damage therein, although by the custom of the city no tenant for a +term of years was entitled to destroy any portion of the buildings +or fixtures let to him. He alleged that the defendant had taken +down the door post of the tavern and also of the shop, the boarded +door of a partition of the tavern, a seat in the tavern, a +plastered partition wall, the stone flooring in the chamber, the +hearth of the kitchen, and the mantelpiece above it, a partition +in the kitchen, two doors and other partitions, of a total value +of 21s. four pounds, 1s. 8d., and to his damage, 400s. [20 +pounds]. The defendant denied the trespass and put himself on the +country. Afterwards a jury [panel]... found the defendant guilty +of the aforesaid trespass to the plaintiff's damage, 40d. Judgment +was given for that amount and a fine of 1s. to the King, which the +defendant paid immediately in court." + +The innkeeper's duty to safeguard the person and property of his +lodgers was applied in this case: + +"John Trentedeus of Southwark was summoned to answer William +Latymer touching a plea why, whereas according to the law and +custom of the realm of England, innkeepers who keep a common inn +are bound to keep safely by day and by night without reduction or +loss men who are passing through the parts where such inns are and +lodging their goods within those inns, so that, by default of the +innkeepers or their servants, no damage should in any way happen +to such their guests ... + +On Monday after the Feast of the Purification of the Virgin Mary +in the fourth year of the now King by default of the said John, +certain malefactors took and carried away two small portable +chests with 533s. and also with charters and writings, to wit two +writings obligatory, in the one of which is contained that a +certain Robert Bour is bound to the said William in 2,000s. and in +the other that a certain John Pusele is bound to the same William +in 800s. 40 pounds ... and with other muniments [writings +defending claims or rights] of the same William, to wit his return +of all the writs of the lord King for the counties of Somerset and +Dorset, whereof the same William was then sheriff, for the morrow +of the Purification of the Blessed Mary the Virgin in the year +aforesaid, as well before the same lord the King in his Chancery +and in his Bench as before the justices of the King's Common Bench +and his barons of his Exchequer, returnable at Westminster on the +said morrow, and likewise the rolls of the court of Cranestock for +all the courts held there from the first year of the reign of the +said lord the King until the said Monday, contained in the same +chests being lodged within the inn of the same John at Southwark + +And the said John ... says that on the said Monday about the +second hour after noon the said William entered his inn to be +lodged there, and at once when he entered, the same John assigned +to the said William a certain chamber being in that inn, fitting +for his rank, with a door and a lock affixed to the same door with +sufficient nails, so that he should lie there and put and keep his +things there, and delivered to the said William the key to the +door of the said chamber, which chamber the said William +accepted... + +William says that ... when the said John had delivered to him the +said chamber and key as above, the same William, being occupied +about divers businesses to be done in the city of London, went out +from the said inn into the city to expedite the said businesses +and handed over the key of the door to a certain servant of the +said William to take care of in meantime, ordering the servant to +remain in the inn meanwhile and to take care of his horses there; +and afterwards, when night was falling, the same William being in +the city and the key still in the keeping of the said servant, the +wife of the said John called unto her into her hall the said +servant who had the key, giving him food and drink with a merry +countenance and asking him divers questions and occupying him thus +for a long time, until the staple of the lock of the door +aforesaid was thrust on one side out of its right place and the +door of the chamber was thereby opened and his goods, being in the +inn of the said John, were taken and carried off by the said +malefactors ... The said John says ...[that his wife did not call +the servant into the hall, but that] when the said servant came +into the said hall and asked his wife for bread and ale and other +necessaries to be brought to the said chamber of his master, his +wife immediately and without delay delivered to the same servant +the things for which he asked ... protesting that no goods of the +same William in the said inn were carried away by the said John +his servant or any strange malefactors other than the persons of +the household of the said William." + +On the Coram Rege Roll of 1395 is a case on the issue of whether a +court-crier can be seized by officers of a staple: + +"Edmund Hikelyng, 'criour', sues William Baddele and wife Maud, +John Olney, and William Knyghtbrugge for assault and imprisonment +at Westminster, attacking him with a stick and imprisoning him for +one hour on Wednesday before St. Martin, 19 Richard II. + +Baddele says Mark Faire of Winchester was prosecuting a bill of +debt for 18s. against Edmund and John More before William +Brampton, mayor of the staple of Westminster, and Thomas Alby and +William Askham, constables of the said staple, and on that day the +Mayor and the constables issued a writ of capias against Edmund +and John to answer Mark and be before the Mayor and the constables +at the next court. This writ was delivered to Baddele as sergeant +of the staple, and by virtue of it he took and imprisoned Edmund +in the staple. Maud and the others say they aided Baddele by +virtue of the said writ. + +Edmund does not acknowledge Baddele to be sergeant of the staple +or Mark a merchant of the staple or that he was taken in the +staple. He is minister of the King's Court of his Bench and is +crier under Thomas Thorne, the chief crier, his master. Every +servant of the court is under special protection while doing his +duty or on his way to do it. On the day in question, he was at +Westminster carrying his master's staff of office before Hugh +Huls, one of the King's justices, and William took him in the +presence of the said justice and imprisoned him. + +The case is adjourned for consideration from Hilary to Easter." + +A law of equity began to be developed from decisions by the +Chancellor in his court of conscience from around 1370. One such +case was that of Godwyne v. Profyt sometime after 1393. This +petition was made to the Chancellor: To the most reverend Father +in God, and most gracious Lord, the bishop of Exeter, Chancellor +of England. Thomas Godwyne and Joan his wife, late wife of Peter +at More of Southwerk, most humbly beseech that, whereas at +Michaelmas in the 17th year of our most excellent lord King +Richard who now is, the said Peter at More in his lifetime +enfeoffed Thomas Profyt parson of St. George's church Southwerk, +Richard Saundre, and John Denewey, in a tenement with the +appurtenances situated in Southwerk and 24 acres of land 6 acres +of meadow in the said parish of St. George and in the parish of our +Lady of Newington, on the conditions following, to wit, that the +said three feoffees should, immediately after the death of the +said Peter, enfeoff the said Joan in all the said lands and +tenements with all their appurtenances for the life of the said +Joan, with remainder after her decease to one Nicholas at More, +brother of the said Peter, to hold to him and the heirs of his +body begotten, and for default of issue, then to be sold by four +worthy people of the said parish, and the money to be received for +the same to be given to Holy Church for his soul; whereupon the +said Peter died. And after his death two of the said feoffees, +Richard and John, by the procurement of one John Solas, released +all their estate in the said lands and tenements to the said +Thomas Profyt, on the said conditions, out of the great trust that +they had in the said Thomas Profyt, who was their confessor, that +he would perform the will of the said Peter [at More] in the form +aforesaid; and this well and lawfully to do the said Thomas Profyt +swore on his Verbum Dei and to perform the said conditions on all +points. And since the release was so made, the said Thomas Profyt, +through the scheming and false covin of the said John Solas, has +sold all the lands and tenements aforesaid to the same John Solas +for ever. And the said John Solas is bound to the said Thomas +Profyt in 100 pounds by a bond to make defence of the said lands +and tenements by the bribery (?) and maintenance against every +one; and so by their false interpretation and conspiracy the said +Joan, Nicholas, and Holy Church are like to be disinherited and +put out of their estate and right, as is abovesaid, for ever, +tortiously, against the said conditions, and contrary to the will +of the said Peter [at More]. May it please your most righteous +Lordship to command the said Thomas Profyt, Richard Saundre, and +John Denewy to come before you, and to examine them to tell the +truth of all the said matter, so that the said Joan, who has not +the wherewithal to live, may have her right in the said lands and +tenements, as by the examination before you, most gracious Lord, +shall be found and proved; for God and in way of holy charity. + + + + + + - - - Chapter 10 - - - + + + + - The Times: 1399-1485 - + +This period, which begins with the reign of the usurper King, +Henry IV, is dominated by war: the last half of the 100 year war +with France, which, with the help of Joan of Arc, took all English +land on the continent except the port of Calais, and the War of +the Roses over the throne in England. The ongoing border fights +with Wales and Scotland were fought by England's feudal army. But +for fighting in France, the king paid barons and earls to raise +their own fighting forces. When they returned to England, they +fought to put their candidate on its throne, which had been +unsteady since its usurpation by Henry IV. All the great houses +kept bands of armed retainers. These retainers were given land or +pay or both as well as liveries [uniforms or badges] bearing the +family crest. In the system of "livery and maintenance", if the +retainer was harassed by the law or by enemies, the lord protected +him. The liveries became the badges of the factions engaged in the +War of the Roses. And the white rose was worn by the supporters of +the house of York, and the red rose by supporters of the house of +Lancaster for the Crown. Great lords fought each other for +property and made forcible entries usurping private property. +Shakespeare's histories deal with this era. + +In both wars, the musket was used as well as the longbow. To use +it, powder was put into the barrel, then a ball rammed down the +barrel with a rod, and then the powder lit by a hot rod held with +one hand while the other hand was used to aim the musket. Cannon +were used to besiege castles and destroy their walls, so many +castles were allowed to deteriorate. The existence of cannon also +limited the usefulness of town walls for defense. But townspeople +did not take part in the fighting. + +Since the power of the throne changed from one faction to another, +political and personal vindictiveness gave rise to many bills of +attainder that resulted in lords being beheaded and losing their +lands to the King. However, these were done by the form of law; +there were no secret executions in England. Families engaged in +blood feuds. Roving bands ravaged the country, plundering the +people, holding the forests, and robbing collectors of Crown +revenue. Some men made a living by fighting for others in +quarrels. Individual life and property were insecure. Whole +districts were in a permanent alarm of riot and robbery. The roads +were not safe. Nobles employed men who had returned from fighting +in war to use their fighting skill in local defense. There was +fighting between lords and gangs of ruffians holding the roads, +breaking into and seizing manor houses, and openly committing +murders. + +Peace was never well-kept nor was law ever well-executed, though +fighting was suspended by agreement during the harvest. Local +administration was paralyzed by party faction or lodged in some +great lord or some clique of courtiers. The elections of members +to Parliament was interfered with and Parliament was rarely held. +Barons and earls fought their disputes in the field rather than in +the royal courts. Litigation was expensive, so men relied +increasingly on the protection of the great men of their +neighborhood and less on the King's courts for the safety of their +lives and land. Local men involved in court functions usually owed +allegiance to a lord which compromised the exercise of justice. +Men serving in an assize often lied to please their lord instead +of telling the truth. Lords maintained, supported, or promoted +litigation with money or aid supplied to one party to the +detriment of justice. It was not unusual for lords to attend court +with a great force of retainers behind them. Many justices of the +peace wore liveries of magnates and accepted money from them. +Royal justices were flouted or bribed. The King's writ was denied +or perverted. For 6-8s., a lord could have the king instruct his +sheriff to impanel a jury which would find in his favor. A statute +against riots, forcible entries, and, excepting the King, +magnates' liveries of uniform, food, and badges to their +retainers, except in war outside the nation, was passed, but was +difficult to enforce because the offenders were lords, who +dominated the Parliament and the council. + +With men so often gone to fight, their wives managed the household +alone. The typical wife had maidens of equal class to whom she +taught household management, spinning, weaving, carding wool with +iron wool-combs, heckling flax, embroidery, and making garments. +There were foot-treadles for spinning wheels. She taught the +children. Each day she scheduled the activities of the household +including music, conversation, dancing, chess, reading, playing +ball, and gathering flowers. She organized picnics, rode horseback +and went hunting, hawking to get birds, and hare-ferreting. She +was nurse to all around her. If her husband died, she usually +continued in this role because most men named their wife as +executor of their will with full power to act as she thought best. +The wives of barons shared their right of immunity from arrest by +the processes of common law and to be tried by their peers. + +For ladies, close-fitting jackets came to be worn over close- +fitting long gowns with low, square-cut necklines and flowing +sleeves, under which was worn a girdle or corset of stout linen +reinforced by stiff leather or even iron. Her skirt was +provocatively slit from knee to ankle. All her hair was confined +by a hair net. Headdresses were very elaborate and heavy, trailing +streamers of linen. Some were in the shape of hearts, butterflies, +crescents, double horns, steeples, or long cones. Men also wore +hats rather than hoods. They wore huge hats of velvet, fur, or +leather. Their hair was cut into a cap-like shape on their heads, +and later was shoulder-length. They wore doublets with thick +padding over the shoulders or short tunics over the trucks of +their bodies and tightened at the waist to emphasize the +shoulders. Their collars were high. Their sleeves were long +concoctions of velvet, damask, and satin, sometimes worn wrapped +around their arms in layers. Their legs were covered with hosen, +often in different colors. Codpieces worn between the legs +emphasized the sensuality of the age as did ladies' tight and low- +cut gowns. Men's shoes were pointed with upward pikes at the toes +that impeded walking. At another time, their shoes were broad with +blunt toes. Both men and women wore much jewelry and +ornamentation. But, despite the fancy dress, the overall mood was +a macabre preoccupation with mortality, despair, and a lack of +confidence in the future. Cannon and mercenaries had reduced the +military significance of knighthood, so its chivalric code +deteriorated into surface politeness, ostentation, and +extravagance. + +Master and servants ceased to eat together in the same hall, +except for great occasions, on feast days, and for plays. The +lord, and his lady, family, and guests took their meals in a great +chamber, usually up beneath the roof next to the upper floor of +the great hall. The chimney-pieces and windows were often richly +decorated with panelled stonework, tracery and carving. There was +often a bay or oriel window with still expensive glass. +Tapestries, damask, and table-cloths covered the tables. There was +much formality and ceremonial ritual, more elaborate than before, +during dinners at manorial households, including processions +bringing and serving courses, and bowing, kneeling, and +curtseying. There were many courses of a variety of meats, fish, +stews, and soups, with a variety of spices and elaborately cooked. +Barons, knights, and their ladies sat to the right of the lord +above the salt and were served by the lord's sewer and carver and +gentlemen waiters; their social inferiors such as "gentlemen of +worship" sat below the salt and were served by another sewer and +yeomen. The lord's cupbearer looked after the lord alone. A +knights table was waited on by yeomen. The gentlemen officers, +gentlemen servants and yeomen officers were waited on by their own +servants. The amount of food dished out to each person varied +according to his rank. The almoner said grace and distributed the +left-overs to the poor gathered at the gate. The superior people's +hands were washed by their inferiors. Lastly, the trestle tables +were removed while sweet wine and spices were consumed standing. +Then the musicians were called into the hall and dancing began. +The lord usually slept in a great bed in this room. The standard +number of meals was three: breakfast, dinner, and supper. + +The diet of an ordinary family such as that of a small shopholder +or yeoman farmer included beef, mutton, pork, a variety of fish, +both fresh and salted, venison, nuts, peas, oatmeal, honey, +grapes, apples, pears, and fresh vegetables. Cattle and sheep were +driven from Wales to English markets. This droving lasted for five +centuries. + +Many types of people besides the nobility and knights now had +property and thus were considered gentry: female lines of the +nobility, merchants and their sons, attorneys, auditors, squires, +and peasant-yeomen. The burgess grew rich as the knight dropped +lower. The great merchants lived in mansions which could occupy +whole blocks. Typically, there would be an oak-paneled great hall, +with adjoining kitchen, pantry, and buttery on one end and a great +parlor to receive guests, bedrooms, wardrobes, servants' rooms, +and a chapel on the other end or on a second floor. The beds were +surrounded by heavy draperies to keep out cold drafts. In towns +these mansions were entered through a gate through a row of shops +on the street. A lesser dwelling would have these rooms on three +floors over a shop on the first floor. An average Londoner would +have a shop, a storeroom, a hall, a kitchen, and a buttery on the +first floor, and three bedrooms on the second floor. Artisans and +shopkeepers of more modest means lived in rows of dwellings, each +with a shop and small storage room on the first floor, and a +combination parlor-bedroom on the second floor. The humblest +residents crowded their shop and family into one 6 by 10 foot room +for rent of a few shillings a year. All except the last would also +have a small garden. The best gardens had a fruit tree, herbs, +flowers, a well, and a latrine area. There were common and public +privies for those without their own. Kitchen slops and casual +refuse continued to be thrown into the street. Floors of stone or +planks were strewn with rushes. There was some tile flooring. Most +dwellings had glass windows. Candles were used for lighting at +night. Torches and oil-burning lanterns were portable lights. +Furnishings were still sparse. Men sat on benches or joint stools +and women sat on cushions on the floor. Hall and parlor had a +table and benches and perhaps one chair. Bedrooms had a curtained +feather bed with pillows, blankets, and sheets. Clothes were +stored in a chest, sometimes with sweet-smelling herbs such as +lavender, rosemary, and southernwood. Better homes had wall +hanging and cupboards displaying plate. Laundresses washed clothes +in the streams, rivers, and public conduits. Country peasants +still lived in wood, straw, and mud huts with earth floors and a +smoky hearth in the center or a kitchen area under the eaves of +the hut. + +In 1442, bricks began to be manufactured in the nation and so +there was more use of bricks in buildings. Chimneys were +introduced into manor houses where stone had been too expensive. +This was necessary if a second floor was added, so the smoke would +not damage the floor above it and would eventually go out of the +house. + +Nobles and their retinue moved from manor to manor, as they had +for centuries, to keep watch upon their lands and to consume the +produce thereof; it was easier to bring the household to the +estate than to transport the yield of the estate to the household. +Also, at regular intervals sewage had to be removed from the +cellar pits. Often a footman walked or ran on foot next to his +master or mistress when they rode out on horseback or in a +carriage. He was there primarily for prestige. + +Jousting tournaments were held for entertainment purposes only and +were followed by banquets of several courses of food served on +dishes of gold, silver, pewter, or wood on a linen cloth covering +the table. Hands were washed before and after the meal. People +washed their faces every morning after getting up. Teeth were +cleaned with powders. Fragrant leaves were chewed for bad breath. +Garlic was used for indigestion and other ailments. Feet were +rubbed with salt and vinegar to remove calluses. Good manners +included not slumping against a post, fidgeting, sticking one's +finger into one's nose, putting one's hands into one's hose to +scratch the privy parts, spitting over the table or too far, +licking one's plate, picking one's teeth, breathing stinking +breath into the face of the lord, blowing on one's food, stuffing +masses of bread into one's mouth, scratching one's head, loosening +one's girdle to belch, and probing one's teeth with a knife. + +Fishing and hunting were reserved for the nobility rather than +just the King. + +As many lords became less wealthy because of the cost of war, some +peasants, villein and free, became prosperous, especially those +who also worked at a craft, e.g. butchers, bakers, smiths, +shoemakers, tailors, carpenters, and clothworkers. + +An agricultural slump caused poorer soils to fall back into waste. +The better soils were leased by peasants, who, with their +families, were in a better position to farm it than a great lord, +who found it hard to hire laborers at a reasonable cost. Further, +peasants' sheep, hens, pigs, ducks, goats, cattle, bees, and crop +made them almost self-sufficient in foodstuffs. They lived in a +huddle of cottages, pastured their animals on common land, and +used common meadows for hay-making. They subsisted mainly on +boiled bacon, an occasional chicken, worts and beans grown in the +cottage garden, and cereals. They wore fine wool cloth in all +their apparel. Brimless hats were replacing hoods. They had an +abundance of bed coverings in their houses. And they had more free +time. Village entertainment included traveling jesters, acrobats, +musicians, and bear-baiters. Playing games and gambling were +popular pastimes. + +Most villeins were now being called "customary tenants" or "copy- +holders" of land because they held their acres by a copy of the +court-roll of the manor, which listed the number of teams, the +fines, the reliefs, and the services due to the lord for each +landholder. The Chancery court interpreted many of these documents +to include rights of inheritance. The common law courts followed +the lead of the Chancery and held that copyhold land could be +inherited as was land at common law. Evictions by lords decreased. + +The difference between villein and freeman lessened but landlords +usually still had profits of villein bondage, such as heriot, +merchet, and chevage. + +A class of laborers was arising who depended entirely on the wages +of industry for their subsistence. The cloth workers in rural +areas were isolated and weak and often at the mercy of middle-men +for employment and the amount of their wages. When rural laborers +went to towns to seek employment in the new industries, they would +work at first for any rate. This deepened the cleavage of the +classes in the towns. The artificers in the town and the cottagers +and laborers in the country lived from hand to mouth, on the edge +of survival, but better off than the old, the diseased, the +widows, and the orphans. However, the 1400s were the most +prosperous time for laborers considering their wages and the +prices of food. Meat and poultry were plentiful and grain prices +low. + +Social mobility was most possible in the towns, where distinctions +were usually only of wealth. So a poor apprentice could aspire to +become a master, a member of the livery of his company, a member +of the council, an alderman, a mayor, and then an esquire for +life. The distance between baron and a country knight and between +a yeoman and knight was wider. Manor custom was strong. But a +yeoman could give his sons a chance to become gentlemen by +entering them in a trade in a town, sending them to university, or +to war. Every freeman was to some extent a soldier, and to some +extent a lawyer, serving in the county or borough courts. A +burgess, with his workshop or warehouse, was trained in warlike +exercises, and he could keep his own accounts, and make his own +will and other legal documents, with the aid of a scrivener or a +chaplain, who could supply an outline of form. But law was growing +as a profession. Old-established London families began to choose +the law as a profession for their sons, in preference to an +apprenticeship in trade. Many borough burgesses in Parliament were +attorneys. + +In London, shopkeepers appealed to passers-by to buy their goods, +sometimes even seizing people by the sleeve. The drapers had +several roomy shops containing shelves piled with cloths of all +colors and grades, tapestries, pillows, blankets, bed draperies, +and 'bankers and dorsers' to soften hard wooden benches. A rear +storeroom held more cloth for import or export. Many shops of +skinners were on Fur Row. There were shops of leather-sellers, +hosiers, gold and silver cups, and silks. At the Stocks Market +were fishmongers, butchers, and poulterers. London grocers +imported spices, canvas, ropery, potions, unguents, soap, +confections, garlic, cabbages, onions, apples, oranges, almonds, +figs, dates, raisins, dye-stuffs, woad, madder (plant for medicine +and dye), scarlet grains, saffron, iron, and steel. They were +retailers as well as wholesalers and had shops selling honey, +licorice, salt, vinegar, rice, sugar loaves, syrups, spices, +garden seeds, dyes, alum, soap, brimstone, paper, varnish, canvas, +rope, musk, incense, treacle of Genoa, and mercury. The Grocers +did some money-lending, usually at 12% interest. The guilds did +not restrict themselves to dealing in the goods for which they had +a right of inspection, and so many dealt in wine that it was a +medium of exchange. There was no sharp distinction between retail +and wholesale trading. + +In London, grocers sold herbs for medicinal as well as eating +purposes. Breadcarts sold penny wheat loaves. Foreigners set up +stalls on certain days of the week to sell meat, canvas, linen, +cloth, ironmongery, and lead. There were great houses, churches, +monasteries, inns, guildhalls, warehouses, and the King's Beam for +weighing wool to be exported. In 1410, the Guildhall of London was +built through contributions, proceeds of fines, and lastly, to +finish it, special fees imposed on apprenticeships, deeds, wills, +and letters-patent. The Mercers and Goldsmiths were in the +prosperous part of town. The Goldsmiths' shops sold gold and +silver plate, jewels, rings, water pitchers, drinking goblets, +basins to hold water for the hands, and covered saltcellars. The +grain market was on Cornhill. Halfway up the street, there was a +supply of water which had been brought up in pipes. On the top of +the hill was a cage where riotous folk had been incarcerated by +the night watch and the stocks and pillory, where fraudulent +schemers were exposed to ridicule. No work was to be done on +Sundays, but some did work surreptitiously. The barbers kept their +shops open in defiance of the church. Outside the London city +walls were tenements, the Smithfield cattle market, Westminster +Hall, green fields of crops, and some marsh land. + +On the Thames River to London were large ships with cargoes; small +boats rowed by tough boatmen offering passage for a penny; small +private barges of great men with carved wood, gay banners, and +oarsmen with velvet gowns; the banks covered with masts and +tackle; the nineteen arch London Bridge supporting a street of +shops and houses and a drawbridge in the middle; quays; +warehouses, and great cranes lifting bales from ship to wharf. +Merchant guilds which imported or exported each had their own +wharves and warehouses. Downstream, pirates hung on gallows at the +low-water mark to remain until three tides had overflowed their +bodies. A climate change of about 1 1/2 degree Celcius lower +caused the Thames to regularly freeze over in winter. + +The large scale of London trade promoted the specialization of the +manufacturer versus the merchant versus the shipper. Merchants had +enough wealth to make loans to the government or for new +commercial enterprises. Local reputation on general, depended upon +a combination of wealth, trustworthiness of character, and public +spirit; it rose and fell with business success. Some London +merchants were knighted by the King. Many bought country estates +and turned themselves into gentry. + +The king granted London all common soils, improvements, wastes, +streets, and ways in London and in the adjacent waters of the +Thames River and all the profits and rents to be derived +therefrom. Later the king granted London the liberty to purchase +lands and tenements worth up to 2,667s. yearly. With this power, +London had obtained all the essential features of a corporation: a +seal, the right to make by-laws, the power to purchase lands and +hold them "to them and their successors" (not simply their heirs, +which is an individual and hereditary succession only), the power +to sue and be sued in its own name, and the perpetual succession +implied in the power of filling up vacancies by election. Since +these powers were not granted by charters, London is a corporation +by prescription. In 1446, the liverymen obtained the right with +the council to elect the mayor, the sheriff, and certain other +corporate officers. + +Many boroughs sought and obtained formal incorporation with the +same essential features as London. This tied up the loose language +of their early charters of liberties. Often, a borough would have +its own resident Justice of the Peace. Each incorporation involved +a review by a Justice of the Peace to make sure the charter of +incorporation rule didn't conflict with the law of the nation. A +borough typically had a mayor accompanied by his personal sword- +bearer and serjeants-at-mace bearing the borough regalia, +bailiffs, a sheriff, and chamberlains or a steward for financial +assistance. At many boroughs, aldermen, assisted by their +constables, kept the peace in their separate wards. There might be +coroners, a recorder, and a town clerk, with a host of lesser +officials including beadles, aletasters, sealers, searchers +[inspectors], weighers and keepers of the market, ferrymen and +porters, clock-keepers and criers, paviors [maintained the roads], +scavengers and other street cleaners, gatekeepers and watchmen of +several ranks and kinds. A wealthy borough would have a chaplain +and two or three minstrels. The mayor replaced the bailiffs as the +chief magistracy. + +In all towns, the wealthiest and most influential guilds were the +merchant traders of mercers, drapers, grocers, and goldsmiths. +From their ranks came most of the mayors, and many began to +intermarry with the country knights and gentry. Next came the +shopholders of skinners, tailors, ironmongers, and corvisors +[shoemakers]. Thirdly came the humbler artisans, the sellers of +victuals, small shopkeepers, apprentices, and journeymen on the +rise. Lastly came unskilled laborers, who lived in crowded +tenements and hired themselves out. The first three groups were +the free men who voted, paid scot and bore lot, and belonged to +guilds. Scot was a rateable proportion in the payments levied from +the town for local or national purposes. Merchant guilds in some +towns merged their existence into the town corporation, and their +guild halls became the common halls of the town, and their +property became town property. + +In London, the Cutlers' Company was chartered in 1415, the +Haberdashers' Company in 1417, the Grocers' Company in 1428, the +Drapers' and Cordwainers' companies in 1429, the Vintners' and +Brewers' companies in 1437, the Leathersellers' Company in 1444, +the Girdlers' Company in 1448, the Armourers' and Brassiers' +companies in 1453, the Barbers' Company in 1461, the Tallow +Chandlers' Company in 1462, the Ironmongers' Company in 1464, the +Dyers' Company in 1471, the Musicians' Company in 1472, the +Carpenters' Company in 1477, the Cooks' Company in 1481, and the +Waxchandlers' Company in 1483. The Fishmongers, which had been +chartered in 1399, were incorporated in 1433, the Cordwainers in +1439, and the Pewterers in 1468. + +There were craft guilds in the towns, at least 65 in London. In +fact, every London trade of twenty men had its own guild. The +guild secured good work for its members and the members maintained +the reputation of the work standards of the guild. Bad work was +punished and night work prohibited as leading to bad work. The +guild exercised moral control over its members and provided +sickness and death benefits for them. There was much overlapping +in the two forms of association: the craft guild and the religious +fraternity. Apprentices were taken in to assure an adequate supply +of competent workers for the future. The standard indenture of an +apprentice bound him to live in his master's house, to serve him +diligently, obey reasonable commands, keep his master's secrets, +protect him from injury, abstain from dice, cards and haunting of +taverns, not marry, commit no fornication, nor absent himself +without permission. In return the master undertook to provide the +boy or girl with bed, board, and lodging and to instruct him or +her in the trade, craft, or mystery. When these apprentices had +enough training they were made journeymen with a higher rate of +pay. Journeymen traveled to see the work of their craft in other +towns. Those journeymen rising to master had the highest pay rate. + +Occupations free of guild restrictions included horse-dealers, +marbelers, bookbinders, jewelers, organ makers, feathermongers, +pie makers, basket makers, mirrorers, quilters, and parchment +makers. Non-citizens of London could not be prevented from selling +leather, metalwares, hay, meat, fruit, vegetables, butter, cheese, +poultry, and fish from their boats, though they had to sell in the +morning and sell all their goods before the market closed. + +In the towns, many married women had independent businesses and +wives also played an active part in the businesses of their +husbands. Wives of well-to-do London merchants embroidered, sewed +jewelry onto clothes, and made silk garments. Widows often +continued in their husband's businesses, such as managing a large +import-export trade, tailoring, brewing, and metal shop. Socially +lower women often ran their own breweries, bakeries, and taverns. +It was possible for wives to be free burgesses in their own right +in some towns. + +Some ladies were patrons of writers. Some women were active in +prison reform in matters of reviews to insure that no man was in +gaol without due cause, overcharges for bed and board, brutality, +and regulation of prisoners being placed in irons. Many men and +women left money in their wills for food and clothing for +prisoners, especially debtors. Wills often left one-third of the +wealth to the church, the poor, prisoners, infirmaries, young +girls' education; road, wall, and bridge repair; water supply, +markets and almshouses. Some infirmaries were for the insane, who +were generally thought to be possessed by the devil or demons. +Their treatment was usually by scourging the demons out of their +body by flogging. If this didn't work, torture could be used to +drive the demons from the body. + +The guilds were being replaced by associations for the investment +of capital. In associations, journeymen were losing their chance +of rising to be a master. Competition among associations was +starting to supplant custom as the mainspring of trade. + +The cloth exporters, who were mostly mercers, were unregulated and +banded together for mutual support and protection under the name +of Merchant Adventurers of London. The Merchant Adventurers was +chartered in 1407. It was the first and a prototype of regulated +companies. That is the company regulated the trade. Each merchant +could ship on his own a certain number of cloths each year (the +number depending on the length of his membership in the company) +and sell them himself or by his factor at the place where the +company had privileges of market. Strict rules governed the +conduct of each member. He was to make sales only at certain hours +on specified days. All disagreements were to be settled by the +company's governor, or his deputy in residence, and those +officials dealt with such disputes as arose between members of the +company and continental officials and buyers. A share in the +ownership of one of their vessels was a common form of investment +by prosperous merchants. By 1450, the merchant adventurers were +dealing in linen cloths, buckrams [a stiffened, coarse cloth], +fustians [coarse cloth made of cotton threads going in one +direction and linen threads the other], satins, jewels, fine +woolen and linen wares, threads, potions, wood, oil, wine, salt, +copper, and iron. They began to replace trade by alien traders. +The history of the "Merchant Adventurers" was associated with the +growth of the mercantile system for more than 300 years. It +eventually replaced the staples system. + +Paved roads in towns were usually gravel and sometimes cobble. +They were frequently muddy because of rain and spillage of water +being carried. Iron-shod wheels and overloaded carts made them +very uneven. London was the first town with paviors. They cleaned +and repaired the streets, filling up pot-holes with wood chips and +compacting them with hand rams. The paviors were organized as a +city company in 1479. About 1482, towns besides London began +appointing salaried road paviors to repair roads and collect their +expenses from the householders because the policy of placing the +burden on individual householders didn't work well. London streets +were lighted at night by public lanterns, under the direction of +the mayor. The residents were to light these candle lanterns in +winter from dusk to the 9 pm curfew. There were fire-engines +composed of a circular cistern with a pump and six feet of +inflexible hose on wheels pulled by two men on one end and pushed +by two men on the other end. In 1480 the city walls were rebuilt +with a weekly tax of 5d. per head. + +In schools, there was a renaissance of learning from original +sources of knowledge written in Greek and rebirth of the Greek +pursuit of the truth and scientific spirit of inquiry. There was a +striking increase in the number of schools founded by wealthy +merchants or town guilds. Every cathedral, monastery, and college +had a grammar school. Merchants tended to send their sons to +private boarding schools, instead of having them tutored at home +as did the nobility. Well-to-do parents still sent sons to live in +the house of some noble to serve them as pages in return for being +educated with the noble's son by the household priest. They often +wore their master's coat of arms and became their squires as part +of their knightly education. Sometimes girls were sent to live in +another house to take advantage to receive education from a tutor +there under the supervision of the lady of the house. Every man, +free or villein, could send his sons and daughters to school. In +every village, there were some who could read and write. + +In 1428, Lincoln's Inn required barristers normally resident in +London and the county of Middlesex to remain in residence and pay +commons during the periods between sessions of court and during +vacations, so that the formal education of students would be +continuous. In 1442, a similar requirement was extended to all +members. + +The book "Sir Gawain and the Green Knight" was written about an +incident in the court of King Arthur and Queen Guenevere in which +a green knight challenges Arthur's knights to live up to their +reputation for valor and awesome deeds. The knight Gawain answers +the challenge, but is shown that he could be false and cowardly +when death seemed to be imminent. Thereafter, he wears a green +girdle around his waist to remind him not to be proud. + +Other literature read included "London Lickpenny", a satire on +London and its expensive services and products, "Fall of Princes" +by John Lydgate, social history by Thomas Hoccleve, "The Cuckoo +and the Nightengale", and "The Flower and Leaf" on morality as +secular common sense. King James I of Scotland wrote a book about +how he fell in love. Chaucer, Cicero, Ovid, and Aesops's Fables +were widely read. Malory's new version of the Arthurian stories +was popular. Margery Kempe wrote the first true autobiography. She +was a woman who had a normal married life with children, but one +day had visions and voices which led her to leave her husband to +take up a life of wandering and praying in holy possession. There +were religious folk ballads such as "The Cherry Tree Carol", about +the command of Jesus from Mary's womb for a cherry tree to bend +down so that Mary could have some cherries from it. The common +people developed ballads, e.g. about their love of the forest, +their wish to hunt, and their hatred of the forest laws. + +About 30% of Londoners could read English. Books were bought in +London in such quantities by 1403 that the craft organizations of +text-letter writers, illuminators, book-binders, and book sellers +was sanctioned by ordinance. "Unto the honorable lords, and wise, +the mayor and aldermen of the city of London, pray very humbly all +the good folks, freemen of the said city, of the trades of writers +of text-letter, limners [illuminator of books], and other folks of +London who are wont to bind and to sell books, that it may please +your great sagenesses to grant unto them that they may elect +yearly two reputable men, the one a limner, the other a text- +writer, to be wardens of the said trades, and that the names of +the wardens so elected may be presented each year before the mayor +for the time being, and they be there sworn well and diligently to +oversee that good rule and governance is had and exercised by all +folks of the same trades in all works unto the said trades +pertaining, to the praise and good fame of the loyal good men of +the said trades and to the shame and blame of the bad and disloyal +men of the same. And that the same wardens may call together all +the men of the said trades honorably and peacefully when need +shall be, as well for the good rule and governance of the said +city as of the trades aforesaid. And that the same wardens, in +performing their due office, may present from time to time all the +defaults of the said bad and disloyal men to the chamberlain at +the Guildhall for the time being, to the end that the same may +there, according to the wise and prudent discretion of the +governors of the said city, be corrected, punished, and duly +redressed. And that all who are rebellious against the said +wardens as to the survey and good rule of the same trades may be +punished according to the general ordinance made as to rebellious +persons in trades of the said city [fines and imprisonment]. And +that it may please you to command that this petition, by your +sagenesses granted, may be entered of record for time to come, for +the love of God and as a work of charity." + +Gutenberg's printing press, which used movable type of small +blocks with letters on them, was brought to London in 1476 by a +mercer: William Caxton. It supplemented the text-writer and +monastic copyist. It was a wood and iron frame with a mounted +platform on which were placed small metal frames into which words +with small letters of lead had been set up. Each line of text had +to be carried from the type case to the press. Beside the press +were pots filled with ink and inking balls. When enough lines of +type to make a page had been assembled on the press, the balls +would be dipped in ink and drawn over the type. Then a sheet of +paper would be placed on the form and a lever pulled to press the +paper against the type. Linen usually replaced the more expensive +parchment for the book pages. + +The printing press made books more accessible to all literate +people. Caxton printed major English texts and some translations +from French and Latin. He commended different books to various +kinds of readers, for instance, for gentlemen who understand +gentleness and science, or for ladies and gentlewomen, or to all +good folk. There were many cook books in use. There were convex +eyeglasses for reading and concave ones for distance to correct +near-sightedness. The first public library in London was +established from a bequest in a will in 1423. + +Many carols were sung at the Christian festival of Christmas. +Ballads were sung on many features of social life of this age of +disorder, hatred of sheriffs, but faith in the King. The legend of +Robin Hood was popular. Town miracle plays on leading incidents of +the Bible and morality plays were popular. Vintners portrayed the +miracle of Cana where water was turned into wine and Goldsmiths +ornately dressed the three Kings coming from the east. In York, +the building of Noah's Ark was performed by the Shipwrights and +the Flood performed by the Fishery and Mariners. Short pantomimes +and disguising, forerunners of costume parties, were good +recreation. Games of cards became popular as soon as cards were +introduced. The king, queen, and jack were dressed in contemporary +clothes. Men bowled, kicked footballs, and played tennis. In +London, Christmas was celebrated with masques and mummings. There +was a great tree in the main market place and evergreen +decorations in churches, houses, and streets. There were also +games, dances, street bonfires in front of building doors, and +general relaxation of social controls. Sometimes there was drunken +licentiousness and revelry, with peasants gathering together to +make demands of lords for the best of his goods. May Day was +celebrated with crowns and garlands of spring flowers. The village +May Day pageant was often presided over by Robin Hood and Maid +Marion. + +People turned to mysticism to escape from the everyday violent +world. They read works of mystics, such as "Scale of Perfection" +and "Cloud of Unknowing", the latter describing how one may better +know God. They believed in magic and sorcery, but had no religious +enthusiasm because the church was engendering more disrespect. +Monks and nuns had long ago resigned spiritual leadership to the +friars; now the friars too lost much of their good reputation. The +monks became used to life with many servants such as cooks, +butlers, bakers, brewers, barbers, laundresses, tailors, +carpenters, and farm hands. The austerity of their diet had +vanished. The schedule of divine services was no longer followed +by many and the fostering of learning was abandoned. Into +monasteries drifted the lazy and miserable. Nunneries had become +aristocratic boarding houses. The practice of taking sanctuary was +abused; criminals and debtors sought it and were allowed to +overstay the 40-day restriction and to leave at night to commit +robberies. There were numerous chaplains, who were ordained +because they received pay from private persons for saying masses +for the dead; having to forego wife and family, they had much +leisure time for mischief. Church courts became corrupt, but +jealously guarded their jurisdiction from temporal court +encroachment. Peter's Pence was no longer paid by the people, so +the burden of papal exaction fell wholly on the clergy. But the +church was rich and powerful, paying almost a third of the whole +taxation of the nation and forming a majority in the House of +Lords. Many families had kinsmen in the clergy. Even the lowest +cleric or clerk could read and write in Latin. + +People relied on saint's days as reference points in the year, +because they did not know dates of the year. But townspeople knew +the hour and minute of each day, because mechanical clocks were in +all towns and in the halls of the well-to-do. This increased the +sense of punctuality and highered standards of efficiency. + +A linguistic unity and national pride was developing. London +English became the norm and predominated over rural dialects. +Important news was announced and spread by word of mouth in market +squares and sometimes in churches. As usual, traders provided one +of the best sources of news; they maintained an informal network +of speedy messengers and accurate reports because political +changes so affected their ventures. News also came from pedlars, +who visited villages and farms to sell items that could not be +bought in the local village. These often included scissors, +eyeglasses, colored handkerchiefs, calendars, fancy leather goods, +watches, and clocks. Peddling was fairly profitable because of the +lack of competition. But pedlars were often viewed as tramps and +suspected of engaging in robbery as well as peddling. + +A royal post service was established by relays of mounted +messengers. The first route was between London and the Scottish +border, where there were frequent battles for land between the +Scotch and English. + +The inland roads from town to town were still rough and without +signs. A horseman could make up to 40 miles a day. Common carriers +took passengers and parcels from various towns to London on +scheduled journeys. Now the common yeoman could order goods from +the London market, communicate readily with friends in London, and +receive news of the world frequently. Trade with London was so +great and the common carrier so efficient in transporting goods +that the medieval fair began to decline. First the Grocers and +then the Mercers refused to allow their members to sell goods at +fairs. There was much highway robbery. Most goods were still +transported by boats along the coasts, with trading at the ports. + +Embroidery was exported. Imported were timber, pitch, tar, potash +[for cloth-dying], furs, silk, satin, gold cloth, damask cloth, +furred gowns, gems, fruit, spices, and sugar. Imports were +restricted by national policy for the purpose of protecting native +industries. + +English single-masted ships began to be replaced by two or three +masted ships with high pointed bows to resist waves and sails +enabling the ship to sail closer to the wind. 200 tuns was the +usual carrying capacity. The increase in trade made piracy, even +by merchants, profitable and frequent until merchant vessels began +sailing in groups for their mutual protection. The astrolabe was +used for navigation by the stars. + +Consuls were appointed to assist English traders abroad. + +Henry IV appointed the first admiral of the entire nation and +resolved to create a national fleet of warships instead of using +merchant ships. In 1417, the war navy had 27 ships. In 1421, +Portsmouth was fortified as a naval base. Henry V issued the +orders that formed the basic law of English admiralty and +appointed surgeons to the navy and army. He was the last true +warrior King. + +For defense of the nation, especially the safeguard of the seas, +Parliament allotted the king for life, 3s. for every tun of wine +imported and an additional 3s. for every tun of sweet wine +imported. From about 1413, tunnage on wine and poundage on +merchandise were duties on goods of merchants which were regularly +granted by Parliament to the king for life for upkeep of the Navy. +Before this time, such duties had been sporadic and temporary. + +The most common ailments were eye problems, aching teeth, +festering ears, joint swelling and sudden paralysis of the bowels. +Epidemics broke out occasionally in the towns in the summers. The +plague swept London in 1467 and the nation in 1407, 1445, and +1471. Leprosy disappeared. + +Infirmaries were supported by a tax of the king levied on nearby +counties. The walls, ditches, gutters, sewers, and bridges on +waterways and the coast were kept in repair by laborers hired by +commissions appointed by the Chancellor. Those who benefited from +these waterways were taxed for the repairs in proportion to their +use thereof. + +Alabaster was sculptured into tombs surmounted with a recumbent +effigy of the deceased, and effigies of mourners on the sides. Few +townsmen choose to face death alone and planned memorial masses to +be sung to lift his soul beyond Purgatory. Chantries were built by +wealthy men for this purpose. + +Chemical experimentation was still thought to be akin to sorcery, +so was forbidden by King Henry IV in 1404. + +Gold was minted into coins: noble, half noble, and farthing. + +King Henry IV lost power to the Commons and the Lords because he +needed revenue from taxes and as a usurper King, he did not carry +the natural authority of a King. The Commons acquired the right to +elect its own speaker. The lords who helped the usurpation felt +they should share the natural power of the kingship. The council +became the instrument of the Lords. Also, the Commons gained power +compared to the nobility because many nobles had died in war. The +consent of the Commons to legislation became so usual that the +justices declared that it was necessary. The Commons began to see +itself as representative of the entire commons of the realm +instead of just their own counties. Its members had the freedom to +consider and debate every matter of public interest, foreign or +domestic, except for church matters. The Commons, the poorest of +the three estates, established an exclusive right to originate all +money grants to the king in 1407. The Speaker of the Commons +announced its money grant to the king only on the last day of the +parliamentary session, after the answers to its petitions had been +declared, and after the Lords had agreed to the money grant. It +tied its grants by rule rather than just practice to certain +appropriations. For instance, tunnage and poundage were +appropriated for naval defenses. Wool customs went to the +maintenance of Calais, a port on the continent, and defense of the +nation. It also put the petitions in statutory form, called +"bills", to be enacted after consideration and amendment by all +without alteration. Each house had a right to deliberate in +privacy. In the Commons, members spoke in the order in which they +stood up bareheaded. Any member of Parliament or either house or +the king could initiate a bill. Both houses had the power to amend +or reject a bill. There were conferences between select committees +of both houses to settle their differences. The Commons required +the appointment of auditors to audit the King's accounts to ensure +past grants had been spent according to their purpose. It forced +the King's council appointees to be approved by Parliament and to +be paid salaries. About 1430, kings' councilors were required to +take an oath not to accept gifts of land, not to maintain private +suits, not to reveal secrets, and not to neglect the kings' +business. A quorum was fixed and rules made for removal from the +council. For the next fifty years, the council was responsible +both to the king and to Parliament. This was the first +encroachment on the King's right to summon, prorogue, or dismiss a +Parliament at his pleasure, determine an agenda of Parliament, +veto or amend its bills, exercise his discretion as to which lords +he summoned to Parliament, and create new peers by letters patent +[official public letters]. Parliament was affected by the +factionalism of the times. The speaker of the commons was often an +officer of some great lord. In 1426, the retainers of the barons +in Parliament were forbidden to bear arms, so they appeared with +clubs on their shoulders. When the clubs were forbidden, they came +with stones concealed in their clothing. + +Kings created dukes and marquesses to be peers. A duke was given +creation money or allowance of 40 pounds a year. A marquess was +given 35 pounds. These new positions could not descend to an +heiress, unlike a barony or earldom. An earl was given 20 pounds, +which probably took the place of his one-third from the county. +King Henry VI gave the title of viscount to several people; it had +an allowance of 13.3 pounds and was above baron. It allowed them +to be peers. There were about 55 peers. In King Edward IV's reign, +the king's retinue had about 16 knights, 160 squires, 240 yeomen, +clerks, grooms, and stablemen. The suitable annual expense of the +household of the king was 13,000 pounds for his retinue of about +516 people, a duke 4,000 pounds for about 230 people, a marquess +3,000 pounds for about 224 people, an earl 2,000 pounds for about +130 people, a viscount 1,000 pounds for about 84 people, a baron +500 pounds for about 26 people, a banneret [a knight made in the +field, who had a banner] 200 pounds for about 24 people, a knight +bachelor 100 pounds for about 16 people, and a squire 50 pounds +for about 16 people. Of a squire's 50 pounds, about 25 pounds were +spent in food, repairs and furniture 5, on horses, hay, and +carriage 4, on clothes, alms and oblations 4, wages 9, livery of +dress 3, and the rest on hounds and the charges of harvest and +hay-time. Many servants of the household of the country gentleman +were poor relations. They might by education and accomplishment +rise into the service of a baron who could take him to court and +make his fortune. + +Barons' households also included steward, chaplains, treasurer, +accountants, chamberlain, carvers, servers, cupbearers, pages, and +even chancellor. They were given wages and clothing allowances and +had meals in the hall at tables according to their degree. + +The authority of the King's privy seal had become a great office +of state which transmitted the King's wishes to the Chancery and +Exchequer, rather than the King's personal instrument for sealing +documents. Now the king used a signet kept by his secretary as his +personal seal. Edward IV made the household office of secretary, +who had custody the king's signet seal, a public office. The +secretary was generally a member of the council. Edward IV +invented the benevolence, a gift wrung from wealthy subjects. + +King Edward IV introduced an elaborate spy system, the use of the +rack to torture people to give information, and other +interferences with justice, all of which the Tudor sovereigns +later used. Torture was used to discover facts, especially about +co-conspirators, rather than to elicit a confession, as on the +continent. It was only used on prisoners held in the Tower of +London involved in state trials and could only be authorized by +the king's closest councilors in virtue of the royal prerogative. +The rack stretched the supine body by the wrists and legs with +increasing agony at the joints until the limbs were dislocated. +Some victims were permanently crippled by it; others died on it. +Most told what they knew, often at the very sight of the rack. +Torture was forbidden in the common law, which favored an +accusatorial system, in which the accuser had to prove guilt, +rather than an inquisitional system, in which the accused had to +prove innocence. Edward IV applied martial law to ordinary cases +of high treason by extending the jurisdiction of the politically- +appointed High Constable of England to these cases, thus depriving +the accused of trial by jury. He executed many for treason and +never restored their forfeited land to their families, as had been +the usual practice. + +King Richard III prohibited the seizure of goods before conviction +of felony. He also liberated the unfree villeins on royal estates. + +It was declared under Parliamentary authority that there was a +preference for the Crown to pass to a King's eldest son, and to +his male issue after him. Formerly, a man could ascend to the +throne through his female ancestry as well. + + + + - The Law - + +The forcible entry statute is expanded to include peaceful entry +with forcible holding after the justices arrived and to forcible +holding with departure before the justices arrived. Penalties are +triple damages, fine, and ransom to the King. A forceful +possession lasting three years is exempt. + +By common law, a tenant could not take away buildings or fixtures +he built on land because it would be wasteful. This applied to +agricultural fixtures, but not to other trade fixtures. Also at +common law, if a person had enjoyed light next to his property for +at least 20 years, no one could build up the adjacent land so that +the light would be blocked. + +Women of age fourteen or over shall have livery of their lands and +tenements by inheritance without question or difficulty. + +Purposely cutting out another's tongue or putting out another's +eyes is a felony [penalty of loss of all property]. + +No one may keep swans unless he has lands and tenements of the +estate of freehold to a yearly value of 67s., because swans of the +King, lords, knights, and esquires have been stolen by yeomen and +husbandmen. + +The wage ceiling for servants is: bailiff of agriculture 23s.4d. +per year, and clothing up to 5s., with meat and drink; chief +peasant, a carter, chief shepherd 20s. and clothing up to 4s., +with meat and drink; common servant of agriculture 15s., and +clothing up to 3s.4d.; woman servant 10s., and clothing up to 4s., +with meat and drink; infant under fourteen years 6s., and clothing +up to 3s., with meat and drink. Such as deserve less or where +there is a custom of less, that lesser amount shall be given. + +For laborers at harvest time: mower 4d. with meat and drink or 6d. +without; reaper or carter: 3d. with or 5d. without; woman laborer +and other laborers: 2d with and 4d. without. + +The ceiling wage rate for craftsmen per day is: free mason or +master carpenter 4d. with meat & drink or 5d. without; master +tiler or slater, rough mason, and mesne [intermediary] carpenter +and other artificiers in building 3d. with meat and drink or 4d. +without; every other laborer 2d. with meat and drink or 3d. +without. In winter the respective wages were less: mason category: +3d. with or 4d. without; master tiler category: 2d. with or 4d. +without; others: 1d. with or 3d. without meat and drink. + +Any servant of agriculture who is serving a term with a master and +covenants to serve another man at the end of this term and that +other man shall notify the master by the middle of his term so he +can get a replacement worker. Otherwise, the servant shall +continue to serve the first master. + +No man or woman may put their son or daughter to serve as an +apprentice in a craft within any borough, but may send the child +to school, unless he or she has land or rent to the value of 20s. +per year. [because of scarcity of laborers and other servants of +agriculture] + +No laborer may be hired by the week. + +Masons may no longer congregate yearly, because it has led to +violation of the statute of laborers. + +No games may be played by laborers because they lead to [gambling +and] murders and robberies. + +Apparel worn must be appropriate to one's status to preserve the +industry of agriculture. The following list of classes shows the +lowest class, which could wear certain apparel: + +1. Lords - gold cloth, gold corses, sable fur, purple silk + +2. Knights - velvet, branched satin, ermine fur + +3. Esquires and gentlemen with possessions to the value of + 800s. per year, daughters of a person who has possessions to + the value of 2,000s. a year - damask, silk, kerchiefs up to + 5s. in value. + +4. Esquires and gentlemen with possessions to the yearly + value of 800s. 40 pounds - fur of martron or letuse, gold or + silver girdles, silk corse not made in the nation, kerchief + up to 3s.4d in value + +5. Men with possessions of the yearly value of 40s. + excluding the above three classes - fustian, bustian, + scarlet cloth in grain + +6. Men with possessions under the yearly value of 40s. + excluding the first three classes - black or white lamb fur, + stuffing of wool, cotton, or cadas. + +7. Yeomen - cloth up to the value of 2s., hose up to the + value of 14s., a girdle with silver, kerchief up to 12d. + +8. Servants of agriculture, laborer, servant, country + craftsman - none of the above clothes + +Gowns and jackets must cover the entire trunk of the body, +including the private parts. Shoes may not have pikes over two +inches. + +Every town shall have at its cost a common balance with weights +according to the standard of the Exchequer. All citizens may weigh +goods for free. All cloth to be sold shall be sealed according to +this measure. + +There is a standard bushel of grain throughout the nation. + +There are standard measures for plain tile, roof tile, and gutter +tile throughout the nation. + +No gold or silver may be taken out of the nation. + +The price of silver is fixed at 30s. for a pound, to increase the +value of silver coinage, which has become scarce due to its higher +value when in plate or masse. + +A designee of the king will inspect and seal cloth with lead to +prevent deceit. Cloth may not be tacked together before +inspection. No cloth may be sold until sealed. + +Heads of arrows shall be hardened at the points with steel and +marked with the mark of the arrowsmith who made it, so they are +not faulty. + +Shoemakers and cordwainers may tan their leather, but all leather +must be inspected and marked by a town official before it is sold. + +Cordwainers shall not tan leather [to prevent deceitful tanning]. +Tanners who make a notorious default in leather which is found by +a cordwainer shall make a forfeiture. + +Defective embroidery for sale shall be forfeited. + +No fishing net may be fastened or tacked to posts, boats, or +anchors, but may be used by hand, so that fish are preserved and +vessels may pass. + +No one may import any articles which could be made in the nation, +including silks, bows, woolen cloths, iron and hardware goods, +harness and saddlery, except printed books. + +The following merchandise shall not be brought into the nation +already wrought: woolen cloth or caps, silk laces, ribbons, +fringes, and embroidery, gold laces, saddles, stirrups, harnesses, +spurs, bridles, gridirons, locks, hammers, fire tongs, dripping +pans, dice, tennis balls, points, purses, gloves, girdles, harness +for girdles of iron steel or of tin, any thing wrought of any +treated leather, towed furs, shoes, galoshes, corks, knives, +daggers, woodknives, thick blunt needles, sheers for tailors, +scissors, razors, sheaths, playing cards, pins, pattens [wooden +shoes on iron supports worn in wet weather], pack needles, painted +ware, forcers, caskets, rings of copper or of gilt sheet metal, +chaffing dishes, hanging candlesticks, chaffing balls, mass bells, +rings for curtains, ladles, skimmers, counterfeit felt hat moulds, +water pitchers with wide spouts, hats, brushes, cards for wool, +white iron wire, upon pain of their forfeiture. One half this +forfeiture goes to the king and the other half to the person +seizing the wares. + +No sheep may be exported, because being shorn elsewhere would +deprive the king of customs. + +No wheat, rye, or barley may be imported unless the prices are +such that national agriculture is not hurt. + +Clothmakers must pay their laborers, such as carders and +spinsters, in current coin and not in pins and girdles and the +like. + +The term "freemen" in the Magna Carta includes women. + +The election of a knight from a county to go to Parliament shall +be proclaimed by the sheriff in the full county so all may attend +and none shall be commanded to do something else at that time. +Election is to be by majority of the votes and its results will be +sealed and sent to Parliament. + +Electors and electees to Parliament must reside in the county or +be citizens or burgesses of a borough. To be an elector to +Parliament, a knight must reside in the county and have a freehold +of land or tenements there of the value of at least 40s. per year, +because participation in elections of too many people of little +substance or worth had led to homicides, assaults, and feuds. +(These "yeomen" were about one sixth of the population. Most +former electors and every leaseholder and every copyholder were +now excluded. Those elected for Parliament were still gentry +chosen by substantial freeholders.) + +London ordinances forbade placing rubbish or dung in the Thames +River or any town ditch or casting water or anything else out of a +window. The roads were maintained with tolls on carts and horses +bringing victuals or grains into the city and on merchandise +unloaded from ships at the port. No carter shall drive his cart +more quickly when it is unloaded than when it is loaded. No pie +bakers shall sell beef pies as venison pies, or make any meat pie +with entrails. To assist the poor, bread and ale shall be sold by +the farthing. + +Desertion by a soldier is penalized by forfeiture of all land and +property. + +The common law held that a bailee is entitled to possession +against all persons except the owner of the bailed property. + +Former justice Sir Thomas Littleton wrote a legal textbook +describing tenancies in dower; the tenures of socage, knight's +service, serjeanty, and burgage; estates in fee simple, fee tail, +and fee conditional; inheritance and alienation of land. For +instance, "Also, if feoffment be made upon such condition, that if +the feoffor pay to the feofee at a certain day, etc., 800s. forty +pounds of money, that then the feoffor may re-enter, etc., in this +case the feoffee is called tenant in mortgage, ... and if he doth +not pay, then the land which he puts in pledge upon condition for +the payment of the money is gone from him for ever, and so dead as +to the tenant, etc." + +Joint tenants are distinguished from tenants in common by +Littleton thus: "Joint-tenants are, as if a man be seised of +certain lands or tenements, etc., and thereof enfeoffeth two, or +three, or four, or more, to have and to hold to them (and to their +heirs, or letteth to them) for term of their lives, or for term of +another's life; by force of which feoffment or lease they are +seised, such are joint-tenants. ... And it is to be understood, +that the nature of joint-tenancy is, that he that surviveth shall +have solely the entire tenancy, according to such estate as he +hath, ..." "Tenants in common are they that have lands or +tenements in fee-simple, fee-tail, or for term of life, etc., the +which have such lands and tenements by several title, and not by +joint title, and neither of them knoweth thereof his severalty, +but they ought by the law to occupy such lands or tenements in +common pro indiviso [undivided], to take the profits in common. +...As if a man enfeoff two joint-tenants in fee, and the one of +them alien that which to him belongeth to another in fee, now the +other joint-tenant and the alienee are tenants in common, because +they are in such tenements by several titles, ..." + +There are legal maxims and customs of ancient origin which have +become well established and known though not written down as +statutes. Some delineated by Christopher St. Germain in "Doctor +and Student" in 1518 are: + +1. The spouse of a deceased person takes all personal and + real chattels of the deceased. + +2. For inheritance of land, if there are no descendant + children, the brothers and sisters take alike, and if there + are none, the next blood kin of the whole blood take, and if + none, the land escheats to the lord. Land may never ascend + from a son to his father or mother. + +3. A child born before espousals is a bastard and may not + inherit, even if his father is the husband. + +3. If a middle brother purchases lands in fee and dies + without heirs of his body, his eldest brother takes his + lands and not the younger brother. The next possible heir in + line is the younger brother, and the next after him, the + father's brother. + +4. For lands held in socage, if the heir is under 14, the + next friend to the heir, to whom inheritance may not + descend, shall have the ward of his body and lands until the + heir is 14, at which time the heir may enter. + +5. For lands held by knight's service, if the heir is under + 14, then the lord shall have the ward and marriage of the + heir until the heir is 21, if male, or 14 (changed to 16 in + 1285), if female. When of age, the heir shall pay relief. + +6. A lease for a term of years is a real chattel rather than + a free tenement, and may pass without livery of seisin. + +7. He who has possession of land, though it is by disseisin, + has right against all men but against him who has right. + +8. If a tenant is past due his rent, the lord may distrain + his beasts which are on the land. + +9. All birds, fowls, and wild beasts of the forest and + warren are excepted out of the law and custom of property. + No property may be had of them unless they are tame. + However, the eggs of hawks and herons and the like belong + to the man whose land they are on. + +10. If a man steals goods to the value of 12d., or above, it + is felony, and he shall die for it. If it is under the value + of 12d., then it is but petit larceny, and he shall not die + for it, but shall be punished at the discretion of the + judges. This not apply to goods taken from the person, which + is robbery, a felony punishable by death. + +11. If the son is attainted [convicted of treason or felony + with the death penalty and forfeiture of all lands and + goods] in the life of the father, and after he purchases his + charter of pardon of the King, and after the father dies; in + this case the land shall escheat to the lord of the fee, + insomuch that though he has a younger brother, yet the land + shall not descend to him: for by the attainder of the elder + brother the blood is corrupt, and the father in the law died + without heir. + +12. A man declared outlaw forfeits his profits from land and + his goods to the King. + +13. He who is arraigned upon an indictment of felony shall + be admitted, in favor of life, to challenge thirty-five + inquirers (three whole inquests would have thirty-six) + peremptorily. With cause, he may challenge as many as he has + cause to challenge if he can prove it. Such peremptory + challenge shall not be admitted in a private suit. + +14. An accessory shall not be put to answer before the + principal. + +15. If a man commands another to commit a trespass, and he + does it, the one who made the command is a trespasser. + +16. The land of every man is in the law enclosed from other, + though it lies in the open field, and a trespasser in it + may be brought to court. + +17. Every man is bound to make recompense for such hurt as + his beasts do in the growing grain or grass of his neighbor, + though he didn't know that they were there. + +18. If two titles are concurrent together, the oldest title + shall be preferred. + +19. He who recovers debt or damages in the King's court when + the person charged is not in custody, may within a year + after the judgment take the body of the defendant, and + commit him to prison until he has paid the debt and damages. + +20. If the demandant or plaintiff, hanging his writ (writ + pending in court), will enter into the thing demanded, his + writ shall abate. + +21. By the alienation of the tenant, hanging the writ, or + his entry into religion, or if he is made a knight, or she + is a woman and takes a husband hanging the writ, the writ + shall not abate. + +22. The king may disseise no man and no man may disseise the + king, nor pull any reversion or remainder out of him. + + + + - Judicial Procedure - + +The prohibition against maintenance was given penalties in 1406 of +100s. per person for a knight or lower giving livery of cloth or +hats, and of 40s. for the receiver of such. A person who brought +such suit to court was to be given half the penalty. The Justices +of Assize and King's Bench were authorized to inquire about such +practices. The statute explicitly included ladies and any writing, +oath, or promise as well as indenture. Excepted were guilds, +fraternities, and craftsmen of cities and boroughs which were +founded on a good purpose, universities, the mayor and sheriffs of +London, and also lords, knights, and esquires in time of war. A +penalty of one year in prison without bail was given. In 1468, +there was a penalty of 100s. per livery to the giver of such, +100s. per month to the retainer or taker of such, and 100s. per +month to the person retained. Still this law was seldom obeyed. + +People took grievances outside the confines of the rigid common +law to the Chancellor, who could give equitable remedies under +authority of a statute of 1285 (described in Chapter 8). The +Chancery heard many cases of breach of faith in the "use", a form +of trust in which three parties were involved: the holder of land, +feofees to whom the holder had made it over by conveyance or +"bargain and sale", and the beneficiary or receiver of the profits +of the land, who was often the holder, his children, relatives, +friends, an institution, or a corporation. This system of using +land had been created by the friars to get around the prohibition +against holding property. Lords and gentry quickly adopted it. The +advantages of the use were that 1) there was no legal restriction +to will away the beneficial interest of the use although the land +itself could not be conveyed by will; 2) it was hard for the king +to collect feudal incidents because the feoffees were often +unknown 3) the original holder was protected from forfeiture of +his land in case of conviction of treason if the Crown went to +someone he had not supported. Chancery gave a remedy for dishonest +or defaulting feofees. + +Chancery also provided the equitable relief of specific +performance in disputes over agreements, for instance, conveyance +of certain land, whereas the common law courts awarded only +monetary damages by the writ of covenant. + +Chancery ordered accounts to be made in matters of foreign trade +because the common law courts were limited to accounts pursuant to +transactions made within the nation. It also involved itself in +the administration of assets and accounting of partners to each +other. + +The Chancellor took jurisdiction of cases of debt, detinue, and +account which had been decided in other courts with oath-helping +by the defendant. He did not trust the reliance on friends of the +defendant swearing that his statement made in his defense was +true. An important evidentiary difference between procedures of +the Chancery and the common law courts was that the Chancellor +could orally question the plaintiff and the defendant under oath. +He also could order persons to appear at his court by subpoena +[under pain of punishment, such as a heavy fine]. + +Whereas the characteristic award of the common law courts was +seisin of land or monetary damages, Chancery often enjoined +certain action. Because malicious suits were a problem, the +Chancery identified such suits and issued injunctions against +taking them to any court. + +The Chancery was given jurisdiction by statute over men of great +power taking by force women who had lands and tenements or goods +and not setting them free unless they bound themselves to pay +great sums to the offenders or to marry them. A statute also gave +Chancery jurisdiction over servants taking their masters' goods at +his death. + +Justices of the Peace, appointed by the Crown, investigated all +riots and arrested rioters, by authority of statute. If they had +departed, the Justices certified the case to the King. The case +was then set for trial first before the king and his council and +then at the King's Bench. If the suspected rioters did not appear +at either trial, they could be convicted for default of +appearance. If a riot was not investigated and the rioters sought, +the Justice of the Peace nearest forfeited 2,000s. Justices of the +peace were not paid. For complex cases and criminal cases with +defendants of high social status, they deferred to the Justices of +Assize, who rode on circuit once or twice a year. Since there was +no requirement of legal knowledge for a Justice of the Peace, many +referred to the "Boke of the Justice of the Peas" compiled about +1422 for them to use. Manor courts still formally admitted new +tenants, registered titles, sales of land and exchanges of land, +and commutation of services, enrolled leases and rules of +succession, settled boundary disputes, and regulated the village +agriculture. + +All attorneys shall be examined by the royal justices for their +learnedness in the law and, at their discretion, those that are +good and virtuous shall be received to make any suit in any royal +court. These attorneys shall be sworn to serve well and truly in +their offices. + +Attorneys may plead on behalf of parties in the hundred courts. + +A qualification for jurors was to have an estate to one's own use +or one of whom other persons had estates of fee simple, fee tail, +or freehold in lands and tenements, which were at least 40s. per +year in value. In a plea of land worth at least 40s. yearly or a +personal plea with relief sought at least 800s., jurors had to +have land in the bailiwick to the value of at least 400s., because +perjury was considered less likely in the more sufficient men. + +In criminal cases, there were many complaints made that the same +men being on the grand assize and petty assize was unfair because +prejudicial. So it became possible for a defendant to challenge an +indictor for cause before the indictor was put on the petty +assize. Then the petty assize came to be drawn from the country at +large and was a true petty or trial jury. Jurors were separated +from witnesses. + +Justices of the Peace were to have lands worth 267s. yearly, +because those with less had used the office for extortion and lost +the respect and obedience of the people. + +A Sheriff was not to arrest, but to transfer indictments to the +Justices of the Peace of the county. He had to reside in his +bailiwick. The sheriff could be sued for misfeasance such as +bribery in the King's court. + +Impeachment was replaced with bill of attainder during the swift +succession of parliaments during the civil war. This was a more +rapid and efficient technique of bringing down unpopular ministers +or political foes. There was no introduction of evidence, nor +opportunity for the person accused to defend himself, nor any +court procedure, as there was with impeachment. + +An example of a case of common law decided by Court of King's +Bench is Russell's Case (1482) as follows: + +In the king's bench one Thomas Russell and Alice his wife brought +a writ of trespass for goods taken from Alice while she was +single. The defendant appeared and pleaded not guilty but was +found guilty by a jury at nisi prius, which assessed the damages +at 20 pounds. Before the case was next to be heard in the King's +Court an injunction issued out of the Chancery to the plaintiffs +not to proceed to judgment, on pain of 100 pounds, and for a long +time judgment was not asked for. Then Hussey CJKB. asked Spelman +and Fincham, who appeared for the plaintiff if they wanted to ask +for judgment according to the verdict. Fincham [P]: We would ask +for judgment, except for fear of the penalty provided for in the +injunction, for fear that our client will be imprisoned by the +Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment +in spite of the injunction, for if it is addressed to the +plaintiff his attorney can ask for judgment, and vice versa. +Hussey, CJKB: We have consulted together on this matter among +ourselves and we see no harm which can come to the plaintiff if he +proceeds to judgment. The law will not make him pay the penalty +provided in the injunction. If the Chancellor wants to imprison +him he must send him to the Fleet Prison, and, as soon as you are +there you will inform us and we shall issuea habeas corpus +returnable before us, and when you appear before us we shall +discharge you, so you will not come to much harm, and we shall do +all we can for you. Nevertheless, Fairfax said he would go to the +Chancellor and ask him if he would discharge the injunction. And +they asked for judgment and it was held that they should recover +their damages as assessed by the jury, but they would not give +judgment for damages caused by the vexation the plaintiff suffered +through the Chancery injunction. And they said that if the +Chancellor would not discharge the injunction, they would give +judgment if the plaintiff would ask for it. + +An example of a petition to chancery in the 15th century is +Hulkere v. Alcote, as follows: + +To the right reverend father in God and gracious lord bishop of +Bath, chancellor of England, your poor and continual bedwoman Lucy +Hulkere, widow of Westminster, most meekly and piteously +beseeches: that whereas she has sued for many years in the King's +Bench and in the Common Pleas for withholding diverse charters and +evidences of land, leaving and delaying her dower of the manor of +Manthorpe in Lincolnshire and also of the manor of Gildenburton in +Northamptonshire, together with the withdrawing of her true goods +which her husband gave her on his deathbed to the value of 100 +pounds and more, under record of notary, sued against Harry Alcote +and Elizabeth of the foresaid Gildenburton within the same county +of Northampton. And by collusion and fickle counsel of the +foresaid Harry and Elizabeth his mother there was led and shown +for him within the Common Pleas a false release, sealed, to void +and exclude all her true suit by record of true clerks and +attorneys of the aforesaid Common Pleas. Of the which false +release proved she has a copy to show. [All this is] to her great +hindrance and perpetual destruction unless she have help and +remedy by your righteous and gracious lordship in this matter at +this time. That it please your noble grace and pity graciously to +grant a writ subpena to command the foresaid Henry Alcote and +Elizabeth Alcote to come before your presence by a certain day by +you limited in all haste that they may come to Westminster to +answer to this matter abovesaid, for love of God and adeed of +charity, considering graciously that the foresaid Harry Alcote, +with another fellow of his affinity who is not lately hanged for a +thief in Franceled her into a garden at Gildenburton and put her +down on the ground, laying upon her body a board and a summer +saddle and great stones upon the board, the foresaid Harry Alcote +sitting across her feet and the other at her head for to have +slain her and murdered her, and by grace of our lady her mother- +in-law out walking heard a piteous voice crying and by her +goodness she was saved and delivered, and otherwise would be dead. +Pledges to prosecute: John Devenshire of Berdevyle in Essex and +James Kelom of London. Returnable in Michaelmas term. + + + + + + - - - Chapter 11 - - - + + + + - The Times: 1485-1509 - + +Henry Tudor and other exiles defeated and killed Richard III on +Bosworth field, which ends the civil War of the Roses between the +Lancaster and York factions. As King, Henry VII restored order to +the nation. He was readily accepted as king because he was +descended from the Lancaster royal line and he married a woman +from the York royal line. Henry was intelligent and sensitive. He +weighed alternatives and possible consequences before taking +action. He was convinced by reason on what plans to make. His +primary strategy was enacting and enforcing statutes to shore up +the undermined legal system, which includes the establishment of a +new court: the Court of the Star Chamber, to obtain punishment of +persons whom juries were afraid to convict. It had no jury and no +grand jury indictment. For speed and certainty, it tried people +"ex officio": by virtue of its office. Suspects were required to +take an oath ex officio, by which they swore to truthfully answer +all questions put to them. A man could not refuse to answer on the +grounds of self-incrimination. The Star Chamber was the room in +which the King's council had met since the 1300s. In his reign of +24 years, Henry applied himself diligently to the details of the +work of government to make it work well. He strengthened the +monarchy, shored up the legal system to work again, and provided a +peace in the land in which a renaissance of the arts and sciences, +culture, and the intellectual life could flourish. + +The most prevalent problems were: murder, robbery, rape or forced +marriage of wealthy women, counterfeiting of coin, extortion, +misdemeanors by sheriffs and escheators, bribing of sheriffs and +jurors, perjury, livery and maintenance agreements, idleness, +unlawful plays, and riots. Interference with the course of justice +was not committed only by lords on behalf of their retainers; men +of humbler station were equally prone to help their friends in +court or to give assistance in return for payment. Rural juries +were intimidated by the old baronage and their armed retinues. +Juries in municipal courts were subverted by gangs of townsmen. +Justices of the Peace didn't enforce the laws. The agricultural +work of the nation had been adversely affected. + +Henry made policy with the advice of his council and had +Parliament enact it into legislation. He dominated Parliament by +having selected most of its members. Many of his council were sons +of burgesses and had been trained in universities. He chose +competent and especially trusted men for his officers and +commanders of castles and garrison. The fact that only the king +had artillery deterred barons from revolting. Also, the baronial +forces were depleted due to civil War of the Roses. If Henry +thought a magnate was exercising his territorial power to the +King's detriment, he confronted him with an army and forced him to +bind his whole family in recognizances for large sums of money to +ensure future good conduct. Since the king had the authority to +interpret these pledges, they were a formidable check on any +activity which could be considered to be disloyal. The earl of +Kent, whose debts put him entirely at the King's mercy, was bound +to "be seen daily once in the day within the King's house". Henry +also required recognizances from men of all classes, including +clergy, captains of royal castles, and receivers of land. The +higher nobility now consisted of about twenty families. The heavy +fines by the Star Court put an end to conspiracies to defraud, +champerty [an agreement with a litigant to pay costs of litigation +for a share in the damages awarded], livery, and maintenance. The +ties between the nobility and the Justices of the Peace had +encouraged corruption of justice. So Henry appointed many of the +lesser gentry and attorneys as Justices of the Peace. Also he +appointed a few of his councilors as non-resident Justices of the +Peace. There were a total of about thirty Justices of the Peace +per county. Their appointments were indefinite and most remained +until retirement or death. Henry instituted the Yeomen of the +Guard to be his personal bodyguards night and day. + +Many bills of attainder caused lords to lose their land to the +King. Most of these lords had been chronic disturbers of the +peace. Henry required retainers to be licensed, which system +lasted until about 1600. Henry was also known to exhaust the +resources of barons he suspected of disloyalty by accepting their +hospitality for himself and his household for an extended period +of time. + +Henry built up royal funds by using every available procedure of +government to get money, by maximizing income from royal estates +by transferring authority over them from the Exchequer to +knowledgeable receivers, and from forfeitures of land and property +due to attainders of treason. He also personally reviewed all +accounts and initialed every page, making sure that all payments +were made. He regularly ordered all men with an income of 800s. +[40 pounds] yearly from lands or revenue in hand to receive +knighthoods, which were avoided by those who did not want to +fight, or pay a high fee. As a result, the Crown became rich and +therefore powerful. + +Henry's Queen, Elizabeth, was a good influence on his character. +Her active beneficence was a counteracting influence to his +avaricious predisposition. When Henry and his Queen traveled +through the nation, they often stopped to talk to the common +people. They sometimes gave away money, such as to a man who had +lost his hand. Henry paid for an intelligent boy he met to go to +school. + +Henry had the first paper mill erected in the nation. He fostered +the reading of books and the study of Roman law, the classics, and +the Bible. He had his own library and gave books to other +libraries. + +The age of entry to university was between 13 and 16. It took four +years' study of grammar, logic, and rhetoric to achieve the +Bachelor of Arts degree and another five before a master could +begin a specialized study of the civil law, canon law, theology, +or medicine. Arabic numbers replaced Roman numerals, making +multiplication and division possible. Humanist studies were +espoused by individual scholars at the three centers of higher +learning: Oxford University, Cambridge University, and the Inns of +Court in London. The Inns of Court attracted the sons of gentry +and merchants pursuing practical and social accomplishments. The +text of 'readings' to members of the inns survive from this time. +In the legalistic climate of these times, attorneys were +prosperous. + +The enclosure of land by hedges for sheep farming continued, +especially by rich merchants who bought country land for this +purpose. Often this was land that had been under the plough. Any +villeins were given their freedom and they and the tenants at will +were thrown off it immediately. That land held by copyholders of +land who had only a life estate, was withheld from their sons. +Only freeholders and copyholders with the custom of the manor in +their favor were secure against eviction. But they could be +pressured to sell by tactics such as breeding rabbits or keeping +geese on adjoining land to the detriment of their crops, or +preventing them from taking their traditional short cuts across +the now enclosed land to their fields. The real line of +distinction between rural people was one of material means instead +of legal status: free or unfree. On one extreme was the well-to-do +yeoman farmer farming his own land. On the other extreme was the +agricultural laborer working for wages. Henry made several +proclamations ordering certain enclosures to be destroyed and +tillage to be restored. + +Other land put to use for sheep breeding was waste land. There +were three sheep to every person. The nearby woodlands no longer +had wolves or lynx who could kill the sheep. Bears and elk are +also gone. + +There were still deer, wild boar, wildcats and wild cattle in vast +forests for the lords to hunt. Wood was used for houses, arms, +carts, bridges, and ships. + +The villages were still isolated from each other, so that a +visitor from miles away was treated as warily as a foreigner. Most +people lived and died where they had been born. A person's dialect +indicated his place of origin. The life of the village still +revolved around the church. In some parishes, its activities were +highly organized, with different groups performing different +functions. For example, the matrons looked after a certain altar; +the maidens raised money for a chapel or saw to the gilding of the +images; the older men collected money for church repair; and the +younger men organized the church ales and the church plays. Wills +often left property or rents from leased land to the church. Cows +and sheep given could be leased out to villagers. Buildings given +could be leased out, turned over to the poor, used to brew ale or +bake bread for church ales, or used in general as a place for +church activities. Church ales would usually a good source of +income; alehouses would be closed during the ceremonies and +parishioners would contribute malt for the ale and grain, eggs, +butter, cheese, and fruits. + +The largest town, London, had a population of about 70,000. Other +towns had a population less than 20,000. The population was +increasing, but did not reach the level of the period just before +the black death. + +In most large towns, there were groups of tailors and hatmakers, +glovers, and other leatherworkers. Some towns had a specialization +due to their proximity to the sources of raw materials, such as +nails, cutlery, and effigies and altars. Despite the spread of +wool manufacturing to the countryside, there was a marked increase +of industry and prosperity in the towns. The principal streets of +the larger towns were paved with gravel. Guild halls became +important and imposing architecturally. + +A large area of London was taken up by walled gardens of the +monasteries and large mansions. There were some houses of stone +and timber and some mansions of brick and timber clustered around +palaces. In these, bedrooms increased in number, with rich bed +hangings, linen sheets, and bolsters. Bedspreads were introduced. +Nightgowns were worn. Fireplaces became usual in all the rooms. +Tapestries covered the walls. Carpets were used in the private +rooms. Some of the great halls had tiled floors. The old trestle +tables were replaced by tables with legs. Benches and stools had +backs to lean on. Women and men wore elaborate headdresses. There +are guilds of ironmongers, salters, and haberdashers [hats and +caps]. On the outer periphery are mud and straw taverns and +brothels. Houses are beginning to be built outside the walls along +the Thames because the collapse of the power of the great feudal +lords decreased the fear of an armed attack on London. The +merchants introduced this idea of living at a distance from the +place of work so that they could escape living in the narrow, +damp, and dark lanes of the City and have more light and space. +Indeed no baronial army ever threatened the king again. East of +London were cattle pastures, flour mills, bakers, cloth-fulling +mills, lime burners, brick and tile makers, bell-founders, and +ship repairing. There was a drawbridge on the south part of London +Bridge for defense and to let ships through. Water sports were +played on the Thames such as tilting at each other with lances +from different boats. + +The Tailors' and Linen Armorers' Guild received a charter in 1503 +from the king as the "Merchant Tailors" to use all wares and +merchandise, especially wool cloth, as well wholesale as retail, +throughout the nation. Some schooling was now being made +compulsory in certain trades; the goldsmiths' company made a rule +that all apprentices had to be able to read and write. + +A yeoman was the second-rank person of some importance, below a +knight, below a gentleman, below a full member of a guild. In +London, it meant the journeyman or second adult in a small +workshop. These yeomen had their own fraternities and were often +on strike. Some yeomen in the large London industries, e.g. +goldsmiths, tailors, clothworkers, who had served an +apprenticeship started their own businesses in London suburbs +outside the jurisdiction of their craft to search them. + +The Merchant Adventurers created a London fellowship confederacy +to make membership of their society and compliance with its +regulations binding on all cloth traders and to deal with common +interests and difficulties such as taxation, relations with +rulers, and dangers at sea. They made and enforced trading rules, +chartered fleets, and organized armed convoys when the seas were +unsafe and coordinated policies with Henry VII. Membership could +be bought for a large fee or gained by apprenticeship or by being +the son of a member. + +Foreign trade was revived because it was a period of comparative +peace. The nation sought to sell as much as possible to foreign +nations and to buy at little as possible and thereby increase its +wealth in gold and silver, which could be used for currency. + +Ships weighed 200 tons and had twice the cargo space they had +previously. Their bows were more pointed and their high prows made +them better able to withstand gales. The mariners' compass with a +pivoting needle and circular dial with a scale was introduced. The +scale gave precision to directions. Ships had three masts. On the +first was a square sail. On the second was a square sail with a +small rectangular sail above it. On the third was a three cornered +lateen sail. These sails make it possible to sail in almost any +direction. This opened the seas of the world to navigation. At +this time navigators kept their knowledge and expertise secret +from others. Adventurous seamen went on voyages of discovery, such +as John Cabot to North America in 1497, following Italian +Christopher Columbus' discovery of the new world in 1492. +Ferdinand Magellan of Portugal circumnavigated the world in 1519, +proving uncontrovertedly that the earth was spherical rather than +flat. Sailors overcame their fear of tumbling into one of the +openings into hell that they believed were far out into the +Atlantic Ocean and ceased to believe that a red sunset in the +morning was due to a reflection from hell. Seamen could venture +forth into the darkness of the broad Atlantic Ocean with a fair +expectation of finding their way home again. They gradually +learned that there were no sea serpents or monsters that would +devour foolhardy mariners. They learned to endure months at sea on +a diet of salt beef, beans, biscuits, and stale water and the bare +deck for a bed. But there were still mutinies and disobedient +pilots. Mortality rates among seamen were high. Theologians had to +admit that Jerusalem was not the center of the world. There are +more navy ships, and they have some cannon. + +The blast furnace was introduced in the iron industry. A blast of +hot air was constantly forced from a stove into the lower part of +the furnace which was heating at high temperature a mixture of the +iron ore and a reducing agent that combined with the oxygen +released. After the iron was extracted, it was allowed to harden +and then reheated and hammered on an anvil to shape it and to +force out the hard, brittle impurities. Blast furnace heat was +maintained by bellows worked by water wheels. Alchemists sought to +make gold from the baser metals and to make a substance that would +give them immortality. There was some thought that suffocation in +mines, caverns, wells, and cellars was not due to evil spirits, +but to bad air such as caused by "exhalation of metals". + +There were morality plays in which the seven deadly sins: pride, +covetousness, lust, anger, gluttony, envy, and sloth, fought the +seven cardinal virtues: faith, hope, charity, prudence, +temperance, justice, and strength, respectively, for the human +soul. The play "Everyman" demonstrates that every man can get to +heaven only by being virtuous and doing good deeds in his +lifetime. It emphasizes that death may come anytime to every man, +when his deeds will be judged as to their goodness or sinfulness. +Card games were introduced. The legend of Robin Hood was written +down. + +The Commons gained the stature of the Lords and statutes were +regularly enacted by the "assent of the lords spiritual and +temporal and the commons", instead of at the request of the +Commons. + + + + - The Law - + +Royal proclamations clarifying, refining or amplifying the law had +the force of parliamentary statutes. In 1486, he proclaimed that +"Forasmuch as many of the King our sovereign lord's subjects +[have] been disposed daily to hear feigned, contrived, and forged +tidings and tales, and the same tidings and tales, neither +dreading God nor his Highness, utter and tell again as though they +were true, to the great hurt of divers of his subjects and to his +grievous displeasure: Therefore, in eschewing of such untrue and +forged tidings and tales, the King our said sovereign lord +straitly chargeth and commandeth that no manner person, whatsoever +he be, utter nor tell any such tidings or tales but he bring forth +the same person the which was author and teller of the said +tidings or tales, upon pain to be set on the pillory, there to +stand as long as it shall be thought convenient to the mayor, +bailiff, or other official of any city, borough, or town where it +shall happen any such person to be taken and accused for any such +telling or reporting of any such tidings or tales. Furthermore the +same our sovereign lord straitly chargeth and commandeth that all +mayors, bailiffs, and other officers diligently search and inquire +of all such persons tellers of such tidings and tales not bringing +forth the author of the same, and them set on the pillory as it is +above said." He also proclaimed in 1487 that no one, except peace +offiers, may carry a weapon, e.g. bows, arrows, or swords, in any +town or city unless on a journey. He proclaimed in 1498 that no +one may refuse to receive silver pennies or other lawful coin as +payment regardless of their condition as clipped, worn, thin, or +old, on pain of imprisonment and further punishment. + +Statutes included: + +Lords holding castles, manors, lands and tenements by knight's +service of the king shall have a writ of right for wardship of the +body as well as of the land of any minor heir of a deceased person +who had the use [beneficial enjoyment] of the land for himself and +his heirs as if the land had been in the possession of the +deceased person. And if such an heir is of age, he shall pay +relief to the lord as if he had inherited possession of the land. +An heir in ward shall have an action of waste against his lord as +if his ancestor had died seised of the land. That is, lands of +"those who use" shall be liable for execution of his debt and to +the chief lord for his relief and heriot, and if he is a bondsman, +they may be seized by the lord. The king tried to retain the +benefits of feudal incidents on land by this Statute of Uses, but +attorneys sought to circumvent it by drafting elaborate and +technical instruments to convey land free of feudal burdens. + +Any woman who has an estate in dower, or for a term of life, or in +tail, jointly with her husband, or only to herself, or to her use, +in any manors, lands, tenements, or other hereditaments of the +inheritance or purchase of her husband, or given to the said +husband and wife in tail, or for term of life, by any of the +ancestors of the said husband, or by any other person seised to +the use of the said husband, or of his ancestors, who, by herself +or with any after taken husband; discontinue, alienate, release, +confirm with warranty or, by collusion, allow any recovery of the +same against them or any other seised to their use, such action +shall be void. Then, the person to whom the interest, title, or +inheritance would go after the death of such woman may enter and +possess such premises. This does not affect the common law that a +woman who is single or remarried may give, sell, or make +discontinuance of any lands for the term of her life only. + +All deeds of gift of goods and chattels made of trust, to the use +of the giver [grantor and beneficiary of trust], to defraud +creditors are void. + +It is a felony to carry off against her will, a woman with lands +and tenements or movable goods, or who is heir-apparent to an +ancestor. This includes taking, procuring, abetting, or knowingly +receiving a woman taken against her will. + +A vagabond, idle, or suspected person shall be put in the stocks +for three days with only bread and water, and then be put out of +the town. If he returns, he shall spend six days in the stocks. (A +few years later this was changed to one and three days, +respectively.) Every beggar who is not able to work, shall return +to the hundred where he last dwelled, is best known, or was born +and stay there. + +No one may take pheasants or partridges by net snares or other +devices from his own warren [breeding ground], upon the freehold +of any other person, or forfeit 200s., one half to the owner of +the land and the other half to the suer. No one may take eggs of +any falcon, hawk, or swan out of their nest, whether it is on his +land or any other man's land, on pain of imprisonment for one year +and fine at the King's will, one half to the King, and the other +half to the holder of the land, or owner of the swan. No man shall +bear any English hawk, but shall have a certificate for any hawk +imported, on pain for forfeiture of such. No one shall drive +falcons or hawks from their customary breeding place to another +place to breed or slay any for hurting him, or pay 200s. after +examination by a Justice of the Peace, one half going to the king +and one half to the suer. + +Any person without a forest of his own who has a net device with +which to catch deer shall pay 200s. for each month of possession. +Anyone stalking a deer with beasts anywhere not in his own forest +shall forfeit 200s. Anyone taking any heron by device other than a +hawk or long bow shall forfeit 6s.8d. No one shall take a young +heron from its nest or pay 10s. for each such heron. Two justices +may decide such an issue, and one tenth of the fine shall go to +them. + +No man shall shoot a cross-bow except in defense of his house, +other than a lord or one having 2,667s. of land because their use +had resulted in too many deer being killed. (The long-bow was not +forbidden.) + +No beasts may be slaughtered or cut up by butchers within the +walls of a town, or pay 12d. for every ox and 8d. for every cow or +other beast, so that people will not be annoyed and distempered by +foul air, which may cause them sickness. + +No tanner may be a currier [dressed, dyed, and finished tanned +leather] and no currier may be a tanner. No shoemaker [cordwainer] +may be a currier and no currier may be a shoemaker. No currier +shall curry hides which have not been tanned. No tanner shall sell +other than red leather. No tanner may sell a hide before it is +dried. No tanner may tan sheepskins. + +No long bow shall be sold over the price of 3s.4d. + +Good wood for making bows may be imported without paying customs. + +No grained cloth of the finest making shall be sold for more than +16s., nor any other colored cloth for more than 11s. per yard, or +forfeit 40s. for every yard so sold. No hat shall be sold for more +than 20d. and no cap shall be sold for more than 2s.8d., or +forfeit 40s. for each so sold. + +Silver may not be sold or used for any use but goldsmithery or +amending of plate to make it good as sterling, so that there will +be enough silver with which to make coinage. + +Each feather bed, bolster, or pillow for sale shall be stuffed +with one type of stuffing, that is, dry pulled feathers or with +clean down alone, and with no sealed feathers nor marsh grass, nor +any other corrupt stuffings. Each quilt, mattress, or cushion for +sale shall be stuffed with one type of stuffing, that is, clean +wool, or clean flocks alone, and with no horsehair, marsh grass, +neatshair, deershair, or goatshair, which is wrought in lime-fats +and gives off an abominable and contagious odor when heated by a +man's body, on pain of forfeiture of such. + +Salmon shall be sold by standard volume butts and barrels. Large +salmon shall be sold without any small fish or broken-bellied +salmon and the small fish shall be packed by themselves only, or +forfeit 6s.8d. Herring shall be sold at standard volumes. The +herring shall be as good in the middle and in every part of the +package as at the ends of the package, or forfeit 3s.4d. Eels +shall be sold at standard volumes, and good eels shall not be +mixed with lesser quality eels, or forfeit 10s. The fish shall be +packed in the manner prescribed or forfeit for each vessel 3s.4d. + +Fustians shall always be shorn with the long shear, so that it can +be worn for at least two years. If an iron or anything else used +to dress such injures the cloth so that it wears out after four +months, 20s. shall be forfeited for each default, one half to the +king and the other half to the suer. + +Pewter and brass ware for sale shall be of the quality of that of +London and marked by its maker, on pain of forfeiture of such, and +may be sold only at open fairs and markets or in the seller's +home, or forfeit 200s. If such false ware is sold, its maker shall +forfeit its value, one half to the king and one half to the +searchers. Anyone using false weights of such wares shall forfeit +20s., one half to the king and one half to the suer, or if he +cannot pay this fine, to be put in the stocks until market day and +then be put in the pillory all the market time. + +No alien nor denizen [foreigner allowed to reside in the nation +with certain rights and privileges] may carry out of the nation +any raw wool or any woolen cloth which has not been barbed, rowed, +and shorn. + +Silk ribbons, laces, and girdles of silk may not be imported, +since they can be made in the nation. + +No one shall import wine into the nation, but on English ships, or +forfeit the wine, one half to the king and one half to the seizer +of the wine. + +No one may take out of the nation any [male] horse or any mare +worth more than 6s.8s. or under the age of three years, upon pain +of forfeiture of such. However, a denizen may take a horse for his +own use and not to sell. This is to stop losing horses needed for +defense of the nation and to stop the price of a horse from going +up. + +Freemen of London may go to fairs and markets with wares to sell, +despite the London ordinance to the contrary. + +Merchants residing in the nation but outside London shall have +free access to foreign markets without exaction taken of more than +133s. sterling by the confederacy of London merchants, which have +increased their fee so much, 400s., that merchants not in the +confederacy have been driven to sell their goods in London for +less than they would get at a foreign market. Exacting more is +punishable by a fine of 400s. and damages to the grieved party of +ten times the excess amount taken. + +For the privilege of selling merchandise, a duty of scavage shall +be taken of merchant aliens, but not of denizens. Any town +official who allows disturbing of a person trying to sell his +merchandise because he has not paid scavage, shall pay a fine of +400s. + +Coin clipped or diminished shall not be current in payment, but +may be converted at the King's mint into plate or bullion. Anyone +refusing to take coins with only normal wear may be imprisoned by +the mayor, sheriff, bailiff, constable or other chief officer. New +coins, which have a circle or inscription around the outer edge, +will be deemed clipped if this circle or inscription is interfered +with. + +The penalty for usury is placement in the pillory, imprisonment +for half a year, and a fine of 400s. (The penalty was later +changed to one half thereof.) + +Lawbooks in use at the Inns of Court included "The Books of Magna +Carta with diverse Old Statutes", "Doctor and Student" by St. +Germain, "Grand Abridgment" by Fitzherbert, and "New Natura +Brevium" by Lombard. + + + + - Judicial Procedure - + +These changes in the judicial process were made by statute: + +The Chancellor, Treasurer, keeper of the King's privy seal, or two +of them, with a bishop selected by them, and a temporal lord of +the King's council selected by them, and the two Chief Justices of +the King's Bench shall constitute the court of the Star Chamber. +It shall have the authority to call before it by writ or by privy +seal anyone accused of "unlawful maintenances, giving of liveries, +signs and tokens, and retainers by indentures, promises, oaths, +writings, or otherwise embraceries of his subjects" and witnesses, +and impose punishment as if convicted under due process of law. +These laws shall now be enforced: If a town does not punish the +murderer of a man murdered in the town, the town shall be +punished. A town shall hold any man who wounds another in peril of +death, until there is perfect knowledge whether the man hurt +should live or die. Upon viewing a dead body, the coroner should +inquire of the killers, their abettors, and anyone present at the +killing and certify these names. In addition, the murderer and +accessories indicted shall be tried at the King's suit within a +year of the murder, which trial will not be delayed until a +private suit is taken. If acquitted at the King's suit, he shall +go back to prison or let out with bail for the remainder of the +year, in which time the slain man's wife or next of kin may sue. +For every inquiry made upon viewing a slain body coroners shall be +paid 13s.4d. out of the goods of the slayer or from a town not +taking a murderer, but letting him escape. If the coroner does not +make inquiry upon viewing a dead body, he shall be fined 100s. to +the King. If a party fails to appear for trial after a justice has +taken bail from him, a record of such shall be sent to the King. + +Up to 1600, the Star Chamber heard many cases of forgery, perjury, +riot, maintenance, fraud, libel, and conspiracy. It could mete out +any punishment, except death or any dismemberment. This included +life imprisonment, fines, pillory, whipping, branding, and +mutilation. Henry VII sat on it. If a Justice of the Peace does +not act on any person's complaint, that person may take that +complaint to another Justice of the Peace, and if there is no +remedy then, he may take his complaint to a Justice of Assize, and +if there is not remedy then, he may take his complaint to the King +or the Chancellor. There shall then be inquiry into why the other +justices did not remedy the situation. If it is found that they +were in default in executing the laws, they shall forfeit their +commissions and be punished according to their demerits. + +Justices of the Peace shall make inquiry of all offenses in +unlawful retaining, examine all suspects, and certify them to the +King's Bench for trial there or in the King's council, and the +latter might also proceed against suspects on its own initiative +on information given. + +Perjury committed by unlawful maintenance, embracing, or +corruption of officers, or in the Chancery, or before the King's +council, shall be punished in the discretion of the Chancellor, +Treasurer, both the Chief Justices, and the clerk of the rolls. + +The Star Chamber, Chancellor, King's Bench and King and council +have the power to examine all defendants, by oath or otherwise, to +adjudge them convicted or attainted. They can also be found guilty +by confession, examination, or otherwise. If a defendant denied +doing the acts of which he is convicted, he was subject to an +additional fine to the king and imprisonment. Violations of +statutes may be heard by the Justices of Assize or the Justices of +the Peace, except treason, murder, and other felony. + +Actions on the case shall be treated as expeditiously in the +courts of the King's Bench and Common Pleas as actions of trespass +or debt. + +Proclamation at four court terms of a levy of a fine shall be a +final end to an issue of land, tenements, or other hereditaments +and the decision shall bind persons and their heirs, whether they +have knowledge or not of the decision, except for women-covert who +were not parties, persons under the age of twenty-one, in prison, +out of the nation, or not of whole mind, who are not parties. +These may sue within five years of losing such condition. Also, +anyone not a party may claim a right, title, claim, or interest in +the said lands, tenements, or other hereditaments at the time of +such fine recorded, within five years after proclamations of the +fine. + +A defendant who appeals a decision for the purpose of delaying +execution of such shall pay costs and damages to the plaintiff for +the delay. + +No sheriff, undersheriff, or county clerk shall enter any +complaints in their books unless the complaining party is present. +And no more complaints than the complaining party knows about +shall be entered. The penalty is 40s. for each such false +complaint, one half to the king and the other half to the suer +after examination by a Justice of the Peace. This is to prevent +extortion of defendants by false complaints. The justice shall +certify this examination to the King, on pain of a fine of 40s. A +bailiff of a hundred who does not do his duty to summon defendants +shall pay a fine of 40s. for each such default, after examination +by a Justice of the Peace. Sheriffs' records of fines imposed and +bailiffs' records of fines collected may be reviewed by a Justice +of the Peace to examine for deceit. + +Any sheriff allowing a prisoner to escape, whether from negligence +or for a bribe, shall be fined, if the prisoner was indicted of +high treason, at least 1,333s. for each escape. However, if the +prisoner was in their keeping because of a suspicion of high +treason, the fine shall be at least 800s.; and if indicted of +murder or petite treason, at least 400s.; and if suspected of +murder or petite treason, 200s.; and if suspected of other +felonies, 100s. Petite treason was that by a wife to her husband +or a man to his lord. + +Any person not responding to a summons for jury service shall be +fined 12d. for the first default, and 2s. for the second, and +double for each subsequent default. + +A pauper may sue in any court and be assigned a attorney at no +cost to him. + +A Justice of the Peace to whom has been reported hunting by +persons disguised with painted faces or visors or otherwise, may +issue a warrant for the sheriff or other county officer to arrest +such persons and bring them before the justice. Such hunting in +disguise or hunting at night or disobeying such warrant is a +felony. This is to stop large mobs of disguised people from +hunting together and then causing riots, robberies, and murders. + +Benefit of clergy may be used only once, since this privilege has +made clerics more bold in committing murder, rape, robbery, and +theft. However, there will be no benefit of clergy in the case of +murder of one's immediate lord, master, or sovereign. (This begins +the gradual restriction of benefit of clergy until it disappears. +Also, benefit of clergy was often disregarded in unpeaceful +times.) + +For an issue of riot or unlawful assembly, the sheriff shall call +24 jurors, each of lands and tenements at least 20s. of charter +land or freehold or 26s.8d. of copyhold or of both. For each +default of the sheriff, he shall pay 400s. And if the jury +acquits, then the justice, sheriff, and under-sheriff shall +certify the names of any jurors maintained or embraced and their +misdemeanors, or forfeit 400s. Any person proved to be a +maintainer or embracer shall forfeit 400s. to the king and be +committed to ward. + +The principal leaders of any riot or unlawful assembly shall be +imprisoned and fined and be bound to the peace with sureties at a +sum determined by the Justices of the Peace. If the riot is by +forty people or heinous, the Justices of Peace shall certify such +and send the record of conviction to the King. + +The King's steward, Treasurer, and comptroller have authority to +question by twelve discreet persons any servant of the king about +making any confederacies, compassings, conspiracies, or +imaginations with any other person to destroy or murder the king +or one of his council or a lord. Trial shall be by twelve men of +the King's household and punishment as by felony in the common +law. + +When a land holder enfeoffs his land and tenements to people +unknown to the remainderman in tail, so that he does not know who +to sue, he may sue the receiver of the profits of the land and +tenements for a remedy. And the receivers shall have the same +advantages and defenses as the feoffees or as if they were +tenants. And if any deceased person had the use for himself and +his heirs, then any of his heirs shall have the same advantages +and defenses as if his ancestor had died seised of the land and +tenements. And all recoveries shall be good against all receivers +and their heirs, and the feofees and their heirs, and the co- +feoffees of the receivers and their heirs, as though the receivers +were tenants indeed, or feofees to their use, or their heirs of +the freehold of the land and tenements. + +If a person feoffs his land to other persons while retaining the +use thereof for himself, it shall be treated as if he were still +seised of the land. Thus, relief and heriot will still be paid for +land in socage. And debts and executions of judgments may be had +upon the land and tenements. + +The penalty for not paying customs is double the value of the +goods. + +The town of London shall have jurisdiction over flooding and +unlawful fishing nets in that part of the Thames River that flows +next to it. + +The city of London shall have jurisdiction to enforce free passage +of boats on the Thames River in the city, interruption of which +carries a fine of 400s., two-thirds to the king and one third to +the suer. + +Jurors impaneled in London shall be of lands, tenements, or goods +and chattels, to the value of 133s. And if the case concerns debt +or damages at least 133s, the jurors shall have lands, tenements, +goods, or chattels, to the value of 333s. This is to curtail the +perjury that has gone on with jurors of little substance, +discretion, and reputation. + +A party grieved by a false verdict of any court in London may +appeal to the Hustings Court of London, which hears common pleas +before the mayor and aldermen. Each of the twelve alderman shall +pick from his ward four jurors of the substance of at least +2,000s. to be impaneled. If twenty-four of them find that the +jurors of the petty jury has given an untrue verdict, each such +juror shall pay a fine of at least 400s. and imprisonment not more +than six months without release on bail or surety. However, if it +is found that the verdict was true, then the grand jury may +inquire if any juror was bribed. If so, such juror bribed and the +defendant who bribed him shall each pay ten times the amount of +the bribe to the plaintiff and be imprisoned not more than six +months without release on bail or surety. + +Other changes in the judicial process were made by court decision. +For instance, the royal justices decided that only the king could +grant sanctuary for treason and not the church. After this, the +church withdrew the right of sanctuary from second time offenders. + +The King's council has practically limited itself to cases in +which the state has an interest, especially the maintenance of +public order. Chancery became an independent court rather than the +arm of the king and his council. In Chancery and the King's Bench, +the intellectual revival brought by humanism inspires novel +procedures to be devised to meet current problems in disputed +titles to land, inheritance, debt, breach of contract, promises to +perform acts or services, deceit, nuisance, defamation, and the +sale of goods. + +A new remedy is specific performance, that is, performance of an +act rather than money damages. + +Evidence is now taken from witnesses. + +Various courts had overlapping jurisdiction. For instance, +trespass could be brought in the Court of Common Pleas because it +was a civil action between two private persons. It could also be +brought in the Court of the King's Bench because it broke the +King's peace. It was advantageous for a party to sue for trespass +in the King's court because there a defendant could be made to pay +a fine to the king or be imprisoned, or declared outlaw if he did +not appear at court. + +A wrongful step on the defendant's land, a wrongful touch to his +person or chattels could be held to constitute sufficient force +and an adequate breach of the king's peace to sustain a trespass +action. A new form of action is trespass on the case, which did +not require the element of force or of breach of the peace that +the trespass offense requires. Trespass on the case [or "case" for +short] expands in usage to cover many types of situations. +Stemming from it is "assumpsit", which provided damages for breach +of an oral agreement and a written agreement without a seal. + +Parliament's supremacy over all regular courts of law was firmly +established and it was called "the high court of Parliament", +paradoxically, since it came to rarely function as a law court. + +The humanist intellectual revival also caused the church courts to +try to eliminate contradictions with state law, for instance in +debt, restitution, illegitimacy, and the age of legal majority. + +The Bishop's Court in London had nine offenders a week by 1500. +Half of these cases were for adultery and sexual offenses, and the +rest were for slander, blasphemy, missing church services, and +breach of faith. Punishment was penance by walking barefoot before +the cross in the Sunday Procession dressed in a sheet and holding +a candle. + + + + + + - - - Chapter 12 - - - + + + + - The Times: 1509-1558 - + +Renaissance humanism came into being in the nation. In this +development, scholars in London, Oxford, and Cambridge emphasized +the value of classical learning, especially Platonism and the +study of Greek literature as the means of better understanding and +writing. They studied the original Greek texts and became +disillusioned with the filtered interpretations of the church, for +example of the Bible and Aristotle. There had long been +displeasure with the priests of the church. They were supposed to +preach four times yearly, visit the sick, say the daily liturgies, +and hear confessions at least yearly. But there were many lapses. +Many were not celibate, and some openly lived with a woman and had +children. Complaints about them included not residing within their +parish community, doing other work such as raising crops, and +taking too much in probate, mortuary fees, and marriage fees. +Probate fees had risen from at most 5s. to 60s. in the last +hundred years. Mortuary fees ranged from 1/3 to 1/9 of a deceased +person's goods. Sanctuary was abused. People objected to the right +of arrest by ecclesiastical authorities. + +Also, most parish priests did not have a theology degree or even a +Bachelor's degree, as did many laymen. In fact, many laymen were +better educated than the parish priests. No one other than a +laborer was illiterate in the towns. + +Humanist grammar [secondary] schools were established in London by +merchants and guilds. In 1510, the founder and dean of St. Paul's +School placed its management in the hands of London "citizens of +established reputation" because he had lost confidence in the good +faith of priests and noblemen. The sons of the nobility, +attorneys, and merchants were starting to go to grammar school now +instead of being taught at home by a tutor. At school, they +mingled with sons of yeomen, farmers, and tradesmen, who were +usually poor. The usual age of entry was six or seven. Classical +Latin and Greek were taught and the literature of the best +classical authors was read. Secondary education teachers were +expected to know Latin and have studied the ancient philosophers, +history, and geography. The method of teaching was for the teacher +to read textbooks to the class from a prepared curriculum. The +students were taught in Latin and expected not to speak English in +school. They learned how to read and to write Latin, to develop +and amplify a theme by logical analysis, and to essay on the same +subject in the narrative, persuasive, argumentative, commending, +consoling, and inciting styles. They had horn books with the +alphabet and perhaps a Biblical verse on them. This was a piece of +wood with a paper on it held down by a sheet of transparent horn. +They also learned arithmetic (solving arithmetical problems and +casting accounts). Disobedience incurred flogging by teacher as +well as by parents. Spare the rod and spoil the child was the +philosophy. Schools now guarded the morals and behavior of +students. There were two week vacations at Christmas and at +Easter. Royal grammar books for English and Latin were proclaimed +by Henry in 1543 to be the only grammar book authorized for +students. In 1545, he proclaimed a certain primer of prayers in +English to be the only one to be used by students. + +The first school of humanist studies arose in Oxford with the +Foundation of Corpus Christi College in 1516 by Bishop Richard +Fox. It had the first permanent Reader or Professor in Greek. The +Professor of Humanity was to extirpate all barbarisms by the study +of Cicero, Sallust, Valerius Maximus, and Quintilian. The third +Reader of Theology was to read texts of the Holy Fathers but not +those of their commentators. Oxford University was granted a +charter which put the greater part of the town under control of +the Chancellor and scholars. The mayor of Oxford was required to +take an oath at his election to maintain the privileges and +customs of the university. Roman law and other Regius +professorships were founded by the king at Oxford and Cambridge. +Teaching of undergraduates was the responsibility of the +university rather than of the colleges, though some colleges had +live-in teachers as students. Most colleges were exclusively for +graduate fellows, though this was beginning to change. The +university took responsibility for the student's morals and +behavior and tutors sometimes whipped the undergraduates. For +young noblemen, a more important part of their education than +going to university was travel on the continent with a tutor. This +exposure to foreign fields was no longer readily available through +war or pilgrimage. The purpose was practical - to learn about +foreign people and their languages, countries, and courts. +Knowledge of the terrain, resources, prosperity, and stability of +their countries was particularly useful to a future diplomatic or +political career. + +The physicians of London were incorporated to oversee and govern +the practice of medicine. A faculty of physicians was established +at Oxford and Cambridge. A Royal College of Physicians was founded +in London in 1518 by the King's physician. The College of +Physicians taught more practical medicine and anatomy than the +universities. Only graduates of the College of Physicians or of +Oxford or Cambridge were allowed to practice medicine or surgery. + +Medical texts were Hippocrates and Galen. These viewed disease as +only part of the process of nature without anything divine. They +stressed empiricism, experience, collections of facts, evidences +of the senses, and avoidance of philosophical speculations. +Hippocrates had asserted that madness was simply a disease of the +brain and then Galen had agreed and advocated merciful treatment +of the insane. Galen's great remedies were proper diet, exercise, +massage, and bathing. He taught the importance of a good water +supply and good drainage. Greek medicinal doctrines were assumed, +such as that preservation of the health of the body was dependant +on air, food, drink, movement and repose, sleeping and waking, +excretion and retention, and the passions. It was widely known +that sleep was restorative and that bad news or worry could spoil +one's digestion. An Italian book of 1507 showed that post-mortem +examinations could show cause of death by gallstones, heart +disease, thrombosis of the veins, or abscesses. In 1540 began the +practice of giving bodies of hanged felons to surgeons to dissect. +This was to deter the commission of felony. There was some feeling +that dissection was a sacrilege, that the practice of medicine was +a form of sorcery, and that illness and disease should be dealt +with by prayer and/or atonement because caused by sin, the wrath +of God, or by the devil. In 1543, Flemish physician Andreas +Vesalius, who had secretly dissected human corpses, published the +first finely detailed description of human anatomy. In it, there +was no missing rib on one side of man, and this challenged the +theory of the woman Eve having been made from a rib of the man +Adam. Food that was digested was thought to turn into a vapor +which passed along the veins and was concreted as blood, flesh, +and fat. After 1546 there was a book listing hundreds of drugs and +explaining how to prepare them, but their use was by trial and +error. + +Students were beginning to read for the bar by their own study of +the newly available printed texts, treatises, and collections of +statute law and of cases, instead of listening in court and +talking with attorneys. + +In 1523, Anthony Fitzherbert wrote "Boke of Husbandry", which set +forth the most current methods of arable farming, giving details +of tools and equipment, advice on capital outlay, methods of +manuring, draining, ploughing, and rick-building. It was used by +many constantly, and was often carried around in the pocket. This +began a new way to disseminate new methods in agriculture. He also +wrote a "Boke of Surveying", which relied on the perch rod and +compass dial, and gave instruction on how to set down the results +of a survey. In 1533, Gemma Frisius laid down the principles of +topographical survey by triangulation. This improved the quality +of surveys and produced accurate plots. + +Geoffrey Chaucer's "Canterbury Tales" was a popular book. Through +Chaucer, London English became a national standard and the notion +of "correct pronunciation" came into being. + +The discoveries and adventures of Amerigo Vespucci, a Portuguese +explorer, were widely read. The North and South American +continents were named for him. + +London merchant guilds began to be identified mainly with +hospitality and benevolence instead of being trading +organizations. Twelve great companies dominated city politics and +effectively chose the mayor and aldermen. They were, in order of +precedence, Mercers, Grocers, Drapers, Fishmongers, Goldsmiths, +Skinners, Tailors, Haberdashers, Ironmongers, Salters, Vintners, +and the Clothworkers (composed from leading fullers and shearmen). +The leading men of these guilds were generally aldermen and the +guilds acted like municipal committees of trade and manufactures. +Then they superintended the trade and manufactures of London much +like a government department. They were called Livery Companies +and categorized their memberships in three grades: mere +membership, livery membership, and placement on the governing +body. Livery members were distinguished by having the clothing of +the brotherhood [its livery] and all privileges, and proprietary +and municipal rights, in the fullest degree. They generally had a +right to a place at the Company banquets. They were invited by the +governing body, as a matter of favor, to other entertainments. +These liverymen were usually those who had bought membership and +paid higher fees because they were richer. Their pensions were +larger than those of mere members. Those with mere membership were +freemen who had only the simple freedom of the trade. The masters +were usually householders. The journeymen, yeomanry, bachelors +were simple freemen. Most of these companies had almshouses +attached to their halls for the impoverished, disabled, and +elderly members and their widows and children. For instance, many +members of the Goldsmiths had been blinded by the fire and smoke +of quicksilver and some members had been rendered crazed and +infirm by working in that trade. The freedom and rights of +citizenship of the city could only be obtained through membership +in a livery company. + +A lesser guild, the Leathersellers, absorbed the Glovers, Pursers, +and Pouchmakers. These craftsmen then became wage earners of the +Leathersellers, but others of these craftsmen remained +independent. Before, the Whittawyers, who treated horse, deer, and +sheep hides with alum and oil, had become wage earners for the +Skinners. + +Londoners went to the fields outside the city for recreation and +games. When farmers enclosed some suburban common fields in 1514, +a crowd of young men marched out to them and, crying "shovels and +spades", uprooted the hedges and filled in the ditches, thus +reclaiming the land for their traditional games. The last major +riot in London was aroused by a speaker on May Day in 1517 when a +thousand disorderly young men, mostly apprentices, defied the +curfew and looted shops and houses of aliens. A duke with two +thousand soldiers put it down in mid-afternoon, after which the +king executed fifteen of the rioters. + +Many English migrated to London. There were ambitious young men +and women hopeful of betterment through employment, +apprenticeship, higher wages, or successful marriage. On the other +hand, there were subsistence migrants forced to leave their homes +for food, work, or somewhere to live. There was much social +mobility. For instance, between 1551 and 1553, of 881 persons +admitted as freemen of London, 46 were the sons of gentlemen, 136 +the sons of yeomen, and 289 the sons of farm workers. London grew +in population about twice as fast as the nation. The fortunes of +landowners varied; some went into aristocratic debt by +ostentatiously spending on building, clothes, food, and drink, and +some became indebted by inefficient management. Some had to sell +their manors and dismiss their servants. + +There are 26 wards of London as of 1550. This is the number for +the next four centuries. Each ward has an alderman, a clerk, and a +chief constable. There are also in each ward about 100 to 300 +elected officials including prickers, benchers, blackbootmen, +fewellers [keepers of greyhounds], scribes, a halter-cutter, +introducers, upperspeakers, under speakers, butlers, porters, +inquestmen, scavengers, constables, watchmen, a beadle, jurymen, +and common councilmen. The wardmoot had inquest jurisdiction over +immorality or bad behavior such as vagrancy, delinquency, +illegitimacy, and disputes. This contributed greatly to social +stability. In 1546, Henry ordered the London brothels closed. A +small gaol was established in the Clink district of Southwark, +giving the name "clink" to any small gaol. London ordinances +required journeymen to work from 6 am to 6 pm in winter, with a +total of 90 minutes breaks for breakfast, dinner, and an afternoon +drink, for 7d. In the summer they had to work for two hours longer +for 8d. At its peak in the 1540s the court employed about 200 +gentlemen, which was about half the peerage and one-fifth of the +greater gentry. Henry issued a proclamation ordering noblemen and +gentlemen in London not employed by the court to return to their +country homes to perform their service to the king. + +Though there was much agreement on the faults of the church and +the need to reform it, there were many disagreements on what +philosophy of life should take the place of church teachings. The +humanist Thomas More was a university trained intellectual. His +book "Utopia", idealized an imaginary society living according to +the principles of natural virtue. In it, everything is owned in +common and there is no need for money. All believe that there is a +God who created the world and all good things and who guides men, +and that the soul is immortal. But otherwise people choose their +religious beliefs and their priests. From this perspective, the +practices of current Christians, scholastic theologians, priests +and monks, superstition, and ritual look absurd. He encouraged a +religious revival. Aristotle's position that virtuous men would +rule best is successfully debated against Plato's position that +intellectuals and philosophers would be the ideal rulers. + +More believed the new humanistic studies should be brought to +women as well as to men. He had tutors teach all his children +Latin, Greek, logic, theology, philosophy, mathematics, and +astronomy from an early age. His eldest daughter Margaret became a +recognized scholar and translated his treatise on the lord's +prayer. Other high class women became highly educated. They voiced +their opinions on religious matters. In the 1530s, the Duchess of +Suffolk spoke out for reform of the clergy and against images, +relics, shrines, pilgrimmages, and services in Latin. She and the +countess of Sussex supported ministers and established seminaries +for the spread of the reformed faith. + +More pled for proportion between punishment and crime. He urged +that theft no longer be punished by death because this only +encouraged the thief to murder his victim to eliminate evidence of +the theft. He opined that the purpose of punishment was to reform +offenders. He advocated justice for the poor to the standard of +justice received by the rich. + +Erasmus, a former monk, visited the nation for a couple of years +and argued that reason should prevail over religious belief. He +wrote the book "In Praise of Folly", which noted man's elaborate +pains in misdirected efforts to gain the wrong thing. For +instance, it questioned what man would stick his head into the +halter of marriage if he first weighed the inconveniences of that +life? Or what woman would ever embrace her husband if she foresaw +or considered the dangers of childbirth and the drudgery of +motherhood? Childhood and senility are the most pleasant stages of +life because ignorance is bliss. Old age forgetfulness washes away +the cares of the mind. A foolish and doting old man is freed from +the miseries that torment the wise and has the chief joy of life: +garrulousness. The seekers of wisdom are the farthest from +happiness; they forget the human station to which they were born +and use their arts as engines with which to attack nature. The +least unhappy are those who approximate the naiveness of the +beasts and who never attempt what is beyond men. As an example, is +anyone happier than a moron or fool? Their cheerful confusion of +the mind frees the spirit from care and gives it many-sided +delights. Fools are free from the fear of death and from the pangs +of conscience. They are not filled with vain worries and hopes. +They are not troubled by the thousand cares to which this life is +subject. They experience no shame, fear, ambition, envy, or love. +In a world where men are mostly at odds, all agree in their +attitude towards these innocents. They are sought after and +sheltered; everyone permits them to do and say what they wish with +impunity. However, the usual opinion is that nothing is more +lamentable than madness. The Christian religion has some kinship +with folly, while it has none at all with wisdom. For proof of +this, notice that children, old people, women, and fools take more +delight than anyone else in holy and religious things, led no +doubt solely by instinct. Next, notice that the founders of +religion have prized simplicity and have been the bitterest foes +of learning. Finally, no people act more foolishly than those who +have been truly possessed with Christian piety. They give away +whatever is theirs; they overlook injuries, allow themselves to be +cheated, make no distinction between friends and enemies, shun +pleasure, and feast on hunger, vigils, tears, labors, and scorn. +They disdain life, and utterly prefer death. In short, they have +become altogether indifferent to ordinary interests, as if their +souls lived elsewhere and not in their bodies. What is this, if +not to be mad? The life of Christians is run over with nonsense. +They make elaborate funeral arrangements, with candles, mourners, +singers, and pallbearers. They must think that their sight will be +returned to them after they are dead, or that their corpses will +fall ashamed at not being buried grandly. Christian theologians, +in order to prove a point, will pluck four or five words out from +different places, even falsifying the sense of them if necessary, +and disregard the fact that their context was relevant or even +contradicted their points. They do this with such brazen skill +that our attorneys are often jealous of them. + +Attorney Christopher St. German wrote the legal treatise "Doctor +and Student", in which he deems the law of natural reason to be +supreme and eternal. The law of God and the law of man, as +enunciated by the church and royalty, merely supplement the law of +natural reason and may change from time to time. Examples of the +law of reason are: It is good to be loved. Evil is to be avoided. +Do onto others as you would have them do unto you. Do nothing +against the truth. Live peacefully with others. Justice is to be +done to every man. No one is to wrong another. A trespasser should +be punished. From these is deduced that a man should love his +benefactor. It is lawful to put away force with force. It is +lawful for every man to defend himself and his goods against an +unlawful power. + +Like his father, Henry VIII dominated Parliament. He used this +power to reform the church of England in the 1530's. The +Protestant reformation cause, started in Germany in 1517 by Martin +Luther posting his thesis, had become identified with Henry's +efforts to have his marriage of eighteen years to the virtuous +Catherine annulled so he could marry a much younger woman: Anne. +His purported reason was to have a son. The end of his six +successive wives was: annuled, beheaded, died; annuled, beheaded, +survived. Henry VIII was egotistical, arrogant, and self- +indulgent. This nature allowed him to declare himself the head of +the church of England instead of the pope. + +Henry used and then discarded officers of state e.g. by executing +them for supposed treason. One such was Thomas Wolsey, the son of +a town grazier and butcher, who was another supporter of classical +learning. He rose through the church, the gateway to advancement +in a diversity of occupations of clergy such as secretary, +librarian, teacher, attorney, doctor, author, civil servant, +diplomat, and statesman. He was a court priest when he aligned +himself with Henry, both of whom wanted power and glory and +dressed extravagantly. But he was brilliant and more of a +strategist than Henry. Wolsey called himself a reformer and +started a purge of criminals, vagrants and prostitutes within +London, bringing many before the council. But most of his +reforming plans were not brought to fruition, but ended after his +campaign resulted in more power for himself. Wolsey rose to be +Chancellor to the King and Archbishop of York. As the +representative of the pope for England, he exercised almost full +papal authority there. But he controlled the church in England in +the King's interest. He was second only to the King and he +strengthened the crown by consolidating power and income that had +been scattered among nobles and officeholders. He also came to +control the many courts. Wolsey centralized the church in England +and dissolved the smaller monasteries, the proceeds of which he +used to build colleges at Oxford and his home town. He was an +impartial and respected justice. + +When Wolsey was not able to convince the pope to give Henry an +annulment of his marriage, Henry dismissed him and took his +property, shortly after which Wolsey died. + +The King replaced Wolsey as Chancellor with Thomas More, after +whom he made Thomas Cromwell Chancellor. Cromwell, the son of a +clothworker/blacksmith/brewer/innkeeper, was a self-taught +attorney, arbitrator, merchant, and accountant. Like Wolsey, he +was a natural orator. He drafted and had passed legislation that +created a new church of England. He had all men swear an oath to +the terms of the succession statute. Thomas More was known for his +honesty and was a highly respected man. More did not yield to +Henry's bullying for support for his statute declaring the +succession to be vested in the children of his second marriage, +and his statute declaring himself the supreme head of the church +of England, instead of the pope. He did not expressly deny this +supremacy statute, so was not guilty of treason under its terms. +But silence did not save him. He was attainted for treason on +specious grounds and beheaded. His conviction rested on the +testimony of one perjured witness, who misquoted More as saying +that Parliament did not have the power to require assent to the +supremacy statute because it was repugnant to the common law of +Christendom. + +Henry ruled with an iron fist. In 1536, he issued a proclamation +that "any rioters or those in an unlawful assembly shall return to +their houses" or "we will proceed against them with all our royal +force and destroy them and their wives and children." In 1538, he +proclaimed that anyone hurting or maiming an officer while trying +to make an arrest "shall lose and forfeit all their lands, goods, +and chattel" and shall suffer perpetual imprisonment. Moreover, if +one murdered such an officer, he would suffer death without +privilege of sanctuary or of clergy. In 1540, he proclaimed that +there would be no shooting by handgun except on a shooting range. +Henry had Parliament pass bills of attainder against many people. +For the first time, harsh treatment of prisoners in the Tower, +such as placement in dungeons with little food, no bed, and no +change of clothes, became almost a matter of policy. Through his +host of spies, Cromwell heard what men said to their closest +friends. Words idly spoken were distorted into treasonable +utterances. Fear spread through the people. Silence was a person's +only possibility of safety. + +Cromwell developed a technique for the management of the House of +Commons which lasted for generations. He promulgated books in +defense of royal spiritual authority, which argued that canon law +was not divine but merely human and that clerical authority had no +foundation in the Bible. A reformed English Bible was put in all +parish churches. Reformers were licensed to preach. Cromwell +ordered sermons to be said which proclaimed the supremacy of the +King. He instituted registers to record baptisms, marriages, and +burials in every county, for the purpose of reducing disputes over +descent and inheritance. He dissolved all the lesser monasteries. + +When Cromwell procured a foreign wife for Henry whom Henry found +unattractive, he was attainted and executed. + +Henry now reconstructed his council to have a fixed membership, an +official hierarchy based on rank, a secretariat, an official +record, and formal powers to summon individuals before it by legal +process. Because it met in the King's Privy Lodgings, it was +called the "Privy Council". It met daily instead of just during +the terms of the Westminster courts from late autumn to early +summer. It communicated with the king through intermediaries, of +whom the most important was the King's Secretary. Because it was a +court council, part of it traveled with the king, while the other +part conducted London business. When Henry went to war in France, +part of the council went with him, and part of it stayed to attend +the Queen Regent. + +Thomas Cranmer, Archbishop of Canterbury, wrote the first English +Common Book of Prayer. With its use beginning in 1549, church +services were to be held in English instead of Latin. The +celebration of the Lord's Supper was a communion among the +parishoners and minister all sharing the wine and bread. It +replaced the mass, in which the priests were thought to perform a +miraculous change of the substance of bread and wine into the body +and blood of Christ, which the priest then offered as a sacrifice +for remission of pain or guilt. This reflected the blood sacrifice +of Christ dying on the cross. In the mass, only the priests drank +the wine. The mass, miracles, the worship of saints, prayers for +souls in purgatory, and pilgrimages to shrines such as that of +Thomas Becket, were all to be discontinued. Imprisonment or exile +rather than death was made the penalty for heresy and blasphemy, +and also for adultery. + +After the King dissolved the greater monasteries, he took and sold +their ornaments, silver plate and jewelry, lead from roofs of +their buildings, and finally much of the land itself. Three +monasteries were converted into the first three treating hospitals +in London, one for the diseased, one for the poor, and one, +Bethlehem (or "Bedlam" for short), for the mentally ill. But there +were still many poor, sick, blind, aged, and impotent people in +the streets since the closure of the monasteries. In 1552, there +were 2,100 people in need of relief, including 300 orphans, 600 +sick or aged, 350 poor men overburdened with their children, 650 +decayed householders, and 200 idle vagabonds. London then set up a +poor relief scheme. The Bridewell was established to set to work +the idle in making feather bed ticks and wool-cards, drawing of +wire, carding, knitting, and winding of silk. Parishes were +required to give money for the poor in 1563. Other towns followed +London's lead in levying a poor rate. + +Henry used the proceeds from the sale of the monasteries for +building many new palaces and wood ships for his navy. In war, +these navy ships had heavy guns which could sink other ships. In +peace time, these ships were hired out to traders. Large ships +were constructed in docks, made partly by digging and partly by +building walls. In 1545, henry issued a proclamation ordering all +vagabonds, ruffians, masterless men, and evil-disposed persons to +serve him in his navy. + +The former land of the monasteries, about 30% of the country's +land, was sold and resold, usually to great landowners, or leased. +Title deeds became important as attorneys sought the security that +title could give. Some land went to entrepreneurial cloth +manufacturers, who converted the buildings for the manufacture of +cloth. They bought the raw wool and hired craftsmen for every step +of the manufacturing process to be done in one continuous process. +This was faster than buying and selling the wool material between +craftsmen who lived in different areas. Also, it was more +efficient because the amount of raw wool bought could be adjusted +to the demand for cloth. + +Many landowners now could live in towns exclusively off the rents +of their rural land. Rents were increased so much that tenants +could not pay and were evicted. They usually became beggars or +thieves. Much of their former land was converted from crop raising +to pasture for large herds of sheep. Arable farming required many +workers, whereas sheep farming required only one shepherd and +herdsman. There were exceptional profits made from the export of +wool cloth. But much raw wool was still exported. Its price went +up from 6s.8d. per tod [about 28 pounds] in 1340 to 20s.8d. in +1546. + +Villeinage was now virtually extinct. A lord could usually claim a +small money-rent from the freeholder, sometimes a relief when his +land was sold or passed at death, and occasionally a heriot from +his heir. + +There was steady inflation. Landlords made their leases short term +so that they could raise rents as prices rose. Copyholders +gradually acquired a valuable right in their holdings; their rent +became light - less that a shilling an acre. + +At least 85% of the population still lived in the country. Rich +traders built town or country houses in which the emphasis was on +comfort and privacy. There was more furniture, bigger windows +filled with glass, thick wallpaper, and formal gardens. Use of +thick, insulating wallpaper rose with the rise of paper mills. It +was stenciled, hand-painted, or printed. Some floors were tiled +instead of stone or wood. They were still strewn with straw. The +owners ate in a private dining room and slept in their own rooms +with down quilts. Their soap was white. They had clothing of white +linen and white wool, leather slippers, and felt hats. Men wore +long tunics open at the neck and filled in with pleated linen and +enormous puffed sleeves. + +Henry made proclamations reminding people of the apparel laws, but +they were difficult to enforce. Henry also made a proclamation +limiting the consumption of certain meat according to status. +Seven dishes were allowed to bishops, dukes, marquises, and earls; +six to other temporal lords; five to justices, the King's council, +sheriffs, and persons with an income of at least 200 pounds yearly +or goods worth 2000 pounds; four to persons with an income of at +least 100 pounds or goods worth 1000 pounds; and three dishes to +persons with an income of at least 100 pounds or goods worth 500 +pounds. There were limits on types of meat served, such as a +maximum of one dish of great fowl such as crane, swan, and +peacock; eight quail per dish; and twelve larks in a dish. People +used tin or pewter dishes, platters, goblets, saucers, spoons, +saltcellars, pots, and basins. They used soap to wash themselves, +their clothes, and their dishes. A solid, waxy soap was from +evaporating a mixture of goat fat, water, and ash high in +potassium carbonate. They had bedcovers on their beds. Cloth bore +the mark of its weaver and came in many colors. Cloth could be +held together with pins that had a shank with a hook by which they +were closed. People went to barbers to cut their hair and to +extract teeth. They went to people experienced with herbs, roots, +and waters for treatment of skin conditions such as sores, cuts, +burns, swellings, irritated eyes or scaly faces. For more +complicated ailments, they went to physicians, who prescribed +potions and medicines. They bought potions and medicines from +apothecaries and pharmacists. They burned wood logs in the +fireplaces in their houses. So much wood was used that young trees +were required by statute to be given enough lateral space to +spread their limbs and were not cut down until mature. + +The King, earls, who ruled counties, and barons, who had land and +a place in the House of Lords, still lived in the most comfort. +The King's house had courtyards, gardens, orchards, wood-yards, +tennis courts, and bowling alleys. + +The walls of the towns were manned by the citizens themselves, +with police and watchmen at their disposal. In inns, travelers +slept ten to a bed and there were many fleas and an occasional rat +or mouse running through the rushes strewn on the floor. The inn +provided a bed and ale, but travelers brought their own food. Each +slept with his purse under his pillow. + +In markets, sellers set up booths for their wares. They sold grain +for making oatmeal or for sowing one's own ground. Wine, butter, +cheese, fish, chicken, and candles could also be bought. Butchers +bought killed sheep, lambs, calves, and pigs to cut up for +selling. Tanned leather was sold to girdle-makers and shoemakers. +Goods bought in markets were presumed not to be stolen, so that a +purchaser could not be dispossessed of goods bought unless he had +knowledge that they were stolen. + +The ruling group of the towns came to be composed mostly of +merchants, manufacturers, attorneys, and physicians. Some +townswomen were independent traders. The governed class contained +small master craftsmen and journeyman artisans, small traders, and +dependent servants. The major streets of London were paved with +stone, with a channel in the middle. More water conduits from +hills, heaths, and springs were built to provide the citizens of +London with more water. The sewers carried only surface water +away. Households were forbidden to use the sewers. Privies emptied +into cesspools. + +The Merchant Adventurers' Fellowship brought virtually all +adventurers under its control and organized and regulated the +national cloth trade. It had a General Court of the Adventurers +sitting in the London Mercers' Hall. Various companies were +granted monopolies for trade in certain areas of the world such as +Turkey, Spain, France, Venice, the Baltic, and Africa. These were +regulated companies. That is they obtained complete control of a +particular foreign market, but any merchant who cared to join the +company, pay its dues, and obey its regulations, might share in +the benefits of its monopoly. The companies generally confined +trade to men who were primarily merchants and not shopkeepers. In +1553 explorer Sebastian Cabot formed the Muscovy Company, which +was granted a monopoly in its charter for trade with Russia. It +was oriented primarily to export English woolen cloth. It was the +first company trading on a joint stock, which was arranged as a +matter of convenience and safety. The risks were too great for any +few individuals. It hired ships and assigned space to each member +to ship his goods at his own risk. The dividend was return to the +subscribers of the capital put in plus an appropriate share of any +profits made on the voyage. I.e. the money was divided up. The +members began leaving their money with the company for the next +voyage. A general stock grew up. In 1568 were the first industrial +companies: Mines Royal, and Mineral and Battery Works. The cloth, +mining, iron, and woodcraft industries employed full-time workers +on wages. In the ironworks and foundries, the furnace blowing +engines were worked by water wheels or by a gear attached to +donkeys or horses. The forge hammers were worked at first by +levers and later by water wheels. The day and night hammering +filled the neighborhood with their noise. + +Land held in common was partitioned. There were leases of mansion +houses, smaller dwelling houses, houses with a wharf having a +crane, houses with a timber yard, houses with a garden, houses +with a shed, shops, warehouses, cellars, and stables. Lands with a +dye-house or a brew-house were devised by will along with their +dying or brewing implements. There were dairies making butter and +cheese. + +The knights had 70% of the land, the nobles 10%, the church 10%, +and king 5%. + +Citizens paid taxes to the king amounting to one tenth of their +annual income from land or wages. Merchants paid "forced loans" +and benevolences. The national government was much centralized and +had full-time workers on wages. A national commission of sewers +continually surveyed walls, ditches, banks, gutters, sewers, +ponds, bridges, rivers, streams, mills, locks, trenches, fish- +breeding ponds, and flood gates. When low places were threatened +with flooding, it hired laborers, bought timber, and hired carts +with horses or oxen for necessary work. Mayors of cities repaired +water conduits and pipes under their cities' ground. + +The organ and the harp, precursor to the piano, were played. + +All people generally had enough food because of the +commercialization of agriculture. Even the standard meal of the +peasant was bread, bacon, cheese, and beer or cidar, with beef +about twice a week. Also, roads were good enough for the transport +of foodstuffs thereon. Four-wheeled wagons for carrying people as +well as goods. Goods were also transported by the pulling of +barges on the rivers from paths along the river. A plough with +wheels was used as well as those without. + +The matchlock musket came into use, but did not replace the bow +because its matchcord didn't remain lit in rainy weather. The +matchlock was an improvement over the former musket because both +hands could be used to hold and aim the matchlock musket because +the powder was ignited by a device that touched a slow-burning +cord to the powder when a trigger was pulled with one finger. + +After the break with Rome, cooperation among villagers in church +activities largely ceased. The altars and images previously taken +care of by them disappeared and the paintings on the walls were +covered with white or erased, and scripture texts put in their +place. People now read the new Bible, the "Paraphrases" of +Erasmus, Foxe's "Book of Martyrs", and the works of Bishop Jewel. +The Book of Martyrs taught the duty and splendor of rising above +all physical danger or suffering. The canon law of the church was +abolished and its study prohibited. Professorships of the civil +law were founded at the two universities. The Inns of Court grew. +Attorneys had more work with the new laws passed to replace the +church canons of the church. They played an important role in town +government and many became wealthy. They acquired town houses in +addition to their rural estates. + +Church reforms included abolishing church sanctuaries. Benefit of +clergy was restricted. Parsons were allowed to marry. Archbishops +were selected by the king without involvement by the pope. +Decisions by archbishops in testamentary, matrimonial, and +marriage annulment matters were appealable to the Court of +Chancery instead of to the pope. The clergy's canons were subject +to the King's approval. The control of the church added to the +powers of the Crown to summon and dissolve Parliament, coin money, +create peers [members of the House of Lords who received +individual writs of summons to Parliament], pardon criminals, +order the arrest of dangerous persons without customary process of +law in times of likely insurrection, tax and call men to arms +without the consent of Parliament if the country were threatened +with invasion. + +About 1550 there began indictments and executions for +witchcraftery which lasted for about a century. One of the reasons +for suspecting a woman to be a witch was that she lived alone, +which was very unusual. + +Henry ordered all alien Anabaptists, who denied the validity of +infant baptism, to leave the realm. + +In Switzerland, Theophrastus Paracelsus, an astrologer and +alchemist who later became a physician, did not believe that humor +imbalance caused disease nor in treatment by blood-letting or +purging. He believed that there were external causes of disease, +e.g. toxic matter in food, contagion, defective physical or mental +constitution, cosmic influences differing with climate and +country, or affliction sent Providence. He urged that wounds be +kept clean rather than given poultices. He started clinical +diagnosis and treatment by highly specific medicines, instead of +cure-alls. For instance, he used alkalies to treat disease, such +as gout, indicated by certain substances in the urine, which also +started urinalysis. He perceived that syphillis was caused by +contagion and used mercury to cure it. He found curative powers +also in opium, sulphur, iron, and arsenic. Opium was made by +drying and cooking the capsule of the poppy and was one of the few +really effective early drugs. Paracelsus urged alchemists to try +to prepare drugs from minerals for the relief of suffering. He +claimed to acquire knowledge of cures through spiritual contacts +to occult wisdom. He believed that a human being has an invisible +body as well as a visible one and that it is closely attuned to +imagination and the spiritual aspect of an individual. He noticed +that one's attitudes and emotions, such as anger, could affect +one's health. He sometimes used suggestion and signs to help a +patient form mental images, which translated into cures. He saw +insanity as illness instead of possession by evil spirits. + +Understanding of the celestial world began to change. Contemporary +thought was that the nature of all things was to remain at rest, +so that movement and motion had to be explained by causes. The +earth was stationary and the heavens were spherical and revolved +around the earth every twenty-four hours. The universe was finite. +The firmament extended outward in a series of rotating, +crystalline, ethereal spheres to which were attached the various +points of celestial geography. First came the circle of the moon. +The sun orbited the earth. The fixed stars rotated on an outer +firmament. Finally, there was the abode of God and his heavenly +hosts. Different principles ruled the celestial world; it was +orderly, stable, ageless, and enduring. But the world of man +changed constantly due to its mixed four elements of air, earth, +fire, and water each trying to disentangle itself from the others +and seeking to find its natural location. The heavenly spheres +could affect the destinies of men, such as through fate, fortune, +intelligence, cherubim, seraphim, angels, and archangels. +Astrologers read the celestial signs and messages. + +Then a seed of doubt was cast on this theory by Nicholaus +Copernicus, a timid monk in Poland, who found inconsistencies in +Ptolemy's work, but saw similarity in the movements of the earth +and other planets. He inferred from planetary movements that their +motion could be explained simply if they were revolving in +circular paths around the sun, rather than around the earth. In +his book of 1543, he also expressed his belief that the earth also +revolved around the sun. This idea so shocked the world that the +word "revolution" became associated with radical change. He +regarded it as more likely that the earth rotated than that the +stars moved with great speed in their large orbits. He proposed +that the earth spins on its own axis about once every twenty-four +hours, with a spin axis at about a 23 1/2 degree tilt from the +orbital axis, thus explaining a slow change in the overall +appearances of the fixed stars which had been observed since the +time of Ptolemy. He deduced from astronomical measurements that +the correct order of the planets from the Sun was: Mercury, Venus, +Earth, Mars, Jupiter, and Saturn. The church considered his ideas +heretical because contradictory to its dogma that man and the +earth were the center of the universe. A central sun evoked images +of pagan practices of sun worship. + + + + - The Law - + +A person having land in socage or fee simple may will and devise +his land by will or testament in writing. + +A person holding land by knight's service may will and devise by +his last will and testament in writing part of his land to his +wife and other parts of his land to his children, as long as 1/3 +of entailed land is left to the King. + +Anyone serving the king in war may alienate his lands for the +performance of his will, and if he dies, his feoffees or executors +shall have the wardship of his heir and land. + +A person who leases land for a term of years, even if by indenture +or without a writing, may have a court remedy as do tenants of +freehold for any expulsion by the lessor which is contrary to the +lease, covenant, or agreement. These termers, their executors and +assigns, shall hold and enjoy their terms against the lessors, +their heirs and assigns. The lessor shall have a remedy for rents +due or waste by a termer after recovering the land as well as if +he had not recovered the land. + +A lord may distrain land within his fee for rents, customs, or +services due without naming the tenant, because of the existence +of secret feoffments and leases made by their tenants to unknown +persons. + +Anyone seised of land to the use or trust of other persons by +reason of a will or conveyance shall be held to have lawful seisin +and possession of the land, because by common law, land is not +devisable by will or testament, yet land has been so conveyed, +which has deprived married men of their courtesy, women of their +dower, the king of the lands of persons attainted, the king of a +year's profits from felons' lands, and lords of their escheats. +(This was difficult to enforce.) + +A woman may not have both a jointure [promise of husband to wife +of property or income for life after his death] and dower of her +husband's land. (Persons had purchased land to hold jointly with +their wives) + +A sale of land must be in writing, sealed, and registered in its +county with the clerk of that county. If the land is worth less +than 40s. per year, the clerk is paid 12d. If the land exceeds +40s. yearly, the clerk is paid 2s.6d. + +An adult may lease his lands or tenements only by a writing under +his seal for a term of years or a term of life, because many +people who had taken leases of lands and tenements for a term of +years or a term of lives had to spend a lot for repair and were +then evicted by heirs of their lessors. + +A husband may not lease out his wife's land. + +No woman-covert, child, idiot, or person of insane memory may +devise land by will or testament. + +The land of tenants-in-common may be partitioned by them so that +each holds a certain part. + +No bishop or other official having authority to take probate of +testaments may take a fee for probating a testament where the +goods of the testator are under 100s., except that the scribe +writing the probate of the testament may take 6d., and for the +commission of administration of the goods of any man dying +intestate, being up to 100s, may be charged 6d. Where the goods +are over 100s. but up to 800s. sterling, probate fees may be +3s.6d. at most, whereof the official may take 2s.6d. at most, with +12d. residue to the scribe for registering the testament. Where +the goods are over 800s. sterling, probate fees may be 5s. at +most, whereof the official may take 2s.6d. at most, with 2s.6d. +residue to the scribe, or the scribe may choose to take 1d. per 10 +lines of writing of the testament. If the deceased had willed by +his testament any land to be sold, the money thereof coming nor +the profits of the land shall not be counted as the goods or +chattel of the deceased. Where probate fees have customarily been +less, they shall remain the same. The official shall approve and +seal the testament without delay and deliver it to the executors +named in such testaments for the said sum. If a person dies +intestate or executors refuse to prove the testament, then the +official shall grant the administration of the goods to the widow +of the deceased person, or to the next of kin, or to both, in the +discretion of the official, taking surety of them for the true +administration of the goods, chattels, and debts. Where kin of +unequal degree request the administration, it shall be given to +the wife and, at his discretion, other requestors. The executors +or administrators, along with at least two persons to whom the +deceased was indebted, or to whom legacies were made, or, upon +their refusal or absence, two honest kinsmen, shall make an +inventory of the deceased's goods, chattels, ware, merchandise, as +well moveable as not moveable, and take it upon their oaths to the +official. + +No parish clergyman or other spiritual person shall take a +mortuary fee or money from a deceased person with movable goods +under the value of 133s., a deceased woman-covert, a child, a +person keeping no house, or a traveler. Only one mortuary fee may +be taken of each deceased and that in the place where he most +dwelled and lived. Where the deceased's moveable goods are to the +value of 133s. or more, above his debts paid, and under 600s., a +mortuary up to 3s. 4d. may be taken. Where such goods are 600s. or +more and under 800s., mortuary up to 6s.8d. may be taken. Where +such goods are 800s. or above, mortuary up to 10s. may be taken. +But where mortuaries have customarily been less, they shall remain +the same. + +Executors of a will declaring land to be sold for the payment of +debts, performance of legacies to wife and children, and +charitable deeds for the health of souls, may sell the land +despite the refusal of other executors to agree to such sale. + +A man may not marry his mother, stepmother, sister, niece, aunt, +or daughter. + +Any clergy preaching contrary to the King's religious doctrine +shall recant for the first offence. He shall abjure and bear a +faggot (a badge resembling a faggot of wood which would have been +used for burning him as a heretic) for the second offence. If he +refuses to abjure or bear a faggot or offends a third time, he +shall be burned and lose all his goods. If a layperson teaches, +defends, or maintains a religious doctrine other than the King's, +he shall recant and be imprisoned for twenty days for the first +offence. He shall abjure and bear a faggot if he does not recant +or offends a second time. He shall forfeit his goods and suffer +perpetual imprisonment if he does not abjure or bear a faggot or +offends a third time. + +The entry of an apprentice into a craft shall not cost more than +2s.6d. After his term, his entry shall not be more than 3s.4d. +This replaced the various fees ranging from this to 40s. + +No master of a craft may require his apprentice to make an oath +not to compete with him by setting up a shop after the term of his +apprenticeship. + +No alien may take up a craft or occupation in the nation. + +No brewer of ale or beer to sell shall make wood vessels or +barrels, and coopers shall use only good and seasonable wood to +make barrels and shall put their mark thereon. Every ale or beer +barrel shall contain 32 of the King's standard gallons. The price +of beer barrels sold to ale or beer brewers or others shall be 9d. + +An ale-brewer may employ in his service one cooper only to bind, +hoop and pin, but not to make, his master's ale vessels. + +No butcher may keep a tanning-house. + +Tanned leather shall be sold only in open fairs and markets and +after it is inspected and sealed. + +Only people living in designated towns may make cloth to sell, to +prevent the ruin of these towns by people taking up both +agriculture and cloth-making outside these towns. No one making +cloth for sale may have more than one woolen loom or forfeit 20s. +This to protect the weavers' ability to maintain themselves and +their families from rich clothiers who keep many looms and employ +journeymen and unskillful persons at low wages. No one owning a +fulling mill may own a weaving loom. No weaver may own a fulling +mill. + +No one shall shoot in or keep in his house any hand-gun or cross- +bow unless he has 2,000s. yearly. + +No one may hunt or kill hare in the snow since their killing in +great numbers by men other than the king and noblemen has depleted +them. + +No one shall take an egg or bird of any falcon or hawk out of its +nest on the King's land. No one may disguise himself with hidden +or painted face to enter a forest or park enclosed with a wall for +keeping deer to steal any deer or hare. + +Ducks and geese shall not be taken with any net or device during +the summer, when they haven't enough feathers to fly. But a +freeholder of 40s. yearly may hunt and take such with long bow and +spaniels. + +No one may sell or buy any pheasant except the King's officers may +buy such for the King. + +No butcher may kill any calf born in the spring. + +No grain, beef, mutton, veal, or pork may be sold outside the +nation. + +Every person with 36 acres of agricultural land, shall sow one +quarter acre with flax or hemp-feed. + +All persons shall kill crows on their land to prevent them from +eating so much grain at sowing and ripening time and destroying +hay stacks and the thatched roofs of houses and barns. They shall +assemble yearly to survey all the land to decide how best to +destroy all the young breed of crows for that year. Every village +and town with at least ten households shall put up and maintain +crow nets for the destruction of crows. + +No land used for raising crops may be converted to pasture. No +woods may be converted to agriculture or pasture. The efforts to +enforce these proved these prohibitions were not successful. + +No one shall cut down or break up dikes holding salt water and +fresh water from flooding houses and pastures. + +No one shall dump tin-mining debris, dung, or rubbish into rivers +flowing into ports or take any wood from the walls of the port, so +that ships may always enter at low tide. + +A person may lay out a new highway on his land where the old one +has been so damaged by waterways that horses with carriages cannot +pass, with the consent of local officials. + +Only poor, aged, and disabled persons may beg. Begging without a +license is punishable by whipping or setting in the stocks 3 days +with only bread and water. + +Alien palm readers shall no longer be allowed into the nation, +because they have been committing felonies and robberies. + +Butchers may not sell beef, pork, mutton, or veal from carcasses +for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound. + +French wines may not sell at retail for more than 8d. per gallon. + +A barrel maker or cooper may sell a beer barrel for 10d. + +No longer may aliens bring books into the nation to sell because +now there are sufficient printers and book-binders in the nation. + +No one may buy fresh fish other than sturgeon, porpoise, or seal +from an alien to put to sale in the nation. + +Every person with an enclosed park where there are deer, shall +keep two tall and strong mares in such park and shall not allow +them to be mounted by any short horse, because the breeding of +good, swift, and strong horses has diminished. + +A man may have only as many trotting horses for the saddle as are +appropriate to his degree. + +No one may maintain for a living a house for unlawful games such +as bowling, tennis, dice, or cards. No artificer, craftsman, +husbandman, apprentice, laborer, journeyman, mariner, fisherman +may play these games except at Christmas under his master's +supervision. Noblemen and others with a yearly income of at least +2,000s. may allow his servants to play these games at his house. + +Hemp of flax may not be watered in any river or stream where +animals are watered. + +No one shall sell merchandise to another and then buy back the +same merchandise within three months at a lower price. No one +shall sell merchandise to be paid for in a year above the sum of +200s. per 2000s. worth of merchandise. No one shall sell or +mortgage any land upon condition of payment of a sum of money +before a certain date above the sum of 200s. per 2000s. per year. + +No one shall commit forgery by counterfeiting a letter made in +another person's name to steal any money, goods, or jewels. + +No one shall libel by accusing another of treason in writing and +leaving it in an open place without subscribing his own name to +it. + +If any servant converts to his own use more than 40s. worth of +jewels, money, or goods from caskets entrusted to him for +safekeeping by a nobleman or other master or mistress, it shall be +a felony. + +If a person breaks into a dwelling house by night to commit +burglary or murder, is killed by anyone in that house, or a person +is killed in self-defense, the killer shall not forfeit any lands +or goods for the killing. + +Killing by poisoning shall be deemed murder and is punishable by +death. + +A person who has committed a murder, robbery, or other felony he +has committed shall be imprisoned for his natural life and be +burned on the hand, because those who have been exiled have +disclosed their knowledge of the commodities and secrets of this +nation and gathered together to practice archery for the benefit +of the foreign realm. If he escapes such imprisonment, he shall +forfeit his life. + +A person convicted or outlawed shall be penalized by loss of life, +but not loss of lands or goods, which shall go to his wife as +dower and his heirs. + +Buggery may not be committed on any person or beast. + +No one shall slander or libel the king by speeches or writing or +printing or painting. + +No one shall steal fish from a pond on another's land by using +nets or hooks with bait or by drying up the pond. + +The mayor of London shall appoint householders to supervise +watermen rowing people across the Thames River because so many +people have been robbed and drowned by these rowers. All such +boats must be at least 23 feet long and 5 feet wide. + +No man shall take away or marry any maiden under 16 years of age +with an inheritance against the will of her father. + +Any marriage solemnized in church and consummated shall be valid +regardless of any prior agreement for marriage. + +Sheriffs shall not lose their office because they have not +collected enough money for the Exchequer, but shall have +allowances sufficient to perform their duties. + +Butchers, brewers, and bakers shall not conspire together to sell +their victuals only at certain prices. Artificers, workmen and +laborers shall not conspire to work only at a certain rate or only +at certain hours of the day. + +No one shall sell any woolen cloth that shrinks when it is wet. + +Only artificers using the cutting of leather, may buy and sell +tanned leather and only for the purpose of converting it into made +wares. + +A beggar's child above five years may be taken into service by +anyone that will. + +Cattle may be bought only in the open fair or market and only by a +butcher or for a household, team, or dairy, but not for resale +live. + +Butter and cheese shall not be bought to be sold again except at +retail in open shop, fair, or market. + +No man may enter a craft of cloth-making until he has been an +apprentice for seven years or has married a clothiers' wife and +practicing the trade for years with her and her servants sorting +the wool. + +No country person shall sell wares such as linen drapery, wool +drapery, hats, or groceries by retail in any incorporated town, +but only in open fairs. + +For every 60 sheep there shall be kept one milk cow because of the +scarcity of cattle. + +No clothier may keep more than one wool loom in his house, because +many weavers do not have enough work to support their families. No +weaver may have more than two wool looms. + +No cloth-maker, fuller, shearman, weaver, tailor, or shoemaker +shall retain a journeyman to work by the piece for less than a +three month period. Every craftsman who has three apprentices +shall have one journeyman. Servants in agriculture and bargemen +shall serve by the whole year and not by day wages. + +There shall be a sales tax of 12d. per pound of wool cloth goods +for the Crown. + +All people shall attend church on Sundays to remember God's +benefits and goodness to all and to give thanks for these with +prayers and to pray to be given daily necessities. + +Anyone fighting in church shall be excluded from the fellowship of +the parish community. + +No one shall use a rope or device to stretch cloth for sale so to +make it appear as more in quantity than it is. + +No one may sell cloth at retail unless the town where it was +dressed, dyed, and pressed has placed its seal on the cloth. Cloth +may not be pressed with a hot press, but only with a cold press. + +Offices may not be bought and sold, but only granted by justices +of the royal courts. + +No one going from house to house to repair metal goods or sell +small goods he is carrying may do this trade outside the town +where he lives. + +No one may sell ale or beer without a license, because there have +been too many disorders in common alehouses. Offenders may be put +in the town or county gaol for three days. + +Only persons with yearly incomes of 1,333s. or owning goods worth +13,333s. may store wine in his house and only for the use of his +household. + +No one may sell forged iron, calling it steel, because the edged +tools and weapons made from it are useless. + +Parish communities shall repair the highways for four days each +year using oxen, cart, plough, shovels, and spades. + +The children of priests are declared legitimate so they may +inherit their ancestor's lands. The priests may be tenants by +courtesy after the death of their wives of such land and tenements +that their wives happened to be seized of in fee simple or in fee +tail, during the spousals. + +The King's proclamations shall be observed and kept as though they +were acts of Parliament. The penalty shall not be more than that +stated in the proclamation, except for heresy. + +The Year Books ceased in 1535. + + + + + - Judicial Procedure - + +By royal proclamation of 1546, only those admitted by the +Chancellor and two chief justices may practice as counsel or in +legal pleading in any of the King's courts. Also, such a person +must be serjeant-at-law, reader, utter barrister, or an eight-year +fellow of one of the four houses of court, except in the Court of +Common Pleas. + +Doctors of the civil law may practice in the church or Chancery +courts. + +Justices shall tax inhabitants of the county for building gaols +throughout the nation, for imprisonment of felons, to be kept by +the sheriffs and repaired out of the Exchequer. + +Piracy at sea or in river or creek or port are adjudicated in +counties because of the difficulty of obtaining witnesses from the +ship, who might be murdered or who are on other voyages on the +sea, for adjudication by the admiral. + +Piracy and murder on ships is punishable by death only after +confession or proof by disinterested witnesses. + +Land held by tenants in common may be partitioned by court order, +because some of these tenants have cut down all the trees to take +the wood and pulled down the houses to convert the material to +their own use. + +Persons worth 800s. a year in goods shall be admitted in trials of +felons in corporate towns although they have no freehold of land. + +Each justice of the high courts may employ one chaplain. + +The Privy Council took the authority of the star chamber court, +which organized itself as a specialty court. Also, a specific +group of full-time councilors heard pleas of private suitors. + +The bishops, nobility, and Justices of the Peace were commanded to +imprison clergy who taught papal authority. Justices of the Peace +and sheriffs were to watch over the bishops. The Justices of +Assize were to assess the effectiveness of the Justices of the +Peace as well as enforce the treason statute on circuit. + +The criminal court went outside the common law to prosecute +political enemies, e.g. by dispensing with a jury. + +Since the nation was now peaceful, expediency was no longer +needed, so judicial procedures again became lengthy and formal +with records. + +The Chancery court enforced the obligations known as trusts, in +the name of equity and good conscience. It adopted every analogy +that the common law presented. Its procedure was to force the +defendant to answer on oath the charges that were brought against +him. All pleadings and usually testimony was put into writing. +Much evidence consisted of written affidavits. There was no jury. +The Chancery court did not record its decisions apparently because +it did not see itself s bound by precedents. + +Witnesses could be sworn in to state pertinent facts necessary for +full understanding and adjudication of cases, because they are +reliable now that there is no unlicensed livery and maintenance +and because jurors no longer necessarily know all the relevant +facts. + +When acting as the highest court, the House of Lords was presided +over by the Chancellor, who sat on his prescribed place on the +wool sacks. It had the following jurisdiction: trial of peers for +high treason and serious felony, appeals on writs of error from +courts of the common law, and impeachment. The House of Lords +served as judge of impeachment cases, whereas the House of Commons +served as fact finders. + +The leet court and sheriff's turn court have much less +jurisdiction. They may dispose of presentments of trespasses and +nuisances, but not felony or question of freehold. Such +presentments are made by a set of at least twelve men, and the +presented person is amerced there and then. + + + + + + - - - Chapter 13 - - - + + + + - The Times: 1558-1601 - + +Queen Elizabeth I was intelligent, educated, and wise about human +nature. When young, she was a brilliant student and studied the +Bible, and Greek and Roman history, philosophy, literature, and +oratory. She wrote in English, Latin, French, and Italian. She +read Greek, including the Greek Testament, Greek orators, and +Greek dramatists at age seven, when the first professorship of +Greek was founded at Cambridge University. Learning from books was +one of her highest values throughout her life. + +She was so influenced by her reading of Cicero that she acquired +his style of writing. Her Chief Secretary William Cecil was so +guided by Cicero's "Offices" that he carried a copy in his pocket. +Cicero opined that government officials' duty was to make the +safety and interest of citizens its greatest aim and to design all +their thoughts and endeavors without ever considering personal +advantage. Government was not to serve the interest of any one +group to the prejudice or neglect of the rest, for then discord +and sedition would occur. Furthermore, a ruler should try to +become loved and not feared, because men hated those whom they +feared, and wished dead those whom they hated. Therefore obedience +proceeding from fear could not last, whereas that which was the +effect of love would last forever. An oppressor ruling by terror +will be resented by the citizens, who in secret will choose a +worthier person. Then liberty, having been chained up, would be +unleashed more fiercely than otherwise. To obtain the peoples' +love, a ruler should be kind and bountiful. To obtain the peoples' +trust, a ruler should be just, wise, and faithful. To demonstrate +this, a ruler should be eloquent in showing the people an +understanding better than theirs, the wisdom to anticipate events, +and the ability to deal with adverse events. And this +demonstration should be done with modesty. One cannot get the +peoples' trust by vain shows, hypocritical pretenses, composed +countenances, and studied forms of words. The first goal of a +ruler is to take care that each individual is secured in the quiet +enjoyment of his own property. The second goal is to impose taxes +that are not burdensome. The third goal is to furnish the people +with necessaries. The law should be enforced keeping in mind that +its fundamental purpose is to keep up agreement and union among +citizens. + +Elizabeth cared deeply for the welfare of all citizens of whatever +class. She was sensitive to public opinion and was loved by her +people. She respected truth and was sincere, avoiding guile or +fraud. She claimed that she had never dishonored her tongue with a +falsehood to anyone. She expected that any covert manipulations by +monarchs would be found out and therefore would damage their +credibility. "It becometh therefor all of our rank to deal +sincerely; lest if we use it not, when we do it we be hardly +believed." + +She was frugal and diplomatically avoided unnecessary wars, saying +that her purse was the pockets of her people. England was a small +Protestant nation threatened by the larger Catholic nations of +France and Spain. When Elizabeth flirted and talked of marriage +with foreign princes, they laid aside any thoughts of conquering +England by war, hoping to obtain it my marriage. Not only did she +not seek to conquer other lands, but she turned down an invitation +to rule the Netherlands. Her credit reputation was so good that +she could always get loans at small rates of interest from other +countries. + +Tudor government was paternalistic, curtailing cutthroat +competition, fixing prices and wages, and licensing production +under grants of monopoly to achieve a stable and contented society +and a fair living for all. + +Elizabeth prayed for divine guidance as in this prayer: "Almighty +God and King of all kings, Lord of heaven and earth, by whose +leave earthly princes rule over mortals, when the most prudent of +kings who administered a kingdom, Solomon, frankly confessed that +he was not capable enough unless Thou broughtst him power and +help, how much less am I, Thy handmaid, in my unwarlike sex and +feminine nature, adequate to administer these Thy kingdoms of +England and of Ireland, and to govern an innumerable and warlike +people, or able to bear the immense magnitude of such a burden, if +Thou, most merciful Father didst not provide for me (undeserving +of a kingdom) freely and against the opinion of many men. Instruct +me from heaven, and give help so that I reign by Thy grace, +without which even the wisest among the sons of men can think +nothing rightly. Send therefore, O inexhaustible Fount of all +wisdom, from Thy holy heaven and the most high throne of Thy +majesty, Thy wisdom to be ever with me, that it may keep watch +with me in governing the commonwealth, and that it may take pains, +that it may teach me, Thy handmaid, and may train me that I may be +able to distinguish between good and evil, equity and iniquity, so +as rightly to judge Thy people, justly to impose deserved +punishments on those who do harm, mercifully to protect the +innocent, freely to encourage those who are industrious and useful +to the commonwealth. And besides, that I may know what is +acceptable to Thee alone, vouchsafe that I wish, dare, and can +perform it without paying respect to any earthly persons or +things. So that when Thou Thyself, the just Judge, who askest many +and great things from those to whom many and great things are +entrusted, when Thou requirest an exact accounting, charge me not +with badly administering my commonwealth and kingdom. But if by +human thoughtlessness or infirmity Thy handmaid strays from the +right in some thing, absolve me of it by Thy mercy, most high King +and most mild Father, for the sake of Thy Son Jesus Christ; and at +the same time grant that after this worldly kingdom has been +exacted of me, I may enjoy with Thee an eternity in Thy heavenly +and unending kingdom, through the same Jesus Christ, Thy Son and +the Assessor of Thy kingdom, our Lord and Mediator. To whom with +Thee and with the Holy Spirit, one everlasting King, immortal, +invisible, only-wise God, be all honor and glory forever and ever, +amen. + +Elizabeth promoted commercial speculations, which diffused a vast +increase of wealth among her people. The Elizabethan era was one +of general prosperity. Her good spirits and gayness created a +happy mood in the nation. She loved dancing and madrigal music was +popular. She came to dress elaborately and fancifully. Her dresses +were fitted not only at the waist, but along the torso by a long +and pointed bodice stiffened with wood, steel, or whalebone. Her +skirt was held out with a petticoat with progressively larger +hoops. There were two layers of skirt with the top one parted to +show the bottom one. The materials used were silks, satins, +velvets, and brocades. On her dress were quiltings, slashings, and +embroidery. It was covered with gold ornaments, pearls, gems, and +unusual stones from America. She wore decorated gloves. Ladies +copied her and discarded their simple over-tunics for elaborate +dresses. The under-tunic was now becoming a petticoat and the +over-tunic a dress. Their under-tunics became petticoats. Often +they also wore a fan with a mirror, a ball of scent, a miniature +portrait of someone dear to them, and sometimes a watch. Single +ladies did not wear hats, but had long, flowing hair and low cut +dresses showing their bosoms. Married ladies curled their hair and +wore it in high masses on their heads with jewels interwoven into +it. Both gentlemen and ladies wore hats both indoors and outside +and large, pleated collars around their necks (with the newly +discovered starch), perfume, rings with stones or pearls, and +high-heeled shoes. Gentlemen's' tight sleeves, stiffened and +fitted doublet with short skirt, and short cloak were ornamented +and their silk or velvet hats flamboyant, with feathers. At their +leather belts they hung pouches and perhaps a watch. They wore +both rapiers [swords with cutting edges] and daggers daily as +there were many quarrels. There were various artistic beard cuts +and various lengths of hair, which was often curled and worn in +ringlets. Barbers sought to give a man a haircut that would favor +his appearance, for instance a long slender beard for a round face +to make it seem narrower and a broad and large cut for a lean and +straight face. Men now wore stuffed breeches and stockings instead +of long hosen. Some wore a jewelled and embroidered codpiece +between their legs to emphasize their virility. Both gentlemen and +ladies wore silk stockings and socks over them and then boots. +Coats dipped in boiled linseed oil with resin served as raincoats. +Both men and women wore velvet or wool full length nightgowns with +long sleeves and fur lining and trimming to bed, which was the +custom for the next 150 years. Fashions changed every year due to +the introduction of cheaper, lighter, and less durable cloths by +immigrant craftsmen. When Elizabeth became old, she had a wig made +to match her youthful long red hair. Other ladies then began +wearing wigs. + +Every few years, Elizabeth issued a proclamation reminding people +of the apparel laws and reiterating certain provisions which had +been disregarded. For instance, only the royal family and dukes +and marquises in mantles of the garter could wear the color +purple. One had to be at least an earl to wear gold or silver or +sable. Only dukes, marquises, earls and their children, barons, +and knights of the order could wear imported wool, velvet, +crimson, scarlet, or blue, or certain furs. Except that barons' +sons, knights, or men that could dispend at least 200 pounds +yearly could wear velvet in gowns or coats, embroidery, and furs +of leopards. Spurs, swords, rapiers, daggers, and woodknives were +restricted to knights and barons' sons or higher. A man who could +dispend at least 100 pounds per year could wear taffeta, satin, +damask, or cloth made of camels' hair and silk, in his outer +garments. One had to be the son and heir or the daughter of a +knight or wife of said son or a man who could dispend 20 pounds +yearly or had 200 pounds worth in goods to wear silk in one's hat, +bonnet, nightcap, girdle, scabbard, or hose. Yeomen, husbandmen, +serving men, and craftsmen were very restricted in what they could +wear. Poor men wore skirted fustian tunics, loose breeches, and +coarse stockings or canvas leggings. + +Women spent much of their time doing needlework and embroidery. +Since so many of the women who spent their days spinning were +single, unmarried women became known as "spinsters". + +Children wore the same type of apparel as their elders. They were +given milk at meals for good growth. It was recognized that +sickness could be influenced by diet and herbs. Sickness was still +viewed as an imperfect balance of the four humors. + +There were many lifestyle possibilities in the nation: gentleman, +that is one who owned land or was in a profession such as a +attorney, physician, priest or who was a university graduate, +government official, or a military officer; employment in +agriculture, arts, sciences; employment in households and offices +of noblemen and gentlemen; self-sufficient farmers with their own +farm; fisherman or mariner on the sea or apprentice of such; +employment by carriers of grain into cities, by market towns, or +for digging, seeking, finding, getting, melting, fining, working, +trying, making of any silver, tin, lead, iron, copper, stone, +coal; glassmaker. + +Typical wages in the country were: fieldworkers 2-3d. a day, +ploughmen 1s. a week with board, shepherd 6d. a week and board, +his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending on +the grain, thatching for five days 2d., master mason or carpenter +or joiner 4d. a day and food or 8d. without food, a smith 2d. a +day with food, a bricklayer 2 1/2 d. a day with food, a shoemaker +2d. a day with food. These people lived primarily on food from his +own ground. + +There was typical work for each month of the year in the country: +January - ditching and hedging after the frost broke, February - +catch moles in the meadows, March - protect the sheep from +prowling dogs, April - put up hop poles, sell bark to the tanner +before the timber is felled, fell elm and ash for carts and +ploughs, fell hazel for forks, fell sallow for rakes, fell horn +for flails, May - weed and hire children to pick up stones from +the fallow land, June - wash and shear the sheep, July - hay +harvest, August - wheat harvest, September and October - gather +the fruit, sell the wool from the summer shearing, stack logs for +winter, buy salt fish for Lent in the town and lay it up to dry, +November - have the chimneys swept before winter, thresh grain in +the barn, December - grind tools, repair yokes, forks, and farm +implements, cover strawberry and flower beds with straw to protect +them from the cold, split kindling wood with beetle and wedge, tan +their leather, make leather jugs, make baskets for catching fish, +and carve wood spoons, plates, and bowls. + +There was a wave of building and renovation activity in town and +country. Housing is now, for the first time, purely for dwelling +and not for defense. Houses were designed symmetrically with +decorative features instead of a haphazard addition of rooms. +Windows were large and put on the outer walls instead of just +inside the courtyard. A scarcity of timber caused proportionally +more stone to be used for dwelling houses and proportionately more +brick to be used for royal palaces and mansions. The rest of the +house was plaster painted white interspersed with vertical, +horizontal, and sloping timber, usually oak, painted black. There +were locks and bolts for protection from intruders. The hall was +still the main room, and usually extended up to the roof. Richly +carved screens separated the hall from the kitchen. The floors +were stone or wood, and sometimes tile. They were often covered +with rushes or plaited rush mats, on which incomers could remove +the mud from their boots. Some private rooms may have carpets on +the floor. Walls were smoothly plastered or had carved wood +paneling to control drafts. Painted cloths replaced tapestries on +walls. Iron stands with candles were hung from the ceiling and +used on tables. Plastered ceilings and a lavish use of glass made +rooms lighter and cozy. Broad and gracious open stairways with +carved wood banisters, which replaced the narrow winding stone +steps of a circular stairwell. Most houses had several ornamented +brick chimneys and clear, but uneven, glass in the windows. There +were fireplaces in living rooms, dining rooms, kitchen, and +bedrooms, as well as in the hall and great chamber. Parlors were +used for eating and sitting only, but not for sleeping. Closets +were rooms off bedrooms in which one could read and write on a +writing table, and store one's books, papers, maps, calendar, +medals, collections, rarities, and oddities. Sometimes there was a +study room or breakfast room as well. A gentleman used his study +not only to read and to write, but to hold collections of early +chronicles, charters, deeds, copied manuscripts, and coins that +reflected the budding interest in antiquarianism; and to study his +family genealogy, for which he had hired someone to make an +elaborate diagram. He was inclined to have a few classical, +religious, medical, legal, and political books there. Rooms were +more spacious than before and contained oak furniture such as +enclosed cupboards, cabinets, buffets from which food could be +served, tables, chairs and benches with backs and cushions, +sometimes with arms, lidded chests for storing clothes and linens, +and occasionally chests of drawers or wardrobes, either hanging or +with shelves, for clothes. Chests of drawers developed from a +drawer at the bottom of a wardrobe. Carpeting covered tables, +chests, and beds. Family portraits decorated some walls, usually +in the dining room. Great houses had a wardrobe chamber with a +fireplace in front of which the yeoman of the wardrobe and his +assistants could repair clothes and hangings. Separate bedchambers +replaced bed-sitting rooms. Bedrooms all led out of each other. +The lady's chamber was next to her lord's chamber, and her ladies' +chambers were close to her chamber. But curtains on the four +poster beds with tops provided privacy and warmth. Beds had +elaborately carved bedsteads, sheets, and a feather cover as well +as a feather mattress. Often family members, servants, and friends +shared the same bed for warmth or convenience. Each bedroom +typically had a cabinet with a mirror, e.g. of burnished metal or +crystal, and comb on top. One brushed his teeth with tooth soap +and a linen cloth, as physicians advised. Each bedroom had a +pitcher and water bowl, usually silver or pewter, for washing in +the morning, and a chamber pot or a stool with a hole over a +bucket for nighttime use, and also fragrant flowers to override +the unpleasant odors. The chamber pots and buckets were emptied +into cesspits. A large set of lodgings had attached to it latrines +consisting of a small cell in which a seat with a hole was placed +over a shaft which connected to a pit or a drain. The servants +slept in turrets or attics. Elizabeth had a room just for her +bath. + +More than medieval castles and manor houses, mansions were +designed with privacy in mind. Breakfast was substantial, with +meat, and usually eaten in one's bedroom. The great hall, often +hung around with bows, pikes, swords, and guns, was not abandoned, +but the family took meals there only on rare occasions. Instead +they withdrew to a parlor, for domestic use, or the great chamber, +for entertaining. Parlors were situated on the ground floor: the +family lived and relaxed there, and had informal meals in a dining +parlor. + +The formal or "state" rooms were on the first floor above the +ground floor, usually comprising a great chamber, a withdrawing +chamber, one or more bedchambers, and a long gallery. Each room +had carved chairs and cabinets. Taking a meal in the great chamber +involved the same ceremonial ritual as in the manorial great +chamber dating from the 1400s. The table was covered with a linen +cloth. Some sat above the fancy silver salt cellar and pepper, and +some sat below. Grace was said before the meal. Noon dinner and +supper were served by sewer, carver, cupbearer, and assistants. +The lady of the house sat in a chair at the upper end of the table +and was served first. Fine clear Italian glass drinking vessels +replaced even gold and silver goblets. They ate from silver dishes +with silver spoons. Some gentry used two-pronged forks. There was +great plenty and variety of meats to all but the poorer classes: +beef, mutton, veal, lamb, kid, pork, hare, capon, red deer, fish +and wild fowl as well as the traditional venison and brawn [boar]. +Kitchen gardens and orchards supplied apricots, almonds, +gooseberries, raspberries, melons, currants, oranges, and lemons +as well as the traditional apples, pears, plums, mulberries, +quinces, pomegranates, figs, cherries, walnuts, chestnuts, hazel +nuts, filberts, almonds, strawberries, blackberries, dewberries, +blueberries, and peaches. Also grown were sweet potatoes, +artichokes, cabbages, turnips, broad beans, peas, pumpkins, +cucumbers, radishes, carrots, celery, parsnips, onions, garlic, +leeks, endive, capers, spinach, sorrel, lettuce, parsley, mustard, +cress, sage, tarragon, fennel, thyme, mint, savory, rhubarb, and +medicinal herbs. The well-to-do started to grow apricots, peaches, +and oranges under glass. Sugar was used to make sweet dishes. +Toothpicks made of brass or silver or merely a stiff quill were +used. After the meal, some men and women were invited for +conversation in a withdrawing or drawing chamber. Some might take +a walk in the gardens. After the upper table was served, the food +was sent to the great hall to the steward and high household +officers at the high table and other servants: serving men and +women, bakers, brewers, cooks, pot cleaners, laundresses, +shepherds, hogherds, dairy maids, falconers, huntsmen, and stable +men. What was left was given to the poor at the gates of the +house. Great chambers were used primarily for meals, but also for +music; dancing; plays; masques; playing cards, dice, backgammon, +or chess; and daily prayers if there was no chapel. + +The idea of a long gallery was copied from Henry VII and was used +for exercise, recreation such as music and dancing, and private +conversations. Without the necessity of fortifications, the estate +of a noble or gentleman could spread out to include not only a +garden for the kitchen, but extensive orchards and beautiful +formal gardens of flowers and scrubs, sometimes with fountains and +maybe a maze of hedges. Trees were planted, pruned, and grafted +onto each other. + +Householders had the responsibility to teach their family and +servants religion and morals, and often read from the Bible to +them. Many thought that the writers of the Bible wrote down the +exact words of God, so the passages of the Bible should be taken +literally. A noble lord made written rules with penalties for his +country household, which numbered about a hundred, including +family, retainers, and servants. He enforced them by fines, +flogging, and threats of dismissal. The lady of the house saw that +the household, held together as an economic and social unit. The +noble's family, retainers, guests, and the head servants, such as +chaplain and children's tutor, and possibly a musician, dined +together at one table. The family included step children and +married sons and daughters with their spouses. Young couples often +lived with the parents of one of them. Chandeliers of candles lit +rooms. There were sandglass clocks. Popular home activities +included reading, conversation, gardening, and music-making. +Smoking tobacco from a clay pipe and taking snuff became popular +with men. For amusement, one of the lord's household would take +his place in managing the estate for twelve days. He was called +the "lord of misrule", and mimicked his lord, and issued comic +orders. Clothes were washed in rivers and wells. At spring +cleanings, windows were opened, every washable surface washed, and +feather beds and pillows exposed to the sun. + +Most dwellings were of brick and stone. Only a few were of wood or +mud and straw. The average house was now four rooms instead of +three. Yeomen might have six rooms. A weaver's house had a hall, +two bedrooms, and a kitchen besides the shop. Farmers might have +two instead of one room. A joiner had a one-room house with a +feather bed and bolster. Even craftsmen, artificers and simple +farmers slept on feather beds on bed frames with pillows, sheets, +blankets, and coverlets. Loom tapestry and painted cloth was hung +to keep out the cold in their single story homes. They also had +pewter spoons and plates, instead of just wood or earthenware +ones. Even the poorer class had glass drinking vessels, though of +a coarse grade. The poor still used wooden plates and spoons. +Laborers had canvas sheets. Richer farmers would build a chamber +above the hall, replacing the open hearth with a fireplace and +chimney at a wall. Poorer people favored ground floor extensions, +adding a kitchen or second bedchamber to their cottages. Kitchens +were often separate buildings to reduce the risk of fire. Roasting +was done on a spit and baking in irons boxes placed in the fire or +in a brick oven at the side of the fireplace. Sometimes dogs were +used to turn a spit by continual running in a treadmill. Some +people lived in hovels due to the custom in many places that a +person could live in a home he built on village waste land if he +could build it in one night. + +Yeomen farmers still worked from dawn to dusk. Mixed farming +began. In this, some of the arable land produced food for man and +the rest produced food for sheep, cattle, pigs, and poultry. This +was made possible by the introduction of clover, artificial +grasses, and turnip and other root crops for the animals. Since +the sheep ate these crops in the field, they provided manure to +maintain the fertility of the soil. This meant that many animals +could be maintained throughout the winter instead of being +slaughtered and salted. + +Farmers' wives used looms as well as spinning wheels with foot +treadles. Since animals could now be kept through the winter, +salted meat and salted fish were no longer the staple food of the +poorer people during the winter. Farm laborers ate soup, porridge, +milk, cheese, bacon, and beer or mead (depending on the district), +and dark barley or rye bread, which often served as his plate. +Gentlemen ate wheat bread. There was a scarcity of fruits and +vegetables that adversely affected the health of the affluent as +well as of the poor due to the overall decline in farming. During +winter, there were many red noses and coughing. + +The value of grain and meat rose compared to wool. Grain became +six times its value in the previous reign. Wool fell from 20s.8d. +per tod to 16s. So sheep-farming, which had taken about 5% of the +arable land, was supplanted somewhat by crop-raising and the rural +population could be employed for agriculture. In some places, the +threefold system of rotation was replaced by alternating land used +for crops with that used for pasture. The necessity of manuring +and the rotation of crops and grasses such as clover for +enrichment of the soil were recognized. Wheat, rye, barley, peas, +and beans were raised. There was much appropriation of common land +by individual owners by sale or force. Many farms were enclosed by +fences or hedges so that each holder could be independent of his +neighbors. Red and black currants, rhubarb, apricots, and oranges +were now grown. These independent farmers could sell wool to +clothiers, and butter, cheese, and meat to the towns. They also +often did smithwork and ironwork, making nails, horseshoes, keys, +locks, and agricultural implements to sell. A laborer could earn +6d. a day in winter and 7d. a day in summer. Unfree villeinage +ceased on the royal estates. But most land was still farmed in +common and worked in strips without enclosure. Elizabeth made +several proclamations ordering the enclosure of certain enclosed +land to be destroyed and the land returned to tillage. Windmills +now had vanes replacing manual labor to change the position of the +sails when the wind direction changed. Prosperous traders and +farmers who owned their own land assumed local offices as +established members of the community. + +The population of the nation was about five million. Population +expansion had allowed landlords to insist on shorter leases and +higher rents, instead of having to choose between accepting a long +lease and good rent or allowing their estates to pass out of +cultivation. Over 50% of the population were on the margin of +subsistence. 90% of the population lived in the countryside and 5% +in the London and 5% in the other towns. Life expectancy was about +40 years of age. Over 50% was under the age of 23, while only +about 9% were over 60. Fluctuations in rates of population growth +were traceable back to bad harvests and to epidemics and the two +were still closely related to each other: "first dirth and then +plague". + +Most of London was confined within the city wall. There were +orchards and gardens both inside and outside the walls, and fields +outside. Flower gardens and nurseries came into existence. No part +of the city was more than a ten minute walk to the fields. Some +wealthy merchants had four story mansions or country houses +outside the city walls. The suburbs of the City of London grew in +a long line along the river; on the west side were noblemen's +houses on both sides of the Strand. East of the Tower was a +seafaring and industrial population. Goldsmiths' Row was replete +with four story houses. A few wealthy merchants became money- +lenders for interest, despite the law against usury. The mayor of +London was typically a rich merchant prince. Each trade occupied +its own section of the town and every shop had its own signboard, +for instance, hat and cap sellers, cloth sellers, grocers, +butchers, cooks, taverns, and book-sellers. Many of the London +wards were associated with a craft, such as Candlewick Ward, Bread +St. Ward, Vintry Ward, and Cordwainer Ward. Some wards were +associated with their location in the city, such as Bridge Ward, +Tower Ward, Aldgate Ward, Queenhithe Ward, and Billingsgate Ward. +People lived at the back or on the second floor of their shops. In +the back yard, they grew vegetables such as melons, carrots, +turnips, cabbages, pumpkins, parsnips, and cucumbers; herbs; and +kept a pig. The pigs could still wander through the streets. Hyde +Park was the Queen's hunting ground. London had a small zoo of ten +animals, including a lion, tiger, lynx, and wolf. + +London was England's greatest manufacturing city. By 1600 the +greatest trading companies in London ceased to be associated only +with their traditional goods and were dominated by merchants whose +main interest was in the cloth trade. Ambitious merchants joined a +livery company to become freemen of the city and for the status +and social benefits of membership. The companies still made +charitable endowments, had funeral feasts, cared for the welfare +of guild members, and made lavish displays of pageantry. They were +intimately involved with the government of the city. They supplied +members for the Court of Aldermen, which relied on the companies +to maintain the City's emergency grain stores, to assess and +collect taxes, to provide loans to the Crown, to control prices +and markets, to provide armed men when trouble was expected, and +to raise armies for the Crown at times of rebellion, war, or +visits from foreign monarchs. From about 1540 to 1700, there were +23% involved in cloth or clothing industries such as weavers, +tailors, hosiers, haberdashers, and cappers. 9% were +leatherworkers such as skinners; tanners; those in the heavy +leather crafts such as shoemakers, saddlers, and cobblers; and +those in the light leather crafts such as glovers and pursers. +Another 9% worked in metals, such as the armorers, smiths, +cutlers, locksmiths, and coppersmiths. 8% worked in the building +trades. The victualling trades, such as bakers, brewers, butchers, +costermongers [sold fruit and vegetables from a cart or street +stand], millers, fishmongers, oystermen, and tapsters [bartender], +grew from 9% before 1600 to 16% by 1700. Of London's workforce, +60% were involved in production; 13% were merchants before 1600; +7% were merchants by 1700; 7% were transport workers such as +watermen, sailors, porters, coachmen, and shipwrights; and 5-9% +were professionals and officials (this number declining). Life in +London was lived in the open air in the streets. The merchant +transacted business agreements and the attorney saw his clients in +the street or at certain pillars at St. Paul's Church, where there +was a market for all kinds of goods and services, including +gentlemen's valets, groceries, spirits, books, and loans, which +continued even during the daily service. Some gentlemen had +offices distant from their dwelling houses such as attorneys, who +had a good income from trade disputes and claims to land, which +often changed hands. Plays and recreation also occurred in the +streets, such as performances by dancers, musicians, jugglers, +clowns, tumblers, magicians, and men who swallowed fire. The +churches were continuously open and used by trades and peddlers, +including tailors and letter-writers. Water carriers carried water +in wood vessels on a shoulder from the Thames River or its +conduits to the inhabitants three gallons at a time. A gentleman +concocted an engine to convey Thames water by lead pipes up into +men's houses in a certain section of the city. Soldiers, +adventurers, physicians, apprentices, prostitutes, and cooks were +all distinguishable by their appearances. An ordinance required +apprentices to wear long blue gowns and white breeches with +stockings, with no ornamentation of silk, lace, gold or silver and +no jewelry. They could wear a meat knife, but not a sword or +dagger. Apprentices lived with their masters and worked from 6 or +7 a.m. to 9 p.m. Some people knitted wool caps as they walked to +sell when finished. There were sections of town for booksellers, +butchers, brewers, hosiers, shoemakers, curriers, cooks, poulters, +bow makers, textwriters, pattenmakers, and horse and oxen sellers. +Large merchant companies had great halls for trade, such as the +mercers, grocers, drapers, fishmongers, and goldsmiths. The other +great guilds were the skinners, merchant tailers, haberdashers, +salters, ironmongers, vintners, and clothworkers. Smaller guilds +were those of the bakers, weavers, fruiterers, dyers, Thames +watermen and lightermen, carpenters, joiners, turners, and parish +clerks. The guilds insured quality by inspecting goods for a fee. + +About 1571, mercer and Merchant Adventurer Thomas Gresham +established the Royal Exchange as a place for merchants and +brokers to meet for business purposes. It became the center of +London's business life. Its great bell rang at midday and at 6 +p.m. Its courtyard was lined with shops that rented at 50s. yearly +and became a popular social and recreational area. Gresham +formulated his law that when two kinds of money of equal +denomination but unequal intrinsic value are in circulation at the +same time, the one of greater value will tend to be hoarded or +exported, i.e. bad money will drive good money out of circulation. + +The work-saving knitting frame was invented in 1589 by minister +William Lee; it knit crosswise loops using one continuous yarn and +was operated by hand. The stocking knitters, who knitted by hand, +put up a bitter struggle against its use and chased Lee out of the +country. But it did come into use. Some frame-work stocking +knitters paid frame rent for the use of their knitting frames. +Frame knitting became a scattered industry. + +By 1600 basement services were frequently found in town houses +built on restricted sites in London. Lastly, provision of water +supplies and improved sanitary arrangements reflected concern with +private and public health. There was virtually no drainage. In the +case of town houses, some owners would go to considerable effort +to solve drainage problems, often paying cash to the civic +authorities, but sometimes performing some service for the town at +Court or at Westminster, in return for unlimited water or some +drainage. Most affluent households, including the Queen's moved +from house to house, so their cesspits could be cleaned out and +the vacated buildings aired after use. A few cesspits were made +air tight. Otherwise, there was extensive burning of incense. +Refuse was emptied out of front doors and shoveled into heaps on +street corners. It was then dumped into the Thames or along the +highways leading out of town. People put on perfume to avoid the +stench. By 1600, the first toilet and water closet, where water +flushed away the waste, was built. This provided a clean toilet +area all year round. But these toilets were not much used because +of sewer smells coming from them. The sky above London was +darkened somewhat by the burning of coal in houses. + +Taverns served meals as well as ale. They were popular meeting +places for both men and women of all backgrounds to met their +friends. Men went to taverns for camaraderie and to conduct +business. Women usually went to taverns with each other. Two +taverns in particular were popular with the intelligentsia. Music +was usually played in the background and games were sometimes +played. Beer made with hops and malt was introduced and soon there +were beer drinking contests. Drunkenness became a problem. + +At night, the gates of the city were closed and citizens were +expected to hang out lanterns. The constable and his watchmen +carried lanterns and patrolled the streets asking anyone they saw +why they were out so late at night. Crime was rampant in the +streets and criminals were executed near to the crime scene. + +There were a few horse-drawn coaches with leather flaps or +curtains in the unglazed windows to keep out the weather. The main +thoroughfare in London was still the Thames River. Nobles, peers, +and dignitaries living on the Thames had their own boats and +landings. Also at the banks, merchants of all nations had landing +places where ships unloaded, warehouses, and cellars for goods and +merchandise. Swans swam in the clear bright water. Watermen rowed +people across the Thames for a fee. In Southwark were theaters, +outlaws, cutpurses, prostitutes, and prisons. In 1550 Southwark +became the 26th and last ward of the city. In the summer, people +ate supper outside in public. + +As of old times, brokers approved by the Mayor and aldermen made +contracts with merchants concerning their wares. Some contracts +included holding wares as security. Some craftsmen and manual +workers extended this idea to used garments and household +articles, which they took as pawns, or security for money loaned. +This began pawn brokerage, which was lucrative. The problem was +that many of the items pawned had been stolen. + +Elizabeth had good judgment in selecting her ministers and +advisors for her Privy Council, which was organized like Henry +VIII's Privy Council. The Queen's Privy Council of about twelve +ministers handled foreign affairs, drafted official communiques, +issued proclamations, supervised the county offices: the 1500 +justices of the peace, chief constables, sheriffs, lord +lieutenants, and the county militias. It fixed wages and prices in +London, advised Justices of the Peace on wages elsewhere, and +controlled exports of grain to keep prices down and supplies +ample. It banned the eating of meat two days a week so that the +fishing industry and port towns would prosper. When grain was +scarce in 1596, Elizabeth made a proclamation against those +ingrossers, forestallers, and ingraters of grain who increased its +price by spreading false rumors that it was scarce because much of +it was being exported, which was forbidden. There were labor +strikes in some towns for higher wages after periods of inflation. +In 1591, London authorities rounded up the sturdy vagabonds and +set them to work cleaning out the city ditches for 4d. per day. + +Elizabeth did not allow any gentleman to live in London purely for +pleasure, but sent those not employed by the Court back to their +country manors to take care of and feed the poor of their +parishes. Her proclamation stated that "sundry persons of ability +that had intended to save their charges by living privately in +London or towns corporate, thereby leaving their hospitality and +the relief of their poor neighbors, are charged not to break up +their households; and all others that have of late time broken up +their households to return to their houses again without delay." +She never issued a license for more than 100 retainers. She was +partially successful in stopping justices of the peace and +sheriffs from wearing the liveries of great men. She continued the +policy of Henry VII to replace the rule of force by the rule of +law. Service of the crown and influence at court became a better +route to power and fortune than individual factions based on local +power structures. At the lowest level, bribery became more +effective than bullying. The qualities of the courtier, such as +wit, and the lawyer became more fashionable than the qualities of +the soldier. + +Most of the men in Elizabeth's court had attended a university, +such as Francis Bacon, son of the Lord Keeper, who became a +writer, attorney, member of the Commons, and experimental +philosopher, and Walter Ralegh, the sea-fighter and writer, who +had a humble origin. Many wives and daughters of Privy Councilors +attended the Queen in her privy chamber. Most of the knights or +gentlemen of the royal household were also members of Parliament +or Justices of the Peace for certain districts in the counties. +Instead of the office of Chancellor, which was the highest legal +office, Elizabeth appointed a man of common birth to be Lord +Keeper of the Great Seal; she never made a Lord Keeper a peer. +Elizabeth encouraged her lords to frankly make known their views +to her, in public or in private, before she decided on a course of +action. She had affectionate nicknames for her closest courtiers, +and liked to make puns. The rooms of the Queen were arranged as +they had been under Henry VIII: the great hall was the main dining +room where the servants ate and which Elizabeth attended on high +days and holidays; the great chamber was the main reception room, +where her gentlemen and yeomen of the guard waited; the presence +chamber was where she received important visitors; beyond lay her +privy chamber and her bedchamber. She ate her meals in the privy +chamber attended only by her ladies. She believed that a light +supper was conducive to good health. The Lord Chamberlain attended +the Queen's person and managed her privy chamber and her well-born +grooms and yeomen and ladies-in-waiting. The Lord Steward managed +the domestic servants below the stairs, from the Lord Treasurer to +the cooks and grooms of the stable. The court did not travel as +much as in the past, but became associated with London. Elizabeth +took her entire court on summer visits to the country houses of +leading nobility and gentry. Courtiers adopted symbolic "devices" +as statements of their reaction to life or events, e.g. a cupid +firing arrows at a unicorn signified chastity under attack by +sexual desire. They carried them enamelled on jewels, had them +painted in the background of their portraits, and sometimes had +them expressed on furniture, plate, buildings, or food. + +The authority of the Queen was the authority of the state. +Elizabeth's experience led her to believe that it was most +important for a monarch to have justice, temperance, magnanimity, +and judgment. She claimed that she never set one person before +another, but upon just cause, and had never preferred anyone to +office for the preferrer's sake, but only when she believed the +person worthy and fit for the office. She never blamed those who +did their best and never discharged anyone form office except for +cause. Further, she had never been partial or prejudiced nor had +listened to any person contrary to law to pervert her verdicts. +She never credited a tale that was first told to her and never +corrupted her judgment with a censure before she had heard the +cause. She did not think that the glory of the title of monarch +made all she did lawful. To her, clemency was as eminent in +supreme authority as justice and severity. + +Secular education and especially the profession of law was now the +route for an able but poor person to rise to power, rather than as +formerly through military service or through the church. + +The first stage of education was primary education, which was +devoted to learning to read and write in English. This was carried +out at endowed schools or at home by one's mother or a tutor. The +children of the gentry were usually taught in their homes by +private teachers of small classes. Many of the poor became +literate enough to read the Bible and to write letters. However, +most agricultural workers and laborers remained illiterate. They +signed with an "x", which represented the Christian cross and +signified its solemnity. Children of the poor were expected to +work from the age of 6 or 7. + +The next stage of education was grammar [secondary] school or a +private tutor. A student was taught rhetoric (e.g. poetry, +history, precepts of rhetoric, and classical oratory), some logic, +and Latin and Greek grammar. English grammar was learned through +Latin grammar and English style through translation from Latin. As +a result, they wrote English in a latin style. Literary criticism +was learned through rhetoric. There were disputations on +philosophical questions such as how many angels could sit on a +pin's point, and at some schools, orations. The students sat in +groups around the hall for their lessons. The boys and some girls +were also taught hawking, hunting and archery. There were no +playgrounds. The grammar student and the undergraduate were tested +for proficiency by written themes and oral disputations, both in +Latin. The middle classes from the squire to the petty tradesman +were brought into contact with the works of the best Greek and +Roman writers. The best schools and many others had the students +read Cicero, the "De Officiis", the epistles and orations, and +some of Ovid, Terence, Sallust, Virgil, some medieval Latin works, +the "Distichs" of Cato, and sometimes Erasmus and Sir Thomas More. +The students also had to repeat prayers, recite the Lord's Prayer +and the Ten Commandments, and to memorize catechisms. Because the +students came from the various social classes such as gentlemen, +parsons, yeomen, mercers, and masons, they learned to be on +friendly and natural terms with other classes. A typical schoolday +lasted from 7:00 am to 5:00 PM. There were so many grammar schools +founded and financed by merchants and guilds such as the Mercers +and Fishmongers that every incorporated town had at least one. +Grammar schools were headed by schoolmasters, who were licensed by +the bishop and paid by the town. Flogging with a birch rod was +used for discipline. + +Many grammar schools had preparatory classes called "petties" for +boys and girls who could not read and write to learn to do so. The +girls did not usually stay beyond the age of nine. This was done +by a schoolmaster's assistant, a parish clerk, or some older boys. +However, the grammar schools did not become the breeding grounds +for humanist ideas because the sovereigns were faced with +religious atomism and political unrest, so used the grammar +schools to maintain public order and achieve political and +religious conformity. + +Some founders of grammar schools linked their schools with +particular colleges in the universities following the example of +Winchester being associated with New College, Oxford, and Eton +with King's College, Cambridge. The new charter of Westminster +(1560) associated the school with Christ Church, Oxford and +Trinity College, Cambridge. + +The government of Oxford University, which had been Catholic, was +taken from the resident teachers and put into the hands of the +Vice-Chancellor, Doctors, Heads of Colleges, and Proctors. +Cambridge already had a strong reformed element from Erasmus' +influence. Oxford University and Cambridge University were +incorporated to have a perpetual existence for the virtuous +education of youth and maintenance of good literature. The +Chancellors, masters, and scholars had a common seal. Oxford was +authorized to and did acquire its own printing press. +Undergraduate students entered about age 16 and resided in rooms +in colleges rather than in scattered lodgings. The graduate +fellows of the college who were M.A.s of under three years +standing had the responsibility, instead of the university, for +teaching the undergraduates. This led many to regard their +fellowship as a position for life rather than until they completed +their post-graduate studies. But they were still required to +resign on marrying or taking up an ecclesiastical benefice. The +undergraduates were poor scholars or fee-paying members of the +college. Some of the fee-paying members or gentlemen-commoners or +fellow-commoners were the sons of the nobility and gentry and even +shared the fellows' table. The undergraduate students were +required to have a particular tutors, who were responsible for +their moral behavior as well as their academic studies. It was +through the tutors that modern studies fit for the education of a +Renaissance gentleman became the norm. Those students not seeking +a degree could devise his own course of study with his tutor's +permission. Less than about 40% stayed long enough to get a +degree. Many students who were working on the seven year program +for a Master's Degree went out of residence at college after the +four year's "bachelor" course. Students had text books to read +rather than simply listening to a teacher read books to them. + +In addition to the lecturing of the M.A.s and the endowed +university lectureships, the university held exercises every +Monday, Wednesday, and Friday in which the student was meant +through disputation, to apply the formal precepts in logic and +rhetoric to the practical business of public speaking and debate. +Final examinations were still by disputation. The students came to +learn to read Latin easily. Students acted in Latin plays. If a +student went to a tavern, he could be flogged. For too elaborate +clothing, he could be fined. Fines for absence from class were +imposed. However, from this time until 1945, a young man's +university days were regarded as a period for the "sowing of wild +oats". + +All students had to reside in a college or hall, subscribe to the +39 articles of the university, the Queen's supremacy, and the +prayer book. Meals were taken together in the college halls. The +universities were divided into three tables: a fellows' table of +earls, barons, gentlemen, and doctors; a second table of masters +of arts, bachelors, and eminent citizens, and a third table of +people of low condition. Professors, doctors, masters of arts and +students were all distinguishable by their gowns. + +Undergraduate education was considered to be for the purpose of +good living as well as good learning. It was to affect the body, +mind, manners, sentiment, and business, instead of just leading to +becoming a better disputant. The emphasis on manners came mostly +from an Italian influence. The university curriculum included +Latin and Greek languages and was for four years. The student +spent at least one year on logic (syllogizing, induction, +deduction, fallacies, and the application of logic to other +studies), at least one year on rhetoric, and at least one year on +philosophy. The latter included physics, metaphysics, history, +law, moral and political philosophy, modern languages, and ethics +(domestic principles of government, military history, diplomatic +history, and public principles of government), and mathematics +(arithmetic, geometry, algebra, music, optics, astronomy). The +astronomy taught was that of Ptolemy, whose view was that the +celestial bodies revolved around a spherical earth, on which he +had laid out lines of longitude and latitude. There were lectures +on Greek and Latin literature, including Aristotle, Plato, and +Cicero. There were no courses on English history in the +universities. + +About 1564, the curriculum was changed to two terms of grammar, +four terms of rhetoric, five terms of dialectic (examining ideas +and opinions logically, e.g. ascertaining truth by analyzing words +in their context and equivocations), three terms of arithmetic, +and two terms of music. There were now negative numbers, +irrational numbers such as square roots, and imaginary numbers +such as square roots of negative numbers. The circumference and +area of a circle could be computed from its radius, and the +Pythagorean theorem related the three sides of a right triangle. +Also available were astrology, alchemy (making various substances +such as acids and alcohols), cultivation of gardens, and breeding +of stock, especially dogs and horses. Astronomy, geometry, natural +and moral philosophy, and metaphysics were necessary for a +master's degree. The university libraries of theological +manuscripts in Latin were supplemented with many non-religious +books. + +There were graduate studies in theology, medicine, music, and law, +which was a merging of civil and canon law together with +preparatory work for studying common law at the Inns of Court in +London. + +In London, legal training was given at the four Inns of Court. +Students were called to dinner by a horn. Only young gentry were +admitted there. A year's residence there after university gave a +gentleman's son enough law to decide disputes of tenants on family +estates or to act as Justice of the Peace in his home county. A +full legal education gave him the ability to handle all family +legal matters, including property matters. Many later became +justices of the Peace or members of Parliament. Students spent two +years in the clerks' commons, and two in the masters' commons. +Besides reading textbooks in Latin, the students observed at court +and did work for practicing attorneys. After about four more +years' apprenticeship, a student could be called to the outer +barre. There was a real bar of iron or wood separating the +justices from the attorneys and litigants. As "Utter Barrister" or +attorney, he would swear to "do no falsehood in the court, +increase no fees but be contented with the old fees accustomed, +delay no man for lucre or malice, but use myself in the office of +an Attorney within the Court according to my learning and +discretion, so help me God, Amen". Students often also studied and +attended lectures on astronomy, geography, history, mathematics, +theology, music, navigation, foreign languages, and lectures on +anatomy and medicine sponsored by the College of Physicians. A +tour of the continent became a part of every gentleman's +education. After about eight years' experience, attorneys could +become Readers and Benchers, the latter of whom made the rules. +Readers gave lectures. Benchers, who were elected by other +Benchers, were entrusted with the government of their Inn of +Court, and usually were King's counsel. Five to ten years later, a +few of these were picked by the Queen for Serjeant at Law, and +therefore eligible to plead at the bar of common pleas. Justices +were chosen from the Serjeants at Law. + +Gresham left the Royal exchange to the city and the Mercer's +Company on condition that they use some of its profits to appoint +and pay seven lecturers in law, rhetoric, divinity, music, +physics, geometry, and astronomy to teach at his mansion, which +was called Gresham College. They were installed in 1598 according +to his Will. Their lectures were free, open to all, and often in +English. They embraced mathematics and new scientific ideas and +emphasized their practical applications. A tradition of research +and teaching was established in mathematics and astronomy. + +Many people kept diaries. Letter writing was frequent at court. +All forms of English literature were now in print, except for +plays. Many ladies read aloud to each other in reading circles and +to their households. Some wrote poetry and did translations. +Correctness of spelling was beginning to be developed. Printers +tended to standardize it. There was much reading of romances, jest +books, histories, plays, prayer collections, and encyclopedias, as +well as the Bible. In schools and gentry households, favorite +reading was Edmund Spenser's "Faerie Queen" about moral virtues +and the faults and errors which beset them, Erasmus' New +Testament, "Paraphrases", "Colloquies", and "Adages", Sir Thomas +North's edition of Plutarch's "Lives of the Noble Grecians and +Romans", Elyot's "The Book Named the Governor", and Hoby's +translation of "The Courtier". Gentlemen read books on the ideals +of gentlemanly conduct, such as "Institucion of a Gentleman" +(1555), and Laurence Humphrey's "The Nobles: or of Nobilites". +Francis Bacon's "Essays or Counsels Civil and Moral" were popular +for their wisdom. In them he commented on many subjects from +marriage to faction. He cautioned against unworthy authority, mass +opinion, custom, and ostentation of apparent wisdom. He urged the +use of words with their correct meaning. + +At a more popular level were Caxton's "The Golden Legend", +Baldwin's "Mirror for Magistrates", Foxe's "Book of Martyrs" about +English protestant who suffered at the stake, sensational stories +and pamphlets, printed sermons (including those of Switzerland's +Calvin), chronicles, travel books, almanacs, herbals, and medical +works. English fiction began and was read. There were some books +for children. Books were copyrighted, although non-gentlemen +writers needed a patron. At the lowest level of literacy were +ballads. Next to sermons, the printing press was kept busiest with +rhymed ballads about current events. Printed broadsheets on +political issues could be distributed quickly. In London, news was +brought to the Governor of the News Staple, who classified it as +authentic, apocryphal, barber's news, tailor's news, etc. and +stamped it. Books were also censored for matter against the state +church. This was carried out through the Stationers' Company. This +company was now, by charter, the official authority over the +entire book trade, with almost sole rights of printing (e.g. +excluding schools). It could burn other books and imprison their +printers. + +There were language schools teaching French, Italian, and Spanish +to the aspiring merchant and to gentlemen's sons and daughters. + +Italian business techniques were set forth in textbooks for +merchants, using Italian terms of business: debit (debito), credit +(credito), inventory (inventorio), journal (giornal), and cash +(cassa). The arithmetic of accounting operations, including +multiplication, was described in "An Introduction for to Lerne to +Reckonwith the Penne or Counters" in 1537. Accounting advice was +extended to farmers as well as merchants in the 1569 "The Pathway +to Perfectness in the Accomptes of Debitor and Creditor" by James +Peele, a salter of London. It repeated the age-old maxim: +...receive before you write, and write before you pay, So shall no +part of your accompt in any wise decay. The 1589 "Marchants Avizo" +by Johne Browne, merchant of Bristol, gave information on foreign +currencies and keeping of accounts, and included specimens of +various business documents such as insurance policies, and bills +of exchange. It also advised: Take heed of using a false balance +or measure...covet not over familiarity amongst men it maketh thee +spend much loss of time. Be not hasty in giving credit to every +man, but take heed to a man that is full of words, that hath red +eyes, that goeth much to law, and that is suspected to live +unchaste ... When thou promiseth anything be not stuck to perform +it, for he that giveth quickly giveth double ... Fear God...know +thy Prince...love thy parents ...give reverence to thy betters +...be courteous and lowly to all men... be not wise in thine own +conceit. The old prohibitions of the now declining canon law were +still observed. That is one should not seek wealth for its own +sake or beyond what was requisite for a livelihood in one's +station, exploit a customer's difficulties to extract an +extravagant price, charge excessive interest, or engross to +"corner the market". + +The printing press had made possible the methodizing of knowledge +and its dissemination to a lay public. Knowledge associated with +the various professions, occupations, and trades was no longer +secret or guarded as a mystery, to be passed on only to a chosen +few. The sharing of knowledge was to benefit the community at +large. Reading became an out-of-school activity, for instruction +as well as for pleasure. + +In 1565, graphite was discovered in England, and gave rise to the +pencil. Surveying accuracy was improved with the new theodolite, +which determined directions and measured angles and used a +telescope that pivoted horizontally and vertically. Scientists had +the use of an air thermometer, in which a column of air in a glass +tube sitting in a dish of water contracted or expanded with +changes in the temperature, causing the water to move up or down +the tube. + +William Shakespeare, a glove-maker's son, wrote plays about +historical events and plays which portrayed various human +personalities and their interactions with each other. They were +enjoyed by all classes of people. His histories were especially +popular. The Queen and various earls each employed players and +actors, who went on tour as a troupe and performed on a round +open-air stage, with people standing around to watch. In London, +theaters such as the Globe were built specifically for the +performance of plays, which before had been performed at inns. The +audience applauded and hissed. There were costumes, but no sets. +Ordinary admission was 2d. Before being performed, a play had to +be licensed by the Master of the Revels to make sure that there +was nothing detrimental to the peace and public order. Elizabeth +issued a proclamation forbidding unlicensed interludes or plays, +especially concerning religion or government policy on pain of +imprisonment for at least fourteen days. The common people still +went to morality plays, but also to plays in which historical +personages were portrayed, such as Richard II, Henry IV, and Henry +V. Some plays were on contemporary issues. Musicians played +together as orchestras. Music and singing was a popular pastime +after supper; everyone was expected to participate. Dancing was +popular with all classes. Gentlemen played cards, dice, chess, +billiards, tennis, and fenced and had games on horseback. Their +deer-hunting diminished as forests were cut down for agriculture +and the deer was viewed as an enemy eating crops. Falconry +diminished as hedges and enclosures displaced the broad expanses +of land. + +Country people enjoyed music, dancing, pantomime shows with masks +of mythological or symbolic characters, riddles, wrestling, +hurling, running, swimming, leap frog, blind man's buff, +shovelboard played with the hands, and football between villages +with the goal to get the ball into one's own village. Football and +shin-kicking matches often resulted in injuries. The bought +ballads from traveling pedlars. Early morning dew gathered in May +and early June was thought to have special curative powers. There +were many tales involving fairies, witches, devils, ghosts, evil +spirits, angels, and monsters enjoyed by adults as well as +children. Many people still believed in charms, curses, +divination, omens, fate, and advice from astrologers. The ghosts +of the earth walked the earth, usually because of some foul play +to be disclosed, wrong to be set right, to warn those dear to them +of peril, or to watch over hidden treasure. Fairies blessed homes, +rewarded minor virtues, and punished mild wrongdoing. When fairies +were unhappy, the weather was bad. There were parties for +children. + +The merry guild-feast was no longer a feature of village life. +There were fewer holydays and festivals. The most prosperous +period of the laborer was closing. An agricultural laborer's +yearly wage was about 154s., but his cost of living, which now +included house rent, was about 160s. a year. In 1533, daily wages +in the summer for an agricultural laborer were about 4d. and for +an artisan 6d. In 1563 in the county of Rutland, daily wages for +laborers were 7d. in summer and 6d. in winter; and for artisans +were 9d. in summer and 8d. in winter. Unemployment was widespread. + +There were endowed hospitals in London for the sick and infirm. +There were others for orphans, for derelict children, and for the +destitute. They worked at jobs in the hospital according to their +abilities. There was also a house of correction for discipline of +the idle and vicious by productive work. Elizabeth continued the +practice of touching people to cure scrofula, although she could +not bring herself to fully believe in the reality of such cures, +contrary to her chaplain and her physician. + +In the towns, shop shutters were let down to form a counter. +Behide this the goods were made and/or stored. The towns held a +market once a week. Fairs occurred once or twice a year. At given +times in the towns, everyone was to throw buckets of water onto +the street to cleanse it. During epidemics in towns, there was +quarantine of those affected to stay in their houses unless going +out on business. Their houses were marked and they had to carry a +white rod when outside. The quarantine of a person lasted for +forty days. The straw in his house was burned and his clothes +treated. People who died had to be buried under six feet of +ground. There was an outbreak of plague in London roughly every +ten years. + +There was a pity for the distressed that resulted in towns voting +money for a people of a village that had burned down or been +decimated by the plague. + +Communities were taxed for the upkeep and relief of the prisoners +in the gaols in their communities. + +Queen Elizabeth was puzzling over the proper relationship between +the crown and the church when Richard Hooker, a humble scholar, +theologian, and clergyman, attempted to find a justification in +reason for the establishment of the Church of England as an +official part of the governing apparatus of the nation. His +thinking was a turning point from the medieval notion that God +ordered society, including the designation of its monarch and its +natural laws. The belief in a divine structure with a great chain +of being, beginning with God and working down through the +hierarchy of angels and saints to men, beasts, and vegetables, did +foster order in society. Hooker restated the concept of Aristotle +that the purpose of society is to enable men to live well. He +wrote that although the monarch was head of state and head of +religion, the highest authority in civil affairs was Parliament, +and in religion, the Convocation. The monarch had to maintain +divine law, but could not make it. From this came the idea that +the state derives its authority from the will of the people and +the consent of the governed. + +Protestant women had more freedom in marriage and were allowed to +participate in more church activities compared to Catholic women, +but they were not generally allowed to become pastors. Due to +sensitivities on the part of both Catholics and Protestants about +a female being the head of the church, Elizabeth was given the +title of "Supreme Governor" of the church instead of "Supreme +Head". Elizabeth was not doctrinaire in religious matters, but +pragmatic. She always looked for ways to accommodate all views on +what religious aspects to adopt or decline. Images, relics, +pilgrimmages, and rosaries were discouraged. But the Catholic +practice of kneeling at prayer, and bowing and doffing caps at the +name of Jesus were retained. Also retained was the place of the +altar or communion table at the east end of churches, special +communion wafers instead of common bread, and elaborate clergy +vestments. The communion prayer contained words expressing both +the Catholic view that the wafer and wine contained the real +presence of the body and blood of Christ, and the Protestant view +that they were commemorative only. Communion was celebrated only +at Easter and other great festivals. Church services included a +sermon and were in accordance with a reformed prayer book and in +English, as was the Bible. Care was even taken not to use words +that would offend the Scots, Lutherans, Calvinists, or Huguenots. +People could hold what religious beliefs they would, even atheism, +as long as they maintained an outward conformity. Attendance at +state church services on Sunday mornings and evenings and Holydays +was enforced by a fine of 12d. imposed by the church wardens. +Babies were to be baptized before they were one month old or the +parents would be punished. + +Still, the new religion had to be protected. Members of the House +of Commons, lawyers, schoolmasters were to take the oath of +supremacy or be imprisoned and make a forfeiture; a second refusal +brought death. When numerous Anabaptists came from the continent +to live in the port towns, the Queen issued a proclamation +ordering them to leave the realm because their pernicious opinions +could corrupt the church. The new church still accepted the theory +of the devil causing storms, but opposed ringing the holy church +bells to attempt to drive him away. The sins of people were also +thought to cause storms, and also plagues. + +In 1562, the Church of England wrote down its Christian Protestant +beliefs in thirty-nine Articles of Religion, which specifically +excluded certain Catholic beliefs. They were incorporated into +statute in 1571 establishing them as the tenets of the official +religion of England. The first eighteen endorsed the ideas of one +God, Christ as the son of God who was sacrificed for all the sins +of men, the resurrection of Christ from the dead and ascension +into heaven, the Holy Ghost proceeding from the father and the +son, the books of the Bible, the original sin of Adam and his +offspring, justification of man by faith in Christ rather than by +good works, goods works as the inspired fruit and proof of faith +in Christ, Christ in the flesh as like man except for the absence +of sin, the chance for sinners who have been Baptised to be +forgiven if they truly repent and amend their lives, the +predestination of some to be brought by Christ to eternal +salvation and their minds to be drawn up to high and heavenly +things, and salvation only by the name of Christ and not by a +sect. Other tenets described the proper functions of the church, +distinguishing them from Roman Catholic practice. Specifically, +the church was not to expound one place of scripture so that it +was inconsistent with another place of scripture. Because man can +err, the church was not to ordain or enforce anything to be +believed for necessity of salvation. Explicitly renounced were the +Romish doctrine concerning purgatory, pardons, worshipping, +adoration of images or reliques, invocation of saints, and the use +in church of any language, such as Latin, not understood by the +people. Only the sacraments of Baptism and the Lord's Supper were +recognized. The Lord's Supper was to be a sign of the love that +Christians ought to have among themselves and a sacrament of +redemption by Christ's death. The wine in the cup of blessing as +well as the bread of the Lord's Supper was to be taken by lay- +people and to be a partaking of Christ; there was no Romish mass. +Excommunication was limited to those who openly denounced the +church. Anyone openly breaking the traditions or ceremonies of the +church which were approved by common authority were to be rebuked. +Elizabeth told the bishops that she wished certain homilies to be +read in church, which encouraged good works such as fasting, +prayer, alms-giving, Christian behavior, repentance, and against +idolatry, gluttony, drunkenness, excess of apparel, idleness, and +rebellion. These she considered more instructive and learned that +ministers' sermons, which were often influenced by various +gentlemen and were inconsistent with each other. Consecration of +bishops and ministers was regulated; and they were allowed to +marry. The standard prayer was: "Our Father who art in heaven, +hallowed be Thy name. Thy kingdom come. Thy will be done, on earth +as it is in heaven. Give us this day our daily bread, and forgive +us our offenses as we forgive those who have offended against us. +And lead us not into temptation, but deliver us from evil. For +Thine is the kingdom, the power, and the glory forever and ever, +amen." + +There was difficulty persuading educated and moral men to be +church ministers, even though Elizabeth expressed to the bishops +her preference for ministers who were honest and wise instead of +learned in religious matters. The Bible was read at home and +familiar to everyone. This led to the growth of the Puritan +movement. The Puritans believed in the right of the individual +Christian to interpret the Scriptures for himself by spiritual +illumination. They opposed the mystical interpretation of the +Communion service. The Puritans complained that the church exerted +insufficient control over the morals of the congregation. Their +ideas of morality were very strict and even plays were thought to +be immoral. The Independent Puritans were those Protestants who +had fled from Mary's Catholic reign to the continent, where they +were persuaded to the ideas of John Calvin of Geneva. He stressed +the old idea of predestination in the salvation of souls, which +had in the past been accepted by nearly all English Christian +leaders, thinkers, and teachers, but not stressed. The act of +conversion was a common experience among the early Puritans. The +concomitant hatred of past sins and love of God which was felt in +thankfulness for mercy were proof of selection for salvation. The +good works that followed were merely an obligation showing that +one's faith was real, but not a way to salvation. + +But the puritans also accepted Calvin's idea of independent church +government. They therefore thought that ministers and lay elders +of each parish should regulate religious affairs and that the +bishops, who were "petty popes", should be reduced to an equality +with the rest of the clergy, since they did not rule by divine +right. The office of archbishop should be eliminated and the head +of state should not necessarily be governor of the church. These +ideas were widely disseminated in books and pamphletts. The +puritans disrupted the established church's Sunday services, +tearing the surplice off the minister's back and the wafers and +wine from the altar rail. The puritans arranged "lectures" on +Sunday afternoons and on weekdays. These were given gratuitously +or funded by boroughs. They were strict about not working on the +sabbath, which day they gave to spiritual exercises, meditations, +and works of mercy. The only work allowed was preparing meals for +themselves, caring for their animals, and milking the cows. They +enforced a strict moral discipline on themselves. The puritan +movement included William Brewster, an assistant to a court +official who was disciplined for delivering, upon pressure from +the council, the Queen's signed execution order for Mary of +Scotland after the Queen had told him to hold it until she +directed otherwise. The puritans formed a party in the House of +Commons. + +The debased coinage was replaced by a recoinage of newly minted +coins with a true silver weight. + +Goldsmiths, who also worked silver, often acted as guardians of +clients' wealth. They began to borrow at interest at one rate in +order to lend out to traders at a higher rate. This began banking. + +Patents were begun to encourage the new merchant lords to develop +local manufactures or to expand import and export trade. Patents +were for a new manufacture or an improved older one and determined +the wages of its trades. There was chartering of merchant +companies and granting of exclusive rights to new industries as +monopolies. Some monopolies or licenses were patents or copyrights +of inventors. Others established trading companies for trade to +certain foreign lands and supporting consular services. People +holding monopolies were accountable to the government. There were +monopolies on certain smoked fish, fish oil, seal oil, oil of +blubber, vinegar, salt, currants, aniseed, juniper berry liquor, +bottles, glasses, brushes, pots, bags, cloth, starch, steel, tin, +iron, cards, horn, ox shinbones, ashes, shreds of gloves, earth +coal, calamite stone, powder, saltpeter, lead manufacturing by- +products, and transportation of leather. + +For far-flung enterprises and those where special arrangements +with foreign countries was required, there was sharing of stock of +companies, usually by merchants of the same type of goods. In +joint-stock companies each member took a certain number of shares +and all the selling of the goods of each merchant was carried on +by the officials of the company. The device of joint stock might +take the form of a fully incorporated body or of a less formal and +unincorporated syndicate. The greatest joint-stock company was +East India Company, chartered in 1600 to trade there in +competition with the Dutch East India Company. It was given a +fifteen year monopoly on trade east of the southern tip of Africa. +Unlike the Muscovy Company, and Merchants of the Staple, +individual members could not trade on their own account, but only +through the corporate body on its voyages. It was regulated as to +each particular voyage and helped with problems by the Crown and +Privy Council, for instance when further subscriptions were +needed, or when carpenters were needed to be pressed into service +for fitting out ships, or to deal with an unsuccessful captain. +Its charter retained many of the aspects of the medieval trade +guild: power to purchase lands, to sue and be sued, to make by- +laws, and to punish offenders against them by fine or +imprisonment. Admission was by purchase of a share in a voyage, +redemption, presentation, patrimony (sons of members who were +twenty-one), and apprenticeship. Purchase of a share in a voyage +was the most common method. A share for the first ship cost 100 +pounds. When share purchase did not suffice, redemption for such +cash payments as could be obtained was resorted to. Occasionally +presentation or a faculty "for the making of a freeman" was +granted to some nobleman or powerful member. Members' liability +was limited to their individual subscriptions. Each voyage had 1) +a Royal Commission authorizing the Company to undertake the +expedition and vesting in its commanders powers for punishing +offences during the voyage, and quenching any mutiny, quarrels, or +dissension that might arise; 2) a code of instructions from the +Company to the Admiral and to commanders of ships setting forth in +great detail the scope and objects of the voyage together with +minute regulations for its conduct and trade; 3) authorization for +coinage of money or export of specie (gold or silver); and 4) +letters missive from the sovereign to foreign rulers at whose +ports the ships were to trade. The first voyage brought back +spices that were sold at auction in London for ten times their +price in the Indies and brought to shareholders a profit +equivalent to 9 1/2% yearly for the ten years when the going +interest rate was 8% a year. + +Town government was often controlled by a few merchant +wholesalers. The entire trade of a town might be controlled by its +drapers or by a company of the Merchant Adventurers of London. The +charter of the latter as of 1564 allowed a common seal, perpetual +existence, liberty to purchase lands, and liberty to exercise +their government in any part of the nation. It was controlled by a +group of rich Londoners, no more than 50, who owned the bulk of +the cloth exported. There were policies of insurance given by +groups of people for losses of ships and their goods. Marine +insurance was regulated. + +New companies were incorporated for many trades. They were +associations of employers rather than the old guilds which were +associations of actual workers. The ostensible reason was the +supervision of the quality of the wares produced in that trade. +(Shoemakers, haberdashers, saddlers, and curriers exercised close +supervision over these wares.) They paid heavily for their patents +or charters. + +There was no sharp line between craftsman and shopkeeper or +between shopkeeper and wholesale merchant. In London, an +enterprising citizen could pass freely from one occupation to +another. Borrowing money for a new enterprise was common. +Industrial suburbs grew up around London and some towns became +known as specialists in certain industries. The building crafts in +the towns often joined together into one company, e.g. wrights, +carpenters, slaters, and sawyers, or joiners, turners, carvers, +bricklayers, tilers, wallers, plasterers, and paviors. These +companies included small contractors, independent masters, and +journeymen. The master craftsman often was a tradesman as well, +who supplied timber, bricks, or lime for the building being +constructed. The company of painters was chartered with a +provision prohibiting painting by persons not apprenticed for +seven years. + +The prosperous merchants began to form a capitalistic class as +capitalism grew. Competition for renting farm land, previously +unknown, caused these rents to rise. The price of wheat rose to an +average of 14s. per quarter, thereby encouraging tillage once +more. There was steady inflation. + +With enclosure of agricultural land there could be more innovation +and more efficiency, e.g. the time for sowing could be chosen. It +was easier to prevent over-grazing and half-starved animals as a +result. The complications of the open system with its endless +quarrels and lawsuits were avoided. Now noblemen talked about +manure and drainage, rotation of crops, clover, and turnips +instead of hunting, horses, and dogs. The breed of horses and +cattle was improved. There were specializations such as the +hunting horse and the coach horse. By royal proclamation of 1562, +there were requirements for the keeping of certain horses. For +instance, everyone with lands of at least 1,000 pounds had to keep +six horses or geldings able for demilances [rider bearing a light +lance] and ten horses or geldings for light horsemen [rode to +battle, but fought on foot]. One with under 100 pounds but over +100 marks yearly had to keep one gelding for a light horseman. +Dogs had been bred into various types of hounds for hunting, water +and land spaniels for falconry, and other dogs as house dogs or +toy dogs. There were no longer any wild boar or wild cattle. The +turkey joined the cocks, hens, geese, ducks, pigeons, and peacocks +in the farmyard. Manure and dressings were used to fertilize the +soil. Hay became a major crop because it could be grown on grazing +lands and required little care. + +There are new and bigger industries such as glassware, iron, +brasswares, alum and coppers, gunpowder, paper, coal, and sugar. +The coal trade was given a monopoly. Coal was used for fuel as +well as wood, which was becoming scarce. Iron smelters +increasingly used coal instead of charcoal, which was limited. +Iron was used for fire-backs, pots, and boilers. Good quality +steel was first produced in 1565 with the help of German +craftsmen, and a slitting mill was opened in 1588. Small metal +goods, especially cutlery, was made, as well as nails, bolts, +hinges, locks, ploughing and harrowing equipment, rakes, pitch +forks, shovels, spades, and sickles. Lead was used for windows and +roofs. Copper and brass were used to make pots and pans. Pewter +was used for plates, drinking vessels, and candlesticks. +Competition was the mainspring of trade and therefore of town +life. + +The mode of travel of the gentry was riding horses, but most +people traveled by walking. People carried passes for travel that +certified they were of good conduct and not a vagrant or sturdy +rogue. Bands of roving vagabonds terrorized the countryside. After +a land survey completed in 1579 there arose travel books with +maps, itineraries, and mileage between towns in England and Wales. +Also, the Queen sent her official mail by four royal postal routes +along high roads from London to various corners of the nation. +Horses are posted along the way for the mail-deliverer's use. +However, private mail still goes by packman or common carrier. The +nation's inland trade developed a lot. There were many more +wayfaring traders operating from town inns. In 1564, the first +canal was built with locks at Exeter. More locks and canals +facilitated river travel. At London Bridge, water-wheels and pumps +are installed. + +New sea navigation techniques improved voyages. Seamen learned to +fix their positions, using an astrolabe or quadrant to take the +altitude of the sun and stars and to reckon by the north star. +They used a nocturnal, read by touch, to help keep time at night +by taking the altitude of the stars. They calculated tides. To +measure distances, they invented the traverse board, which was +bored with holes upon lines, showing the points of the compass; by +means of pegs, the steersman kept an account of the course +steered. A log tied to a rope with knots at equal intervals was +used to measure speed. There were compasses with a bearing dial on +a circular plate with degrees up to 360 noted thereon. Seamen had +access to compilations of Arab mathematicians and astronomers and +to navigational manuals and technical works on the science of +navigation and the instruments necessary for precision sailing. +For merchants there were maps, books about maps, cosmographical +surveys, and books on the newly-discovered lands. In 1569 John +Mercator produced a map taking into account the converging of the +meridians towards the pole. On this chart, a straight line course +would correspond to a mariner's actual course through the water on +the earth's sphere, instead of having the inaccuracies of a +straight line on a map which suggested that the world was flat. It +was in use by 1600. + +Christmas was an especially festive time of good fellowship. +People greeted each other with "Good cheer", "God be with you", or +"Against the new year". Carols were often sung and musicians +played many tunes. There was dancing and gambling. There were big +dinners with many kinds of meat and drink. A hearty fire heated +all the house. Many alms were given to beggars. + +Parliament enacted laws and voted taxes. The Queen, House of +Lords, and House of Commons cooperated together. There was +relatively little dissension or debating. Bills were read, voted +on, discussed, and passed with the lords, peers, bishops, and +justices sitting in their places according to their degree. The +justices sat on the wool sacks. A bar separated this area from the +rest of the room, where the members of the commons stood. There +were many bills concerning personal, local, or sectional +interests, but priority consideration was given to public +measures. The House of Lords still had 55 members. The Queen +appointed and paid the Speaker, Clerk, and Sergeant at Arms of the +Commons. The knights in the Commons were almost invariably from +the county's leading families and chosen by consensus of knights +with free land of at least 40s. in the county court. In the towns, +the electors might be the town corporation, holders of certain +properties, all the freemen, all the ratepayers, or all the male +inhabitants. Disputed elections were not usually concerned with +political issues, but were rivalries for power. The Commons +gradually won for its members freedom from arrest without its +permission and the right of punishing and expelling members for +crimes committed. Tax on land remained at 10% of its estimated +yearly income. The Queen deferred to the church convocation to +define Christian faith and religion, thus separating church and +state functions. + +The Treasury sought to keep a balanced budget by selling royal +land and keeping Crown expenditures down. The Crown carried a +slight debt incurred before the Queen's accession. + +Theft and robbery were so usual that there were names for various +techniques used. A Ruffler went with a weapon to seek service, +saying that he was a servitor in the wars, but his chief "trade" +was to rob poor wayfaring men and market women. A Prigman went +with a stick in his hand like an idle person, but stole clothes +off hedges. A Whipjack begged like a mariner, but with a +counterfeit license (called a "gibe"); he mostly robbed booths in +fairs or pilfered ware from stalls, which was called "heaving of +the booth". A Frater had a counterfeit license to beg for some +hospital, but preyed upon poor women coming and going to market. A +Quire Bird was a person recently let out of prison, and was +commonly a horse stealer. An Upright Man carried a truncheon of a +staff and called others to account to him and give him a share or +"snap" of all that they had gained in one month, and he often beat +them. He took the chief place at any market walk and other +assemblies. Workers at inns often teamed up with robbers, telling +them of wares or money travelers were carrying so the robber could +profitably rob them after they left the inn. + +Violence was still a part of the texture of everyday life. Private +armories and armed gangs were not uncommon. Agricultural laborers +kept sword and bow in a corner of their fields in the first part +of Elizabeth's reign. Non-political brutal crime and homicides +were commonplace. There were frequent local riots and +disturbances, in the country and in the towns. Occasionally there +were large-scale rebellions. But the rebellion of the Earl of +Essex in 1601 had no aftermath in violence. In 1590, the Queen +issued a proclamation enforcing curfew for London apprentices, who +had been misruly. The Queen issued proclamations to certain +counties to place vagrant soldiers or vagrants under martial law +because of numerous robberies. She ordered the deportation of +vagrant Irishmen in 1594. + +After exhausting every other alternative, the Queen reluctantly +agreed with her Privy Council on the execution in 1572 of Mary, +Queen of Scots, who had been involved in a plot to assassinate her +and claim the throne of England. Her Council had persuaded her +that it was impossible for her to live in safety otherwise. + +Francis Drake sailed around the world from 1577 to 1580. Walter +Ralegh made an expedition to North America in 1584 with the +Queen's authority to "discover barbarous countries, not actually +possessed of any Christian prince and inhabited by Christian +people, to occupy and enjoy". He found and named the land of +Virginia in honor of the Queen, who was a virgin, and started a +colony on Roanoke Island there. Drake and Ralegh plundered Spanish +ships for cargo such as American gold and silver, much of which +was used to pay for the war with Spain and much going to +investors. There experience fighting Spanish ships led to +improvements in ship design; building ships was no longer merely +by copying another ship or a small model. In 1588, the Spanish +Armada came to invade England, and was for the most part +destroyed. In that battle, Drake and other experienced sea- +fighters led two hundred English ships, of which about 20 were +built to sink other ships rather than to board and capture them. +These new English ships were longer and narrower and did away with +the towering superstructures at bow and stern. This made them more +maneuverable and easier to sail. Also, the English guns were +lighter, more numerous, and outranged the Spanish guns. So the +smaller English ships were able to get close enough to fire +broadside after broadside against the big Spanish troop-transport +galleons, without being fired upon. The direction of the wind +forced the Spanish galleons northward, where most of them were +destroyed by storms. The English seamen had been arbitrarily +pressed into this service. + +A royal proclamation of 1601 offered a reward of 100 pounds for +information on libels against the Queen. There had been mounting +demonstrations against her monopolies, which mostly affected +household items. There had been abuses of monopolies, such as the +steel monopoly had been sold for 12 pounds 10s., but steel was +then sold at 5d. per pound instead of the former 2 1/2 d. per +pound. Further the steel was mixed and of a lesser quality. This +so damaged the knife and sword industry that about 2000 workers +lost their jobs from it and became beggars. Monopoly was a severe +burden to the middle and poorer classes. Also, the power of patent +holders to arrest and imprison persons charged with infringing +upon their rights was extended to any disliked person. + +When the House of Commons protested against monopolies in 1601, +Elizabeth reduced them. She addressed her Council and the Commons +saying that "Mr. Speaker, you give me thanks, but I doubt me that +I have more cause to thank you all than you me; and I charge you +to thank them of the Lower House from me. For had I not received a +knowledge from you, I might have fallen into the lapse of an error +only for lack of true information. Since I was queen yet did I +never put my pen to any grant but that upon pretext and semblance +made unto me, it was both good and beneficial to the subject in +general, though a private profit to some of my ancient servants +who had deserved well. But the contrary being found by experience, +I am exceedingly beholding to such subjects as would move the same +at the first. And I am not so simple to suppose but that there be +some of the Lower House whom these grievances never touched; and +for them I think they speak out of zeal to their countries and not +out of spleen or malevolent affection, as being parties grieved. +And I take it exceedingly gratefully from them, because it gives +us to know that no respects or interests had moved them other than +the minds they bear to suffer no diminution of our honor and our +subjects' love unto us, the zeal of which affection tending to +ease my people and knit their hearts unto me, I embrace with a +princely care. For above all earthly treasures I esteem my +people's love, more than which I desire not to merit. That my +grants should be grievous unto my people and oppressions to be +privileged under color of our patents, our kingly dignity shall +not suffer it. Yea, when I heard it I could give no rest unto my +thoughts until I had reformed it. Shall they (think you) escape +unpunished that have thus oppressed you, and I have been +respectless of their duty and regardless of our honor? No, no, Mr. +Speaker, I assure you, were it not more for conscience' sake than +for any glory or increase of love that I desire, these errors, +troubles, vexations, and oppressions done by these varlets and low +persons (not worthy the name of subjects) should not escape +without condign punishment. But I perceive they dealt with me like +physicians who, ministering a drug, make it more acceptable by +giving it a good aromatical savor; or when they give pills, do +gild them all over. I have ever used to set the Last Judgment day +before my eyes and so to rule as I shall be judged, to answer +before a higher judge. To whose judgment seat I do appeal that +never thought was cherished in my heart that tended not unto my +people's good. And now if my kingly bounties have been abused and +my grants turned to the hurts of my people, contrary to my will +and meaning, or if any in authority under me have neglected or +perverted what I have commited to them, I hope Good will not lay +their culps [sins] and offenses to my charge. Who, though there +were danger in repealing our grants, yet what danger would I not +rather incur for your good than I would suffer them still to +continue? I know the title of a king is a glorious title, but +assure yourself that the shining glory of princely authority hath +not so dazzled the eyes of our understanding but that we well know +and remember that we also are to yield an account of our actions +before the great Judge. To be a king and wear a crown is a thing +more glorious to them that see it than it is pleasant to them that +bear it. For myself, I was never so much enticed with the glorious +name of a king or royal authority of a queen as delighted that God +hath made me His instrument to maintain His truth and glory, and +to defend this kingdom from peril, dishonor, tyranny, and +oppression. There will never queen sit in my seat with more zeal +to my country, care to my subjects, and that will sooner with +willingness venture her life for your good and safety, than +myself. For it is not my desire to live or reign longer than my +life and reign shall be for your good. And though you have had and +may have many princes more mighty and wise sitting in this seat, +yet you never had or shall have any that will be more careful and +loving." + +About 1584, Richard Hakluyt, a Bristol clergyman, wrote "A +Particular Discourse concerning Western Discoveries". This was to +become the classic statement of the case for English colonization. +It held out hope that the English would find needed timber for +masts, pitch, tar, and ashes for soap. + +In Rome in 1600, Giordano Bruno, an Italian monk and priest, was +burned alive at the stake by a court of the inquisition for not +recanting, although tortured, his heretical and blasphemous +philosophy. He had opined that Christianity was irrational and had +no scientific basis, that Christ was only a skillful magician, +that the Bible could not be taken literally, that God and nature +were not separate as taught by Genesis, that the Catholic church +encouraged ignorance from the instinct of self-preservation, and +that the earth and planets revolved around the sun, as did other +planets around other suns. + +The Jesuits, a new Catholic order brimming with zeal, sent +missionaries to England to secretly convert people to Catholicism. +The practice of Catholicism had gone underground in England, and +some Catholic house-holders maintained Catholic priests in hidden +places in their homes. + + + + - The Law - + +Although estate tails (estates descendible only to the heirs of +the body of the original feofee) by law could not be sold or given +away, this was circumvented by use of a straw man. In +collaboration with the possessor of the property, this straw man +sued the possessor asserting that the property had been wrongfully +taken from the straw man. The possessor pleaded that the crier of +the court who had warranted it should be called to defend the +action. He failed to appear until after judgment had been given to +the straw man. Then the straw man conveyed it to the possessor or +his nominee in fee simple. + +No one shall make false linen by stretching it and adding little +pieces of wood, which is so weak that it comes apart after five +washings. + +Timber shall not be felled to make logs for fires for the making +of iron. + +No one may take small fish to feed to dogs and pigs. Only nets +with mesh leaving three inches spaces may be used to catch fish. + +No attainder shall result in the forfeiture of dower by the +offender's wife nor disinheritance of his heirs. + +The following statute of artificers regulated labor for the next +two centuries: No master or mistress may employ a servant for a +term less than one year in the crafts of clothiers, woolen cloth +weavers, tuckers, fullers, clothworkers, shearmen, dyers, hosiers, +tailors, shoemakers, tanners pewterers, bakers, brewers, glove- +makers, cutlers, smith, farriers, curriers, saddlers, spurriers, +turners, cappers, hatmakers, feltmakers, bow-makers, arrow-makers, +arrow-head-makers, butchers, cooks, or millers, so that +agriculture will be advanced and idleness diminished. Also, every +craftsman unmarried or under age 30 who is not working must accept +employment by any person needing the craft work. Also, any common +person between 12 and 60 who is not working must accept employment +in agriculture. And, unmarried women between 12 and 40 may be +required by town officials to work by the year, the week, or day +for wages they determine. + +All artificers and laborers hired by the day or week shall work +from 5 am to 7 PM. All artificers must labor at agriculture at +haytime and harvest to avoid the loss of grain or hay. Every +householder who raises crops may receive as an apprentice a child +between 10 and 18 to serve in agriculture until he is age 21. A +householder in a town may receive a child as an apprentice for 7 +years, but merchants may only take as apprentices children of +parents with 40s. freehold. (This was designed to inhibit +migration to the towns. It excluded three fourths of the rural +population.) + +No one may be a craftsman until he has served seven years as an +apprentice. These artificers may have children as apprentices: +smith, wheelmaker, ploughmaker, millmaker, miller, carpenter, +rough mason, plasterer, a timber sawer, an ore burner, a lime +burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate +roofs, layer of wood shingle roofs, layer of straw roofs, cooper, +earthen potter, linen weaver, housewife who weaves wool for sale +or for household use. + +Fish, but no meat, may be eaten on Wednesdays so that there will +be more fishermen and mariners and repair of ports. (This was done +because fishing had declined since the dissolution of the +monasteries. Eating fish instead of meat in Lent in the springtime +remained a tradition.) + +For repairing of highways, the supervisors may take the rubbish or +smallest stones of any quarry along the road in their precinct. + +Embezzlement or theft by a servant of his master's goods of 40s. +or more is a felony. + +No one shall forge a deed of land, charter, sealed writing, court +roll or will. + +No one shall libel or slander so as to cause a rebellion. + +Cut-purses and pick-purses shall not have benefit of clergy. + +A debtor may not engage in a fraudulent collusion to sell his land +and goods in order to avoid his creditors. + +A person robbing a house of 5s. by day when no one is there shall +not have benefit of clergy, because too many poor persons who +cannot hire a servant to look after their house when they go to +work have been robbed. + +When the hue and cry is raised for a robbery in a hundred, and +other hundreds have been negligent, faulty, or defective in +pursuit of the robber, then they must pay half the damages to the +person robbed, while the hundred in which the robbery occurred +pays the other half. Robbers shall be pursued by horse and by +foot. + +The price of barrels shall be set by mayors of the towns where +they are sold. + +No man under the degree of knight may wear a hat or cap of velvet. +Caps may not be made of felt, but only knit wool. Only hats may be +made of felt. This is to assist the craft of making wool caps. + +Every person over 6 years of age shall wear on Sundays a wool +knitted cap made by the cappers, except for maidens, ladies, +gentlewomen, noble persons, and every lord, knight, and gentlemen +with 2,667s. of land, since the practice of not wearing caps has +damaged the capping industry. This employed cappers and poor +people they had employed and the decrepit and lame as carders, +spinners, knitters, parters, forsers, thickers, dressers, dyers, +battelers, shearers, pressers, edgers, liners, and bandmakers. + +Rugs shall weigh 44 pounds at least and be 35 yards at least in +length and at most 3/4 yard wide. + +The incorporated company of ship masters may erect beacons and +marks on the seashores and hills above, because certain steeples +and other marks used for navigation have fallen down and ships +therefore have been lost in the sea. + +There shall be one sheriff per county, because now there are +enough able men to supply one per county. + +Trials of noblemen for treason shall be by their peers. + +A native or denizen merchant in wholesale or retail goods who +leaves the nation to defraud his creditors shall be declared a +bankrupt. The Chancellor may conduct an investigation to ascertain +his land, house, and goods, no matter who may hold them. They +shall be appraised and sold to satisfy his debts. + +Loan contracts for money lent may not be for more than 200s. for +each 2000s. yearly. All loans of money or forbearing of money in +sales of goods for less than this shall be punishable by forfeit +of the interest only. + +No cattle may be put in any enclosed woods that have been growing +less than five years. At the end of five years growth, calves may +be put in. At the end of six years growth, cattle may be put in. + +The mother and reputed father of any bastard who has been left to +be kept at the parish where born must pay weekly for the upkeep +and relief of such child, so that the true aged and disabled of +the parish get their relief and to punish the lewd life. + +No master at a university may lease any land unless 1/3 of it is +retained for raising crops to supply the colleges and halls for +food for their scholars. + +Persons with 100s. in goods or 40s. in lands shall find two able +men in their parish community to repair the highways yearly. + +Landowners of Oxford shall be taxed for the repair of the highway +and bridge there. + +Woods around London shall not be felled to be converted to coals +for iron-works because London needs the wood to make buildings and +for fireplaces. + +Every melter and maker of wax from honeycombs shall put his mark +on every piece of his wax to be sold. Wrought wax such as in +lights, staff-torches, red wax or sealing wax, book candles, or +searing candles shall bear its maker's mark. All barrels of honey +shall bear the mark of the honeymaker. + +Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and caps +shall be dyed black only with dye from the woad plant and not with +any false black dye. + +No one shall take or kill any pheasants with nets or devices at +nighttime because such have become scarce. + +Lands, tenements, goods and chattels of accountants teller, or +receiver who are in debt may be obtained by court order to satisfy +the debt by garnishing the heir of the debtor after the heir has +reached 21 and for the 8 years next ensuing. + +Fraudulent and secret conveyances made to retain the use of one's +land when one sells the land to a bona fide purchaser for value in +fee simple, fee tail, for life, for lives, or for years are void. + +No new iron mills or furnaces for making or working of any iron or +iron metal shall be established in the country around London and +the owners of carriages of coals, mines and iron which have +impaired or destroyed the highways shall also carry coal ashes, +gravel, or stone to repair these highways or else make a payment +of 2s.6d. for each cart load not carried. + +No one shall bribe an elector to vote for a certain person for +fellow, scholar, or officer of a college, school, or hall or +hospital so that the fittest persons will be elected, though +lacking in money or friends, and learning will therefore be +advanced. + +Cottage and dwelling houses for workmen or laborers in mineral +works, coal mines, or quarries of stone or slate for the making of +brick, tile, lime, or coals shall be built only within a mile from +such works. Dwelling houses beyond this must be supported by four +acres of land to be continually occupied and manured as long as +the dwelling house is inhabited or forfeit 40s. per month to the +Queen. Cottages and dwelling houses for sailors or laborers +working on ships for the sea shall be built only within a mile of +the sea. A cottage may be built in a forest or park for a game +keeper of the deer. A cottage may be built for a herd-man or +shepherd for the keeping of cattle or sheep of the town. A cottage +may be built for a poor, lame, sick, aged, or disabled person on +waste or common land. More families than one may not be placed in +one cottage or dwelling house. + +A vagabond or mighty strong beggar [able to work] shall be +whipped. + +Any person with land in fee-simple may establish a hospital, +abiding place, or house of correction to have continuance forever +as a corporation for the sustenance and relief of the maimed, +poor, or disabled people as to set the poor to work. The net +income shall not exceed 40,000s. yearly. + +Troops of vagabonds with weapons in the highways who pretend to be +soldiers or mariners have committed robberies and murders. So all +vagabonds shall settle down in some service or labor or trade. + +Pontage [toll for upkeep and repair of bridges] shall be taken at +certain bridges: carts 2d., horse and pack 1d., a flock of sheep +2d. + +Crown officials such as treasurers, receivers, accountants, and +revenue collectors shall not embezzle Crown funds and shall be +personally liable for arrears. + +Persons forcibly taking others across county lines to hold them +for ransom and those taking or giving blackmail money and those +who burn barns or stacks of grain shall be declared felons and +shall suffer death, without any benefit of clergy or sanctuary. + +No bishop may lease land for more than twenty-one years or three +lives. + +No bishop may alienate any possession of their sees to the crown. +Such are void. + +Stewards of leet and baron courts may no longer receive, in their +own names, profits of the court over 12d. since they have vexed +subjects with grievous fines and amercements so that profits of +justice have grown much. + +Incorrigible and dangerous rogues shall be branded with an "R" +mark on the left shoulder and be put to labor, because banishment +did not work as they came back undetected. If one is caught again +begging, he shall be deemed a felon. + +Any innkeeper, victualler, or alehouse keeper who allows drinking +by persons other than those invited by a traveler who accompanies +him during his necessary abode there and other than laborers and +handicraftsmen in towns upon the usual working days for one hour +at dinner time to take their diet in an alehouse and other than +laborers and workmen following their work to any given town to +sojourn, lodge, or victual in any inn, alehouse or victualling +house shall forfeit 10s. for each offense. This is because the use +of inns, alehouses, and victualling houses was intended for relief +and lodgings of travelling people and people not able to provide +their own victuals, but not for entertainment and harboring of +lewd and idle people who become drunk. + +If a person marries a second time while the first spouse is still +living, it shall be a felony and thus punishable by death. + +Watermen transporting people on the Thames River shall have served +as apprentice to a waterman for five years or have been the son of +a waterman. This is to prevent the loss of lives and goods by +inexperienced watermen. + +No one may make any hat unless he has served as apprentice for at +least seven years. This is to prevent false and deceitful hat- +making by unskillful persons. + +Spices and potions, including pepper, cloves, mace, nutmeg, +cinnamon, ginger, almonds, and dates, which have usually been +garbled shall be garbled, cleaned, sorted, and sealed by the +Garbler before sale. This is to prevent mingled, corrupt, and +unclean spices and potions from being sold. + +Plasterers shall cease painting because it has intruded upon the +livelihoods of painters who have been apprenticed as such. + +Pawn brokers accepting stolen goods shall forfeit twice their +value to the owner from whom stolen. + +No butcher may cut any hide or any ox, bull, steer, or cow so that +it is impaired or may kill any calf under five weeks old. No +butcher may be a tanner. No one may be a tanner unless apprenticed +as such for seven years or the son or wife of a tanner who has +tanned for four years or a son or daughter of a tanner who +inherits his tanhouse. Tanners may not be shoemakers, curriers, +butchers, or leatherworkers. Only tanners may buy raw hides. Only +leatherworkers may buy leather. Only sufficiently strong and +substantial leather may be used for sole-leather. Curriers may not +be tanners. Curriers may not refuse to curry leather. London +searchers shall inspect leather, seal and mark that which is +sufficient, and seize any that is insufficiently tanned, curried, +wrought, or used. + +Fishermen and their guides may continue to use the coastland for +their fishing activities despite the trespass to landowners. + +Since sails for ships in recent years have been made in the realm +instead of imported, none shall make such cloth unless he has been +apprenticed in such or brought up in the trade for seven years. +This is to stop the badness of such cloth. + +Any person killing any pheasant, partridge, dove, pigeon, duck or +the like with any gun, crossbow, stonebow, or longbow, or with +dogs and nets or snares, or taking the eggs of such from their +nests, or tracing or taking hares in the snow shall be imprisoned +for three months unless he pays 20s. per head or, after one +month's imprisonment, have two sureties bound for 400s. This is +because the past penalty of payment hasn't deterred offenders, who +frequently cannot pay. + +Persons affected by the plague may not leave their houses or be +deemed felons and suffer death. This is to avoid further +infection. The towns may tax their inhabitants for the relief of +infected persons. + +Tonnage [tax per ton] and poundage [tax per pound] on goods +exported and imported shall be taken to provide safeguard of the +seas for such goods. + +All persons must go to the established church on Sundays and holy +days. The penalty was at first forfeiture 12d. along with church +punishment, and later, 20 pounds per month and being bound by two +sureties for 200 pounds for good behavior, and if the 20 pounds is +not paid, then forfeiture of all goods to be applied to the amount +due and two-thirds of one's land. + +These laws were directed against Catholicism, but were laxly +enforced as long as worship was not open and no one wore priestly +clothes: + +The writing, preaching, or maintaining of any foreign spiritual +jurisdiction shall be punished by forfeiture of goods or, if the +goods are not worth 20 pounds, one year imprisonment, for the +first offence; forfeiture of goods and lands and the King's +protection, for the second offence; and the penalty for high +treason for the third offence. + +Any person leading others to the Romish [Catholic] religion is +guilty of high treason. The penalty for saying mass is [2,667s.] +200 marks and one year's imprisonment. The penalty for hearing +mass is [1,333s.] 100 marks and one year's imprisonment. If one is +suspected of being a Jesuit or priest giving mass, one must answer +questions on examination or be imprisoned. + +Papists [those who in conscience refused to take the oath of +supremacy of the Crown over the church] must stay in their place +of abode and not go five miles from it, unless licensed to do so +for business, or forfeit one's goods and profits of land for life. +If a copyholder, land is forfeited to one's lord. But if the goods +are not worth 800s. or the land is not worth at least 267s., the +realm must be abjured. Otherwise, the papist is declared a felon +without benefit of clergy. + +If a child is sent to a foreign land for Catholic education, he +cannot inherit lands or goods or money, unless he conforms to the +established church on his return. There is also a 100 pound +penalty for the persons who sent him. + +Devising or speaking seditious rumors are penalized by the pillory +and loss of both ears for the first offense; and 200 pounds and +six months imprisonment for the second offence. Slandering the +Queen is penalized by the pillory and loss of one ear, or by +[1,333s.] 100 marks and three months imprisonment, at the choice +of the offender. The second offence is a felony. Printing, +writing, or publishing seditious books is a felony without benefit +of clergy. Wishing the Queen dead, prophesying when she would die, +or who would succeed her to the Crown is a felony without benefit +of clergy. Attainders for these felonies shall not work corruption +of the blood [heirs may inherit the property of the felon]. + +Because the publication of many books and pamphlets against the +government, especially the church, had led to discontents with +the established church and to the spreading of sects and schisms, +the Star Chamber in 1585 held that the printing trade was to be +confined to London, except for one press at Oxford and one at +Cambridge. No book or pamphlet could be printed unless the text +was first seen, examined, and allowed by the Archbishop of +Canterbury or the Bishop of London. Book publishers in violation +were to be imprisoned for six months and banned from printing; +their equipment was to be destroyed. Wardens were authorized to +search wherever "they shall have reasonable cause of suspicion", +and to seize all such books and pamphlets printed. But printers +continued to print unlicensed material. + + + + - Judicial Procedure - + +Jurors shall be selected from those people who have at least 80s. +annual income instead of 40s. because sheriffs have been taking +bribes by the most able and sufficient freeholders to be spared at +home and the poorer and simpler people, who are least able to +discern the causes in question, and most unable to bear the +charges of appearance and attendance in such cases have been the +jurors. Also there had been inflation. + +Defendants sued or informed against upon penal statutes may appear +by attorney so that they may avoid the inconvenience of traveling +a long distance to attend and put to bail. + +No only sheriffs, but their employees who impanel juries or +execute process in the courts shall take an oath of office. + +A hundred shall answer for any robbery therein only if there has +been negligence or fault in pursuit of the robber after a hue and +cry is made because the past law has been too harsh and required +payment for offenses from people unable to pay who have done +everything reasonable to catch the robber. + +The Star Chamber became the central criminal court after 1560, and +punished perjury, corruption, malfeasance throughout the legal +system such as jury corruption and judicial bribery, rioting, +slander, and libel. Its procedure was inquisitory rather than +accusative. It heard witnesses in camera [not in the presence of +the suspected]. Trial was by systematic interrogation of the +suspected on oath, with torture if necessary in treason cases. +Silence could be taken for a confession of guilt. There was no +jury. Queen Elizabeth chose not to sit on this court. Punishments +were imprisonment, fines, the pillory, ear cropping or tacking, +whipping, stigmata on the face, but not death or any dismemberment +except for the ears. (The gentry was exempt from whipping.) + +The Ecclesiastical High Commission [later called the Court of High +Commission or High Court of Ecclesiastical Causes] took over +criminal cases formerly heard by the church courts. It also heard +matters of domestic morals. It was led by bishops and Privy +Council members who in 1559 were authorized by a statute of +Parliament to keep order within the church, discipline the clergy, +and punish such lay offenses as were included in the +ecclesiastical jurisdiction. Obstinate heresy is still a capital +crime, but practically the bishops have little power of forcing +heretics to stand trial. If anyone maintains papal authority, he +forfeits his goods; on a third conviction, he is a traitor. The +clergyman who adopts a prayer book other that the prescribed one +commits a crime. Excommunication has imprisonment behind it. +Elizabeth gave this court the power to fine and imprison, which +the former church courts had not had. At first, the chief work was +depriving papists of their benefices. + +Suits on titles to land were restricted to the common law courts +and no longer to be heard in the Star Chamber, Chancery Court, or +in the Court of Requests (equity for poor people). + +The Queen's Privy Council investigated sedition and treason, +security of the regime, major economic offenses, international +problems, civil commotion, officials abusing their positions, and +persons perverting the course of justice. It frequently issued +orders to Justices of the Peace, for instance to investigate riots +and crimes, to enforce the statutes against vagrancy and illegal +games, to regulate alehouses, to ensure that butchers, innkeepers, +and victuallers did not sell meat on fish days, and to gather +information needed from the counties. The Justices of the Peace +decided misdemeanors such as abduction of heiresses, illegal +entry, petty thievery, damage to crops, fence-breaking, brawling, +personal feuds, drunken pranks, swearing, profanation of the +Sabbath, alehouse nuisances, drunkenness, perjury, and malfeasance +by officials. They held petty and quarter sessions. The Justices +of the Peace had administrative duties in control of vagrancy, +upkeep of roads and bridges, and arbitration of lawsuits referred +to them by courts. They listed the poor in each parish community, +assessed rates for their maintenance, and appointed overseers to +administer the welfare system, deploying surplus funds to provide +houses of correction for vagrants. Raw materials such as wool, +flax, hemp, and iron were bought upon which the able-bodied +unemployed could be set to work at the parochial level. They +determined wages in their districts, with no statutory ceiling on +them, for all laborers, weavers, spinsters, workmen and workwomen +working by the day, week, month, or year, or taking any work at +any person's hand. There were about 50 Justices of the Peace per +county. All were unpaid. They performed these duties for the next +200 years. + +The Justices of Assize rode on circuit twice a year to enforce the +criminal law and reported their assessment of the work of the +Justices of the Peace back to the Privy Council. + +The duty to hear and determine felonies was taken from Justices of +the Peace by 1590. The Justices of Assize did this work. Accused +people could wait for years in gaol before their case was heard. +Felonies included breach of prison, hunting by night with painted +faces, taking horses to Scotland, stealing of hawks' eggs, +stealing cattle, highway robbery, robbing on the sea, robbing +houses, letting out of ponds, cutting of purses, deer-stealing at +night, conjuring and witchcraft, diminution of coin, +counterfeiting of coins, and impenitent roguery and idleness. The +penalty was death. Many people were hanged for the felony of theft +over 12d. Some bold men accused of felony refused to plead so that +they could not be tried and found guilty. They died of heavy +weights being placed on their bodies. But then their property +could go to their heirs. + +The Court of Queen's Bench and Exchequer indirectly expanded their +jurisdiction to include suits between citizens, formerly heard +only the Court of Common Pleas or Chancery. Chancery interrogated +defendants. Chancery often issued injunctions against suits in the +common law courts. Trial by combat was very rare. + +Benefit of clergy may not be had for stabbing a person who has no +weapon drawn, if he dies within six months. + +Pleadings had to be in writing and oral testimony was given by +sworn witnesses. Case decisions are in books compiled by various +reporters who sit in on court hearings rather than in year books. + +In the common law, trespass has given rise to the offshoot branch +of "ejectment", which becomes the common means of recovering +possession of land, no matter what kind of title the claimant +asserts. Trespass on the case has given rise to the offshoot +branch of "trover" [finding another's goods and converting them to +one's own use]. Trover gradually supplants detinue, in which there +is compurgation. + +In the common law courts, the action of assumpsit for enforcing +certain promises is used more than the action of debt in those +cases where there is a debt based on an agreement. The essential +nature of "consideration" in contract is evolving from the +procedural requirements for the action of assumpsit. Consideration +may consist in mutual promises, a precedent debt, or a detriment +incurred by one who has simultaneously received a promise related +to the detrimental action. Consideration must be something, an +act, or forbearance of an act that is of value. For instance, +forbearance to sue a worthless claim is not consideration. + +The abstract concept of contract as an agreement between two +parties which is supported by consideration is developing as the +number of various agreements that are court enforceable expands. +For instance the word "consideration" is used in Hayward's Case in +1595 in the Court of Wards on the construction of a deed. Sir +Rowland Hayward was seised in fee of the Doddington manor and +other lands and tenements, whereof part was in demesne, part in +lease for years with rents reserved, and part in copyhold, by +indenture, "in consideration of a certain sum of money" paid to +him by Richard Warren and others, to whom he demised, granted, +bargained and sold the said manor, lands and tenements, and the +reversions and remainders of them, with all the rents reserved +upon any demise, to have and to hold to them and their assigns, +presently after the decease of Sir Rowland, for the term of 17 +years. It was held that the grantees could elect to take by +bargain and sale or by demise, each of which had different +consequences. + +In another case, A delivered 400s. to B to the use of C, a woman, +to be delivered to her on the day of her marriage. Before this +day, A countermanded it, and called home the money. It was held in +the Chancery Court that C could not recover because "there is no +consideration why she should have it". + +In a case concerning a deed, A sold land to B for 400s., with +confidence, that it would be to the use of A. This bargain "hath a +consideration in itself ... and such a consideration is an +indenture of bargain and sale". It was held that the transaction +was not examinable except for fraud and that A was therefore +estopped. + +A court reporter at the King's Bench formulated two principles on +consideration of the case of Wilkes against Leuson as: "The heir +is estopped from falsifying the consideration acknowledged in the +deed of feoffment of his ancestor. Where a tenant in capite made a +feoffment without consideration, but falsely alleged one in the +deed on an office finding his dying seised, the master of the +wards cannot remove the feoffees on examining into the +consideration, and retain the land until &c. and though the heir +tended, still if he do not prosecute his livery, the Queen must +admit the feoffees to their traverse, and to have the farm, &c." +The court reporter summarized this case as follows: Wilkes, who +was merchant of the staple, who died in February last past, made a +feoffment in the August before his death to one Leuson, a knight, +and his brother, and another, of the manor of Hodnel in the county +of Warwick; and the deed,(seen) for seven thousand pounds +[140,000s.] to him paid by the feoffees, of which sum he made +acquittance in the same deed (although in fact and in truth not a +half-penny was paid), gave, granted, and confirmed &c "habendum +eir et hoeredibus suis in perpetuum, ad proprium opus et usum +ipsorum A. B. et C. in perpetuum," and not "hoeredum suorum," +together with a clause of warranty to them, their heirs and +assigns, in forma proedicta: and notwithstanding this feoffment he +occupied the land with sheep, and took other profits during his +life; and afterwards his death was found on a diem clausit +extremum by office, that he died seised of the said manor in fee, +and one I. Wilkes his brother of full age found his next heir, and +a tenure in capite found, and now within the three months the said +feoffees sued in the court of wards to be admitted to their +traverse, and also to have the amnor in farm until &c. And +although the said I. Wilkes the brother had tendered a livery, yet +he had not hitherto prosecuted it, but for cause had discontinued. +And whether now the master of the wards at his discretion could +remove the feoffees by injunction out of possession upon +examination of the said consideration of the said feoffment which +was false, and none such in truth, and retain it in the hands of +the Queen donec et quousque &c. was a great question. And by the +opinion of the learned counsel of that court he cannot do it, but +the Queen is bound in justice to give livery to him who is found +heir by the office, or if he will not proceed with that, to grant +to the tenderers the traverse, and to have the farm, &c. the +request above mentioned. And this by the statutes ... And note, +that no averment can be allowed to the heir, that the said +consideration was false against the deed and acknowledgment of his +ancestor, for that would be to admit an inconvenience. And note +the limitation of the use above, for divers doubted whether the +feoffees shall have a fee-simple in the sue, because the use is +not expressed, except only "to themselves (by their names) for +ever;" but if those words had been wanting, it would have been +clear enough that the consideration of seven thousand pounds had +been sufficient, &c. for the law intends a sufficient +consideration by reason of the said sum; but when the use is +expressed otherwise by the party himself, it is otherwise. And +also the warranty in the deed was "to them, their heirs, and +assigns, in form aforesaid," which is a declaration of the intent +of Wilkes, that the feoffees shall not have the use in fee simple; +and it may be that the use, during their three lives, is worth +seven thousand pounds, and more &c. And suppose that the feoffment +had been "to have to them and their heirs to the proper use and +behoof of them the feoffees for the term of their lives for ever +for seven thousand pounds," would they have any other estate than +for the term of their lives in the use? I believe not; and so in +the other case. + +A last example of a case concerning consideration is that of +Assaby and Others against Lady Anne Manners and Others. The court +reporter characterized the principle of the case as: "A. in +consideration of his daughter's marriage covenants to stand seised +to his own use for life, and that at his death she and her husband +shall have the land in tail, and that all persons should stand +seised to those uses, and also for further assurance. After the +marriage he bargains and sell with fine and recovery to one with +full notice of the covenants and use; this is of no avail, but on +the death of A. the daughter and her husband may enter." The court +reporter summarized this case as follows: A. was seised of land in +fee, and in consideration of a marriage to be had between his +daughter and heir apparent, and B. son and heir apparent of C. he +covenanted and agreed by indenture with C. that he himself would +have, hold, and retain the land to himself, and the profits of +during his life, and that after his decease the said son and +daughter should have the land to them and to the heirs of their +two bodies lawfully begotten, and that all persons then or +afterwards seised of the land should stand and be seised +immediately after the marriage solemnized to the use of the said +A. for the term of his life, and after his death to the use of the +said son and daughter in tail as above, and covenanted further to +make an assurance of the land before a certain day accordingly &c. +and then the marriage took effect; and afterwards A. bargained and +sold the land for two hundred marks [2,667s.](of which not a penny +is paid) to a stranger, who had notice of the first agreements, +covenants, and use, and enfeoffed divers persons to this last use, +against whom a common recovery was had to his last use; and also +A. levied a fine to the recoverers before any execution had, and +notwithstanding all these things A. continued possession in taking +the profits during his life; and afterwards died; and the son and +daughter entered, and made a feoffment to their first use. And all +this matter was found in assize by Assaby and others against Lady +Anne Manners and others. And judgment was given that the entry and +feoffment were good and lawful, and the use changed by the first +indenture and agreement. Yet error was alleged. The judgment in +the assize is affirmed. + +The famous Shelley's Case stands for the principle that where in +any instrument an estate for life is given to the ancestor, and +afterwards by the same instrument, the inheritance is limited +whether mediately, or immediately, to his heirs, or heirs of his +body, as a class to take in succession as heirs to him, the word +"heirs" is a word of limitation, and the ancestor takes the whole +estate. For example, where property goes to A for life and the +remainder goes to A's heirs, A's life estate and the remainder +merge into a fee in A. A can sell or devise this interest. + +Edward Shelley was a tenant in tail general. He had two sons. The +older son predeceased his father, leaving a daughter and his wife +pregnant with a son. Edward had a common recovery (the premises +being in lease for years) to the use of himself for term of his +life, after his decease to the use of the male heirs of his body, +and of the male heirs of the body of such heirs, remainder over. +After judgment and the awarding of the writ of seisin, but before +its execution, Edward died. After his death, and before the birth +of his older son's son, the writ of seisin was executed. The +younger son entered the land and leased it to a third party. +Afterwards, the son of the older son was born. He entered the land +and ejected the third party. It was held that the younger son had +taken quasi by descent until the birth of the older son's son. The +entry by the older son's son was lawful. The third party was +lawfully ejected. (Shelley's Case, King's Bench, 1581, English +Reports - Full Reprint, Vol. 76, Page 206.) + + + + + + - - - Chapter 14 - - - + + + + - The Times: 1601-1625 - + +Due in part to increasing population, the prices of foodstuffs had +risen sixfold from the later 1400s, during which it had been +stable. This inflation gradually impoverished those living on +fixed wages. Landlords could insist on even shorter leases and +higher rents. London quadrupled in population. Many lands that +were in scattered strips, pasture lands, waste lands, and lands +gained from drainage and disafforestation were enclosed for the +introduction of convertible agriculture (e.g. market-oriented +specialization) and only sometimes for sheep. The accompanying +extinguishment of common rights was devastating to small tenants +and cottagers. Gentry and yeomen benefited greatly. There was a +gradual consolidation of the land into fewer hands and demise of +the small family farm. In towns, the mass of poor, unskilled +workers with irregular work grew. Prices finally flattened out in +the 1620s. + +Society became polarized with a wealthy few growing wealthier and +a mass of poor growing poorer. This social stratification became a +permanent fixture of English society. Poverty was no longer due to +death of a spouse or parent, sickness or injury, or a phase in the +life cycle such as youth or old age. Many full-time wage earners +were in constant danger of destitution. More subdivided land +holdings in the country made holdings of cottagers miniscule. But +these were eligible for parish relief under the poor laws. Beside +them were substantial numbers of rogues and vagabonds wandering +the roads. These vagrants were usually young unmarried men. There +were no more licensed liveries of lords. + +During the time 1580 to 1680, there were distinct social classes +in England which determined dress, convention in comportment which +determined face-to-face contacts between superiors and inferiors, +order of seating in church, place arrangement at tables, and rank +order in public processions. It was influenced by power, wealth, +life-style, educational level, and birth. These classes lived in +separate worlds; their paths did not cross each other. People +moved only within their own class. Each class had a separate +existence as well as a different life style from the other +classes. So each class developed a wariness of other classes. +However, there was much social mobility between adjacent classes. + +At the top were the gentry, about 2% of the population. Their's +was a landed wealth with large estate mansions. They employed many +servants and could live a life of leisure. Their lady wives often +managed the household with many servants and freely visited +friends and went out shopping, riding, or walking. They conversed +with neighbors and made merry with them at childbirths, +christenings, churchings, and funerals. Gentlemen usually had +positions of responsibility such as lords of manors and leaders in +their parishes. These families often sent the oldest son to +university to become a Justice of the Peace and then a member of +Parliament. They also served as justices and as county officers +such as High Constable of their hundred and grand jury member. +Their social, economic, and family ties were at least county-wide. +They composed about 700 gentle families, including the peers, who +had even more landed wealth, which was geographically dispersed. +After the peers were: baronets (created in 1611), knights, +esquires, and then ordinary gentlemen. These titles were acquired +by being the son of such or purchase. Most gentry had a house in +London, where they spent most of their time, as well as country +mansions. About 4/5 of the land was in the hands of 7,000 of the +nobility and landed gentry due in part to entails constructed by +attorneys to favor hereditary interests. The gentry had also +profited by commerce and colonial possessions. The country life of +a country squire or gentleman dealt with all the daily affairs of +a farm. He had men plough, sow, and reap. He takes part in the +haying and getting cut grass under cover when a rain came. His sow +farrows, his horse is gelded, a first lamb is born. He drags his +pond and takes out great carps. His horses stray and he finds them +in the pound. Boys are bound to him for service. He hires +servants, and some work out their time and some run away. His hog +is stabbed. Knaves steal his sheep. He and a neighbor argue about +the setting up of a cottage. He borrows money for a daughter's +dowry. He holds a leet court. He attends church on Sunday and +reads the lesson when called upon. He visits the local tavern to +hear from his neighbors. Country folk brawl. Wenches get pregnant. +Men commit suicide, usually by hanging. Many gentlemen spent their +fortunes and died poor. New gentlemen from the lower classes took +their place. + +The second class included the wealthier merchants and professional +men of the towns. These men were prominent in town government. +They usually had close family ties with the gentry, especially as +sons. When wealthy enough, they often bought a country estate. The +professional men included military officers, civil service +officials, attorneys, some physicians, and a few clergymen. The +instabilities of trade, high mortality rates in the towns, and +high turnover rate among the leading urban families prevented any +separate urban interest group arising that would be opposed to the +landed gentry. Also included in this second group were the most +prosperous yeomanry of the countryside. + +The third class was the yeomanry at large, which included many +more than the initial group who possessed land in freehold of at +least 40s., partly due to inflation. Freehold was the superior +form of holding land because one was free to sell, exchange, or +devise the land and had a political right to vote in Parliamentary +elections. Other yeomen were those who possessed enough land, as +copyholder or leaseholder, to be protected from fluctuations in +the amount of the annual harvest, that is, at least 50 acres. A +copyholder rented land from a lord for a period of years or lives, +usually three lives including that of the widow, and paid a +substantial amount whenever the copyhold came up for renewal. The +copyholder and leaseholder were distinguished from the mere +tenant-at-will, whose only right was to gather his growing crop +when his landlord decided to terminate his tenancy. The average +yeoman had a one and a half story house, with a milkhouse, a +malthouse, and other small buildings attached to the dwelling. The +house would contain a main living room, a parlor, where there +would be one or more beds, and several other rooms with beds. No +longer was there a central great hall. Cooking was done in a +kitchen or over the open fire in the fireplace of the main room. +Furniture included large oak tables, stools, settes or forms, +chests, cupboards, and a few hard-backed simple chairs. Dishware +was wood or pewter. The yeomen were among those who governed the +nation. They often became sureties for recognizances, witnesses to +wills, parish managers, churchwardens, vestrymen, the chief civil +officers of parishes and towns, overseers of the poor, surveyors +of bridges and highways, jurymen and constables for the Justices +of the Peace, and sheriffs' bailiffs. The families and servants of +these yeomen ate meat, fish, wheaten bread, beer, cheese, milk, +butter, and fruit. Their wives were responsible for the dairy, +poultry, orchard, garden, and perhaps pigs. They smoked and cured +hams and bacon, salted fish, dried herbs for the kitchen or of +lavender and pot-pourri for sweetening the linen, and arranged +apples and roots in lofts or long garrets under the roof to last +the winter. They preserved fruits candied or in syrup. They +preserved wines; made perfumes, washes for preserving the hair and +complexion, rosemary to cleanse the hair, and elder-flower water +for sunburn; distilled beverages; ordered wool hemp, and flax to +spin for cloth (the weaving was usually done in the village); +fashioned and sewed clothes and house linens; embroidered; dyed; +malted oats; brewed; baked; and extracted oils. Many prepared herb +medicines and treated injuries, such as dressing wounds, binding +arteries, and setting broken bones. Wives also ploughed and sowed, +weeded the crops, and sheared sheep. They sometimes cared for the +poor and sold produce at the market. Some yeomen were also +tanners, painters, carpenters, or blacksmiths; and as such they +were frequently brought before the Justices of the Peace for +exercising a craft without having served an apprenticeship. The +third class also included the freemen of the towns, who could +engage independently in trade and had political rights. These were +about one-third of the male population of the town. + +The fourth class included the ordinary farmer leasing by copyhold, +for usually 21 years, five to fifty acres. From this class were +drawn sidesmen [assistants to churchwardens] and constables. They +had neither voice nor authority in government. Their daily diet +was bacon, beer, bread, and cheese. Also in this class were the +independent urban craftsmen who were not town freemen. Their only +voice in government was at the parish level. + +The fifth and lowest class included the laborers and cottagers, +who were usually tenants at will. They were dependent on day +labor. They started work at dawn, had breakfast for half an hour +at six, worked until dinner, and then until supper at about six; +in the summer they would then do chores around the barns until +eight or nine. Some were hedgers, ditchers, ploughmen, reapers, +shepherds, and herdsmen. The cottagers' typical earnings of about +1s. a day amounted to about 200 shillings a year, which was almost +subsistence level. Accordingly they also farmed a little on their +four acres of land with garden. Some also had a few animals. They +lived in a one or two room cottage of clay and branches of trees +or wood, sometimes with a brick fireplace and chimney, and few +windows. They ate bread, cheese, lard, soup, and greens. If a +laborer was unmarried, he lived with the farmer. Theirs was a +constant battle for survival. They often moved because of +deprivation to seek opportunity elsewhere. The town wage-earning +laborers ranged from journeymen craftsmen to poor casual laborers. +The mass of workers in London were not members of guilds, and the +crime rate was high. + +The last three classes also contained rural craftsmen and +tradesmen, who also farmed. The variety of trades became very +large, e.g. tinsmiths, chain smiths, pewterers, violin makers, and +glass painters. The curriers, who prepared hides for shoemakers, +coachmakers, saddlers, and bookbinders, were incorporated. + +The fourth and fifth classes comprised about three fourths of the +population. + +Then there were the maritime groups: traders, shipowners, master +and seamen, and the fishers. + +Over one fourth of all households had servants. They were the +social equals of day laborers, but materially better off with food +and clothing plus an allowance of money of two pounds [40s.] a +year. Those who sewed got additional pay for this work. There was +no great chasm between the family and the servants. They did not +segregate into a parlor class and a kitchen class. The top +servants were as educated as their masters and ate at the same +table. Great households had a chaplain and a steward to oversee +the other servants. There was usually a cook. Lower servants ate +together. Servants were disciplined by cuffs and slaps and by the +rod by master or mistress. Maids wore short gowns, a large apron, +and a gypsy hat tied down over a cap. Chamber maids helped to +dress their mistresses. Servants might sleep on trundle beds +stored under their master's or mistress's bed, in a separate room, +or on the straw loft over the stables. A footman wore a blue tunic +or skirted coat with corded loop fasteners, knee-britches, and +white stockings. He walked or ran on foot by the side of his +master or mistress when they rode out on horseback or in a +carriage and ran errands for him, such as leading a lame horse +home or running messages. A good footman is described in this +letter: "Sir, - You wrote me lately for a footman, and I think +this bearer will fit you: I know he can run well, for he has run +away twice from me, but he knew the way back again: yet, though he +has a running head as well as running heels (and who will expect a +footman to be a stayed man) I would not part with him were I not +to go post to the North. There be some things in him that answer +for his waggeries: he will come when you call him, go when you bid +him, and shut the door after him; he is faithful and stout, and a +lover of his master. He is a great enemy to all dogs, if they bark +at him in his running; for I have seen him confront a huge +mastiff, and knock him down. When you go a country journey, or +have him run with you a-hunting, you must spirit him with liquor; +you must allow him also something extraordinary for socks, else +you must not have him wait at your table; when his grease melts in +running hard, it is subject to fall into his toes. I send him to +you but for trial, if he be not for your turn, turn him over to me +again when I come back..." + +Dress was not as elaborate as in Elizabethan times. For instance, +fewer jewels were worn. Ladies typically wore a brooch, earrings, +and pearl necklaces. Men also wore earrings. Watches with +elaborate cases were common. Women's dresses were of satin, +taffeta, and velvet, and were made by dressmakers. Pockets were +carried in the hand, fastened to the waist by a ribbon, or sewn in +petticoats and accessible by a placket opening. The corset was +greatly reduced. Women's hair was in little natural-looking curls, +a few small tendrils on the forehead with soft ringlets behind the +ears, and the back coiled into a simple knot. Men also wore their +hair in ringlets. They had pockets in their trousers, first as a +cloth pouch inserted into an opening in the side seam, and later +sewn into the side seam. The bereaved wore black, and widows wore +a black veil over their head until they remarried or died. Rouge +was worn by lower class women. The law dictating what clases could +wear what clothes was difficult to enforce and the last one was in +1597. + +Cotton chintzes, calicoes, taffetas, muslins, and ginghams from +India were fashionable as dress fabrics. Simple cotton replaced +linen as the norm for napkins, tablecloths, bed sheets, and +underwear. Then it became the fashion to use calicoes for +curtains, cushions, chairs, and beds. Its inexpensiveness made +these items affordable for many. There was a cotton-weaving +industry in England from about 1621, established by cotton workmen +who fled to England in 1585 from Antwerp, which had been captured. +By 1616, there were automatic weaving looms in London which could +be operated by a novice. Toothbrushes, made with horsehair, were a +new and costly luxury. + +Even large houses now tended to do without a courtyard and became +compacted into one soaring and stately whole. A typical country +house had deep-set windows of glass looking into a walled green +court with a sundial in it and fringed around with small trees. +The gables roofs are steep and full of crooks and angles, and +covered with rough slate if there was a source for such nearby. +There was an extensive use of red tile, either rectangular or +other shapes and with design such as fishscales. The rooms are +broad and spacious and include hall, great parlor, little parlor, +matted chamber, and study. In the hall was still the great, heavy +table. Dining tables were covered with cloth, carpet, or printed +leather. Meals were increasingly eaten in a parlor. Noble men +preferred to be waited upon by pages and grooms instead of by +their social equals. After dinner, they deserted the parlor to +retire into drawing rooms for conversation and desserts of sweet +wine and spiced delicacies supplemented by fruit. Afterward, there +might be dancing and then supper. In smaller parlors, there was +increasing use of oval oak tables with folding leaves. Chests of +drawers richly carved or inlaid and with brass handles were coming +in. Walls were wainscotted and had pictures or were hung with +tapestry. Carpets, rugs, and curtains kept people warm. There were +many stools to sit on, and some arm chairs. Wide and handsome open +staircases separated the floors, instead of the circular stone +closed stairwells. Upstairs, the sitting and bedrooms open into +each other with broad, heavy doors. Bedrooms had four-post beds +and wardrobes with shelves and pegs. Under the roof are garrets, +apple-lofts, and root-chambers. Underneath is a cellar. Outside is +a farmyard with outbuildings such as bake house, dairy, cheese- +press house, brewery, stilling house, malt house, wood house, fowl +house, dove cot, pig stye, slaughter-house, barns, stable, and +sometimes a mill. There were stew-ponds for fish and a park with a +decoy for wild fowl. There was also a laundry, carpenter's bench, +blacksmith's forge, and pots and equipment of a house painter. + +In the 1600s, towns were fortified by walled ditch instead of +relying on castles, which couldn't contain enough men to protect +the townspeople. Also in towns, water was supplied by local pumps +and wells. Also, floors were of polished wood or stone and strewn +with rushes in the country. A ladies' attendant might sleep the +same bedroom on a bed which slid under the ladies' bed. +Apprentices and shop boys had to sleep under the counter. Country +laborers slept in a loft on straw. Bread was made in each +household. There were bedroom chairs with enclosed chamber pots. + +Wood fires were the usual type. Coal was coming in to use in the +towns and near coal mines. Charcoal was also used. Food was +roasted on a spit over a fire, baked, or broiled. People still +licked their fingers at meals. The well-to-do had wax candles. +Tallow dips were used by the poor and for the kitchen. People +drank cordials and home-made wines made with grapes, currants, +oranges, or ginger. Some mead was also drunk. + +Tobacco, potatoes, tea, asparagus, kidney beans, scarlet runners, +cardoons (similar to artichokes), horse-radish, sugar-cane, and +turkeys for Christmas, were introduced from the New World, China, +and India. Tea was a rare and expensive luxury. Coffee was a new +drink. With the cane sugar was made sweetened puddings, pies, and +drinks. The potato caused the advent of distillation of alcohol +from fermented potato mashes. There was a distiller's company by +1638. Distilleries' drinks had higher alcoholic content than wine +or beer. + +The Merchant Adventurers sold in town stores silks, satins, +diamonds, pearls, silver, and gold. There were women peddlers +selling hats and hosiery from door to door and women shopkeepers, +booksellers, alehouse keepers, linen drapers, brewers, and ale- +wives. London had polluted air and water, industrial noise, and +traffic congestion. + +Work on farms was still year-round. In January and February, +fields were plowed and harrowed and the manure spread. Also, trees +and hedges were set, fruit trees pruned, and timber lopped. In +March and April, the fields were stirred again and the wheat and +rye sown. In May gardens were planted, hop vines trained to poles, +ditches scoured, lambs weaned, and sheep watched for "rot". In +June sheep were washed and sheared, and fields were spread with +lime and clay, and manured. In July hay was cut, dried, and +stacked. In August crops were harvested, which called for extra +help from neighbors and townsmen who took holidays at harvesting. +Then there was threshing, and the sowing of winter wheat and rye. +In the autumn, cider from apples and perry from pears may be made. +By November the fall planting was finished and the time had come +for the killing of cattle and hanging up their salted carcasses +for winter meat. Straw would be laid down with dung, to be spread +next spring on the fields. Stock that could not live outdoors in +winter were brought into barns. + +Government regulated the economy. In times of dearth, it ordered +Justices of the Peace to buy grain and sell it below cost. It +forbade employers to lay off workers whose products they could not +sell. It used the Star Chamber Court to enforce economic +regulations. + +There were food riots usually during years of harvest failure, in +which organized groups seized foodstuffs being transported or in +markets, and enclosure riots, in which organized groups destroyed +hedges and fences erected in agrarian reorganization to restrict +access to or to subdivide former common pasture land. These self- +help riots were last resorts to appeals and were orderly. The +rioters were seldom punished more than a fining or whipping of the +leaders and action was taken to satisfy the legitimate grievances +of the rioters. + +The poor came to resent the rich and there was a rise in crime +among the poor. Penal laws were frequently updated in an effort to +bring more order. + +Enclosures of land were made to carry on improved methods of +tillage, which yielded more grain and more sheep fleece. Drainage +of extensive marsh land created more land for agriculture. Waste +land was used to breed game and "fowling" contributed to farmers' +and laborers' livelihoods. Killing game was not the exclusive +right of landowners, but was a common privilege. The agricultural +laborer, who worked for wages and composed most of the wage- +earning population, found it hard to make ends meet. + +In 1610, weekly wages for a mason were 8s. or 5s., for a laborer +were 6s. or 4s., for a carpenter 8s. or 6s. An unskilled laborer +received 1s. a day. + +There were conventions of paternalism and deference between +neighbors of unequal social status. A social superior often +protected his lessers from impoverishment For instance, the +landlord lessened rents in times of harvest failure. A social +superior would help find employment for a lesser person or his +children, stand surety for a recognizance, intervene in a court +case, or have his wife tend a sick member of his lesser's family. +A social obligation was felt by most of the rich, the landlords, +the yeomen farmers, and the clergy. This system of paternalism and +social deference was expressed and reinforced at commonly attended +village sports and games, dances, wakes and "ales" (the proceeds +of which went to the relief of a certain person in distress), +"rush-bearings", parish feasts, weddings, christenings, +"churchings" to give thanks for births, and funerals. Even the +poor were buried in coffins. Also there was social interaction at +the local alehouse, where neighbors drank, talked, sung, and +played at bowls or "shove goat" together. + +Quarrelling was commonplace. For instance, borough authorities +would squabble over the choice of a schoolmaster; the parson would +carry on a long fight with parishioners over tithe hens and pigs; +two country gentlemen would continue a vendetta started by their +great-grandfathers over a ditch or hunting rights; the +parishioners would wrangle with the churchwardens over the +allocation of pews. The position of one's pew reflected social +position. Men tried to keep the pews of their ancestors and the +newly prosperous wanted the recognition in the better pews, for +which they had to pay a higher amount. But, on the other hand, +farmers were full of good will toward their neighbors. They lent +farm and kitchen equipment, helped raise timbers for a neighbor's +new barn, sent food and cooked dishes to those providing a funeral +feast and to the sick and incurable. + +Village standards of behavior required that a person not to drink +to excess, quarrel, argue, profane, gossip, cause a nuisance, +abuse wife or children, or harbor suspicious strangers, and to pay +scot and bear lot as he was asked. Neighbors generally got along +well and frequently borrowed and loaned small sums of money to +each other without interest for needs that suddenly arose. Bad +behavior was addressed by mediation and, if this failed, by +exclusion from holy communion. There was also whipping and the +stocks. + +Marital sex was thought to be good for the health and happiness of +the husband and enjoyable by wives. The possibility of female +orgasm was encouraged. Both women and men were thought to have +"seed" and drank certain potions to cause pregnancy or to prevent +birth. Some argued that orgasm of both partners was necessary for +the "seed" of the male and female to mix to produce pregnancy. +Most women were in a virtual state of perpetual pregnancy. Both +Catholics and Protestants thought that God wanted them to multiply +and cover the earth. Catholics thought that the only goal of sex +was procreation. Men were considered ready for marriage only when +they could support a family, which was usually at about age 30. +Brides were normally virgins, but there was bridal pregnancy of +about 20%. Women usually married at about age 25. Marriages were +usually within one's own class and religion. The aristocracy often +initiated matches of their children for the sake of continuity in +the family estates and tried to obtain the consent of their +children for the match in mind. The age of consent to marry was 14 +for boys and 12 for girls. Girls in arranged marriages often +married at 13, and boys before they went to university. But the +girls usually stayed with their parents for a couple of years +before living with their husbands. If married before puberty, +consummation of the marriage waited for such time. In other +classes, the initiative was usually taken by the child. Dowries +and marriage portions usually were given by the parents of the +bride. Wet-nurses frequently were used, even by Puritans. There +were no baby bottles. Many babies died, causing their parents much +grief. About 1/4 of women's deaths occurred during childbirth. A +child was deemed to be the husband's if he was within the four +seas, i.e. not in foreign lands, for an agreed length of time. +Illegitimacy was infrequent, and punished by church-mandated +public penance by the mother and lesser penance and maintenance by +the father. Adultery was subject to church court sanctions as was +defamation for improper sexual conduct. + +The established church still taught that the husband was to be the +authority in marriage and had the duty to provide for, protect, +and maintain his wife. Wives were to obey their husbands, but +could also admonish and advise their husbands without reproach. In +literature, women were portrayed as inferior to men intellectually +and morally as well as physically. In reality wives did not fit +the image of women portrayed by the church and literature. +Quarrels were not uncommon and were not stopped by a husband's +assertion of authority. Wives were very active in the harvesting +and did casual labor of washing, weeding, and stone-picking. +Farmers' and tradesmen's wives kept accounts, looked after the +garden, orchard, pigs, and poultry; brewed beer; spun wool and +flax; and acted as agents in business affairs. Wives of craftsmen +and tradesmen participated actively in their husbands' shops. +Wives of weavers spun for their husband's employers. Wives of the +gentry ran their households with their husbands. The lady of a +large mansion superintended the household, ordering and looking +after the servants, and seeing to the education of her children. +Mothers handed down their recipes to their daughters. Women still +did much needlework and embroidering for clothing and house, such +as cushions, screens, bed curtains, window curtains, hangings, +footstools, book covers, and small chests of drawers for +valuables. Liking simplicity, Puritan women did less of this work. + +Naming one's wife as executor of one's will was the norm. +Jointures were negotiated at the betrothal of ladies. Widows of +manorial tenants were guaranteed by law one-third of family real +property, despite creditors. But most testators went beyond this +and gave a life interest in the farm or family house. So it was +customary for a widow to remain in occupation of the land until +her death or remarriage. Few widow or widowers lived with one of +their children. Widows usually had their husband's guild rights +and privileges conferred upon them, e.g. to receive apprentices. +In London, custom gave 1/3 of a deceased husband's estate to his +wife on his death, but 2/3 if there were no children. The other +part went according to his will. If a widows did not remarry in +memory of her husband, she was esteemed. But remarriage was common +because the life expectancy after birth was about 35 years. + +Sons of the well-to-do went into law, the Church, the army, or the +navy. If not fit for such, they usually went into a trade, +apprenticing, for instance, with a draper, silk-merchant, or +goldsmith. Sometimes a son was sent to the house of a great man as +a page or esquire to learn the ways of courtiers and perhaps +become a diplomat. + +The guild with its master and their employees was being replaced +by a company of masters. + +About 5% of the population was Catholic, although it was against +the law to practice this religion. Indeed it long been the +practice to sequester their lands, punish them for going to mass, +fine them for not attending the established church, banish their +priests, and imprison those who aided priests. There was a +Catholic plot in 1605 to blow up Parliament and the king with +gunpowder and to restore Catholicism as the state religion with a +Catholic king. It was discovered and the conspirators were +executed. Then there was a crack-down on Catholics, with houses +being searched for hiding places for priests. Also, legislation +was passed barring Catholics from many offices. + +James I ruled over both England and Scotland. He had come from +Scotland, so was unfamiliar with English love of their rights and +passion for liberty and justice. When he came to the throne, he +had a conference with a group of Puritans who asked for certain +reforms: ceremonies such as the cross in baptism and the ring in +marriage should not be used, only educated men competent to preach +should be made ministers, bishops should not be allowed to hold +benefices that they did not administer, and minor officials should +not excommunicate for trifles and twelve-penny matters. He not +only denied their requests, but had the English Bible revised into +the King James version, which was published in 1611. This was to +replace the popular Geneva Bible written by English protestant +refugees from Catholic Queen Mary's reign, which he did not like +because some of its commentary was not highly favorable to kings. +Religion was much discussed by all and scripture was frequently +quoted. James didn't believe a king had to live by the law; he +hadn't as king of Scotland. He tried to imbue into England the +idea of a divine right of kings to rule that he had held in +Scotland. The established church quickly endorsed and preached +this idea. + +The selection of the clergy of the parish churches was now often +in the hands of the parishioners, having been sold to them by the +patron lord of the manor. Some patrons sold the right of selection +to a tradesman or yeoman who wished to put in his son or a +relative. Some rights of selection were in the hands of bishops, +the colleges, and the Crown. The parish clergyman was appointed +for life and removed only for grave cause. Most parishoners wanted +a sermon created by their minister instead of repetitious homilies +and constant prayer. They thought that the object of worship in +church was to rouse men to think and act about the problems of the +world. + +In 1622, the king mandated that clergymen quote scripture only in +context of the Book of Articles of Religion of 1562 or the two +Books of Homilies and not preach any sermon on Sunday afternoon +except on some part of the Catechism or some text out of the +Creed, Ten Commandments, or the Lord's Prayer. + +The Puritan movement grew. About 5% of the Protestants were +Puritans. These included country gentlemen and wealthier traders. +They dressed simply in gray or other drab colors and wore their +hair short to protest the fashion of long curls. They lived simply +and disapproved of dancing because it induced lasciviousness and +of theater because of its lewdness. Theaters and brothels still +shared the same neighborhoods, the same customers, and sometimes +the same employees. Prostitutes went to plays to find customers; +men shouldered and shoved each other in competing to sit next to +attractive women to get to know them. The Puritans also +disapproved of cock fights because they led to gambling and +disorder, and Maypole celebrations because of their paganism. +There was less humor. Many became stoics. The Puritan church +ceremonies were plain, with no ornamentation. Puritans prayed +several times a day and read the Bible to each other in family +groups to look for guidance in their conduct and life. They asked +for God to intervene in personal matters and looked for signs of +his pleasure or displeasure in happenings such as a tree falling +close but not touching him, or his horse throwing him without +injury to him. When there was an illness in the family or +misfortune, they examined their past life for sins and tried to +correct shortcomings. They circulated records of puritan lives +including spiritual diaries. They believed in the equality of men +and that a good man was better than a bad peer, bishop, or king. +Puritan influence made families closer and not merely dependent on +the will of the husband or father. There was a sense of spiritual +fellowship among family members as individuals. They emphasized +the real need of a lasting love relationship between husband and +wife, so a mutual liking that could develop into love between a +young couple in an arranged match was essential. + +Most Puritans felt that the bishops were as tyrannical as the pope +had been and that more reform was needed. They favored the +Presbyterian form of church government developed by John Calvin in +Switzerland. The presbyter was the position below bishop. Parishes +were governed by boards consisting of a minister and lay elders +elected by the parishioners. These boards sent elected +representatives to councils. All lay elders and ministers had +equal rank with each other. The Calvinist God preordained +salvation only for the elect and damnation and everlasting +punishment for the rest of humanity, but the Puritans had an +optimism about avoiding this damnation. They believed that at his +conversion a person received grace and became predestined for +salvation. They rejected all ecclesiastical institutions except as +established by each parish over its own elected pastor and +members. They rejected the established church's control from the +top by bishops. They believed in negotiating directly with God for +the welfare of the soul without the priest or church organization. + +The fear of witchcraft grew with Puritanism. Poor decrepit old +defenseless women, often deformed and feeble-minded, were thought +to be witches. Their warts and tumors were thought to be teats for +the devil to suck or the devil's mark. Cursing or ill-tempers +(probably from old age pains) or having cats were further +indications of witchery. + +When the king learned in 1618 that the Puritans had prevented +certain recreations after the Sunday service, he proclaimed that +the people should not be restrained from lawful recreations and +exercise such as dancing, archery for men, leaping, vaulting, May- +games, Whitsunales, Morris-dances, and May-pole sports. Also women +could carry rushes to decorate the church as they had done in the +past. (Still unlawful on Sunday was bear and bull baitings and +bowlings.) His stated purpose was to prevent people such as +Catholics from being deterred from conversion, to promote physical +fitness for war, and to keep people from drinking and making +discontented speeches in their ale houses. + +Besides the Puritans, there were other Independent sects, such as +the Congregationalists, whose churches gathered together by the +inspiration of Jesus. This sect was started by English merchants +residing in Holland who set up congregations of Englishmen under +their patronage there; they kept minister and elders well under +their control. The Baptists emerged out of the Independents. They +believed that only adults, who were capable of full belief, and +not children, could be baptized. They also believed that it was +the right of any man to seek God's truth for himself in the +scriptures and that obedience to the state should not extend +beyond personal conscience. + +One fourth of all children born did not live to the age of ten, +most dying in their first year. Babies had close caps over their +head, a rattle, and slept in a sturdy wood cradle that rocked on +the floor, usually near the hearth. Babies of wealthier families +had nurses. The babies of ladies were suckled by wet nurses. +Parents raised children with affection and tried to prepare them +to become independent self-sustaining adults. There was less +severity than in Tudor times, although the maxim "spare the rod +and spoil the child" was generally believed, especially by +Puritans, and applied to even very young children. In disciplining +a child, an admonition was first used, and the rod as a last +resort, with an explanation of the reasons for its use. There were +nursery rhymes and stories such as "Little Bo-Peep", "Jack and the +Beanstalk", "Tom Thumb", "Chicken Little", and Robin Hood and King +Arthur tales, and probably also "Puss in Boots", "Red Ridinghood", +"Cinderella", "Beauty and the Beast", "Bluebeard" and Aesop's +Fables. "Little Jack Horner" who sat in a corner was a satire on +the Puritan aversion to Christmas pudding and sense of conscious +virtue. Toys included dolls, balls, drums, and hobby horses. +Children played "hide and seek", "here we go around the Mulberry +bush", and other group games. School children were taught by "horn +books". This was a piece of paper with the alphabet and perhaps a +religious verse, such as the Paternoster prayer, that was mounted +on wood and covered with thin horn to prevent tearing. Little +girls cross-stitched the alphabet and numerals on samplers. Block +alphabets were just coming in. Most market towns had a grammar +school which would qualify a student for university. They were +attended by sons of noblemen, country squires [poor gentlemen], +merchants, and substantial yeomen, and in some free schools, the +poor. School hours were from 6:00 a.m. to noon or later. +Multiplication was taught. If affordable, families had their +children involved in education after they were small until they +left home at about fifteen for apprenticeship or service. +Otherwise, children worked with their families from the age of +seven, e.g. carding and spinning wool, until leaving home at about +fifteen. + +There were boarding schools such as Winchester, Eton, Westminster, +St. Paul's, and Merchant Taylors'. There, senior boys selected for +conduct and ability supervised younger boys. They thereby got +experience for a future in public life. The system was also a +check on bullying of the weak by the strong. The curriculum +included Lilly's "Grammar", Aesop, Terence's Roman comic plays, +Virgil's "Aeneid", the national epic of Rome, Cicero's "Letters" +reflecting Roman life, Sallust's histories showing people and +their motives, Caesar's "Commentaries" on the Gallic and civil +wars, Horace's "Epistles" about life and poetry, poet Ovid's +"Metamorphoses" on adventures and love affairs of deities and +heros, or "Fasti" on Roman religious festivals and customs, +Donatus' grammar book, and other ancient Latin authors. Football, +with hog bladders, and tennis were played. These schools were +self-supporting and did their own farming. + +Private schools for girls were founded in and around London. They +were attended by daughters of the well-to-do merchant class, +nobility, and gentry. They were taught singing, playing of +instruments, dancing, French, fine sewing, embroidery, and +sometimes arithmetic. Fewer served in the house of some noble lady +as before. Most commonly, the sons and daughters of gentlemen and +nobles were taught by private tutors. A tutor in the house +educated the girls to the same extent as the boys. There were not +many girls' boarding schools. Frequently, the mother educated her +daughters. A considerable number of girls of other backgrounds +such as the yeomanry and the town citizenry somehow learned to +read and write. + +Boys began at university usually from age 14 to 18, but sometimes +as young as 12. The universities provided a broad-based education +in the classics, logic and rhetoric, history, theology, and modern +languages for gentlemen and gave a homogenous national culture to +the ruling class. There was a humanist ideal of a gentleman +scholar. The method of study based largely on lectures and +disputations. Each fellow had about five students to tutor. In +many cases, he took charge of the finances of his students, paying +his bills to tradesmen and the college. His reimbursement by the +students' fathers put them into friendly contact with the family. +The students slept in trundle beds around his bed and had an +adjacent room for study. Scholasticism was only starting to give +way to modern studies. Aristotle, whose authority was paramount, +remained the lynch pin of university studies, especially for logic +and dialectic. The study of rhetoric was based on Quintilian, the +Latin writer, and the Greek treatise of Hermogenes of Tarsus. Also +studyed was Cicero's orations as models of style. Examination for +degrees was by disputation over a thesis of the student. The B.A. +degree was given after four years of study, and the M.A. after +three more. There were advanced degrees in civil law (after seven +more years of study), medicine (after seven years), divinity +(required more than seven years), and music. Many of the men who +continued for advanced degrees became fellows and took part in the +teaching. Most fellowships were restricted to clerics. Oxford and +Cambridge Universities operated under a tutorial system. Access to +grammar schools and universities was closed to girls of whatever +class. Oxford University now had the Bodleian Library. In the +universities, there were three types of students: poor scholars, +who received scholarships and also performed various kinds of +service such as kitchen work and did errands for fellows such as +carrying water and waiting on tables; commoners, who paid low fees +and were often the sons of economical gentlemen or businessmen; +and the Fellow Commoners (a privileged and well-to-do minority, +usually sons of noblemen or great country gentlemen). The Fellow +Commoners paid high fees, had large rooms, sometimes had a +personal tutor or servant, and had the right to eat with the +Fellows at High Table. Here, gentlemen made friends with their +social equals from all over the country. Students wore new- +fashioned gowns of any colors and colored stockings. They put on +stage plays in Latin and English. The students played at running, +jumping, and pitching the bar, and at the forbidden swimming and +football. They were not to have irreligious books or dogs. Cards +and dice could be played only at Christmas time. Students still +drank, swore, and rioted, but they were disallowed from going into +town without special permission. Those below a B.A. had to be +accompanied by a tutor or an M.A. They were forbidden from +taverns, boxing matches, dances, cock fights, and loitering in the +street or market. Sometimes a disputation between two colleges +turned into a street brawl. Punishment was by flogging. Each +university had a chancellor, usually a great nobleman or +statesman, who represented the university in dealings with the +government and initiated policies. The vice-chancellor was +appointed for a year from the group of heads of college. He looked +out for the government of halls, enforced the rules of the +university, kept its courts, licensed wineshops, and shared +control of the town with the mayor. + +Tutors were common. They resided at the boy's house or took boys +to board with them at their houses in England or on the continent. +The tutor sometimes accompanied his student to grammar school or +university. Puritans frequently sent their sons to board in the +house of some Frenchman or Swiss Protestant to learn the Calvinist +doctrines or on tour with a tutor. Certain halls in the +universities were predominately Puritan. Catholics were required +to have their children taught in a home of a Protestant, a +relative if possible. + +The Inns of Court were known as "the third university". It served +the profession of law, and was a training ground for the sons of +nobility and the gentry and for those entering the service of the +commonwealth. Some American colonists sent their sons there. The +Inns were self-governing and ruled by custom. Students were +supposed to live within the Inn, two to a room, but often there +were not enough rooms, so some students lived outside the +quadrangles. Every student was supposed to partake of Commons or +meals for a certain fraction of the year - from eight weeks to +three months and there to argue issues in cases brought up by +their seniors. In hall the students were not allowed to wear hats, +though caps were permitted, nor were they to appear booted or +spurred or carrying swords. For the first two years, they would +read and talk much of the law, and were called Clerks Commoners. +After two years they became Mootmen or Inner Barristers. In five +or six years they might be selected to be called to the bar as +Utter Barristers, whose number was fixed. There was no formal +examination. The Utter Barrister spent at least three more years +performing exercises and assisting in directing the studies of the +younger men. After this time, he could plead in the general courts +at Westminster, but usually carried on law work in the offices of +other men and prepared cases for them. Participating in moots +(practice courts) was an important part of their education. +Lectures on statutes and their histories were given by Readers + +Physicians were licensed by universities, by the local bishop, or +in London, by the College of Physicians and Surgeons. Most were +university graduates, and because of the expense of the education, +from well-to-do families. For the B.A., they emphasized Greek. For +the M.A., they studied the works of Greek physicians Claudius +Galen and Hippocrates, and perhaps some medieval authorities. +After the M.A., they listened to lectures by the Regius Professor +of Medicine and saw a few dissections. Three years of study gave +them a M.B., and four more years beyond this the M.D. degree. A +physician's examination of a patient cost 10s. and included asking +him about his symptoms and feelings of pain, looking at this eyes, +looking at his body for spots indicative of certain diseases, +guessing whether he had a fever, feeling his pulse, and examining +urine and stools, though there were no laboratory tests. Smallpox +was quickly recognized. It was treated by red cloth being wrapped +around the person and put up to cover the windows; this promoted +healing without scarring. Gout was frequent. Syphilis was common +in London and other large centers, especially in Court circles. It +was ameliorated by mercury. An imbalance of the four humors: +blood, phlegm, choler, bile was redressed by blood-letting, +searing, draining, and/or purging. Heart trouble was not easily +diagnosed and cancer was not recognized as a life-threatening +disease. Childbirth was attended by physicians if the patient was +well-to-do or the case was serious. Otherwise women were attended +only by midwives. They often died in childbirth, many in their +twenties. + +The theory of nutrition was still based on the four humors and +deficiency diseases were not understood as such. Physician William +Harvey, son of a yeoman, discovered the circulation of the blood +from heart to lungs to heart to body about 1617. He had studied +anatomy at Padua on the continent and received an M.D. there and +later at Cambridge. Then he accepted a position at the hospital of +St. Bartholomew to treat the poor who came there at least once a +week for a year. He agreed to give the poor full benefit of his +knowledge, to prescribe only such medicines as should do the poor +good without regard to the pecuniary interest of the apothecary +accompanying him, to take no reward from patients, and to render +account for any negligence on his part. He also dissected animals. +Then he ascertained that the heart was a pump and that the valves +in the veins prevented backflow and he followed the course of the +circulation. The language of medicine became that of physics and +mechanics, e.g. wheels and pulleys, wedges, levers, screws, cords, +canals, cisterns, sieves and strainers. This diminished the +religious concept that the heart was the seat of the soul and that +blood had a spiritual significance and was sacred. + +A visit by a physician cost 13s.4d. Melancholia, which made one +always fearful and full of dread, and mania, which made one think +he could do supernatural things, were considered to be types of +madness different from infirmities of the body. Despite a belief +held by some that anatomical investigation of the human body was a +sin against the holy ghost, physicians were allowed to dissect +corpses. So there were anatomy textbooks and anatomy was related +to surgery. Barber-surgeons extracted teeth and performed surgery. + +The physicians turned surgery over to the surgeons, who received a +charter in 1605 by which barbers were excluded from all surgical +work except blood-letting and the drawing of teeth. Surgeons dealt +with skin disease, ulcers, hernia, bladder stones, and broken +bones, which they had some skill in setting. They performed +amputations, which were without antiseptics or anesthesia. +Internal operations usually resulted in death. Caesarian section +was attempted, but did not save the life of the mother. +Apprenticeship was the route to becoming a surgeon. A College of +Surgeons was founded. Students learned anatomy, for which they +received the corpses of four executed felons a year. + +The apothecaries and grocers received a charter in 1607, but in +1618, the apothecaries were given the sole right to purchase and +sell potions, and to search the shops of grocers and stop the sale +by them of any potions. In London, the apothecaries were looked +over by the College of Physicians to see that they were not +selling evil potions or poisons. In 1618 was the first pharmacy +book. + +There were three hospitals in London, two for the poor, and Bedlam +[Bethlehem] Hospital for the insane. Others were treated at home +or in the physician's home. + +Theaters were shut down in times of plague to prevent spread of +disease there. Towndwellers who could afford it left to live in +the country. + +Shakespeare wrote most of his plays. Most popular reading was +still Bibles, prayer books, psalm books, and devotional works. +Also popular were almanacs, which started with a single sheet of +paper. An almanac usually had a calendar; information on fairs, +roads, and posts; farming hints; popularized scientific knowledge; +historical information; sensational news; astrological +predictions; and later, social, political, and religious comment. +Many households had an almanac. Books tried to reconcile religion +and science and religion and passion or sensuality. Walter +Ralegh's "History of the World", written while he was in prison, +was popular. Ben Johnson wrote poetry and satiric comedies. +Gentlemen read books of manners such as James Cleland's +"Institution of a Young Noble Man (1607). In 1622, the first +regular weekly newspaper was started. + +Although there was a large advance in the quality of boys' +education and in literacy, the great majority of the people were +unable to read fluently. Since writing was taught after one could +read fluently, literacy was indicated by the ability to sign one's +name. Almost all gentlemen and professional men were literate. +About half the yeomen and tradesmen and craftsmen were. Only about +15% of husbandmen, laborers, servants, and women were literate. + +The royal postal system carried private as well as royal letters, +to increase income to the Crown. Postmasters got regular pay for +handling without charge the mail of letters that came from or went +to the letter office in London. The postmaster kept horses which +he let, with horn and guide, to persons riding "in post" at 3d. +per mile. The post was to travel 7 mph in summer and 5 mph in +winter and sound his horn four times in every mile or whenever he +met travelers. + +Wool and animals for butchering were sold in London with the +sellers' agent in London taking the proceeds and paying out to +their order, the origin of check writing. + +Scriveners drew up legal documents, arranged mortgages, handled +property transactions, and put borrowers in touch with lenders. +They and the goldsmiths and merchants developed promissory notes, +checks, and private paper money. + +The influx of silver from the New World was a major factor in the +second great inflation in England and in the devaluation of money +to about one third of what it had been. Also contributing to the +inflation was an outracing of demand over supply, and a debasement +of the coinage. This inflation benefited tenants to the detriment +of their lords because their rents could not be adjusted upward. + +There was an increase in bankruptcies. + +The Elizabethan love of madrigal playing gradually gave way to a +taste for instrumental music, including organs and flutes. The +violin was introduced and popular with all classes. Ballads were +sung, such as "Barbary Allen", about a young man who died for love +of her, after which she died of sorrow. When they were buried next +to each other, a rose from his grave grew around a briar from her +grave. The ballad "Geordie" relates a story of a man hanged for +stealing and selling sixteen of the king's royal deer. The ballad +"Matty Groves" is about a great Lord's fair young bride seducing a +lad, who was then killed by the Lord. In the ballad "Henry +Martin", the youngest man of three brothers is chosen by lot to +turn pirate to support his brothers. When his pirate ship tries to +take a merchant ship, there is sea fight in which the merchant +ship sinks and her men drown. The ballad "The Trees They Do Grow +High" tells of an arranged marriage between a 24 year old woman +and the 14 year old son of a great lord. She tied blue ribbons on +his head when he went to college to let the maidens know that he +was married. But he died at age 16, after having sired a son. + +May Day was a holiday with dancing around a Maypole and people +dressed up as characters such as Queen of the May, Robin Hood, +Little John, Friar Tuck, Maid Marion, the fool, and the piper. New +Year's Day was changed to January 1st. + +Golf was played in Scotland, and James introduced it into England. +James I was the last monarch to engage in falconry. + +Francis Bacon wrote the "Advancement of Learning" and "Novum +Organum" (New Learning) in which he encouraged the use of the +inductive method to find out scientific truths and also truths in +general, that is reasoning from a sample to the whole. According +to him, the only way to arrive at the truth was to observe and +determine the correlations of facts. He advocated a process of +elimination of ideas. His "New Learning" showed the way out of the +scholastic method and reverence for dogma into the experimental +method. He wrote "Natural and Experimental History". He also +studied the effect of cold in preventing animal putrefaction. + +Galileo Galilei, professor of mathematics at the University of +Padua in Italy, conducted experiments, e.g. throwing objects off +the tower of Pisa in 1590 to show that all, whether light or +heavy, fall at the same rate. This disproved the widely held +theory that heavier objects fall faster than light objects. He +proved that the force of gravity has the same effect on all +objects regardless of their size or weight. His law stated that +the speed of their descent increases uniformly with the time of +the fall, i.e. speed = gravity times time. Galileo determined that +a pendulum, such as a hanging lamp, swings back and forth in equal +intervals of time. For this he measured time with water running +out of a vessel. Also, the rate of oscillation varies inversely as +the square of their cord length, regardless of material or weight. +From his observation that an object sliding along a plane slows +down at a decreasing rate and travels increasingly farther as the +surfaces become smoother and more lubricated, he opined that the +natural state of a body in motion is to stay in motion, and that +it is slowed down by a force: friction. He conceived of the air +offering a resistant force to an object in motion. He expanded on +Aristotle's idea of an object in a state of rest or of uniform +motion in a straight line, so that the former is just a special +case of the latter. He opined that bodies at rest stay at rest and +bodies in motion stay in uniform motion, unless and until acted +upon by some force. So motion need not be explained by the +continuing force of a prime mover. He drew a graph of distance +versus time for the rolling ball, which indicated that the +distance traveled was a square of the time elapsed. He realized +that the movement of a projectile involved a horizontal and a +vertical component and guessed that the effects of falling were +independent of the horizontal motion. He demonstrated that a +projectile follows a path of a parabola, instead of a straight +line, and that it too descends a distance which is the square of +the time taken to fall. That is, a thrown object will strike the +ground in the same amount of time as an object simply dropped from +the same height. + +The telescope was invented in 1608. The next year, Galileo built a +greatly improved telescope using a lens to look at the skies. He +observed that the surface of the moon had mountains, valleys, and +craters much like the earth, and was illuminated by reflected +light. He noticed that the planet Jupiter has moons orbiting it. +He noted that the planet Venus progresses through phases similar +to those of the moon orbiting the earth and that it was very large +with a crescent shape or very small with a round shape. This +apparent change in size could only be explained if Venus revolved +around the sun, rather than around the earth. Thus more credence +was given to the Copernican theory that the earth and all planets +revolve around the sun, so Galileo was denounced by the church. He +argued against a literal interpretation of the Bible. His +observation that certain sun spots were on certain locations of +the sun but changed over time suggested that the sun might be +rotating. He observed that when air was withdrawn by a suction +pump from the top of a long glass tube whose lower open end was +submerged in a pan of water, the water rose to a height of 34 feet +and no higher. He had demonstrated that there was such a thing as +a vacuum, which was above the level of the water. About 1600, +Galileo invented the first thermometer by heating air at the top +of a tube whose open end was in a bowl of water; as the top end +cooled, the air contracted and water rose partway up the tube; the +column of water rose or fell with every change of temperature. +Galileo invented the compound refracting microscope, which used +more than one lens, about 1612. + +Galileo's book on the arguments for and against the Copernican +theory was unexpectedly popular when published in 1632. The +general public was so persuaded by the arguments that the earth +revolved around the sun that Papal authority felt threatened. So +Galileo was tried and convicted of heresy and sentenced to prison +as an example to others who might question church doctrine, even +though the seventy year old Galileo recanted and some of the +inquisition judges who convicted him believed the Copernican +theory and their decision did not assert the contrary. + +John Napier, a large Calvinist landholder in Scotland who had +built his own castle, did mathematics in his older years. He +explored imaginary numbers such as the square roots of negative +numbers. By 1614, he had started and developed the theory of +logarithms: the relationships among positive and negative +exponents of numbers. This simplified calculations because the +multiplication and division of numbers would be equivalent to +addition and subtraction of their exponents. His table of +logarithms, which took him twenty years to compile, was used in +trigonometry, navigation, and astronomy. It reduced the enormous +labor involved in trigonometric calculations. + +Johannes Kepler was a mathematician from Germany who made his +living as an astrologer. He was in contact with Galileo by letter, +as most scientists of Europe were with each other. Kepler was +fascinated with perfect geometric shapes, which he tried to relate +to celestial phenomenon. He discerned that the orbit of Mars was +not perfectly circular. He knew that the apparent path of the sun +with respect to the constellation of fixed stars differed in speed +at different times of the year. He opined that this showed that +the speed of the earth revolving around the sun varied according +to the time of year. Then he measured the angles between the earth +and the sun and the earth and Mars as they changed through the +Martian year. He noted when the earth, Mars, and the Sun were on +the same straight line. Then he deduced the earth's true orbit, +and from this the true orbits of the other planets. Then by trial +and error, he attempted to match this empirical data with regular +mathematically defined shapes, until he discovered in 1609 that +these paths were elliptical. Also, the planets each move faster +when they are nearer the sun and more slowly when they are farther +from the sun so that in equal time intervals, a line from the +planet to the sun will sweep out equal areas. This observation led +him to opine that there is a force between the sun and each +planet, and that this force is the same as that which keeps the +moon in its orbit around the earth. Thirdly, in 1619, he found +that the square of the time for each planet's orbit about the sun +is proportional to the cube of that planet's mean distance from +the sun, so that the farther planets orbit at a slower speed. He +connected the earth's tides with the gravitational pull of the +moon. Kepler also confirmed that the paths of comets were governed +by a law and were farther from the earth from the moon. This +contradicted the church's explanation that what lies within the +moon's orbit pertains to the earth and is essentially transitory +and evil, while what lies beyond belongs to the heavens and is +permanent and pure. + +In 1637, Renee Descartes, a philosopher, mathematician, and +scientist from France, invented analytic [Cartesian] geometry, in +which lines and geometric shapes can be described by algebraic +equations and vice-versa. An algebraic equation with two unknowns, +or variables, could be represented as a shape on a coordinate +system in which each point is represented by a pair of numbers +representing distances from the two axis lines. He started the +convention of representing unknown quantities by x, y, and z and +known quantities by a, b, and c. So, for instance, a circle with +center at point 2,3 and a radius of 4 was represented by the +equation: (x-2) squared + (y-3) squared = 4. All conic sections, +e.g. ellipses, parabolas, and hyperbolas, could be represented by +equations. Analytic geometry aided in making good lenses for +eyeglasses. The glass was first manufactured with attention to +quality. Then, after it cooled and solidified, the clearest pieces +were picked and their surfaces ground into the proper curvature. +Descartes pioneered the standard exponential notation for cubes +and higher powers of numbers. He formulated the sine-law of +refraction, which determines in general the way a light ray is +deflected, according to the density of the media through which it +passes. This explained why a rainbow is circular. In 1644, he +described the universe in terms of matter and motion and suggested +that there were universal laws and an evolutionary explanation for +such. He opined that all effects in nature could be explained by +spatial extension and motion laws that 1) each part of matter +retains the shape, size, motion, or rest unless collision with +another part occurs; 2) one part of matter can only gain as much +motion through collision as is lost by the part colliding with it; +and 3) motion tends to be rectilinear. These ideas did not +correlate with the Biblical notion of the creation of the universe +by God in seven days, so Descartes feared persecution by the +church. Descartes believed in a good and perfect God, and thought +of the world as divided into matter and spirit. The human mind was +spirit and could exist outside the human body. The human mind had +knowledge without sense experience, e.g. the truths of mathematics +and physics. Ideas and imagination were innate. His observation +that sensory appearances are often misleading, such as in dreams +or hallucinations, led him to the conclusion that he could only +conclude that: "I think, therefore I am." He rejected the doctrine +that things had a proper behavior according to their natures, e.g. +the nature of acorns is to develop into oak trees. As an example +of erroneous forming of conceptions of substance with our senses +alone, he pointed out that honeycomb has a certain taste, scent, +and texture, but if exposed to fire, it loses all these forms and +assumes others. He expressed that it was error to believe that +there are no bodies around us except those perceivable by our +senses. He was a strong proponent of the deductive method of +finding truths, e.g. arguing logically from a very few self- +evident principles, known by intuition, to determine the nature +of the universe. + +Christian Huygens, a Dutch physicist, used the melting and the +boiling point of water as fixed points in a scale of measurements, +which first gave definiteness to thermometric tests. + +In 1600 William Gilbert, son of a gentleman, and physician to +Queen Elizabeth, wrote a book on terrestrial magnetism which +founded the science of electricity. He cultivated the method of +experiment and of inductive reasoning from observation and +insisted on the need for a search for knowledge not in books but +in things themselves. He showed that the earth was a great magnet +with a north pole and a south pole, by comparing it to loadstones +made into spheres in which a north and south pole could be found +by intersecting lines of magnetism indicated by a needle on the +stone. The vertical dip of the needle was explained by the +magnetic attraction of the north pole. He showed how a loadstone's +declination could be used to determine latitude at sea. He showed +how the charge of a body could be retained some time by covering +the body with some non-conducting substance, such as silk. He +distinguished magnetism from electricity, giving the latter its +name. He discovered that atmospheric conditions affected the +production of electricity, dryness decreasing it, and moisture +increasing it. He expounded the idea of Copernicus that the earth +revolves around the sun in a solar system. However, the prevailing +belief was still that the earth was at the center of the universe. + +There was much mining of coal, tin, copper, lead, and iron in the +1600s. Coal was transported from the coal pits down to the rivers +to be loaded onto ships on coal wagons riding on wooden rails. The +full coal cars could then be sent down by gravity and the empty +wagons pulled up by horses. Sheet metal, e.g. lead, was used for +roofing. Coal was much used for heating houses, and for laundry, +cooking, and industrial use, such as extraction of salt, soap +boilers, and manufacture of glass, bricks and tiles for buildings, +anchors for ships, and tobacco pipes. It was used in the trades: +bakers, confectioners, brewers, dyers, sugar refiners, coopers, +starch makers, copper workers, alum makers, and iron workers. + +In 1604 the Haberdashers, who sold imported felt for hats, got a +charter of incorporation. + +A tapestry factory was established in 1619. + +Flax-working machines came into existence. + +As Attorney General, Edward Coke was impassioned and melodramatic. +He once described the parts of the penalty of treason as follows: +being drawn to the place of execution reflected the person's not +being worthy any more to tread upon the face of the earth; being +drawn backward at a horse tail was due to his retrograde nature; +being drawn head downward on the ground indicated that he was +unfit to breathe the common air; being hanged by the neck between +heaven and earth indicated that he was unworthy of either; being +cut down alive and his privy parts cut off and burnt before his +face indicated he was unworthily begotten and unfit to leave any +generation after him; having his bowels and inners taken out and +burnt indicated he had inwardly conceived and harbored such +horrible treason; his head cut off, which had imagined the +treason, and his body to be quartered and the quarters set up to +the view and detestation of men a prey for the fowls of the air. +Coke was subsequently elevated to the position of Chief of Common +Pleas and then to Chief of the King's Bench. But there Coke +propounded a doctrine of the supremacy of the law over the king as +well as over Parliament. For instance, Coke would not agree to +stay any case in which the king had a concern in power or profit, +to consult with him. But the other eleven justices did agree. +Since James I believed in the divine right of kings, he therefore +dismissed Coke from his position as Chief Justice of the King's +Bench. James even believed that he could suspend any law for +reasons known only to him and issue proclamations that were not +limited to the reinforcement of old laws, but made new offenses +with punishment of fine and/or imprisonment. + +Coke then became a member of Parliament and led the Commons, where +he exalted the authority of Parliament vis a vis the king; that +is, the king could not make any changes in law, religion, or +taxation without consent of Parliament. James arrested Coke and +two other members of the Commons and put its leader John Pym under +house arrest for their outspoken opinions against the King's +intended alliance with Catholic Spain and intended taking of a +Spanish wife. Because of the deadlock that developed between the +king and Parliament, certain matters could not be addressed by +legislation and were left to be decided judicially. This made +judicial review important. + +James vastly increased the number of peerages, selling many, for +example for 10,000 pounds. Since there was a tacit understanding +that members of Parliament would not accept remuneration, this +restricted eligibility for membership to the rich. The House of +Commons was composed mostly of attorneys, merchants from the large +towns, and country gentlemen. The gentry members had 600 pounds +[12,000s] annual income from land and the burgess members had 300 +pounds [6,000s.] In addition to the two knights from every county +(elected by men holding at least forty-shilling freeholds), four +representatives from London, and one or two from every other +borough (generally elected by the top business families), there +was a representative from each of the two universities. For +Speaker, they always chose someone suggested to them by the Crown. +He decided who would talk and could hasten or delay bills, usually +for the benefit of the Crown. The Clerk, a lifetime appointment of +the Crown, wrote out the bills and their amendments and kept track +of proceedings. Many in the Commons were Puritan in sympathy. In +1607, the House of Commons developed a committee system to avoid +being presided over by the royally designated speaker. A committee +could consist of all the members of the House of Commons with an +elected chairman. An increasing number of issues were discussed in +committee before coming to the Commons and the Commons came to +ratify readily what had been done in committee. + +By 1610, there had developed in the House of Commons an opposition +to feudal tenures, purveyance, wardships, and impositions (special +import and export duties on aliens set by the king without the +consent of Parliament that were supposed to be for the purpose of +regulating trade instead of for revenue). There was also a call +for free speech and an end to the King's habit at the end of +Parliament of imprisoning for a time those who had been too +outspoken. The Commons also asserted itself into foreign affairs +by expressing an opinion against a treaty proposed by the king on +which war could ensue. The treaty was abandoned. In London, +organized groups such as the apothecaries, the skinners, and the +grocers, were circulating printed statements of their cases to +members of committees of the House of Commons rather than just +seeking out a friendly Privy Council member. In 1621, the protests +made to committeemen about monopolies sold by James frightened him +into canceling many of them. He had made many grants against +competition in violation of law. The right of the Commons to expel +a member was asserted by the expulsion of a monopolist. By 1629, +the speeches of prominent members and the course of proceedings +were copied by stationers and sold in a weekly news report. + +The King's Privy Council dealt constantly with foreign affairs, +and also with the great companies, and problems arising such as +gold leaving the country, the Dutch ships increased efficiency in +transporting goods, the declining market for English cloth, +strikes in the mining industry, decaying harbor works, the quality +of food and drink, the wrongs done to the poor, and above all, the +general peace and order. They formed commissions to study +situations and sent orders to Justices of the Peace on methods to +address certain problems and to Sheriffs to carry out certain +acts. About 1618, a group within the Privy Council began to +concentrate on foreign affairs, especially "cabinet counsels", +that is, with secret matters. James sold high offices of state to +supplement his income. His income from customs had increased so +much that it was now three times that from Crown lands. + +The Sheriff looked after Crown lands and revenues in his county. +He gathered the rents, the annuities, the stray animals, the +deodands, the fees due to the King, the goods of felons and +traitors. He was still a means of communication between the Privy +Council and the county. He announced new statutes of Parliament +and proclamations by the king at the county courts and in the +markets. He used posse comitatus to disperse riots. He was the +functionary of the assize court, impaneling its juries, bringing +accused men before it, and carrying out its penalties. He carried +out elections of members of the House of Commons. + +There were two high constables for each hundred. They were chosen +by the Justices of the Peace at quarter sessions, and were usually +small gentry or well-to-do yeomen. They were the intermediaries +between the justices and the petty constables. The petty constable +was the executive official of the village. He was usually elected +by the suitors to the leet court of the manor for a year. He might +be a farmer, an artisan, a carpenter, a shoemaker, or many times a +tradesman, a butcher, or baker. He often visited the alehouse to +learn of any trouble in the making. He would intervene in quarrels +and riots and tell the participants to desist in the King's name. +If they didn't, he could call on all bystanders to help him "force +a quiet". He had to lead the rioters and causers of injuries to +others, hold them there until he could bring him before the +nearest justice. He would inform the justice of plots to trespass +or forcibly enter land to take possession. He saw to it that no +new cottages were built in the villages without due authority. He +supervised markets and inns. He reported lapses of care for +apprentices by their masters to the justice. At harvest time, he +called upon all able bodied persons to assist and punished those +who didn't respond by putting them in the stocks or fining them +forty shillings. He arrested and whipped vagrants and sturdy +rogues and sent them back to their place of birth through +constables on the way. If a horse was stolen, he raised the hue +and cry to all neighboring constables. He made inquiry into the +paternity of the coming child of an unmarried pregnant girl to +make him take responsibility for the child and pay her 8d. a week +lest it fall into the responsibility of the village. In a town, he +might have watchmen to help him see that the streets were peaceful +at night. The constable assisted the Justice of the Peace, the +high constable, and the Sheriff. He pressed men into military +service. He collected taxes for the Sheriff and collected the +money for purveyance, the money for the poor, maimed soldiers, and +various kinds of prisoners, which the parish had to pay. He was +often the spokesman for the village in village concerns, such as +too many alehouses, brought to the attention of justices at +quarter sessions. The constable and churchwardens together +collected money for the parish, looked after the needy, and kept +in close touch with the overseers of the poor, who cared for the +sick and old, found work for the idle, took charge of bastards, +apprenticed orphan children, and provided supplies for the +workhouse. + +In 1609 the East India Company was given a monopoly by the Crown +that was indefinitely long as long as it was profitable to the +realm in the King's opinion. Interlopers were to forfeit their +ships and goods, one-half to the Company and one-half to the +Crown. Monopoly status made the Company competitive with the Dutch +and Portuguese monopoly companies. The Crown received a gift or a +loan from the Company in return. At first, the Company raised +capital for each separate voyage. But voyages tried to undercut +each other and rival factions squabbled over cargoes. So the +company then raised a "terminable joint-stock" for a period of +years. The first of these was issued in 1613-16 and financed a +fleet every year for four years. Subscriptions were called in by +yearly installments and dividends paid out yearly. The voyage of +1613 brought shareholders a profit equivalent to about 11% a year. +By 1620, the Company operated thirty to forty "tall ships", many +built in its own dockyards. These dockyards were so +technologically advanced that they were daily viewed by visitors +and ambassadors. Here, besides wet and dry docks, there were +timber yards, a foundry and cordage works for supplying the ships' +hardware and a bakery and saltings for their provisioning. More +than 200 craftsmen were directly employed in the yard. Overall the +company was one of London' largest employers. + +In 1606, the first charter of the Virginia Company was issued for +trading purposes. It gave the settlers "all liberties, franchises, +and immunities" they had in England. To oversee this colony, the +Crown appointed a council. Virginia established the Episcopal +Church by law. It became a joint-stock company in 1609. But +exports were few (timber, soap ashes, pitch, tar, and dyes) for +several years, and then tobacco emerged as a source of profit. +King James imposed a heavy duties on imported tobacco because it +corrupted man's breath with a stinking smoke. + +In 1607, the Muscovy Company, hired Henry Hudson to find a +northwest passage through North America to the Pacific Ocean. + +Life was difficult for Puritan Separatists, who wanted to separate +from the established church. They were imprisoned and their houses +were watched day and night for illegal meetings. In 1620, after +trying Holland and when there was a depression in England, a few +Puritan Separatists, along with other pilgrims, left for Virginia +in the Mayflower, but landed in New England and founded Plymouth +Colony. They were led by William Bradford and William Brewster, +their spiritual leader. They planted fields and made friends with +the Indians. In 1621, they secured a patent to the merchants and +planters together for a voluntary joint-stock company in New +England. Later, it became the self-governing Massachusetts Bay +Colony. + +The canons of the church of 1604 provided for excommunication for +anyone who propounded that the king did not have the same +authority in ecclesiastical matters as the godly kings among the +Jews and Christian emperors in the primitive church, that the +Church of England was not a true and apostolic church, that +worship according the Book of Common prayer and administration of +sacraments was corrupt or superstitious, or that other methods of +the church were wicked, unchristian, or superstitious. + +Church sanctuary was abolished for those accused of criminal +offenses because it had been abused by thieves paying their rent +by thieving at night. It remained available to those accused of +civil offenses. + + + + - The Law - + +Churchwardens of every parish shall oversee the poor in their +parish. They shall, with consent of the Justices of the Peace, set +to work children whose parents cannot maintain them and also set +to work married or unmarried persons who have no trade and no +means to maintain themselves. Churchwardens shall tax every +inhabitant, including parson and vicar and every occupier of land +and houses as they shall think fit. There will be a convenient +stock of flax, hemp, wool, thread, iron and other necessary ware +and stuff to set the poor on work. There will be competent sums of +money for the relief of the lame, impotent, old, blind, and others +not able to work, and also for the putting out of children to be +apprentices. Child apprentices may be bound until 21 years of age +or until time of marriage. They shall account to the Justices of +the Peace for all money received and paid. The penalty for absence +or neglect is 20s. If any parish cannot raise sufficient funds, +the Justices of the Peace may tax other nearby parishes to pay, +and then the hundred, and then the county. Grandparents, parents, +and children of every poor, old, blind, lame, or impotent person +not able to work, being of sufficient ability, shall at their own +charge, relieve and maintain every such poor person in that manner +and according to that rate as Justices of the Peace of that county +determine, or forfeit 20s. per month. Two Justices of the Peace +may commit to gaol or house of correction persons refusing to work +and disobedient churchwardens and overseers. The overseers may, +with the consent of the lord of the manor, build houses on common +or waste land for the poor at the expense of the parish, in which +they may place more than one family in each houses. + +Every parish shall pay weekly 2-10d. toward the relief of sick, +hurt, and maimed soldiers and mariners. Counties with more than +fifty parishes need pay only 2- 6d. The county treasurer shall +keep registers and accounts. Soldiers begging shall lose their +pension and shall be adjudged a common rogue or vagabond subject +to imprisonment and punishment. + +Sheriffs summoning defendants without a writ shall pay 200s. and +damages to the defendant, and 400s. to the King. + +Persons stealing crops from lands or fruit from trees shall be +whipped. + +Since administrators of goods of people dying intestate who fail +to pay the creditors of the deceased often can't pay the debts +from their own money, the people (who are not creditors) receiving +the goods shall pay the creditors. + +Every person shall receive the holy communion in church at least +once a year or forfeit 20 pounds for the first year and 40 pounds +for the second year, and threescore pounds for every year after +until he takes the said sacrament. + +No person convicted of Catholicism may practice the common law as +a counsellor, clerk, attorney, or solicitor, nor may practice +civil law as advocate, or proctor, nor shall be justice, minister, +clerk, or steward in any court, nor practice medicine, nor perform +as apothecary, nor be officer in a town, in the army, or navy, or +forfeit 100 pounds. Nor may they be administrators of estates, or +have custody of any child as guardian. Nor may they possess any +armor, gunpowder, or arms. Nor may anyone print or import Popish +books rosaries, or forfeit 40s. + +No merchant may dress black rabbit skins, nor export them, unless +dressed by skinners and bought from them because the skinners have +been thus deprived of their livelihoods to their impoverishment +throughout the realm. + +Beer may be exported when malt is at 16s. per quarter because +exporting beer instead of barley and malt will (1) increase the +export tax to the King, (2) increase income for coopers and +brewers, and (3) provide more jobs in transporting beer, which is +more voluminous, to the great comfort of the port towns. + +Spawning and growing fish in harbors may not be taken by any nets +or weirs because this practice has hurt fishermen and the realm. + +London may make a trench to bring water to the north part of the +city and shall compensate the owners of lands by agreement with +them of an amount or an amount determined by commissioners. + +Actors profaning God, Jesus, or the Holy Ghost on stage are to be +penalized 200s. + +No one shall sell beer or ale to an unlicensed alehousekeeper +because abuses there have become intolerable. + +Every person convicted of drunkenness shall be penalized 5s. or +else placed in the stocks for six hours, because the loathsome and +odious sin of drunkenness has grown into common use lately and it +is the root of many other sins, such as bloodshed, stabbings, +murder, swearing, fornication, and adultery, and is detrimental to +the arts and manual trades and diverse workmen, who become +impoverished. Offenders convicted a second time shall be bound +with two sureties to the sum of 200s. + +No person at least 18 years of age may be naturalized or restored +in blood after being attainted unless he takes the sacrament and +the Oath of Supremacy [of the king over the church of England], +and Oath of Allegiance [to the king]. + +Money given by will for the apprenticeship of poor children shall +be managed by incorporated towns and unincorporated parishes. +Masters receiving such apprentices shall become bound with +sufficient sureties. + +Houses of correction shall be built in every county. + +Lewd women, having bastards, chargeable to the parish, shall be +committed to the house of correction to be punished and set to +work for one year. + +Persons deserting their families shall be deemed incorrigible +rogues and punished as such. + +Persons such as sorters who purloin or embezzle wool or yarn +delivered to them by clothiers and the receivers thereof, knowing +the same, shall recompense the party grieved or else be whipped +and set in the stocks. + +All hospitals and abiding places for the poor, lame, maimed, and +impotent persons or for houses of correction founded according to +the statute of Elizabeth shall be incorporated and have perpetual +succession. + +Only lands and hereditaments paying rents to the Crown within the +last sixty years shall be claimed by the Crown; the title of all +persons and corporation who have enjoyed uninterruptedly against +the Crown for the last sixty years are confirmed against the +Crown. + +A seminal patent-protection law was passed in 1624. It stated that +all monopolies to any person or persons, bodies politic or +corporate for the sole buying, selling, making, working, or using +of anything within the realm are void. This does not include +London or towns. Parties aggrieved by such may recover treble +damages in the superior courts, with double costs. Excepted are +existing patents, for 21 years or less, for new inventions and for +future patents for 14 years or less. Excepted also are patents for +printing or making saltpeter, gunpowder, shot or ordinance, etc.; +patents concerning allum mines or Newcastle coal or glass making +or export of calves' skins or making smalts [deep-blue pigment or +glass] or melting iron ore; grants of office; and licenses for +taverns. + +Because benefit of clergy is not allowed to women convicted of +felony by reason whereof many women suffer death for small causes, +any woman convicted for the felonious taking of any money, goods +or chattels greater than 12d. and less than 10s. other than +burglary or robbery on the highway or from the person of any man +or woman without their knowledge, shall be branded and marked in +the hand upon the brawne of the left thumb with a "T" and +imprisonment, whipping, stocking, or sending to the house of +correction for a year or less. + +No one may take more than 8% interest on loans because 10% has +caused many, including gentry, merchant, farmer, and tradesman, to +sell their land and forsake their trade to pay their debts. + +Mothers concealing the death of a bastard baby shall suffer as for +murder, unless one witness proves the child was born dead. + +Papists running a school must forfeit 40s. a day for such. Anyone +conveying a child beyond the seas to be educated in popery may not +sue in the courts, may not hold any office, and shall forfeit 100 +pounds and all lands. But the child returning may have his family +lands restored to him if he receives the sacrament of the lord's +supper in the established church after reaching 18 years of age. + +In 1604 it was decided that it was not necessary to prove +witchcraft caused the death of a person for there to be punishment +for it. All that was necessary now was the practice of witchcraft. +The punishment was death by hanging. Also, consulting or feeding +an evil spirit was felony. + +As Attorney General, Coke introduced the crime of "seditious +libel" in a case before the Star Chamber in 1606. These written +slanders or libels were viewed as incitements to disorder and +private vengeance. Because the tendency to cause quarrels was the +essence of the crime, the truth of the libel was not a defense, +but might be an aggravation of criminality. + +Edward Coke, former Chief Justice of both the Court of Common +Pleas and Court of the Queen's Bench, wrote his Reports on court +cases of all kinds through forty years and his Institutes on the +law, in which he explained and systemized the common law and which +was suitable for students. This included a commentary and update +of Littleton, published in 1627; old and current statutes; a +description of the criminal law; and lastly an explanation of the +court system, the last two published in 1644. Coke declared that +"a man's house is his castle". + +Coke waged a long battle with his wife over her extensive property +and the selection of a husband for their daughter. In his +institutes, he described the doctrine of coverture as "With +respect to such part of the wife's personality as is not in her +possession, as money owing or bequeathed to her, or accrued to her +in case of intestacy, or contingent interests, these are a +qualified gift by law to the husband, on condition that he reduce +them into possession during the coverture, for if he happen to +die, in the lifetime of his wife, without reducing such property +into possession, she and not his representative will be entitled +to it. His disposing of it to another is the same as reducing it +into his own possession." He further states that "The interest of +the husband in, and his authority over, the personal estate of the +wife, is, however, considerably modified by equity, in some +particular circumstances. A settlement made upon the wife in +contemplation of marriage, and in consideration of her fortune, +will entitle the representatives of the husband, though he die +before his wife, to the whole of her goods and chattels, whether +reduced into possession or not during the coverture. ... A +settlement made after marriage will entitle the representative of +the husband to such as estate in preference to the wife. ... A +court of equity will not interfere with the husband's right to +receive the income during the coverture, though the wife resist +the application." + + + + - Judicial Procedure - + +Defendants may not petition to remove a case to the Westminster +courts after a jury is selected because such has resulted in +unnecessary expense to plaintiffs and delay for defendants in +which they suborn perjury by obtaining witnesses to perjure +themselves. + +In 1619, by the writ of quo warranto, a government office or +official could be made to explain by what right he performed +certain acts. + +James I asserted an authority to determine the jurisdiction +between the various courts. + +The Court of High Commission heard mostly matrimonial cases, but +also moral offences both of clergy and laity, and simony, +plurality, drunkenness, and other clerical irregularities. + +The Star Chamber Court still was primarily directed against force +and fraud and defended the common people from over-mighty lords +and over-pliable Justices of the Peace, for instance by deterring +enclosure. It also enforced monopolies. However, there was a +growing tendency for King James, who sat on it, to abuse its power +with high fines. A lord accused with foul language by a huntsman +of following hounds of a chase too closely threatened to use his +horse whip on the huntsman's master when the huntsman threatened +to complain to his master. The lord was fined 10,000 pounds. +James' council used torture to obtain information from accused +felons about possible conspiracies against him. + +The ordinary administrative court of first instance is formed by +the single Justices of the Peace, who issue orders regarding +public safety, order, public morals, health, the poor, highways, +water, fields, forests, fisheries, trade, building, and fire, and +particularly begging and vagrancy as well as regulations of wages, +servants, apprentices, and day laborers. For more important +resolutions, the special sessions of the Justices of the Peace of +a hundred for a court of intermediate instance and appointed +overseers of the poor. All Justices of the Peace were present at +the quarter sessions, which were held at least four times a year, +and are primarily a court of appeal from penal sentences, but also +make the county rate, appoint county treasurers and county prison +and house of correction governors, regulate prices and wages, +settle fees of county officials, grant licenses for powder mills, +and register dissenting chapels. It heard appeals expressly +allowed by statute. The central courts also heard appeals by writ +of certiorari as to whether an administrative act was in +accordance with existing law, whether the court is competent, and +whether the administrative law has been rightly interpreted. This +writ of certiorari ceased in the 1700s. + +Justices of the Peace who have the power to give restitution of +possession to tenants of any freehold estate of their lands or +tenements which have been forcibly entered and withheld, shall +have like power for tenants for term of years, tenants by copy of +court roll, guardians by knight service, tenant by elegit statute +merchant and staple of lands or tenements. + +The Justices of the Peace were chosen by the Crown, usually by the +Chancellor. The qualifications were residence in the county, +suitability of moral character, religious uniformity, and the +possession of lands or tenements with twenty pounds a year. They +were almost exclusively country gentlemen, except in the towns. In +the corporate towns, the mayor, bailiff, recorder, and senior +aldermen were ex officio [by virtue of the office] Justices of the +Peace. Their main duty was to keep the peace. If a justice heard +of a riot in the making, he could compel individuals at the place +to give bonds of good-a-bearing and cause a proclamation to be +made in the King's name for them to disperse. Two justices or more +had the authority to arrest the rioters and send a record of it to +the assizes and to the Privy Council. If the riot had taken place +before their arrival, they could make an inquiry by a jury and +certify the results to the King and his Council. The justices had +men brought before them on many kinds of charges, on their own +summons, or on initiative of the petty constable. They tried to +draw these men into confession by questioning. After indictment, a +person had the choice of a petty jury trial or paying a fine. The +Justices of the Peace could insist upon presentment juries or +surveys of offenses by local officers, but, without the +institution of policemen, not many crimes were prosecuted because +victims were unwilling or could not afford to initiate judicial +action. Their unwillingness was partly due to the severity of +penalties, e.g. death for the theft of over 12s. and whippings and +fines for misdemeanors. Further, the offender was frequently a +neighbor with whom one would have to live. Mediation by the local +constable often took place. When there an outbreak of lawlessness +in an area, a commission might be set up especially for that area +to enforce the law. + +Assault cases were common in courts of assize and courts of +quarter sessions. The quarter sessions were those of a number of +Justices of the Peace held for a couple of days four times a year +for the more important cases in the jurisdiction of the Justices +of the Peace. Assault was violence or threat of imminent violence. +Fines were graduated according to the means of the offender, who +was usually bound over to keep the peace. Most involved offenders +and victims who were neighbors and included people of substantial +standing in the village. Also, a sizable minority were directed +against local officers such as constables, bailiffs, or tax- +collectors. + +Three-fourths of all assize indictments and many quarter-sessions +indictments were for various types of theft, including petty +larceny, grand larceny, housebreaking, burglary, sheep stealing, +and robbery. These offenses were mostly opportunistic rather than +planned, except for London's underworld of professional thieves +and the cutpurses of country markets and highway robbers on lonely +roads. There were substantial peaks in theft in periods of harvest +failure and industrial depression, especially by vagrants. But +most of the poor never stole. + +The Justices of the Peace usually deferred to the learned Justices +of Assize for cases of felony, murder, rape, highway robbery, and +witchcraft. Most homicides were the result of an impassioned +argument leading to blows inflicted by nearby commonplace items +picked up and used as weapons. Only 18% of homicides were within +the family. Men were still declared outlaw if they failed to come +to court after repeated summons. + +The Lord Keeper regularly advised the assize justices, before each +circuit departure, to relieve the poor, supply the markets, +maintain the roads (which were frequently impassable in winter for +wagons or coaches), enforce church attendance, suppress +superfluous and disorderly alehouses, and put down riots, +robberies, and vagrancy, and in times of dearth, to suppress +speculation in foodstuffs, prevent famine, and preserve order. In +fact, the justices were most attentive to offenses which affected +them as rate payers for the poor. These were offenses against +cottaging laws (e.g. erection of cottages which lacked the +statutory four acres of land), harboring of "inmates", disputes of +settlement of paupers, bastardy, vagrancy, church nonattendance, +and above all, disorderly alehouses. Alehousing had been a well- +established means of poor employment since the 1200s, so it was +hard to enforce licensing laws. Further, alehouses were the +centers of social life for the common people; both women and men +met their friends there. If an attorney or solicitor delays his +client's suits to work his own gain or over charges his client, +the client can recover his costs and treble damages and the +attorney and solicitor shall be disbarred. None may be admitted to +any court of the king but such as have been brought up in the same +court or is otherwise well-practiced in soliciting of causes and +has been found by their dealings to be skillful and honest. An +attorney who allows another to use his name shall forfeit 400 +shillings and be disbarred. + +Offenders shall pay the charge of their own conveyance to gaol or +the sum shall be levied by sale of their goods so that the King's +subjects will no longer be burdened thereby. + +Plaintiffs' costs shall be paid by the defendants where there is a +judgment against the defendant in all actions in which the +plaintiff is entitled to costs on judgment for him, to discourage +frivolous and unjust suits. + +By 1616, Chancery could order injunctions to stop activities. + +In Slade's case of 1602, the Court of the Queen's Bench held that +assumpsit may be brought in place of the action of debt. So +assumpsit supplants debt for recovering liquidated sums and is +then called "indebitatus assumpsit". + +A statute of 1623 gave rights for adverse possession. It provided +that all writs of formedon [right to land by gift of a tail] in +descender, formedon in remainder, and formedon in reverter for any +manors, lands, tenements, or hereditaments shall be sued within +twenty years, for the quieting of men's estates and avoiding of +suits. In default thereof they shall be excluded from such entry +except children under 21 years, women-covert, non compos mentis, +imprisoned or overseas shall have an additional 10 years after +their disability ceases if the 20 years have expired. The +limitation for bringing actions on the case (except slander), +account, trespass, replevin, debt, detinue for goods and chattels +and the action of trespass, quare clausum fregit [damages for +unlawful entry on land], is within 6 years; for trespass of +assault, battery, wounding, imprisonment is within 4 years; and +for actions upon the case for words is within 2 years. + +The trial of Sir Walter Ralegh in 1603 began a call for a right to +confront and question one's accusers. Before trial, privy +counselors who in theory sat as impartial justices, cross-examined +Ralegh in prison. With a carefully selected jury present, the +trial began with reading of the indictment, which Ralegh had not +yet seen. He was charged with treason in plotting with Catholic +Spain to put Arabella Stuart on the throne. Arabella was to write +to Spain promising peace, toleration of Catholics in England, and +direction by Spain in her marriage choice. He pled not guilty and +took no exception to any jurors, stating that he knew them all to +be honest men. Next, Attorney General Edward Coke, his enemy and +rival, and he engaged in a debate about who was right, with Coke +outright bullying him. Coke then produced a signed confession by +Lord Cobham that implicated him in the alleged conspiracy and +accepting 10,000 crowns for his part. Ralegh was given permission +to speak. He said that Cobham had retracted his confession. He +ridiculed the idea that he would betray England to Spain for gold +after fighting against Spain, including risking his life three +times, and spending 4,000 pounds for the defeat of Spain. He +pointed to a treatise he had written to the king on the present +state of Spain and reasons against peace. Then there was a +discussion on the validity of Cobham's confession. Cecil gave an +oration of Ralegh. Coke gave a speech. Ralegh asked to have his +accuser brought before him face to face. He cited law that two +witnesses were necessary for a conviction for treason. Chief +Justice Popham replied that only one witness was necessary under +common law, which applied to his case, and that the trial was +properly by examination of the defendant. Coke added that it would +be improper to call Cobham because he was a party. Then Coke +surprised Ralegh with a letter from Cobham stating that Ralegh had +asked Cobham to procure him an annual pension of 1500 pounds from +Spain for disclosing intelligence. Ralegh acknowledged that a +pension was offered, but denied that he had ever intended to +accept it. He admitted that it was a fault not to inform +authorities of this offer. The jury deliberated for fifteen +minutes and returned with a verdict of guilty. The Chief Justice +delivered the sentence for treason: drawing, hanging, +disembowelling, beheading, and quartering. The whole trial was not +so much to access guilt, but to show the general public that the +person was guilty. + +Church courts were revived after a period of disuse. They could +annul an unconsummated or legally invalid marriage (e.g. +consanguinity, impotence, a witnessed precontract to marry) and +order judicial separations in case of adultery, cruelty, or +apostasy. Annuled marriages made a person's children illegitimate. +An action at common law for "criminal conversation" [adultery] +with the plaintiff's spouse or for assault and battery could +result in an order for separation. But only a private statute of +Parliament could grant a divorce, which allowed remarrige. It was +granted in only a few cases and only to the very wealthy. Church +officials spied upon people's conduct to draw them into their +courts and gain more money from the profits of justice. + +In 1610, Edward Coke, Chief Justice of the Court of Common Pleas, +decided that the statute giving the Royal College of Physicians +power to imprison and fine those practicing without a license was +invalid and unenforceable because it gave the college half of each +fine awarded, which was a conflict of interest with its role as an +adjudicator. Coke said that a maxim of the common law was that no +man ought to be judge in his own cause. By this decision, he +asserted a court supremacy over Parliament with respect to the +validity of statutes. He opined that the courts should not only be +independent of the Crown, but should act as arbiter of the +Constitution to decide all disputed questions. In his words, "When +an Act of Parliament is against common right and reason, the +common law will control it and adjudge such Act to be void." + +Justices still explained and in some degree interpreted +legislative acts of Parliament as they had since the 1500s, but +their right to do so was coming into question and was slowly lost. + +Female scolds were still dunked into water as punishment. + +Only barristers, who were called to the bar after being in long +residence in one of the Inns of Court, could practice before the +King's court. Attorneys and solicitors prepared cases for +barristers and practiced before minor courts. + +The king appointed the justices, with the advice of the +Chancellor. James I often intimidated the justices to see things +his way. + +The oath of a justice was: "Well and and truly ye shall serve the +King and his people. And ye shall take no fee or livery of none +but the King, nor gift or reward of none that hath a do before you +except it shall be meat or drink of small value, as long as the +plea hangs before you. And ye shall do equal law and execution of +Right to all the King's subjects rich and poor, without regard to +any person. Ye shall counsel our Sovereign Lord the King in his +need. And ye shall not delay any person of common right for the +letters of the King or of any person or for any other cause ... So +help you God." + +The courts of King's Bench and Common Pleas, and the Chancery all +met simultaneously in Westminster Hall. Throngs passed up and down +the middle aisles between the courts, including booksellers, +stationers, scriveners, and vendors of bread and hot meat. The +hall was so cold that people kept on their coats and hats. + +The last court case concerning villeinage was in 1618. + + + + + + - - - Chapter 15 - - - + + + + - The Times: 1625-1642 - + +The entourage of Charles I came to be called "Cavaliers". They +were named by their opponents for the Spanish caballero who was a +Catholic who prosecuted Protestants. Their hair had long, curled, +and flowing locks. They wore a broad-rimmed decorated hat. Their +fancy jackets and breeches were loose. Boots were wide and folded +over at the top. Young men wore earrings and painted their faces. +A lady wore her hair in ringlets on each side of her face. Her +dress was fitted at the waist, with a peaked bodice. It was low at +the shoulders with a scoop neckline in front. She often wore much +lace, especially at the neck down to the bust line. Her outer +dress and under-skirt that was revealed in front were full and +made of satin and stiff silk or velvet. Only hose of silk was worn +at court. + +A majority of prosperous industrial towns and fee farmers, led +sometimes by lords or old landed gentry were Puritans. They +dressed plainly and in somber colors such as black, grey, and +buff, with no ornamentation except plain white collars and cuffs +of linen rather than of lace. Wool replaced silk and velvet. No +jewelry was worn. The Puritan women also wore long white aprons. +The Puritan men for a time had short-cut hair. The Puritan- +Parliamentarians were given the name "Roundheads" after the crop- +headed London apprentices whose rioting had marked every stage of +the conflict between king and Parliament. The Puritan women +smoothed their hair back into little knobs and covered their hair +and head with a white covering. Both Puritan men and women wore +broad-rimed hats and plain shoes. The ordinary country man wore a +felt hat, broadcloth coat, woolen trousers, hand-knitted worsted +stockings, and plain, strong shoes. + +Nine-tenths of the people were Protestant. Religion was a favorite +and serious topic of discussion, even among the illiterate. On the +whole, they were more inclined to salvation by grace than to +salvation by good works. Popular reading included guides for good +manners such as "The Rich Cabinet" by Thomas Gainsford, and +"Youths Behavior" translated from the French by Francis Hawkins. +It advised not to sit with one leg on the other, but with the feet +even; not to spit on one's fingers; and not to sniffle in the +sight of others. Books for ladies such as "Delights for Ladies" by +Hugh Platt told them how to adorn themselves, tables, closets, and +distillatories with beauties, banquets, perfumes, and waters. It +taught preserving and comfit making, cooking, and housewifery. +Gervase Markham wrote advice for men in "Hobsons Horse-load of +Letters", which addressed serious negotiations, private +businesses, amorous accomplishment, wanton merriment, and the +defense of honor and reputation. "A Helpe to Discourse" by W.B. +and E.P. primed a man to meet company with suggested questions and +answers, epigrams, riddles, and jests. In Henry Peacham's "The +Compleat Gentleman" (1622), the model Cavalier is portrayed in +terms of horsemanship, tilting, sports, choice of companions, +reserved and dignified conduct, good scholarship, and +responsibility. This popular book was a guide to university, where +there was a seven year course of classroom lectures. It advised +conversation with men of the soundest reputation for religion, +life, and learning, but recreation with those of the same rank and +quality. First place was to be given to religion, so that the +foundation of all studies would be the service of God. Following +in importance were: speaking and writing in English or Latin +(grammar, syntax, and rhetoric), astronomy, astrology, geography +(whose authorities were Pliny, Strabo, and the pagan writers of +the first century), chorography, mathematics, including arithmetic +and geometry, poetry (reading, writing, and criticizing), music, +including part-music, drawing, limning, painting, art history, +exercise (riding, running, leaping, tilting, throwing, wrestling, +swimming, shooting, and falconry), logic and disputation if +related to one's intended profession such as the law, philosophy +(Plato and Aristotle), and some medicine and botany. + +The Flemish Johann Baptista van Helmont demonstrated that metals +dissolved in acid can be recovered through chemical means and +enunciated the doctrine that each thing in nature has its own +specific organization. + +Richard Brathwaite's "The English Gentleman" portrays the sombre +Puritan who accepts the gospel of work. He is a staid and serious +businessman. "Matrimonial Honour" by Daniel Rogers opined that for +success, a marriage must be godly, with the parties equally +religious, worshipping together in private and in public. A hasty +or worldly marriage would bring repentance. The spouses should +agree, but keep to their spheres. Children should not be spoiled. + +Large households were more or less self-supporting and were +managed by their ladies. Work included ordering wool, hemp, and +flax; making cloth and dying it; dairy work; brewing; malting; +baking; preserving wines; extracting oils; distilling perfume; and +putting on banquets. Couches were coming into use in parlors. + +The king and his court entourage settled for most of the year in +Whitehall instead of travelling around the country. The king let +the public into Hyde Park for recreation. The City of London and +Westminster were still separate, but a mass of hovels was +springing up in between them. The water carrier was still active +and the night transport of sewage necessary. In certain areas +there lived in crowded houses, those wanted for minor offenses, +small thefts, and debt. Bailiffs did not dare venture into them +because the inhabitants hid and defended each other unless the +offense was a major one. The penalty for stealing even small sums +was still death. + +Indigo Jones was the first architect of consequence. He had +studied in Italy and designed and built the Banqueting House at +Whitehall in London in 1622. It had classical proportions and nice +shaping and dressing in stone. He was now an arbiter of taste for +the King Charles and his Queen and built many structures for them, +including the Queen's Chapel at St. James Palace and her bedroom +in the Queen's Hose in Greenwich. All over London and the country +he and his pupils built many classical buildings, including +houses, churches, stables, lodgings, out-buildings, staircases, +galleries, watergates, and archways. They stood in stark contrast +to the Tudor buildings around them. In the 1632, Jones started +town-planning in London with Covent Garden fruit and vegetable +market with terraced houses around a central piazza surrounded by +open arcades with a Tuscan church at one end. In 1634, a man from +the suburb of Hackney introduced a line of coaches rented at 1s. +per hour. They soon became very popular. + +A large part of England was rebuilt as yeomen expanded their +houses and others lower in rank replaced mud and wood hovels with +brick and stone cottages. A separate kitchen appeared. The ground +floors are boarded over to create bedrooms. Permanent stairs +replace ladders. Glass appears in windows. Glass and crockery +replace wood and pewter, Chairs replace benches. Knives and forks +become common. + +About 1640 began travel between towns by covered wagons called +stage coaches. They carried passengers and goods and stopped at +inns for stabling and repairs. + +Work was begun in 1630 to make canals that would make waters run +to the sea. Barges on canals were the most efficient mode of +transportation. A barge could carry 50 tons on a canal and only 30 +on a river. A single horse could haul a wagon on iron rails with 8 +tons, on a soft road with 8 tons, and on his back 1/8 of a ton. + +Real wages, which had been falling, reached their low point and +the gap between the poor and others widened. There were +depressions from 1629-32 and from 1636 to about 1640, which called +for Royal proclamations for the relief and distress, especially +among the poor. The Book of Orders, for the relief of distress in +earlier reigns, was to be reissued. The assize of beer and bread +maintaining quality, prices, weights, and measures, was to be duly +kept. Hoarding of foodstuffs was to be punished. Fish days and +lent were to be observed to maintain the fishers. Abstaining from +suppers on Fridays and on the eves of feasts was ordered in all +taverns and commended to private families. City corporations were +to give up their usual feasts and half the charge given to the +poor. Foreign ships were not to be victualled for long voyages. +The revised Book of Orders also covered the regulation of beggary, +the binding of apprentices, and the general relief of the poor. +All magistrates were to enforce the rules and raise special rates +from all the parishes, the richer of these to help the poorer. + +A new trend of spring-sown crops led to better crop balance and +reduced the risks of scarcity in a bad year. But the economy was +still volatile. + +There were riots in London in 1640-1 from a complete breakdown in +political consensus, the factions being the Royalist City elite +versus the middling and lesser merchants and craftsmen. + +In 1631, the clock makers broke away from the control of the +Blacksmiths. The gunmakers also broke away from the Blacksmiths. +The tinplate workers broke away from the Ironmongers. + +"Searching" for bad cloth became more difficult as the industry +became more diversified. For instance, a new machine called a gig- +mill did the work of many hand finishers. In 1633, Charles issued +a commission for the reformation of the cloth industry with minute +directions for the manufacture of cloth. But there were many +disagreements over the details of manufacture and reform was +difficult to enforce. + +By the 1630s, many parishes had a resident intellectual for the +first time. The parish priests came from gentry, upper yeomanry, +urban tradesmen and clerical families. They were educated and +highly learned. They had libraries and were in touch with +contemporary religious debates. They saw their role primarily as +pastoral care. Many wanted to improve the religious knowledge and +moral conduct of their parishioners. Puritan influence deepened as +they forbade dancing, games, minstrels, and festivals. They +punished superstitious conduct. They initiated prosecutions in +church courts for sexual lapses and drunkenness. The church court +had little coercive power and its punishments were restricted to +penance or excommunication. Many Puritan sects espoused equality +for women. By the 1640s women were preachers, e.g. in the Baptist +and Anabaptist religions and, until 1660, prophetesses. These +sects were mostly composed of the lower echelons of society. + +The poor people did not respond to sermons as did the well-to-do. +Nor were they as involved in church activity, attending church +only for marriages, baptisms, and funerals. + +Charles I not only believed in the divine right of kings and was +authoritarian; he was the ultimate autocrat. He had an unalterable +conviction that he was superior to other men, who were +insignificant and privileged to revolve around him. He issued +directives to reverse jury verdicts. Parliamentarians Oliver +Cromwell and other educated men opposed this view. The Commons +voted not to grant Charles the usual custom-dues for life, making +it instead renewable each year, conditioned on the king's +behavior. Charles dissolved Parliament before this passed. He +continued to take tonnage and poundage. + +He wanted money for war so he imposed many taxes, but without the +consent of Parliament. They included many of which had fallen into +disuse. He imposed a compulsory "loan" on private individuals, +which the courts held was illegal, and imprisoned, those who +refused. Bail was denied to these men. Simpler people who refused +were threatened with impressment into the Navy, which included +being landed on shore to fight as marines and soldiers. They +sought to revive the old writ of habeas corpus [produce the body] +to get released, but to no avail. The old writ had been just to +bring to court those persons needed for proceedings, but Coke in +1614 had cited the writ with a new meaning "to have the body +together with the cause of detention". Charles billeted unpaid and +unruly soldiers in private homes, which they plundered. It was +customary to quarter them in inns and public houses at royal +expense. Martial law was declared and soldiers were executed. But +the citizens did not want martial law either. + +The Magna Carta got attention as a protector of basic liberties. +Both attorneys and laymen read "The Pastyme of People" written by +John Rastell in 1529, which described the history of the Magna +Carta from 1215 to 1225. Also read was the "Great Abridgment" of +the English law written by Rastell in 1527, and Coke's volume of +his Institutes which dealt with the Magna Carta, which the Crown +took to prevent being published until 1642, when Parliament +allowed it. Broad-scale pamphleteering turned England into a +school of political discussion. Oxford University favored the +established church and Cambridge University was Puritan. + +The estates of the members of the House of Commons were three +times the extent of the members' of the House of Lords. Bishops' +estates had diminished considerably because of secularization. The +members of the House of Commons were elected by the people. For +these reasons, the House of Commons asserted a preeminence to the +House of Lords. + +The House of Commons drew up a Petition of Right in 1627, which +expanded upon the principles of Magna Carta and sought to fix +definite bounds between royal power and the power of the law. It +protested the loans compelled under pain of imprisonment and +stated that no tax or the like should be exacted without the +common consent of Parliament. It quoted previous law that "...no +freeman may be taken or imprisoned, or be disseised of his +freeholds or liberties, or his free customs, or be outlawed or +exiled; or in any manner destroyed, but by the lawful judgment of +his peers, or by the law of the land" and that "...no man of what +estate or condition that he be, should be put out of his land or +tenements, nor taken, nor imprisoned nor disinherited, nor put to +death without being brought to answer by due process of law". It +continued that "... divers of your subjects have of late been +imprisoned without any cause showed; and when for their +deliverance they were brought before your Justices by your +Majesty's writs of Habeas Corpus, there to undergo and receive as +the court should order, and their keepers commanded to certify the +causes of their detainer, no cause was certified, but that they +were detained by your Majesty's special command, signified by the +Lords of your Privy Council, and yet were returned back to several +prisons, without being charged with anything to which they might +make answer according to the law." It also protested the billeting +of soldiers in private houses and martial law trying soldiers and +sailors. If these terms were agreed to by the King, he was to be +given a good sum of money. Since he needed the money, he yielded. +He expected tonnage and poundage for the Navy for life, as was the +custom. But he got it only for one year, to be renewable yearly. +The King agreed to the petition, quietly putting his narrow +interpretation on it, and it was put into the statute book. + +In 1629 Parliament distinguished between treason to the king and +treason to the Commonwealth. + +The Chief Justice held in 1638 that acts of Parliament to take +away the King's royal power in the defense of his kingdom were +void; the king may command his subjects, their persons, their +goods, and their money and acts of Parliament make no difference. +But the people refused to pay these taxes. + +Charles thought of more ways to obtain money and disregarded his +agreement to the Petition of Right. + +Without the consent of Parliament, he extended ship money to all +the kingdom instead of just the ports. It was used to outfit ships +for the protection of the coasts. Hampden refused to pay it on +principle and the courts ruled against him in the case of King v. +John Hampden and he was sent to prison. When distraints were +tried, the common people used violence to prevent them. The +bailiffs were pelted with rocks when they came to distrain. One +man used his pitchfork to take back his steer being taken by the +bailiff. If distraint were successful, people would refuse to buy +the distrained property of their neighbors. + +Charles revived the right of the Crown to force knighthood on the +landed gentry for a fee. + +Charles sold monopolies in such goods as soap, leather, salt, +wine, coal, and linen rags although they had been abolished in the +last Parliament of James. This made employment uncertain for +workers and prices high for the public, and put masters in danger +of loss of capital. + +Fines were levied on people for the redress of defects in their +title deeds. Crown forest boundaries were arbitrarily extended and +landowners near Crown forests were heavily fined for their +encroachments on them. Money was extorted from London by an +illegal proclamation by which every house had to pay three years' +rental to the Crown to save itself from demolition. + +But what incensed the people more than the money issue were the +changes in the established church. High churchmen, called +Ritualists, enforced ceremonies offensive to Puritan feeling in +every parish. The centrally placed communion tables were to be +placed at the east end within railings and called "altars", or +"mercy seats" as if for mass. They were to be ornamented with +crucifixes, images, conceits, books, candles and rich tapestries. +Bowing was to be done when approaching them. Clergymen were to be +called "priests" and their authority treated as divine. Worship +was to be done in prescribed forms and ritual with pomp and +ceremony, including kneeling for communion. It was to be done in +accordance with the Romish Breviars, Rituals, and Mass-books. +Rings were to be used in marriages and crosses used in baptisms. +Churches, fonts, tables, pulpits, chalices and the like were to be +consecrated, thereby putting holiness in them. Churches that did +not do this but used unconsecrated or "polluted" articles were +closed by interdiction. Regard was to be had with regard to days, +postures, meats, and vestments. The clergy was to wear supplices +[white linen vestments flowing to the foot with lawn sleeves] and +embroidered copes [vestment over the head]. A Bishop wore a four- +cornered cap, cope and surplice with lawn-sleeves, tippet (long, +black scarf), hood, and canonical coat. Churchwardens were to take +oaths to inform against any who disobeyed. The law still required +that all attend Sunday sermons. But parishes had some control over +who was their preacher, even though a minister could be put upon a +parish by the bishops without the consent of the patron or people. +By increasing the meager pay of a parish clergyman, they could +chose one with a compatible theology or employ a lecturer from +outside. The Ritualists scolded clergymen for "gospel preaching" +and suppressed Puritan preaching in public meetings. Preaching or +printing matter concerning the controversy of free will versus +predestination was forbidden. Geneva Bibles, which were popular +among laymen, were prohibited from being imported. Many were +excommunicated for sitting instead of kneeling at communion. The +clergy prohibited marriage if they liked by withholding their +license, and they licensed marriages without banns. The Ritualists +encouraged certain sports to be played after church on Sunday. The +Puritans protested vehemently to this because they wanted to +strictly observe the sabbath. The Puritans saw the high churchmen +as wanting to return to the doctrine and customs they thought to +be Papist. The Ritualists were absolutists in their political +views and accepted the King's intervention in church matters. The +ecclesiastical Court of High Commission enforced the edicts of the +church, excommunicating those who did not conform and expelling +clergymen who, for instance, did not bow at the name of Jesus or +wear the surplice. It was used against the Puritans and imposed +high fines and imprisonment for religious eccentricity and Puritan +preaching. Charles supported the established church in this +endeavor because it agreed that he had a divine right to rule. + +The universities and high churchmen were beginning to adopt the +doctrine of free will over predestination. Parliamentarian and +Puritan Oliver Cromwell and others feared this presaged a return +to justification by works and the popish faith. In Parliament, he +spoke out against the tyranny of the bishops, whose offices he +wanted abolished, and the elaborateness of church services. + +To avoid persecution, many Puritans emigrated to Virginia and New +England. They were led by magistrates, country gentlemen, +prominent businessmen, attorneys, and other professionals. In +1629, the Massachusetts Bay Colony was chartered at the +instigation of John Winthrop as a Puritan refuge. Its leaders led +a migration of Puritans organized to include five each of +armorers, bakers, blacksmiths, carpenters, shoemakers, merchants; +three each of clothiers, chandlers, coopers, military officers, +physicians, and tailors; two each of fishermen, herdsmen, and +masons; on tanner, and one weaver. The fare was five pounds and an +applicant was interviewed to make sure he was a Puritan. He got 50 +acres, or more for a larger family. But if he paid 50 pounds into +the common stock he received 200 acres of land, plus 50 more for +each dependent. Maryland was founded in 1632 as a haven for +Catholics, but its charter precluded a government-established +religion. It was granted to Lord Baltimore to hold in free socage +and was named after King James II's Queen, who was overtly +Catholic. Catholics in England could practice their religion only +in their homes and could not carry arms. + +As hostility grew, censorship of books and plays accelerated and +the number of authorized printers was reduced in 1637 by decree of +the Star Chamber. In 1640s effective government control of the +press collapsed. Then there were many pamphlets and newspapers +with all variety of interpretation of the Bible and all sorts of +political opinion, such as on taxation, law and the liberties of +the subject, religion, land and trade, and authority and property. +Twenty-two pamphlets were published in 1640 and 1,996 in 1642. + +In 1640 the canons of the church included a requirement for +parsons to exclaim divine right of kings every year. The Commons +soon resolved that this was contrary to the fundamental laws and +liberties of the realm. + +The Short Parliament of 1640 was dissolved soon because the +Commons demanded redress of its grievances. The Long Parliament of +1640-1653 requested by the House of Lords was agreed to by Charles +because he still wanted money. In election of members to the Long +Parliament, voters wanted to know where contenders stood on +certain political issues. In this Parliament, the Commons ceased +to agree on all issues and started to rely on majority rule. + +The House of Commons was led by John Pym, a middle class +landholder with extensive commercial interests. The Commons +treated the King's refusal to act with them as a relinquishment of +his power to Parliament. When it met at the Long Parliament, Pym +expressed the grievances of the King's actions against the +privileges of Parliament, against religion, and against the +liberties of the subjects. Specifically, he decried the disregard +of free speech and of freedom from prosecution afterward, and the +arbitrary dissolution of Parliament. Secondly, he alleged popery +had been encouraged and the ecclesiastical jurisdiction enlarged. +Thirdly, he protested the patent monopolies given to favorites to +the detriment of the buying public, the imposition of ship money +levies beyond the need of national defense and without the consent +of Parliament, the revival of the feudal practice of imposing a +fine for refusal to accept a knighthood with its attendant +obligations, the enlargement of the King's forests and driving out +from hence tenants with lucrative holdings, extra judicial +declarations of justices without hearing of counsel or argument in +many criminal matters, and the abuses of the prerogative courts in +defending monopolies. Parliament's assertion into religious +matters and foreign affairs was unprecedented, those areas having +been exclusively in the power of the King. + +The Long Parliament begun in 1640 removed many of the King's +ministers and forbade clergy from sitting in Parliament or +exercising any temporal authority. It passed measures which were +not agreed to by the King. It undid the lawless acts of the King +and the court decision in the case of King v. Hampden. Ship money +was declared illegal. The new concept that the present Parliament +should not be dissolved but by its own consent was adopted. The +Star Chamber and Court of High Commission were abolished. The oath +ex officio, an oath to answer all questions, was originally meant +for facts at issue, but had been extended by these courts to +opinions, beliefs, and religion and had led to abuses. The Star +Chamber had been the only court which punished infractions of the +Kings' edicts, so now his proclamations were unenforceable. +Protection against self-incrimination was given by the provision +that no person be forced "to confess or accuse him or herself of +crime, offense, delinquency, or misdemeanor, or any neglect... or +thing whereby, or by reason whereof, he or she shall or may be +liable or exposed to any censure, pain, penalty, or punishment +whatsoever, as had been the practice in the Star Chamber and the +Court of High Commission. + +These measures were also adopted: No one may be compelled to take +knighthood nor undergo any fine for not so doing. The forest +boundaries are returned to their former place. All subjects may +now import gunpowder; they may also make and sell gunpowder and +import saltpeter. + +The Root and Branch Petition of 1640 complained about pressure on +ministers by bishops on threat of dismissal not to preach about +predestination, free grace, perseverance, original sin remaining +after baptism, the sabbath, doctrine against universal grace, +election for faith foreseen, free-will against anti-Christ, non- +residents, or human inventions in God's worship. It also +complained about the great increase of idle, lewd, and dissolute, +ignorant and erroneous men in the ministry who wanted only to wear +a canonical coat, a surplice, and a hood, bow at the name of +Jesus, and be zealous of superstitious ceremonies. It also +complained about the swarming of lascivious, idle, and +unprofitable books, pamphlets, play-books, and ballads, such as +Ovid's "Fits of Love", "The Parliament of Women", Barn's "Poems", +and Parker's "Ballads". Further it opposed the restraint of +reprinting books formerly licensed without relicensing. It +protested the growth of popery and increase of priests and +Jesuits, the strict observance of saints' days whereby large fines +were imposed on people working on them, the increase of whoredoms +and adulteries because of the bishops' corrupt administration of +justice and taking of bribes, and the practice of excommunicating +for trivial matters such as working on a holy day or not paying a +fee. It further protested the fining and imprisoning of many +people; breaking up men's houses and studies; taking away men's +books, letters, and writings; seizing upon their estates; removing +them from their callings; and separating them from their wives, to +the utter infringement of the laws and of people's liberties. It +complained that these practices caused many clothiers, merchants, +and others to flee to Holland, thus undermining the wool industry. +It finally complained of the multitude of monopolies and patents, +large increase of customs, and ship-money. Many Londoners signed +this petition. + +The House of Commons decided to forbid bowing at the name of +Jesus. When the House of Lords disagreed with this, the House of +Commons claimed that it represented all the people and didn't need +the concurrence of the House of Lords. The House of Commons +ordered that all communion tables be removed from the east end of +churches, that the railings be taken away, and all candles and +basins be removed from it. Further, all crucifixes, images of the +Virgin Mary, and pictures of any of the Trinity were to be +demolished, which was done to even those in markets and streets. +Further, all bowing at the name of Jesus or toward the east end of +the church or toward the communion table was forbidden. All +dancing or other sports on Sunday was forbidden. Enforcement was +to be done by Justices of the Peace and Mayors. But these orders +never became statutes. + +Enforcement of the law for not coming to church was not now +regularly enforced, so Catholics had a respite. + +Rebellion of Irish Catholics against England and English +Protestants broke out in Ireland in 1641. Parliament didn't trust +the King with an army that he could use against themselves so it +passed the following two measures expanding the Navy and calling +out the militia and naming certain persons to be Lieutenants of +each county. + +The Admiral shall impress as many seamen as necessary for the +defense of the realm. This includes mariners, sailors, watermen, +ship carpenters, but no one over the age of 50 or masters or +masters' mates. If one hides, he shall be imprisoned for three +months without bail. + +Justices of the Peace shall impress as many soldiers as the king +may order for war in Ireland. This is despite the right of a +citizen to be free from being compelled to go out of his county to +be a soldier because the danger from Ireland is imminent. Excluded +are clergymen, scholars, students, those rated at a subsidy of +land of three pounds or goods of five pounds, esquires or above, +the sons of such or their widows, those under eighteen or over +sixty years of age, mariners, seamen, and fishermen. The penalty +for disobeying is imprisonment, without bail or misprise, and a +fine of ten pounds. If an offender can't pay the fine, he shall be +imprisoned a year more, without bail or misprise. + +The right to call out the county militia had been a prerogative of +the Crown, so the King issued a Proclamation ordering the soldiers +to ignore this order and obey him. So Parliament declared this +Proclamation void. + +The King accused five leaders of Parliament, including Pym, of +trying to subvert the government of the kingdom, to deprive the +King of his regal power, to alienate the affections of the people +toward their King, forcing the Parliament to their ends by foul +aspersions, and inviting the Scots to invade England. In 1642, the +King entered Parliament with 300 soldiers to arrest these five. +They had flown, but Parliament was shocked that the King had +threatened the liberties of Parliament with military force. The +citizens of London, in their fear of popery, rose in arms against +the King, who left the city. Both sides raised big armies. The +goal of the Parliamentarians was to capture the King alive and +force him to concessions. + +When the Parliamentarians took Oxford in 1648, they purged its +faculty of royalists. + + + + - The Law - + +From 1625 to 1627 these statutes were passed: + +No one shall engage in sports or any pastimes outside his own +parish or bearbaiting, bullbaiting, interludes, plays or other +unlawful pastimes inside his parish on Sundays because such has +led to quarrels and bloodshed and nonattendance at church. The +fine is 3s.4d. or if the offender does not have the money or goods +to sell to pay, he shall be set in the public stocks for three +hours. + +No carrier with any horse or wagon or cart or drover with cattle +may travel on Sunday or forfeit 20s. + +No butcher may kill or sell any victual on Sunday or forfeit +6s.8d. + +Every innkeeper, alehousekeeper, and other victualler permitting a +patron who is not an inhabitant of the area to become drunk shall +forfeit 5s. or be place in the stocks for six hours. Offenders +convicted a second time shall be bound by two sureties to the sum +of 200s. + +As of 1627, a parent sending a child out of the country to go to a +Catholic school were to forfeit 100 pounds, one half to the +informer and one half to the king. + +The Petition of Right herebefore described was passed as a statute +in 1627. + + + + - Judicial Procedure - + +The Star Chamber decided cases as diverse as a case of +subordination of witnesses, cases of counterfeiters of farthing +tokens, and cases of apothecaries compounding ill medicines. It +tried to keep down the prices of foodstuffs for the benefit of the +poor; it repressed extortion and false accusations, and disbarred +an attorney for sharp practices; it punished defamation, fraud, +riots, forgery of wills; it forbade duels. A special virtue of its +position was that it could handle without fear matters in which +men of social or local influence might intimidate or overawe +juries or even country justices. It punished a lord who caused +records to be forged, unlawfully entered lands, and seized tithes. +It disciplined a nobleman for drawing a sword on a lord hunting +hare. + +In one of its cases, Sir Edward Bullock, a knight wanting to +enclose a common of a thousand acres threatened his neighbor +Blackhall when he would not sell his lands and rights. The knight +hired a man to break down the hedges and open a gate that had been +staked up, so that his neighbor's cattle would stray. He sued his +neighbor three times for trespass, lost his cases, and threatened +revenge on all the witnesses who testified against him. He had the +house of one pulled down. The pregnant wife and a naked child were +turned out and had to lie in the streets because no one dared to +take them in, even when a justice so directed. The witness, his +wife, and family took refuge in an unheated outbuilding in the +winter. He and his wife and one child died there. The knight had +another witness cudgeled so that she was black and blue from the +waist up, and could not put on her clothes for a month. The knight +threatened to set fire to the house of another witness, and sent +his men to pull him out of doors and keep him prisoner for some +hours. The Star Chamber imprisoned the knight and his men. The +knight was fined 1,000 pounds and the men 50 pounds each. The +knight also had to pay one witness 100 pounds in reparation to the +surviving children of the family whose house had been pulled down. + +But the power of the Star Chamber was abused by King Charles I. +For instance, one lord was accused by another of calling him a +base lord. The evidence was paltry. But he was fined eight +thousand pounds, one-half going to the King. A lord who was +accused of converting agricultural land to pasture was fined four +thousand pounds. The lord was fined ten thousand pounds. A person +who exported fuller's earth, contrary to the King's proclamation, +was pilloried and fined two thousand pounds. A man who defaced a +stained-glass window in a church was fined 500 pounds and ordered +to pay for a plain glass replacement. A man who became sheriff of +a county and had taken the oath which bound him to remain in the +county was elected to Parliament and stood in opposition to the +king on many matters. He was imprisoned for many years until he +made a humble submission and had to pay a heavy fine. A London +importer who was alleged to have said "That the Merchants are in +no part of the world so screwed and wrung as in England; That in +Turkey they have more encouragement" was fined 2,000 pounds for +seditious and slanderous words against his majesty's happy +government. A Scottish minister circulated a book appealing to the +Parliament to turn out the bishops and to resist its own +dissolution by the King. In it he called the bishops men of blood, +anti-Christian, satanical, ravens, and magpies, preying on the +state. He was against kneeling at the sacrament and denounced the +Queen for her religion. He blamed the state for the death of +citizens of a certain town by famine. For as he did "scandalize +his Majesties Sacred Person, his Religious, Wise, and just +Government, the Person of his Royal Consort the Queen, the Persons +of the Lords and Peers of this realm, especially the Reverend +Bishops", he was fined 10,000 pounds, was to be unfrocked (which +was done by the Court of High Commission), and was whipped, +pilloried, one ear nailed to the pillory and cut off, his cheek +branded, and his nose slit. Then he was imprisoned for life, but +only served ten years, being released by a statute of the Long +Parliament. A Puritan writer Pyrnne wrote a book that included a +condemnation of masks and plays, and all who took part, and all +who looked on as sinful, pernicious, and unlawful. It opined that +Nero had attended plays and deserved to be murdered. Since Charles +had attended plays and the Queen had taken part in a mask, it was +inferred that Pyrnne meant them harm. His indictment alleged that +"he hath presumed to cast aspersions upon the King, the Queen, and +the Commonwealth, and endeavored to infuse an opinion onto the +people that it is lawful to lay violent hands upon Princes that +are either actors, favorers, or spectators of stage plays". The +justices saw in the book an attempt to undermine authority. The +Chief Justice called the book a most wicked, infamous, scandalous, +and seditious libel. Pyrnne was sentenced to be degraded by Oxford +and disbarred by Lincoln's Inn, to be fined 5,000 pounds, to be +pilloried and to have his ears cut off, and then to be imprisoned +for life. Three men who wrote attacks on the bishops and +ecclesiastical courts, such as alleging that the bishops +suppression of fasts and preaching had brought the pestilence upon +the people and that the bishops had dishonored God and exercised +papal jurisdiction in their own names, were each sentenced to +5,000 fine, the pillory, where their ears were cut off, and to +life imprisonment. One, who had been convicted for libel before, +was branded on both cheeks: "S.L." for Seditious Libeller. Others +printed similar material. In vain the Star Chamber limited the +number of London printers to twenty, and made licensing stricter. +These prisoners were set free by the Long Parliament. + +Charles I intimidated justices to obey him in decision-making even +more than James I. + +Charles I so abused the power of the Star Chamber court that it +was abolished by the Long Parliament and with it, the involvement +of the King's Council in civil and criminal cases. + +The regular church courts punished people for heresy, non- +attendance at church, sexual immorality, working on the sabbath or +a holy day, non-payment of tithes, and lending money at interest. +The special ecclesiastical court, the Court of High Commission, +was composed of clerics appointed by the king and decided cases of +marriage annulment, alimony, adultery, married couples living +separately, cruelty of husbands to wives, and habitual +drunkenness. But it also took on cases of schismatics and extended +its power over them to include staid and solid Puritans, who +uniformly believed that salvation was the only worthy earthly aim. +Acting on information attained through secret channels or from +visitations, it would summon the accused, who was required to +give, under oath, "full, true, and perfect" answers to broad and +undetailed charges made by secret informants. Refusal to take the +oath resulted in commitment for contempt of court. If he denied +the charges and fled, the court could hold the hearing without +him. Many fled out of the country or went into hiding in it. If +the accused went to the hearing, he could not take an attorney +with him. Most of the issues involved clergy refusing to use the +litany, to make the sign of the cross in baptism, to wear the +surplice, or to publish the Book of Sports, and insistence on +extempore prayer and preaching. Other issues were clergy who from +the pulpit inveighed against ship-money and unjust taxes, and +spoke rudely against the bishops and tyrannical princes. One case +is that of Samuel Ward, the town preacher of a large town, heard +in 1635. He neglected bowing or kneeling on coming to his seat in +church and preached against the Book of Sports. He did not read +the set prayers from the official book, but said prayers he had +himself conceived. To this he replied that a parrot could be +taught to repeat forms and an ape to imitate gestures. But his +most serious offenses had to do with his utterances from the +pulpit derogatory to the tenets and discipline of the church. He +was accused of saying that he believed that congregations still +had the right of election of all officers, including ministers. +Also, he allegedly said that in preaching on the Christmas +holidays he told his people "that in the following days they might +do their ordinary business, intending to cross that vulgar +superstitious belief, that whoever works on any of those twelve +days shall be lousy". He allegedly warned his people to beware of +a relapse into popery. Ward was convicted of depraving the +liturgy, tending toward schism, frightening the people, and +encouraging the overthrow of all manner of government. He was +removed from his position, deprived of his ministerial function, +suspended and silenced during the King's pleasure. He was ordered +to make submission and recantation both in court and in his church +and to give bond for 200 pounds. When he did not do this, he was +sent to prison and lay there nearly four years, and died a few +months later. In another case, a Mrs. Traske was imprisoned for at +least eleven years for keeping Saturday as her sabbath. Many +people were excommunicated and books censored for essentially +political reasons. + +In 1637, the king proclaimed that the common law courts could not +intervene in ecclesiastical courts. + +The Court of High Commission was abolished by the Long Parliament. + +Justices of the Peace had general and quarter sessions, the latter +of which were held four times a year with all Justices of the +Peace attending. It was primarily a court of appeal from penal +sentences. But it was also an administrative body to determine +taxes and make appointments of officials and grant licenses for +businesses. + +In 1638, in distributing a deceased person's estate, the Chancery +court upheld a trust for an heiress which would not become her +husband's property. + +At the request of Parliament, the King had all justices serve +during their good behavior instead of serving at the King's will, +which had been the practice for ages. This increased the +independence of the judiciary. + +The rack was used for the last time in 1640 before the Long +Parliament met. It was used to torture a rioter before hanging. + +Men were still pressed to death for failure to plead, pickpockets +still executed for the first offence, and husband murderers still +burned. + + + + + + - - - Chapter 16 - - - + + + + - The Times: 1642-1660 - + +For four years, there was civil war between the King, backed +generally by the upper class, the established church, and most of +the gentry, against the Parliamentarians, backed generally by +middle class yeomen, town dwellers, some of the gentry, most of +the great corporations, the City of London, the ports, the seamen, +and the Navy. Oxford University was royalist, and Cambridge +University was Puritan in sympathy. Archery was not used, having +become just sport by 1633. Flint-lock pistols, which relied on +flint striking steel to ignite the powder, as well as swords were +used by horsemen in the civil war. Footmen were musketeers using a +match lock with a cord boiled in vinegar as the match and dressed +in leather doublets and an iron-pot headpiece, or pikemen with +long wooden poles with spearheads of iron or steel and short +swords, and dressed in armor. This was the last time armor was +used. The Parliamentarians wore orange scarves to distinguish +themselves from their enemy. Cromwell, who had a natural aptitude +for military matters, selected for his troops, Puritan zealots +with a Puritan code of behavior which included no drinking or +swearing. He selected horsemen based on ability rather than social +class. He was regarded as one of the leaders of the Independents, +who wanted total abolition of the monarchy and of the aristocracy. +When made a leader of the New Model Army, Cromwell dressed all his +foot men in red with only the facings being regimental colors. The +New Model Army had been assembled because there had been +disagreement about policy among the members of Parliament who held +commissions. Almost all members gave up their commissions. For +their continued support, many wives and also prostitutes put on +men's clothing and followed the troops. They nursed the wounded. +Those many wives who stayed at home pleaded and answered in court; +petitioned to the House of Commons, e.g. for release of debtors +from prison, high taxes, lack of work, and arbitrary government; +and made other public appearances. Puritan and royalist newspapers +printed the news at least once weekly. Poet John Milton pled for +civil and religious freedom, freedom of social life, and freedom +of the press. He stated: "Give me the liberty to know, to utter, +and to argue freely, according to conscience, above all +liberties." + +The Mayor and citizens of London were given authority in 1642 to +fortify all highways leading to the city and levy a tax on +inhabitants for this purpose. When London was deprived of coal +during the war, trees and flowers again flourished there. + +Officers and seamen in navy ships were authorized in 1642 to take +one-third of all prize goods captured, the other two-thirds going +to the state. + +Parliament approved certain persons to set forth ships at their +own expense to defend the realm in 1643. They were allowed to keep +any ships, goods, ammunition, or moneys they seized. + +Saltpeter men were appointed by Parliament in 1643 and later times +to search and dig for saltpeter in pigeon houses, stables, and +outhouses, but not dwelling, shops, or milkhouses. They had to +repair any damage done to the contentment of the owners. + +Complaints were made to Parliament that there were scandalous and +ill-affected fomenters of the civil war and disobeyers of the +ordinaries of Parliament and deserters of their ordinary places of +residence. These complaints were made by members of the University +of Cambridge, students, clergy in surrounding counties, and +schoolmasters. So a committee was established in 1643 to +investigate and sequester their lands and goods, excepting one- +fifth of the estate for the wife and children. + +When Charles was captured in 1646, the episcopacy of the bishops +was abolished. When Parliament was about to reinstate Charles as +king with weakened powers and establish a Presbyterian state +church, the soldiers, who were religious Independents and who +still had not been fully paid (the infantry pay was 18 weeks in +arrears and the cavalry 43 weeks) despite plans to disband them, +spontaneously took the King by force. They demanded liberty of +conscience to practice their own religion and their pay. Cromwell +sided with the army and then became leader of the House of +Commons. Charles dissembled in his negotiations with the army +generals. He felt freed from his promises as soon as the pressure +was removed. The army could not forgive Charles' duplicity and +deceitfulness and insisted upon his death as the only way to bring +peace. Cromwell gave up hope on negotiations with Charles when he +intercepted a letter by Charles to his Queen decreeing the final +doom of the army adherents in favor of the Scottish Presbyterians. +During protracted negotiations over months between the army and +Parliament over a new constitution, a renewed support for the +King, which was inspired by him, necessitated a second civil war +to put down this revolt and subdue its Scot supporters. Eventually +the army took control of Parliament by force, only allowing the +few members who agreed with them on the trial of the King into +Parliamentary meetings. So Charles was tried in 1649, found guilty +of "an unlimited and tyrannical power to rule according to his +will, and to overthrow the rights and liberties of the people ... +which by the fundamental constitutions of this kingdom were +reserved on the peoples' behalf in the right and power of frequent +and successive parliaments or national meetings in council", and +maintaining a war against his subjects, which amounted to treason. +To prevent his adherents from trying to reinstate him, he was +condemned to death and beheaded in January 1649. + +Parishes had to give maintenance to maimed soldiers and provision +for the livelihood to the wives and children of killed soldiers. +Masters of apprentices who became soldiers had to take them back +as apprentices without loss for their absence in defense of the +Commonwealth. Masters who received considerable loss by the +absence of their apprentices received reasonable satisfaction from +the public stock. + +To pay for the civil war, an assessment tax on the yearly value of +rents, annuities, and offices was often levied. The main burden of +this tax fell on the gentry rather than the merchants and smaller +men of property, as previous taxes had. An excise tax, a tax on +consumption, was begun on ale and beer and then extended to meat, +salt, starch, soap, and paper. It was gradually extended to many +goods. The excise taxes were paid, as was the customs tax, by +manufacturers on goods made in England and by foreign +manufacturers on goods at the ports. + +From 1640-60, Royalists were purged from Oxford and a group of +Baconians moved into the university behind Parliamentary armies. +At the two universities, books were no longer chained to the +bookcases. The universities were freed from taxation. + +After the civil wars, Cromwell led the country. He was a military, +political, and religious leader. He had become a Puritan zealot +after a youth of gambling, drinking, debauchery, and rioting. He +believed that military success was a reflection of divine favor +and he regarded himself as one the few elect preordained for +salvation. Those in power in the new Commonwealth tended to +explain their regime in terms of popular consent, and the takeover +from Charles I as due to his breaking of a contract with the +people. + +Most people dressed in Puritan fashion. A Puritan's favorite +readings were the Old Testament, Epistles of St. Paul, and +Switzerland's John Calvin. + +Wealth and prosperity steadily increased in spite of the civil +wars. During Cromwell's tenure, there was a marked revival of +economic prosperity. By the mid-1600s, landlords had been able to +shorten their leases so that a lease of twenty-one years was the +predominant form of landholding. + +Patent protection was given in 1642 to the inventors of a device +for salvaging ships' goods and cannons from the seas for seven +years. With it they could convert to their own use one half and +items retrieved, the other half going to the Navy and Parliament. +Patent protection was given in 1650 to George Manby on his new +invention for boiling liquors and making salt with less coal and +wood and iron, lead, and copper for fourteen years. Patent +protection was given in 1651 to Jeromy Buck for melting iron, +lead, tin, copper, brass, and other metals with coal without +burning charcoal, for fourteen years. + +Dutchman Stevinus showed that the pressure at the bottom of a +column of liquid is proportional to the height of the column, and +not to its bulk, about 1634. He also studied oblique forces, and +the balancing of such that could bring about "stable equilibrium". + +Evangelista Torricelli, an Italian student of Galileo, discovered +in 1643 that any fluid will be supported at a definite height, +according to its relative weight, as compared with air. He +realized that a mercury column, 30 inches in height, in a long +glass tube inverted in a cup of mercury, was being supported by +air pressure exerted on the mercury in the cup. When he observed +that this height changed with the weather, he had invented the +mercury barometer. His creation of a vacuum, above the mercury in +the tube, astonished philosophers, who had thought that nature +abhored a vacuum and would prevent it. + +Blaise Pascal, a French mathematician, physicist, and religious +philosopher, constructed a calculator in 1644 to assist his +father, who was involved in local administration, in tax +computations. Around 1646, he proved his law that pressure applied +to a confined liquid is transmitted undiminished through the +liquid in all directions regardless of the area to which the +pressure is applied. Around 1653, he laid the foundations for the +theory of probabilities, including the creation of "Pascal's +Triangle" of coefficients of (a=b) raised to the nth power. + +Jean Ray from France concluded from his experiments that every +piece of material has a given weight, including air and fire. + +The Merchant Adventurers were incorporated again in 1643 to have a +monopoly. It was required to admit into membership for 100 pounds +anyone free of London and bred as a merchant, and for 50 pounds +any non-inhabitant of London. The penalty for trading for one who +was not free of the corporation was forfeiture of his goods. + +In 1648, the House of Commons abolished the monarchy and in 1649 +the House of Lords. Also in 1649 it declared that England "should +thenceforth be governed as a commonwealth and free state by the +supreme authority of this nation, the representatives of the +people in Parliament." It made a new constitution. + +John Milton defended the Commonwealth as superior to the monarchy +because it could not deteriorate into tyranny in his books: "First +Defense of the People of England" in 1651, and "Second Defense" in +1654. He lauded Cromwell as great in war and great in peace, and +exemplifying the principle that "nature appoints that wise men +should govern fools". + +Thomas Hobbes, the son of a clergyman, and tutor to students, +wrote "Leviathan" in 1651 on his theory of sovereignty. Hobbes +thought that states are formed as the only alternative to anarchy, +barbarism, and war, so that supremacy and unity of a sovereign +power is essential to a civilized life and the protection of the +citizenry. A sovereign may be a man or body of men as long as his +or its authority is generally recognized. There must be a social +contract among the citizenry to obey a certain sovereign. To avoid +religious conflict, there must be a complete subordination of the +church to the state and the religion of a state must be dependent +upon its secular sovereign. Hobbes thought that knowledge of the +world came through experience and not reason alone. Only matter +exists, and everything that happens can be predicted in accordance +with exact, scientific laws. He regarded human societies as purely +mechanical systems set in motion by human desires. He saw self +interest as the mainspring of moral law. Conflicting self +interests transformed into a lawful system of agreements. Hobbes +opined that all power really originated in the people and that the +end of all power was for the people's good. + +On the other hand, James Harrington, who wrote "The Commonwealth +of Oceana" in 1656, opined that a stable society depended on a +direct relationship between the distribution of property and +political power; no one with property worth more than 2,000 pounds +should be allowed to acquire more and property should be divided +among children. A senate of mature property owners were to make +and debate the laws while an assembly elected by universal +suffrage was to vote on them because "a popular assembly without a +senate cannot be wise and a senate without a popular assembly will +not be honest". A third of the Senate would turn over every year. +John Milton defended the execution of the King in "The Tenure of +Kings and Magistrates" in which he maintained that the people may +"as often as they shall judge it for the best either to choose +him or reject him or depose him, though no tyrant, merely by the +liberty and right of freeborn men to be governed as seems to the +best". He also wrote in favor of liberty of the press. Ordinary +speech found its way into prose writing. + +Lands of more than 700 Royalists, including church lands, were +confiscated and sold or leased by county committees. Many +Royalists put their lands into trusts or turned them over to +relatives or sold them outright to prevent confiscation. It was an +upheaval comparable to the dissolution of the monasteries. Also, +specified Papists who had taken up arms against the realm lost +their lands and goods and money and rents and two-thirds of their +personal estates. But allowance was made for the maintenance of +their wives and children. + +The Book of Common Prayer was abolished because of its burdensome +ceremonies. It was replaced by a Directory for Public Worship. +According to this, the Sunday service was to include reading of +the Scriptures, prayer, and a sermon, ordinarily on some text of +scripture which would be explained with reasons therefore and +applied to peoples' lives so they could see it they had sinned or +not. The ending of episcopal patronage gave some parishes the +right to elect their own ministers. + +All festivals and holy days were abolished, e.g. Christmas, +Easter, Whitsuntide. Instead, scholars, apprentices, and servants +were to have recreation and stores were to be closed every second +Tuesday of the month. The usual merry-making, music, dancing, and +sports after the Sunday service were discontinued. + +A day for fasting: the last Wednesday of every month, was declared +by statute. This day was to be "kept with the more solemn +humiliation, because it may call to remembrance our sins, and the +sins of our forefathers, who have turned this Feast, pretending +the memory of Christ into an extreme forgetfulness of him, by +giving liberty to carnal and sensual delights, being contrary to +the life which Christ himself led here upon earth, ...". This +statute lasted for only five years from 1644 because observance of +it was not consistent throughout the country. + +Educational opportunities such as in grammar schools were more +widespread and stronger than ever before or since until the 1800s. +About 78% of men in London were literate, and 30% of men +nationwide. About half the women in London were literate by 1700. + +In 1645, the marshalls of the admiralty and five major ports were +ordered to search all ships for stolen children since it had been +a problem in London. + +The elderships of the church were given power in 1645 to suspend +from the sacrament of the Lord's Supper all ignorant and +scandalous persons. Ignorance was lack of knowledge that there is +a God and this is the one true God we worship, that this God is +one, yet three persons" Father, Son, and Holy Ghost, that God +created man in his own image, that all have sinned and therefore +shall die, that there is one mediator between God and man: Jesus +Christ, who died on the cross to save men from their sins, that he +rose from the dead, ascended into heaven, sits at the right hand +of God, and intercedes for us, that Christ and his benefits are +applied only by faith, that the souls of the faithful live with +Christ in blessedness, that non-believers and non-repenters shall +perish eternally, that the sacraments are baptism and communion, +and that the is a judgment day on which the righteous will be +given life eternal and the wicked shall receive everlasting +punishment. Scandalous persons are those who blasphemously speak +or write anything of God, his holy work or the sacraments; an +incestuous person; an adulterer; a fornicator; a drunkard; a +profane swearer or cursor; a murderer; a worshipper of images, +crosses, crucifixes, relics, saints, or angels; makers of images +of the trinity; one who professes not to be in charity with his +neighbor; any challenging another to fight or accepting such +challenge; on the Lord's day, dancing, dicing, cards, masking, +wake, shooting, bowling, football, wrestling, plays, interludes, +fencing, bullbaiting, bearbaiting, hawking, hunting, coursing, +fishing, fowling, selling wares, travel without reasonable cause; +brothel-house keeper, one who solicits the chastity of another; +one who consents to the marriage of his child to a Papist or +marries a Papist; own who goes for advice to a witch, wizard, +fortune-teller; assault his parents, or any magistrate, minister, +or elder in the execution of his office; one attainted of +barratry, forgery, extortion, or bribery. If such a person +persists, he shall be excommunicated. + +Cromwell did not disapprove of activities prohibited because of +the recreation they provided, but thought that they had become too +central to people's lives. He did not close the taverns or ale +houses. + +In 1653 it was required that public preachers be approved by a +commission nominated by the Lord Protector and Parliament because +there had been too many "weak, scandalous, popish, and ill- +affected" ones. In 1654 named persons were ejected as scandalous, +ignorant and insufficient ministers and schoolmasters. + +In 1649 a corporation was established to teach the Gospel of Jesus +Christ in New England to Indians. + +Because the poorer parishes of London were having problems +supporting their poor, a Corporation for the poor of London was +established in 1647 with authority to erect workhouses and houses +of correction. + +Imprisoned debtors who had less than five pounds and less that +five pounds worth of trade tools and clothing and bedding for his +family were ordered released in 1649. + +Wardship was abolished. Military tenures were abolished. Feudal +tenures were converted into freehold in 1646. + +In 1653 those living in Crown forest land were given free socage +in that land. The game laws were not enforced, so people could eat +deer. + +Enclosures were increasing and Parliament was disinclined to +protect copyholders against enclosures, favoring those with rights +of ownership. Enclosure was no longer deterred especially after +abolition of the Star Chamber. The legal device of "strict +settlement" evolved to prevent heirs from breaking up estates +enabled families to concentrate land and capital into large units. +The oldest son inherited the land and the younger sons now +received money. Clover seed was sold in London by 1650. It +revolutionized the cultivation of barren land. England began to +export instead of import grain. But vagrancy increased from people +dispossessed of land. And the village artisan, when deprived of +his field and of this rights of common, could not continue to work +at home, but had to accept the wages offered to him in an +employer's workshop. + +Employers and entrepreneurs were now free from control by the +Crown. There were no more attempts to supervise quality of +manufactures or to fix prices or regulate wages. There was greater +freedom established in relations between employers and workers. +The government no longer tried to compel employers to keep +employees in times of economic slump. The requirement of seven +year apprenticeships and being the son of a freeholder to be an +apprentice were not enforced. + +The economy was still volatile due ostensibly to variable +harvests, amount of gold and money in circulation, and balances of +trade, and to periods of plague. Wages rose steadily. The rise in +prices ended about 1650, and prices remained stable until about +1775. There was more mobility of people. Taxation became regular +and it was controlled by representatives of the taxpayers. +Population growth gradually stabilized. + +Capitalism was coming into being. For instance, the clothier was +now a manufacturer. He had become a contractor, taking wool to the +specialist spinner, the yarn to the specialist weaver, the rough +cloth to be washed and stretched, and finally to the dyer. This +cloth was sold at retail by the drapers. Tin on the surface was +exhausted, so capital was used to drive deep shafts in tin mines. +No longer did a single man with a single ship sail around until he +found a market, but company trading overseas had their ships, +wharves, and depots furnished by men's savings put into a common +stock. The first major capitalist industries were coal mining, +iron mining, and foreign trade because they all needed large +investments, and thus joint-stock company organization. + +Cromwell reconstituted the East India Company on a wider and more +permanent basis. He gave it a new charter in 1657 which included +authority to make stock permanent, thus ensuring a continuity of +capital. This solved the problem of the competition of overlapping +voyages which still occurred despite their terms of several years. +The company became one of the first permanent joint-stock +companies. Now the stock was never wound up. The Company had +permanent capital which could grow. The absence of competition +among voyages made the Company stronger in the face of a common +enemy, such as a rival trading county or Indian groups. The +charter also authorized the company to fortify and colonize any of +its establishments and to transport to them settlers, stores, and +ammunition. + +Later in 1657, the Company threw open the freedom of the Company +to the public for a nominal sum of five pounds. Now the Merchant +Adventurers and private traders could participate. It provided +that dividends were to be paid only in cash and not in kind +(goods). It also provided for appraisals of the Company's property +to be made every three years, so any shareholders could redeem +their shares proportionately. His shares would then be resold. +People began to buy and sell their shares among each other. The +Company made the minimum subscription 100 pounds. Each person +holding 500 pounds worth of shares had one vote. Holding 1,000 +pounds worth of shares qualified one for election to the committee +of twenty-four. The seats of the members of this committee and of +the Governor and Deputy Governor could no longer be permanent, but +had limited and staggered terms. The continuity of capital took +the place of the permanence of the governing body in providing +stability. There was a regular scale of salaries for employees, +and rules of conduct such as the one disallowing any clerk of the +India House from going to play houses, dancing schools, or +taverns. The Company established almshouses for its widows and +orphans. + +In 1657 the Muscovy Company, renewed its charter for trade in +Russia and established a New General Stock. If a man bought a +share, he bought freedom of the company. An annual dividend was +declared from the annual profits. + +Commercial men regularly kept accounts with bankers. Merchants +used division to apportion profits or losses to the parties whose +capital was involved. Simple and compound interest were used. The +concept of contract became a familiar one. + +Regular private bankers of London emerged from the Goldsmiths from +1640 to 1675. They issued bank notes and paid checks. + +Cromwell increased trade by seizing territories, establishing +colonies, and warring with competitors for master of the seas and +trade. In 1649 it was provided that no one who paid his assessment +for soldiers' pay would have to quarter any of them. + +Authority was given in 1649 to impress seamen: mariners, sailors, +watermen, surgeons, gunners, ship carpenters, caukers, coopers, +whoymen, and carmen for carriage of victuals. + +English ships were embellished with decoration. Their sail area +was increased by triangular fore and aft sails. The Navy increased +from 39 to 80 vessels. + +After serving in foreign wars, ex-soldiers were allowed in 1654 to +practice any trade without serving a seven year apprenticeship. + +Colonies New Hampshire and Maine were established in 1635, +Connecticut in 1636, and Rhode Island in 1638, as offshoots from +other colonies. + +About 1650, steel was hardened by repeated quenchings and +temperings when the steel had reached certain colors. Brass was +made from copper and zinc alloyed together. + +There were power-driven rolls for the coinage from 1657. Strips of +silver were passed between engraved rolls. Then coins were punched +out and their edges serrated. + +In the 1650s, Huygens invented the pendulum clock, which increased +the accuracy of time-keeping tenfold. + +There was a thermometer which used liquid such as water or alcohol +in a glass tube instead of air. + +Dutchman Stevinus showed that the pressure at the bottom of a +column of liquid is proportional to the height of the column, and +not to its bulk, about 1634. He also studied oblique forces, and +the balancing of such that could bring about "stable equilibrium". + +At a time when mathematics was only a business of traders, +merchants, seamen, carpenters, and surveyors, mathematician John +Wallis, the son of a minister, studied sections of cones as curves +of the second algebraic degree. He worked with negative and +fractional exponents. Around 1655 he invented the infinite +arithmetic and introduced the symbol for infinity. He determined +that the area under any curve defined by the equation y = (x to +the nth power), was x to the (n+1)th power divided by n+1. , + +Blaise Pascal, a French mathematician, physicist, and religious +philosopher, constructed a calculator in 1644 to assist his +father, who was involved in local administration, in tax +computations. Around 1646, he proved his law that pressure applied +to a confined liquid is transmitted undiminished through the +liquid in all directions regardless of the area to which the +pressure is applied. Around 1653, he laid the foundations for the +theory of probabilities, including the creation of "Pascal's +Triangle" of coefficients of (a=b) raised to the nth power. He and +lawyer and mathematician Pierre Fermat invented the theory of +probabilities. Fermat also proved that the law for refraction +(bending) of light results from light's following the path that +takes the shortest time. He founded number theory. Fermat +formulated the notion of a line tangent to a curve and started the +development of differential calculus, in which a rate of change is +expressed as a function of time in equation form and also as a +tangent to the curve associated with that equation.. This work +helped lay the foundation for analysis. He and German Gottfried +Leibniz formulated the principle that an equation with two unknown +quantities can represent a curve. Leibnitz believed that man's +mind can arrive at truths about entities by pure thought. + +Since the Puritans forbade music in churches, but enjoyed it in +domestic circumstances, much secular music was composed, +published, and played. There were many musical clubs. The violin +became very popular. Solo songs were much sung. The first English +opera: "The Siege of Rhodes" was written and performed with women +on stage. Writers of the time included John Milton, political +philosopher James Harrington, poet Edmund Waller, Thomas Fuller, +poet Abraham Cowley, and biographer Issak Walton. John Aubrey +wrote anecdotes about famous men. Jeremy Taylor, chaplain to +Charles I, wrote on theology. People still read French romances +translated into English. Dancing was still popular. Coffee houses +came into prominence as places of social discourse. The first +coffee house was established in London in 1652; ten years later, +there were 82 coffee houses in the City. There were elegant +pleasure gardens, with a fee for access. They were used for +promenades and picnics. Ladies and their gallants rendezvoused +there. Cromwell introduced the habit of port drinking to England. + +In 1657, one general Post Offices was established with one +Postmaster General for all of England. No other person could have +the horsing of the through-posts. It cost 2d. for a letter to or +from 80 miles of London and 3d. for one outside 80 miles of +London. + +There was continual problem with Catholics. Where Papists or +others had caused rebellion and insurrection and plundered, +robbed, pillaged, murdered and raped, mayor, Justices and capital +burgesses of such towns were given the power in 1642 to call, +assemble, train, and arm soldiers for defense. The Committee of +the Militia of London was given authority in 1647 to search all +houses and places for Papists and to search for and seize any +arms, ammunition, and war materials in custody of such persons. In +1648, all Papists and soldiers of fortune who had borne arms +against Parliament were ordered to depart from within twenty miles +of London and Westminster or be imprisoned as traitors. In 1657 +convicted Papists and people marrying convicted Papists were +required to take an oath renouncing the pope and Catholic Church +or lose two-thirds of their lands and estate, retaining their +house on the remaining one-third. If one went to mass in an +ambassador's house, the fine was 100 pounds and imprisonment for +six months, one half going to the informer. In 1659 all +householders in London and Westminster had to give a list of +persons lodging in their house, and the horses and arms there. But +the laws against Catholics practicing their religion were not +rigorously enforced, nor were those against adherents of the +formerly established Church of England. + +The Society of Friends was founded by the son of a weaver. They +greeted everyone as "friend" and did not bow, remove their hat (as +was the custom when before the king or an earl), or otherwise show +any reverence to anyone. From 1650, they were called Quakers +because they trembled when religiously stirred. They reverted to +the ancient "thou" and "thee" appellations. Their dress was +particularly simple, with no buttons, lace, ruffles, or +embroidery. They hated ritual so much that they rejected baptism +and communion. They did not observe the sabbath as a special day +different from other days. They derided the holiness of churches. +No clergy were admitted into their sect. When they met for divine +worship, each rose to deliver extemporaneous inspirations of the +Holy Ghost. Women were admitted to teach the brethren and were +considered proper vehicles to convey the dictates of the spirit. +Quakers believed that every man, in his own life, could be fully +victorious over sin. The denied any clerical authority and all +texts. They believed in the separation of church and state. They +refused to swear to any oath, e.g. in court, or to participate in +war. They refused to take off their hats to anyone but God. It was +their practice to turn the other cheek when one cheek had been +struck. If asked for his cloak, a Quaker would give it. He never +asked more for his wares than the precise sum which he was +determined to accept. The Quakers developed a value of making +provision for children from a first spouse when remarrying. They +carefully selected masters and mistresses who wanted to take on +child apprentices for their suitability for such responsibility. +The education of Quaker women did not decline, as it did for other +women. From the fervor of their zeal, the Quakers broke into +churches, disturbed public worship, and harassed the clergyman and +audience with railing and reproaches. When brought before a +magistrate, they show no reverence but treated him as an equal. +Sometimes they were thrown into mad house or prisons and sometimes +whipped or pilloried. They endured stoically under this suffering. +Mary Fisher from Yorkshire introduced Quakerism to New England. + +In 1653 there were separation agreements between spouses as to +property, e.g. support and maintenance. + +Cromwell had bad experiences with Parliaments. The Rump Parliament +was a remnant of the Long Parliament. The army and then Cromwell, +although a member, came to believe that its members were self- +interested, preoccupied with perpetuating themselves in seats of +power, and corrupt. They thought that their own hopes of reform in +the law, in the church, and in public finances were being +deliberately frustrated. Cromwell came to doubt that it would ever +give the people adequate government and protection. He started to +believe that one man as chief executive could do this better. +Cromwell dismissed the Rump Parliament in 1653. A new constitution +created a Puritan "Parliament of Saints". These men were nominated +in various ways, such as by church parishes, and selected by +Cromwell. This one-house Parliament of Saints in 1653 made +Cromwell Lord Protector for life with executive power of the +state, with responsibility for making peace and establishing order +after a decade of civil strife and political chaos. He was to +administer the government and be the chief magistrate. It also +provided for triennial Parliaments (consisting of one house), and +religious freedom for all except Roman Catholics and adherents of +the formerly established Church of England. Cromwell did not +tolerate the ritual of the formerly established English church nor +allow any of its adherents to have any office under him. His was a +purely Puritan government. He did not sell offices. The Parliament +of Saints challenged many vested interests in property such as +sales of delinquents' and Papists' lands. It clashed severely over +the continuation of tithes to the church. It became disorderly +when some declared the Parliament dissolved and left. Others +remained in their seats. To avoid a Parliamentary crisis, Cromwell +had soldiers close the Parliament of Saints and lock its doors. +The people supported this action because they were dissatisfied +with the state of public affairs. The next Parliament that was +tried was elected on a new constitutional basis of men with 200 +pounds, but these men voted to make Parliament sovereign without a +chief executive, thereby abolishing the protectorate. Cromwell was +distressed that this Parliament had also voted themselves to be +the sole determinors of atheism and blasphemy instead of advancing +liberty of religious conscience and religious toleration as +Cromwell had advocated. dissolved this Parliament, declaring that +it was not acting for the public good. A last Parliament was also +dissolved by Cromwell for tending to loosen the bonds of +government and thereby threatening the peace of the nation. + +Cromwell had first ruled as a democratic leader who did not +believe in force, but preferred to persuade with reason. He +initially believed that people would do the right thing according +to their consciences, but was disillusioned and then became +autocratic. He came to rule as a military dictator. Payment of +taxes was enforced by distraint. After 1654, he issued about 100 +proclamations covering public amusements, roads, finances, the +condition of prisons, the imprisonment of debtors, banning of +dueling and cockfighting, law reform, control of religion and +education, and reorganization of the army. The singing of ballads +was banned. The Court of Chancery was reformed by proclamation. +The established church was reformed and the power to interfere +with different faiths was denied to it. Each parish could choose +its form of service, whether Presbyterian, Congregational, +Baptist, or any other seen as fundamental by the Puritans. No one +was compelled to attend any particular church or to accept the +discipline of any particular minister. But the Book of Common +Prayer was forbidden. There was freedom of worship for +Presbyterians, Independents, Baptists, Quakers, Catholics, and +Jews (who had secretly migrated to England to avoid persecution on +the continent), but not Prelatists (those favoring government of +the church by bishops). + +In 1655, Cromwell placed major generals in charge of eleven newly- +established provinces. As their Governors, they had authority to +levy troops, exact taxes imposed by the Protector, disarm +Royalists and Catholics, examine into the conduct of the clergy +and schoolmasters, arrest dangerous and suspicious persons, and +prevent unlawful assemblies, and to enforce the existing laws +against immorality and blasphemy. The only appeal was to the +Protector. Since they were Puritans, they ordered public ale +houses to close as dusk, banned idlers, minstrels, and actors, +forbade exercising of horses on Sunday and the holding of markets +on Saturday as well as Sunday, censored the press, and proscribed +newspapers. Horse races, which meetings were used for seditious +purposes, were closed. Theaters were closed. Dancing was +discontinued. Organs and choirs in churches prohibited. Court +masks continued because they provided soothing music. After a +year, Cromwell withdrew the major-generals. From this time, men of +property hated the idea of a standing army. + +In 1657, the officers of a new Parliament modified the +constitution and Cromwell approved it, to secure liberties of the +people as they never before had. Under the modified constitution, +there were again two houses. The Commons regained its old right of +exclusively deciding on the qualification of its members. +Parliamentary restrictions were imposed on the choice of members +of the Council, officers of state, and officers of the army. A +fixed revenue was voted to the Protector. No moneys were to be +raised except by consent of Parliament. Liberty of worship was +guaranteed to all except Papists, Prelatists, Socinians (who +denied the divinity of Jesus), for those who denied the +inspiration of the Scriptures. Liberty of conscience was secured +for all. In 1658, Cromwell tried another Parliament, but dissolved +it because it wrangled without resolution. + +After Cromwell died, the people demanded the return of a genuine +and free Parliament. The old constitution was restored and a new +House of Commons was elected. It called Charles II to return to be +king if he promised religious freedom and backpay to the army, +which had not recently been paid. When Cromwell's Puritan soldiers +were disbanded, they did not drift into thievery as royalists +soldiers had before, but took up honest work such as baker, mason, +brewer, baker, or haberdasher. Puritanism now made itself felt not +by the sword, but in literature and politics. It affected the +character of the English, who tend to be stoics, and imbued +capitalists with a hard-working attitude. + + + + - The Law - + +After the civil wars, the law against enclosure was not enforced. + +What was passed in Parliament in Cromwell's time were called +statutes, but after Cromwell's time, these statutes were not +recognized as legitimate. + +"whereas Public Sports do not well agree with Public Calamities, +not Public Stage-plays with the Seasons of Humiliation, this being +an Exercise of sad and pious Solemnity, and the other being +Spectacles of Pleasure, too commonly expressing lascivious Mirth +and Levity ... Public Stage Plays shall cease, and be forborne +instead of which are recommended to the People of this Land the +profitable and seasonable considerations of Repentance, +Reconciliation, and Peace with God, ..." + +No book or pamphlet may be printed, bound, stitched, or sold or +imported unless licensed and entered into the Register Book of the +Company of Stationers. Officials of this company and of Parliament +may search all places which they shall think meet for all +unlicensed printing presses and all suspected printing houses, +warehouses, and shops and other places for unlicensed books and +pamphlets and papers and seize them and apprehend all authors, +printers, and other involved people and bring them before +Parliament or the Committee on Examinations for punishment. +Justices of the peace and other officers may order doors and locks +broken for this purpose. The fine is ten pounds for authors, five +pounds for printers, two pounds for booksellers, and one pound for +buyers who conceal a book bought. One half of each fine shall go +to the person who discovers and prosecutes the offender, and the +other half shall go to the poor. This law suppressed royalist +newspapers but was enforced only with great difficulty. + +All shall observe Sunday and days of Thanksgiving in their "duties +of Piety and true Religion publicly and privately" and none may +sell wares or goods, including fruit or herbs upon pain of +forfeiture of such. None may, without reasonable cause, travel, +carry burdens, or do any worldly labors or work whatsoever or pay +a fine of 10s. This work shall include grinding grain, fulling in +mills, burning turf or earth, gathering taxes, melting wax for +candles, brewing, baking, butchering cattle, tailors fitting or +carrying clothes, barbers trimming hair, being present at fairs or +markets, or washing, whiting, or drying clothes. Nor may any one +maintain or be present at wrestlings, shooting, bowling, ringing +of bells for pleasure or pastime, masks, wake, church-ale, +dancing, games, sport or, for those over 14, forfeit 5s., and for +those having care or education of a child under 14, 12d. Maypoles, +a "Heathenish vanity, generally abused to superstition and +wickedness", shall be taken down by officers or forfeit 5s. per +week. If any offender can't pay his fine, he shall be put in the +stocks for three hours. However meat maybe dressed in private +families, and victual sold in inns and victualling houses in a +moderate way, and milk sold before 9a.m. or after 4p.m. + +Persons of the trinity, angels, or saints shall be demolished. +Altar and communion tables must not be raised but leveled. There +may be no copes, surplices, superstitious vestments, or holy water +fonts. There may be no crosses, crucifixes, pictures of the +trinity, angels or saints on plates. All organs must be taken +away. + +The fine for using the Book of Common Prayer is five pounds for +the first offense, ten pounds for the second offense, and one year +imprisonment without bail for the third offense. The penalty for +writing or preaching against the Directory for Public Worship is +five to fifty pounds. + +Blasphemies and heresies such as teaching or writing or printing +that there is no God, that God is not almighty, that Jesus was not +divine, that the resurrection of Jesus did not occur, that the +Bible is not the word of God, or that there is no judgment day +after death, are felony without benefit of clergy. If such an +offender recants, he shall stay in gaol until he obtains two +sureties. If he offends again after recantation, it is felony +without benefit of clergy. + +In 1650 adultery was declared to be a felony, except if the +husband had been beyond the seas for three years or had been +reputed to be dead. Incest was also declared to be a felony. It +was defined as marrying or having carnal knowledge of one's +grandparent, parent, sibling, mother's brother or sister, father's +wife, mother's husband, son's wife, daughter's husband, wife's +mother or daughter, or husband's father or son. Fornication was +given a punishment of three months imprisonment and until security +was obtained for one year for good behavior. It was defined as +carnal knowledge of a virgin, unmarried woman, or widow. A common +bawd or one keeping a brothel or bawdy house was to be whipped, +set in the pillory, marked in the forehead by a hot iron with the +letter: B, and then imprisoned for three years without bail and +until there were sureties for good behavior for life. The second +offense was felony without benefit of clergy. There was to be no +corruption of the blood. However, juries were reluctant to convict +for adultery and incest. + +There shall be no profane swearing or cursing of forfeit by a lord +30s., a baronet or knight 20s., an esquire 10s., a gentleman +6s.8d., and all others 3s.4d.There is a double fine for the second +offense. For the tenth offense, the offender shall be bound by +sureties for good behavior for three years. + +A person equating himself or another with God or not believing in +God shall be imprisoned for six months without bail. For the +second offense, he shall be banished from the nation. + +No longer shall people be punished for nonattendance at church on +Sunday or days of Thanksgiving, but may be at some other place of +prayer, preaching, reading, or the scriptures. + +Hawkers and ballad singers have been libelous, so are to be +whipped as common rogues and then dismissed. Also, their ballads +and pamphlets are to be confiscated. Vagrant, idle, loose, +dissolute and disorderly persons and fiddlers in inns, alehouses, +and taverns are to be punished as rogues, vagabonds, and sturdy +beggars, that is, whipped. + +In 1649, treason against Parliament was defined as writing, +printing, or declaring that the government is tyrannical, usurped, +or unlawful or that Parliament is not the supreme authority or the +nation, or plot, contrive, or endeavor to stir up or raise force +against the government. Attainder for such would not work +corruption of the blood. + +Treason to the Protector was defined the same as it was to the +King. + +Army deserters are to be corporally punished or executed. + +Fellable wood and underwood, but no timber trees, may be cut +within 60 miles of London because fuel is needed, especially by +the poor. This will be supervised by overseers appointed by +Parliament. + +No one may import foreign hats or hatbands to relieve that +industry in England. + +As of 1656, certain food could not be exported when the prices of +such exceeded a stated amount. For instance, 5 pounds for a 36 +gallon barrel of beef, 6d. for a pound of bacon, 4 pounds and 10s. +for a 224 gallon barrel of butter, and 24s. for 64 pounds of rye, +pease, or beans. The customs for such items was more for +foreigners than for natives, for instance 3s. for natives and 5s. +for foreigners for a barrel of beef. + +Butter for sale must not be corrupt and be properly weighed. + +One must obtain a license to buy wheat or other grain and put it +to sale in meal or flour or forfeit three times the value. + +All books of the law, writs, pleadings, and patents shall be in +English or forfeit 20 pounds. + +No deer may be killed or forfeit 15 pounds, half to the informer +and half to the poor. + +Interest may not exceed 6 pounds for a loan of 100 pounds yearly +as of 1651. + +No goods are to be imported from America, Asia, or Africa except +in English ships or forfeit all goods and the ship, one half of +which goes to the one who seizes the goods and prosecutes. None +may be imported from Europe except in English ships or ships from +the country of origin of the goods. No salt fish may be imported +or exported but in English vessels. + +There is a 10 pound reward for discovery of highwaymen and +burglars or persons who break and enter into houses and there use +violence. + +No cart or wagon or carriage on the road may be drawn by more than +five horses or six oxen and a horse except for military vehicles. + +Notice of intended marriages shall be published once a week for +three weeks in a public meeting place called church or a public +market place next to church. Exceptions to the marriage shall be +noted by the Register and considered by the Justice of the Peace +before the marriage is performed. The words used shall be: +"...promise to be unto thee a loving and faithful husband..." and +"promise to be unto thee a loving, faithful, and obedient +wife...". + +There shall be no cock-fighting because it disturbs the peace and +usually is accompanied by gaming, drinking, swearing, and +quarreling. + +Anyone challenging or accepting a challenge to duel shall be +imprisoned for six months without bail, and must acquire two +sureties for a year. Anyone fighting a duel in which death ensues, +shall be banished for life. + +Horse races were forbidden in 1654 for six months to discourage +mischievous plots and designs by enemies of the state. The penalty +was forfeiting the horse. Attendees were to be brought to justice. + +As of 1657, a house or building built within ten miles of the +walls of the City of London not having at least four acres had to +pay a fine of one year's rent. All houses within London or +Westminster or the suburbs must be brick or stone, and built +straight up without protruding into the street or forfeit 100 +pounds. + +As of 1657 persons living extravagantly without visible estate or +calling may be made by Justices of the Peace to acquire sureties +for good behavior or go to gaol. They would also be sent to the +house of correction to work for three months for the first offense +and for a time specified by the Justice of the Peace for the +second offense. + +Anyone winning at betting or playing at cards, dice, tennis, and +horse races shall forfeit double his winnings. + +Excluded from pardon were buggery with man [sodomy] or animal +[bestiality], carnal ravishment of women, and bigamy. + +Drunkenness was much punished. + +Husbands were responsible for their wives' oaths and fathers for +their daughters'. + + + + - Judicial Procedure - + +The Protector is the supreme magistrate of the Commonwealth, with +power to pardon all crimes, except murder and treason. + +Parliament was no longer a court. + +Use of the torture was proscribed in 1649. + +In 1652, the justices were given a salary of 1,000 pounds and +forbidden to take fees or rewards. They also got tenure, thus +freeing them from government pressure. Now civil justice was +honestly dispensed and justices were learned and honest. + +The jurisdiction of Admiralty court was defined to include: ships +and vessels with tackle, apparel and furniture thereof; repairing, +victualling, and furnishing provisions of ships and vessels for +sea; all cases of bottomry [ship-owner indemnified if the vessel +were lost, but paid over a substantial share of the profits if it +reached its destination safely], contracts beyond the seas +concerning shipping or navigation; charter, parties, contracts for +freight; bills of lading; mariners wages; damage of goods on board +ships; and damage by one ship to another including by anchors or +want of laying buoys. It did not include contracts between +merchants. + + + + + + - - - Chapter 17 - - - + + + + - Times: 1660-1702 - + +The monarchy was restored and Charles II came to the throne. The +episcopacy of the bishops and the Book of Common Prayer were +restored. This book retained all its ceremonies, despite +opposition by the Presbyterians. The confiscated Royalist, church, +and Crown lands were ordered to be restored, and most were. +Charles II was presented with the traditional rights of choosing +his own Privy Council, ministers of state, and justices; making +foreign policy; controlling the armed forces; and approving +statutes. He was also presented with the power to call and dismiss +Parliament, but later, in 1694, a statute required that Parliament +be held at least once every three years, to avoid royal schemes of +non-parliamentary government. The House of Lords was reestablished +and there were again bishops in it, though fewer than before +(about 1/8 instead of about 1/3). There were 160 peers for the +next century. The House of Commons was elected in the usual way, +but without a king's writ. The Commons was composed mostly of +royalist established church members. Its leaders were important +members of the King's Privy Council. + +The feudal tenures of the crown, such as knights' service, were +converted into free socage. They were discharged of homage, +reliefs, escuage, and aids. Charles relinquished purveyance, +wardships, and forfeitures of marriage. In return, Parliament +granted him a fixed yearly income of 100,000 pounds from excise +tax on beer, cider, and tea. + +Several hundreds of dissenter ministers and school teachers were +ejected, but later those who were not Baptists were returned by +statute of Parliament. (Baptists did not believe in an established +church.) + +Charles II was an easygoing and kindly man and hard to ruffle. He +had a weariness in the folly of men and a cynical disbelief in +human virtue. His wit and great sense of humor softened many a +potentially tense situation. His restoration to the throne brought +in a time of enjoyment of life in reaction to the Puritanism of +before. At his succession, the elected Parliament was oriented +toward royalty and the established church. He was voted an income +of 1,200,000 pounds a year. He also sold many of the last crown +lands. But he always had great debts, which he described as a +"desperate but not serious" situation. This was in part due to his +generous maintenance of several successive mistresses and more +than about a dozen illegitimate children. His entourage also +included physicians, surgeons, a librarian, a poet laureate, +chaplains, painters, an historiographer, musicians, a royal +composer, and an astronomer. Charles even joked on his deathbed +that "I am sorry gentlemen, for being such an unconscionable time +a-dying." + +The day of Charles II's restoration and birthday was designated as +a day of thanksgiving when all were to participate in prayers and +the singing of psalms at some church or other suitable public +place. + +Charles initiated the return of Sunday afternoon wrestling, +archery, music, and dancing. Theaters reopened with actresses +playing women's parts, an audience only in front of the stage +instead of around it, a drop curtain, and painted two-dimensional +scenery. Actresses were allowed pursuant to royal proclamation so +that plays should become "useful and instructive representations +of human life" rather than "harmless delights". Charles went to +plays regularly. Actresses were assumed to be mistresses of +patrons in return for their jobs, but one fourth were actually +chaste women married to actors. Comedies were the preferred plays. +Courtesans were sympathetically and even admirably treated in +plays, which mocked all restraints and glorified immorality with +the exception of pornography, which was banned. Bad actors were +hissed off the stage. Henry Purcell wrote religious music for +churches, ceremonial music for the English court, and theater +music for English opera. Opera made music a vehicle for human +emotions. The gentry sang to the lute and danced to string +instruments. Many owned and played musical instruments. Humble +people had folksongs and instruments like the pipe and tabor for +dancing. Singing in parts was popular in town and country. In 1672 +John Banister started the first regular series of public concerts +in his house. There were lovely formal gardens in which to walk, +to see fireworks, and to buy the new ice cream. Charles did much +garden and park planning and let the public enjoy the royal St. +James Park. He loved hunting too and had the royal forests +replenished with deer after poaching during the Cromwell era had +greatly reduced their numbers. + +Charles II introduced sailing and yacht racing for pleasure. He +also participated in and promoted horse racing. The breeding of +thoroughbred horses began with breeding to Arab mares. Gelding +horses were now preferred over stallions. There were trotters, +cart horses, and some "fast" race horses. Boxing (with no gloves +nor ring) was a national sport. Ice skating with iron blades was +popular. Valentine's day was celebrated. Italian puppet shows +played in London. + +Dress returned to elaborateness. Gentlemen wore Cavalier-style +long wigs with curls, despite the church's dislike of wigs. This +could hide the short hair of a former Puritan Roundhead. In 1666, +Charles introduced a new mode of inexpensive court dress which was +made entirely from English textiles. This gave rise to gentlemen's +weskits to below the knee with a coat of the same length and full +sleeves. Stockings and shoes replaced the long fitted boots. +Charles set a court tradition of men wearing a scarf tied around +the neck. Ladies often wore their hair in masses of ringlets with +little corkscrew curls on each side of their heads, and later +piled their hair up elaborately on their heads. They wore satin or +silk dresses fitted at the waist with a pointed bodice, and full +skirt. The shoulder line was low and the sleeves full and open at +the front with fastenings of jeweled clasps. The only fast colors +were reds, blues, purple, and yellow, but not green. They kept +their hands warm in muffs. Women wore perfume, rouge, and face +patches. Some women put on a lot of make-up. Many men dressed +effeminately with rouge, face patches, heavily scented clothing, +muffs, and many ribbons of many colors. The facial beauty patches +were in shapes such as stars, crescent moons, and hearts; they +diverted attention from the common smallpox scars. There were +Oxford shoes, which laced up the front through eyelets. The +members of the House of Commons dressed like the gentry and +assumed their manners. There was exaggeration in all complimentary +and ceremonial language. + +The gentry were beginning to be thought of as a "squirearchy". +They owned about half the land of the country. + +The population according to class was as follows: + +Number of Social Ranks, Household Household +Households Degrees, Titles size yearly + income + in pounds + + 160 Temporal lords 40 3,200 + 26 Spiritual lords 20 1,300 + 800 Baronets 16 880 + 600 Knights 13 650 + 3,000 Esquires 10 450 + 12,000 Gentlemen 8 280 + 5,000 Persons in greater offices and places 8 240 + 5,000 Persons in lesser offices and places 6 120 + 2,000 Eminent merchants and traders by sea 8 400 + 8,000 Lesser merchants and traders by sea 6 198 + 10,000 Persons in the law 7 154 + 2,000 Eminent clergymen 6 72 + 8,000 Lesser clergymen 5 50 + 40,000 Freeholders of the better sort 7 91 +120,000 Freeholders of the lesser sort 5.5 55 +150,000 Farmers 5 42.5 + 15,000 Persons in liberal arts and sciences 5 60 + 50,000 Shopkeepers and tradesmen 4.5 45 + 60,000 Artisans and handicrafts 4 38 + 5,000 Naval officers 4 80 + 4,000 Military officers 4 60 + 50,000 Common seamen 3 20 +364,000 Laboring people and out-servants 3.5 15 +400,000 Cottagers and paupers 3.25 6.5 + 35,000 Common soldiers 2 14 + 25,000 Vagrants, as gypsies, thieves, beggars + +As can be seen, agriculture is still the most common occupation. + +Great houses now had a central dining chamber [saloon] for dining, +with sets of lodgings [suites], usually for couples, around it. +Each lodging had an ante-chamber and/or drawing room, and then a +bedchamber, off of which there was a servant's room and a closet +[cabinet]. No longer did personal servants bed down in the drawing +room or outside their master's door or in a trunkle bed at his +feet. The servant's room was connected to a back staircase for use +by servants. Secret guests also used it. The closet room was the +innermost sanctum for privacy and gave its name to the later +cabinet of the government. + +There were fewer servants and they were of a lower social status +than before. They were often sons of merchants, clergymen, and +army officers. Gentlemen no longer advanced by service to a great +man, but instead through grammar school and university education, +commerce, the law, or the armed services. This change came about +because the state now maintained reasonable law and order. There +were more female servants, who were paid less to cook and to clean +as well as doing laundry and nursing. Servants were kept more in +the background, preferably out of sight. The elaborate ceremonial +ritual with sewer, carver, and cupbearer was gone. A butler +replaced the yeomen of the buttery, ewery, and pantry, and footmen +began to wait on the table at which the lord, his lady, and other +couples sat. Servants no longer had meals in the hall, which now +had a grand staircase up to the dining chamber. The highest +servants, the officers: clerk of the kitchen, clerk of the check +[comptroller], head cook, butler, and groom of the chambers, and +female housekeeper ate in the gentleman-of the-horse's room, +although at a separate table. The kitchen staff ate in the +kitchen. The footmen, underbutler, porters, coachmen, grooms, +stable-boys, gardeners, maids ate in a servant's room. The steward +was no longer the chief household officer, but had a room near the +kitchen. The bulk of the servants slept in the basement or +subordinate wings of the house. + +Great houses of nobles had more rooms, such as a chapel, library, +parlors, dressings rooms, and galleries; there was a variety of +architectural floor plans. The structure of a noble household of +an earl was as follows: The chief official was the receiver +general. He had financial responsibility for the household and +prepared accounts for the household and for the tenants' estates. +These were checked by an auditor. The receiver general was often +the son of a country gentleman and had a salary of 50 pounds +raised to 100 pounds with longevity. He had a servant and an +assistant. If married, he had a house on the property. There was +perhaps an attorney on retainer [paid for a certain number of +hours per week or month}. The gentleman of the chamber [privy +purse] kept the accounts of the family and bought them apparel and +toiletries. He was in close personal attendance upon the earl. His +salary was 20 pounds a year. Besides the receiver general and the +gentleman of the chamber, the tutor and chaplain had the closest +personal contact with the family. The lady had a gentlewoman with +a maid servant. The receiver general supervised most of the staff. +There was a steward of 40 pounds a year. He supervised a clerk of +the kitchen and a house bailiff of 20 pounds a year. The bailiff +had responsibility for the produce of the estate, e.g. the +gardens, the deer park, and the fish ponds. Under the clerk of the +kitchen was the cook man and kitchen boys, the latter of whom were +clothed and fed but not paid. The steward also supervised the 4 +pound yearly porters, who kept the gates; the watchmen outside; +and the head housekeeper, usually a woman of 2 to 6 pounds yearly. +She supervised the laundry maid and general maids, who spent much +of their time sewing. The steward was also responsible for the +wine cellar. A dozen footmen belonged partly to the house and +partly to the stables and received 2 to 6 pounds yearly. They +waited on the lord and lady in the house and accompanied them in +travels and did errands for them. The gentleman of the horse +supervised the stables, coach, dogs, kennels, and 16 pound yearly +huntsman. Boy pages also worked partly in the house and partly in +the stables. They were clothed and fed, but not paid. The head +gardener received 80 pounds for tending the flowers, vegetables, +and fruit trees. He had casual workers as needed to assist him. +The steward was also responsible for the London house. Here there +was a housekeeper, a watchman, and a 40 pound a year gardener, all +there permanently. When the lord was there, bargemen were employed +for his barge. The salaries for the family estate totaled about +600 pounds a year. Sometimes married sons' or daughters' families +stayed for months at the family estate; then they would pay for +their part of the food. + +Well-to-do people drank imported tea and coffee, sometimes from +porcelain ware, and usually after dinner or supper. Most tea +leaves were brewed first for the family and guests and a second +time for the servants; then they were given to the servants' +relatives or friends. Queen Mary encouraged the fashion of +collecting Chinese porcelain. The rich had red or black and gilt +lacquered cabinets and cupboards. Oak gave way to walnut, with its +variegated surfaces. There were grandfather clocks. Some +fireplaces now had cast-iron firebacks. Stuffing began to be +upholstered to woodwork benches. Chairs were taller in the back. +Ladies did needlework to cover them and also made patchwork +quilts. Cane seats came into fashion. + +From the spring of 1665 to the end of 1666 there was a Great +Plague, mostly in London. It was the last and worst plague since +the Black Death of 1348. It lasted over a year and about one-third +died from it. Households with a plague victim were walled up with +its residents inside to reduce contagion, and then marked with a +red cross. Church bells tolling their requiems clanged in +ceaseless discord. The mournful cry "bring out your dead" echoed +in deserted streets. At night groups of people shoveled the +corpses into open graves. To prepare for this revolting task, they +often first became drunk out of their senses. People took wild +beliefs in hope of avoiding the plague. For instance, at one time +it was thought that syphilis would prevent it, so maddened hordes +stormed the brothels. At another time, it was rumored that the +plague could be burned out of the air, and all one day bonfires +blazed outside every door and people sweltered in the heat. Other +localities posted sentries on the road to keep Londoners out of +their areas to prevent the plague from spreading there. Since +sneezing was thought to be the first sign of a person getting the +plague, it became common to ask God to bless a person who sneezed. +In London, statistics were collected on the number of plague +victims and their places of death to try to determine the cause of +the plague. + +In 1666 a fire destroyed three-fourths of the City of London. The +blazing buildings were so hot that people with leather buckets of +water, hand squirts, and manually operated water-pumping machines +could not get near them. There was a lot of noise from falling +buildings. Panic and desperation were widespread. There was a lot +of crying out and running about distractedly. People saved some of +their possessions by burying them or removing them from the fire's +path as they moved to different lodgings. The streets were full of +carts piled high with furniture and merchandise. The Thames River +was thick with heavily laden barges. Melting lead from St. Paul's +church ran down the streets in a stream. The Tower of London, +upwind of the fire, was saved by blowing up surrounding buildings. +Eventually the wind abated and the fire was put out. A Fire Court +with royal justices was created to offer settlements that were +free, fair, fast, and final. Army tents and supplies, and soup +kitchens sustained the citizens in the fields. + +After the fire, buildings had to be brick or stone rather than +wood, except for doors and windows. Also, more plaster and tile +was used. All roofs had to be of tile or slate, rather than +thatch. There was a general use of tile for roofing. About 1714, +came slate for roofings. All buildings had to be at least two +stories high, with flat facades rather than overhanging upper +floors. They had to have wide brick walls around them to avoid the +spread of fires. Many streets, squares, and alleys were +professionally planned, after the example of Indigo Jones who had +continued his town planning with Lincoln's Inn field's open square +surrounded by houses with iron balconies and Leiscester Square. +Main streets had to be wide enough to stop a fire. The street +selling that had caused so much congestion was removed to new +market places. The massive rebuilding of London ended the monopoly +of the building trade claimed by the Mason's Company. Astronomer +and geometrician Christopher Wren designed and built a new St. +Paul's Cathedral and many churches in London, becoming England's +first architect. He worked up from a square base through all sorts +of shapes to a circular double dome on top. The fire put an end to +Whitehall as a royal residence and St. James Palace was used +instead. But at least one fire hazard remained. That was the +practice of lighting new fires by taking buckets of hot coals from +one room or house to another. This was faster than the several +minutes it took to use a tinder box to start a flame, i.e. +striking a piece of flint upon a piece of steel making a spark +which was dropped onto tinder and then blown upon. Matches were +invented in this period, but expensive and unsafe. + +Nicholas Barbon began fire insurance in the 1670s. If fire broke +out on an insured premises, the insurance company's firemen would +come with leather buckets and grappling irons, and later small +hand pumps. Barbon also redeveloped many districts in London, +tearing down old buildings without hesitation. He started the +system of selling off leases to individual builders, who hoped to +recover their building costs by selling their houses before they +were completed and before substantial payments on the lease became +due. Entrepreneurial master-builders subcontracted work to +craftsmen and took a large profit or a large loss and debt. +Aristocrats bought large parcels of land on which they built their +own mansions surrounded by lots to be rented to building +contractors and speculators like Barbon. The houses built on these +lots were sold and the underlying land rented. These rentals of +land made the mansions self-supporting. Barbon built rows of +identical townhouses. Sometimes houses were built on all the lots +around a square, which had gardens reserved for the use of those +who lived on the square. Most of the new building was beyond the +old City walls. Marine insurance for storms, shipwreck, piracy, +mutiny, and enemy action was also initiated. Before the fire, e.g. +in Tudor times, the writing of risks had been carried on as a +sideline by merchants, bankers, and even money-lenders in their +private offices and was a private transaction between individuals. + +London was residential and commercial. Around the outside were +tenements of the poor. From 1520 to 1690, London's population had +risen tenfold, while the nation's had only doubled. London went +from 2% to 11% of the nation's population. In 1690, London's +population was about half a million. After 1690, London's +population grew at the same rate as the nation's. The first +directory of addresses in London was published in 1677. Business +began to follow the clock more strictly and many people thought of +their watches as a necessity. + +London coffee houses, which also sold wine, liquors, and meals, +became specialty meeting places. They were quieter and cheaper +than taverns; for a penny, one could sip a cup of coffee by the +fire, read the newspapers, and engage in conversation. Merchants, +stock jobbers, politician groups, soldiers, doctors and clergymen, +scholars, and literary men all had special coffee house meeting +places. Notices and letters of general interest were posted +therein. Many merchants, brokers, and underwriters, especially +those whose houses had been burned in the fire, conducted their +business at their coffee house and used it as their business +address. Men in marine insurance and shipping met at Lloyd's +Coffeehouse, which was run by Edward Lloyd who established it for +this purpose in 1687. Lloyd provided reliable shipping news with a +network of correspondents in the principal ports at home and on +the continent and circulated a handwritten sheet of lists of +vessels and their latest movements at his coffeehouse. The patrons +cheered safe arrivals and shared their grief over ships lost. They +insured their own risks at one moment and underwrote those of +their friends the next. Auctions of goods and of ships and ship +materials which had been advertised in the newspapers were +conducted from a pulpit in the coffeehouse. + +French wine was consumed less because of heavy taxation and +spirits and beer were consumed more. The streets were alive with +taverns, coffee houses, eating houses, and hackney coaches past 9 +p.m. at night. Coffee houses were suppressed by royal proclamation +in 1675 because "malicious and scandalous reports" defaming his +majesty's government were spread there, which disturbed the peace +and quiet of the realm. But this provoked such an uproar that it +was reduced to a responsibility of the owner to prevent scandalous +papers and libels from being read and hindering any declarations +any false and scandalous reports against the government or its +ministers. + +London air was filthy with smoke from coal burning. In 1684 the +streets were lit with improved lights which combined oil lamps +with lenses and reflectors. Groups of householders combined to +hire lighting contractors to fulfill their statutory +responsibility to hang candles or lights in some part of their +houses near the street to light it for passengers until 9:00 p.m., +and later to midnight. In 1694 a monopoly was sold to one lighting +company. In 1663 a body of paid watchmen was established in +London. An office of magistrate was created and filled with +tradesmen and craftsmen, who could make a living from the fines +and fees. This was to supplement the unpaid Justices of the Peace. +The public was encouraged to assist in crime prevention, such as +being witnesses, but most policing was left to the parishes. +Crowds punished those who transgressed community moral standards, +threatened their economic or social interests, or offended their +religious or patriotic beliefs. Often a crowd would react before +the call of "stop thief" or the hue and cry from the local +constable. Pickpockets would be drenched under a pump. Cheats +would be beaten up. Dishonest shops and brothels would be +ransacked or destroyed. The most common targets were promiscuous +women and pregnant servants. + +There were many highway robberies and mob actions in London. Mobs +in the thousands would turn out against the Catholics, especially +at times of unemployment and trade depression. Working people +still saw demonstrations and violence as the best way to achieve +their economic goals, since strikes didn't work. For example, the +silk workers used street violence to get protective legislation +against imports and mechanization in 1675. The manufacture of silk +material had been brought to England by French workers driven from +France. In 1697, three thousand London silk weavers demonstrated +outside the Commons and East India House against the importation +of raw silks by the East India Co., and a couple months later, +they attacked a house in the city owned by a gentleman of the +company. In 1701, heavy duties were imposed on the import of +Indian silks and wearing of Indian silks was prohibited by +statute. Sometimes mobs would break open the prisons to release +fellow rioters or take action against strike breakers or +informers. Parish constables elected by their neighbors could not +control the mobs and stayed within their parishes. Dueling was +still prevalent, even though against the law. + +In London and Westminster, it was hard to enforce the requirement +that inhabitants keep the street in front of their house clean and +store the filth until the daily raker or scavenger came with cart +and dung pot. So a commission was made responsible for paving and +keeping clean the streets, making and repairing vaults, sewers, +drains, and gutters, and removing encroachments. It compensated +those with encroachments of over 30 years. It assessed inhabitants +of such streets 16d. per square yard from the front of their +building to the center of the street. Women continued to empty +their pails and pans outside their doors and did their washing on +stools in the streets. There was a penalty of 5d. for throwing +filth in front of one's house, and 20d. for throwing it elsewhere +in the streets. Scavengers and rakers could lodge their coal +ashes, dust, dirt, and other filth in such vacant public places as +the commission deemed convenient for accommodating country carts +returning otherwise empty after their loads were sold. + +However, this system did not work because people would not pay +their assessments. So there was a return to the former system of +requiring citizens to sweep and clean the streets in front of +their buildings twice a week and keep the filth until a scavenger +or raker came. The penalty for not doing so was 3s.4d., later +raised to 10s. Any one throwing coal ashes, dust, dirt, rubbish, +or dung onto the streets or lanes incurred a fine of 5s. There was +a fine of 20s. for hooping or washing any pipes or barrels in any +lane or open passage or repairing coaches, sawing wood, or +chiseling stones in the streets. Pigs kept in or about one's house +had to be forfeited. + +One way that people traveled was to be carried in sedan chairs +held up by two horizontal poles with one man at the front ends and +another man in back. There were so many sedan chairs and coaches +for hire in London that the watermen lost business. All hackney +coaches in London or Westminster were required to be licensed and +marked with their owner's distinctive mark so that complaints +could be made. Their maximum rate was 10s. for a 12 hour day, and +18d. for the first hour and 12d. for every hour thereafter. +Licensed coachmen were not allowed to practice any other trade. +The coaches paid the commission 5 pounds yearly. Hay sold along +the road brought 6d. per load, and straw 2d. per load, to the +commission. There had to by paid 3d. for every cart load of hay +sold at the hay market and 1d. for every cart of straw, to go +towards paving and repairing the hay market street. Overall, +agriculture improved. Fields that would have been left fallow were +planted with new crops which restored indispensable chemical +elements to the soil. At the same time, they supplied winter food +for stock. The size and weight of animals for slaughter grew. +There was so much stock breeding that it was more economical for a +family to buy meat, milk, and eggs, than to maintain animals +itself. There was an explosion in the growing of beans, peas, +lettuce, asparagus, artichokes, and clover. The demand for food in +London and other urban areas made enclosure for crop cultivation +even more profitable than for sheep grazing. The government made +no more attempts to curtail the enclosure of farm lands. The +number of enclosures grew because copyholders were not successful +in obtaining the legal security of tenure. But most land was not +enclosed. + +In 1661 in Essex, the wages for mowing one acre of grass were +1s.10d.; for reaping, shearing, binding one acre of wheat 4s.; and +for threshing a quarter of wheat or rye 1s. + +Wives participated with their husbands in general agricultural +chores and did the dairy work including making cheese. Every +householder kept chickens because egg production was cheap, their +market price being only 1s. for a hundred. Wives also took care of +the gardening work and traditionally kept for their own the cash +that came in from garden, dairy, and poultry products. A wife made +jellies and preserves when the fruit trees, bushes, and vines were +bearing. Imported sugar enabled fruit to be preserved as jam in +jars sealed with a layer of mutton fat to make them airtight. She +was likely to concoct medications from her herbs. Meat had to be +smoked or salted when there was not enough fodder to keep animals +alive through the winter. She saw to it that the soap was boiled +and the candles molded. She cooked the daily meals, did the +washing, produced cloth for the family's use, and sewed the +family's clothing. + +Women had less work and lower pay than men. Since most cottages +had a spinning wheel, spinning work was readily available to +wives. In the 1670s, a female weaver or spinner was paid 2-4d. per +day. A domestic servant, who was usually female, was paid 40-80s. +a year. Men in the trades objected to competition from lower-paid +women. Aristocratic ladies actively managed their family's +household and estates. The only work available to a high middle- +class woman who was waiting to get married was to be a governess +in another household or a lady-in-waiting to a gentlewoman. +Children often worked; this was recommended so that they were +under the direct supervision of their parents rather than getting +into mischief in the village. The mother typically mingled +severity with gentleness, but the father did not dare to err on +the side of leniency. Discipline was by whipping. Children were +treated as little adults. The lack of a conception of childhood +innocence even extended to the practice of adults to tell bawdy +jokes in their presence or play with their children's genitals. + +About 1660, the Royal Society for science was founded by Charles +II, who became its patron. It was formed from a discussion group +of the new experimental philosophy. It included the Baconians +formerly at Oxford and Cambridge, who were ejected at the +Restoration, and a group of Gresham professors of geometry and +astronomy. The Royal Society met at Gresham College. Its goal was +to compare ideas in mathematics and science and identify specific +aims of science. Charles himself had his own laboratory and +dabbled in chemistry and anatomy. Similar societies were formed +all over the world. Theologicians warned that scientific research +was dangerous. But it's advances improved agriculture, +manufactures, medicine, surgery, navigation, naval architecture, +gunnery, and engineering. + +Issac Newton was a genius, who in his childhood designed and built +model windmills, water wheels, water clocks, and sundials. He came +from a family which had risen from the yeomen ranks to the gentry. +For a few years after graduating from Cambridge University in +1665, he secluded himself in the countryside to study. Here, using +the work of Wallis, he formulated the binomial theorem that +expands (A+B) raised to the nth power, where n is an integer, +fraction, or negative number. When n was a negative number, the +expansion never terminated; instead of a finite sum, there is an +infinite series. He then developed the notion of a number being +the limit of an infinite converging series of partial sums, such +as the limit of 1+(1/2)+(1/4)+(1/8)...= 2. By considering the +state of motion of a mass-point in an infinitely short time under +the influence of an external force, he developed rules for finding +areas under algebraic curves [integration], such as the hyperbola, +and finding tangents to algebraic curves [differentiation], which +he recognized as inverse processes. That is, taking the integral +and then the differential of a function results in a return to +that function. + +Newton discovered that colors arose from the separation rather +than a modification of white light, that is natural sunlight. He +did this using a prism to dissect the white light into its +spectrum of constituent colors and then using a prism and lens to +recombine the colors to reconstitute white light. The spectrum was +the same as that of a rainbow. He determined the angle of +refraction of each color by beaming white light through a prism, +and then through a hole in a board which isolated one color, to +another prism. When he discovered that all colors reflect from a +mirror at the same angle, he invented and built the reflecting +telescope, which used a parabolic concave mirror and a flat mirror +instead of a convex lens, thereby eliminating the distortions and +rainbow coloring around the edges that resulted from the +refraction of different colors at different angles. He deemed a +ray of light to consist of a rapidly moving stream of atomic +particles, rather than Robert Hooke's pulses or Christian Huygens' +waves, because shadows showed a sharp boundary between the light +and the absence of light. He reasoned that if light was made up of +pulses or waves, it could spread around obstacles or corners as +sound seemed to do. He approximated the speed of sound. + +Newton opined that an object moves because of external forces on +it rather than by forces internal to the object. He connected the +concepts of force and acceleration with a new concept: mass. He +found that the acceleration of a body by a force is inversely +proportional to its mass, and formulated the equation that force +equals mass time acceleration. Another law was his principle of +inertia that any body, in so far as it is able, continues its +state either of rest or in uniform, rectilinear motion. His next +law was that when a body A exerts a force on a body B, then B also +exerts a force on A which is equal in amount but opposite in +direction. + +Newton had a radically novel idea that equated instantaneous +acceleration to the gravity force which provoked it. He theorized +that the same gravity force that pulled an apple down from a tree +extended out to the moon hold it in its orbit around the earth. He +connected these movements by imagining a cannon on a mountain +shooting a series of cannonballs parallel to the earth's surface. +The first shot had only a tiny charge of explosive, and the +cannonball barely makes it out of the muzzle before falling to the +ground. The second shot is propelled by a larger charge, and +follows a parabolic arc as it falls, The next shots, fired with +increasingly more propellant, eventually disappear over the +horizon as they fall. Lastly, with enough gunpowder, a speeding +cannonball would completely circle the earth without hitting it. +He combined the inductive and deductive methods of inquiry, first +making observations, and then generalizing them into a theory, and +finally deducing consequences from the theory which could be +tested by observation. He carried mathematization of data from +experiments as far as possible. His universal theory of +gravitation is based on the idea of forces between objects rather +than from one object to another; e.g. the apple exerts a force +toward the earth as well as receiving a force from the earth. His +law of gravitation explains how the whole universe is held +together. This law holds that every object in the universe +attracts every other object with a single gravitational force that +is directly proportional to the product of their masses and +inversely proportional to the square of the distance between their +centers. Newton had first believed in the Cartesian system of +celestial vortices of aether than swirled the planets and comets +around their orbits. The gross features of the universe led to his +recognition that the attraction between two bodies decreased +inversely to the square of the distance between them. Then he came +to accept Hooke's hypothesis that planets are kept in their orbits +by the combination of an attractive power of the sun and of motion +in a straight line that was tangential to their orbits. From +astronomical data, he calculated this centrifugal acceleration of +each planet to be the inverse square of its distance from the sun. +He also calculated the "centripetal" accelerations necessary to +bring the planets into their orbits. His experiments had shown +that he centripetal force in a circular orbit was equal to the +mass of the body times the square of its velocity, all divided by +the radius of the circular path. He used calculus and differential +equations to determine centripetal forces of elliptical orbits, +where the distance from the sun, the velocity, and the +acceleration were variables. He correlated the moon's orbit with +the measured acceleration of gravity on the surface of the earth. +Then he formulated the idea that the ultimate agent of nature was +a force acting between bodies rather than a moving body itself. +Gravity did not act in proportion to the surfaces of bodies, but +in proportion to quantity of matter, its penetration to the very +center of all bodies without diminution, its propagation to +immense distances decreasing in exact proportion to the square of +the distance. Newton showed that a single gravitational force +could account for the way falling objects descend to the ground, +the parabolic trajectory of projectiles, the motion of the moon in +its orbit around the earth, the course of the tides every twelve +hours, the lower densities of the earth's atmosphere at greater +heights, the paths of Jupiter's satellites, and the ellipitical +motions of the planets in their orbits around the sun. It had been +thought that invisible angels moved the planets. He proved from +his law of gravitation and his three laws of motion the truth of +Kepler's laws of ellipitical planetary motion. He demonstrated +from data collected from the comet of 1680 that comets moved +according to his law of gravitation. Non-periodic comets were +observed to follow hyperbolic paths. He used the concept of a +common center of gravity as a reference point for other motions. +The fact that the center of gravity of the solar system was within +the body of the sun verified that the sun was indeed at the center +of it. + +Newton's "Principia Mathematica Philosophia Naturalis", was +published in 1687. The church denounced it as being against the +scripture of the Bible. Newton did not agree with the established +church on many points, such as the trinity, and was considered a +heretic. He had his own interpretations of the Bible and doubted +the divinity of Jesus. But it was accepted for dissenters like +Newton to qualify for full civil rights by maintaining an outward +conformity and taking the sacrament in the established church once +a year. Newton was given a royal dispensation from taking holy +orders as prescribed by the rules for tenure of fellows of his +college at Cambridge University. He did believe in a God who +created the universe and who had a ubiquitous presence in all +space. When Catholic King James II tried to have a Catholic monk +admitted to the degree of a Master of Arts at Cambridge University +without taking the oath of adherence to the established +Protestant church, in order to participate in the business of the +university, Newton was active in the opposition that defeated +this attempt. + +When Newton's laws were applied to the paths of the moons of +Jupiter, it was noticed that the moons were a few minutes ahead of +time at that time of year when Jupiter was nearest to the earth +and a few minutes behind time when Jupiter was farthest from the +earth. Olaus Roemer, a Danish astronomer, postulated that +Jupiter's eclipses of its moons lasted seconds longer the farther +away Jupiter was from the earth because it took their light longer +to reach the earth. He concluded that light does not travel +instantaneously, but at a certain speed, which he calculated in +1676. + +In 1668, Christian Huygens formulated the law of conservation of +momentum [mass times velocity], which held that when objects +collide, they may each change direction, but the sum of all their +velocities will remain the same. Huygens also recognized the +conservation of what was later called "kinetic energy", which is +associated with movement. In 1690, he posited the theory that +light consists of a series of waves. It states that all points of +a wave front of light in a vacuum may be regarded as new sources +of wavelets that expand in every direction at a rate depending on +their velocities. He thought this a better explanation of bending +and interference of light than Newton's particle theory. + +In 1661, Robert Boyle, called the father of modern chemistry, +defined an element as a substance that cannot be further +decomposed and distinguished it from a mixture, which is easily +separable, and a compound, which is not easily separable. He used +a pump he developed and a glass jar to create a confined air space +for experiments. He noted that burning objects such as candles and +coal, when placed in the receiver of his air pump, went out after +a time although air was still present. He opined that animals were +dependent upon a fresh supply of air to live. He studied the +relationship between the volume, density, and pressure of gases. +He proved by experiment that the volume of a gas at a constant +temperature varies inversely to the pressure applied to the gas. +Since gas is compressible, he opined that gases must be composed +of discrete particles separated by void, and also that basic +physical properties were due to motions of particles, or atoms, +which was an ancient Greek conjecture. This cast doubt on the +theory that everything was composed from the four basic elements: +air, water, fire, and earth. Boyle's laboratory at Oxford was +denounced by the Oxford clergy as destroying religion. In 1679, +the steam pressure cooker was developed. + +Robert Hooke, the son of a minister who died when he was thirteen, +helped Boyle build his air pump. He was a genius with innate +mechanical skill. He applied a spiral spring to regulate the +balance of watches. A lord financed him as a Gresham lecturer for +50 pounds a year. In 1666, he used a pendulum to measure the force +of gravity and showed that the center of gravity of the earth and +moon is a point describing an ellipse around the sun. In 1667, he +explained the scintillation of the stars by irregular atmospheric +refractions. He formulated the theory that light is composed of +pulses. Hooke's Law states that the amount an elastic body bends +or stretches out of shape is in direct proportion to the force +acting on it. He invented the odometer, a wheel to measure +distances. He constructed an arithmetical machine. He invented the +universal joint, which can move in many angles. At his death, +Hooke had thousands of pounds stored in an iron chest. + +Wallis wrote a treatise on algebra which was historical as well as +practical. In 1668, he postulated the correct theory of impacts of +inelastic bodies, based on the principle of conservation of +momentum. During this time, he also deciphered enemy messages for +royalty and was made a royal chaplain. + +Royal astronomer and genius Edmond Halley, the son of a soap +maker, studied tides, magnetism, and the paths of comets and +stars. He went on voyages to study the heavens from different +positions, thereby laying the foundations of physical geography. +He showed that the stars change in position in relation to each +other. With Newton's help, he calculated the orbit of a comet he +saw in 1682 to be elliptical rather than parabolic and then proved +it was the same comet that had appeared in 1531 and 1607, +indicating it's regularity; it was then named "Halley's comet". +However, the Church of England still embraced the idea that comets +and eclipses were evidence of God's wrath. Greenwich Observatory +was built in 1675. Halley used a barometer to measure the density +of the atmosphere and related its readings to elevations into the +atmosphere and to weather. He determined that the cause of the +tropical trade winds was the sun warming the tropical air at the +equator, causing it to rise blow away from the equator to replace +cooler air. He illustrated the tropical winds with the first +meteorological map. He made a descent in a diving bell, which was +used to try to reach wrecked treasure ships. He compiled a table +of mortality, which originated the science of life-statistics. He +studied fossils and perceived them as remnants of living beings +that had died long ago, and imagined a succession of living +things. Halley surveyed the tides and coasts of the British +Channel for the king in 1701. + +In 1675, apothecary Nicolas Lemery divided substances into +mineral, vegetable, and animal. He wrote a dictionary of +pharmaceuticals. + +John Ray and Francis Willughby were friends who traveled together +to study plants and animals respectively. John Ray started the +science of zoology with his edition of Francis Willoughby's +"Ornithology" on birds and his own "History of Fishes". He also +attempted the first scientific classification of animals in his +"Synopsis of Quadrupeds". Ray compared anatomies and experimented +on movements of plants and the ascent of sap. He knew what fossils +were. Ray first suggested the concept of species in classification +of animals and plants. He opined that the goodness and wisdom of +God was shown not only by the usefulness of animals to man's uses +as taught by the church, but also by the adaption of animals to +their own lives and surroundings. The vast array and dispersal of +animals found by world explorers all over the world cast doubt on +the biblical story of Noah putting two of every kind of animal on +an ark. The science of botany began with Ray's "History of +Plants", and the researches of Robert Morrison, who was Charles' +physician and keeper of his gardens. The idea from fossils that +existing species of animals were modifications of predecessor +animals conflicted with the religious belief that Noah's ark had +preserved all the varieties of animals. The idea that fossils were +remnants of dead animals existing before man conflicted with the +religious idea that Adam's fall began sin and caused death. + +Nicholaus Steno, a Danish physician, demonstrated in 1669 that +layers of strata of rock are always deposited with the oldest +layers on the bottom and the youngest layers on the top, which +began the science of geology. John Aubrey described Stonehenge, +thus founding prehistoric archaeology. He thought it to be a Druid +temple. + +The telescope and compound microscope, which has an objective lens +and an eyepiece lens for producing a wide range of magnifications, +were further developed. Nehemia Grew, the son of a grammar school +master who later became a physician, observed and drew plant +anatomy, including leaves, flowers, fruits, seeds, ovules, pollen +grains, and stamens. He was the first to observe the existence of +sex in plants. Italian Marcello Malpighi, a physician, used the +new compound microscope to study human skin, spleen, kidneys, and +liver and also compared the livers of several types of animals. +Dutchman Anton van Leeuwenhock, a cloth manufacturer who made +microscopes to inspect the quality of cloth, turned them to use in +understanding the life cycles of mites, lice, and fleas. He +correctly described human blood cells. When he found what he +described as tiny animals (bacteria, protezoa, and rotifers), he +sent clear descriptions of them to the Royal Society in London as +proof against the theory of spontaneous generation, which held +that lower forms of life could arise from nonliving matter. This +started the science of bacteriology. The cellular basis of life +was discovered. Human blood vessels were examined. When the egg in +the female reproductive system was discovered, the status of women +was lifted. + +Physician Thomas Willis, son of a farmer, dissected brains of men +and animals to study the anatomical relations of nerves and +arteries. Excess urine had been associated with a wasting disease. +Willis identified diabetes mellitus with excess of urine with +sweetness. Physician Thomas Sydenham, son of a gentleman, +observed epidemic diseases of London over successive years, thus +founding epidemiology. He also furthered clinical medicine by +emphasizing detailed observations of patients and maintaining +accurate records. He wrote a treatise on gout and identified +scarlet fever. He introduced a cooling method of treating +smallpox. But he still relied on the big three treatments: blood- +letting, purging, and sweating. Blood-letting was to draw off bad +blood so that it could be replaced by a better fluid. Another +treatment used was cupping, whereby a vacuum was created by heated +glass cups to draw blood to the surface of the skin. John Locke +performed one of the first successful operations on a kind of +abscess of a man's liver. It was common for people who felt ill to +take a laxative and rest at home. + +In 1690, physicians opened the first dispensaries, which gave +treatment and medicine together, to take business away from their +rivals: the apothecaries. London's apothecaries were released in +1694 from jury service and serving as constable, scavenger, or +other parish or ward office because it was necessary that they be +available to attend the sick at all times. Peruvian bark which had +quinine as its alkaloid had been introduced as a proven cure for +the ague, a fever with chills usually due to malaria, in 1653. The +English ceased to believe in holy wells, but went to spas such as +Bath for treatment for disease. + +There was more bathing because private homes in towns now had +indoor baths. The public baths came into disuse. + +For childbirth, only rich women were attended by physicians. Most +physicians used talismen such as the eagle stone at deliveries. +Caesarian section almost always led to the death of the mother. +Midwives were licensed by the church and could baptize babies. +Jane Sharp wrote "The Midwives Book" with anatomical +illustrations. + +Women over thirty had fewer children and the last child born was +at an earlier age than before. This was in part due to birth +control such as coitus-interruptus, long breast-feeding of a +current child and/or the taboo against sex if the wife was still +breast-feeding. Women who were rich often employed wet-nurses. +Babies seldom thrived, or even survived, without out a regular +supply of breast milk. + +John Locke, an Oxford don, physician, and son of an attorney, +expressed a view that the monarchy was based on a contractual +relationship with the people. This idea which was first adopted by +revolutionists and then became accepted as orthodoxy. Furthermore, +he articulated the right of resistance, the supremacy of +legislative assemblies, and the responsibility of rulers to answer +to their subjects. He theorized that men turn to forming a civil +government when there is a need to protect accumulated property. +This, along with the protection of life and liberty, was the +primary function of government, before royal pleasure, national +pride, or foreign conquest. He wrote theories on the interaction +of supply, demand, interest rates, rents, coinage, and foreign +exchange rates. He believed that interest rates should be the +natural ones determined by market forces rather than by the +legislature, especially if there was an attempt to lower interest +rates underneath their natural rate, which was not only +undesirable but easily circumvented. He thought that attempting to +legislate contrary to natural economic laws, e.g. prices, was +doomed to failure from unexpected consequences. He agreed with +most mercantilists that by maintaining a large inflow of precious +metals through consistent export of surpluses in foreign trade +would lead to low interest rates, increased trade, increased +capital stock, high employment, and high prices, and therefore a +healthy economy and enrichment of the nation. + +John Locke theorized that propositions have probability rather +than certainty. His "Thoughts on Education" was a great book on +the formation of character. Locke also wrote about the large field +for knowledge in labor-saving and economic inventions. He espoused +freedom of thought in "Letters on Toleration" and wrote "An Essay +Concerning Human Understanding", which described how the mind +functions in learning about the world and which attempted to +reconcile science and Christianity. He was a great admirer and +friend of Newton and they shared religious views. He thought that +knowledge comes primarily from experience rather than from the +mind, so that observation and experimentation are necessary to +find truth. Immanuel Kant from Prussia, who became a professor of +logic and metaphysics, was also impressed by Newton's findings and +expressed his philosophy that man has perceptions in space and +time and can have some descriptive knowledge of his world by using +purely intellectual concepts such as possibility, existence, +necessity, and substance. He thought of God as theological +perfection, and morality as practical perfection. The British +primarily adopted the views of their own Hobbes and Locke, and +Bacon before them. + +At Oxford and Cambridge Universities, there were the most +enlightened theologians, classicists, orientalists, philologists, +mathematicians, chemists, architects, and musicians. There were +professors of Anglo-Saxon, Hebrew, and Arabic. John Locke's +influence caused modern philosophy to supercede traditional +scholasticism. There were no more disputations to qualify for +degrees. Some of the students were the sons of noblemen and sat at +meals with the heads, tutors, and fellows of the colleges. Most +students were the sons of landowners, clergymen, professional men, +or prosperous men of business. They were known as the gentlemen +commoner students. The few poor students were known as servitors +and paid for their education by menial work. Corporal punishment +ceased. Instead there were fines, suspension, and expulsion. +Fellows of colleges had common rooms for drinking and smoking +together as they had done in taverns outside college walls. The +king had authority to grant licenses in sell or give land in +perpetuity, to encourage founding and augmenting colleges and +schools. The two universities were vested with the presentation of +benefices that had belonged to Papists. + +English nonconformists such as Presbyterians were excluded from +Oxford and Cambridge Universities, so they were educated at +Glasgow in Scotland. + +Grammar schools were blamed for the past civil war by educating +too many people above their station, so ecclesiastical control now +stifled them. A few dissenting schools were established. Charity +was given to schools for children of the poor for placement as +apprentices, but not to educate them above their stations. + +In the 1670s, about 70% of males in London were literate. By 1680, +illiteracy was a special characteristic of the poor instead of a +characteristic of the vast majority of common people as in 1580. +Fountain pens came into use. + +Many books written tended to be about the author's experiences, +for instance Samuel Pepys' "Diary", Gilbert Burnet's "History of +my own Times", John Evelyn's lifelong diary with vivid +descriptions of striking events of the day, and nonconformist +Celia Fiennes' description of her tour of England on horseback. +There were many political biographies. Historians did not yet +study history as a continuous process, but narrated self-contained +stories to instruct by example. William Fleetwood wrote about +economic history in "Chronicon Preciogum". George Hicks put +together a "Thesaurus" of the northern languages. Thomas Hyde +wrote on ancient Persian religion. John Spenser compared Jewish +rites with those of other Semitic people, thus starting +comparative religion. Richard Bentley, William's librarian, wrote +a "Dissertation" on the ancient Greeks. He compared the ancient +Greek life with modern life. He also confuted atheism on the +Newtonian system. A translated version of "Critical History of Old +Testament" by Frenchman Richard Simon identified the old testament +as history instead of divine revelation. John Milton wrote +"Paradise Lost", which retells the Biblical story of the Creation +and the fall of Adam and Eve against the backdrop of Satan's +rebellion and expulsion from heaven and emphasized God's justice +in spite of everything. The poem deals with the puritan struggling +against evil and the problem of sin and redemption. It has a cold +and severe conception of moral virtue and stoical self repression +in its characters. There is no sympathy with the human condition. +Reading this book made the English more serious, earnest, and +sober in life and conduct and more firm in the love of freedom. +John Bunyan wrote "Pilgrim's Progress" in which a tinker takes a +journey to find the Everlasting City of heaven and on the way +meets people who try to harm him. But he derives strength from his +adversities. The journey is a metaphor for the Christian soul +trying to find salvation. It is Puritan in its sympathies and has +insights into human nature. John Dryden wrote on large social, +political, and humanistic issues, often by political satire. +William Congreve wrote plays such as a comedy on manners. William +Wycherley wrote cynical satires and portrayed folly, affection, +and vice. John Vanbrugh wrote plays satirizing London high society +and social institutions. John Toland wrote "Christianity and +Mysterious" on deism. "Puss in Boots", "Red Ridinghood", and +"Cinderella" became available in print. There were many female +poets, bookwriters, and playwrights. Anne Finch, later Vicountess +Conway, wrote the philosophical book: "Principle of the Most +Ancient and Modern Philosophy" to reconcile the new science with +Christian belief. In it every creature had a body and a spirit. +Mrs. Aphra Behn wrote "Oroonoko", one of the first novels. Basua +Makin, governess of the little sister of Charles II wrote an essay +to revive the education of women, arguing that women's activity in +wartime showed that they were fit to be educated. Elizabeth +Elstob, who studied Teutonic languages, was one of the founders of +women's education. Mary Astell proposed a college for women. Some +women painted portraits. + +There were rigid censorship acts from 1662 to 1695. The first +required that no one could print a book without first registering +it with the Company of Stationers of London and having it licensed +by appropriate authority: common law books by the Lord Chancellor +or the Lord Keeper of the Great Seal, affairs of state and history +books by the Secretaries of State, heraldry books by the Earl +Marshall or Kings of Arms Garter, university books by the +Chancellor or Vice Chancellor of either of the universities, and +all others including divinity, physics, and philosophy by the +Archbishop of Canterbury, or Bishop of London. Books could be +imported only into London and not sold until approved by the +Archbishop of Canterbury or Bishop of London after being opened +and viewed by a scholar appointed by these bishops and a +representative of the Company of Stationers. If heretical, +seditious, scandalous, schismatic or otherwise dangerous or +offensive, the importer could be punished. No one could print or +import copies of any books without consent of the owner with right +by letters patent. The penalty for not doing so was to forfeit +6s.9d. for each such book, of which the king would receive one +half and the owner one half. Printers had to set their own name to +the books they printed and also the name of the author or forfeit +such book. Only freemen of London who were members of the Company +of Stationers could sell books. The Company of Stationers had the +authority accompanied by a constable to search all houses and +shops where they knew or had "probable reason" to suspect books +were being printed. They could search houses of persons of other +trades only by special warrant. They could examine books found to +determine if they were licensed and, if not, to seize them. +Justices could imprison offenders. The first offense by offending +printers was to be punished by suspension from printing for three +years, the second offense by permanent disallowance from printing, +fine, imprisonment, and corporal punishment not extending to life +or limb. This statute was enforced by frequent prosecutions, such +as of publishers of pornographic books. + +The only newspapers to appear between 1660 and 1679 were official +government sheets. But in 1695 freedom of the press was +established by the abolition of the licensing of publications, +including newspapers. Locke had argued for this freedom, stating +"I know not why a man should not have liberty to print whatever he +would speak and to be answerable for the one just as he is for the +other..."In 1702 the first daily newspaper in the world came into +existence in England. The Stationer's Company monopoly of printing +also ended in 1695. Printing was not regulated and no longer +criminal just because it was unauthorized. Printing could be done +in other places than London, York, Oxford, and Cambridge. + +The rich got richer and the poor got poorer. Many successful +merchants and manufacturers bought landed estates and established +a line of country squires or baronets or even peers. The fashion +started in the nobility and the richest mercantile families that +their wives should become ladies of leisure. For workers though, +there was constant underemployment. In periods of economic crisis +industrial workers lost their jobs. Much work was seasonal. Anyone +who could work most of the time was fortunate. Laboring and out- +servants, who comprised one fourth of the population, and +cottagers and paupers, who comprised another fourth of the +population, had to spend more than they earned. The poor rate +collected for the cottagers and paupers was 3d. per week. There +was an agricultural depression that was deepest in the 1680s after +the collapse of a boom. It was the only bad depression experienced +in peace time. There was famine in 1698. + +Any person receiving relief from any parish and his family members +cohabiting with him was required to wear a badge with a "P" which +identified his parish. This was to differentiate them from idle, +sturdy, and disorderly beggars who were not entitled to relief. + +There were more poor people and, despite the poor laws, many +became rogues or vagabonds or starved to death. Many went from +parish to parish to build cottages and consumed all the wood there +and then went to another parish. So the parishes were allowed by +statute to remove any person coming to settle in any tenement +under the value of ten pounds who was likely to be chargeable to +it. They were then removed to the last parish were they had +resided for at least forty days. Excepted were people temporarily +moving to another parish to work at harvest time. The overall +effect was to decrease the mobility of people. But a later statute +permitted greater movement of poor people by allowing those who +were poor for want of work to go to another parish where labor was +wanted. They had to bring a certificate of their present parish +membership to the new parish, where they could settle if they +rented a tenement worth ten pounds a year or served in a parish +office. Later, settlement had to be given to inhabitants paying +its rates, and unmarried inhabitants hired for one year, and +apprentices bound by indenture. But parishes were displeased with +the requirement to give settlements to these people because they +feared they would become poor and need parish assistance, thereby +increasing the rates to be paid. + +Parish poor houses were converted into spinning schools to obtain +an income. Parishes of large towns were combined to set up large +workhouses, where the poor could be set to unskilled manufacture, +but the managers lacked the character and education to make them +work. + +Because prisoners often died before trial and the poor prisoners +became instructed in the practice of thievery in prison, they were +set to work on materials provided to them at public expense. No +parish was rated at more than 6d. per week for such. The president +and governors of corporations oversaw rogues, vagrants, sturdy +beggars, and idle or disorderly persons working in corporations or +workhouses. + +Assessments were made for building and repairing gaols in order to +maintain the health and safe custody of the prisoners. Also, gaol +fever, a virulent form of typhus, was so prevalent in the large +prisons for criminals and debtors that it frequently spread +through the adjacent towns. During some assizes, it killed +sheriffs, lawyers, and justices. + +In 1692, London lands were taxed for the relief of orphans. +Churchwardens could seize the goods and chattels of putative +fathers and mothers deserting bastard children. + +From 1691 to 1740, Societies for the Reformation of Manners +prosecuted poor people for moral offenses. + +All hackney coaches and stage coaches in all the realm became +required to be licensed. The turnpike system came into use. Tolls +were paid for road upkeep and repair by private companies. The +local parishes ceased to have this responsibility. John Ogilby +wrote the first road book based on actual surveys of the roads. +Stage coaches cost a shilling for every five miles and went 40-50 +miles a day. The trip from London to Oxford was twelve hours. The +company of Coach and Coach Harness Makers was founded with the +consent of the king. The body of a coach hung from the frame by +leather braces. One axle pivoted for turns. Plate glass was used +in the windows. Rivers improved so that most places were no more +distant from navigable waters than a long day's haul on land. + +The several post offices were put under the authority of one +Postmaster General appointed by the king for the purpose of speed +and safety of dispatches, which were carried by horseback. One +sheet letter going less than 80 miles cost 2d., and more than 80 +miles, 4d. + +When the army was disbanded after the Restoration, its officers +and soldiers were allowed return to their trades and their +apprenticeships without serving the usual seven years. Parishes +were required to provide for poor and maimed officers and soldiers +who served Charles I or Charles II. The Royal Hospital founded by +Charles as a home for veteran soldiers opened in 1692. Greenwich +palace was converted to a hospital for seamen and their widows and +children to encourage men to become seamen: mariner, seaman, +waterman, fisherman, lighterman, bargeman, keelman, or seafaring +man in the king's Navy. Also, disabled seamen's children were to +be educated at the expense of the hospital. + +Charles retained one regiment from which he started a small +standing army, which slowly increased in size ever after. The army +was primarily mercenary, as it had been in medieval times, with +officers buying their commissions. Colonels were the proprietors +of their regiments and captains were the proprietors of their +companies. The soldiers were ill mannered, swearing and cursing +and stealing, sometimes from peoples' homes, and intimidating +people with their swords. The bayonet was invented to attach onto +a gun, which were muzzle-loading with a match lock. So pikemen +with their long spears became obsolete. Hand grenades and small +explosive bombs came into use about 1670. Explosives were also +used in mines. + +There was resort to many devices to fund wars. The land tax was +still the primary tax. The customs and excise taxes were often +extended to more goods and wares. Sometimes there were duties +imposed on marriages, births, and deaths. Also, hawkers, peddlers, +and other trading persons going from town to town to other men's +houses on foot or on horse carrying wares had to buy a license. +There were also loans from privileged companies such as the Bank +of England, East India Co., and the South Sea Co. Commissioners +were appointed to take and state the account of all money in the +public revenue. This discouraged the prevalent corruption of +government officials and thereby the people were encouraged to pay +their taxes. + +The Goldsmiths loaned money to the king and to private persons and +to the Exchequer. Receipts from Goldsmiths for storage in strong +boxes had become a de facto paper currency. But when the +Goldsmiths had no more money to lend, the Bank of England was +founded in 1694 under whig auspices to provide money for war. It +was the first institution to issue notes in excess of its total +deposits. However, it was not allowed to lend money to the Crown +without the consent of Parliament. It was incorporated as the +first English joint-stock bank and had about 1,300 shareholders. +These original subscribers were individuals from London from many +walks of life, including well-to-do tradesmen and about 12% of +whom were women: wives, widows, or spinsters. Not many +corporations were original subscribers. Holders of at least 500 +pounds could vote, of 2000 pounds could be directors, and of 4000 +pounds could be Governor. The Bank issued notes payable to bearer +and discounted bills, but these were not legal tender. It lent at +8% to the Crown and occasionally to corporations. Money was also +borrowed by offering annuities on single lives. This was the first +time the government borrowed directly from the public on a long- +term basis. + +In 1695 there was inflation due to over issue by the Bank because +of inexperience, pressure from government, and the Bank's greed +for business. After a dividend of 5% in 1695, the next year there +was no dividend and so the bank stock price fell. In 1696, five +pound and ten pound short term bonds were sold to the public. Also +in that year was the first run on the bank. This occurred two days +after clipped money lost currency; people wanted the new recoined +money, but the Mint had not supplied the Bank with sufficient +supplies. Interest instead of cash was given for notes. Cash was +short for months. The Bank's credit was much shaken. It was then +given a monopoly so that its notes would not have competition. +Thereafter, its dividends were good - about 12% per year. Because +of its monopoly, its dividends were about 3% above the current +going rate of interest. About this time, Exchequer Bills, with +interest, were started by the Exchequer and circulated by the Bank +of England. They were frequently endorsed many times by successive +holders. + +The Bank simply took over from the goldsmiths its main everyday +business of deposit; running cash note [cashier's note, specie +note, cash note], which was payable on demand and normally did not +bear interest; and drawn note [precursor to the check, but not on +special paper]. The Bank gradually convinced many of its clients +to use its "check" [cheque] paper when drawing. The check paper +was unique to the Bank and embellished with distinctive scroll +work to serve as an obstacle to fraud. Over time the running cash +note tended to be for round sums of at least twenty pounds and +multiples of five pounds. The Bank of England had a monopoly on +issuing notes in the London area. Country banks arose and issued +bearer notes payable on demand and interest-bearing notes in their +areas. The Bank of England gave to its depositors the service of +paying annually to a designee without further order. + +A decision of the common law courts held that bills of exchange +(written orders to pay a given a sum on a given date) were +transferable to other people by successive endorsements. So long +distance payments no longer had to be made in coin, with all the +dangers of highway robbery. + +The financial revolution of the 1690s meant that the merchant +elite could invest in government bonds or company bonds at 5-6%, +or London leases at 10%, as opposed to income from landed estates, +which was under 3%. Shareholders were no longer personally liable +for company losses. Interest on loans was no longer considered +sinful as long as it was not oppressive. The greater ability to +borrow spurred the growth of capitalism. + +All brokers and stock jobbers in London and Westminster of bank +stock, bank bills, shares and interests in joint stock must be +licensed by the mayor, which shall necessitate their taking an +oath to exercise their office without fraud or collusion to the +best of his skill and knowledge as of 1697. This is to avoid the +collusion of fixing values to their own advantage. + +The science of statistics made life insurance possible. But it was +administered by ad hoc offices rather than companies and was not +reliable in making payments. + +Charles instituted a hearth tax of 2s. per year in 1662, with +constables and offiers authorized to verify the number of hearths +and stoves in houses. It was repealed in 1688 because it could not +be enforced except by exposing every man's house to be entered and +searched at pleasure by persons unknown to the people, which was +oppressive and a badge of slavery. + +By bribes, Charles built up a body of support in Parliament which +could be relied upon for a majority. They came to be called +"tories" by their opponents. "Tory" had been a term of abuse for +Irish Catholic bandits. The tory and whig groups were known by +their disagreement over the authoritarianism of the Crown. The +tories were sympathetic to the doctrine of divine right and +favored a doctrinally high church. The tories represented landed +property and the established church, and usually wore blue in +contrast to the purple of royalty. Many royalists became tories. +The whigs refused to accept the sacrosanct character of the +monarchy. The whigs opined that government depended upon consent +of the people and that the people had a right of resistance. They +subordinated the Crown to Parliament. The whigs represented the +dissenters and the mercantile classes, and often wore red. Many +former Puritans became whigs. "Whig" had been a term of abuse for +Scots Presbyterian rebels and horse thieves. The gout and venereal +disease were common among political leaders. A primitive condom +just introduced to the aristocracy from France helped deter +syphillus; It was uncomfortable and unreliable. + +Under Charles II, the Treasury as a supreme financial body +separated from the Exchequer as a depository of revenue. A gold +guinea coin was issued. From 1690, government policy was +controlled by specific appropriations. Money bills had to +originate in the Commons, and could not be amended by the House of +Lords. + +Boards became independent of the king's Privy Council and +answerable to the secretary of state. + +In the 1680s, Charles compelled some of the livery companies in +London to give up their charters to him and he called in many +corporation charters of boroughs whenever some light excuse could +be found to justify it. This was done by the use of the writ of +quo warranto before a court. In London he had the tory mayor +revive an ancient custom of selecting a sheriff by drinking to him +at the annual feast. Two tory sheriffs were installed into office. +All these actions gave the king a voice in selection of the +officers of London and boroughs, since Royal commissioners would +then determine who the officers would be. This was to assure +London's representation in Parliament by Crown loyalists as London +had been whig. It also allowed influenced selection of sympathetic +jurors. + +Criminal seditious libel was brought into the common law courts in +1664, when Benjamin Keach was tried for writing a book containing +contradictions of the doctrine of the established church. He wrote +against infant baptism and asserted that laymen might preach the +gospel. The justice intimidated the jury to find him guilty. He +was sentenced to be fined, to spend two hours in the pillory in +two successive weeks, and his book to be burned before his face. +He was to be imprisoned until he found sureties for his good +behavior and renunciation of his doctrine and for his future +appearance in court. Juries were loath to find anyone guilty of +seditious libel. + +James II succeeded Charles II to the throne and fostered Roman +Catholicism by appointments and by attempting to suspend laws +unfavorable to Catholics. He commanded all bishops to read in the +churches his Declaration of Indulgence exempting both Catholic and +Protestant dissenters from all penal statutes based on religion. +Seven bishops refused to obey and jointly petitioned him, stating +that his action was illegal according to Parliament. He prosecuted +them for seditious libel in the petition. The jury found them not +guilty. James discharged the two justices of the five who had +rejected the seditious libel doctrine which had been created by +the Star Chamber Court. This roused the whigs and tories in turn +to discharge him by joining in inviting protestants William of +Orange and Mary to take the throne in his place. James was +effectively chased out of England by William's advancing army in +the Glorious Revolution of 1688-9, which took away the powers of +final authority from the king, but without transferring them to +any other body. A "Bill of Rights" stated that + + +1. The king may not suspend laws or dispense with them + without consent of Parliament. + +2. The establishment of a Court of Commissioners and like + bodies for ecclesiastical causes is illegal. + +3. The king may not levy money or extend an authorized levy + without consent of Parliament. + +4. Subjects have a right to petition the king without + prosecution. + +5. The king may not raise or keep a standing army within the + country in time of peace without the consent of Parliament. + +6. Protestants may have arms for their defense as allowed by + law. + +7. The elections of members of Parliament should be free. + +8. The freedom of speech or debates or proceedings in + Parliament should not be impeached or questioned in any + court or place outside of Parliament. + +9. Excessive bail should not be required, nor excessive + fines imposed, nor cruel and unusual punishments inflicted + (so no more men were whipped to death) + +10. Jury selection should not be tampered with, and jurors + who try men for high treason should be freeholders. + +11. All grants and promises of fines and forfeiture of + particular persons, before conviction, are illegal and void. + +12. Parliament should be held frequently for redress of + grievances and for the amending, strengthening, and + preserving of the laws. + +13. All Protestants may freely exercise their religion and + the king will maintain the Protestant religion and the law + and liberty of the realm. + +The right of the peoples' representatives to select and depose the +king and to change the order of succession was established. There +was no divine right or hereditary right to the Crown. An English +monarch was created by an act of Parliament. The king still called +and dissolved Parliaments, except that Parliament continued for +six months after the death of a king. From 1689, Parliament sat +every year. Freedom of speech for members of Parliament was +established by a resolution overturning a King's Bench felony +conviction of Sir John Elliot. + +By the act of settlement of 1701, no officer or pensioner of the +king could be a member of Parliament. All resolutions by the Privy +Council had to be signed by the members consenting to them. No one +born outside the realm could be a member of the Privy Council or +of Parliament, or could have any civil or military office or place +of trust, or any grants of land or tenements from the king. +Justices served during good behavior instead of at the pleasure of +the king. + +After the Glorious Revolution, Tories tended to accept of the Whig +principles of limited constitutional monarchy instead of rule by +divine right. + +Under William and Mary, the ministers were first chosen by them +but could be impeached by the Commons and then removed by the +Parliament. The Commons removed anyone who disagreed with them as +soon as he made a mistake. But the king could pardon anyone +convicted by Parliamentary bill of attainder. This was +inconsistent, so no one was allowed to plead pardon by the king in +an impeachment by the Commons. Thus Parliament gained control of +who would be ministers. + +The Glorious Revolution favored the capitalists and the commercial +magnates even though it had been started by the landed families, +with whom they now intermarried. There were companies in the +fishing, silk, baize [a coarse wool], sugar, rope, paper, iron, +hardware, gunpowder, saw milling, and pottery trades. The largest +pottery workshops employed about six men. One man shaped the pots, +another made the handles and put them on, while the others did the +decoration, the glazing, and the firing. New companies could be +formed without royal or Parliamentary consent. There were no more +commercial monopolies. Regulated companies declined. The Merchant +Adventurers lost their last monopoly privileges; their entrance +fees were abolished. Their method of limiting the volume of their +exports of English cloth to Germany to keep up prices was +obsolete. Now they tried to capture the market by selling cheap. +There were more joint-stock companies and on a larger scale. They +also no longer restricted output to keep prices high, but geared +to export many inexpensive goods. The Stock Exchange was +incorporated about 1694. + +The domestic or "putting out" system came into use. In this +system, the worker usually owned his own machinery and the +capitalist owned the material, which he put out to the worker at +home. The merchant manufacturer bought raw wool and had it carded, +spun, woven, fulled, and dressed at his own expense. Some farmers +became spinners in the winter when outside work was impossible. +The manufacture of nails was also done by this system. +Accordingly, the guilds and municipal corporations in towns ceased +to control the recruiting, conditions of work, and pay of +industries. New industries for the manufacture of silk, paper, and +cutlery were organized on capitalist lines rather than being +subject to guilds. That is, production was controlled by men with +money and the means of manufacture. Only a quarter of 200 towns +had any organized guilds at all. Growing Birmingham was not a +chartered borough, so never was encumbered with guild regulations. +The guild and apprentice regulations were effectively enforced +only in agriculture. Artisans became known as tradesmen. Work was +usually irregular, some seasonal. In bad years, when a worker had +to borrow money, he used work tools, such as his loom, as +security. In this way, work tools often became the property of a +merchant. Some merchant clothiers also owned a fulling mill and a +shop where it was sold. The capitalists first became owners of the +materials, then of the implements, and then of the work places. +But production was still confined to the known wants of its +habitual market. Men used to working at home were generally not +inclined to go to work in a factory. So there was an assortment of +unskilled factory labor, such as country people driven from their +villages by the growth of large estates, disbanded soldiers, and +paupers. They had to be taught, trained, and above all +disciplined. + +In 1670, Vauxhall glass works were opened with workmen brought +from Venice to blow their fine glass and make mirrors. + +The capitalist organization of the mining, glass manufacture, +salt, soap, wire and other monopolized industries was made +possible only by government support. + +From the mid-1500s to 1700, coal production increased fourteen +times. Sir Ambrose Crowley, an iron maker with coal works, +established disability and medical benefits and pensions for his +workers. + +Smiths used trip hammers powered by water mills which turned an +axle with cams on it. They made iron gates, fences, balconies, and +staircases with hammer, anvil, and chisel. Cast iron was made by +running liquefied metal into molds. This was harder but more +brittle than the tough but malleable wrought iron. Tinkers went +from house to house to repair metal items such as pots and pans. + +Salt and glass manufacture expanded. Glass drinking vessels were +in common use. Mirrors of blown plate glass were manufactured in +England. Some plate glass by casting was imported. Plate glass was +a large and strong glass piece, which was formed by the liquid +glass being poured on a table. This glass was not distorted, so +mirrors could be made perfectly reflective. Then plate glass for +coaches, mirrors, and windows became manufactured in England; this +new industry was organized on capitalist lines. + +The East India Company had about half the trade of the nation. Its +shares were frequently bought and sold. It responded to anger over +its semi-monopoly status by granting liberty to all English +subjects below the age of forty to live in its Indian settlements +and to trade practically everywhere. Bombay, India became subject +to the East India Company. Charters gave the East India Company +the right to coin money, to exercise jurisdiction over English +subjects, to levy taxes, to build and command fortresses, to +command English and Indian troops, to make peace and war, and to +enter into alliances with Indian rulers. The Company always paid +high dividends and the market price of its shares generally rose. +100 pound stock was worth 130 pounds in 1669, 245 pounds in 1677, +280 pounds in 1681, 360 and even up to 500 pounds in 1683, and 190 +pounds in 1692. In 1693 a new charter for the Company included +loss of monopoly status by resolution of the Commons. With this +resolution, Parliament assumed the right of regulating commerce, +now no longer the king's province. Thereafter the Commons +regulated trade with India and determined who could participate in +trade there. Political issues developed, which initiated +corruption at elections by entertainment and bribes to candidates, +which was later proscribed. The trade opened up to many more +traders and investors. Ordinary investors came to include women +and Quakers. + +When there was a surplus of grain, it was exported. About 1696, +the king set up a board of trade of eight paid members and great +officers of state, who nominally belonged to it, and a staff. This +was to achieve a favorable balance of trade. For instance, it +imposed tariffs to protect internal markets and put restraints on +imports of goods producible in the country, e.g. live cattle, +dairy products, and woolen goods. It also restricted the export of +raw wool. England led the way in protectionist measures. + +Exports included grain, silk, metal wares, foodstuffs, lead, and +tin. Cloth and manufactures were exported to America. Dyeing and +dressing of cloth became the norm and undressed cloth exports fell +sharply. Imports included linen, flax, hemp, timber, iron, silk +(raw, thrown, and woven), wine, brandy, fruit, coffee, chocolate, +cauliflower, and oil. From America came molasses, sugar, tobacco, +and dyes. The East India Company imported calico, silk, pepper, +spices, China tea, potions, and saltpeter. Tonnage of English +shipping doubled by 1688. Exports and imports increased 50% by +1700. + +Parliament required an oath of allegiance to the new sovereigns +William and Mary from all those in public functions, including the +clergy. By extending this rule to the clergy, Parliament asserted +a supremacy of Parliament over the church. It also asserted a +supremacy over the king by requiring all monarchs to take a +coronation oath promising to govern according to the statutes, +laws, and customs of Parliament, to make judgments with law and +justice in mercy, and to maintain the Protestant religion +established by law. + +Drinking of gin, which had first been made by a Flemish physician, +became popular under King William, who was Dutch. The year of his +accession, the gin monopoly ended. + +England competed with other nations for land in the New World. +Carolina, named for Charles II, was colonized for commerce in +1663. The Episcopal Church, an analogue of the Church of England, +was established there by law. The whole coast became English after +war with the Netherlands gave New York, named for Charles II's +brother the Duke of York, and New Jersey to England in 1667. +Presbyterians and Baptists fled from religious tests and +persecutions in England to colonize New Jersey. For free passage +to the English colonies, people became indentured servants, +agreeing to serve the master of the ship or his assigns with a +certain kind of labor for a term of a few years according to a +written contract made before departure. Also, various statutes +made transportation to any part of America to the use of any +person who will pay for his transportation, for a term of years, +usually seven, a new possible penalty for offenses. In 1636, +Harvard College was founded in New England to advance literature, +arts, and sciences, as well as to train ministers. + +In 1682, Quaker William Penn, son of an Admiral, founded the +colony of Pennsylvania for Quakers in a "Holy Experiment" in +political and religious freedom. The king had granted proprietary +rights to this land to him to discharge a Crown debt to his +father. When Penn refused to take off his hat before King Charles +and asked why Charles took off his own, Charles, unruffled, +replied that "It's the custom of this place that only one man +should remain uncovered at a time". The Pennsylvania Charter of +1701 went beyond Magna Carta and England's law in guaranteeing +right to counsel and giving a right to defendants to summon +witnesses in all criminal cases. It gave Penn absolute authority +and he established liberty of conscience (freedom of religion) and +freedom from arbitrary arrest. In 1751, some Quakers founded a +small hospital in Pennsylvania as an asylum for the insane, where +they would be treated humanely. + +Proprietary colonies, in which an individual or syndicate held +under the crown a sort of feudal overlordship, were founded in +America: namely, Virginia, Maryland, Carolina, New York and New +Jersey in 1663, and Pennsylvania and Delaware in 1682. New +Hampshire was made a royal province in 1680 to cut off the +expansion of Massachusetts, which had been avoiding the trade +laws. These colonies were distinguished from the corporate +colonies of Massachusetts, Plymouth, Connecticut, and Rhode +Island, which made their own arrangements for internal government +without a royal executive. Charles persuaded the Chancery Court to +declare the charter of Massachusetts void; it was given a new +charter in 1691 which made it a royal province. New York was made +a royal province in 1691. Maryland's proprietor gave way to a +royal governor in 1692. Soon all colonies except Rhode Island, +Connecticut, Pennsylvania were royal provinces, with governors +nominated by the Crown. This bringing of union to the colonies was +done for maintenance of order, to coordinate defense, and to +enforce trade laws. + +In 1670, the Hudson's Bay Company was incorporated to engage in +fur trade with Indian trappers in the Hudson Bay and to find a +northwest passage to China. + +In 1701 the founding of the "Society for the Propagation of the +Gospel in Foreign Parts" by the Church of England created many +missionaries in the colonies, where they called their churches +"Episcopalian". + +Increase Mather and his son Cotton Mather were Puritan ministers +in Boston. Increase was for a time the President of Harvard +College and participated in obtaining the new charter of +Massachusetts of 1691. He and his son tried to maintain the +principles of the Puritan founders of Massachusetts, which +included the theories of diabolical possession and witchcraft. But +the thought of Presbyterians, Anglicans, and Baptists became +influential also. In 1692 in the small town of Salem, +Massachusetts, some hysterical girls showing strange spasms and +sounds charged they had been bewitched by certain other residents. +Victims were deluded, flogged, or tortured into forced confessions +and then excommunicated from the church. They were then hanged and +their property confiscated. One man endured being pressed to death +for refusal to plead so that his property would be inherited by +his family rather than confiscated. Eventually, some prominent +citizens including judges were accused. Then the more thoughtful +people began to doubt the whole phenomenon and admitted error. The +excommunications were revoked. Cotton Mather came to accept +Newton's science and advocated inoculation. He encouraged +Puritanism into a simpler piety and charity. This influenced +American Protestantism toward a generalized concern with good +works, morality, and social leadership. + + + + - The Law - + +Any sale of land or lease or estate of freehold or copyhold shall +be in writing and signed. An interest in land given orally shall +have only the force of estates at will. All contracts for sale of +goods or merchandise for the price of at least 10 pounds shall be +in writing and signed by the parties or shall be accompanied by +part payment or partial acceptance of the goods. This is to deter +fraud. This statute caused many small freeholders, including +yeomen, who paid rent by custom to be dispossessed. + +Mortgagees can hold the land of any mortgagor who borrows money +upon security of the land or obtains another mortgage without +prior notice to the initial mortgagee. The mortgagor has six +months to pay off the mortgage and all interest and charges or +vacate the land and lose his equity therein. But a widow's dower +will not be affected if she did not join with her husband in the +mortgage. + +If rent is not paid in a reasonable time, the renter's goods and +grain may not only be distrained, but sold. + +One coparcener of a joint tenancy or tenancy in common may have a +court partition the property without the presence of other +coparceners, because such coparceners are often difficult to find. +This is to avoid wasting of land lying uncultivated and unmanured. + +After the intestate death of a father of any sons or daughters +without wives or children of their own in the life time of their +mothers, the mother and every brother and sister shall share +equally except the customs of London and York shall not be +affected. Administrators have to make an inventory. They have to +account on request by an interested person. They must be bonded by +two sureties. + +Executors and administrators of estates of deceased persons must +pay the debts of the deceased person rather than waste or convert +the goods and chattels to their own use. Creditors may recover +their debts from heirs or devisees of the will of a debtor. + +Men gone beyond the sea who could not be accounted for were deemed +dead after seven years, so their life estates could be terminated. + +Whereas lawful games are not to be used as constant callings for a +livelihood, and young people are deceived and debauched and their +money taken, anyone "winning" money by deceitful or fraudulent +gambling shall forfeit three times his "winnings". + +When a bill of exchange drawn to at least five pounds is not paid +on demand at the time it is made payable, the person who accepted +it may make a protest in writing before a notary public, which +shall be served on the maker of such bill, who must pay it and all +interest and charges from the date of the protest. But if a bill +of exchange is lost or miscarried, another shall be given in its +place. + +No one may take more than 6 pounds in interest for a 100 pound +loan. + +Persons seeking election to Parliament may not give or promise +money, meat, drink, entertainment, present or gift to any elector. + +Because the gaols were full of people in debt due to the late +unhappy times such as the London fire, all prisoners for debt were +to be released upon taking an oath that they had no property over +ten pounds nor had disposed or conveyed property to defraud +creditors. Creditors not wanting them released had to contribute +to their maintenance in gaol. + +The making or selling of fireworks is forbidden or forfeit 5 +pounds. Firing or throwing such from one's house onto or across +the street is a common nuisance with a penalty of 20s. This is to +avoid the loss of life and of eyes. + +Treason to the king is to compass, imagine, or intend death or any +bodily harm tending to death, or maiming or wounding, or +imprisonment, or restraint as well as trying to depose him or levy +war against him. Also included is printing, writing, preaching, or +malicious speaking. Traitors shall suffer death and forfeiture as +in high treason. + +Any malicious and willful burning or destroying of stacks of hay, +grain, or barns, or killing any horses, sheep, or cattle at +nighttime shall be felony and punished by transportation to the +American colonies for seven years. + +Any person apprehending a thief or robber on the highway will be +rewarded 40 pounds from the local sheriff, to discourage the many +robberies and murders which have made travel dangerous. Also, +executors or persons murdered while trying to apprehend a robber +shall have the reward. + +No more than 20 people may petition the king nor more than 10 +people may assemble to present a petition to the king, because +more has been tumultuous and disorderly. + +Anyone may without fee set up a hemp business including breaking, +hatchelling [separating the coarse part and broken pieces of the +stalk from the fine, fibrous parts by drawing the material through +long iron teeth set in a board], and dressing it or flax; making +and whitening thread, spinning, weaving, making, whitening, or +bleaching hemp or flax cloth; making twine or nets for fishing or +stoveing of cordage; or tapestry or hanging because the daily +importation of such has in effect taken the work from the poor and +unemployed of England. + +Retailers of wine may not add to imported wines cider, honey, +sugar, molasses, lime, raisin juice, or herbs. + +Butter sold must be of one sort and not contain bad butter mixed +in with good butter. Butter pots must bear the name or mark of +their potter. + +Salt may be sold only by weight, to avoid deceit by retailers and +wrong to buyers. + +No sheep, wool, woolfels, shearlings, yarn, fuller's earth, or +fulling clay may be exported as has secretly been done, so that +the poor of the realm may have work. + +Fishermen may sell their fish to others than Fishmongers at +Billingsgate fish market because the Fishmongers have forestalled +the market and set their own prices. The buyers of such fish may +resell them in any other London market by retail, except than only +Fishmongers may sell in shops or houses. + +No tanned or untanned skin or hide of any ox, steer, bull, cow, or +calf may be exported because the price of leather has risen +excessively and leather workers can't get enough raw material to +carry on their trade and because poor people cannot afford leather +items they need. + +The newly incorporated Company of Silk Throwers (drew the silk off +the cocoon) employs many of the poor, but others practice the +trade, so an apprenticeship of seven years is required to practice +the trade in the realm. Winders or doublers who purloin or +embezzle and sell silk from the thrower who employs him and the +buyer of such silk shall make such recompense as ordered by a +Justice of the Peace or be whipped or set in the stocks for the +first offence. + +The regulation of the Silk Throwers company restricting the number +of spindles to be worked at one time is voided because it has +taken livelihoods away and caused foreign thrown silk to be +imported. + +Buttons on garments must be made of silk, mohair, gimp, and thread +and by needle to keep employed the many throwers, twisters, +spinners, winders, and dyers preparing the materials for these +buttons. No button may be made of cloth or wood. + +No tobacco maybe grown in England because the colonies would be +discouraged from growing it and the king would not receive customs +from it. + +No goods are to be imported to or exported from America, Asia, or +Africa except in English ships, with masters and 3/4 of the +mariners Englishmen. No manufacture of Europe may be imported into +any colony or territory except shipped from England in English +ships manned by Englishmen. As of 1672, if bond is not given for +colonial exports of sugar, ginger, tobacco, cotton, indigo, cacao +nuts, or fustic [tree that yields a yellow dye] and other dye- +woods going to England, a duty must be paid. As of 1696, no +colonial goods are to be imported or exported or carried from from +one colony to another, except in ships owned and built in England, +Ireland, or the colonies with the masters and three fourths of the +mariners from such places. These navigation acts were strictly +enforced. + +Only persons with lands and tenements or estate worth over 100 +pounds per year or having a lease of at least 99 years worth 150 +pounds per year and owners and keepers of forests or parks may +have any guns, bows, greyhounds, hunting dogs such as setting +dogs, snares, or other hunting equipment. These persons may kill +hare, pheasants, partridges, and other game. Gamekeepers +authorized by Justices of the Peace may search houses and +outhouses and seize unlawful hunting equipment. If hunting +equipment or game is found in a house without good account to the +Justices of the Peace, they shall impose a fine of 5s. to 20s., +one-half going to the informer and one-half going to the poor of +the parish. + +Anyone killing, hurting, or taking away deer from any forest or +park or other ground without consent of the owner or custodian +shall pay a 20 pound fine. This was later increased to 20 pounds +for hunting deer and 30 pounds for wounding or killing deer, with +the pillory for one hour on market day and gaol for a year without +bail for those who couldn't pay. + +Any person privately and feloniously stealing any goods, including +horses, by day or night, in any shop, warehouse, coach stable, or +stable, whether there is a break-in or not, and whether or not the +owner is present, or anyone assisting or hiring such person may +not have benefit of clergy. Any person who apprehends and +prosecutes such person is discharged from parish and ward offices. +An offender being out of prison who informs against two other +offenders who are convicted is to be pardoned. Any person +convicted of theft or larceny and having benefit of clergy is to +be burnt in the cheek nearest the nose instead of on the hand. + +Army officers or soldiers who desert or mutiny shall suffer death +or such other punishment as decided by a court martial of senior +officers rather than the usual form of law, which is too slow. + +Seamen not showing up on board after notice shall serve six months +without pay, but shall not suffer as deserters. Seamen do not have +to perform service in the Army. + +Pirates may be punished by death and loss of all lands and +chattels. Any person aiding, advising, or concealing pirates may +be likewise punished. Officers and seamen killed or wounded in the +defense of a ship or who seize or destroy pirates may be paid by +the owners an amount up to 2 pounds per 100 pounds of freight as +determined by a group of disinterested merchants and the judge. +The amount due to a man killed will be paid to his widow and +children. This is to be done when the ship arrives in port. Any +person who informs of any combinations or confederacies planning +to run away with or to destroy a ship shall be rewarded by the +commander or master of such 10 pounds for a ship 100 tons or +under, and 15 pounds for a ship over 100 tons. The trial may be in +England or the American colonies, whose authorities may issue +warrants for arrest of alleged pirates. Deserters from ships, +because they often become pirates, shall forfeit all wages. +Masters forcing any man fit to travel to stay or shore or +willfully leaves him behind shall suffer three months in prison +without bail. + +Persons may mine for ores on their own land, but must turn it over +to the king who will give compensation for it, including gold, +silver, copper (16 pounds per tun), lead (9 pounds per tun), tin +(40s. per tun), and iron (40s. per tun). + +The fine for having, buying, or selling clipped coins is 500 +pounds, one-half going to the informer, and one-half going to the +king. The offender shall also be branded in the right cheek with +the letter "R". He shall be imprisoned until he pays the 500 +pounds. No hammered coins are lawful. Anyone except a smith in the +king's mint making tools or presses or other machines that can +make counterfeit coins or having such which were stolen from the +mint shall be guilty of high treason. + +By statutes of 1660 and 1662, when goods have been carried off +ships without customs being paid, the Chief Magistrate of the +place where the offense was committed or the adjoining place, or +the Lord Treasurer, or a Baron of the Exchequer may, upon oath, +issue out a warrant to any person to enter, with the assistance of +a sheriff, constable or other public official, any house, shop, +cellar, warehouse, or room in the day time where the contraband +goods are "suspected to be concealed", and in case of resistance, +to break open doors, chests, trunks, or other packages and to +seize such goods, provided that if the information whereupon any +house is searched proves to be false, the injured party shall +recover his full damages and costs against the informer by action +of trespass. This was extended to the colonies in 1696. + +The penalty for cursing or swearing by a servant, day laborer, +soldier, or seaman is 1s. For others, it is 2s. The fine is +doubled for the second offense, and tripled for the third offense. +If an adult offender can't pay, he shall be put in the stocks for +one hour. If a child offender can't pay, he shall be whipped by +the constable or by a parent in the presence of the constable. + +The equity courts are conceding limited proprietary rights to +married women by enforcing premarital settlements or trust +arrangements that designated certain property as a wife's separate +estate and exempted it from control by the husband. Such +protective devices generally reflected a father's desire to shield +his daughter from poverty and benefited only the landed +aristocracy in practice. Also, husbands are not allowed to punish +and beat their wives as before. But the lower rank of men were +slow to give this up. A wife could have the security of the peace +against her husband. He could restrain her liberty only for gross +misbehavior. + +In 1685, the courts ruled that apprenticeships were necessary only +for servants hired by the year, thus exempting most wage laborers. + +There were many variations in religious practices for statutes to +address. The Quakers and Baptists were opposed to any state +church. The Independents and Presbyterians accepted the idea of a +state church. The members of the established church and Roman +Catholics adhered to the state church as it had been for them in +the past. Atheism had a bad reputation. In 1662, the Jews +established the first synagogue in London. The Privy Council +recognized their religious status as long as they were peaceful +and obeyed the laws. They engaged in pawn-broking as well as +money-lending. + +There were various statutes enacted over the course of time +regarding religion, as follows: + +All ministers, school teachers, mayors and other town officials, +including magistrates, were required to take the oaths of +allegiance and supremacy [of the King over the church] or be +removed from office. + +A great number of people refused to come to their parish church or +other public place where common prayer and sacraments were +administered and the word of God was preached according to the +established church. The morning and afternoon Sunday services with +sermons, sometimes by guest preachers, continued. So factions and +schisms developed. In response, the king changed the Book of +Common Prayer and its prayers were required by statute in 1662 to +be read by some priest or deacon in all the churches and places of +public worship wherever and whenever there was any preaching or +lecturing. Attendance at one's local parish church was never again +required. + +As of 1665, no nonconformist minister, i.e. one who endeavored any +alteration of government either in church or state, was allowed to +live or visit within five miles of any corporate town or any place +where he had acted as minister or forfeit 40 pounds. Persons not +frequenting the established church were not allowed to teach in +any public or private school or forfeit 40 pounds. + +By statute of 1670, anyone at least sixteen years old who is +present at any assembly, conventile [private meeting of religious +dissidents to pray and expound scripture], or meeting under +pretence of any exercise of religion in other manner than +according to the established Church of England at which there are +at least five persons present shall be fined 5s. for the first +offense and 10s. for the second offense. (This does not include +members of the same household meeting in their home.) Anyone who +preaches or teaches at such a meeting shall pay 20 pounds for the +first offense, and 40 pounds for further offenses. The householder +who permits such a meeting shall pay 20 pounds. A justice or +Justice of the Peace or chief magistrate may break open doors and +enter by force any house or other place where they have been +informed of any such meeting and take persons there into custody +for prosecution. This is to discourage the growing of dangerous +seditious persons under pretence of tender consciences. + +Religious nonconformity continued especially among the humble +people. The penal statutes caused hundreds of these nonconformists +to be put in gaol. From time to time, the king would release them +and suspend these laws. Sometimes, Charles II allowed dissenters +to meet in private for worship if they got a license from him. +Religious gatherings grew in numbers, size, and geographical +extent. Dissenters were then allowed by statute to meet behind +locked or barred doors. But they had to pay tithes and could be +prosecuted in the ecclesiastical courts for not doing so. By +statute, all congregations and assemblies for religious worship +had to register with the local bishop or archbishop. Disturbers of +religious worship were required to find two sureties for the +amount of 50 pounds. + +Attendance at the established Church of England was never again +required. Nor was preaching or lecturing constrained. Instead, a +statute was passed in 1677 that: Every person shall be pious and +exercise religion publicly and privately on Sunday. No work may be +done or goods sold or forfeit 5s. or the goods respectively. No +one may travel or forfeit 5-20s. In a further statute of 1688, +because some ease to scrupulous consciences in the exercise of +religion may be an effectual means to unite Protestant subjects in +interest and affection, Protestant nonconformists who took the +oaths (or declaration in the case of Quakers) and a declaration +that they were not Catholic, did not adore the Virgin Mary or any +saint, and did not go to mass were declared not liable for +punishment in any ecclesiastical court by reason of their +nonconformity to the Church of England, except Protestant +dissenters meeting behind locked doors. But payment of tithes and +performance of parish duties were still obligatory. Non-conformist +preachers had to subscribe to the tenets of belief listed in the +first eighteen Articles of Religion, but were exempted from the +articles on expounding inconsistencies in scripture, the +traditions of the church, homilies, and consecration of bishops +and ministers of the Elizabethan statute and the statute on +uniformity of prayers and sacraments of Charles II. + +Quakers were active in the countryside. They were about one tenth +of the population and did not believe in a state church. There +were some Quakers schools and some Quaker workhouses to give work +to the poor. For the reason that they met together in large +numbers to the great endangering of public peace and safety and to +the terror of the people, and because they had secret +communications and separated themselves from the rest of the +people and from the usual places of worship, a statute was passed +in 1662, that any Quakers who assembled to the number of five or +more under the pretense of unauthorized religious worship and any +person maintaining that taking an oath before a magistrate was +unlawful and contrary to the word of God or refusing to take a +required oath was to forfeit 5 pounds for the first offence or be +imprisoned for 3 months if he couldn't pay. For the second +offence, the penalty was 10 pounds or imprisonment for 6 months +with hard labor. The third offence required abjuring the realm or +being transported to a plantation of the king beyond the seas. The +policy of Charles II was to allow Quakers to meet undisturbed, to +keep their hats on before magistrates, and to not come to the +parish church. But this policy was only partially adopted in the +country. From 1689, by statute, the Quakers were allowed to affirm +or declare instead of making the customary oath. + +Many Presbyterians became Unitarians, who rejected the trinity of +"Father, Son, and Holy Ghost" and doubted the divinity of Jesus, +but accepted revelation. This statute was then passed in 1697: Any +person having been educated in or having at any time made +profession of the Christian religion who, by writing, printing, +teaching, or advised speaking, denies the Holy trinity, asserts +that there is more than one god, or that the Bible is not of +divine authority, shall be disabled for any ecclesiastical, civil, +or military office. The penalty for a second offense is being +disabled from suing or pleading any action in any court, being +guardian of any child, or executor or administrator of any estate, +or receiving any legacy or deed of gift and imprisonment for three +years without bail or mainprize. + +Catholicism was always disfavored. Catholic priests were executed +with little evidence. At times, Charles commuted the death penalty +for them to banishment. Sometimes there were effigies of the pope +burned in the streets. Such burnings were later banned. At times +Charles allowed Catholics to attend mass. + +By statute of 1672, all civil and military officers and king's +officials must take the oaths of supremacy and allegiance and take +the sacrament of the established Church of England or be incapable +of office. They also had to make a declaration that they believed +that there is not any transubstantiation in the sacrament of the +Lord's Supper, or in the elements of bread and wine, when they +were consecrated. This is to prevent dangers from Papists. As of +1678, no one may be a member of Parliament if he has refused to +take the oaths of allegiance and supremacy and the declaration +that they were not Catholic, did not adore the Virgin Mary or any +saint, and did not go to mass. + +Papists were made to pay higher taxes. Every temporal and +spiritual person, corporation, and guild had to pay taxes to +subsidize the king in the amount of 2s.8d. for every pound's worth +of personal property and money. But Papists had to pay 5s.4d. for +such. Persons and corporations having land worth at least 20s. +yearly, had to pay 4s. for every pounds' worth. But Papists and +aliens had to pay 8s. for such. + +But Charles' sucessor, King James II was Catholic and gave many +offices to Catholics. This prompted a reaction against Papism and +more statutes restricting them. After James II was chased out of +England, a statute of 1688 required suspected Papists in London to +make a declaration that they were not Catholic, did not adore the +Virgin Mary or any saint, and did not go to mass, or stay ten +miles outside of London, excluding tradesmen and manual workers, +sho must only register. All Papists had to forfeit their arms and +any horse worth more than 5 pounds. Also, no monarch or spouse of +such could be a Papist, but must make the declaration as members +of Parliament, and join in the communion of the established Church +of England. As of 1696, a person who is serjeant at law, +counsellor at law, barrister, advocate, attorney, solicitor, +proctor, clerk, or notary must take the oath of supremacy and +allegiance. As of 1698, Papists who kept a school or tried to +educate the young were threatened with perpetual imprisonment. +Also, Popish parents were prohibited from forcing their children +inclined towards Protestantism to become Catholic by refusing them +suitable maintenance. As of 1699, a reward of 100 pounds was +offered to any person who apprehended a Popish bishop, priest, or +Jesuit saying mass. Also, no Papist may buy land. + + + + - Judicial Procedure - + +As of 1679, no man could be held in prison but on a charge or +conviction of crime or for debt. Every prisoner on a criminal +charge could demand as a right from the Court of the King's Bench +the issue of a writ of "habeas corpus" which bound his gaoler to +produce the prisoner and the warrant on which he was imprisoned +for review as to legality. This forced trials to be speedy, which +they had not hitherto been. Now it was impossible for the Crown to +detain a person for political reasons in defiance of both +Parliament and the courts, as Charles I had done. The writ was +suspended in times of war and domestic unrest: 1689,1696, 1708. + +In 1670, William Penn was arrested for sedition for delivering a +sermon in London, contrary to the statute that only the Church of +England could conduct meetings for worship. The jurors would not +convict him, so were gaoled and fined by the justices. The jurors +filed a writ of habeas corpus in the Court of Common Pleas, which +held in their favor. Thereafter the English jury had full +independence to decide to verdicts. By court decision of 1679, +jurors were held not to be responsible to the justice for their +verdict. + +After 1688, hearsay was inadmissible as evidence, which Coke had +recommended. The old system of original writs was abandoned, and +the general concept or a wrong to person or property took its +place. + +A person who was sergeant at law, counselor at law, barrister, +advocate, attorney, solicitor, proctor, clerk, or notary in the +courts had to take the required oaths of allegiance and supremacy. + +As of 1692, persons outlawed could appear by attorney as well as +in person to argue reversal of such outlawry, except in cases of +treason and felony. + +As of 1696, persons accused of high treason where there might be +corruption of the blood or for misprison [concealing knowledge] of +such treason had to be taken before a grand jury for indictment +within three years of the offense. Those indicted or outlawed for +such were given a copy of the whole indictment, but not the names +of witnesses, at least five days before trial in order to prepare +their defense. They could have a copy of the panel of jurors at +least two days before trial. They could be represented in their +defense by not more than two counsel learned in the law and +assigned by the court. Their counsel had free access to them at +all reasonable hours. They could make proof through lawful +witnesses under oath. In a trial of commoners for their lives, a +jury of twelve freeholders had to all agree on acquittal or +conviction. In a trial of a peer, the others peers in Parliament +determined the outcome by a majority vote. + +Jurors were required to have at least 20 pounds income from +freehold land or rents in fee, fee tail, or for life. This +increase in the quality of the jury enabled it to better discern +the issues in dispute. + +Jury sympathy was determined by the sheriff who chose the jury. So +if a sheriff was popularly elected, as in London, he chose jurors +who favored individual and corporate liberty. If the king selected +the sheriff, he chose tories, who supported the Crown. + +Issues of bastardy or lawfulness of marriage had to be tried by a +jury. + +Trespass on the case has now branched into assumpsit, trover, +deceit, negligence, and libel and slander. The latter supplements +bad words punished by the local courts and defamation punished by +the church courts. Trover becomes the normal mode of trying the +title to moveable goods as the courts oblige the defendant to +answer the charge of conversion without permitting him to dispute +the loss and finding. + +This is an example of a writ for trespass on the case: +The King to the sheriff &c. as in Trespass to show: wherefore +(e.g.:___) he fixed piles across the water of Plim along which, +between the Humber and Gaunt, there is a common passage for ships +and boats, whereby a certain ship, with thirty quarters of malt of +him the said A, was sunk under water, and twenty quarters of the +malt of the price of one hundred shillings perished; and other +wrongs &c. as in trespass. + +This is an example of a writ for trespass on the case in +assumpsit: +The King to the sheriff greeting &c. as in Trespass to show: +wherefore whereas he the Said X undertook well and competently to +cure the right eye of the Said A, which was accidentally injured, +for a certain sum of money beforehand received, he the same X so +negligently and carelessly applied his cure to the said eye, that +the said A by the fault of him the said X totally lost the sight +of the said eye, to the damage of him the said A of twenty pounds, +as he saith, and have there &c. wherefore whereas he the said X +undertook to make and build three carriages for conveying victuals +of him the said A to parts beyond the sea for a certain sum of +money beforehand received, within a certain term between them +agreed; he the said X did not take care to make and build the +carriages aforesaid within the term aforesaid, by which he the +said A hath wholly lost divers his goods and chattels, to the +value of one hundred marks, which ought to have been conveyed in +the carriages aforesaid, for want thereof to the great damage of +him the said A as it is said: and have there &c. + +This is an example of a writ for case on indebitatus assumpsit: +The King to the sheriff &c. as in Trespass to show: for that, +whereas the said X heretofore, to wit (date and place) was +indebted to the said A in the sum of for divers goods wares and +merchandises by the said A before that time sold and delivered to +the said X at his special instance and request, and being so +indebted, he the said X in consideration thereof afterwards to wit +(date and place aforesaid) undertook and faithfully promised the +said A to pay him the said sum of money when he the said X should +be thereto afterwards requested. Yet the said X, not regarding his +said promise and undertaking but contriving and fraudulently +intending craftily and subtly to deceive and defraud the said A in +this behalf, hath not yet paid the said sum of money or any part +thereof to the said A (although oftentimes afterwards requested). +But the said X to pay the same or any part thereof hath hitherto +wholly refused and still refuses, to the damage of the said A of +------ pounds as it is said. And have you there &c. + +This is an example of a writ for case for trover: +The King to the sheriff greeting &c. as in Trespass to show: for +that, whereas the said A heretofore to wit [date and place] was +lawfully possessed as of his own property, of certain goods and +chattels to wit, twenty tables and twenty chairs of great value to +wit of the value of ___ pounds of lawful money of great Britain; +and, being so possessed thereof he the said A afterwards, to wit +(date and place aforesaid) casually lost the said goods and +chattels out of his possession: and the same afterward, to wit +(date and place aforesaid) came into the possession of the said X +by finding; Yet the said X well knowing the said goods and +chattels to be the property of the said A and of right to belong +and appertain to him, but, contriving and fraudulently intending +craftily and subtly to deceive and defraud the said A in this +behalf, hath not as yet delivered the said goods and chattels, or +any part thereof, to the said A (although often requested so to +do) but so to do hath hitherto wholly refused and still refuses; +and afterwards to wit (date and place aforesaid) converted and +disposed of the said goods and chattels to his the said X's own +use, to the damage of the said A of ____ pounds as it is said; and +have you there &c. + +The rigid writs with specific forms of action for common law cases +start to fall into disuse. Later, trespass on the case bifurcates +into misdemeanor and the tort of trespass. + +Persons in prison on suspicion of treason could not be released on +bail as of 1688. + +If one of several defendants of a case was acquitted, all +defendants recovered their costs from the plaintiffs. A person +found guilty of malicious prosecution recovered his costs from +his accuser. + +Mercantile cases were decided in light of mercantile custom rather +than according to the strict rules of the common law. + +Merchants and traders could settle their trade disputes by +arbitration, which decision could be enforced by court order. + +After the Restoration, all legal decisions of the Commonwealth and +Protectorate were confirmed subject to a right of appeal. + +The Star Chamber was not restored, and Parliament assumed its +control of the press. The King's Bench succeeded to most of the +Star Chamber's jurisdiction. No longer could the Privy Council +influence criminal cases and the general supervision of legal +processes through the Star Chamber. + +The High Commission court was not restored, but church courts +were, but with depleted powers. They accepted subordination to the +common law courts. Because the church's administration was +inefficient and corrupt and its punishments inadequate, they +gradually lost their power to the common law justices and Justices +of the Peace. They had virtually no authority over laymen. They +could still punish heresy, but lost jurisdiction over the law of +libel and slander, which then were transformed by the civil +courts, and over prostitution and scandalous lewdness. Local +ordinances for suppression of brothels, which were run by madams, +were founded on breach of the peace. In 1678, the death sentence +was taken away from the church courts. In 1697, church sanctuary +was abolished. + +The county courts faded into insignificance, as the Justices of +the Peace took on more jurisdiction. + +In 1668, new justices were issued patents with "at pleasure" +instead of "during good behavior" describing their tenure. Charles +II and James II frequently dismissed justices not favorably +disposed to the Crown. In 1697, they were to have fixed salaries +instead of the profits of justice. By statute of 1701, justices' +commissions were to be made with an established salary determined +by Parliament and a tenure to last during good behavior. They +could be removed only by the address of both Houses of Parliament. +This gave them independence from the king. Their tenure lasted for +the life of the monarch. + +The chief justice could empower persons by commission to take +affidavits from people in the country for court proceedings in +Westminster. + +Judgments were docketed so they could easily be found e.g. by +heirs, executors, administrators, purchasers, and mortgagees. + +Court judgments and fines could be challenged for error only +within twenty years. + +Court decisions were still appealable to the House of Lords. In +1668, Skinner v. East India Company held that the House of Lords +could not exercise original jurisdiction in civil cases between +commoners as it had claimed, but retained its appellate +jurisdiction. In 1675, the House of Lords acquired the new +judicial function of hearing appeals from the Chancery Court by +virtue of the case of Shirley vs. Fagg. + +Any gaol keeper allowing a prisoner to escape in return for money +lost his office forever and had to forfeit 500 pounds. + +The last burning of the occasional burnings of a woman as a +penalty for an offense was in 1688. + +The last bill of attainder, which condemned a person to death, +occurred in 1697. + +The pillory was still in use. + +Benefit of clergy was taken away from those who stole cloth or +woolen manufactures from their drying racks or who embezzled +military stores or ammunition worth at least 20s, or stole goods +of over 5s. value from a dwelling house with a person therein put +in fear, a dwelling house in daytime with a person therein, or by +day or night a shop or warehouse. + +A statute of 1661 gave jurisdiction to naval courts-martial to +decide cases at sea, e.g. insubordination; failure to fight the +enemy, a pirate, or rebels; not assisting a friend, mutiny, +drunkenness, creating a disturbance to protest the quality of the +food, quarreling, sleeping on watch, sodomy, murder, robbery, +theft, and misdemeanors. Usually the penalty was to be determined +by the courts-martial, but sometimes death was decreed. + +In the American colonies, judges were still appointed by the royal +governors and paid by the local legislatures. They still served at +the pleasure of the king. + + + + + - - - Chapter 18 - - - + + + + - Times: 1702-1776 - + +Dress was plainer than before. Gentlemen wore white linen shirts; +waistcoats fitted at the waist and covering the trunk at least; +long lawn ties wound around the throat and tied in front with the +tails tucked in, knee-length coats that were wide in the skirts +and in the sleeve cuffs and having large gold, silver, or bronze +buttons which didn't reach to the buttonholes on the other side of +the coat; knee breeches of cloth, knitted wool, thread, and silk; +and silk stockings rolled up at the knee. Some shoes had metal +buckles. Gold fobs with watches or seals hung from the breeches +pocket. The clothes were made of silk, satin, or velvet and often +in colors such as yellow, orange, scarlet, blue, violet, pink, and +dull slate, and decorated with gold and silver trimmings. A +slender sword was worn on the side. Short wigs, often powdered +with heavily scented white or gray wheat flour, with rolls over +the ears with hair tied at the back, were worn for formal +occasions. Wigs were made of human, horse, goat, or cow hair, or +mohair, worsted, silk, or wire. Sometimes feathers and cork were +also used. The hat was three-cornered, and usually of beaver or +dark felt. There was often a rosette or such to show one's +political opinion. There were new colors and cuts of dress for +every season. By 1750, wearing a sword was just a symbol of +gentility. Gentlemen often had valets to help them dress. Ladies +wore fitted full-length dresses held out by hoops with shoulders +hidden, sometimes with a laced bodice with stays, and lace at the +neck. The waistline fashion fluctuated high and low and in +tightness. The dress could be brocade, satin, velvet, silk, etc. +Some put jewels in their hair and had high elaborate hats with +wide brims tilted forward. Hair was in ringlets at the side or +dressed close to the head with a small top knot covered with a +laced cap. They also wore wigs when dressing up, decorated with +ribbons and artificial flowers. Hooded cloaks were used outdoors +and hoods were used for sun or wind. They carried leather purses +with gloves at elbow length. Both gentlemen and ladies wore +cosmetics and face patches and used tooth powders, breath +sweeteners, lip salves, and choice perfume. Some had false teeth +of bone or ivory wired into place. They both had accessories such +as fans, handkerchiefs, head scratchers, and elaborately designed +snuff-boxes, patch boxes, and perfume containers. Both men and +women sniffed tobacco snuff but only men smoked. They walked with +tall, elegant canes, and women also carried parasols. Hats were +made of wool and hair of beaver, rabbit, or camel. Straw hats were +worn in the summer. There were ready-made clothes and shoes, +especially for children. Night gowns and night caps were worn to +bed. About 1714, umbrellas for rain were introduced. They were +made of waxed silk or taffeta. All but the poorest wore silk and +lace. A prosperous countryman wore riding clothes consisting of +breeches and boots, cut-away coat, and low top hat. + +The highest class were the peers and peeresses of the House of +Lords and their spouses and families. They were the nobility and +held the high political offices, the high ranks in the army and +navy, and owned large estates, usually scattered over the country. +Some were lawyers or merchants. There was much intermarriage among +these families. Indeed, many a noble family had salvaged its +fortunes by marriage to a London merchant. The richest people in +London were international merchants. These high class families +lived in mansions with four or five living rooms, two to five acre +gardens, and stables. + +The next class were the gentry. Their family heads had land and +were often Justices of the Peace. They were sometimes members of +the House of Commons. The oldest son took over from his father, +while the other had to find a living such as in the church, law, +medicine, or trade. They usually lived in mansions. + +The old yeoman class was disappearing due to their selling their +land to larger landowners. Farming on a large scale was more +productive. + +The next class were the "middling sort". In this class were +merchants, lawyers, substantial tenant farmers, smaller +freeholders, millers, innkeepers, in town traders, shopkeepers +(who now kept their wares inside and lived on the second floor), +middlemen, clothiers, ironmongers, goldsmiths, grocers, linen +drapers, apothecaries, school masters, clerks and civil servants, +and customs and excise men. The town people lived in town houses +of two stories plus an attic. + +The last class were the manual workers. These were wage earners or +independent craftsmen, farriers, rural smiths (who shod horses and +made stair rails, window-bars, torch extinguishers, lamp irons, +bells, bolts, hinges, locks, and fire-grates), sawyers, +carpenters, joiners, wheelwrights, nail makers, brick makers, +plumbers (made lead cisterns, kitchen sinks, rain-water heads, +drain pipes and lead flats for houses and ornaments), thatchers, +spinners (silk, flax, hemp, wool, hair), dyers, wool combers, +weavers, shoemakers, hat makers, belt and buckle makers, +dressmakers, milliners (hats, caps, bonnets, cloaks, hoods, +muffs), feather workers, button makers, lace makers, steel pin +makers, brewers, cutlery makers, soap makers, candle makers (made +from beeswax, fallow, mutton-fat, or beef-drippings), comb makers, +barber/hairdressers (shaved, cut hair, made wigs and braids, and +let blood), curriers, leather workers, carpet weavers, paper +makers, tin-plate makers, printers, enamel workers, braziers and +coppersmiths (made kettles, saucepans, canisters, milk pails, +lanterns, candle boxes, candle sticks, and lamp lighters), basket +makers, jewelers (made rings, perfumes, match boxes, buckles, and +tops of canes), watch and clock makers, type founders, letter +cutters, trunk and chest makers, cabinet makers, saddlers, coach +body builders, coach carriage makers, shipwrights, rope makers, +and sail makers. These workers typically worked in their stone or +brick houses in a rural setting, with gardens, a cow, a horse, +pigs, and poultry around them on 2-6 acres. They now ate wheaten +bread instead of rye bread, much meat and cheese, and drank tea. +These people also worked in the harvesting of grain. Some +consolidation of work was starting. For instance, the weaver, who +had furnished himself with warp and weft, worked it up, and +brought it to market himself was being displaced by weavers who +worked under supervision for one merchant in a town on looms the +merchant had acquired. Many women and children were so employed. +It was not unusual for a man to work 13 hours a day for 6 days a +week. Real wages were higher than at any time since the mid-1400s. +The wage earners were well above the subsistence level as long as +trade was good. Working men could now afford leather shoes and +white bread. But eventually, as the employer came to realize how +dependent the weaver had become on him, wages tended to fall. In +1757 a Gloucester weaver, with his wife to help him, could earn, +when work was good, from 13s. to 18s. a week. A few years later, +he could only earn about 11s. A woman spinner earned 10-15d. a day +in 1764, but 3-5d. in 1780. In the same period, men's wages fell +from 17d. to 10d. a day. Only certain workers, whose special +occupation needed greater skill, e.g. the wool-combers, whose wool +was longer and of better quality than carded wool, and shearers, +were better paid. In 1770, wool combers made 13s. a week; their +wage was about the same all over the country because they traveled +form town to town in search of work and always supported each +other. Also in 1770, Newcastle miners earned 15s. a week, +Sheffield cutlers 13s.6d. a week, a Rotherham blacksmith 13s. a +week, a furnace keeper at Horsehay about 12s. a week, a +Staffordshire potter from 8-12s., a Witney blanket weaver or a +Wilton carpet weaver 11s. or more a week, a Manchester cotton +weaver from 7-10s. a week, and a Leeds cloth weaver about 8s. In +this class also were ploughmen, cowmen, dairymaids of the bigger +farms. They had cottages of wood, clay, and straw, with clay +floors and low ceilings, and a divided ground floor. A few had +homes built of stone, covered with slate or thatch. + +Wages of industry were higher than those of agriculture. In 1770, +a day laborer earned 5-6s. a week in winter and 7-9s. in summer +(without board or lodging). In the short harvest time, he could +earn 12s. a week. + +Lastly were the mass of the population of London: hordes of +laborers who depended on casual employment and could be dismissed +at will. + +About half the population had no resources but their labor, which +was usually unskilled and lowly paid. In good times they had just +enough to feed themselves. + +The gap between rich and poor became greater. Marriage remained a +main way to wealth. Also, one trained in the law could aspire to +have a successful career in high political office, which also +brought wealth. But there was less social mobility than in the +previous century and many landed families were consolidating their +position. They expected their oldest son to take and preserve the +family estate. Industrialists who had made a fortune for example +in steel, cotton, coal mining, porcelain, and merchants who wanted +to turn themselves into landed gentlemen found it very difficult +to buy such estates. Old dissenter families, Quakers in +particular, who were highly esteemed as businessmen, as +industrialists, and as model employers were excluded from the +Anglican landowning society. Rich tradesmen, artists, actors, and +writers found it difficult to buy substantial houses in the small +market towns and countryside because of an entrenched hierarchical +atmosphere there that didn't exist in London. The only gentlemen +who were in household service were librarians, tutors, or +chaplains. They ate with the family and did not consider +themselves servants. Servants were kept more at a distance. By the +1750s the servant class was clearly defined. Their quarters were +moved to the basement of the house and they ate together in the +kitchen. But some householders still had special occasions when +everyone would eat together in the dining room, with the servants +at one end of the table. In 1767 about one tenth of the population +in London had servants. Even bricklayers and milk sellers had a +servant. Most families had just one servant. Most wives employed +some other woman or child to help in washing and scouring or in +the minding of the children. + +London had grown beyond the locations of its walls around the +City. London stretched ten miles along the Thames, and was three +miles wide in the center. On the east of the City was the port and +industry. The west side ended at Hyde Park and Regent's Park and +was residential. In 1710 it was still possible to shoot woodcock +in Regent Street. In 1750, Westminster Bridge was opened. In 1760, +the City walls were taken down to ease congestion. The typical +London house, usually brick, was on a rectangular plan and had a +basement to utilize all the space possible. There were pictures on +the walls which were now more covered with damask, brocade, silk, +and wallpaper hung and plain paint than by wood wainscoting. On +the first floor was a front hall or parlor and a back parlor. One +of these parlor rooms was the most important room, where the +family entertained or spent leisure time. In it were sofas, +armchairs, and stools of mahogany or white gilded wood. They were +upholstered with damask or needlework. Imported mahogany was +replacing as a favorite the walnut that was usually used instead +of oak. Much wood was inlaid with a variety of woods. There was +also a carved tripod table, china table, card table, and perhaps +bookcases and/or tea-table. Furniture with original designs made +by the cabinet-maker Chippendale was available. His genius was in +combining various motifs into one harmonious design. Cabinet +makers had to keep abreast of his standards and to imitate them to +conform with their customers' orders. Cabriole legs with claw and +ball feet came into fashion with Queen Anne about 1712. Between +windows were tall mirrors. There were pictures on the walls. From +1760, glass chandeliers hung from the ceiling to reflect +candlelight coming from standing candlesticks or glazed hanging +lanterns with brass frames. The fireplace had an elaborate mantel. +The fire was kept going all day. It was lit by a tender box, which +was unreliable. An iron fire-back was behind the fire. The +firewood was placed on andirons. Fire grates were used from about +1712. At a corner of the building was added a closet. On the +second floor was a dining room, continuation of the closet below, +and a drawing room, dressing room, or bedroom, and perhaps a study +or music room with harpsichord. The dining room had a fireplace, +curtains over the windows looped up at the cornices, one or more +mahogany tables, a set of mahogany chairs with leather or hair- +cloth seats fixed with brass nails (perhaps with some sort of +metal springing), two mahogany sideboards with marble tops, +cupboards or shelves or cabinets with displays of china porcelain, +a wine-cooler, a dumb-waiter, and a folding leather screen. The +china, which was displayed, was mostly imported, but there was +some English china. Later, there was famous Wedgwood stoneware and +pottery with bright, unfading glaze, or with dull black and red +surfaces, biscuit ware of pale green, blue or purple, upon which +white designs stood out like cameos. They came from the pottery +factory at Staffordshire founded by potter Josiah Wedgwood in +1769. There were silver and pewter plates and serving pieces, +silver candlesticks, and silver knives, spoons, and two and three +pronged forks, glass salt-cellars from 1724, and fingerbowls from +which one rinsed one's mouth or cleaned one's fingers after dinner +which were made of glass from about 1760. On the third floor were +bedrooms and a nursery. In the bedrooms, there was a high bed with +curtains, canopies, piles of blankets and pillows, and stairs; +wardrobe; chairs; a wash hand stand; chests of drawers; writing +bureau; dressing table with a couple drawers and a mirror; swing +standing mirror; tin rush candle canister; and night commode. +Children and servants slept on low wooden bedsteads. Walls were +stucco, a form of cement that could be sculpted, or paneled or +hung with silk and printed paper. Servants, such as the page and +footmen, slept in the attic and perhaps in the kitchen or cellar. +There was a wood staircase for the family and a back staircase for +the servants. The floors and staircases were protected with +carpeting. Servants had no right to free time or to holidays. The +kitchen was in the basement or in a covered shed in the back. It +had an open fire and a tin oven. The cold water tap over the stone +sink could supply cold water from a cistern in the basement or +hand-pumped to a roof cistern through wooden pipes at very low +pressure at stated hours for a fee. There was a wash shed in back. +Water pumped from the Thames into underground pipes was thus +distributed to householders three times a week. Some water came +from a well or spring, rain, and street water sellers. Water +carriers were still employed at set fees. Water was kept in lead +cisterns. The wealthy had basement cisterns filled by a commercial +company. The free public conduits of water were out of use by +1750. The front door of the house had two strong bolts on the +inside and a heavy chain. The windows could be shuttered and +barred. There were sash windows with cords and brass pulleys. At +the back of the house was a garden and perhaps a coach house or +stables. The latrine was usually not in the house, but somewhere +in the back garden area. Under it was a brick drain leading to a +public sewer or to a cesspool. Smelly gases arose from it. +Sometimes people gathered such waste up to sell to farmers +returning home in an otherwise empty wagon. In 1760, patented +inside toilets began to be used. A watch-maker named Alexander +Cummings patented in 1775 the water-closet, which had a stink trap +u-bend behind which, after flushing, water resided and prevented +the back-flow of noxious sewer gas. Its pans and overhead cisterns +were made in pottery. They were supported by wood structures. +There were better cements for building. Chinese porcelain, +embroidery, and lacquer-work were popular. Landscaping to +reproduce an idealized country scene replaced formal gardens. +Furniture and landscaped gardens were often done in a Chinese +style. Foreign trees were imported. + +Many of the well-to-do now lived in districts without as well as +within the city limits. Many streets east of the City were named +after the governing families whose estates were there. Their +mansions had interior columns, archways, marble halls and +fireplaces, carving, gilding, rich colors, and high ornamented +ceilings. They each had a picture gallery, a library, stables with +coachmen, grooms, and stableboys, and a still-room for concocting +liquors and cordials such as cherry brandy, sloe gin, and +elderberry wine. Medicine and scents were also developed in the +still-room. Washing was in done wash bowls held by wooden stands +wood and in a built-in bathtub. Hot water usually had to carried +up to it, but bathtubs with hot and cold running water were known. +In these mansions, there were many private parties and balls. The +standard for politeness here was high and gentlemen were expected +to keep their tempers. This came about because impoliteness could +easily lead to a quarrel and then a duel. The pistol was replacing +the sword as the weapon of choice for duels. Good manners +developed for all occasions, with much less swearing and less +rudeness. By gentlemen's agreements, men did favors for each other +without a monetary price, but with the expectancy of a favor in +return. The love of one man for another was recognized as the +highest and noblest of human passions. People of high social +standing left their country estates to spend the winter season in +their townhouses in London with its many recreations such as +receptions, routs, levies, masquerades, balls, dinner parties, +clubs, pleasure gardens, theaters, shops, shows, taverns, and +chocolate and coffee houses. Coffee houses provided Turkish +coffee, West Indian sugar and cocoa, Chinese tea, Virginia +tobacco, and newspapers. They were frequented by learned scholars +and wits, dandies, politicians, and professional newsmongers. Men +of fashion often engaged in wagers and gambling at their clubs and +coffee houses. There were wagers on such matters as the longevity +of friends and prominent people, fertility of female friends, +wartime actions, and political matters. Carriage by sedan-chair +was common. Gentlemen often had valets. In 1776, Buckingham House +was bought as a palace for the royal couple. + +People from different parts of London differed in ways of +thinking, conversation, customs, manners, and interests. For +instance there were sections where sailors lived, and where +weavers, watchmakers, and cow keepers each lived and worked. There +were many specialized craftsmen who worked with their own tools in +their own shops or houses, for some superior who had contact with +the market and who supervised the final processes of manufacture. +These included the goldsmiths, upholsterers, coach makers, +saddlers, and watchmakers, all of whom had many dependents. The +watchmakers had specialists making wheels, pinions, springs, +hands, dials, chains, keys, caps, and studs in their own houses. +The type of industrial organization most common in London was that +in which work was given out to be done in the homes of the +workers: the putting out system. Some industries, such as +watchmaking, silk weaving, and shoemaking were on both a putting +out system and a system of an apprenticeship to journeymen working +on piece work. Shoes were made to order and ready made. The +customer was measured in a shop, the clicker cut out the upper +leathers, which were given to the closer to be closed, and then to +the maker for the sole and heel to be put on. Another class of +shoemaker worked alone or with an apprentice in a garret, cellar, +or stall, using pieces of leather cut out for him by the currier +or leather cutter. London industries included bread, beer, +spirits, and vinegar; sugar refining; tobacco refining; snuff; +spinning and weaving of woolens and worsteds, silk ribbons, tape, +and cloth; printed calico, linens, clothes, laces, tassels, fancy +embroidery, stays, stocking weaving, hats, shoes, leather goods +(boots, shoes hats, gloves, harnesses, saddles), jewelry, glass, +candles, tapestry, musical instruments, cutlery, furniture, paint, +varnish, tools, paper, printer's ink and glue, printing, +publishing, swords, guns, heavy artillery, ships, sails, rope, +carriages, and precious and base metalwares such as brass and +pewter ware. Surgical instruments made included straight and +curved knives and probes, lancets, scissors, spatulas, trepans +(for cutting bone), and cupping cases. Optical instruments made +included eyeglasses, telescopes, and microscopes. In 1727 +eyeglasses were held in place by frames that went over the ears, +which replaced unreliable cords over the ears and leather straps +tied behind one's head. Also made were nautical instruments, +quadrants, sundials, sectors, globes, scales, orrerys [a model +solar system], and air pumps. + +In London, the old distinction between craftsmen and laborers was +blurred by the existence of trades which employed workmen under a +skilled foreman instead of journeymen who had served an +apprenticeship. These trades were, on a large scale, new. Among +the most important of these trades were the distillers and brewers +of liquors, the tobacconists and snuff makers, the sugar refiners +and soap boilers, the vinegar makers, and makers of varnish, of +glue, of printers' ink, and of colors. The latest chemical +theories and the chemical explanation of dying brought about the +invention of new colors and new processes in dying cloth. Workers +in these trades were considered as laborers, but their wages were +high and their positions relatively secure. They learned their +jobs by doing them. The older trades of a similar character, such +as tallow melters and chandlers, wax chandlers, fellmongers, and +the tanners, employed journeymen. + +There were buildings for boiling and distilling turpentine, for +casting brass or iron, and for making glass for chemical works for +sale. + +The skilled artisan who works at home and either makes goods for a +master or sells to the trade verges into the shop keeping class. +On the other hand, the lowest type of shopkeeper, the chandler, +the dealer in old iron, the tripe shop, the milk retailer, the +keeper of a cook shop or a green cellar belong to the class of +unskilled and casual labor. The lowly chimney sweeper, paid 6d. a +day, served an apprenticeship as a boy, and then was his own +master. + +The watermen and lightermen, by virtue of their fellowship and +their apprenticeship and often the ownership of a boat, belonged +to the class of skilled laborers. Craftsmen in the building trades +and paviours had their laborers as smiths had their hammermen to +do the heavy work at laborers' pay. The street ragpickers, the +ballad sellers, and the match sellers belonged to the class of +beggars. + +Working women in London in 1750 were employed in domestic service: +25%, nursing and midwifery: 12%, cleaning and laundry: 10%, +vitualling: 9%, shopkeeping: 8%, hawking: 6%, and textiles: 5%. +Those employed in domestic service were mostly young women who +later married. Some women were schoolteachers, innkeepers, or +manufacturers, which were middle-class employments. Many women in +the realm engaged in a variety of occupations from fanmaking and +hairdressing to catering, and, as widows, often carried on their +husband's trade, including bookselling, hatmaking, building or +ironmongery. + +Although shops still had small frontages of about 15 feet and the +windows had small panes of bottle glass which partly obscured the +view of the goods, there were magnificent shops with large windows +displaying fine goods, bookshops, and print shops with prints of +political satire with caricatures. The shops were generally open +six days a week from 7 am to 8 pm, and over the years later to 10 +pm. In 1675 Josiah Wedgwood opened a showroom in London for his +high quality pottery from Staffordshire. Consumption was on a mass +scale, many people buying what they wanted instead of just what +they needed. There were circulating libraries, public concert +halls, and professional boxing matches. At coffee houses, +chocolate houses, and taverns, people played at dice and cards, +gambled, talked politics and read daily newspapers, in which there +was advertising, reports of marriages and deaths, grain prices, +and book reviews. Different professions and classes and groups, +such as the whigs, the tories, classical scholars, scientists, +clergymen, intellectuals, actors, writers, and journeymen of +particular crafts, had their favorite meeting places. Coffee +houses reflected the character of their neighborhoods. They acted +as postal centers, lost property offices, business addresses, +physicians' consulting rooms, lawyers' and merchants' business +transactions, matrimonial agencies, masonic lodges, auction rooms, +and gambling dens. Some retained a supply of prostitutes. Many +taverns had a rentable private room for the better-off to drink +wine, have meals, meet friends, gamble, do business, and hold +meetings of societies and clubs, especially political clubs. From +this beginning sprang private clubs such as the Blue Stocking Club +in 1750 and the Literary Club in 1764; Lloyd's for sale and +insurance of ships in 1771; and the stock exchange in 1773. The +Blue stocking Club was established by women who organized +conversational parties with guests of intellect and wit. There was +opera, playhouses, concerts usually with Georg Handel's oratorios +such as The Messiah or the foreigners Bach and Haydn, tea-gardens, +fire works, balls, masquerades, wax works, beer shops, and bawdy +houses, except on Sunday. There were straight plays, comic operas, +and melodramas. Three-dimensional sets replaced the two- +dimensional backdrop. Plays containing thinly veiled satires on +politicians were becoming popular. Some plays had crude and +licentious material. Theaters still shared a close association +with brothels. Unlicensed theaters were closed down by a statute +of 1737, but most came to acquire patronage to get a license. This +shaped the development of drama in London for a century. + +The Beggar's Opera depicting an immoral society unable to master +its bandits was written by John Gay as a powerful attack on a +government which most of London hated. With its many ballads it +became very popular. One such ballad goes: + + "Through all the employments of life + Each neighbor abuses his brother; + Whore and Rogue they call Husband and Wife; + All professions be-rogue one another. + The Priest calls the Lawyer a cheat, + The Lawyer be-knaves the Divine; + And the Statesman, because he's so great, + Thinks his trade as honest as mine." + +Another is: + + "A Fox may steal your hens, sir, + A Whore your health and pence, sir, + Your daughter rob your chest, sir, + Your wife may steal your rest, sir, + A thief your goods and plate. + But this is all but picking, + With rest, pence, chest and chicken, + It ever was decreed, sir, + If Lawyer's hand is fee'd, sir, + He steals your whole estate." + +The Thames was crowded with sailing boats and with a line of boats +waiting to unload. Foreign and native ships lined the river banks +in rows. Theft of cargo from docked ships was still a problem and +pirates were still executed at low tide on gallows. Londoners went +to the bridges across the Thames to breathe fresh air. London air +was so smoky and polluted by coal-burning in kitchens and +factories that it gave a cough to newcomers. The river was so +polluted by the sewers by 1760 that all the swans and most of the +fish had disappeared. A Mansion House was built for the Mayor in +1753. The king's zoo had ten lions, one panther, two tigers, and +four leopards. Deer hunting in Hyde Park was now confined to its +northwest corner, which was enclosed for the king, who +occasionally hunted here. Elsewhere in the park were laid out +walks and fountains. Gardens were now natural instead of formal. +The streets were usually crowded with people and traffic. Many +people traveled by sedan chair. On the streets were barrows with +goods such as lace, threads, fruits, and chickens; beggars, ballad +singers, musicians, bands, street dancers, apple women, piemen, +muffin men, fruit sellers, nut sellers, pudding sellers, milk +maids selling milk from buckets, milk sold directly from the cow, +vendors of asses' milk, hawkers, newspaper boys, scavengers with +carts, postal collectors, lamplighters on their ladders, wenches, +chimney sweeps, rat catchers, pick pockets, swaggering bravados, +strolling strumpets, brawling watermen, card sharps, overdressed +beaux, dancing dogs, and acrobatic monkeys. Each trade had it own +call. Billingsgate open-air market was now exclusively for the +sale of fish. Small tradesmen such as dairymen, butchers, bakers, +fishmongers, and chandlers delivered to regular customers food +bought from distributing centers. Workers by necessity lived near +their place of work because there was no cheap transport and +walking through the streets after dark was unpleasant and +dangerous. Hours of work for most craftsmen was from 6 a.m. to 8 +p.m., six days a week. + +It was common for working class families in London to live in a +single room of their house and rent the rest, furnished, to people +of different degrees of prosperity and even of different social +grades. Servants and apprentices slept in the kitchen, the shop, +or the garret. The very poor, such as casual laborers and street +sellers, silk winders, charwomen, usually lived in damp cellars +subject to floods from excessive rain, or in cold and windy +garrets. Tenancy was usually on a weekly basis because of the +general uncertainty of life and trade. Conditions were so cramped +that cabinet makers made beds which masqueraded in the day time as +tables, bureaus, cupboards, or bookcases. The very poor slept in +common lodging houses, sleeping uncovered on the floor, twenty to +a room. Some poor families slept in small hovels made of mud and +straw with their pigs, domestic fowl, dogs, and even asses and +horses. Homeless children slept on the streets. All classes lived +so much at coffee houses, alehouses or clubs, which they often +used as their addresses, that house room was a secondary +consideration. There was an alehouse on almost every street in +London to provide cheap food and beer, lodging, employment +information, credit, newspapers, tobacco, and meeting places for +tradesmen. Some alehouses were recognized employment agencies for +certain trades, such as the hatters, smiths, carpenters, weavers, +boot and shoe makers, metal workers, bakers, tailors, plumbers, +painter and glaziers, and bookbinders. They were often run by one +of the trade, retired or otherwise. Some alehouses catered to +criminals and prostitutes. For cheap and simple eating there were +chophouses, cookshops, and beef steak houses. + +There were about 10,000 English immigrants a year to London in the +1700s. They were mostly young people. London needed many +immigrants because of its high death rate. Over twenty London +people a week died from starvation alone; they were mostly women. +Only about one-fourth of London's population had been born in +London. Especially welcome were sturdy country people for heavy +manual labor, the better educated boys from the north for shops +and offices, and the honest country people, as contrasted with +London's poor, for domestic service. Girls mostly looked for +domestic service, but were sometimes made the mistress of the +house-keeper or steered into prostitution as soon as they entered +the city. Ambitious young men would seek a job as an apprentice, +work hard, flatter his master, and try to marry the master's +daughter. It was easier to find a place to live in London than in +the villages, though there was much overcrowding. Many shopkeepers +and workshop owners in London were involved in leasing, purchases, +and contracts. + +Queen Anne was authorized to build about 50 more churches in +London and Westminster and their suburbs, to be paid for by a coal +tax on imports into the port of London. Churches in London were to +be rebuilt with money paid by funeral rates, rates for tolling the +bells, and rates for the use of palls [altar cloths]. Queen Anne +also appropriated all her revenues from the first fruits and +tenths of ecclesiastical benefices, 16,500 pounds, to the clerical +poor in 1704. + +There were fewer quarrels among passersby on the London streets; +men were less likely to wear their swords. But there were fist +fights by common men which gathered crowds and occasioned betting. +Most crime was petty theft, but mobs and riots were frequent, as +there were no police. Watchmen and constables were often old and +physically incapacitated. The watchmen were householders taking +their turn. This duty of householders watching the streets had +evolved from the ancient obligation of wards to provide men to +guard the walls at night. But few wanted these jobs by which they +could offend their neighbors. Many citizens paid a rate to be +excused from watch and ward duty. Constables were often tavern +keepers. Many riots were started when penal laws against the +Catholics were repealed. They began with the cries of "no popery", +but came to came to target rich men's houses. Mobs sacked and +pillaged at will, burned houses, and flung open the prisons to +increase their numbers. There were political riots between Tories +and Whigs. Working men still used violence to protect their +livelihoods, such as destroying the lodgings and public houses of +cheap immigrant labor such as the Irish. Another instance was +destroying stocking-knitting frames so not too many apprentices +could be employed contrary to the regulations of the stocking +knitters guild. The use of parish workhouse children also was a +cheap supply of labor which forced down the wages of the stocking +knitters. In 1720 a statute banned wearing of calico after mobs +tore calico garments off women. In 1765, thousands marched on +Parliament and persuaded it to ban foreign silk imports. But when +a mob destroyed engine-looms, the army was used against the +rioters and two of them were hanged. This was the last major mob +action. Around the Tower, there were still demagogues standing on +upturned carts haranguing passing crowds. The Tower area was a +favorite place for demonstrators, and for unemployed and +dissatisfied workmen, particularly coal heavers and underpaid +seamen protesting their low pay and poor living conditions. There +was more crime, especially at night, now with organized bands of +men or gangs of children. Bounty hunters made a lot of money +catching offenders. In 1736, to deter the frequent robberies, +burglaries, and other felonies at night, many glass lamps were set +up in places determined by the mayor. They had to burn from sunset +to sunrise. In 1736, a lighting rate was imposed by the City to +pay for all night lighting all year by hired lamplighters. Anyone +breaking or damaging the lights of London would forfeit 40s. for +the first offense, 50s. for the second offense, and 3 pounds for +the third offense. The aldermen had to contract to pay for +lighting, trimming, snuffing, cleaning, supplying, maintaining, +and repairing them. To pay for this system, citizens paid +according to the amount of rent their holdings were worth. If they +didn't pay, they could not vote. + +Bad areas of thieves and prostitutes and the slums east of the +City were gradually being replaced by warehouses and offices. In +1757, London Bridge was widened and the houses were cleared off +it. There were lanes for carriages in the middle and for +pedestrians on each side. Its arches were also widened. Lights +were put on it to be lit all night. And watchmen were put on it +for safety and protection of passengers. (This was paid for by +tolls of 1/2 d. per horse, 1d. per carriage, and 2d.-1s. for +vessels with goods.) About 1762, a body of enterprising citizens +secured private acts of Parliament which allowed them to levy a +house tax in return for providing paving and lighting, which then +greatly improved, as did sanitation. Sidewalks were raised between +the street proper and the buildings, replacing the protective +posts which had lined the roads. Flat stones were put in place of +the pebbles on the roadway. Signs hanging in from of stores, which +had blocked the sunlight, were placed flat in front of the +buildings. This also made the streets more airy. The buildings +were given numbered addresses and street names were placed on +buildings. Loading and unloading could not exceed one hour. +Nuisances like empty carts could be removed. Cranes used in +warehouses had to be stored in unobtrusive places. One who drove +on the foot pavement had to forfeit 10s. for the first offense, +20s. for the second offense, and 40s. for other offenses. Wells +were dug and pumps erected for watering the streets. Pavements +were to be repaired on complaint. Dust boxes and dust holes were +built and had to be used for refuse awaiting pickup by the raker +or forfeit 10s. In 1762, the system of having every man +responsible for cleaning the street in front of his door, which +occasioned piles of rubbish in the central troughs of the streets +waiting for the next rain to be washed away, was abandoned. But +house occupants were required to keep the sidewalk in front of +their house clean or forfeit 2s. If one broke a light, he had to +pay damages if it was accidental, and also 20s. if willful. There +were special stands for hackney coaches, which were 12d.6d. for a +day of twelve hours. Their regulations were extended to Sundays. +Wards were to chose substantial inhabitants to be collectors for a +year at a time to collect the rates, which were not to exceed +1s.6d. per pound of rents. If one declined to be a collector, he +had to forfeit 50 pounds. + +In London, the normal system of building was for builders to buy +up leases, put up a new building, and sell it before the lease +became due. The rules for party walls between buildings were made +more stringent: 2 1/2 bricks thick in cellar, 2 bricks thick to +the garret floor, and 1 1/2 bricks above the roofs or gutters. +They had to be made of brick or stone. In 1772, rain water from +roofs had to be carried to the streets in lead or other pipes that +were affixed against the side of the building. In 1774, iron, +copper, or other pipe or funnel for conveying smoke or steam were +not to be near any inside timber, or in front of most any building +or next to any public street, square, or court. + +In the 1720s firefighters had to fill a tank on a wagon by hand +with buckets. On top of the bucket was a hose that could spray +water high. London parishes were authorized to place upon the +water pipes underground stop-blocks of wood with a plug and +firecocks to go into such pipe at various distances so that there +would be no loss in time in digging down to the pipes to get water +to fight fires. Parishes were required to keep at known places, +ladders and a large engine and a hand engine to throw up water to +extinguish fires including one leather hose with socket fitting +the plug or firecock, so that buckets would not be needed. The Sun +Insurance Company was incorporated for fire insurance in 1711. +Insurance offices were authorized to employ watermen with poles, +hooks, and hatchets to be always ready at a call to extinguish +fires. + +No more than 12 sacks of meal, 12 quarters of malt, 750 bricks, or +1 chalder of coal per load on wagons or carts with wheels bound +with [narrow] iron tire are allowed within ten miles of London or +Westminster, or forfeit one horse. This is to prevent decay of the +roads. + +For every wagon and cart in London, there must be a person on foot +to guide it to prevent the maiming, wounding, and killing of +people, especially the old and children, when drivers ride on +their wagons and carts. Later, it was required that carts must +display the name of the owner and be registered. Still later, +there was a penalty of 10s. for not having a person on foot to +guide any cart. Later still, in 1757, if a new owner of a cart did +not put his name thereon, he had to forfeit 40s., and the cart and +horse could be seized and sold to pay the forfeiture. Persons +willfully obstructing passage on streets with empty carts or +barrels or pipes shall forfeit 5-12s. or do hard labor up to one +month. The justices of London assessed rates and made regulations +for carriage of goods. Certain houses and buildings were bought +and pulled down to widen several streets, lanes, and passages. + +In 1774, persons driving cattle in London, whose negligence or +improper treatment of such cattle cause them to do mischief shall +forfeit 5-20s. or else go to a House of Correction for up to one +month or be publicly whipped. + +The roads around London were neither very attractive nor very +safe. Along them was land covered with water from drains and +refuse and dung heaps. Hogs were kept in large numbers on the +outskirts and fed on the garbage of the town. Smoking brick kilns +surrounded a great part of London. In the brickyards vagrants +lived and slept, cooking their food at the kilns. + +Queen Anne's drinking of tea made it a popular drink, but it was +still expensive. This habit improved health because to make tea, +the water had to be boiled before drunk. Breakfast included tea +and bread and butter, and later toast with melted butter. The rich +also had coffee and chocolate. The morning newspaper was often +read at breakfast. The chief dinner dishes were roast beef, roast +mutton, boiled beef or pork, with puddings and vegetables. Roast +meat was still the basic diet of town and country gentlemen. There +were also fowls, tripes, rabbits, hares, pigeons, and venison. +Many elaborate sauces were made. The national dish was the +pudding, a compound of steak, kidney, larks, and oyster. Drinks +included ginger beer, lemonade, barley water, coffee, chocolate, +tea, and foreign wine. Port from Portugal was introduced about +1703, and rum about 1714. Rum, made from sugar, first became +popular as a medicine, well-whisked with butter. Beer was drunk by +the poorer and middle classes. The poor could afford very little +meat now, unlike 200 years ago. Their standard fare was cheese, +bread, and tea, the latter of which was usually from used tea +leaves bought from rich houses. + +Households were smaller; a peer had a household of about 25-50. +The proportion of women grew to one-third to one-half. Dinner +guests sat and were served in order of rank, with gentlemen on one +side of the table and ladies on the other. Later, a fashion came +in to sit alternately by sex. Dinner was in several courses and +lasted a few hours. Toasts might be made. It was bad manners to +put one's elbows on the table, to sniff the food, to eat too +slowly or too quickly, to scratch, spit, or blow one's nose at the +table, or to pick one's teeth with a toothpick before the dishes +were removed. After dinner, the men drank, smoked, and talked at +the table. There was a chamber pot under the sideboard for their +use. Politics was a popular subject. The women talked together in +the drawing room. Later, the men joined the women for tea and +coffee. The evening often finished with card games, reading +newspapers, verse-making, fortune-telling, walks in the garden, +impromptu dancing, perhaps gambling, and supper. + +The nobility and gentry became more mobile and now mixed together +at parties. At these afternoon parties, there were a variety of +simultaneous activities, instead of everyone participating in the +same activities together as a group. Guests could choose to engage +in conversation, news, cards, tea-drinking, music, dancing, and +even go into supper at different times. Sometimes a man other than +her husband escorted a lady to a party. Having lovers outside +marriage was socially accepted if discrete. + +Single women were discouraged from thinking of their independent +status not as advantageous, but as regrettable. Weddings were +becoming public in church instead of private. Brides wore a white +silk or satin dress with a train. Over one third of brides who +were capable of having children were already pregnant when they +got married. In 1753 a marriage statute required licenses to marry +and the consent of parents or guardians in case of minors, calling +of banns [advance announcement so that anyone could point out why +the marriage should not take place], and need of four weeks +residence in the parish where the license was given by bishop or +other authority, because of the kidnapping of heiresses, +prostitutes trapping unwary youths after getting them drunk, and +priests performing marriages clandestinely and not in church, +which required banns. Two witnesses to the marriage were required +to sign a certificate of marriage, which was then to be registered +in the parish books. Manufactured goods relieved ladies from +baking of bread, brewing, and spinning. So they often visited with +friends, wrote letters, embroidered, and supervised the servants. + +Funerals ceremonies started with socializing at the house with +refreshments, then going in a procession to the church for burial, +and finally returning to the house for more socializing. + +It was possible for a woman-covert to be seized of land in fee +simple or in tail general or special to her separate use, free +from control or intermeddling of her husband. + +Houses were warmed in winter by burning coal. Furniture was still +sparse. Moderate homes had tent-beds in use, with which cloth was +hung on all four sides of the bed from a light iron framework +above the bed. The beds were warmed with a warming pan heated in a +fire before use. There were often bed bugs and fleas. Everyone +wore nightcaps to bed. Pewter tableware was used, but the poor +used tinware instead. Copper, brass, and iron pots and pans were +increasingly common. + +Most towns had a regular market once or twice a week. In them, +street cleaning was still a responsibility of individual +householders. Water was still obtained from wells and pumps. There +was no municipal government as such. Public works were done by +special commissions set up for particular purposes, such as +lighting, cleaning and paving the streets, night watchmen, traffic +regulation, removing nuisances, and improving local amenities. +Large towns had hospitals for the poor. In the larger +manufacturing towns, there were literary and philosophical +societies for debates and discussions. These put together +libraries for use of their members. Also in these large towns, +there were booksellers' shops, printing houses, weekly newspapers, +playhouses, concerts, and horseracing courses, the latter of which +was mostly patronized by gentlemen. Some private citizens of +various towns followed the example of London and obtained from +Parliament the right to levy a house rate for paving and lighting. +Physicians and lawyers lived in two-story brick mansions with +attics and sash windows that could be lifted up and down with the +help of a pulley. They had rectangular wood panes each with a +sheet of glass cut from a circle of blown glass. The old blown +glass was not regular, but had a wrinkled appearance. The center +of each pane of glass was thicker with a knot in the middle left +from the blow pipe. In front of the house were railings which +supported two lanterns at the doorway. + +Towns tended to be known for certain specialties, such as seaside +holiday resorts, spas like Bath, cathedral towns, fashionable +shopping for gentry, and towns with certain industries like glass +and china manufacture, pin-making, pottery, tanning, manufacture +of linen, silk, cotton, and the knitting trade. Certain towns were +famous for certain varieties of wool cloth. Before 1750, a town +with more than 5,000 inhabitants was considered a large town. Shop +keeping was supplanting fairs and markets. Certain industries were +done on a large scale and required workers to be at the same site, +e.g. brewing and distilling; building ships; printing fustians; +making paper, soap (from animal fat) or candles; coal mining, iron +production, mining and smelting of tin and copper, refining of +salt, and digging of clay. Certain other industries also required +some kind of power or team work for their production, e.g. +refining sugar; finishing cloth; making bricks; glass-making; +manufacture of ropes and sails, and processing of copper and brass +into rods and sheets. Often the manufacturer's house was +surrounded by the many cottages of his workers. There the wife and +children usually were busy carding and spinning. Putting out work +and subcontracting were widespread and created many small-scale +capitalists. Workers' hours were typically 6am to 8pm. + +As wood charcoal was becoming expensive, coal was increasingly +used for brewing and for brick, glass, and china manufacturing. +Mines for coal became deeper; flooding of them and of tin and +copper mines became a problem. + +Drovers bought cattle in the countryside, drove them to big towns, +and sold them to fattening graziers or fatted them themselves. +Then they were driven into town and sold to the wholesale butcher, +who sold the carcass to the retail butcher, the hides to the +tanner, and the bones to the glue maker. Flocks of geese were also +driven into towns, after their feet were given a protective +covering of tar. There were also middlemen wholesalers for cheese, +butter, cloth, and iron. + +There was a rage of distemper among the cattle so serious that the +king was authorized to make regulations for prohibiting the +removal or sale and for the burial of distempered cattle Later, +the king was authorized to prohibit the killing of cow calves. No +one may sell any ox, bull, cow, calf, steer, or heifer until he +has had possession of such for forty days or forfeit ten pounds, +because of distemper. Later, the king was authorized to regulate +the movement of cattle from one place to another. + +The main industry of the country was still agriculture. In the +countryside, about half the arable land was under the open field +system, with land cultivated in common. Enclosure of land was +still going on. The enclosures were now done by statutory +commissions to ensure equitable allotments. + +Agricultural improvements came first to enclosed land, which +comprised about half of the agricultural land. In the 1733, Jethro +Tull published a book about his 1701 invention of the seed-drill +to first pulverize the soil for cultivation without manure and +then to deposit seed at a uniform depth in regulated quantities +and in rows instead of being thrown haphazardly. Also explained +was the horse-hoe to stir the soil about the roots of the plants +to preserve moisture, promote aeration, admit warmth, and destroy +weeds. There were more horses than oxen in use now in the fields. +The horse-hoe was first used by large independent farmers on +enclosed land. Also invented was a threshing machine with a set of +sticks to replace hand threshing with flails. Under-drainage as +well as irrigation was practiced. Lord Townshend alternated +turnips, grasses, and grain in his fields, and thus provided +winter food for his cattle. The old forms of crop rotation with +fallow periods were often displaced by legume-rotation field-grass +agriculture. Independent farming gave rise to the improvement of +breeds of livestock by selective breeding. + +Enclosed land produced 26 bushels of grain compared to 18 bushels +for common field land. It produced 9 pounds of sheep fleece +compared to 3 1/2 pounds for common field land. Overall, soils +were improved by being treated with clay, chalk, or lime. +Artificial pasture was extended and there was increased use of +clover, sainfoin, and rye-grass. Grain productivity was four times +that of 1200. A fatted ox was 800 pounds compared to the former +400 pounds which it weighed from the 1300s to the 1600s. The +fleece of sheep increased fourfold. + +By statute of 1756, persons having rights of common in certain +land may, by the major part in number and in value of each's +tenement, enclose such land for planting and growth of timber or +underwood. + +Every village had a smith, carpenter, and miller. The larger +villages also had a potter, a turner, a malster, a weaver, a +tanner, and perhaps a mercer or grocer middleman. Wheelwrights +made ploughs, harrows, carts, and wagons. Ploughs had one, two, or +no wheels. Poor farming families took up extra work in the +villages such as making gloves, knitting stockings, or spinning +yarn. Craftsmen still helped farmers at harvest time. + +Much of the rural population was now dispersed over the +countryside instead of being concentrated in villages because so +many small holders had sold out due to enclosures of farm land, +especially of common land and waste land. The rural working class +lived in two room cottages, with low ceilings, small windows, and +an earth floor. Patience was required for those willing to wait +for an existing cottage in a village to be vacated. Most laborers +did not marry unless and until they found a cottage. Ancient +custom that a person could build a home for himself on waste land +if he did it in one night was ceasing to be respected. Farmers +usually preferred employing day-laborers than keeping servants. +There were many migrant workers, mainly from Ireland, for the busy +summer haymaking and harvesting. + +The children of laborers and of small farmers had little schooling +because they were needed for work. They scared the birds, weeded +the fields, picked the stones, tended the poultry, set beans, +combed the wool, and collected the rushes and dipped them in the +tallow [sheep fat]. + +Farm people relied on well water or rain water collected in lead +cisterns. A farmhouse fireplace had pots hung from iron rods. +Saucepans sat on iron stands, which were stored above the mantel +when not in use. Spits were rotated by pulleys powered by the +upward current of hot air or by a mechanical device. Bacon was +smoked in the chimney accessible by a staircase or upper floor. + +There still existed customary freeholders, who owned their land +subject to certain customary obligations to the lord of a manor. + +The people displaced by enclosure became laborers dependent on +wages or paupers. Their discontent was expressed in this poem: + + "They hang the man and flog the woman + That steals a goose from off the common + But leave the greater criminal loose + That steals the common from the goose." + +Eventually there was some relief given to the poor workers. By +statute of 1773, wastes, commons, and fields having several owners +with different interests may by three-quarters vote in number and +in value of the occupiers cultivate such for up to six years. +However, cottagers and those with certain sheep walks, or cattle +pasture, may not be excluded from their rights of common. By +statute of 1776, the Elizabethan statute restricting locations +where cottages could be erected and their inhabitants was repealed +because the industrious poor were under great difficulties to +procure habitations. + +Land could be rented out at ten times the original value. Land was +typically rented out for 7, 14, or 21 years. Great fortunes were +made by large landowners who built grand country estates. The +manufacturers and merchants made much money, but agriculture was +still the basis of the national wealth. As the population grew, +the number of people in the manufacturing classes was almost that +of the agriculturalists, but they had at least twice the income of +the agriculturalists. + +The greatest industry after agriculture was cloth. Most of this +activity took places in the homes, but families could earn more if +each family member was willing to exchange the informality of +domestic work for the long hours and harsh discipline of the +factory or workshop. More wool was made into cloth in the country. +Dyed and finished wool cloth and less raw wool and unfinished +broadcloth, was exported. Bleaching was done by protracted washing +and open-air drying in "bleach fields". There were great advances +in the technology of making cloth. + +Thomas Lombe, the son of a weaver, became a mercer and merchant in +London. He went to Italy to discover their secret in manufacturing +silk so inexpensively. He not only found his way in to see their +silk machines, but made some drawings and sent them to England +hidden in pieces of silk. He got a patent in 1718 and he and his +brother set up a mill using water power to twist together the silk +fibers from the cocoons into thread [thrown silk] in 1719. His +factory was five hundred feet long and about five stories high. +One water wheel worked the vast number of parts on the machines. +The machines inside were very tall, cylindrical in shape, and +rotated on vertical axes. Several rows of bobbins, set on the +circumference, received the threads, and by a rapid rotary +movement gave them the necessary twist. At the top the thrown silk +was automatically wound on a winder, all ready to be made into +hanks for sale. The workman's chief task was to reknot the threads +whenever they broke. Each man was in charge of sixty threads. +There were three hundred workmen. Lombe made a fortune of 120,000 +pounds and was knighted and made an alderman of London. After his +patent expired in 1732, his mill became the prototype for later +cotton and wool spinning mills in the later 1700s. There were many +woolen manufacture towns. Clothiers might employ up to three +thousand workers. At these, the spinning was done by unskilled +labor, especially women and children in villages and towns. +Weaving, wool combing, and carding were skilled occupations. + +In 1733, clockmaker and weaver John Kay invented a flying shuttle +for weaving. It was fitted with small wheels and set in a kind of +wooden groove. On either side there were two wooden hammers hung +on horizontal rods to give the shuttle and to and fro action. The +two hammers were bound together by two strings attached to a +single handle, so that with one hand the shuttle could be driven +either way. With a sharp tap by the weaver, first one and then the +other hammer moved on its rod. It hit the shuttle, which slid +along its groove. At the end of each rod there was a spring to +stop the hammer and replace it in position. It doubled the +weavers' output. Now the broadest cloth could be woven by one man +instead of two. This shuttle was used in a machine for cotton. But +the manufacturers who used the flying shuttle combined together +and refused to pay royalties to Kay, who was ruined by legal +expenses. Now the price of thread rose because of increased demand +for it. The weavers, who had to pay the spinners, then found it +hard to make a living. But the process of spinning was soon to +catch up. + +In 1738, John Wyatt, a ship's carpenter who also invented the +harpoon shot from a gun, patented a spinning machine whereby +carded wool or cotton was joined together to make a long and +narrow mass. One end of this mass was drawn in between a pair of +rotating rollers, of which one surface was smooth and the other +rough, indented, or covered with leather, cloth, shagg, hair, +brushes, or points of metal. From here, the mass went between +another set of rollers, which were moving faster than the first +pair. This stretched the mass and drew it into any degree of +fineness of thread by adjusting the speed of the second pair of +rollers. Then the thread went by a flier, which twisted it. After +this the thread was wound off onto spindles or bobbins, whose +rotation was regulated by the faster pair of rollers. Or the mass +could be drawn by rotating spindles directly from one pair of +rollers. This machine was worked by two donkeys and was tended by +ten female workers. Because of bankruptcy in 1742, the invention +was sold to Edward Cave, the editor of "Gentleman's Magazine". He +set up a workshop with five machines, each fitted with fifty +spindles and worked by water wheels. Carding was done by +cylindrical carding machines invented by Lewis Paul. +In 1764, the plant was bought by carpenter and weaver James +Hargreaves. His work with it resulted in his invention of the very +successful spinning jenny, which was patented about 1770. He +conceived the idea by watching a spinning wheel that had been +knocked over lying on its side and still revolving for a few +seconds, while the thread, held between two fingers, seemed to go +on spinning itself. The machine consisted of a rectangular frame +on four legs. At one end was a row of vertical spindles. Across +the frame were two parallel wooden rails, lying close together, +which were mounted on a sort of carriage and slid backwards and +forwards as desired. The cotton, which had been previously carded, +stretched, and twisted passed between the two rails and then was +wound on spindles. With one hand the spinner worked the carriage +backwards and forwards, and with the other he turned the handle +which worked the spindles. In this way, the thread was drawn and +twisted at the same time. No longer did it take ten spinners to +keep one weaver busy. But manufacturers refused to pay him +royalties for his invention. He was offered 3,000 pounds for his +rights in the jenny, but refused it. The courts held that the +model of his jenny had been used in industry before it was +patented and any rights he may have had were declared to have +lapsed. Nevertheless, he made over 4,000 pounds. The spinning +jenny was used in many homes. + +Richard Arkwright, came from a poor family and was taught to read +by an uncle. He became a barber and made wigs. Although he was not +a craftsman of any sort, he patented in 1769 a spinning frame +worked by water power and erected the first practical cotton mill +factory. It produced a much stronger thread than could have been +made with a spinning wheel. With capital from two rich hosiers, he +set up a workshop next to a swift and powerful river running down +a narrow gorge. Then he turned his attention to weaving this +thread. In 1773, he set up weaving workshops making pure cotton +calicoes which were as good as Indian calicoes. But there was a +statute of 1721, that no one may wear or use printed, painted, +stained or dyed calicoes e.g. in apparel, bed, chair, cushion, +window curtain, furniture, except those dyed all in blue, or +forfeit 20 pounds by a seller, 5 pounds by a wearer, and 20 pounds +by other users. This prohibition was to provide wool working jobs +to the poor, who had been increasing excessively because of lack +of work. A clarification was made in 1735 that the statute did not +include printed or painted cloth made of an all linen warp (for +strength) and a cotton weft (for fineness) manufactured in Great +Britain because such was a branch of the ancient fustian +manufacture. There was also a statute of 1720, that any one who +willfully and maliciously assaults a person in the public streets +or highways with an intent to tear, spoil, cut, burn, or deface +the garments or clothes of such person and carries this out is +guilty of felony and may be transported for seven years. This was +the way the wool weavers had expressed their opposition to +imported printed cottons and calicoes. The prohibition against the +manufacture and wearing and using of pure cotton fabrics came to +an end in 1774 on arguments of Arkwright made to Parliament that +his pure cottons would bleach, print, wash and wear better than +fustians. This was the first all cotton cloth made in England. + +In 1775, Arkwright added machines to do work prefatory to +spinning. Raw cotton was first fed by a sloping hose to a feeder +that was perpetually revolving. From here it went a carding +machine of three rollers of different diameters covered with bent +metal teeth. The first, with teeth bent in the direction of its +revolution, caught up the cotton fibers. The second, revolving in +the same direction but much faster, carded the fibers into the +requisite fineness by contact with the third, whose teeth and +motion were in the opposite direction. Next, a crank and comb +detached the carded cotton so that it came off as a continuous +ribbon. Then the ribbon went into a revolving cone, which twisted +it on itself. Eventually Arkwright became rich from his creation +of the modern factory, which was widely imitated. He established +discipline in his mills and he made his presence felt everywhere +there, watching his men and obtaining from them the steadiest and +most careful work. He provided housing and services to attract +workers. + +After cotton, the inventions of the spinning jenny and the water- +powered frame were applied to wool. Silk and cotton manufacture +led the way in using new machinery because they were recently +imported industries so not bound down by tradition and legal +restraint. Yarn production so improved that weavers became very +prosperous. Cards with metal teeth were challenging the use of +wood and horn cards with thistles in carding wool. Merchants who +traveled all over the world and saw new selling opportunities and +therefore kept encouraging the manufacturers to increase their +production and improve their methods. Factory owners united to +present suggestions to Parliament. + +Manufacturing broke loose from traditional confines in several +ways. To avoid the monopolistic confines of chartered towns, many +entrepreneurs set up new industries in Birmingham or Manchester, +which grew enormously. Manchester had no municipal corporation and +was still under the jurisdiction of a manor court. It sent no +representative to the House of Commons. All over the country the +Justices of the Peace had largely ceased regulating wages, +especially in the newer industries such as cotton, where +apprenticeship was optional. Apprenticeship lapsed in many +industries, excepting the older crafts. Several legal decisions +had declared seven years practice of a trade as good as an +apprenticeship. + +Apprentices still lived in their masters' houses and were still +treated as family members. The regulations of the Cutlers' Company +remained in force as its masters used their great manual skill to +make cutlery in their own homes with the help of their children +and apprentices. Trades in some towns which had guild regulations +that had the force of law hung on to their customs with +difficulty. + +Although there were few large factories in the country under +effective management of a capitalist, trade unionism was beginning +as two distinct classes of men were being formed in factories. The +factory owner was so high above his workmen that he found himself +on the same level as other capitalists, the banker, who gave him +credit, and the merchant, who gave him customers. Journeymen in +factories could no longer aspire to become masters of their trade +and no longer socialized with their employers. Hard and fast rules +replaced the freedom of the small workshops. Each worker had his +allotted place and his strictly defined and invariable duty. +Everyone had to work, steadily and without stopping, under the +vigilant eye of a foreman who secured obedience by means of fines, +physical means, or dismissals. Work started, meals were eaten, and +work stopped at fixed hours, signaled by the ringing of a bell. +Factory hours were typically fourteen hours or more. Organized +resistance, as usual, began not with those most ill-treated, but +with those men who had some bargaining power through their skills. + +Wool-combers, who worked next to a charcoal stove where they +heated the teeth of the comb, were the most skilled of the cloth +industry were hard to replace. Since they were nomadic, they +quickly organized nation-wide. They agreed that if any employer +hired a comber not in their organization, none of them would work +for him. They also would beat up and destroy the comb-pot of the +outsider. In 1720 and 1749, the Tiverton wool-combers objected to +the import of combed wool from Ireland by burning Irish wool in +clothiers' stores and attacking several houses. They had strike +funds and went on strike in 1749. Their bloody brawls caused the +military to intervene. Then many of them left town in a body, +harming the local industry. The earnings of wool-combers was high, +reaching from 10s. to 12s. a week in 1770, the highest rate of a +weaver. + +In 1716, the Colchester weavers accused their employers of taking +on too many apprentices. When the weavers organized and sought to +regulate the weaving trade, a statute was passed in 1725 making +their combinations void. Strike offenses such as house-breaking +and destruction of goods or personal threats had penalties of +transportation for seven years. Still in 1728, the Gloucester +weavers protested against men being employed who had not served +their apprenticeship. + +When the journeymen tailors in and around London organized, a +statute made their agreements entering into combinations to +advance their wages to unreasonable prices and to lessen their +usual hours of work illegal and void, because this has encouraged +idleness and increased the number of poor. Tailors' wages are not +to exceed 2s. per day and their hours of work are to be 6 a.m. to 8 +p.m. for the next three months, and 1s.8d. per day for the rest of +the year. A master tailor paying more shall forfeit 5 pounds. A +journeyman receiving more shall be sent to the House of Correction +for 2 months. Justices of the Peace may still alter these wages +and hours depending on local scarcity or plenty. Despite this +statute, the journeymen tailors complained to Parliament of their +low wages and lack of work; their masters called them to work only +about half the year. There was much seasonal fluctuation in their +trade as there was in all trades. The slack period for the tailors +was the winter, when the people of fashion retired to their +country estates. After their complaint, their wages then rose from +1s.10d. per day in 1720, to 1s.8d.- 2s. in 1721, to 2s.- 2s.6d. in +1751, to 2s.2d.- 2s.6d. in 1763, to up to 2s.71/2 d. in 1767, and +to 3s. in 1775. Foremen were excluded from wage control. When they +complained of their long hours, which were two hours longer than +the 6 a.m. to 6 p.m. of most handicraft trades, their hours were +reduced in 1767 by one hour to 6 a.m. to 7 p.m. and their pay was +set at 6d. per hour for overtime work at night during periods of +general mourning, e.g. court mourning. Their work hours were +lowered to from 6 a.m to 6 p.m. in 1768. + +The stocking frame-knitters guild, which had been chartered in +1663, went on strike to protest the use of workhouse children as +an abuse of apprenticeship which lowered their wages. They broke +many of their frames, which belonged to their employers, to limit +their number. + +In 1749, combinations to advance wages, decrease hours of work, or +regulate prices were declared void for journeymen dyers, +journeyman hot pressers, all wool workers, brickmakers and +tilemakers, journeymen servants, workmen, laborers, felt and hat +makers, and silk, linen, cotton, iron, leather, and fur workers in +and around London. The penalty was prison or hard labor at a House +of Correction for three months without bail. In 1756, Justices of +the Peace were to determine the rates of wages of wool workers +according to numbers of yards. But this was repealed the next year +to prevent combinations of workers. Wage agreements between +clothiers and weavers were declared binding. Clothiers not paying +wages within two days of delivery of work shall forfeit 40s. + +In 1763 the silk weavers in east London drew up a scale of wages, +and upon its being rejected, 2000 of them broke their tools, +destroyed the materials, and left their workshops. A battalion of +guards had to take possession of the area. In 1765, the silk +weavers marched on Westminster to stop the import of French silks. +In 1768, the weavers rebelled against a 4d. per yard reduction in +their wages, filling the streets in riotous crowds and pillaging +houses. After the garrison of the Tower came, the workmen resisted +with cudgels and cutlasses, resulting in deaths and woundings. The +throwsters [those who pulled the silk fibers from the cocoons of +the silk worms and twisted them together to make a thread] and the +handkerchief weavers also became discontent. A battle between +soldiers and silk weavers at their meeting place resulted in +several men on both sides being killed. In 1773, wages and prices +for the work of journeymen silk weavers in and around London are +to be regulated by the Mayor and Justices of the Peace. Foremen +were excluded. No silk weaver may have more than two apprentices +or forfeit 20 pounds. Journeymen weavers entering into +combinations shall forfeit 40s. This statute satisfied the +weavers, but they formed a union to ensure that it was carried +out. + +In 1750, 1761, and 1765, there were strikes which stopped the work +of the coal industry and harbor at Newcastle for weeks. In 1763, +the keelmen formed a combination to force their employers to use +the official measure fixed by statute for the measurement of loads +of coals. + +The book "Consideration upon the East-India Trade" dating from +1701 advocated free foreign trade. It argued that the import of +goods from India not only benefited the consumer but also the +nation, because it was a waste of labor to use it in producing +goods which could be bought cheap abroad. This labor could be +better put to use in new industries, at easily learned plain work. +Also the low cost of imported goods would motivate the invention +of machines in the nation which would be even more efficient in +manufacturing these goods. But English manufacturers were still +suspicious of free trade. + +Making beer and distilling gin from barley were widespread. The +pastimes of gambling and drinking were popular with all classes. +In the trades, this was promoted by the uncertainties of life and +work and a general sense of instability. Many London tradesmen +started their day with a breakfast of beer, bread, and cheese, the +traditional breakfast of countrymen. Gambling and dissipation +reduced some London men with good businesses to destitution, the +work house, or street begging. Drunken gentlemen played pranks +such as imitating a woman in distress or throwing a person in a +horse trough. Some innkeepers had "straw houses" where customers +who were so drunk they were unable to walk home could sleep in +fresh straw. A person could get drunk for a few pence. Gambling +with cards was a popular pastime after dinner. Cricket matches +were played by all classes instead of just by humbler people; +there were county cricket matches. Gentlemen often took their +coachmen with them to public events such as cricket matches. +Tennis was a sport of the wealthy classes. Billiards, chess, and +games with cards or dice were played, especially in alehouses. +There was horse racing on any open ground to which people brought +their horses to race. Jockeys tried to unseat each other. Hunting +of rabbits and then foxes replaced deer hunting. Bird and duck +hunting was usually with flint lock guns instead of hawks, as the +hedges provided cover from hawks. There was fishing with line, +hook, and bait. Watching the hanging of felons, about 35 a year in +London, was popular, as was going to Bedlam to watch for a fee the +insane being flogged. People went to the Tower to try to get a +glance at a famous prisoner looking through a window or taking a +walk along the battlements. Besides the grand pleasure gardens for +gentry, there were lesser pleasure gardens in London for working +families, which offered fresh air, tea, beer, swimming, fishing, +courting, bowling, and cheap entertainment. Running, vaulting, and +leaping were still popular in the countryside. Fairs had +amusements such as fire swallowers, ventriloquists, puppet shows, +acrobats, jugglers, animal performances, pantomimes, boxing, +dwarfs, and albinos, but less trading. In 1769 was the first +circus. Circuses included feats of horsemanship and clowns. There +was also eating and drinking competitions, foot races, football, +archery, some wrestling, and some bowling on greens or alleys. In +winter there was ice skating with blades and sliding. The right of +public access to St. James Park became entrenched by the 1700s. +There was sailing, rowing, swimming, and hopscotch. George III +made sea-bathing popular and it was supposed to be good for one's +health. There was steeple chasing as of 1752. Horse-racing was +given rules. On Sunday, there was no singing, music playing, +dancing, or games, but the Bible was read aloud, prayers were +said, and hymns were sung. Sabbath-breakers were fined by +magistrates. Men often spent Sunday in a tavern. + +In general, commodity prices were stable. But when harvests were +poor, such as in 1709 when there was famine, and between 1765 and +1775, bread prices rose. The price of wheat in London, which since +1710 had been between 25s. and 45s., rose to 66s. in 1773. Then +the poor engaged in food riots. These riots were often accompanied +by burning; looting of grain mills, shops, and markets; and mob +violence. The English economy was so dependent on foreign trade, +which had trebled since the 1710s, that the slightest disturbance +in the maritime trade threatened the English with starvation. In +many localities the men in need of parochial relief were sent +around from one farm to another for employment, part of their +wages being paid from the poor rates. The poor often went from +parish to parish seeking poor relief. Settled people tended to +fear wandering people. Parishes sought to keep down their poor +rates by devices such as removing mothers in labor lest the infant +be born in the parish. So a statute was passed that a child born +to a wandering woman may not have the place of birth as his +settlement, but takes the same settlement as his mother. Some +farmers hired laborers for only fifty one weeks and some +apprentices were bound by means other than indenture so that they +could not establish settlement in that parish. Laborers who came +to work in industries were refused settlement and sent back to +their original parishes whenever they seemed likely to become +dependent on the rates. Statutes then provided that a parish must +give settlement to apprentices bound for forty days there, not +only by indenture, but by deed, writings, or contracts not +indented. In 1722, parishes were authorized to purchase houses in +which to lodge or employ the poor and to contract with any person +for the lodging, keeping, maintaining, and employing of the poor. +These persons could take the benefit of the work, labor, and +service of these poor, which would be used for the relief of other +poor. The poor refusing such lodging could not then get relief. +Many of the poor starved to death. The propertied classes turned a +blind eye to the predicament of the poor, opining that they were +idle or could save more and did not need higher earnings. + +Charitable organizations gave to the poor and set up all day +Sunday schools to set wayward children on a moral path. The Sunday +schools could accommodate children who worked during the week. +Punishment of children by parents or others could be by whipping +or even sitting in stocks. About half of the people were dependent +on poor relief or charities. + +Desertion by a man of his family was a common offense. Parishes +providing upkeep for the family sent men to find the errant +husbands. The parish would ask unmarried mothers who was the +father of their child and then force him to marry her or pay for +the upkeep of the child. He often made a bargain with the parish +to release him of his obligation for a sum of money paid to the +parish. But many young parish children died of neglect, and later, +parishes were required to list children under four to aid in +accounting for them. Divorces were still few and expensive, but +increasing in number; there were more 60 in this period. It was +easier for a man to get a divorce for one act of adultery by his +wife, than for a wife to get one for habitual unfaithfulness. + +Vagrants and other offenders could be committed to Houses of +Correction as well as to county gaols, because of the expense of +the latter. + +Crime was exacerbated by orgies of liquor drinking by the common +people, especially between 1730 and 1750, the sale of which did +not have to be licensed as did ale. In 1736, it was required that +retailers of brandy, rum, and other distilled spirituous liquors +be licensed and to pay 50 pounds a year for their license, because +excessive use had been detrimental to health, rendering persons +unfit for useful labor and business, debauching their morals, and +inciting them to vices. Only persons keeping public victualling +houses, inns, coffee houses, alehouses or brandy shops who +exercised no other trade were allowed to obtain a license. This +excluded employers who had sold liquors to their journeymen, +workmen, servants, and laborers at exorbitant prices. Street +vendors who sold liquors had to forfeit 10 pounds. A duty of 20s. +per gallon was imposed on the retailers. There were riots in +London against this statute and its new duties. There had been a +tremendous growth in liquor drinking, which did not stop but went +underground after this statute. In 1753, a penalty of 10 pounds or +hard labor for two months was made for selling spirituous liquors +without a license. Also licenses were restricted to people who +were certified by four reputable and substantial householders to +be of good fame and sober life and conversation. Sellers had to +maintain good order in their premises or forfeit 10 pounds. About +1754 only innkeepers, victuallers, and vendors paying rent of at +least 200 shillings could sell gin at retail. The punishment for +the second offense was whipping and imprisonment. That for the +third offense was transportation. About 1754 only innkeepers, +victuallers, and vendors paying rent of at least 200 shillings +could sell gin at retail. The punishment for the second offense +was whipping and imprisonment. That for the third offense was +transportation. In 1751, additional duties were placed on +spiritual liquors to discourage immoderate drinking going on by +people of the meanest and lowest sort to the detriment of the +health and morals of the common people. In 1761, these duties were +again raised. In 1768, officers were authorized to seize all +horses, cattle, and carriages used to transport foreign spirituous +liquors for which duties had been evaded. In 1773, the penalty for +selling without a license was raised to 50 pounds, which could not +be mitigated below 5 pounds. Half the forfeiture was to go to the +suer. + +The informer system for enforcing laws had its drawbacks. +Informers were not trained and were sometimes retaliated against +for informing. Sometimes this meant being tortured to death. +Sometimes there were schemes in which a leader of thieves, would +take a profit in the stolen goods by posing as a good citizen who +tracked down and returned them to the owners for a fee. Also he +might inform on his companions to get the reward for informing or +to punish a troublesome one. Sometimes the owner of goods was +involved in a fake robbery. An effort in 1749 to turn the whole +haphazard system of informers, into a specialized organization for +the detection and apprehension of criminals had caused a mob to +form and make threats; Englishmen associated a police force with +French tyranny. Nevertheless, about 1750, Sir John Fielding, a Bow +Street magistrate, and his half-brother picked men to police the +street under the direct control of the Bow Street magistrates. +This first police district made an impact on the increasing +violence of the times. In 1753, a proposal before Parliament to +have a national census was also defeated by public fear of liberty +being curtailed by having to make account of the number and +circumstances of one's family and giving out information that +could be used by enemies both in the realm and abroad. + +Though grammar schools were endowed for the education of local +poor boys, they sought fee-paying sons of gentlemen. They now +taught arithmetic as well as reading and writing. Translation and +reading of Latin is still important, e.g. Aesop's Fables, Cicero's +Letters, Caesar's Commentaries, Ovid, Livy, Virgil, Horace, Pliny, +Juvenal, and Plautus. The "Eton Grammar" book replaced the "Royal +Grammar" as the standard for Latin and English grammar. The boys +lived in boarding houses superintended by "dames" or older boys. +There were usually two boys to a bed. There was bullying and +initiation ceremonies such as tossing small boys up from a held +blanket or having younger boys run naked in the snow. There were +occasional rebellions by the boys and fights with the townspeople. +Flogging with a birch or caning with a rod until blood was drawn +from the bare buttocks was the usual punishment. There were some +national boys' boarding schools such as Eton, Winchester, and +Westminster. In these schools, boys could mix with sons of rich +and powerful people, thus establishing important connections for +their adult life. But there was more bulling of small boys by +large boys at these schools and the smaller boys became menial +servants of their seniors. Occasionally there were student riots. +However, most grammar schools were not residential. Because the +grammar schools were limited to boys, many boarding schools for +girls were established. Tradesmen's daughters were often sent to +these to learn to act like ladies. Most upper class girls were +taught, at home or at school, English, writing, arithmetic, +drawing, courtly dancing, needlework, music, and French. +Dissenting academies were established for those who did not pass +the religious tests of the grammar schools. Pencils were now in +use. + +Sons of gentlemen usually took "The Grand Tour" of the continent +before going to university. These tours lasted for months or +years, and always included Paris and a protestant French +university. The students went in groups with tutors. The chief +purpose was now cultural, instead of practical. On these tours +there was often misbehavior such as drinking and fighting. In +1720, Travelers Checks were developed for those on the Grand Tour. + +The universities began to teach science. The new professorships at +Cambridge University were: chemistry, astronomy, experimental +philosophy, anatomy, botany, geology, geometry, and Arabic. Ideas +in geology challenged the Bible's description of the creation of +the world and there was a controversy over the origin and nature +of fossils. In 1715, a large pointed weapon of black flint was +found in contact with the bones of an elephant in a gravel bed in +London. Oral and written examinations began to replace +disputations. Few professors lectured. + +Dissenters were excluded from universities as well as from offices +and grammar schools. Oxford and Cambridge Universities were open +only to members of the Church of England, so other universities +were established for dissenters. They taught geography, +mathematics, science, physics, astronomy, mechanics, hydrostatics, +and anatomy. At Oxford and Cambridge and Harvard Universities, +students in science were relegated to different instructors, +buildings, and degree ceremonies than students in literature, who +often looked down on them as socially and intellectually inferior. + +The Inns of Court had ceased to provide residence. The period of +education at law school at the Inns of Court was now reduced in +1760 from seven to five years for ordinary students and to three +years for graduates of Oxford or Cambridge Universities. The +textbooks were: "Doctor and Student" by Christopher Saint-German +(1518) and "Institutes of the Laws of England" by Thomas Wood +(1720). Most landed families tried to ensure that at least one +member of the family in each generation was educated at the Inns +of Court after going to Oxford or Cambridge. In 1739, attorneys +formed a "Society of Gentlemen Practitioners in the Courts of Law +and Equity". In order to earn a living, most attorneys had to +attach themselves to some great patron and serve his interests. So +it was hard for an ordinary person to find an impartial attorney +or to find any attorney willing to contest a powerful family. + +The first encyclopedia came into existence in 1728. In 1740 was +the first public circulating library in London. Samuel Johnson put +together the first dictionary in 1755. It standardized spelling +and pronunciation. Then came dictionaries for the arts, sciences, +and commerce. There were histories with political biases such as +the Earl of Clarendon's "History of the Great Rebellion". +Alexander Pope wrote witty satire on human faults of the period +such as "Rape of the Lock". Daniel Defoe wrote "Robinson Crusoe", +"Moll Flanders", and "The Poor Man's Plea" protesting disparity of +judicial treatment of rich and poor, for instance for drunkenness. +Henry Fielding wrote one of the first novels: "Tom Jones". Joseph +Addison wrote essays on social behavior. Jonathan Swift wrote the +satire on the times "Gulliver's Travels". Samuel Richardson wrote +some of the first novels, such as "Clarissa"; he wrote on values +such as religious faith, moral virtue, and family closeness. +Catherine Macaulay started writing her weighty and impressive +"History of England". Many schoolmistresses wrote textbooks on a +variety of subjects. Poet and essayist Hester Chapone wrote +"Letters on the Improvement of the Mind". Elizabeth Carter wrote +poetry and translated Greek works; her work was published in "The +Gentleman's Magazine". Hannah More wrote the play "The Inflexible +Captive". The diaries of Caroline Girle Powys Daniel told of her +extensive travels in the nation, and the various life styles of +polite society she visited. Defoe's newspaper was the first great +political journal. He claimed that the people have a right to +control the proceedings of Parliament. Essayists like Richard +Steele, who introduced the periodical essay in his newspaper, and +Joseph Addison, in his newspaper, wrote in a conversational style +about the social life around them and the thoughts and behavior of +common men and women in a light and good-humored way. They +separated humor from the old-style farce and gave it taste and +gentility. And with this came a moderation, reserve, and urbanity +in matters of religion, politics, and society. Religious issues +even became a matter of indifference. Fairies, witches, astrology, +and alchemy were no longer taken seriously by educated men. Tales +of fairies, witches, ghosts, and miracles were deemed appropriate +for children. Childrens' stories were becoming a distinct literary +form. Nursery rhymes included "Hush-a-bye baby on the tree top" +and the five little piggies. "Mother Goose's Melody" was published +in 1765. There were picture books for children such as Cinderella, +Red Riding Hood, and Sleeping Beauty. Craftsmen made small models +of their wares, such as dolls' china, dolls' furniture, silver, +and flat lead soldiers. Babies had rattles and teething rings. + +In 1710 copyrights for books was given for 14 years, renewable for +another 14 years. Alexander Pope's translation of the Iliad and +Odyssey made him financially independent. He collected advance +payments from subscribers who would be listed in the book. A new +book industry emerged in London with booksellers as master +manufacturers who employed writers, authors, copyers, and +subwriters. Booksellers sold books of sermons, histories, +political and literary satires, literary criticism, and +dictionaries. There was a growing popularity of novels. Books were +expensive to buy. Regular magazines on the new and strange were +published. There were three daily, six weekly, and ten thrice +yearly newspapers. Newspapers increased in number from 8 founded +in 1700 to a total of 25 in 1727. By 1753, there were over a +million throughout the country. Workmen usually began their day by +reading a newspaper at a coffee house. + +Authors of books which have been registered at the Stationers Hall +shall have the sole liberty of printing and reprinting such book +for 14 years. Others who print or sell or publish such shall +forfeit the books and pay one penny for each sheet found in their +custody, 1/2 to the Queen and 1/2 to the suer. The printer shall +give a copy of each book printed to the Company of Stationers, the +Royal Library, the libraries of the Oxford and Cambridge +universities, and certain other libraries. + +In 1775, the two universities in England, the four universities in +Scotland, and the several colleges of Eton, Westminster, and +Winchester were given in perpetuity a copyright in books given or +bequeathed to them. + +The British Museum was incorporated to hold the collections of +Robert Cotton of manuscripts, books, records, coins, and medals +and of Hans Sloane, which contained rare books, coins, precious +stones, pictures, plants, and mathematical instruments and had +been left to the public. + +Italian opera was introduced in 1706 by Georg Handel on his visit +to England. His music became the standard music of Georgian +England. The Academy of Ancient Music was founded in 1710. It set +the standard of selection and performance. In existence were the +violin (including ones made by Stadivari), viola, cello, double +bass, oboe, trumpet, clarinet, bassoon, trombone, horn, flute, +harp, organ, harpsichord, in which the strings were plucked, and +piano, in which the strings are struck by little hammers. +Orchestras had at least thirty members. Many hymns were written. + +Painting by artists developed. Gentlemen had portraits painted of +their horses and dogs as well as of family. Joshua Reynolds +painted the wealth and beauty of England. Painters such as +Gainsborough did landscapes and dramatic history paintings too, +but neither of these sold as well as portraits. Scenery was +painted for the theater. Places of business had signs painted +which portrayed animals. Coaches were painted with mythological +creatures and such. Gentlemen collected antique statuary and +painting, such as by Rembrandt and Rubens. In 1711 an academy of +painting was founded, which included women painters. The first +public exhibition of paintings was in 1760. The Society of Artists +was formed in 1761 and incorporated by royal charter in 1765. This +differentiated them from the Painter-Stainers Company of face +painters, coach painters, and house painters. The Royal Academy of +London was founded in 1768 to merge all private academies and +societies into one official body and to recognize the best +artistic work. Joshua Reynolds was its first president. It was at +first financed by the king. Under George I, sculptors became +distinct from masons. They did monuments and portrait busts of the +royal family, nobles, and great men. From Italian influence, +Palladian architecture came into vogue. It was typified externally +by a panoramic look achieved by horizontal lines, balanced +alternatives of plain wall and openings, and portico with a heavy +pediment like the front of a Roman temple. Stucco was often used +to plaster housefronts, flute columns, and ornament pediments. +Architects took students. Designers of engraved, etched, and +historical prints were given the sole right to print them for 14 +years. Copiers had to forfeit 5s. per print. + +Foreigners were now interested in learning about English life, +philosophy, and opinion. They learned English to read English +literature such as Shakespeare. No longer were France and Italy +the only centers of culture and influence on other nations. By +1713, England was the leading sea power by far. + +The Royal Society was still the principal focus of scientific +activity. Issac Newton was its President for several years and +drew in more foreigners. Its members were mathematicians, +chemists, botanists, physicians, engineers, authors, poets, and +theologians. Papers given there generated much discussion at its +meetings. Newton opined that particles attract each other by some +force in a similar way that large bodies attracted each other. +This force in immediate contact was exceedingly strong, at small +distances performed chemical interactions, and at greater +distances had no effect. Also there were local associations and +societies. There were learned journals such as "Philosophical +Transactions". In 1714, the mercury thermometer was invented by +Gabriel Fahrenheit of Germany; this was more accurate than the +alcohol and water thermometer. The hydrometer, which measures air +humidity, was also invented. These made possible weather +forecasting. In 1718 the French chemist Etienne Geoffroy published +a table of affinities among chemical substances. Carolus Linneaus, +a Swedish naturalist and botanist, established the scientific +method of naming plants and animals by genus and species. When he +showed that there was a sexual system in plants, church +authorities were so shocked that they suppressed this knowledge as +they did other scientific knowledge. In 1727, Rev. Stephen Hales +discovered the ways that water that plants lost by evaporation was +restored by the roots up the stems. He found that gas could be +obtained from plants by dry distillation and invented a way to +collect gases by heating certain substances. He made ventilators +for ships, prisons, and granaries, using the method of injecting +air with bellows. This saved many lives in the prisons. + +Hans Sloane, the son of a receiver-general of taxes, who became a +physician, had collected hundreds of species of plants in Jamacia +while physician to its governor. He became physician to George II +and was a benefactor to many hospitals and devised a botanic +garden in London for the Society of Apothecaries. + +In 1735, George Hadley, a London lawyer and philosopher, +determined that the cause of the trade winds blowing from the west +direction was the rotation of the earth. Benjamin Franklin in 1743 +observed that a particularly violent storm was in Boston a day +after a particularly violent was in Philadelphia, and realized +that they were the same storm, even though the storm's surface +winds were from the northeast. He determined that Atlantic coastal +storms traveled from the southwest to the northeast. + +In 1738 Daniel Bernoulli, a Swiss university lecturer in physics, +mechanics, medicine, and anatomy, showed that as the velocity of +horizontal fluid flow increases, its pressure decreases. This +followed from his theorem that the total mechanical energy of a +flowing liquid, comprising the energy associated with fluid +pressure, the gravitational potential energy of elevation, and +kinetic energy of fluid motion remains constant; that is it is +conserved. He demonstrated that the impact of molecules on a +surface would explain pressure, and that assuming the constant +random motion of molecules, pressure and motion will increase with +temperature. He explained the behavior of gases with changing +pressure and temperature. In 1754, Scotsman physician Joseph Black +identified carbon dioxide, the first gas recognized as distinct +from everyday breathing air. He did this by using a balance to +weigh alkalis before and after exposure to heat. They lost weight +by losing carbon dioxide. He then ascertained the effects of +carbon dioxide on animals and its production by respiration, +fermentation, and burning of charcoal. At this time, all flammable +materials were thought to contain "phlogiston", which was given +off as they burned and was associated with the transfer of heat. +Plants were thought to remove phlogiston from the air and +therefore burned when they were dry. In 1774, Joseph Priestly, a +nonconformist minister, schoolmaster, and tutor, discovered oxygen +by heating red oxide of mercury. He got interested in the study of +gases by watching the process of fermentation in a brewery next to +his house. His gas collection techniques enabled him to work with +gases soluble in water. He showed that the processes of +combustion, respiration, and putrefaction caused one-fifth of air +exposed over water to disappear, and that plants restored air +vitiated by these processes. When he isolated oxygen, he noted +that it was better than air in supporting respiration and +combustion produced by heating certain metallic nitrates. The +differences between acids, bases, and salts and their relationship +to one another became understood. There was some theoretical as +well as empirical knowledge about metals, e.g. in boiling points, +intermetallic compounds, and changes in properties. + +Static electricity was being discerned. It had been noticed that +shaking a mercury barometer produced a strange glow in its +"vacuum". Experiments showed that a glass rubbed in vacuo would +shine brightly and that an exhausted glass globe rapidly whirled +on a spindle and rubbing against the hand produced a brilliant +glow. And further, as Newton wrote: "if at the same time a piece +of white paper or white cloth, or the end of ones finger be held +at the distance of about a quarter of an inch or half an inch from +that part of the glass where it is most in motion, the electric +vapor which is excited by the friction of the glass against the +hand, will by dashing against the white paper, cloth, or finger, +be put into such an agitation as to emit light, and make the white +paper, cloth, or finger, appear lucid like a glowworm". In the +study of electricity, conductors and insulators were recognized. +There were demonstrations of electrical phenomenon such as seeing +brandy ignited by a spark shooting from a man's finger and +transferring an electrical impulse among a circle of people by +their holding hands. Electricity was stored in an early type of +capacitor. Benjamin Franklin "caught" lightning with a sharp +pointed wire attached on top of a kite which led down to a key. +When a thunder cloud electrified the kite, a charge could be seen +coming from the key to an approaching finger. This charge was +stored and then reproduced to create the same feeling of +electrical transference among hand-holders as a rubbed glass +globe, thereby illustrating that it was the same phenomenon as +electricity. This countered the theological belief that thunder +and lightning were signs of divine displeasure or the work of the +devil. He invented the lightening rod, which was then used to +protect houses. About ten years later, the first lightening rod on +an English church was erected. Franklin theorized that there were +electric charges everywhere and designated them as positive or +negative. He observed that opposite charges attracted each other, +but that like charges repelled each other. In 1766, Joseph +Priestly did an experiment suggested by Franklin and showed that +electrical force follows the same law as gravitational force; that +is, that the attraction or repulsion between two electrical +charges varies inversely to the square of the distance between +them. + +Joseph-Louis LaGrange from France developed differential +equations. Natural history museums were established. A group split +off from the Royal Society to show collections of curiosities. + +In 1754, a self-educated mechanic founded the Society for the +Encouragement of Arts, Manufactures, and Commerce. It had sections +on agriculture, manufactures, mechanics, chemistry, liberal arts, +and trade and colonies. It sponsored contests at which prizes were +given, such as that in 1761 for the best invention of a machine +that would spin six threads of wool, flax, cotton, or silk at +onetime with only one person attending it. + +Machines still mostly relied on human, animal, and water power. + +Abraham Darby was a Quaker and millwright who made large cooking +pots of iron, which cost less than bronze. Around 1713, he +experimented with various substances to take the place of wood +charcoal in iron smelting. Coal was a remote possibility. In +forging or working metals coal had more or less the same qualities +as wood charcoal, but this was not the case in smelting ores, +especially iron ore. Coal contained sulphur compounds which caused +the iron ore to deteriorate. So he controlled the burning of coal +to burn out these impurities, which produced coke. His son took +over after his death and improved the methods of coking, +strengthened the bellows, and added ore limestone and other +reagents to the mixture. By 1756, his large blast furnace using +both pit coal and wood charcoal was very productive. He made iron +goods of such quality as those previously imported. + +In 1767, Richard Reynolds replaced the wooden rails connecting a +blast furnace to mines with cast iron rails. He had apprenticed as +a grocer and then became a partner in a large ironworks of Darby, +whose daughter he married. After Darby died and before Darby's +sons became of age, Reynolds was in charge of the ironworks. He +cast cylinders of the early steam engines. + +In 1749 John Roebuck, a physician and son of a prosperous +manufacturer of Sheffield goods, found a cheaper way to +manufacture sulphuric acid. He did this by using leaden chambers +instead of glass globes to collect the vapor from burning nitre +and sulphur over water. This reduced the cost of sulfuric acid to +one-fourth of its previous cost, so that sulfuric acid came to be +used to bleach linen instead of sour milk. He also made cast iron +into malleable iron by smelting iron using coke from pit-coal +instead of charcoal. But flooding in his mines and further +ventures resulted in his ruin and bankruptcy. + +Thomas Newcomen, a Baptist ironmonger, blacksmith, and locksmith, +supplied iron tools to mine workers. He was aware of the problem +of flooding of mines and the awkward system of pumps which were +used one above the other and were powered by teams of horses. He +made a very valuable contribution to power generation by inventing +the atmospheric pressure steam engine around 1712. He did this by +connecting theory with experiment, through the use of scientific +knowledge, especially the Royal Society's investigation into +atmospheric pressure. First cold water was poured on a cylinder in +which a piston could move up and down. This caused steam inside +the cylinder to cool and condense into water. The vacuum created +inside the cylinder under the piston caused atmospheric pressure +on top of the piston to push the piston down. The piston was +attached by a rod to the end of a beam which end then swung down +from a point on a vertical stand to which it was attached. When +the beam swung, its other end, which was attached to a rod +connected to a pump, rose, thus working the pump. Then steam from +water heated in a boiler under and communicating with the cylinder +was allowed into the cylinder under the piston. This decreased the +atmospheric pressure on the piston from above and allowed the +piston to rise by a counterweight on the rod over and connecting +to the pump. Boys opened and closed the steam valve, which let +steam into the cylinder from below, and the water valve, which let +cold water pour on the cylinder from above. Then the boys were +replaced by the valves being connected to the oscillating beam +which caused them to open and close at perfectly regular +intervals. A story gives the credit for this improvement to an +inventive valve boy who wanted to play with his friends. In 1712, +the mining industry used this steam engine to pump water out of +mine-shafts which had flooded. These engines were also used to +supply water to reservoirs locks at canals, and drinking water +facilities in towns. One such engine developed power equivalent to +fifty horses working at one sixth the cost. It was the first +automatic machine since the clock. + +Then James Watt invented the steam engine which used steam as a +force acting on the piston. Watt made his living making scientific +instruments for Glasgow University. Around 1764, he was fixing one +of Newcomen's engines belonging to the university, when he saw its +inefficiencies, such as the loss of heat when the cylinder was +cooled. He saved this heat energy by having the steam condensed in +another vessel distinct but connected to the cylinder. This +condenser was kept constantly cool by cold water. So the condensed +steam was pumped back into the boiler and it circulated +continuously, thus obviating the need for constant resupply of +water. In order to avoid the necessity of using water to keep the +piston air-tight, and also to prevent the air from cooling the +cylinder during the descent of the piston, he used the expansion +of the steam to push the piston instead of atmospheric pressure. +Then, in order to expand the use of the steam engine beyond that +of a pump, he converted the oscillating motion of the beam into +rotary motion. He formed a partnership with John Roebuck, who had +a two-thirds interest. But when Roebuck needed money, he sold his +interest to Matthew Boulton. Boulton wanted better power that that +of his watermill for his workshops that made metal buttons, watch +chains, shoebuckles of engraved steel, ornamental bronzes, vases, +chandeliers, tripods, silver and plated wares, and imitation gold +and tortoiseshell work. In dry weather, about eight horses were +needed to aid in driving the machinery. A steam pump could pump +water from the bottom of the watermill to the top to be used +again. He had built up this factory of five buildings and six +hundred workers, with 9,000 pounds derived from his marriage to an +heiress. By 1774, the partnership had built a model steam engine +with rotary power whose design could be sold. The price of the +engine was set as the amount of money saved on fuel costs in the +first three years of its operation. This machine was a relatively +economical user of energy, capable of performing almost any kind +of work. + +About 1750, John Wilkinson, the son of a farmer who also oversaw +an iron furnace, substituted mineral coal for wood charcoal in the +smelting and puddling of iron ore. In 1766 he made it possible to +transport coal out of mines on rail wagons drawn by horses. As +father of the iron industry, he made iron chairs, vats for +breweries and distilleries, and iron pipes of all sizes. He +provided Watt with metal cylinders of perfectly accurate shape, +which were necessary for the smooth working of Watt's steam +engine. In 1775 he bought a pumping steam engine from Boulton and +Watt's company for his ironworks. It pumped three times as fast as +Newcomen's engine. + +Watt's steam engine came to be used for power-loom weaving and +then for all sorts of manufactures. It would put England ahead of +every manufacturing country in the world. Millwrights built, +installed, and later designed not only steam engines but the +machinery that they drove. These men were essential in setting up +the first factories. They were the most imaginative and +resourceful craftsmen. They knew how to use a turner's, a +carpenter's and a blacksmith's tools and had supervised or done +smith work, brick-laying or stone-mason's work in erecting and +maintaining windmills with their many gears and bearings. There +was a good deal of variety in mills, as well as in the structure +and workmanship of them, some being worked by horses, some by +wind, and others by water. They had some knowledge of arithmetic +and practical mechanics. They could draw out a plan and calculate +the speed and power of a wheel. Although technically in a branch +of carpentry, the millwrights learned to work with metal as well. +Metal was superior to wood not only because of its strength but +because wood parts were irregular in motion and wore out rapidly. +So iron and brass parts came to replace wood and leather parts. + +In 1728, J. Paine got a patent for rolling iron instead of +hammering it. The iron bars, being heated in a long hot arch or +cavern passed between two large metal rollers, which had certain +notches or furrows on their surfaces. + +Around 1740, clockmaker and Quaker Benjamin Huntsman was struck +with the difficulty of finding finely tempered steel for the +springs of his watches and pendulums of his clocks. He +experimented for years to find a homogeneous and flawless metal, +and finally invented cast steel, which was much harder than +ordinary steel. He did this by remelting refined high quality +wrought iron bars at very high temperatures in sealed fireclay +crucibles, together with small quantities of charcoal and ground +glass as reagents. This distributed the carbon evenly in the +metal, which hammering could not do. He approached the Sheffield +cutlers, who finally agreed to try his cast steel for fear of +losing their business to some other manufacturers who were +approaching Huntsman. Since Huntsman had no patent, he worked at +night and employed only men who would keep his secret. His steel +was made at night. His factory became prosperous about 1770 and +the excellence of his steel manufacture was never equalled. Steel +and wrought iron was scarce and expensive. + +Around 1748, iron founder Samuel Walker, discovered Huntsman's +secret by appearing at Huntsman's factory disguised as a shivering +tramp who asked to warm himself by the furnace fire. He feigned +sleep while watching the whole process. When he began to make cast +steel, his annual output grew from 900 pounds in 1747 to 11,000 +pounds in 1760 and he made a fortune. + +Silver was plated over copper from 1751. White metal from tin and +antimony was used from about 1770. + +The brass industry was beginning to produce brass from copper and +zinc that was as good as foreign brass. The secret of plate-glass +manufacture came to England in the 1770s. + +In 1773, a corporation was set up for the manufacture of plate +glass. It could raise joint-stock because of the great risk and +large expense of the undertaking. + +In 1775, chemist William Cookworthy was given a fourteen year +patent for the discovery of certain clay and stone in England from +which he made England's first true porcelain, i.e. that which +could sustain the most extreme degree of fire without melting, and +also had grain as smooth and lustrous, and the transparency and +beauty of color, equal in degree to the best Chinese or Dresden +porcelain. + +The import duties on diamonds, pearls, rubies, emeralds and other +precious stones and jewels was dropped to increase the business of +cutting and polishing them. + +The world's first chocolate factory was set up in England in 1728. + +The Fanmakers were incorporated in 1709. + +A linen company to sell cambricks [a fine white linen] and lawns +[a thin and fine linen] was incorporated in 1763. + +A free market for fish was established in Westminster to +supplement the free fish market in London to prevent forestalling +and monopolizing of the fish industry and to increase the number +of fishermen. Duties for its maintenance were paid by the +fishermen. Certain men were given the right to incorporate +fisheries of white herring for twenty one years to improve the +fisheries and give employment to the poor. They were authorized to +sell subscriptions and to build ships provided the fishery employ +100,000 in such fishery. There were restrictions on taking fish +from rivers during their breeding season. Herring fishermen were +allowed to land and dry their nets and erect tents and pickle, +cure, and reload fish on uncultivated land up to 100 yards beyond +the high water mark all any shore, forelands, harbors, and ports, +without paying the landholder. Later, a bounty of 30s. per ton was +authorized to be given for vessels that were fitted out and used +for white herring fishery. + +Anyone wishing to be admitted to the Levant (Turkey) trading +company was to be made free of such on paying 20 pounds, so that +this trade may be increased. + +In the 1760s the first cooking school was established by Mrs. +Elizabeth Raffald, a servant. + +As for health, there were many occupational hazards. These +included paralysis by mercury of refiners of silver and gold, +paralysis by mercurial fumes of molten lead by plumbers, palsy of +glaziers working with melted lead and of watch gilders, lead +poisoning of painters, blinding by sawdust of sawyers, and the +affects of fumes on pewterers and letter founders. Particles of +copper were breathed in by copper workers, whose hair and beards +then turned green. Braziers became deaf. Hairdressers, bakers, +masons, bricklayers' laborers, coal heavers, chimney sweeps, flax +and feather dressers, and workers in leather warehouses suffered +pulmonary diseases. Chimney sweeps also had warty skin cancer from +their bodies being habitually covered with soot and the lethal +cancer of the scrotum. Working with charcoal fires affected +confectioners, chocolate makers, and sail-cloth makers. Tanners, +catgut makers, and tallow-candle makers became nauseous. Heavy +work weakened many bodies and caused hernias. Bending over work +for long hours caused stooped posture and hump backs. + +The association between dirt and disease was just beginning to be +made. The principles of infection and hygiene were not well +understood. Bathing every couple of months was not unusual. There +was some theological feeling that cleanliness betokened pride and +filthiness humility. Most houses had a bathtub that could be +placed beside the fire in a bedroom. About 80% of the population +had been getting smallpox, which blinded, maimed or disfigured +many. Deaths from smallpox were only occasional in the country, +but constant in London, where about 13% of every generation died +from it. Making death commonplace, especially in the winter months +when thick, dirty clothes were worn day and night, were typhus, +which was carried by lice; typhoid, which was spread by flies from +horse dung; tuberculosis; and influenza. Dysentery and diarrhea +made death commonplace especially in the summer when flies +transmitted bacteria from filth to food and the water was its most +foul. There was great meaning in the prayer "Now I lay me down to +sleep; I pray the Lord my soul to keep; if I should die before I +wake, I pray the Lord my soul to take." Thyphus spread easily in +hospitals and gaols where vermin could live in the beds made of +wood. Colds and toothache were also common. Venereal disease was +not uncommon among the well-to-do in London. Condoms were used to +deter disease, but were still crude, coarse, uncomfortable, and +unreliable. London had almost double the mortality rate of the +nation. The number of baptisms in London were about 80% of its +burials. About 40% of the deaths in London were among children +under two, due to infantile diseases fostered by malnutrition, +maternal ignorance such as giving babies adult food, ill-health, +bad water, dirty food, poor hygiene, and overcrowding. Many +children died from diptheria, measles, scarlet fever, and +smallpox. Ten or twelve children with three or four surviving was +a common family pattern. Many well-to-do in London kept their +children in the country for their better health. No matter what +the ailment, physicians regularly bled patients and often gave +them enemas with wooden funnels. Sometimes a blister or irritant +was applied to the skin to draw out the evil humors. Cupping was +used to provide suction to remove pressure from various parts of +the body. Also used were poultices, ointments, and herbal +treatments, notably quinine. Opium was given to deaden pain. There +were about 70 drugs in use. Charms, spells, astrology, and folk +remedies still played a major role in medicine. A physician +attended surgeries to give advice. Physicians could visit +apothecary shops once a year and throw away any drugs falling +below an arbitrary standard of excellence. In 1703 the House of +Lords decided a jurisdictional contest between the College of +Physicians and the Society of Apothecaries. It permitted the +apothecaries to direct the remedies as well as to prepare them, +although they could only charge for the drugs they provided. The +poor sought advice from apothecaries. + +There was progress in health. Scurvy virtually disappeared as a +cause of death due to the eating of more vegetables. And people +were cleaner when wearing cotton, which had to be washed. In 1721, +free inoculations for smallpox began in England, pioneered by Lady +Mary Wortley Montague, also a poet and letter writer. She led the +way by having herself and her son inoculated. Theologicians +denounced this practice as a diabolical interference with disease +sent by Providence for the punishment of sin. In 1727 surgeon +William Cheselden, whose master was specially licensed to perform +the operation of removing stones in the hospital, reduced the +death rate for removing stones due to hemorrhage, shock, and +infection down to 17% by his invention of a lateral operation. He +also published an anatomy book and treated certain kinds of +blindness by forming an opening in the eye to serve as an +artificial pupil. Sarah Wallen Mapp was a famous bone-setter. +Nutritional deficiency diseases were beginning to be understood. +In 1753, James Lind, a surgeon in the navy who noted that more men +died of scurvy than in battle, published his work on his +controlled experiment on seamen showing that oranges, lemons, +limes, green food, and onions cured scurvy. He published his +methods of prevention and cure of malarial fevers and his method +of disinfecting ships with the smoke of wood and gunpowder. In +1761, he discovered that steam from salt water was fresh, and +proposed a method of distillation to supply ships with fresh +water. In 1761 Giovanni Morgagni from Italy opined that disease +resulted from a breakdown of organs and tissues that was viewable +on autopsy. He wrote an extensive book showing the anatomy of +diseases, e.g. affections of pericardium and aorta, (e.g. +aneurysm), valve diseases, ulceration, rupture, dilation, and +hypertrophy. He associated clinical observation with anatomy of +disease, e.g. attacks on upper part of chest on left side and +difficulty breathing and numbness of left arm all ceasing with +exertion with dilation of aorta and hardening of arteries, causing +delay of blood in the aorta, in the heart, and in the lung +vessels. Bernoulli showed that the living human body constantly +changes so that all its particles are renewed in a certain number +of years. Frenchman Dr. Pierre Fauchard, the father of dentistry, +recommended rubbing one's teeth and gums with a piece of sponge. +His book of 1728 described methods and instruments. + +Since three out of four babies died shortly after birth, beds in +hospitals for pregnant women were established starting in 1739. +The next year physicians began to replace midwives. A hospital was +established for abandoned foundling children in 1739 so they +wouldn't die, as they usually did, in the care of parishes or +workhouses or be exposed in the streets or left on door steps of +the wealthy. It was besieged by women with babies in their arms. +In 1762 a statute made the principles of the foundling hospital +obligatory for all London parish children under six; they were to +be sent to nurses outside London who were to be paid at least 2s. +a week by the parish. In 1766, this was extended to all parishes, +and nurses who cared for a child well for a year was given a +reward of at least 10s. Also, parish children were not allowed to +be apprenticed for more than seven years or until age 21 and an +apprentice fee of at least 4 pounds, 2s. was to be paid to the +master or mistress by the parish. + +After 1740, there was a steady growth of population due to +improved midwifery. William Smellie taught scientific midwifery in +London from 1741 and wrote a "Treatise on Midwifery" in 1752, +which had a clear explanation of the mechanism of labor. At this +time there were several maternity hospitals. Forceps existed for +difficult deliveries. In 1750, Dr. Cadogan wrote his book: "An +Essay on the Nursing and Management of Children, which made a +great improvement in the care of young children. For instance, it +recommended loose clothing, no tight swaddling clothes, and a +simple diet. Swaddling clothes were used to retain a baby's +evacuations but produced discomfort and serious skin conditions. A +hospital was founded for venereal diseases in 1746, another as an +asylum for the penitent and orphaned girls who might otherwise be +inclined to prostitution, and yet another for prostitutes in 1758. +Coitus interruptus was widely used for birth control. There were +also clandestine abortions and intentional neglect of newborns. + +Melancholy was widespread. Suicides were frequent and drugs were +sold for this purpose. In 1725, the mentally ill were classified +as curable or incurable. There were many private lunatic asylums. +A lunatic who was furiously mad and dangerous was required to be +safely locked up or chained in his place of settlement. There were +frequent and dangerous abuses in madhouses, so in 1774, no one may +keep or confine more than one lunatic without a license granted by +the Royal College of Physicians or forfeit 500 pounds. A Justice +of the Peace and a physician inspected all madhouses to observe +conditions and care of patients there. If refused admittance, the +license was forfeited. + +In 1712 was the last time a monarch touched a person to cure him +of a malady such as scrofula. + +In 1743 surgery students began to dissect corpses with their own +hands to better learn anatomy. In 1744 the Company of Surgeons was +separated out of the Company of Barber-Surgeons. The barbers were +proscribed from performing surgery and had to have a separate +corporation from the surgeons because of the ignorance and +unskillfulness of barbers healing wounds, blows, and hurts e.g. by +blood letting and drawing of teeth. There was a Surgeon's Hall, +officers chosen by the surgeons, and bylaws. The surgeons were +required to examine candidates for the position of surgeon in the +king's army and navy. They were exempted from parish, ward, and +leet offices, and juries. In 1752, a statute provided that the +corpses of murderers were to be sent to the Surgeon's Hall to be +anatomized, for the purpose of deterring murders. The penalty for +rescuing the corpse of a murderer was to suffer death. + +The first dispensary for the poor was established in 1769 to give +free medicine and treatment to the infant poor, and then to the +infants of the industrious poor. + +The progress of science was seen to threaten the authority of the +church. There was a general belief in God, but not much attention +to Jesus. Feared to come were free thought, rationalism, and +atheism. There was still a big gap between local parsons and +bishops, who were educated, well-off, and related to the +aristocracy. On the whole, preachers talked about morality and +Christian belief. They stressed good works and benevolence. But +many Protestant clergy were more concerned with their own livings +than with their parishioners. They were indolent and did not set a +good example of moral living. + +From 1715, Freemasonry spread and swiftly provided a spiritual +haven for those who believed in God and desired ritual and +mysticism. + +About 1744, John Wesley became the leader of the Methodist +religious movement for the mining and industrial laborers. He lead +an aesthetic life, eating bread and sleeping on boards. The +movement was called Methodist because of its methodical regularity +of living. It was characterized by an evangelical revival and a +promise of individual salvation. The person to be saved from the +horrors of eternal damnation in hell was to discipline himself to +regular prayer, self-criticism, and hard work and to forsake +worldly pleasures such as drinking, overeating, and even frivolous +talk. Wesley believed in witchcraft and in magic. He opined that +bodily diseases and insanity could be caused by devils and some +dreams are caused by occult powers of evil. With the Methodist +movement, there was a concomitant growth of philanthropic +activities by the Methodists. They gave to the poor, and visited +the sick and the imprisoned. Wesley preached in the open air where +all who wanted to attend could and also could wear whatever +clothes they had. Though large crowds of poor people were feared +because of their mob potential, their meetings were stormed as has +been Quaker meetings, with the shouts of "the church in danger". +The Methodists' homes were invaded and their belongings destroyed +or taken or their persons beaten with tacit permission of +authorities. Some Justices of the Peace drafted preachers into the +army or navy as vagabonds. Eventually, however, the Methodist +revival imbued energy and piety into the lethargic clergy of the +established church. A new moral enthusiasm and philanthropic +energy grabbed the nation. Prisons were reformed, penal laws made +more wise, slave trade abolished, and popular education given +momentum. In the established church, charity gained precedence +over theology and comfort over self-examination and guilt. +Evangelist George Whitfield preached Calvinism and it split off +from Methodism. Calvinism went into full decline. Presbyterianism +collapsed into unitarianism and there was a general tendency +towards deism. + +Church sanctuary was abolished for those accused of civil +offenses. + +There was much travel by scheduled coaches, which usually carried +several passengers and were drawn by four horses. Regular service +of public vehicles to and from London went four miles an hour; it +took two days to go from London to Oxford. It was not unusual for +a coach to bog down or overturn. Sometimes it had to detour around +an impassable stretch of road or borrow a couple of oxen from a +nearby farm to get out of a quagmire. Men and horses drowned in +some of the potholes. Robbery was endemic and some of the roads +were so unsafe from highwaymen that bands of armed horsemen were +hired to accompany the coaches. It was not unusual to come across +gibbets for hanging at crossroads. At coach headquarters in inns +in London, there were casual workers who associated with gangs of +thieves specialized in passengers' goods. Traveling merchants +preferred packhorses to carts because they could cross overland or +through watercourses more easily. These pack horses traveled in +regular caravans in single file. The leader had a bell around his +neck to warn, from a distance, riders or carts coming in the +opposite direction. Carts traveled about two miles an hour. In +1711 the trustee system superseded administration by the Justices +of the Peace of the turnpike system, including tolls and toll +booths. The toll booths were frequently attacked by riotous mobs. +So anyone pulling down or destroying turnpike gates at which tolls +are to be paid shall go to prison or put to hard labor in a House +of Correction for three months without bail. He shall also be +whipped in the market place between 11:00 and 2:00. If he offends +a second time, he shall be transported for seven years. Later the +penalty of prison up to three years was added as an alternative. +The hundred was to pay the damages up to 20 pounds. The penalty +for threatening the toll collector or forcibly passing through was +5 pounds for the first offense, and 10 pounds for the second +offense with imprisonment for one year for those who couldn't pay. + +By 1750, about 60 miles could be made in a day. The turnpike +trusts took over most of London's major highways during the 1700s. +There was no travel on Sundays until 1750. + +In 1745, shocked by the difficulty caused by bad roads in +concentrating the royal army to stop the Scottish invasion, the +king began systematically to improve all the roads. There was much +road and highway widening and repair, and also river bank and pier +repair, going on all over the country. Marsh lands were drained. +Harbors were deepened. There were numerous statutes trying to +adjust the needs of travel with the condition of the roads. For +instance, there must be a pole between the wheel horses or double +shafts. Carriages, wagons, or carts drawn by more horses, oxen, or +animals or with wheels bound iron tires, or with very heavy loads +were observed to cause more damage, so they were restricted or had +to pay higher tolls. Then broad and smooth iron tires were +observed to not cause the amount of damage as did narrow or +irregular iron tires and their use was encouraged. From 1741, +weighing machines were kept at toll gates. By 1766, turnpike roads +had to be at least 30 feet wide; hedges and fences thereon had to +be taken down by their owners. Cartways to markets had to be at +least 20 feet wide, and horseways 3 (later 8) feet wide. There +were ditches, drains, and gutters to carry off water. Names and +abodes of owners were to be put on carriages, wagons, and carts or +forfeit 2-5 pounds, except for carriages or coaches of a nobleman +or gentleman for his private use or those drawn by only one horse +or two oxen, or those with wide wheels and a light load. There +were town name signs, direction posts, and milestones. In 1773, +the Surveyors and the Commissioners of Turnpikes were given +authority to requisition local men, carts and draught animals for +compulsory labor, or money instead, in maintaining the roads and +making new ditches and drains. They could take any local sand, +gravel, chalk, or stone from waste or common land or, if not +needed by and satisfaction is made to the owner, from enclosed +land. The surveyor was to be chosen locally for a year and could +be given an allowance. New roads required the consent of the +landowners and a negotiated price. + +A driver of a carriage, wagon, or cart on the public highway who +by negligence or misbehavior causes any hurt or damage to a person +or any other carriage or hinders free passage of any other +carriage shall forfeit up to 20s. Anyone leaving an empty cart or +other obstruction on a public highway shall forfeit up to 20s. Any +cart, wagon, or carriage driven without a person on foot or on +horseback leading it shall forfeit up to 20s. Any driver of an +empty cart, wagon, or carriage who refuses or neglects to make way +for any coach or loaded cart, wagon, or carriage shall forfeit up +to 20. Any offender may be apprehended by anyone seeing his +offense without warrant, who shall then deliver him to a constable +or other peace officer. + +By 1719, the mail service was well-regulated. Letter rates within +80 miles of London were 3d. per piece of paper, then 12d. per +ounce. Within 60 miles of New York City in America there were 4d. +per piece of paper, then 1s.4d. per ounce. Letters were still +carried by post horses. From London to New York, they were 1s. per +piece of paper for the first three pieces, then 4s. per ounce. In +1765, this rate was extended to all colonial ports. + +In 1754, canals began to be constructed linking the main rivers. +Horses or men hauled the barges from the land. Now goods of many +inland towns cheapened and reached a national instead of just a +local market. In 1761 an almost illiterate man called James +Brindley cut the first real canal at Worsley for the Duke of +Bridgewater, who owned the coal deposits there. He kept the line +of the canal at one level to avoid having to make locks. It +crossed one river as a forty foot high aqueduct. He refused to use +the beds of small rivers, whose sluggish flow gave no adequate +security against silting. Coal at the destination point of +Manchester fell to half its former price. After Wedgwood headed a +campaign to persuade Parliament to construct a certain canal, he +bought adjacent land on which he built a great factory. + +In 1713, the maximum interest rate that could be charged was +reduced to 5% for the advancement of trade and improvement of +lands because that rate was the norm in foreign lands. Thus the +maximum interest rate fell from 10 to 8 to 6 and then to 5%. When +Issac Newton was Master of the Mint, he noted that too restricted +a currency caused a high interest rate to prevail, which was bad +for commerce and the plans to set the poor to work, but that too +large a quantity of money in circulation caused interest rates to +fall, which encouraged luxury imports and the export of bullion. + +The Bank of England provided a safer deposit and lower interest +than goldsmiths or scriveners. It also issued notes for 10 and 15 +(since 1759), and 20 pounds. Outside retail trade and wages +payments, business was conducted on a credit basis with a paper +promise to pay at some future date. Check use was still formal and +rare. Tradesmen typically authorized their apprentices to "write +off or draw" from their accounts, bringing their bank books. +Depositors authorized other people such as certain servants, +relatives, cashiers, or company secretaries to make use of their +accounts. After 1721, the Bank dividend was about 6% a year. + +Promissory notes are assignable and endorsable and the holder may +recover against the signer or any endorser as is the case with +bills of exchange. In 1775, no more promissory or other notes, +bills of exchange, draughts, or undertakings in writing and being +negotiable or transferable may be made for under 20s., because it +was hard for the poorer sort of manufacturer, artificer, laborer +and others to comply with them otherwise than by being subject to +great extortion and abuse. (Cash was to be used instead.) + +By 1711, government finances had become so chaotic that the +Chancellor of the Exchequer sought to re-establish public credit +by means of a chartered commercial company, the shares of which +were offered in substitution for government stock. This South Sea +Company was established in 1711 with a monopoly to trade in South +America. The prospects of hugh profits sent the share prices +soaring. There was also an increase in the money supply. These +factors led to a speculation bubble in 1720 in this stock. Also, +many stock-jobbers promoted companies of every description, such +as one to extract gold from sea-water. There was an insurance boom +with about seventy insurance companies in existence, many +virtually gambling in life contingencies. There was speculation in +insurance for all types of occurrences, such as house-breaking, +highway robbery, death by gin-drinking, and horses becoming +disabled. The total capital invested in all these enterprises rose +to over five times the cash resources of all Europe. When the +bubble burst, 100 pound South Sea stock had gone up to 1050 pounds +and back down again to 120. Since the government had in effect +bought this stock at a low price and paid off its debt with this +stock at a high price, this bubble relieved the government of much +of its massive debt. It also redistributed wealth. After the +bubble burst, investors took refuge in investing in 3-4% +government fixed-interest securities. A result of this bubble +burst was the chartering of two corporations for marine insurance +and prohibition of such by any partnership or firm. Private +persons could continue to write policies, and they chose Lloyd's +Coffeehouse as their headquarters; it came to dominate the world +of marine insurance after the two chartered companies came to +concentrate on fire and life insurance. Lloyd's list became the +foundation for a new newspaper. There were speciality boxes at +Lloyd's such as on America or the Baltic. Many ships were reported +captured by enemies or pirates, but underwriting insurance was a +lucrative business for many. + +In 1717 the gold guinea was assigned a value of 21s. In 1774, the +gold standard was introduced. In 1774, clipped and deficient gold +coin was called in to be exchanged for new coin. + +Local taxes were collected for the church, the poor, county courts +of justice, borough administration, and highways. National taxes +included the income, customs, and excise taxes. When the +government tried to levy excise taxes on wine, tobacco, and then +on cider, there was a public protest with mobs demonstrating +against the power given to excise inspectors to search in people's +homes. These excise taxes were no longer levied. + +Duties were placed on items for encouraging industries within the +country and to pay the expenses of government. There were more and +higher duties to pay for war. At various times there were duties +on hides, skins, seal skins, gilt and silver wire, malt, mum +(strong beer made from malted wheat), cider, perry, spices, +coffee, tea, cocoa nuts, chocolate, cocoa paste, snuff, chinaware, +drugs, calicoes, herrings, apples, oysters, raw Italian and +Chinese silk, gum arabic, gum senega, tallow, hogs-lard, grease, +beaver skins and wool, imported brandy, raisins, coals and coal +dust, coaches for one's own use or for hire (except licensed +hackney coaches); silver plate owned by persons, corporations, and +bodies politic; leases, bonds, and other deeds; licenses for +retailing wine, beer, and ale; 5% of salaries, fees, and +perquisites from office and employments including royal pensions +and gratuities over 100 pounds. When the price of wheat was high, +as in 1765, when it was 6s. per bushel, wheat products could not +be exported. (At other times, they could not be imported.) Duties +on imported wheat, barley, rye, oats, beans, rice, Indian corn +were also dropped. The prohibition of importing salted beef, pork, +bacon, and butter was dropped. In 1770, no live cattle, pigs, +mutton, pork, beef, either fresh or salted could be exported or +forfeit 50 pounds for every such animal or 5s. per pound of such +meat. In 1773, peas, beans, bacon, hams, and cheese could be +imported duty free, and in 1775 Labrador codfish. In 1775, raw +goat skins could be imported duty-free to improve the domestic +manufacture of red, green, and blue leather. + +In 1773, there were given costs above which various commodities +could not be exported: wheat at 44s. per quarter, rye, peas, or +beans at 28s., barley and beer at 22s., oats at 14s. or forfeit +the goods, 20s. per bushel and the ship or boat in which laden. +(There are 8 bushes in a quarter.) + +A window tax replaced the hearth tax. These duties were 2s. on +dwelling houses, increased by 6d. per window for houses with 10-14 +windows, and increased by 9d. per window for houses with 15-19 +windows, and increased by 1s. per window for houses with 20 or +more windows, per year to be paid by the occupant. These were +increased three more times, until the dwelling house duty was 3s. +and the duty for 25 or more windows was 2s. Another duty for war +was that on imported starch, certain imported clothes, cards, +dice, soap, vellum, parchment, and paper made in the realm (4d. - +1s.6d. per ream depending on quality) or imported (1s. - 16s. per +ream). For pamphlets and newspapers made in the realm there was a +duty of 2d. per sheet and 12d. for every advertisement. When the +duty was paid, the paper was stamped. The penalty for nonpayment +was 10 pounds for sellers and 5 pounds for those writing or +printing on the paper. Later, there was a penalty for sellers or +hawkers of pamphlets or newspapers of imprisonment in a House of +Correction up to three months, and the apprehender got a reward of +20s. A parson marrying a couple without publishing banns or +license could forfeit 100 pounds. + +Not paying duties was punishable by various forfeitures of money. +Officers for duties could search warehouses on suspicion of +concealment of coffee, tea, chocolate, or cocoa nuts with an +intent to avoid duties upon oath before a duty commissioner or +Justice of the Peace setting forth the grounds of such suspicion. +A special warrant could be issued authorizing the officer to seize +such goods. + +Wars were funded not only by some duties, but by lotteries and +short-term funding purchased at 5% yearly interest from the Bank +of England and by long-term funding by the sale of annuities. + +County militias could be raised and called out to march together +in order to be better prepared to suppress insurrections or +invasions. Their horsemen were to be provided with broad sword, a +case of pistols with 12 inch barrels, a carabine with belt and +bucket, a saddle, and a bit and bridle. The foot soldiers were to +be provided with a bayonet, a cartouch-box, and a sword. In the +militia act of 1757, there were quotas for each parish, to be +chosen by lot from lists of men 18-50 years old. After militia +service for three years, one could not be called again until by +rotation, and, if married, was allowed to practice any trade in +which he was able in any town or place. While he was in the +militia, his parish had to pay an allowance to his family, if +distressed, the usual price of an agricultural laborer, according +to the number and ages of the children. Quakers could provide a +substitute or pay money to defray expenses of a substitute for +three years. Exempt were peers, commissioned officers in royal +army or royal castle, other military personnel, members of either +university, clergymen, teachers of any separate congregation, +constables and peace officers, and watermen of the Thames River. + +This militia act was due to an invasion scare in 1756 because +Great Britain then had no allies on the continent. The old +strategy of maintaining a small army of 17,000 men and relying on +volunteers had really depended on England's allies to tie down +France's land forces. The militia act of 1757 was designed to +reassure squires they would not be used as adjuncts to the army. +Only those with much property would be officers. Enlistees could +still carry on their trades and jobs. Costs were to be from +general taxation rather than by locality. But it was almost +impossible to get officers and there were many riots when parish +authorities tried to draw up lists of those liable to serve. In +1759 the navy prevented French invasion. + +Able-bodied men without a calling, employment, or visible means of +maintenance or livelihood may be searched for and conscripted into +the army. Volunteers who enlist shall be paid 40s. and may not be +taken out of her majesty's service by any process other than for +some criminal matter. King George II was the last king to lead his +troops into battle. Later, parishes were given 20s. for every +soldier they summoned. Also, persons who had a vote for member of +Parliament were exempted. + +Whipping was the usual punishment for offenses. A soldier who +deserted or joined in any mutiny or sedition in the royal army +within the realm was to suffer death or any other punishment +determined by court martial. In 1760, a soldier (later, or a +marine) who slept at his post, left his post before being +relieved, communicated with any rebel or enemy, struck or +disobeyed any superior officer could suffer death, including those +soldiers in America. + +During war, chief officers of towns quartered and billeted royal +army officers and soldiers in inns, livery stables, alehouses, and +victualling houses for 4d. a day, but not in any private house +without consent of the owner. From 1714 to 1739, the army +regiments were split up and scattered among the ale-houses of +small towns for maintenance; this was to disperse the army and +also to keep a check on its numbers, which might be +surreptitiously increased if they were in barracks. The towns +protested and town magistrates imposed severe penalties for small +offenses by soldiers. Their drunkenness and violence were not +tolerated as it was for ordinary people. Their officers not being +with them, the soldiers retaliated with troublesomeness. As of +1763 English troops could be quartered in unoccupied houses or +barns and supplied with necessities such as bedding, firewood, +candles, vinegar, salt, cooking utensils, and beer or cider. The +Royal Hospital gave pensions to maimed and worn out soldiers +treated there. + +Sailors had more status than soldiers because they had regular +work as seamen in times of peace and they did not remind the +people of the idea of a standing army, which they had hated +especially since Cromwell. + +Justices of the Peace, mayors, and other officers could bind boys +as apprentices to sea service if they were at least ten and their +parents were chargeable to the parish or begged for alms. This +indenture to the masters or owners of ships lasted until the boy +reached 21. The parish paid 50s. for clothing and bedding for such +sea service. No such apprentice could be impressed into royal sea +service until 18 years of age. Master and owners of ships that +carry 30 - 50 tuns had to take one such apprentice and one more +boy for the next 50 tuns, and one more boy for every 100 tuns over +100 tuns, or forfeit 10 pounds to the parish. Boys voluntarily +binding themselves to such sea service were exempt from impress +for the next three years. This was to increase the number of able +and experience mariners and seamen for the royal navy and for the +trade and commerce of the nation. + +No masters or commanders of merchant ships may proceed on a voyage +beyond the seas without first agreeing in writing on wages with +the seamen, except for apprentices. Such agreement must be signed +by the seamen. Offenders must forfeit 5 pounds per seaman, which +will go the use of Greenwich Hospital. Any seaman leaving the ship +before being discharged in writing will forfeit one month's pay +because too many have left the ship before it was unladen. + +There were some ships of 2000 tons. The steering wheel had been +introduced because a sudden heavy sea could wrest a tiller from +the hands of the helmsman. Triangular head-sails with jib boom and +stay-sails on stays between masts were in use so that ships could +sail closer into the wind. The length of ships was still +determined by the same length of trees that could be grown. +Sailing ships were still vulnerable to a lee shore. Latitude was +easy to determine using an octant and later a sextant with mirrors +and a small telescope to measure the angle between a celestial +body such as the sun or north star and the horizon. But longitude +could not be determined with any degree of accuracy. One method +relied on accurate predictions of the future position of the moon +as observed from a fixed reference point, such as Greenwich. By +precisely observing the local time of the moon's occultation of a +known star at a particular place, and looking up in a table the +predicted time of the event at Greenwich, one could approximate +the time difference of the place from Greenwich. There were so +many shipwrecks on this account that the government offered a +reward to anyone who found a way to measure longitude accurately. +In 1763 carpenter and clockmaker John Harrison made the +chronometer to do this with an accuracy of 21/2 seconds per month, +and received 5,000 pounds. He was promised 10,000 pounds to +explain the principle of his timekeeper and build three more. The +chronometer kept time with extreme accuracy and was mounted to +remove the effect of the ship's motion. To find a ship's position, +a navigator noted the time and measured the positions of certain +stars. He compared these positions with tables that showed the +stars' positions at Greenwich mean time, and then calculated the +ship's position. There was a toll on ships entering the port of +London to pay for repairs to its walls. + +Officer positions were no longer bought, but were subject to +examination for a minimum of knowledge, especially in navigation. +In 1729 the Naval Academy was established. Boys entered at age 13 +to 16 and spent two or three years there. + +Only about 15% of the crew of navy ships were volunteers. Many +were gaolbirds, having chosen the Navy over more gaol time for +debt. Press gangs seized men in the port towns and from ships +coming into harbor. From 10% to 20% of the crew were foreigners, +many of these pressed men. About 1756, the Marine Society was +founded for training and placing poor boys in work in naval and +merchant ships. This not only supplied men and boys for the Navy, +but saved boys from a life of vagrancy and crime. These boys +usually became reliable and obedient sailors. + +The life of a sailor was a hard one, requiring much strength. +Sailors did not know how to swim, so falling overboard usually +meant death. Flogging was the usual punishment in the Navy, even +for small offenses. The amount of flogging due for each offense +rose over time. If flogging were fatal, there would be an inquiry +and occasionally punishment. A sailor's meals were usually hard +bread invested with weevils and maggots, dried or salted meat or +fish, and small quantities of oatmeal, butter, and cheese. Many +sailors had scurvy or other deficiency diseases. Experiments with +lime and lemon juice as remedies for scurvy were made around 1764, +but were not used in the Navy until about 1800. Many more sailors +died from these diseases than from battle. Rum and water was a +daily ration introduced in 1745. The ordinary sailor was paid +about one pound a month, a rate established in 1650s and now out +of date. This was not in cash, but in a ticket which entitled him +to payment in full if he presented it at the pay office in London, +but was subject to swinging deductions if he tried to cash it in +another port. + +Prize money from conquered ships was substantial. To encourage +seamen to enter the navy, Parliament provided that it be divided +among flag officers, commanders, other officers, seamen, marines, +and soldiers on board every ship of war, including private ships +commissioned by the Admiral, as directed by the king, or as agreed +with the owner of a private ship. It included an enemy's ships, +and goods and arms on the ships or in fortresses on the land. +There was also bounty money for enemy ships taken or destroyed. +For retaking or salvaging English goods taken by the enemy, 1/8th +their value was to be paid. Privateers taking merchant ships by +collusion were to forfeit their ships, with 1/3rd going to the +person who makes the discovery and prosecutes. + +Later, any able seaman volunteering for the navy is to receive 5 +pounds bounty. Any seaman volunteering for the navy shall receive +a bounty of 3 pounds. If a navy seaman is killed or drowned, his +widow is to receive a year's pay as bounty. No seaman in a +merchant ship is to receive more than 35s. per month because of +the present war. + +Still later, anyone who has run goods or avoided customs was +indemnified if he enlisted in the navy as a common sailor for +three years. + +Those under 18 or over 55 were made exempt from impressment into +the king's service. The time of service was limited to five years +if the serviceman so demanded. Worn out and decrepit seamen no +longer being treated at the Royal Hospital for Seamen at Greenwich +are to receive a pension as determined by the hospital. + +In war, the Navy used blockading tactics and attack by fireships +grew obsolete. In peace, when not used in convoys to remote lands, +many ships of war were used as cruisers to guard the coast and +trade and to accompany merchant ships going out and returning +home. About 1755, marine forces of the navy were raised and +quartered on shore. + +No war ship may carry goods except gold, silver, and jewels and +except the goods of a ship in danger of shipwreck or already +shipwrecked. + +The king was authorized to prohibit the export of gunpowder, +saltpeter, ammunition, and arms. + +When a ship had been forced on shore or stranded on the coast, it +had been the practice for people to plunder it and to demand high +payment for salvaging its goods. So a statute required that +salvage only be done by sheriff, mayors, and other officials. A +person who defacing the marks on goods or hindering the saving of +the ship had to pay double satisfaction to the person aggrieved +and spend 12 months at hard labor in a House of Correction. If a +person unduly carried off goods, he forfeited treble damages. If +he made a hole in the ship or stole the pump from the ship, he was +guilty of felony without benefit of clergy. + +The owner of the island of Skerries was allowed to erect a +lighthouse and charge passing ships other than Navy ships 1d. per +tun. + +Only pilots examined and admitted into the society of pilots and, +if no such pilot is readily available, a ship's own owner, master, +or mate may pilot ships up the Thames River, or forfeit 10 pounds +for the first offense, 20 pounds for the second, and 40 pounds +thereafter. Any pilot losing a ship may no longer be a pilot. +There must be at least 120 qualified pilots. The prices of +piloting are 3 pounds 10s. for ships drawing 7 feet of water, and +10s. more for each additional foot drawn up to 8 pounds 10s. for +ships drawing 17 feet of water. + +To preserve navigation, ships may not throw any ballast, rubbish, +gravel, earth, stone, or filth into rivers or ports where the tide +or water flows or runs or forfeit 50s.- 5 pounds. Ships on the +Thames River may take as ballast to stabilize a ship without +cargo: dung, compost, earth, or soil from laystalls in London. + +Many persons insuring ships for large premiums became bankrupt, +thus ruining or impoverishing many merchants and traders. So the +king was authorized to grant charters to two distinct corporations +for the insurance of ships, goods, and merchandise or going to sea +or for lending money upon bottomry (money to be repaid upon return +of ship). Each corporation had to pay 300,000 pounds to the +Exchequer and to have sufficient ready money to pay for losses +insured by them. They were to raise capital stock and could make +calls of money from their members in proportion to their stocks +for any further money required. + +Any owner, master, or mariner who casts away, burns, or otherwise +destroys to the prejudice of underwriters of policies of insurance +or of any merchants whose goods have been loaded on the ship shall +suffer death. + +The owners of ships are not liable for losses by reason of theft +without their knowledge by the master or mariners of goods beyond +the value of the ship. This is to prevent the discouragement of +owning ships. + +The insurance of merchant ships must give salvage rights to the +insurer. A lender on bottomry shall have benefit of salvage. No +insurance may be for a greater amount than the value of one's +interest in the ship or in the goods on board. + +No waterman carrying passengers or goods for hire e.g. by +wherryboat, tiltboat, or rowbarge, on the Thames River may take an +apprentice unless he is a housekeeper or has some known place of +abode where he may keep such apprentice or forfeit ten pounds, and +if he can't pay, do hard labor at the House of Correction for 14- +30 days. Also he may not keep the apprentice bound to him. No +apprentice may be entrusted with a vessel until he is 16 if a +waterman's son and 17 if is he the son of a landman, and he has +had at least two years' experience. None but freemen (i.e. one +having served an apprenticeship of seven years) may row or work +any vessel for hire or be subject to the same punishment. This is +to avoid the mischiefs which happen by entrusting apprentices too +weak, unable, and unskillful in the work, with the care of goods +and lives of passengers. Later amendment required that apprentices +be age 14 to 20 and that there be no more than 40 passengers, with +the penalty of transportation if there were over 40 and one +drowned. + +No boat on the Thames River may be used for selling liquors, +tobacco, fruit, or gingerbread to seamen and laborers because such +has led to theft of ropes, cables, goods, and stores from the +ships. Excepted are boats registered at the guilds of Trinity and +of St. Clement, but they must show their owner's name and can only +operate in daylight hours. The penalty is forfeiture of the boat. + +All ships coming from places infected with the plague shall be +quarantined and any person leaving a quarantined ship shall return +and later forfeit 20 pounds, of which 1/3 may go to the informer, +the rest to the poor. This was later raised to 200 pounds and six +months in prison, and if the person escaped, he was to suffer +death. Also later, a master of a ship coming from infected places +or having infected people on board was guilty of felony and to +forfeit 200 pounds. If he did not take his vessel to the +quarantine area on notice, he was to forfeit a further 200 pounds +(later 500 pounds) and the ship, which could then be burned. The +king was authorized to prohibit commerce for one year with any +country infected by the plague and to forbid any persons of the +realm from going to an infected place. + +By 1714, there was a clear distinction between a king's private +income and the Crown's public revenue. From 1714, the king's +Treasurer as a matter of routine submitted annual budgets to +Parliament. He was usually also the leader of the House of Commons +and the Chancellor of the Exchequer. + +Proclamations by the Crown were more restricted to colonial and +foreign affairs, to executive orders, and to instructions to +officials. The high offices included the Chancellor, Keeper, +President of the Council, Privy Seal, Treasurer, and two +Secretaries of State, who were in charge of all foreign and +domestic matters other than taxation, one for the north and one +for the south. (Wolsey had been the last chancellor to rule +England; thereafter the Chancellor had become more of a judge and +less of a statesman.) Other offices were: Paymaster General, +Secretary of War, and Treasurer of the Navy. Starting with the +monarch, government positions were given by patronage to friends +and relatives, or if none, to the highest bidder. These offices +were usually milked for fees and employed deputies, clerks, and +scribes who worked for long hours at very modest wages. Most +people believed that the offices of power and influence in the +realm belonged to the nobility and gentry as indubitably as the +throne belonged to the king. Assaulting, wounding, striking, or +trying to kill a member of the Privy Council engaged in his duties +was punishable by death without benefit of clergy. Civil and +military commissions, patents, grants of any office or employment, +including Justice of Assize, Justice of the Peace, court writs, +court proceedings continued in force for six months after a king's +death, unless superceded in the meantime. + +The king's ministers were those members of his Privy Council who +carried out the work of government. By distributing patronage, the +ministers acquired the influence to become leading members of the +House of Commons or the House of Lords. They made policy, secured +the king's consent, and then put through the necessary +legislation. The king was to act only through his ministers and +all public business was to be formally done in Privy Council with +all its decisions signed by its members. The king gradually lost +power. The last royal veto of a Parliamentary bill was in 1708. By +1714, the Privy Council ceased making decisions of policy. Instead +a cabinet not identified with any particular party was chosen by +the Queen, who presided over their meetings, which were held every +Sunday. It dealt with Parliament. In 1720, the number of peers in +the House of Lords was fixed, so that the Crown could create no +more. About 1720, Robert Walpole, son of a country squire, who +came to be first minister of the Crown and the leader of the +Whigs, organized the cabinet so that it was of one view. He led it +for twenty years and thus became the first prime minister. He was +brilliant at finance and lessened taxation. He restored trust in +the government after the South Sea bubble scandal. He was +successful in preserving the peace with other nations and +providing stability in England that led to prosperity. The Whigs +opposed a standing army and over-reaching influence of the Crown. +They espoused the liberty of individual subjects. Their slogan was +"liberty and property". They generally favored foreign wars. + +Members of the Parliament felt responsible for the good of the +whole country instead of accounting to their electors, but self- +interest also played a part. Leading commercial magnates of the +realm sought to be members of Parliament or governors of the Bank +of England to be able to take up government loans at advantageous +rates, snap up contracts to supply government departments at +exorbitant prices, and play an important part in deciding what +duties should be charged on what goods. About 5% of the population +could vote. Voting was open, rather than by secret ballot. Seats +in Parliament could normally be bought either by coming to an +arrangement with some landowner who had the right to nominate to a +closed seat or by buying enough votes in constituencies where the +electorate was larger and the contest more open. Factory owners +and leading landowners sat together on committees drawing up plans +for public works such as canal building, obtained the necessary +permits from public authorities and organized the whole +enterprise. In 1714, Parliament was allowed to last for seven +years unless sooner dissolved by the king because of the expense +and tumult of elections, which frequently occasioned riots, and +sometimes battles in which men were killed and prisoners taken on +both sides. Politics had become a career. Members of Parliament +could not be arrested while Parliament was in session. + +As of 1710, electees to the Commons had to have 600 pounds annual +income for knights or 300 pounds annually for burgesses. This did +not include the eldest son or heir apparent of any peer or lord of +Parliament or any person with the above qualifications. The +universities were exempted. + +As of 1729, persons electing a member of the Commons must swear or +affirm that he has not received any money, office, employment, or +reward or promise of such for his vote. If he swears falsely, it +is perjury and he must forfeit 500 pounds and may never vote +again. Later, voters for member of Parliament had to have +residence for a year. Still later, voters were required to have +been freemen of the city or town for one year or forfeit 100 +pounds, except if entitled to freedom by birth, marriage, or +servitude according to the custom of such city or town. Voters +still were required to have a freehold of land of 40s. a year +income, but holders of estates by copy of court roll were +specifically precluded or forfeit 50 pounds. + +In 1724, since unauthorized persons have intruded into assemblies +of citizens of London and presumed to vote therein, the presiding +officer shall appoint clerks to take the poll and oath required +for elections for Parliament, mayor, sheriffs, chamberlains, +bridgemasters, and auditors of chamberlains. The oath is that one +is a freeman of London, a liveryman of a certain named company, +has been so for 12 months, and names his place of abode. The oath +for alderman or common council elections is that the voter is a +freeman of London and a householder in a named ward paying scot of +at least a total of 30s. and bearing lot. A list of the voters and +of persons disallowed is to be given to candidates by the +presiding officer. + +Soldiers may not be quartered within 20 miles of a place of +election so that the election is kept free. + +Voters in public corporations must have held their stock for six +months before voting them to discourage splitting stock and making +temporary conveyances thereof to give certain people more of a +vote, e.g. in declaring dividends and choosing directors. + +Ambassadors were made immune from arrest, prosecution and +imprisonment to preserve their rights and privileges and +protection by the Queen and the law of nations. + +The Supporters of the Bill of Rights Society was founded and paid +agents to give speeches throughout the country and used the press +for its goals. + +James Burgh demanded universal suffrage in his 1773 book: +"Political Disquisitions". + +In 1707 there was union with Scotland, in which their Parliaments +were combined into one. The country was known as Great Britain. +The last Scottish rebellion resulted in attainder of its leaders +for levying war against the king. In 1746, they were given the +chance to surrender by a certain date, and receive a pardon on +condition of transportation. In 1747, anyone impeached by the +Commons of high treason whereby there may be corruption of the +blood or for misprison of such treason may make his defense by up +to two counsel learned in the law, who shall be assigned for that +purpose on the application of the person impeached. In 1748, +counsel may interrogate witnesses in such cases where testimony of +witnesses are not reduced to writing. + +There was a steady flow of emigrants to the American colonies, +including transported convicts and indentured servants. Delaware +became a colony in 1703. In 1729, the king bought Carolina from +its seven proprietors for 2,500 pounds apiece. Person having +estates, rights, titles, or interest there, except officers, were +allowed by Parliament to sue the king with the court establishing +the value to be paid, but no more than at a rate of 2,500 pounds +per 1/8 of property. Georgia was chartered in 1733 on request of +James Oglethorpe, who became its first governor, as a refuge for +debtors and the poor and needy. It established the Episcopal +Church by law. In 1730 Carolina and 1735 Georgia were allowed to +sell rice directly to certain lands instead of to England only. +Later, sugar was allowed to be carried directly from America to +European ports in English ships without first touching some +English port. Foreigners who had lived in the American colonies +for seven years, and later foreigners who served two years in the +royal army in America as a soldier or as an engineer, were allowed +to become citizens of Great Britain on taking oaths of loyalty and +Protestantism. This included Quakers and Jews. The Jews could omit +the phrase "upon the true faith of a Christian." + +In 1756, indentured servants in America were allowed to volunteer +as soldiers in the British army serving in America. If his +proprietor objected, the servant was to be restored to him or +reasonable compensation given in proportion to the original +purchase price of his service and the time of his service +remaining. + +There was much competition among countries for colonies. Quebec +and then Montreal in 1760 in Canada were captured from the French. +About 1768 James Cook discovered New Zealand and Australia; his +maps greatly helped future voyages. The English East India +Company took over India as its Mogul Empire broke up. + +Manufacturing in the American colonies that would compete with +British industry was suppressed by Great Britain. There were +increasing duties on goods imported into the colonies and +restrictions on exports. In 1763, Parliament imposed duties on +foreign imports going to America via Britain: to wit, sugar, +indigo, coffee, certain wines, wrought silks, calicoes, and +cambrick linen. Foreign vessels at anchor or hovering on colonial +coasts and not departing within 48 hours were made liable to be +forfeited with their goods. Uncustomed goods into or prohibited +goods into or out of the colonies seized by customs officials on +the ship or on land and any boats and cattle used to transport +them occasioned a forfeiture of treble value, of which 1/3 went to +the king, 1/3 went to the colonial governor, and 1/3 went to the +suer. Any officer making a collusive seizure or other fraud was to +forfeit 500 pounds and his office. In 1765, there was imposed a +duty on papers in the colonies to defray expenses of their +defense. It was thought to be a fair tax because it fell on +colonies in proportion to their wealth. The items taxed were to +carry a stamp showing that the duty on them had been paid. The +duty on every skin, piece of vellum or parchment, and sheet of +paper used in any law court was 3d.- 2 pounds. There were also +duties on counselor or solicitor appointments of 10 pounds per +sheet. Duties extended to licenses for retailing spirituous +liquors and wines, bonds for payment of money, warrants for +surveying or setting out of any lands, grants and deeds of land, +appointments to certain civil public offices, indentures, leases, +conveyances, bills of sale, grants and certificates under public +seal, insurance policies, mortgages, passports, pamphlets, +newspapers (about 1s. per sheet), advertisements in papers (2s. +each), cards, and dice. The colonists saw this as a departure +from past duties because it was an "internal tax". All of the +original thirteen American colonies had adopted Magna Carta +principles directly or indirectly into their law. The stamp duties +seemed to the colonists to violate these principles of liberty. +Patrick Henry asserted that only Virginia could impose taxes in +Virginia. Schoolmaster and lawyer John Adams in Massachusetts +asserted that no freeman should be subject to any tax to which he +had not assented. In theory, colonists had the same rights as +Englishmen per their charters, but in fact, they were not +represented in Parliament and Englishmen in Parliament made the +laws which affected the colonists. They could not be members of +the House of Lords because they did not have property in England. +There were demonstrations and intimidation of stamp agents by the +Sons of Liberty. Merchants agreed to buy no more goods from +England. The stamp duty was repealed the same year it had been +enacted because it had been "attended with many inconveniences and +may be productive of consequences greatly detrimental to the +commercial interests of these kingdoms". + +To counter the wide-scale running of goods to avoid the customs +tax, the customs office was reorganized in 1766 to have +commissions resident in the colonies and courts of admiralty +established there to expedite cases of smuggling. This angered the +colonists, especially Boston. Boston smuggling had become a common +and respectable business. It was the port of entry for molasses +from the West Indies from which New England rum was made and +exported. The entire molasses trade that was essential to the New +England economy had been built upon massive customs evasions; +royal customs officials had participated in this by taking token +customs for the sake of appearance on London and thereby had +become rich. + +In 1766 Parliament imposed a duty of 3d. per pound weight on tea +and duties on reams of paper, glass, and lead into the colonies. +These import duties were presented as external rather than +internal taxes to counter the rationale the colonies gave against +the stamp tax. But these items were of common use and their duties +raised the cost of living. The king's customs officials were +authorized to enter any house, warehouse, shop, or cellar to +search for and seize prohibited or uncustomed goods by a general +writ of assistance. + +These writs of assistance had been authorized before and had +angered Bostonians because they had been issued without probable +cause. In Paxton's case of 1761, the Massachusetts Superior Court +had declared legal the issuance of general writs of assistance to +customs officers to search any house for specific goods for which +customs had not been paid. The authority for this was based on the +Parliamentary statutes of 1660 and 1662 authorizing warrants to be +given to any person to enter, with the assistance of a public +official any house where contraband goods were suspected to be +concealed, to search for and seize those goods, using force if +necessary. They were called "writs of assistance" because the +bearer could command the assistance of a local public official in +making entry and seizure. A "general" writ of assistance differed +from a "special" writ of assistance in that the latter was issued +on a one-time basis. The general writ of assistance in Boston was +good for six months after the death of the issuing sovereign. +Authority relied on for such writs was a 1696 statute giving +customs officers in the colonies the same powers as those in +England, a 1699 act by the Massachusetts Provincial Legislature +giving the Superior Court of Massachusetts the same such power as +that of the Exchequer, and the Massachusetts' Governor's direction +about 1757 to the Massachusetts Superior Court of Judicature to +perform the function of issuing such warrants. The Massachusetts +court issued them in the nature of the writs of assistance issued +from the Exchequer court in England, but had issued them routinely +instead of requiring the showing of probable cause based on sworn +information that the Exchequer court required. Few judges in the +other American colonies granted the writ. + +Seditious libel trials in England and the colonies were followed +closely and their defendants broadly supported. John Wilkes, a +member of the House of Commons, published a criticism of a new +minister in 1763. He called King George's speech on a treaty "the +most abandoned instance of ministerial effrontery ever attempted +to be imposed on mankind". After being found guilty of seditious +libel, he again ran for the House of Commons, and was repeatedly +elected and expelled. He was subsequently elected alderman, +sheriff, and mayor of London. In 1770, Alexander MacDougall was +voted guilty of seditious libel by the New York Colonial Assembly +for authoring a handbill which denounced a collusive agreement by +which the assembly voted to furnish supplies for the British +troops in New York in exchange for the royal governor's signature +to a paper-money bill. When he was arrested, the Sons of Liberty +rallied to his support, demanding freedom of the press. Benjamin +Franklin's brother had been imprisoned for a month by the +Massachusetts assembly for printing in his newspaper criticisms of +the assembly. He was forbidden to print the paper. Benjamin +supported him by publishing extracts from other papers, such as +"Without freedom of thought, there can be no such thing as wisdom; +and no such thing as public liberty without freedom of speech… +Whoever would overthrow the liberty of a nation must begin by +subduing the freeness of speech; a thing terrible to public +traitors." + +By statute of 1766, the New York house of representatives was +prohibited from meeting or voting until they provisioned the +King's troops as required by law. + +In 1769, Harvard College seated its students in class in +alphabetical order instead of by social rank according to birth. + +By 1769, the colonies' boycott of British goods in protest of the +new duties cause these imports to decline so much that British +merchants protested. So the duties were dropped, except for that +on tea, which was retained as a matter of principle to assert the +power of the crown to tax the colonies. Then in 1773 the East +India Company was allowed to sell tea directly to the colonies to +help it avoid bankruptcy. The effect of this was to lower the cost +of tea in the colonies because the English middleman, and the +American middleman, but also to give the East India Company a +monopoly. The colonies felt threatened by this power of Britain to +give monopolies to traders. When the tea ships arrived in Boston +in late 1773, Bostonians held a town meeting and decided not to +let the tea be landed. They threw this cargo of tea, worth about +18,000 pounds, overboard. This Boston Tea Party was a direct +challenge to British authority. In response, Parliament closed the +port of Boston until compensation was made to the East India +Company. By statute of 1774, no one may enter or exit the port of +Boston or forfeit goods, arms, stores, and boats carrying goods to +ships. Every involved wharf keeper shall forfeit treble the value +of the goods and any boats, horses, cattle, or carriages used. +Ships hovering nearby must depart within six hours of an order by +a navy ship or customs officer or be forfeited with all goods +aboard, except for ships carrying fuel or victuals brought +coastwise for necessary use and sustenance of inhabitants after +search by customs officers, and with a customs official and armed +men for his defense on board. This statute is passed because of +dangerous commotions and insurrections in Boston to the subversion +of the king's government and destruction of the public peace in +which valuable cargoes of tea were destroyed. Later, the Governor +was given the right to send colonists or magistrates charged with +murder or other capital offenses, such as might be alleged to +occur in the suppression of riots or enforcement of the revenue +laws, to England or another colony for trial when he opined that +an indifferent trial could not be had in Massachusetts Bay. A +later statute that year altered the charter of Massachusetts Bay +province so that the choice of its council was transferred from +the people to the Crown to serve at his pleasure, and the +appointment and removal of judges and appointment of sheriffs was +transferred to the Governor to be made without the consent of the +council. This was due to the open resistance to the execution of +the laws in Boston. Further, no meeting of freeholders or +inhabitants of townships may be held without consent of the +Governor after expressing the special business of such meeting +because there had been too many meetings passing dangerous and +unwarranted resolutions. Also, jurors were to be selected by +sheriffs rather than elected by freeholders and inhabitants. + +The commander of the British troops in North America was made +Governor. King George thought that the colonists must be reduced +to absolute obedience, even if ruthless force was necessary. The +people of Massachusetts were incensed. They were all familiar with +the rights of Magna Carta since mandatory education taught them +all to read and write. (Every township of fifty households had to +appoint one to teach all children to read and write. Every one +hundred families had to set up a grammar school.) The example in +Massachusetts showed other colonies what England was prepared to +do to them. Also disliked was the policy of restricting settlement +west of the Allegheny mountains; the take over of Indian affairs +by royal appointees; the maintenance of a standing army of about +6,000 men which was to be quartered, supplied, and transported by +the colonists; and expanded restrictions on colonial paper +currencies. + +The Virginia House of Burgesses set aside the effective date of +the port bill as a day of prayer and fasting, and for this was +dissolved by its governor. Whereupon its members called a +convention of delegates from the colonies to consider the "united +interests of America". This congress met and decided to actively +resist British policy. As opposition to British rule spread in the +colonies, a statute was passed that because of the combinations +and disorders in Massachusetts, New Hampshire, and Connecticut, +and Rhode Island to the destruction of commerce and violation of +laws, these inhabitants should not enjoy the same privileges and +benefits of trade as obedient subjects and therefore no goods or +wares may be brought from there to any other colony, and exports +to and imports from Great Britain were restricted, on pain of +forfeiting the goods and the ship on which they were laden. There +was also restriction of their vessels fishing off Newfoundland. +These conditions were to be in force until the Governors were +convinced that peace and obedience to laws was restored. Later in +1775, these trade restrictions were extended to New Jersey, +Pennsylvania, Maryland, Virginia, and South Carolina. In 1776, +because all the thirteen colonies had assembled an armed force and +attacked British forces, these trade restrictions were extended to +Delaware, New York, Georgia, and North Carolina and expanded to +prohibit all trade during the present rebellion to prevent +assistance to them. War had started; the new rifle was used +instead of the musket. + +By statute of 1775, anyone harboring of army or marine deserters +in the colonies must forfeit 5 pounds, and persuading a soldier or +marine to desert drew a forfeiture of 40 pounds or else up to six +months in prison without bail and one hour in the pillory on +market day. + +Bounties were made available to vessels from and fitted out in +Great Britain for Newfoundland fishing. + +Any shipmaster carrying as passengers any fisherman, sailor, or +artificer to America shall forfeit 200 pounds because such men +have been seduced from British fishing vessels in Newfoundland, to +the detriment of the fishing industry. + +The many years of significant achievements of the colonists, such +as taming the wilderness and building cities, had given them +confidence in their ability to govern themselves. The average +colonial family had a better standard of living than the average +family in England. Many of its top citizenry had reached their +positions by hard work applied to opportunities for upward +mobility. With the confidence of success, the American colonies in +1776 declared their independence from Britain, relying on the +principles stated by John Locke and Jean Jacques Rousseau that man +was naturally free and all men equal, and that society was only +created with their consent. Issac's Newtons's unified laws of the +universe had contributed to this idea of a natural law of rights +of men. Thomas Jefferson wrote a Declaration of Independence which +listed the colonies' grievances against the Crown which reiterated +many of the provisions of the Petition of Right and Bill of +Rights, specifically dispensing with and suspending laws, +maintaining a standing army and quartering troops without +legislative consent, imposing arbitrary taxation, encouraging +illegal prosecutions in strange courts, and corrupting the jury +process. It was adopted on July 4, 1776. + + + + - The Law - + +Trade and the economy boomed in time of war, buttressed by the +increased production in the coal, iron, steel, shipbuilding, and +cloth industries. But peace brought depression and much misery, +including the imprisonment of many debtors. When many were +imprisoned, statutes allowed release on certain conditions. After +assets were paid to creditors in proportion to the amounts owed to +them, debtors may be discharged from prison if they owe no party +more than 100 pounds (later no restriction and still later, 50 +pounds, and even later, 500 pounds, and in 1772, 1000 pounds, and +in 1774, 2000 pounds) and take an oath that they have less than 10 +(20 in 1772) pounds worth of property (including 40s. in money in +1774), because there are so many debtors in prison who were +impoverished by war losses and other misfortunes in trades and +professions and are totally disabled from paying their creditors +and they and their families either starve or are a burden to their +parishes and become an occasion of pestilence and other contagious +diseases. Excepted are those objected to by a creditor who pays +for the maintenance of the debtor in prison. Prisoners discharged +are also discharged from chamber rent and gaolers' fees, but not +from their debts to creditors. Except that no male prisoner may be +discharged during war unless he enlists in the royal army or navy +until the end of the war. In 1774, the discoverer of any asset not +listed by a debtor was to receive 20 pounds per hundred, and +anyone concealing an asset of a debtor was to forfeit 100 pounds +and double the value of the asset. + +A person declared bankrupt shall subsequently be examined from +time to time as to their goods, money, or other effects or estate +to prevent the frauds frequently committed by bankrupts. A default +or willful omission shall be deemed felony without benefit of +clergy. + +A bankrupt or other person concealing goods to the value of at +least 20 pounds or his books with intent to defraud is a felony +without benefit of clergy. + +A debtor refusing to come to court for examination or hiding +assets of more than 20 pounds is guilty of felony and his goods +and estate shall be divided among his creditors. + +Later, a bankrupt coming to an examination was allowed to keep 5 +(or 7 1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or +300, respectively) pounds if he paid his creditors 10s. (or +12s.6d. or 15s. respectively) per pound. His future estate was +still liable to creditors (excepting tools of trade, necessary +household goods, bedding, furniture, and wearing apparel of the +family up to 10 pounds) if it could pay every creditor 15s. per +pound. If he didn't pay this, he could be imprisoned. Bankrupts +excepted from the benefits of this act are those who lost 5 pounds +in any one day or 100 pounds in the preceding year from gambling +or wagers. + +No goods or chattels on lands or tenements which are leased for +life or lives or term of years or at will or otherwise "shall be +liable to be taken by virtue of any Execution on any pretence +whatsoever unless the party at whose suit the said Execution is +sued out shall before the removal of such goods from off the said +premises by virtue of such Execution or Extent pay to the +landlord" all money due as rent. If the lessee fraudulently or +clandestinely conveys or carries off his goods or chattels with +intent to deprive the landlord or lessor from distraining the same +for arrears of such rent, the lessor or landlord may, within five +days, seize such goods and chattels as a distress for the arrears +of rent and may sell them as if actually distrained on the +premises. + +Every person under 21 and every woman-covert who is entitled by +descent or will to be admitted tenants of any copyhold lands or +hereditaments may be ordered to appear by a guardian or attorney +to be compelled to be so admitted and to pay such fines as are +owing by the lands. If one is so admitted, but does not pay, the +lord may enter the lands and receive its rents (but not sell +timber) until the fine and costs are satisfied, after which the +land is to be given back and may not be forfeited to the lord. + +Tenants holding over any lands after their term expired and after +demand for possession was made shall pay double the yearly value +of such to the landlord. The landlord may reenter and eject a +tenant if rent is in arrears for 1/2 year. + +Landlords may distrain within 30 days and sell goods and chattels +fraudulently or clandestinely carried off the premises by renters +in arrears of rent. This applies to goods sold to others privy to +the fraud. They may use force if necessary to break open houses +upon giving a Justice of the Peace reasonable grounds to suspect +and to break open other buildings in the presence of a constable. +The renter is to forfeit double the value of such. The landlord +may distrain the renter's cattle on any common or any growing +grain, roots, or fruit. Attornments of renters made to strangers +who claim title and turn the landlord out of possession are void. + +Chief leases may be renewed without surrendering all the under +leases. This is to prevent subtenants from delaying the renewal of +the principal lease by refusing to surrender their leases, +notwithstanding that they have covenanted to do so. But the rents +and duties of the new subleases may not exceed those of their +former leases. + +Any person claiming a remainder, reversion, or expectancy in any +estate after the death of any person who has cause to believe that +that person is dead and the death is being concealed by the +person's guardian, trustee, husband, or other person may yearly +request an order in chancery for the production of such tenant for +life. Upon refusal, the tenant for life shall be deemed dead. + +As of 1752, all devices, legacies, and bequests made by will in +Great Britain or the colonies is void if not in writing and +witnessed by three witnesses. No witness may receive under the +will. + +An accessory before or after the fact of felony may be prosecuted +and tried not only if the principal accused felon has been +convicted, but even if he stood mute or peremptorily challenged +over 20 persons to serve on the jury. The accessories shall be +punished the same as if the principal had been attainted. Buyers +and receivers of stolen goods may be prosecuted and punished if +they knew the goods to be stolen, even if the principal felon has +not been convicted. The punishment will be as for misdemeanor by +fine and imprisonment. This is to deter the counselors and +contrivers of theft and other felonies and the receivers of stolen +goods from taking advantage of the former rule that an accessory +could not be convicted or punished unless the principal had first +been attainted. And if any captain or mariner or other officer +belonging to any ship willfully casts away, burns, or otherwise +destroys that ship to the prejudice of its owners or merchants +loading goods onto the ship, he shall suffer death as a felon. + +Journeymen shoemakers or employees of such who sell or pawn boots, +shoes, slippers, cut leather or other materials for making such +goods which are not his proper goods, or exchange for worse good +leather which has been entrusted to them, shall for the first +offense, recompense the injured person, or if his goods are +insufficient for distress, may be whipped. For the second offense, +he shall be sent to hard labor in a House of Correction for 14-30 +days. A person who buys or receives or takes in pawn such goods +shall suffer the same penalties. Justices of the Peace may issue +warrants to search houses and buildings in the daytime if there is +"just cause to suspect" such goods therein based upon information +given to him under oath. + +Anyone employed in the working up of woolen, linen, fustian, +cotton, or iron manufacture who embezzles or purloins any +materials for their work shall forfeit double the value of the +damages done and anyone convicted thereof may be put into the +House of Correction until he pays, or if he can't pay, to be +publicly whipped and kept at hard labor for no more than 14 days. +Persons convicted of buying or receiving such materials shall +suffer like penalties and forfeitures as one convicted of +embezzling or purloining such materials. Laborers employed in such +manufacture must be paid in coin and not in cloth, victuals, or +commodities in lieu thereof. Leatherworkers were added with a +penalty of up to double the value. Later this statute was amended +to include a penalty for the second offense of forfeiture of four +times the value, or else hard labor at a House of Correction for +1-3 months and whipping once or more in the market town. Like +penalties were given for buyers of such material knowing it to be +false. One who neglected finishing and delivering such goods +because he was leaving this employment were to be sent to the +House of Correction for up to one month. + +The penalty for possessing or offering to sell any hare, pheasant, +partridge, moor or heath game or grouse by any carrier, innkeeper, +victualler, or alehouse keeper is 5 pounds, 1/2 to the informer, +and 1/2 to the poor of the parish. If unable to pay, the offender +shall be placed in the House of Correction for three months +without bail. Unauthorized persons keeping or using greyhounds, +setting dogs, or any engine to kill game shall suffer the same +penalties. In 1770, anyone killing hare at night or using any gun, +dog, or other engine to take or kill or destroy any hare, +pleasant, partridge, moor game, heath game, or grouse in the night +shall go to gaol or the House of Correction for 3-6 months without +bail and whipped for the first offense and for 6-12 months without +bail and whipped for any further offense. If such occurs on a +Sunday, the offender must forfeit 20-30 pounds or go to gaol for +3-6 months. In 1773, no one may kill or take or possess any heath +fowl or any grouse except at a limited period during the year. + +Each manor may have only one gamekeeper allowed to kill game such +as hare, pheasant, partridge and only for his household's use. +This gamekeeper must be either qualified by law or a servant of +the land's lord. Other persons possessing game or keeping a +greyhound or setting dogs or guns or other devices to kill game +must forfeit them and five pounds. + +Anyone killing or attempting to kill by shooting any house dove or +pigeon shall forfeit 20s. or do hard labor for one to three +months. Excepted are owners of dove cotes or pigeon houses erected +for the preservation and breeding of such. + +A gamekeeper or other officer of a forest or park who kills a deer +without consent of the owner must forfeit 50 pounds per deer, to +be taken by distress if necessary, and if he can't pay, he is to +be imprisoned for three years without bail and set in the pillory +for two hours on some market day. A later penalty was +transportation for seven years. Anyone pulling down walls of any +forest or park where deer are kept without the consent of the +owner must forfeit 30 pounds and if he can't pay, he is to be +imprisoned for one year without bail and spend one hour in the +pillory on market day. Later, the killing of deer in open fields +or forests was given the same penalties instead of only the +monetary penalty prescribed by former law (former chapter). The +penalty for a second offense was given as transportation for seven +years. Anyone beating or wounding a gamekeeper with an intent to +kill any deer in an open or closed place was to be transported for +seven years. + +Anyone who apprehends and prosecutes a person guilty of burglary +or felonious breaking and entering any house in the day time shall +be rewarded 40 pounds in addition to being discharged from parish +and ward offices. + +Anyone who feloniously steals or aids in the stealing of goods, +wares, or merchandise over 5s. from a shop, warehouse, coach +house, or stable (by night or by day, whether the owner is present +or not, whether there is a break in or not) may not have benefit +of clergy. + +Anyone stealing goods of 40s. worth from a ship on any river or in +any port or creek or from any wharf may not have benefit of +clergy. + +Anyone receiving or buying goods they know to be stolen or who +harbors or conceals any burglars, felons, or thieves knowing them +to be such shall be taken as accessory to the felony and shall +suffer death as punishment if the principal felon is convicted. + +A person taking money or reward for helping any other person to +stolen goods or chattels is guilty of felony unless he brings the +thief to trial. + +As of 1717, any person convicted of grand or petit larceny or any +felonious stealing or taking of money, goods, or chattels, either +from the person or from the house of any person who is entitled to +benefit of clergy and who is liable only to whipping or burning in +the hand may instead be transported to the American colonies to +the use of any person who will pay for his transportation for +seven years. Any person convicted of an offense punishable by +death and without benefit of clergy and buyers and receivers of +stolen goods may be given mercy by the king on condition of +transportation to any part of America to the use of any person who +will pay for his transportation, for fourteen years or other term +agreed upon. Returning before the expiration of the term is +punishable by death. + +Anyone assaulting another with an offensive weapon with a design +to rob may be transported for seven years. + +Any person armed with swords, fire-arms, or other offensive +weapons and having their faces blackened or otherwise being +disguised, who appears in any forest, park, or grounds enclosed by +a wall or fence wherein deer are kept (including the king's deer) +or in any warren or place where hares or conies are kept or in any +high road, open heath, common, or down, or who unlawfully hunts, +wounds, kills, or steals any deer or steals any hare or rabbit or +steals any fish out of any river or pond or who unlawfully and +maliciously breaks down the head or mound of any fish pone, +causing the loss of fish, or who unlawfully and maliciously kills, +maims, or wounds any cattle, or who cuts down any trees planted in +any avenue or growing in any garden or orchard for ornament, +shelter, or profit, or who sets fire to any house, barn or out +house [outer building], hovel, or stack of grain, straw, hay or +wood, or who willfully and maliciously shoots any person in any +dwelling house or other place, or who sends any letter with no +signature or a fictitious signature, demanding money, venison, or +other valuable thing, or who forcibly rescues any person lawfully +in custody for any of these offenses, or who procures others by +gift or promise of money or other reward to join with him in any +such unlawful act is guilty of felony and shall suffer death +without benefit of clergy. Persons abetting them are also guilty +of felony and shall suffer death without benefit of clergy. +Attainder shall not work corruption of the blood, loss of dower, +or forfeiture of lands, goods, or chattel. The persons sustaining +damages can recover 200 pounds or less from the hundred, with +inhabitants paying proportionately, unless one of the offenders is +convicted within six months. If other hundreds have not diligently +followed the hue and cry, they shall pay half such damages. In +1735, it was required that there be notice to the constable or +other officer or tythingman and public notice in the London +Gazette describing the robbery, offenders, and goods taken before +the hundred had to pay damages. Also, it did not have to pay +damages if one offender was apprehended with 40 days of +publication in the London Gazette, but did have to pay the +apprehender 10 pounds. In 1754 was also included letters +threatening killing people or burning houses, barns or stacks of +grain, hay, or straw, without any demand. Also, persons who +rescued such offenders from gaol were given the same penalty. + +Later, persons obtaining money or goods by false pretenses with an +intent to defraud or cheat or sending a letter without a true +signature threatening to accuse any person of a crime with an +intent to extort money or goods, are punishable by fine and +prison, pillory, or whipping or transportation for seven years. + +Later, no person may recover more than 200 pounds after a hue and +cry unless there are at least two witnesses to the robbery. + +No one may advertise a reward for return of things stolen or lost +with no questions asked, because this has resulted in thefts and +robberies. + +Justices of the Peace may authorize constables and other peace +officers to enter any house to search for stolen venison. Any +person apprehending an offender or causing such to be convicted +who is killed or wounded so as to lose an eye or the use of a limb +shall receive 50 pounds. Any person buying suspect venison or skin +of deer shall produce the seller or be punished the same as a deer +killer: 30 pounds or, if he couldn't pay, one year in prison +without bail and one hour in the pillory on market day. An +offender who discloses his accomplices and their occupations and +places of abode and discovers where they may be found and they are +subsequently convicted, shall be pardoned. + +Anyone stealing sheep or cattle or parts thereof is a felon and +shall suffer death without benefit of clergy. + +Persons who steal or aid in stealing any lead, iron bar, iron +gate, palisadoe, or iron rail fixed to any house or its outhouses, +garden, orchard, or courtyard is guilty of felony and may be +transported for seven years. In 1756 also included was copper, +brass, bell-metal, and solder; buyers and receivers; and mills, +warehouses, workshops, wharves, ships, barges, and other vessels. +Search warrants were authorized in case of suspicion. Officers and +solicited buyers and receivers were required to take persons who +at night were reasonably suspected of having or carrying such +items, to an accounting before a Justice of the Peace. Also a +notice was put in the newspaper for any owners to claim such. If +the person did not give a satisfactory account of the items, he +was guilty of a misdemeanor punishable by forfeiture of 2 pounds +or prison up to one month for the first offense, 4 pounds or +prison for two months for the second offense, and 6 pounds or +prison for any subsequent offense (without bail). An officer or +solicited buyer or receiver who did not take a suspect to a +Justice of the Peace was punishable by the same penalties except +the amounts of forfeiture were 1 pound, 2 pounds, and 4 pounds +respectively. A felon who brought two buyers or receivers to +justice was to be pardoned. + +A description of any goods and the appearance of a rogue or +vagabond or idle and disorderly person shall be advertised in a +public paper for identification by the owner as stolen. + +Pawning goods without consent of the owner is punishable by +forfeiture of 20s. or hard labor for fourteen days with whipping +there. + +Maliciously destroying river banks resulting in lands being +overflowed or damaged is a felony for which one shall suffer death +without benefit of clergy. Later, transportation for seven years +was made an alternative. + +All persons pretending to be patent gatherers or collectors for +prison gaols or hospitals and all fencers, bearwards, common +players of interludes, minstrels, jugglers, and pretended gypsies, +and those dressing like Egyptians or pretending to have skill in +physiognomy, palm-reading, or like crafty science, or pretending +to tell fortunes, and beggars, and all persons able in body who +run away and leave their wives or children to the parish shall be +deemed rogues and vagabonds. Apprehenders of such persons bringing +them before a Justice of the Peace may be rewarded 2s. Any +constable not apprehending such shall forfeit 10s. Persons +wandering outside the place determined by a Justice of the Peace +to be his settlement may be whipped on the back until it is bloody +or sent to hard labor at a House of Correction. If he was +dangerous and incorrigible, for instance as indicated by swearing +falsely before a Justice of the Peace, he could suffer both +punishments with the whipping being on three market days. If he +escaped from the House of Correction, it was felony. If he has +been absent for more than two years, he could be put out as an +apprentice for seven years in the realm, in the colonies, or in a +British factory beyond the seas. Included later were performers +for gain from outside their parish of any play, tragedy, comedy, +opera, farce or other entertainment of the stage, including +performances in public places where wine, ale, beer, or other +liquors are sold, or forfeit 50 pounds. Excluded were performances +authorized by the king in Westminster. + +Unlicensed places of entertainment are deemed disorderly (like +bawdy houses and gaming houses) because they increase idleness, +which produces mischief and inconvenience. Persons therein may be +seized by a constable. Persons keeping such a place shall forfeit +100 pounds. No licensed place of entertainment may be opened until +5:00 p.m. + +Later there was an award of 5s. for apprehending a person leaving +his wife and children to the parish, living idly, refusing to work +at going rates, or going from door or placing themselves in the +streets to beg. This includes begging by persons who pretend to be +soldiers, mariners, seafaring men, or harvest workers. These +rogues and vagabonds shall be sent to hard labor at a House of +Correction for up to one month. The real soldiers, mariners, +seafaring men, and harvest workers shall carry official documents +indicating their route and limiting the time of such passage. + +Persons pretending to be lame who beg are to be removed. If he +comes back to beg, his back may be whipped until bloody. If a +constable neglects this duty, he shall forfeit 10s. + +Masters of ships bringing in vagabonds or beggars from Ireland or +the colonies shall forfeit five pounds for each one. This money +shall be used for reconveying such people back at a price +determined by a Justice of the Peace. A master of a ship refusing +to take such a person shall forfeit five pounds. These vagabonds +and beggars may be whipped. + +Anyone who profanely curses or swears shall suffer the following +penalties: day laborer, common soldier, common sailor, common +seaman - 1s., anyone else below the degree of gentleman - 2s., +gentlemen and above - 5s., and for the second offense, a double +fine, for further offense, a treble fine. If a person can't pay, +he shall be put to hard labor at a House of Correction for ten +days, or if a common soldier, common sailor, or common seaman, he +shall be set in the stocks for 1-2 hours. This is to prevent the +provocation of divine vengeance. + +Anyone setting up or maintaining lotteries or deceitful games must +forfeit 200 pounds, or go to prison up to 6 months. Any one who +plays at such, such as by drawing lots or using cards or dice, +must forfeit 50 pounds. Sales of lottery items, such as houses, +lands, plate, jewels, or ships, are void and these items will be +forfeited to any person who sues. Such have caused many families +to become impoverished, especially through their children or +through the servants of gentlemen, traders, and merchants. +Backgammon games are exempt. Later, People who lost up to ten +pounds in deceitful gaming were allowed to sue to recover this +money from the winners. Also, anyone winning or losing ten pounds +at one time or twenty pounds within 24 hours shall be fined five +times the value of such. Offenders discovering others, who are +convicted, are indemnified from all penalties and shall be +admitted to give evidence. + +No one may run more than one horse, mare, or gelding in a horse +race. No prize may be under 50 pounds value. This is because a +great number of horse races for small prizes have contributed to +idleness, to the impoverishment of the meaner sort of people, and +has prejudiced the breed of strong and useful horses. + +Wagers and agreements in the nature of puts and refusals relating +to prices of stocks or securities are void. Those making or +executing such agreements must forfeit 500 pounds. Those selling +stock which one does not possess must forfeit 500 pounds. Brokers +negotiating such agreements must forfeit 100 pounds. + +Only a person with an interest in the life or death of another may +have insurance on this other, to prevent the mischievous kind of +gaming that has been introduced. + +The punishment for forgery or counterfeiting or assisting in such +or claiming a counterfeit item is good while knowing that it is +not, with an intent to defraud is death without benefit of clergy. +The punishment for perjury or subordination of perjury is hard +labor in the House of correction for up to seven years or +transportation for up to seven years. The punishment for altering +numbers on bills of exchange or other payment papers is death. + +It is high treason to counterfeit the coinage. A person who +tenders coin, knowing it to be false, shall spend six months in +prison and acquire sureties for good behavior for the next six +months. If he offends again, he shall spend two years in prison +and acquire sureties for good behavior for the next two years. The +third offense is felony without benefit of clergy. + +In 1773, makers, aiders, or possessors of any frame, mould, or +instrument for forging paper notes of the Bank of England and +putting this identification thereon is felony for which one shall +suffer death without benefit of clergy. Anyone who forges +promissory notes, bills of exchange, or inland bills of the Bank +of England by engraving or etching on metal or wood "Bank of +England" or "Bank Post Bill" shall go to gaol for up to six +months. + +Anyone selling gold or silver ware, vessel, plate or other item +large enough to be marked which has not been marked by its maker +shall forfeit 10 pounds or be kept at hard labor up to six months. +Anyone counterfeiting such mark shall forfeit 100 pounds. Later, +vendors of these items were required to be licensed and the +penalty for counterfeiting was raised to felony for which one +shall suffer death without benefit of clergy. Later still, +transportation for fourteen years was allowed as an alternative. +If an item was not all silver, e.g. had metal underneath, 100 +pounds was to be forfeited. + +In 1769, receivers of stolen jewels and gold and silver plate and +watches knowing them to be stolen, in cases of burglary and +highway robbery, may be transported for 14 years. + +Apples and pears may not be sold by any measure other than a +standard water measure, or forfeit 10s., one-half to the informer, +and one-half to the poor, except for measures sealed by the +Company of Fruiterers. This is to decrease the suits between +buyers and sellers. + +There shall be enough silver and gold on silver and gold plated +silk thread and wire so that it does not crumble off, thereby +wasting the bullion of the nation. This is also to encourage its +export by making it competitive in trade with such foreign +articles, which may not be imported. + +Malt to be sold or exported must not be fraudulently mixed with +unmalted grain to lower duties payable or forfeit 5s. + +Any one who adulterates coffee with water, grease, butter, and +such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the +suer. + +Walnut tree leaves, hop leaves, sycamore leaves and such may not +be made to imitate tobacco leaves for sale or forfeit 5s. per +pound. + +Persons near London may not make unsound, hollow, or improperly +heated bricks. + +Makers of narrow woolen cloths must weave or set in the head of +every piece his initials or forfeit one pound. This is to prevent +frauds and abuses, particularly in stretching and straining the +cloth. The fulling mill owner must append his seal of lead with +his name and with his measurements. The searcher to be appointed +must measure such cloths when wet for conformity to standard +measurements and append his seal with his measurements. He may +also inspect any places he chooses. + +In 1774, wool making employees not returning all working tools and +implements and wool and all materials with which entrusted back to +their employer or who fraudulently steams, damps, or waters such +wool or who takes off any mark on any piece of cloth shall go to +the House of Correction for one month. If he absconds with or +sells such or anyone fraudulently buys or receives such from him, +a search warrant may be issued to seize any other such tools or +material. If found, the person may be brought to account before a +Justice of the Peace, and if the account is not satisfactory, he +shall forfeit such. A search warrant may also be issued for houses +on "just cause to suspect" by oath of a credible witness. For a +second offense, the penalty is up to three months in a House of +Correction. For a third offense, the penalty is up to six months +in a House of Correction and public whipping. + +Bakers must mark their bread with W for white, WH for wheaten, and +H for household or forfeit 20s. to the informer. In 1758, a new +assize of bread set prices for rye, barley, oats, and beans by the +bushel. The prices for the three qualities of wheat, for wheaten +(prized and unprized), and for household grain by the bushel were +to be determined from within a statutory range by the local Mayor +or Justice of the Peace. Mayors and Justices of the Peace were to +determine a fair profit for their local bakers for all the types +of bread. A miller, mealman, or baker adulterating bread was to +forfeit 40s. 10 pounds, part of which money could be used in +publishing his name, abode, and offense in the local newspaper. +Later, there was a forfeiture of 1-5s. for every ounce +underweight. Household bread was to be 1/4 cheaper than wheaten or +forfeit 10-40s. Bread inferior to wheaten was not to be sold at a +price higher than household or forfeit up to 20s. If the +forfeiture was not paid, it could be levied by distress, or +otherwise the offender was to spend one month in gaol or a House +of Correction. + +Straw to be sold in London must be sound, firmly bound in a truss, +and of a given weight or forfeit it and 20s. if no truss, and 1s. +if in truss but underweight or of mixed quality. Handlers must +keep registers of sellers, buyers, weights, dates of sale, and +prices or forfeit 10-20s. + +Frame-work knitted pieces and stockings shall be marked with the +correct number of threads by the master, frame-work knitter, or +master hosier, or forfeit the goods and 5 pounds. If a journeyman +apprentice, or servant employ does not mark correctly, he shall +forfeit the goods and 5s.-40s. Sellers of such shall forfeit the +goods and 5 pounds per piece. + +At every fishing season, the quantity of salt, foreign or +domestic, used by a proprietor for curing fish for export shall be +accounted and sworn to so that it can be compared with the +quantity of fish exported by the proprietor to ensure that the +salt duties are fully paid, or forfeit 40 pounds. If such salt is +sold for other uses than curing fish, the proprietor is to forfeit +20s. per bushel sold and the users thereof, to forfeit 20s. per +bushel bought, delivered, or used. If one can't pay, he is to be +whipped and put to hard labor in a House of Correction for up to +three months. + +Agreements between coal owners, lightermen, fitters, master or +owners of ships, hindering the free sale, loading, and unloading, +navigating, or disposing of coals are illegal, null, and void. +This is engrossing and has caused the price of coals to go up. + +No coal trader or dealer may use his own lighters, barges, or +other vessels to carry coals on the Thames River to and from any +ship and to and from any wharf, dock, or creek because this has +impaired the business of the watermen and wherrymen, whose vessels +must now be registered and display such mark on their hulls. No +lightermen nor buyers of coals may act as agent for any master or +owner of a ship importing coals into London or forfeit 200 pounds, +because this combination has caused the price of coal to go up. +Selling one sort of coal for another is punishable by forfeiture +of 500 pounds. Only standard size coal sacks may be used for +selling coal and they must be sealed and stamped by an official at +the Guildhouse before sale. The mayor and aldermen of London may +set the price of coals coming into this port. In other areas, +Justices of the Peace set the prices of coals which allowed "a +competent profit". If a merchant refused to sell at that price, +the Justice of the Peace could authorize seizure and sale by +officers. + +Later, coal measurers must give the coal cart driver a ticket with +the name of the sellers and consumers, the quantity and quality of +the coal, its price, the date of sale, and the name of the cart +driver or forfeit 5 pounds. The cart driver must give this ticket +to the consumer or forfeit 5 pounds. If coal is carried by cart +without a ticket, the seller forfeits 50 pounds and the driver 5 +pounds. + +Anyone who willfully and maliciously set on fire any mine or pit +of coal is guilty of felony and shall suffer death without benefit +of clergy. Anyone who willfully and maliciously floods a coal +work, mine pit or who makes underground cavities or passages with +intent to destroy or damage such, or obstructs any sough or sewer +made for draining such, which has been held in common for 50 +years, shall forfeit treble damages. This is to deter these +offenses, which have been done to enhance the price of coals and +gain a monopoly thereof. + +If twelve or more people who riotously and tumultuously assemble +and disturb the peace, do not disburse within an hour of an order +to disburse by a justice or sheriff or mayor, they shall be deemed +felons without benefit of clergy. Any people pulling down or +destroying a church, dwelling house, barn, stable, or other out +house; any mill; any engine used for draining water from any coal, +lead, tin, or copper mines, or for drawing coals from mines; or +bridge, wagon, or fences used in such industry will be deemed +felons without benefit of clergy and may be transported for seven +years. The cost of repair is to be borne by the hundred or town. + +Owners of timber trees, fruit trees, and others used for shelter, +ornament, or profit which are cut down or otherwise destroyed +shall be made good by his parish or town, as are hedges and dikes +overthrown by persons in the night. In 1765, anyone cutting down +or destroying any oak or other timber trees at night shall forfeit +up to 20 pounds for the first offense, up to 30 pounds for the +second offense, and shall be transported to the colonies for seven +years for any further offense. Anyone digging up or destroying or +carrying away any root, shrub, or plant worth up to 5s. in a +garden, nursery, or other enclosed ground at night shall forfeit +up to 2 pounds for the first offense, up to 5 pounds for the +second offense, and shall be transported to the colonies for seven +years for any further offense. Anyone not paying was to be gaoled. +Aiders and buyers who knew the item was stolen incurred the same +penalties. Later, many other types of trees, such as beach, ash, +elm, cedar, and walnut were included as timber trees, and hollies, +thorns, and quicksets included as plants. + +The previous statute that substituted burning in the cheek for +burning in the hand is repealed because this not only did not +deter offenders, but on the contrary, made them unfit for honest +livelihoods and therefore more desperate. Those convicted of theft +or larceny shall be burnt in the hand and may be kept at hard +labor in a House of Correction for 2-24 months, without bail. + +Persons using violence to hinder the purchase or transportation of +grain, e.g. by beating or wounding a buyer; beating or wounding +the driver or horse of a cart loaded with wheat, flour, meal, +malt, or other grain, or cutting the harness of or driving away +the horse, or cutting or carrying away the sacks of grain is to be +put in the common gaol or House of Correction with hard labor for +1-3 months, and whipped in the market place between 11:00 and +2:00. The penalty for a second offense or for destroying a +storehouse or granary where grain is kept to be exported or for +taking or spoiling such grain, or for throwing such off a ship or +vessel is transportation for seven years. The hundreds concerned +are to pay damages up to a total of 100 pounds, but only if notice +is given to the constable within two days and there is an oath and +examination before a Justice of the Peace within ten days of the +owner or his servants. If any offender is convicted within a year, +the hundreds are released. + +Anyone who steals at night any cloth or wool or woolen goods set +out to dry on racks shall forfeit treble damages, or if he can't +pay, be sent to prison for three months without bail. For the +second offense, he shall forfeit treble damages and be sent to +prison for six months without bail. For the third offense, he +shall be transported for seven years. Upon complaint, a Justice of +the Peace may authorize a constable or other peace officer to +enter and search houses, outhouses, yards, and gardens of a person +suspected by the owner. This person shall account to the Justice +of the Peace and may bring a witness to his purchase of the items. +If the account is unsatisfactory, he shall be penalized. + +Anyone taking linens, fustians, or cottons set out for whitening, +bleaching, or printing up to the value of 10s. in lands, grounds, +or buildings may be transported for seven years. Later, this +penalty was increased to death without benefit of clergy or +transportation for fourteen years. + +Anyone stealing or maliciously pulling up or destroying any +turnips on a person's land must pay damages or go to gaol for up +to one month. He may be whipped. The penalty for a second offense +is three months in a House of Correction. This statute of 1750 +was, in 1773, extended to include potatoes, cabbages, parsnips, +peas, and carrots. A penalty up to 10s. was added. Evidence of the +owner was to be taken. + +In 1769, anyone who steals a dog or receives such knowing it to be +stolen shall forfeit 20-30 pounds for the first offense, and 30-50 +pounds for the second offense or go to gaol or the House of +Correction for 12-18 months and be publicly whipped there. Search +warrants may be issued to search for stolen dogs or their skins. +One-half of the forfeiture will go to the informer. + +Persons pretending witchcraft, sorcery, enchantment, or +conjuration; or telling fortunes; or pretending by occult +knowledge to discover the location of stolen goods may be +imprisoned for one year without bail and put in the pillory in the +market place once in every quarter of such year. + +Anyone stealing goods off shipwrecks, or putting out a false light +to bring a ship to danger, or beating or wounding with an intent +to kill or otherwise obstructing a person escaping from the ship +to save his life shall suffer death without benefit of clergy. +Except that good of small value taken without violence shall be +punished as petit larceny. The houses of suspect people may be +searched by warrant. If there are goods found or if people are +found offering goods to sell, they may be ordered by a justice to +give an account of these goods. If the account is not +satisfactory, the punishment is forfeiture of treble their value +or six months in prison. A reasonable reward may be given to the +discoverer. Anyone assaulting a magistrate or officer involved in +salvage work shall be transported for seven years. + +Officers of the revenue who collude with importers to return to +them goods which have been seized for nonpayment of duties shall +forfeit 500 pounds and lose office, unless he discloses his +accomplices within two months. The importer shall forfeit treble +the value of such goods. + +Armed person to the number of three assembled to assist in illegal +exporting or running, landing, or carrying away prohibited or +uncustomed goods and any person apprehended by any revenue +officer, and anyone with his face blackened or masked who +obstructs, assaults, opposes, or resists any revenue officer +seizing such goods, or who shoots at or maims or wounds any +revenue officer attempting to go on any ship shall suffer death as +felons without benefit of clergy or serve as a commons sailor in +the navy for at least one year. Harborers of such offenders will +be transported for seven years. The hundreds shall pay 100 pounds +for each revenue officer killed, and up to 40 pounds for each one +beaten, wounded, or maimed, and damages up to 200 pounds for +goods, unless an offender is caught and convicted in six months. +There is a reward of 500 pounds to an apprehender, and 50 pounds +for an attempt to apprehend in which one loses a limb or eye or is +maimed or wounded, and 100 pounds to his family if he is killed. +An offender who brings two of his accomplices to justice will be +acquitted and rewarded 50 pounds for each such accomplice. Later, +an incentive was given to customs officers to have a portion of +the proceeds of the sale of such goods seized by them, such as 2/3 +for wrought silks and calicoes, and 1/3 for tea, coffee, foreign +brandy, and rum. Still later, any person could seize wrought silk, +including ribbons, laces, and girdles containing it, from the +importer or retailer, and the importer was to forfeit 100 pounds, +and any import assistants 50 pounds, and retailers or concealers +50 pounds, with one half going to the suer. Also, the goods were +to be publicly burnt. Still later, the penalty was increased to +forfeiture of 200 pounds for all offenders, but not including +wearers, and the goods were to be publicly sold for export rather +than burnt. Then the import of silk stockings, silk mitts, and +silk gloves was prohibited for the support of the English silk +industry. Retailers, sellers, and concealers of such were to +forfeit the goods and 200 pounds. Search warrants could be issued. +In 1765, importers, sellers, and manufacturing users of most +foreign wrought silks or velvets were to forfeit the goods and 100 +pounds. The goods were sold for export with the proceeds going 1/2 +to the king, and 1/2 to the seizing officer. The wearer was not +liable. The burden of proof of the place of manufacture was on the +person prosecuted rather than on the prosecutor. Persons breaking +into houses or shops to destroy any wool or silk being made or +tools or racks used shall suffer death as felons, to prevent +combinations of workmen. In 1768, bounties were made available to +American exporters of raw silk to Great Britain, whose climate was +not conducive to the growing of mulberry trees on which silk worms +feed. In 1774, cotton printed, stained, or dyed that has been +manufactured in Great Britain may be worn and used, but must have +a mark woven in the warp that it was manufactured in Great +Britain. Persons importing other such cloth shall forfeit it and +ten pounds per piece. Persons selling such with a counterfeit +stamp with an intent to defraud shall suffer death without benefit +of clergy. The protective measures for English silk manufacture +did not work well. + +Any ship not more than 50 tons hovering on the coast with +customable or prohibited goods may be boarded by a customs +officer, who may demand bond for treble the value of the goods. + +In 1724, persons contracting with artificers and manufacturers of +wool, iron, steel, brass, and other metals, clock-makers, watch- +makers to go to a foreign country and there receive greater wages +and advantages shall forfeit 100 pounds and spend 3 months in +prison for the first offense, and shall forfeit a sum determined +by the court and spend 12 months in prison for the second offense. +An artificer or manufacturer not returning after warning is given +by the ambassador is to forfeit hereditaments, goods, and lands +and to be deemed an alien. Later, in 1750, cotton and silk were +included and the penalty was increased to 500 pounds and 12 months +in gaol for the first offense, and 1000 pounds and 2 years in +prison for the second offense. Also, anyone exporting tools of +wool or silk manufacture was to forfeit the tools and 200 pounds. +This statute was strictly enforced. In 1774, tools of cotton and +linen manufacture were included. + +In 1772, all statutes against engrossing, forestalling, and +regrating were repealed because they had prevented free trade and +tended to increase prices, e.g. of grain, meal, flour, cattle, and +other victuals. + +Anyone assisting a felon (except for petty larceny) to try to +escape from gaol, is guilty of felony and shall be transported for +seven years. Anyone assisting a person who owes or is to pay 100 +pounds to try to escape from gaol is guilty of a misdemeanor. In +1772, prison keepers were indemnified from creditors for any +escapes of debtors due to conspiracy and break out with weapons +and firearms rather than negligence, as had been occurring. + +Any pirate, accessory to piracy, commander or master or other +person of any ship or vessel who trades with a pirate or furnishes +him with ammunition or provisions of fits out a ship to trade with +pirates shall suffer death and loss of lands, goods, and chattels. +Seamen maimed in fighting pirates may be admitted into Greenwich +Hospital. (This hospital received support from duties paid by +vessels of the realm and of the colonies.) Masters or seamen not +fighting shall forfeit their wages and spend 6 months in prison if +the ship is taken. Masters shall not advance to any seamen above +half his wages since deserting is the chief occasion of their +turning into pirates. + +In London penalties for crimes against property rose so that by +1740, a child could be hanged for stealing a handkerchief worth +1s. from a person's body. + +No more than 600 pounds of gunpowder may be kept in any building +in London or Westminster or suburbs thereof. Later, no more than +200 pounds of gunpowder were allowed to be kept therein for more +than 24 hours. Buildings may be searched on "reasonable cause" +shown to a Justice of the Peace. Later, no more than 400 pounds of +gunpowder could be kept for more than 24 hours near any town, or +more than 300 pounds for more than 24 hours in any place. Then no +gunpowder could be conveyed by land over 25 barrels or by water +over 200 barrels. + +It was customary for officers to take the oaths of allegiance and +supremacy to any new monarch. When George I became king in 1714, +all civil and military officers, clergy, schoolmasters, and +lawyers, solicitors, clerks, etc. living within 30 miles of London +had to take an oath of allegiance and a new oath that the person +was not Papist and agreed that no foreigners had jurisdiction in +the realm, such as to excommunicate someone and thus declaring he +could be legitimately killed. Soon after, it was required that +Papists had to register their names and real estates. +Commissioners were appointed to make inquiries. If a person did +not take the oaths or did not register, he was to forfeit 2/3 of +his land to the king and 1/3 to a Protestant who sued for such. +This was in order to deter future rebellions against the king and +efforts to destroy the Protestant religion. + +Papists enlisting in the army are liable to corporal punishment, +but not death, as determined by a court martial. + +Any mayor, bailiff, or other magistrate who is present at any +meeting for public worship other than the Church of England will +lose office and is barred from any public office or employment. + +As late as 1722, there was a Papist conspiracy to take the Tower +of London and the King, and make a Catholic king. This resulted in +the imprisonment of the conspirators and a new statute: Persons +not taking the oath of allegiance and above oath that they were +not Papist shall register their lands and yearly rents and pay +double the land tax and 100,000 pounds. After payment, they are +discharged from forfeiting 2/3 of their lands' rents for one year. + +Jews may not refuse suitable maintenance to their children who are +Christian to pressure them to convert back to Judaism. + +In 1712 was the last execution for witchcraft. By statute of 1736, +witchcraft, sorcery, enchantment, and conjuration were abolished +as crimes. + +Black slaves were common for a time in London. This was a result +of the voluminous triangle trade of manufactured goods from +England, slaves from West Africa, and sugar and tobacco from the +West Indies. Slavery was largely abolished by judicial decision of +Chief Justice Mansfield in 1772. + +If a sheriff does not answer for money collected for the +Exchequer, he shall forfeit treble damages to the aggrieved +person, double the sum missing to the aggrieved person, 100 pounds +to the king, and 100 pounds to the party who sues. If a sheriff +take a fee for levying or collecting money due to the king (except +4d. for an acquittance) or take a sum for not levying money due, +he is guilty of extortion, injustice, and oppression and shall +forfeit treble damages and costs to the aggrieved person, and +double the sum extorted to the aggrieved person. A sheriff may not +levy more than 12d. for every 20s. of yearly income of any manor +for up to 100 pounds of income, and 6d. for value over 100 pounds. + +No one may cut pine trees that are fit for masts of ship in New +England without license by the Queen or forfeit 100 pounds. Later, +pine trees on private property were excluded. + +Citizens of Great Britain may sue colonial debtors by oath before +British magistrates and a debtor's colonial lands and houses and +negroes may be used to satisfy his debts. + +Anyone pretending to act under a charter and taking subscriptions +in Great Britain or the colonies must forfeit treble damages. + +No hats, including beaver hats, may be exported from any colony +even to another colony because this has hurt British hat +manufacture. The penalty is 500 pounds. No one in the colonies +except present hatmakers who are householders and journeymen may +make hats unless they serve a seven year apprenticeship. No +hatmaker in the colonies may have more than two apprentices at +once. + +Whaling ships near Greenland were prohibited from returning until +their hulls were full. Vessels built or fitted out in America may +engage in whaling. + +Pig iron from the colonies may be imported free, but there may be +no mill for slitting or rolling iron and no plateing-forge or +other engine to work with a tilt hammer and no furnace for making +steel erected or used in the colonies or forfeit 200 pounds. + +No paper bills of credit may be used in New England because such +have depreciated. + +William Blackstone lectured on law at Oxford University in 1753. +As a result, the first professorship of English law was +established. His lectures were published in 1769 as the +"Commentaries on the Laws of England". They greatly influenced the +American colonists and were the basis of legal education in +England and America for years. They were comprehensive and covered +real property, crime and punishment, court procedure, contract, +corporations, and commercial law. He wrote "The Great Charter and +Charter of the Forest" in 1759. + + + + - Judicial Procedure - + +For actions under 10 pounds in a superior court and actions under +40s. in an inferior court, the offender shall be served with +process to appear in court rather than being arrested. For money +at issue, an affidavit shall be taken. No more money may be taken +for bail than the amount at controversy. This is to prevent +frivolous and vexatious arrests. Perjurers, forgers, those +involved in barratry or suborning perjury, and pretenders +practicing as attorneys or solicitors in the courts of law or +equity shall be transported for seven years to the American +colonies. Unqualified people acting as attorneys or solicitors in +the county court shall forfeit 20 pounds. + +No one may practice as an attorney in the courts of King's Bench, +Common Pleas, or Exchequer until he has been examined by a judge +of such court on his fitness and qualifications and has taken the +oath to honestly demean himself and practice according to his best +knowledge and ability. The same applies to a solicitor in the +equity courts. This shall not exclude persons who have been bound +to an attorney or solicitor for four years. Attorneys and +solicitors, with consent of an attorney of another court, may +participate in proceedings of such other court. No attorney may +have more than two clerks bound to him at one time. Attorneys may +be admitted as solicitors and vice-versa. + +There were twelve common law justices of the Court of the King's +Bench, Court of Common Pleas, and Court of the Exchequer. The +Chief Justices of all of these courts were paid partly from fees +paid to the court. The other Justices of these courts were paid +completely by salary, which in 1759 was well over 500 pounds per +year. These justices were to continue in office even after a king +died and could be removed only for good cause upon the address of +both houses of Parliament. The officers of these courts were +attorneys. There was one justice at Doctors' Commons. The two +chancery justices (since Edward I) were the Lord Chancellor and +the Master of the Rolls. The salary of the eleven masters of the +court of chancery in 1765 was 400 pounds per year. The officers of +this court were solicitors. + +Appeals from the Exchequer could be made to a court of the King's +Bench and Common Pleas combined. Appeals from Common Pleas could +be made to the King's Bench. Decisions of the King's Bench and +other common law courts could be appealed to Parliament. + +The common law courts rode circuit twice a year in five circuits +and once a year in the north circuit. So an accused person could +spend up to a year in gaol waiting for trial. Few prisoners were +granted bail. In each common law court, the law justices in banc +would hear demurrers [contentions that the other party was wrong +in the law]. No one with an interest in a suit, including the +plaintiff and the defendant, could give evidence. There was no +power to amend pleadings, so misspelling of the defendant's name, +for instance, could result in dismissal of the suit. In 1730, the +pleadings and indictments ceased to be in Latin. Compurgation +still existed for debt and detinue. + +Writs of error at variance from the original record or otherwise +defective may be amended to correct the defect by the court where +such writ is returnable. No judgment is to be reversed for any +defect in any bill or writ, excepting an appeal of felony or +murder, or misdemeanor. This is to prevent delays of justice. +Justices of the Peace may correct defects of form on appeals to +them. + +Plaintiffs neglecting to go to trial after an issue has been +joined may be nonsuited. + +The qualification for jury service is having land with an income +over rents of at least 20 pounds, with leases for 500 years or +more, or 99 years, or any term determinable on one or more lives. +Being a freeholder is not necessary. In London, the qualification +is being a householder and having lands to the value of 100 +pounds. No sheriff may excuse a qualified person from jury service +for money or other reward. Selection of jurors for each case is to +be done by some indifferent person pulling their names from a box. +Later, persons refusing jury service could be fined. + +Poor persons may be paid up to 6d. to give evidence against +felons. + +Pirates may not be tried again for the same crime or for a certain +crime and high treason. When the marine force was raised, the +marines were also given protection from double jeopardy. + +In Chancery, a plaintiff filed a complaint and interrogatories +prepared by counsel. Only in Chancery could there be discovery. +The interrogatories were addressed by court officials to witnesses +without the presence of the parties or their lawyers. Officials +wrote down the answers in their own terms. So there was no cross- +examination possible. Most decrees took many years to be made. + +The ordinary administrative court of first instance is that of one +or two Justices of the Peace who issue orders in matters of public +safety, public order, public morals, health, the poor, highways, +water, fields, forests, fisheries, trade, building, fire, begging, +and vagrancy. He examined suspicious persons and issued warrants +for the removal of persons likely to become a public charge. The +Justice of the Peace also regulates wages, servants, apprentices, +and day laborers. In his judicial capacity, he tried all crimes +and felonies except treason, though in practice death penalty +cases were transferred to the assize justices. The Justices of the +Peace of a hundred hold special sessions such as for appointment +of parochial officers, highway disputes, and the grant of wine, +beer, and spirit licenses. The appointment of overseers of the +poor, authorization of parish rates, and reading of the Riot Act +to mobs to disperse them, required more than one of the Justices +of the Peace of the hundred to participate. All the Justices of +the Peace of the county met four times a year at Quarter Sessions +to hear appeals from penal sentences, to determine the county rate +of tax, to appoint treasurers of the county and governors of the +county prison and house of correction, to issue regulations on +prices of provisions and on wages, to settle fees of the county +officials, to grant licenses for powder-mills and other +industries, to hear nuisance complaints such as those against +parishes for failing to keep their roads in repair, to make +regulations for the holding of markets, to hear complaints +concerning local government, and to register dissenting chapels. +In more and more matters specified by statute, the Quarter +Sessions heard appeals from the orders of the individual Justices +of the Peace instead of common law courts hearing them by writ of +certiorari. The writ of certiorari allows administrative decisions +to be reviewed by the common law courts for compliance with law, +competency of the court, and interpretation of the administrative +law. The writ of habeas corpus appealed administrative decisions +to imprison not only after arrest for criminal proceedings, but +any coercive measure for enforcing an administrative order. The +writ of mandamus was available for enforcing the injunctions of +administrative law against towns, corporations, and all other +authorities and private persons, where the ordinary punishments +were insufficient. Justices of the Peace in rural areas were +squires and in towns aldermen. + +In 1747, Justices of the Peace were authorized to decide issues +between masters and mistresses and their employees who were hired +for at least one year. If a servant misbehaved, they could +authorize reduction of wage, discharge, and hard labor at a house +of Correction up to one month. If a servant was not paid, he could +authorize payment of wages up to 10 pounds for an agricultural +servant, and up to 5 pounds for an artificer, handicraftsman, +miner, collier, keelman, pitman, glassman, potter, or ordinary +laborer. Later, tinners and miners were added to the last +category. In 1758, employees of less than a year were included. + +In 1775, Justices of the Peace were authorized to administer any +oath for the purpose of levying penalties. + +To be a Justice of the Peace, one must have income of 100 pounds a +year from a freehold, copyhold, or customary estate that is for +life or for a term of at least 21 years, or be entitled to a +reversion of lands leased for 1 or 2 or 3 lives, or for any term +of years determinable on the death of 1 or 2 or 3 lives. Excepted +were peers, justices, and heads of colleges or vice chancellors at +the universities. The Justices of the Peace were selected by the +superintending Sheriffs and Lords Lieutenant, the latter of whom +were usually peer with a ministers' office or a high court +official. No attorney or solicitor or proctor could be a Justice +of the Peace unless the locality had Justices of the Peace by +charter. + +A request for Certiorari for removal of convictions, judgments, +orders made by Justices of the Peace must be made within six +months and after notice to the Justice of the Peace who may argue +cause against granting certiorari. + +In the common law courts, trespass in ejectment served the +purposes of most of the actions involving land. Assumpsit covered +the whole province of debt, and much more. Trover more than +covered the old province of detinue. Trespass still served for all +cases in which the defendant had been guilty of directly applying +force to the plaintiff's body, goods or chattels. Trespass on the +case covered miscellaneous torts. Replevin was still used. +Covenant remained in use for the enforcement of promises under +seal. Account gradually came under the equity jurisdiction of +Chancery. Common law writs of dower are largely superseded by the +relief given to the doweress in the courts of equity, where new +and valuable rights were given to her and to her personal +representatives against the heir and his representatives. The +actions of indebitatus assumpsit is being extended to actions upon +quasi-contract, in which the element of contract is not required +e.g. quantum meruit, where a contract is implied from the facts of +the case. + +Mercantile law was developed by the common law courts, especially +the King's Bench. + +The king was to appoint the marshal of the King's Bench. The +marshal was to select his inferior officers to hold office as long +as they "behave themselves well within". These offices had been +sold by James I to a certain person, his heirs, and assigns. The +marshal was to keep the prison of this court in good repair from +his fees and profits of office. + +The office of sheriff was now an accessory department of the +common law courts for summons, executions, summoning the jury, and +carrying out the sentence of the law. + +Summons for excise offenses may be left at a person's abode, +workhouse, or shop as well as on his person. + +The coroner's office now investigated unusual deaths with a jury +from the neighborhood elected by county freeholders. + +The last beheading was of a Scottish lord in 1747; he had been +involved in an attempt to restore the Stuarts to the throne. So +many people came that some overcrowded bleachers fell down and +crushed about 20 spectators. Henceforth, every sentence of death +was by hanging, even for peers. + +In 1772, the process of pressing a man to death, if he refused to +plead to an indictment was abolished. In 1772, persons accused or +indicted, in Great Britain or America, of felony or piracy who +stand mute shall be convicted of such charge. Property of a felon +was still forfeited to the crown. + +From 1749 on were established special procedures for speedy +decisions in local courts in some areas for debts or damages under +40s. and imprisonment for such was limited for up to three months. +Otherwise, sentences were longer, and debts grew during the time +in prison. When prisons were overcrowded, Parliament let the +inmates out if they gave up their possessions. They could go to +Georgia. + +In 1763, the homes of John Wilkes and others were searched for a +seditious and treasonous published paper and all related papers +because they had been rumored to have some relationship to the +conception, writing, publication, or distribution of the paper. +Wilkes had such papers and was convicted of libel. He countersued +for damages due to criminal trespass. The court held that general +search warrants were subversive of the liberty of the subject of +the search in violation of the British Constitution, declared the +statute void, and found for Wilkes. The Court of Common Pleas +agreed on appeal and put the burden of proof on the persons +searching to justify the search warrant. His decision gave support +to William Pitt's assertion that "every man's home is his castle". + +There were felons' prisons and debtors' prisons. Sometimes they +were one and the same. There was much fighting among inmates. The +inmates slept on hay if lucky. There were no washing facilities +and little light. Counties or friends paid for their bread. They +were also sold beer, which made them drunk and riotous. The sale +of beer was a recognized and legitimate source of profit to the +keeper. This was remedied by statute of 1760 that no sheriff or +other officer may take an arrested person to a tavern or other +public house or charge him for any wine, beer, ale, victuals, +tobacco or other liquor without his consent and shall allow +prisoners to be brought beer, ale, victuals, bedding, and linen as +the prisoner sees fit. Sheriffs often kept people imprisoned +unless and until they paid all their fees due to the sheriff. In +1772 was founded the Society for the Discharge and Relief of +Persons Imprisoned for Small Debts for those inmates unfortunate +instead of fraudulent or extravagant. Legacies were often made to +debtors. There was much Gaol Distemper fever with fatal +consequences. When John Howard, a grocer who had inherited wealth, +but poor health, became a sheriff, he visited many gaols. When he +saw the squalid conditions there, he advocated hygenic practices. +In 1774, Justices of the Peace were authorized to order walls and +ceilings of gaols to be scraped and washed, ventilators for +supplies of fresh air, a separate room for the sick prisoners, +commodious bathing tubs, provision of clothes for prisoners, +keeping of prisoners not below the ground, and apothecaries at a +stated salary to attend and to report the state of health of +prisoners. + +In 1773, clergymen were employed in gaols to alleviate the +distress of prisoners and to contribute to morality and religion. +Also, no longer may any fees be taken by gaol keepers or sheriffs +because persons not indicted or found not guilty have been kept in +prison pending payment of such fees. Instead, the counties shall +pay to gaol keepers up to 13s.4d. per prisoner so discharged. + +There was much Gaol Distemper fever with fatal consequences, so in +1774, Justices of the Peace were authorized to order walls and +ceilings of gaols to be scraped and washed, ventilators for +supplies of fresh air, a separate room for the sick prisoners, +commodious bathing tubs, provision of clothes for prisoners, +keeping of prisoners not below the ground, and apothecaries at a +stated salary to attend and to report the state of health of +prisoners. + +Colonials acts which infringed upon the English common or +statutory law, or were against the interests of other American +colonies were submitted to the Privy Council, which allowed or +disallowed them. Appeals from the colonial courts came to the +Privy Council. + +Judges in the colonies were appointed by royal governors and paid +by colonial legislatures. They served at the pleasure of the king. +Colonial courts included superior courts of judicature, courts of +assize, general gaol delivery, general sessions of the peace, +inferior court of common pleas, and commissions of Oyer and +Terminer. There were also Justices of the Peace, marshals, +provosts, and attorney generals. There were few cases of vagrancy, +theft, or homicide. This may have been because the people were few +and dependent on each other, and economic opportunities were +great. + +In 1735 John Peter Zenger, printer of the New York Weekly Journal, +was tried for seditious libel for its criticisms and satire of the +New York governor, who exceeded his powers, such as by demanding +that bills from the assembly be presented to him before the +council, and by arbitrarily displacing judges. Seditious libel was +defined as "false, scandalous, and seditious" writings. +Traditionally, this word "false" could mean "disloyal". The +prosecution argued that truth of such criticism was an aggravation +of the crime because it was more provoking of sedition, as found +by Star Chamber cases. The defense argued for a right publically +to remonstrate abuses of power by public officials to guard +against violence and destruction of liberties by men in authority. +The American jurors, who were supposed to be familiar with the +facts pertinent to the case, knew the truth of the paper's +criticisms. They agreed with the defense that the word "false" in +the definition: "false, scandalous, and seditious" writings, to +mean "untrue" instead of "disloyal". So truth became a defense to +seditious libel. Pamphletts describing the Zenger trial and +acquittal were published and republished in London and the +colonies. + +Benefit of clergy was available in the American colonies to all +who could read and write. It could be used in trials for +manslaughter. + + + + + + - - - Chapter 19: Epilogue - - - + +In the time period after 1776, there developed the fuel-saving +kitchen range with closed-in-fire between oven and hot-water tank, +hot and cold running water, the use of flushing toilets, Edmund +Cartwright's power weaving machine, Samuel Crompton's mule for +spinning many threads by waterpower in 1779, James Watt's steam +engine with steam pushing the piston both ways as well as rotary +motion and used in many kinds of factories instead of water power, +Henry Bessimer's inexpensive low carbon steel in 1856, iron and +steel bridges and ships, drilling and use of oil and natural gas +as fuel, Adam Smith's "Wealth of Nations" opining that competition +of the market could distribute resources best, Thomas Paine's +"Rights of Man", free trade, democracy, popular elections, secret +ballots, universal suffrage, civil service without patronage, Mary +Wollstonecraft's "Vindication of the Rights of Women", university +education for women (University of London), policemen (in London +in 1829), clipper ships (the final development of sailing before +steam), percussion caps on guns, Periodic Chart of chemical +elements, college degrees in biology, chemistry, and physics, +geology, Maxwell's theory of electromagnetism, Albert Einstein's +theory of relativity, quantum theory, laws of thermodynamics that +the energy of the universe is a constant amount but entropy always +increases, computers, decoding of the DNA sequence, Charles +Darwin's evolution, Joseph Lister's disinfectant in 1867, Edward +Jenner's smallpox vaccine, Louis Pasteur's germ theory of disease, +anesthetics, aspirin, insulin, penicillin, antibiotics, surgery to +replace body parts, tampon, contraceptive pill, discovery of +planet Uranus by observation and thence of Neptune and Pluto by +calculation from discrepancies in Uranus' orbit, Hubble space +telescope, Big Bang Theory, buses (horse-drawn from 1829 with 18 +passengers), subways, trains (1804), public railway (1825, goods +drawn by engine and passengers by horse), steam ships, steel +ships, aircraft carriers, submarines, tanks, friction matches, +chewing gum, pajamas, gas street lamps, traffic lights and signs, +ambulances, concrete and asphalt highways, census in 1801, +children's playgrounds, knee length dresses, chemical artificial +fertilizers, substitution of steel for iron, trade unions, digital +watches, wrist watches, compact disks, intelligence tests, +personality tests, wool-combing machine, statistical analysis, +Bell curves, standard deviations, United Nations, carpet sweeper, +vacuum cleaner, central heating, apartment high rises, business +skyscrapers, electricity, electric lights, sewing machines, water +closets in richer houses (after 1778), cholera epidemics, sewers +for waste disposal, industrial revolution factories, labor +strikes, cars, tractors, Charles Dickens, ice boxes and +refrigerators, telephones, central heating with radiators, hot +water heaters by gas, gas ovens, humidifiers, canned food, four- +pronged forks, suits of matching jackets and trousers, zippers, +velcro, wall-to-wall carpeting, popular elections, airplanes, +photography, record players, frozen food; cast iron kitchen range +for cooking, baking, and boiling; radio, television, plastics, +submarines, economics, multinational corporations, weather +forecasting, braille, airplanes, space ship to moon, factory +assembly lines, washing machines, dishwashers, sewing machine, +microwave ovens, copier machines, DNA evidence, nuclear bomb and +nuclear energy, guided missiles, quartz watches, bicycles, +artificial insemination and invitro fertilization, investment +advice, retirement planning, amusement parks, catalogue buying, +labor contracts, childrens' summer camps, teenage culture, +synthetic materials, typewriters, cardboard boxes, marketing +studies, factory assembly line, gene-mapping, animal cloning, +internet, hiking and camping trips, world travel vacations, +telegraph, word processing, gas, oil, research, credit cards, +dental floss, camcorders, mass production, nursing homes, cameras, +copy machines, wheelchairs, hospital operations, artificial limbs, +organ transplants, pharmacies, public circulating libraries, +children's playgrounds, cosmetic surgery, physical exercising +equipment, vitamin pills, sports clubs, condominiums, molecules, +chromosomes, observatories, radar, sonar, nutrition, supermarkets, +disability insurance, liability insurance, chemical fertilizers, +DDT, record players, video tape recorders, retirement homes, +movies;, planned obsolescence, box-spring mattresses, brain scans, +x-rays, organized professional sports, dry cleaners, foreign +embassies, psychiatry, veterinarians, drug abuse, wage +garnishment, tractors, lawnmowers, breeding zoos, world wars, +nuclear deterrence, fingerprinting, forensic evidence, toxic +waste, acid rain, elevators, picture windows, sewing machines, +automation, cybernetics, pizza delivery, health insurance, Walt +Disney, satellite transmission, radiocarbon dating, ice cream, air +conditioning, ball point pens, school blackboards, bullets in +1890s, electronic mail, first law of thermodynamics: the +conservation of energy, the second law of thermodynamics: +potential energy turns into high-temperature thermal energy and +finally into low-temperature thermal energy, but these processes +are not reversible. The science of philology, on the meaning and +history of words began the concept of a natural development of +languages which conflicted with the theological view that God had +created all the different languages when he punished man for +trying to build an edifice to heaven by destroying the Tower of +Babel and dispersing the people into all parts of the world with +different languages derived from the original: Hebrew, so that +they could not communicate with each other. The science of geology +developed the concept of tremendous changes in the earth's surface +which altered horizontal layers of deposits, in which there were +fossils, which challenged the biblical notion of a world and all +its animals created in a week. In 1784, Lord Henry Cavendish +proved that the sole result of mixing hydrogen with oxygen was +water, thus disproving the theory of the four elements of air, +earth, fire, and water. In the United States, there was no king, a +separation of the executive, the legislative, and the judicial; a +separation of church and state, and no aristocratic titles. + +In this time period the development of law includes abandonment of +common law crimes such as seditious libel in the United States, +negligence and duty of due care in the United States replacing the +English strict liability for torts, substitution of the caveat +emptor doctrine for the English sound price doctrine in contract +law in the United States, truth as a defense to charge of libel in +the United States, repeal in England of seven year requirement for +apprentices in 1814, married women's property acts beginning 1839: +(1. right to sue and be sued, 2. right to her own earnings, 3. +right to own real and personal property, 4. right to make +contracts 5. right to stay in family homestead with children, +right to custody of children if husband abandons her), divorce in +England by courts in 1857, in United States extension of grounds +for divorce beyond adultery, bigamy, and desertion to cruel +treatment, habitual drunkenness, and conviction of a felony and +finally no-fault divorce, decline of father's paramount claim to +the custody of his minor children in the absence of a strong +showing of misconduct or unfitness, tender years doctrine (in +England in 1839 mother to have custody of child under seven and to +have access over seven) and then best interests of child doctrine +in custody disputes, legal obligation for parents to support their +minor children, adoption about the 1850s; in England allowance of +women attorneys in 1922, women to vote in 1928, adultery by a +husband to be adjudged as culpable as adultery by a wife in 1923, +the rights of a mother over her child to be equal to those of a +father in 1924, and the rights of a woman to property to be the +same as those of a man in 1926; child labor laws, full religious +freedom with admission of nonconformists to the two universities +in England in 1871, probable cause instead of suspicion for search +and seizure, mandamus, rule against perpetuities, mandatory +secondary education, kidnapping, false impersonation, liens, +obscenity, estoppel for detrimental reliance on a promise, unjust +enrichment, pensions, trademarks and unfair competition, +antitrust, privacy, freedom of thought, freedom of speech, freedom +of the press, bankruptcy, civil rights, union organizing laws, +laws on discrimination due to race, sex, ethnic or national +origin, disability, age, and sexual preference; sexual harassment +and stalking laws, product liability, international law, +environmental laws protecting air and water quality, workers +compensation, unemployment compensation, controlled substances, +intellectual property law; and contingency fees only in the United +States, + +In England, there was an end of trial by combat in 1819, of +compurgation in 1833, and of benefit of clergy. In 1820, there +were 160 offences in England with the death penalty, including +stealing from a dwelling house to the value of 40s., stealing from +a shop to a value of 5s., and stealing anything privily from the +person. The penalty for treason was still drawing and quartering. +It was a privilege of the peerage to be immune from any punishment +upon a first conviction of felony. As of 1823, church courts could +no longer decide cases of perjury; as of 1855, no cases of +defamation, but only church matters. Hearsay rules and exceptions +were developed in the 1800s. In 1816, jurors were to have no +knowledge except the evidence accepted at court. In 1837, counsel +for a person indicted for high treason could examine and cross- +examine witnesses. In 1839, a defendant could see the written +record of evidence against him. In 1898, the accused was allowed +to give evidence. Pleaders do not have to specify the form of +action relied on, but rather give facts which give rise to a cause +of action. + +Judicial procedure includes grand juries, which hear evidence, +court transcript by court stenographers, discovery, depositions, +and presumption of innocence (after Salem witch trials in the +United States). The United States changed judicial procedure in +several respects: parties were allowed to testify, writ pleading +was abandoned, and prisons were used for reforming prisoners. +Debtors prisons were abolished. Also, the law was seen not as +divinely inspired eternal law to be found by judges, but law made +by man to suit the times. State judges served for life during good +behavior; they could be removed by the procedure of impeachment. +In some states, judges were elected. There were privileges on +testimony such as attorney-client, priest-confessor, and husband- +wife. + + + + + + - - - Appendix: Sovereigns of England - - - + +Accession - Name - + + 871 Alfred the Great + 899 Edward the Elder son of Alfred + 924 AEthelstan son of Edward the Elder + 939 Edmund son of Edward the Elder + 946 Eadred son of Edward the Elder + 955 Eadwig son of Edmund + 959 Edgar son of Edmund + 975 Edward the Martyr son of Edgar + 978 AEthelred the Unready son of Edgar +1016 Edmund Ironside son of AEthelred the Unready +1016 Canute +1035 Harold I Harefoot son of Canute +1040 Hardicanute son of Canute +1042 Edward the Confessor son of Aethelred the Unready +1066 Harold II +1066 William I, the Conquerer +1087 William II son of William I +1100 Henry I (and Matilda) son of William I +1135 Stephen +1154 Henry II (and Eleanor) grandson of Henry I +1189 Richard I, the Lion-Hearted son of Henry II +1199 John son of Henry II +1216 Henry III son of John +1272 Edward I (and Eleanor) son of Henry III +1307 Edward II son of Edward I +1327 Edward III son of Edward II +1377 Richard II grandson of Edward III +1399 Henry IV +1413 Henry V son of Henry IV +1422 Henry VI son of Henry V +1461 Edward IV +1483 Edward V son of Edward IV +1483 Richard III +1485 Henry VII (and Elizabeth) +1509 Henry VIII son of Henry VII +1547 Edward VI son of Henry VIII +1553 Mary daughter of Henry VIII +1558 Elizabeth I daughter of Henry VIII +1603 James I +1625 Charles I son of James I +1649 Oliver Cromwell +1660 Charles II son of Charles I +1685 James II son of Charles I +1689 William and Mary +1694 William III +1702 Anne granddaughter of James II +1714 George I +1727 George II son of George I +1760 George III son of George II + + + + + + - - - Bibliography - - - + +1. Ancient Laws and Institutes of England, Printed by command of + his late majesty King William IV under the direction of the + Commissioners of the Public Records of the Kingdom, Vol 1; 1840. +2. The Laws of the Kings of England from Edmund to Henry I, A.J. + Robertson, 1925. +3. The Statutes of the Realm +4. Statutes at Large +5. A Treatise of the Lawes of the Forest, John Manwood, 1615 +6. History of English Law; William Holdsworth +7. History of English Law, Pollack and Maitland, 1895 +8. Anglo-Saxon Charters, A. J. Robertson, 1939 +9. Franchises of the City of London, George Norton, 1829 +10. Borough Customs Vol. 1, Selden Society, 1904 +11. Royal Writs in England from the Conquest to Glanvill, Selden + Society, 1959 +12. Lawsuits in time of Wm I, Selden Society +13. Treatise on the laws and customs of the realm of England, + Ranulph D. Glanvill, 1189 +14. Calendar of Wills, Court of Husting, London; Ed. Reginald R. + Sharpe +15. Calendar of Early Mayor's Court Rolls of the City of London, + AD 1298-1307, Ed. A. H. Thomas +16. Legislation of Edward I, T.F.T. Plunkett, 1949 +17. English Historical Documents, Ed. David Douglas +18. Bracton on the Laws and Customs of England, Henry of Bratton, + 1257 +19. Chaucer's World, Edith Richert, 1948 +20. John, King of England, John T. Appleby, 1958 +21. A Collection of Eighteen Rare and Curious Historical Tracts + and Pamphletts, Edinburgh, Priv. Print. +22. Doctor and Student, Christopher St. Germain, 1518 +23. Readings in Western Civilization, George Kuoles, 1954 +24. Social England, Ed.: H.D. Traill, St. John's College, Oxford; + Vol. 1 and 2, 1894. +25. Augustine of Canterbury, Margaret Deanesly, 1964 +26. The Venerable Bede, Ecclesiastical History of the English + Nation +27. Political History of England; T. Hodgkin +28. Alfred the Great, Helm, 1965 +29. Domesday, A Search for the Roots of England, M. Wood, 1988 +30. The English Church 1000-1066; F. Barlow, 1979 +31. Life on the English Manor; H.S. Bennet; 1967 +32. The English Medieval Town; Colin Platt; 1976 +33. London Weavers' Company, Francis Consitt, 1933 +34. The Gild Merchant, Charles Gross, 1890 +35. Life and times of Roger Bacon +36. Oxford Book of Oxford, Jan Morris, 1978 +37. A History of Oxford University, Vivian Green, 1974 +38. Lives of the Lord Chancellors, Campbell, 1880 +39. Gilds and Companies of London, George Unwin, 1966 +40. A History of Technology, Charles Singer, 1954-1978 +41. Edward I, Michael Prestwich, 1988 +42. Franchises of the City of London, George Norton, 1829 +43. The Works of Alfred +44. Salisbury Plain, R. Whitlock, 1955 +45. William the Conqueror, F.M. Stenton, 1967 +46. Life of William the Conqueror, T. Roscoe, 1846 +47. Elizabeth I, Anne Somerset, 1992 +48. Queen Elizabeth, Katherine Anthony, 1929 +49. Industry in England, H.deB. Gibbons, 1897 +50. Henry II, W. L. Warren, 1973 +51. Edward I, L.F. Salzman, 1968 +52. The Yorkist Age, Paul Kendall, 1962 +53. Edward the Confessor, Frank Barlow, 1970 +54. The Livery Companies of the City of London, W. Carew Hazlitt, + 1892 +55. Parliamentary Representation of the City of Coventry, Thomas + Whitley, 1894 +56. The Government of England under Henry I, Judith Green, 1986 +57. Lives of the Queens of England, Agnes Strickland, 1878 +58. The Oldest Version of the Customs of Newcastle, C. Johnson, + 1925 +59. Charter of Henry II to the Burgesses of Newcastle, A. M. + Oliver, 1175 +60. The Charters and Letters Patent Granted by the Kings and + Queens of England to Bristol, Samuel Seyer, 1812 +61. Magna Carta, Legend and Legacy, William Swindler, 1965 +62. Chronicles and Memorials of Great Britain and Ireland During the + Middle Ages: Letters and Papers of Richard III and Henry VII +63. Sons of the Conqueror, G. Slocombe, 1960 +64. The Spirit of the Classical Canon Law, Richard Helmholz, 1996 +65. Open Fields, Charles Orwin, 1938 +66. The Medieval Foundation of England, Arthur Bryant, 1967 +67. From Alfred to Henry III, 871-1272, Christopher Brooks, 1961 +68. The Anglo-Norman Nobility in the Reign of Henry I: The Second + Generation, Charlotte Newman, 1988 +69. The Birth of Britain Vol. 1, Winston S. Churchill, 1956 +70. Medieval London, Gordon Hoime, 1927 +71. A History of London, Stephen Inwood, 1998 +72. Tudor England, John Guy, 1988 +73. Reign of Henry VII, R. Storey, 1968 +74. Elizabethan Life in Town and Country, M. St. Claire Byrne, + 1925 +75. The Elizabethan World, Edited by Norman Kotner, 1967 +76. The Evolution of Modern Medicine, William Osler, 1921 +77. Shakespeare's England, Oxford University Press, 1916 +78. The Lion and The Throne, Catherine Bowen, 1956 +79. Johnson's England, Ed. A.S. Turberville, 1933 +80. Education in Renaissance England, Kenneth Charlton, 1965 +81. The Scholastic Curriculum of Early Seventeenth-Century + Cambridge, William Costello, 1958. +82. English People on the Eve of Colonization 1603-1630, Wallace + Notestein, 1954 +83. Sir Walter Ralegh, Willard Wallace, 1959 +84. Sir Walter Ralegh, Robert Lacey, 1974 +85. Constitutional Documents of the Reign of James I, J.R. Tanner, + 1961 +86. History of the English People, Volumes III and IV, Green 1890 +87. Hume's History of England, Volumes V and VI, David Hume +88. English Society 1580-1680, Keith Wrightson, 1982 +89. The Century of Revolution 1603-1714, Christopher Hill, 1961 +90. Charles I and the Puritan Upheaval, Allen French, 1955 +91. Charles I, Christopher Hibbert, 1968 +92. Constitutional Documents of the Puritan Revolution 1625-1660, + Samuel Gardiner, 1927 +93. Life and Work of the People of England in the 17th Century, + Dorothy Hartley et al, 1929 +94. Home Life under the Stuarts, Elizabeth Godfrey, 1903 +95. Cromwell the Lord Protector, Antonia Fraser, 1973 +96. The Greatness of Oliver Cromwell, Maurice Ashley, 1957 +97. Acts and Ordinances of the Interregnum 1642-1660, C.H.Firth & + R.S.Rait, 1911 +98. History of the English People, John R. Green, 1916. +99. A Social and Industrial History of England, F.W. Tickner, 1929 +100. A History of Everyday Things in England, Marjorie and CHB + Quennell, 1919 +101. The English, Norman F. Cantor, 1967 +102. A Concise Economic History of Britain, John Clapham, 1951 +103. World Book Encyclopedia +104. Encyclopedia Britannica +105. History of the English Constitution, Rudolph Gneist, 1889 +106. The Life of the Law, Alfred Knight, 1996 +107. Norton Anthology of English Literature, Ed. M.H.Abrams, 1962 +108. The Bank of England, John Clapham, 1945 +109. The Honorable Company, A History of the East India Company, + John Keay, 1991 +110. A History of British India, W.W. Hunter, 1966 +111. The Bank of England, John Clapham, 1945 +112. Early Speculative Bubbles and Increase in the Supply of + Money, M.A. thesis, Douglas E. French, 1992 +113. Royal Charles, Antonia Fraser, 1980 +114. Charles II, Ronald Hutton, 1989 +115. The Life and Times of Charles II, Christopher Falkus, 1972 +116. Life in a Noble Household 1641-1700, Gladys Thomson, 1959 +117. The Weaker Vessel, Antonia Fraser, 1984 +118. A Constitutional and Legal History of Medieval England, Bryce + Lyon, 1960 +119. The Laws Respecting Women, J. Johnson, 1777 +120. Mediaeval England, Mary Bateson, 1904 +121. Elizabeth: The Struggle for the Throne, David Starkey, 2001 +122. A Social History of England, Asa Briggs, 1983 +123. The Year 1000, Robert Lacey, 1999 +124. A History of Chemistry, Charles-Albert Reichen, 1963 +125. John Locke, Economist and Social Scientist, Karen Vaughn, + 1980 +126. Becoming Visible, Women in European History, ed. Bridenthal & + Koonz, 1977 +127. Wonder Book of the World's Progress; Inventions and Customs, + Henry Williams, 1935 +128. Industrial Revolution in the Eighteenth Century, Paul + Mantoux, 1961 +129. Eighteenth Century England, Dorothy Marshall, 1962 +130. Georgian England, A.E. Richardson, 1931 +131. The Pageant of Georgian England, Elizabeth Burton, 1967 +132. The Georgian Gentleman, Michael Brander, 1973 +133. England in the Eighteenth Century, J.H. Plumb, 1950 +134. London Life in the Eighteenth Century, M. Dorothy George, + 1925 +135. Law and Jurisprudence in American History, Stephen Presser & + Jamil Zainaldin, 1995 +136. England in the Age of Hogarth, Derek Jarrett, 1974 +137. The First Four Georges, J.H. Plumb, 1956 +138. The Review of American Colonial Legislation by the King in + Council, Elmer Russell, 1915 +139. Select Pleas of the Crown, F.W. Maitland, 1888 +140. Select Pleas in Manorial and Other Seignorial Courts, F.W. + Maitland, 1889 +141. The Forms of Action at Common Law, F.W. Maitland, 1909 +142. Equity, F.W. Maitland +143. The Story of the Declaration of Independence, Ira G. Corn, + Jr., 1977 +144. Internet Medieval Sourcebook +145. Out of the Fiery Furnace video, Robert Raymond +146. A History of Chemistry, Charles Reichen, 1963 +147. Seven Ideas that Shook the Universe, Nathan Spielberg, 1987 +148. A History of the Warfare of Science with Theology in + Christendom, Andrew White, 1955 +149. American Political and Social History, Harold Faulkner, 1941 +150. Essays in Science, Albert Einstein, 1934 +151. The Character of Physical Law, Richard Feynman, 1965 +152. Dictionary of National Biography, George Smith, 1882 +153. Elizabeth I: Collected Works, ed. Leah Marcus et al, 2000 +154. The Crime of Galileo, Giorgio de Santillana, 1955 +155. From Copernicus to Einstein, Hans Reichenbach, 1942 +156. The Horizon Book of the Elizabethan World, Ed. Richard + Ketchum, 1967 +157. Tower of London, Christopher Hibbert, 1971 +158. Tudor Royal Proclamations, Ed. P.L. Hughes & J.F. Larkin, + 1964 +159. Selected Historical essays of F.W.Maitland, Ed. Helen Cam, + 1957 +160. Lloyd's of London, Raymond Flower & Michael Jones, 1974 +161. Weather, Philip Thompson etc., 1965 +162. Constitutional History of England, William Stubbs, 1891 +163. Hillforts of England and Wales, James Dyer, 1981 +164. The Last Two Million Years, Reader's Digest Association, 1973 +165. London: The Civic Spirit, Robert Goldston, 1969 +166. Domestic Life in England, Norah Lofts, 1976 +167. Descartes, Tom Sorell, 1987 +168. Life in the English Country House, Mark Girouard, 1978 +169. Extraordinary Origins of Everyday Things, Charles Panati, + 1987 +170. God's Peace and King's Peace: The Laws of Edward the + Confessor, Bruce O'Brien, 1999 +171. The Bill of Rights, Irving Brant, 1965 +172. Issac Newton, Adventurer in Thought; A. Rupert Hall, 1992 +173. The Life of Issac Newton, Richard S. Westfall, 1993 +174. A History of the Circle, Ernest Zebrowski, 1999 +175. Pelican History of England: + 1. Roman Britain, I.A. Richmond, 1955 + 2. The Beginnings of English Society, Dorothy Whitelock, 1952 + 3. English Society in the Early Middle Ages, Doris Stenton, 1951 + 4. England in the Late Middle Ages, A.R. Myers, 1952 + 5. Tudor England, S.T. Bindoff, 1950 + 6. England in the Seventeenth Century, Maurice Ashley, 1952 + +THE END + + +INDEX + +abbey; abbot, abbess; abduction; accessory; account; administrator; admiralty; +adultery; adverse possession; adulterated; advowson; AEthelbert; AEthelred; +affidavit; agreement; agriculture; Augustine. St.; aids; alderman; ale; +alehouses; Alfred; alienate; aliens; allegiance; alms; amerce; America; +Anabaptist; ancient; Anglo-Saxons; Anglo-Saxon Chronicles; annulment; +apothecaries; apparel laws; appeal; appellate; apprentices; appurtance; +archbishop; architect; Aristotle; Arkwright, Richard; arraign; arson; Arthur; +Articles of Religion; artificer; artisan; assault; assay; assign; assize; +assizes; assumpsit; astrology; at pleasure; atheism; attainder; attaint; +attorneys; babies; bachelor; Bachelor of Arts; back-berend; Bacon, Francis; +Bacon, Roger; bacteriology; bail; bailiff; baker; ballads; Bank of England; +bankruptcy; Baptist; bar; barber; barber-surgeon; bargain and sale; barons; +baron court; barristers; bastard; bath; battery; beadle; beating; Becket; beer; +beggar; benefit of clergy; benevolence; Beowulf; bequeath, bequest; Bible; +bigamy; bill; bill of attainder; bill of exchange; Bill of Rights; billet; +Birmingham; bishops; Black Death; Blackstone, William; blinding; blodwite; +blood-letting; Book of Common Prayer; bordars; borough; Boston; bot; Boyle, +Robert; Bracton, Henry de; brass; brawling; breach; breach of the peace; bread; +Brewster; bribery; brick; bridge; Bristol; brokers; Bullock, case of; burgess; +burglary; burh; burial; burning; butcher; butler; Calais; Calvin; Cambridge +University; canals; cannon; capitalism; carbon dioxide; carpenter; carriages; +carucage; carver; castle; castle-guard; cathedral; Catholics; cattle; cavaliers; +Cecil, William; censorship; ceorl; certiorari; challenge; champerty; chancellor; +chancery; Chancery Court; charter; chattel; Chaucer, Geoffrey; chemistry; +chevage; Chief Justice; Chief Justiciars; child; child abuse; children; +childwyte; Christian; chivalry; Christmas; church; Church of England; church +sanctuary; Cicero; circuit; citizen; city; civil; civil courts; civil war; +claim; clans; class; clergy; clerics; cloth-maker; coaches; coal; coffee houses; +coin; Coke, Edward; College of Physicians and Surgeons; colonies; commission; +common land; common law; Commons, House of; Commonwealth; compurgation; +compurgator; confession; Congregationalists; Conqueror; consideration; +constable; constitution; contract; conventile; conveyance; conviction; cooper; +Copernicus; copper; copyhold; copyrights; cordwainer; Coronation Charter; +coroner; corporation; corruption of the blood; council; counterfeit; county; +county courts; courtesy; Court of Common Pleas; Court of High Commission; Court +of King's Bench; courtesy; court martial; covenant; coverture; Coventry; craft; +craft guild; Cranmer, Thomas; creditor; crime; criminal; Cromwell, Oliver; +Cromwell, Thomas; crown; cupbearer; curfew; currier; custody; customary tenant; +customs; damages; danegeld; Danes; darrein presentment; daughter; death; death +penalty; debt, debtors; deceased; decree; deed; deer; defamation; defendant; +demesne; denizen; deodand; descendant; Descartes, Renee; desertion; detinue; +devise; dispensary; disseisin; dissenter; distraint; distress; divorce; +doctorate; dog; Doomsday Book; doublet; dower; dowery; Drake, Francis; drover; +drunkenness; duel; during good behavior; duties; dwelling; dyers; earl; East +India Company; Easter; ecclesiastic; Edith; education; Eleanor, wife of Edward +I; Eleanor, wife of Henry II; election; electricity; Elizabeth, wife of Henry +VII; embroiderer; enclosure; English; engrose; Episcopal Church; equity; equity +court; Erasmus; escape from gaol; escheat, escheator; escuage; esquire; +established church; estate; estate administration; estate tail; Exchequer; +excommunication; excise tax; executor; export; extent; eyre; factory; fair; +father; fealty; fee; fee simple; fee tail; felony; feme covert; feme sole; +feoff; feudal; feudal tenures; fihtwite; fine; fire; fire-fighters; fishermen, +fishmonger; flint; flogging; flying shuttle; folkmoot; food riots; footmen; +forced loans; forced marriage; forestall; Forest Charter; forestall; forests; +forfeit; forgery; forms of action; fornication; fortifications; foster-lean; +France; frank-almoin; Franklin, Benjamin; frankpledge; fraternity; fraud; +freedom of speech; freehold, freeholder; freeman; freemason; freewoman; friar; +frith guild; fuller; fustian; fyrd; fyrdwite; gage; Galilei, Galileo; gambling; +games; gaols; Gaol Distemper; Gawaine; gentleman; gentry; geology; Georgia; +German, Christopher St., gift; Gilbert, William; guildhall; guilds; gin; +Glanvill; glass; Glorious Revolution; gloves; God; godfather; gold; Goldsmiths; +Good Parliament; goods; government; grain; grammar schools; grand assize; grand +jury; Grand Tour; grants; grave; gravitation; Greek; Gresham, Thomas; +grithbrice; guardian, guardianship; Guenevere; hair; hall; Halley, Edmond; +hamsocne; hand-habbende; harboring; Harrington, James; Harvard College; health; +heir; heresy; heriot; hidage; hide; High Commission Court; Hilda; hillforts; +Hobbes, Thomas; holidays, holydays; homage; homicide; Hooke, Robert; horse; +horse racing; hospitals; house-breaking; house-holder; House of Commons; House +of Lords; houses; houses of correction; hue and cry; humanism, humors; hundred +rolls; Huygens, Christian; hundred; hundred courts; hunt; husband; hustings +court; hut; illegitimacy; illness; illuminators; impeach; import; imprisonment; +incest; income tax; Independents; indenture; indictment; industry; infangthef; +inflation; inheritance; innkeeper; Inns of Court; inoculation; inquest; +insurance; interest; interrogatory; intestate; iron; itinerant; jail; Jesus; +Jews; Joan of Arc; joint tenants; joint-stock companies; jointure; Jones, +Indigo; journeyman; judge; jurisdiction; jurors; jury; justice; justices in +eyre; justices of assize; Justices of the Peace; justiciar; Kent county; Keplar, +Johannes; kill; kin, kindred; king; King Alfred the Great; King Charles I; King +Charles II; King Edward I; King Edward the Confessor; King George III; King +Henry I; King Henry II; King Henry VII; King Henry VIII; King James I; King +James II; King John; King Richard the Lion-Hearted; King William and Mary; King +William I, The Conqueror; king's peace; knight; knight's fee; knights' guild; +knitting; laborer; ladies; land; landlord; land-owner; larceny; lastage; Latin; +law merchant; lawsuit; lawyer; Laxton; lay; leap year; lease; leather; leet +court; legacy; legislation; legitimacy; Leicester; letters; libel; Liberi +Quadripartitus; library; license; life; life-estate; lighthouse; limb; linen; +Lion of Justice; literacy; literature; Littleton, Thomas; livery; Lloyds; Locke, +John; London; Long Parliament; longitude; lord; Lords, House of; loriner; +lottery; loyalty; machine; magistrates; Magna Carta; magnate; maiden; mail; +majic; malicious prosecution; maintenance; Manchester; manor; manor courts; +manufacturing; manumission; Marco Polo; market; marriage; marriage agreement; +marriage portion; marshall; marquise; Massachusetts; Master of Arts; masters; +Matilda; Mayflower; mayor; Maypole; mead; measures; meat; medicine; melee; +member; merchandise; merchant; merchant adventurers; merchant guilds; merchet; +Merciless Parliament; mercy; Merton; mesne; Methodists; microscope; Middlesex; +midwives; military service; militia; miller; minister; minor; minstrels; +miskenning; moat; Model Parliament; monarchy; monasteries; money; moneyer; +monks; monopoly; moot; More, Thomas; morgen-gift; morning gift; mort d'ancestor; +mortgage; mortmain; mother; murder; mutilation; Napier, John; navy; Newcastle- +on-Tyne; New England; New Model Army; newspapers; Newton, Issac; New World; +nobility; noblemen, nobles; nonconformists; Normans; novel disseisin; nuisance; +nun; Oakham, William; oaths; offender; oil; one hundred year war; open field +system; ordeal; ordinance; orphans; outlaw; Oxford University; oxygen; papists; +parent; parishes; Parliament; Parliament of Saints; partition; party; Pascal, +Blaise; passport; patents; pauper; pawn; Peasant's Revolt; peers; peine forte et +dure; penalty; penitentiary; Penn, William; Pennsylvania; penny; per stirpes; +perjury; personal injury; personal property; petit serjeanty; petition; Petition +of Right; physicians; Piers Plowman; pigherds; pilgrim; pillory; pipe rolls; +piracy; pirate; plague; plaintiff; Plato; plays; pleading; pleas; police; +pontage; poor; pope; popery; population; port; portreeve; portsoken ward; posse; +possess; postal system; post mortem; pottery; praecipe in capite; pressing; +Presbyterians; prescription; presentment; priest; printing; prison; Privy +Council; privy seal; probable cause; probate; proclamation; promise under seal; +promissory note; property; prosecutor; prostitutes; protectorate; Protestants; +Puritans; purveyance; putting out system; Quakers; quaranteen, quarter sessions; +queen; Queen Elizabeth I; Queen Mary; Queen's Bench; quo warranto; rack; Ralegh, +Walter; rape; Ray, John; real action; recognition; reeve; reformation; regrate; +release; relief; religion; remainder; renaissance; rent; replevin; residence; +Restoration; reversion; revolt; reward; rights; riot; riot act; roads; robbery; +Robin Hood; Roman law; Root and Branch Petition; roundheads; royal court; Royal +Navy; Royal Society; royalists; Rump Parliament; Russia; sacrament; sacrifice; +sailor; sake and soke; sale; salt; saltworks; sanctuary; Sandwich; Saxon; +scaetts; scavage; scholar; school; science; scolds; scot; scrofula; scutage; +seal; seamen; searchers; search warrant; sedition, seditious; seisin; self- +defense; self-help; Separatists; serf; serjeanty; servant; service; servitude; +settlement; sewer; Shakespeare, William; shaving; sheep; Shelley's case; +sheriff; sheriff's turn; shillings; ships; shipwreck; shire; shire courts; +shire-gemot; shoemaker; Short Parliament; shrine; sickness; silver; Slade's +case; slander; slave; slingshot; smallpox; smith; Smithfield; socage; sokemen; +soldiers; solicitor; son; Spanish Armada; speedy pursuit; spinning; spinning +jenny; spinning wheel; spinsters; spouse; St. Augustine; St. Germain; St. +Lazarus; St. Paul's Church; statute of laborers; squire; staple; Star Chamber +Court; strangers; steam; steel; stengesdint; steward; stock-and-land lease; +stocking-frame knitters; stocks; stolen goods; stone; Stonehenge; straw; +streets; subtenants; successor; sue; suit; summary; summon; Sunday; Supporters +of the Bill of Rights Society; surety; surgery; surname; swearing; swords; tale; +tallage; tanner; tavern; tax; tea; team; Ten Commandments; tenancies; tenancy, +tenant; tenants in common; tenement; tenure; term; testament; Thames, River; +theft; thegn; Theodore; theology; theow; thermometer; Thirty Years' War; tile; +tiler; tin; title; tolls; tories; tort; torture; tournament; Tower Hill; Tower +of London; town; town-reeve; trades, tradesmen; transportation; treason, high +and petit; treasure trove; treasury; trespass; trespass on the case; trial by +combat (battle); trover; turnpike; twelve; tyne; umbrella, Unitarians; +university; usury; use-trust; vagrants, vagrancy; vassal; verderer; verdict; +vessels; vikings; vill; villages; villeinage; villeins; vintner; Virginia; wall; +Wallis, John; War of the Roses; ward, wardship; wardmoot; wardrobe; warrantor, +warranty; waste; water; watermen; watermill; waterwheel; Watt, James; wealthy; +weapon; weaving, weavers; webs; wed; wedding; weights; weir; well; wer, wergeld; +Wesley, John; Westminster; whigs; whipping; White Tower; Whitsuntide; widows; +wife; wife-beating; wills; Winchester; wind mills; window tax; wine; witch; +witchcraft; wite; witen; witenagemot; witnesses; wives; Wolsey, Thomas; Wyclif, +John; woman-covert; women; wool; wounding; writs; writs of assistance; writs of +error; Year Books; yeomanry, yeomen + + + + + + + + + + +End of Project Gutenberg's Our Legal Heritage, 4th Ed., by S. 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