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.