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.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 11 / 66 段