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

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 16 / 66 段