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.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 21 / 66 段