4. If a servant in the trade makes away with his master's

chattels to the value of 12d., the wardens shall make good

the loss; and if the servant refuses to be judged by the

wardens, he shall be taken before the mayor and aldermen.

5. No one may sell his goods by candle-light.

6. Any false work found shall be taken before the mayor and

aldermen by the wardens.

7. All things touching the trade within the city between those who

are not freemen shall be forfeited.

8. Journeymen shall be paid their present rate of wages.

9. Persons who entice away journeymen glovers to make gloves in

their own houses shall be brought before the mayor and aldermen.

10. Any one of the trade who refuses to obey these regulations

shall be brought before the mayor and aldermen.

Cordwainers [workers in soft cordovan leather from Spain,

especially shoes] of good repute petitioned the city of London in

1375 for ordinances on their trade as follows:

"To the mayor and aldermen of the city of London pray the good

folks of the trade of cordwainers of the same city, that it may

please you to grant unto them the articles that follow, for the

profit of the common people; that so, what is good and right may

be done unto all manner of folks, for saving the honor of the city

and lawfully governing the said trade.

In the first place - that if any one of the trade shall sell to

any person shoes of bazen [sheep-skin tanned in oak or larch-bark]

as being cordwain, or of calf-leather for ox-leather, in deceit of

the common people, and to the scandal of the trade, he shall pay

to the Chamber of the Guildhall, the first time that he shall be

convicted thereof, forty pence; the second time, 7s. half a mark;

and the third time the same, and further, at the discretion of the

mayor and aldermen.

Also - that no one of the trade shall keep house within the

franchise if he be not free [invested with the rights or

privileges] of the city and one knowing his trade, and that no one

shall be admitted to the freedom without the presence of the

wardens of the trade bearing witness to his standing, on the pain

aforesaid.

Also - if any one of the trade shall be found offending touching

the trade, or rebellious against the wardens thereof, such person

shall not make complaint to any one of another trade, by reason of

the discord or dissension that may have arisen between them; but

he shall be ruled by the good folks of his own trade. And if he

shall differ from them as acting against right, then let the

offense be adjudged upon before the mayor and aldermen; and if he

be found rebellious against the ordinance, let him pay to the

Chamber the sum above mentioned.

Also - that no one of the trade shall entice or purloin the

servant of another from the service of his master by paying him

more than is ordained by the trade, on the pain aforesaid.

Also - that no one shall carry out of his house any wares

connected with his trade for sale in market or elsewhere except

only at a certain place situated between Soperesland and the

Conduit; and that at a certain time of the day, that is to say,

between prime [the first hour of the day] and noon. And that no

shoes shall exceed the measure of seven inches, so that the wares

may be surveyed by the good folks of the trade, because of the

deceit upon the common people that might ensue and the scandal of

the trade, on the pain aforesaid.

Also - that no one shall expose his wares openly for sale in

market on Sundays at any place, but only within his own dwelling

to serve the common people, on the pain aforesaid.

Also - that if any one sells old shoes, he shall not mix new shoes

among the old in deceit of the common people and to the scandal of

the trade, on the pain aforesaid."

Smithfield was a field outside the city gates at which horses were

sold and raced. In 1372, the horsedealers and drovers petitioned

for a tax on animals sold there to pay for cleaning the field. The

city ordinance reads as follows: "On Wednesday next after the

Feast of St. Margaret the Virgin came reputable men, the

horsedealers and drovers, and delivered unto the mayor and

aldermen a certain petition in these words: 'To the mayor,

recorder, and aldermen show the dealers of Smithfield, that is to

say, the coursers and drovers, that for the amendment of the said

field they have granted and assented among them that for the term

of three years next ensuing after the date of this petition for

every horse sold in the said field there shall be paid one penny,

for every ox and cow one half-penny, for every eight sheep one

penny, and for every swine one penny by the seller and the same by

the purchaser who buys the same for resale.` Afterwards, on the

eleventh day of August in the same year, Adam Fernham, keeper of

the gaol at Newgate, Hugh, Averelle, bailiff of Smithfield, and

William Godhewe, weaver, were chosen and sworn faithfully to

collect and receive the said pennies in form aforesaid and to

clean the field of Smithfield from time to time during such term

of three years when necessary."

Many London houses were being made from stone and timber and even

brick and timber, instead of just timber and mud. However,

chimneys were still a luxury of the rich. They were made of stone,

tile, or plaster. There were windows of glass and a guild of

glaziers was chartered by the King. A typical merchant's house had

a cellar; a ground floor with a shop and storage space; a first

floor with a parlor to receive guests, a spacious hall for dining,

and perhaps a kitchen; and at the top, a large family bedroom and

a servant's room. Many single-roomed houses added a second-floor

room for sleeping, which was approached by a wooden or stone

staircase from the outside. Their goods were displayed on a booth

outside the door of the house or hung in the windows. They were

stored at night in the cellar. Over the booths swung huge signs,

which had to be nine feet above street level to allow a man on

horseback to ride underneath. There were no sidewalks. Street

repair work for wages was supervised by a stone master. The

streets sloped down from the middle so that the filth of the

streets would run down the sides of the road. There were many wood

chips in the streets due to cutting up of firewood before taking

it indoors. People often threw the rubbish from their houses onto

the street although they were supposed to cart it outside the city

walls and to clean the frontage of their houses once a week.

Dustmen scavenged through the rubbish on the streets. Pigs and

geese were not longer allowed to run at large in the streets, but

had to be fed at home. There were other city rules on building,

public order, the use of fountains, precautions against fire,

trading rights in various districts, closing time of taverns, and

when refuse could be thrown into the streets, e.g. nighttime.

Aldermen were constantly making rounds to test measures and

weights, wine cups, the height of tavern signs, and the mesh of

the fishing nets, which had to be at least two inches wide. They

saw that the taverns were shut when curfew was rung and arrested

anyone on the street after curfew who had a weapon, for no one

with a sword was allowed on the streets unless he was some great

lord or other substantial person of good reputation. Wards

provided citizens to guard the gates in their respective

neighborhood and keep its key.

The city was so dense that nuisance was a common action brought in

court, for instance, vegetable vendors near a church obstructing

passageway on the street or plumbers melting their solder with a

lower than usual shaft of the furnace so smoke was inhaled by

people nearby.

Crime in London was rare. Murder, burglary, highway robbery, and

gross theft were punishable by hanging. Forgery, fraud, was

punishable by the placement in the pillory or stocks or by

imprisonment. Perjury was punished by confession from a high stool

for the first offense, and the pillory for the second. Slander and

telling lies were punished by the pillory and wearing a whetstone

around one's neck. There was an ordinance passed against

prostitutes in 1351. London as well as other port towns had not

only prostitutes, but syphillus.

Prominent Londoners sought to elevate their social position by

having their family marry into rural landholders of position. For

poor boys with talent, the main routes for advancement were the

church, the law, and positions in great households.

Many master freemasons, who carved freestone or finely grained

sandstone and limestone artistically with mallet and chisel, left

the country for better wages after their wages were fixed by

statute. The curvilinear gothic style of architecture was replaced

by the perpendicular style, which was simpler and cheaper to

build. Church steeples now had clocks on them with dials and hands

to supplement the church bell ringing on the hour. Alabaster was

often used for sepulchral monuments instead of metal or stone.

With it, closer portraiture could be achieved.

In the 1300s and 1400s the London population suffered from

tuberculosis, typhus, influenza, leprosy, dysentery, smallpox,

diphtheria, measles, heart disease, fevers, coughs, cramps,

catarrhs and cataracts, scabs, boils, tumors, and "burning agues".

There were also many deaths by fires, burning by candles near

straw beds when drunk, falling downstairs when drunk, and drowning

in the river or wells. Children were often crushed by carts,

trampled by horses, or mauled by pigs. Towns recognized surgery as

a livelihood subject to admission and oath to serve the social

good. Master surgeons were admitted to practice in 1369 in London

in full husting before the mayor and the aldermen and swore to:

faithfully serve the people in undertaking their cures, take

reasonably from them, faithfully follow their calling, present to

the said mayor and aldermen the defaults of others undertaking, so

often as should be necessary; to be ready, at all times when they

should be warned, to attend the maimed or wounded and others, to

give truthful information to the officers of the city as to such

maimed, wounded, or others whether they be in peril of death or

not, and to faithfully do all other things touching their calling.

Some young girls of good families were boarded at nunneries to be

taught there. Some upper class widows retired there. Only women

were allowed to be present at a birth, at which they spread the

knowledge of midwifery. As usual, many women died giving birth.

Various ways to prevent pregnancy were tried. It was believed that

a baby grew from a seed of the father planted in the woman's body.

Infant mortality was especially high in boroughs and burgess

family lines usually died out. A three-generation family span was

exceptional in the towns, despite family wealth.

Children's sweets included gingerbread and peppermint drops. After

the plague, gentlemen no longer had their children learn to speak

Norman. The grammar schools taught in English instead of Norman as

of 1362. Bishops began to preach in English. English became the

official language of Parliament, in 1363, and the courts,

replacing Norman and Latin.

A will in 1389 in which a wealthy citizen arranges for one son to

become a attorney and the other a merchant: "Will of William de

Tonge, citizen of London: One hundred marks [1,333s.] each to my

two sons. And I will that my said two sons shall live upon the

profits of the money bequeathed to them above until the age of

twenty years. And if my said two sons be well learned in grammar

and adorned with good manners, which shall be known at the end of

twenty years, and the elder son wish to practice common law, and

if it is known that he would spend his time well in that faculty,

I will that over and above the profit of the said one hundred

marks he shall have yearly from my rents for the term of seven

years five marks [67s.]. And if he should waste his time

aforesaid, or if he should marry foolishly and unsuitably, I will

that he receive nothing more of the said five marks.

And if younger son wishes to attend the University of Oxford or to

establish himself well in the mystery of a merchant after the age

of twenty years, and [if] there be knowledge of his praiseworthy

progress in his faculty or his carefulness in trading ... I will

that he shall receive five marks yearly in the manner described

above for his maintenance, over and above the profit of the said

one hundred marks to him bequeathed, for the space of seven years;

and if he behave himself otherwise, I will that thereupon he be

excluded from the said five marks. And in case the said bequest of

200 marks [2,667s.] to him and his brother shall be annulled so

that he shall have nothing therefrom ... then the said 200 marks

shall be spent upon all the yearly chaplains who can be had to

celebrate divine service in the church of All Hallows for my

soul."

England was still an agricultural rather than a manufacturing

country. Imported were cloth, silks, linen, velvets, furs, glass,

wines, candles, millstones, amber, iron, and mercury. Exported

were wool, leather, lead, tin, and alabaster for sculpturing.

Merchant adventurers came to manufacture cloth good enough for

export and began to buy up raw wool in such quantity that its

export declined. They took their cloth abroad to sell, personally

or by agents.

An Oxford theologian and preacher, John Wyclif, voiced the popular

resentment of the materialism of the church, benefit of clergy,

immorality of priests, and the selling of indulgences and pardons.

Encouraged by the king, he argued against the supremacy of the

papal law over the King's courts and against payments to the

papacy. He opined that the church had no power to excommunicate.

The friars had become mere beggars and the church was still

wealthy. He proposed that all goods should be held in common by

the righteous and that the church should hold no property but be

entirely spiritual. He believed that people should rely on their

individual consciences. He thought that the Bible should be

available to people who could read English so that the people

could have a direct access to God without priests or the pope.

Towards this end, he translated it from Latin into English in

1384. His preachers spread his views throughout the country. The

church then possessed about one-third of the land of the nation.

William of Ockham, an Englishman educated at Oxford and teaching

theology in Paris, taught that the primary form of knowledge came

from experience gained through the senses and that God might cause

a person to think that he has intuitive knowledge of an existent

object when there is in fact no such object.

Most great lords were literate. Many stories described good men,

who set an example to be followed, and bad men, whose habits were

to be avoided. Stories were written about pilgrimage vacations of

ordinary people to religious sites in England. Will Langland's

poem "The Vision of William Concerning Piers Plowman" portrays a

pilgrimage of common people to the shrine of Truth led by a

virtuous laborer. Mystics wrote practical advice with

transcendental teaching, for instance "Scale of Perfection"

attributed to Walter Hilton and "Cloud of Unknowing". Richard

Rolle wrote about spiritual matters, probably the "Prick of

Conscience". Richard de Bury wrote "Philobiblon" about book

lovers. Jean Froissart wrote the "Chronicles" on knights. Courtly

ideals were expressed in "Sir Gawaine and the Grene Knyght",

wherein the adventures of the hero, an Arthur knight, are

allegorical in the struggle against the world, the flesh, and the

devil (1370). "Pearl" eulogized all that is pure and innocent on

the event of the death of a two year old child.

Geoffrey Chaucer was a squire and diplomat of the king. His "Tales

of the Canterbury Pilgrims" portrayed characters of every social

class, including the knight with his squire, abbot, prioress, nun,

priest, monk, friar, poor parson of the country, summoner (who

enforced the jurisdiction and levied the dues of the church

courts), pardoner (sold pardons from the pope), scholar, attorney,

doctor, merchant, sailor, franklin, yeoman, haberdasher, tapestry-

maker, ploughman, cook, weaver, dyer, upholsterer, miller, reeve,

carpenter.

There were Chaucer stories about a beautiful and virtuous wife

disliked by her mother-in-law, the difficulty of marriage between

people of different religions, the hatred of a poor person by his

brother and his neighbor, rich merchants who visited other

kingdoms, the importance of a man himself following the rules he

sets for other people's behavior, the spite of a man for a woman

who rejected him, the relative lack of enthusiasm of a wife for

sex as compared to her husband, a mother giving up her own comfort

for that of her child, the revenge killing of a murderer by the

dead man's friends, the joy of seeing a loved one after years of

separation, that life is more sad than happy, that lost money can

be retrieved, but time lost is lost forever.

Other stories in the Canterbury Tales were about two men who did

not remain friends after they fell in love with the same woman,

about a child who preferred to learn from an older child than from

his school-teacher, about a wife who convinced her husband not to

avenge her beating for the sake of peace, about a man who woke up

from bad dreams full of fear, about a man wanting to marry a

beautiful woman but later realizing a plain wife would not be

pursued by other men, about a man who drank so much wine that he

lost his mental and physical powers, about a woman who married for

money instead of love, about a man who said something in

frustration which he didn't mean, about a person brought up in

poverty who endured adversity better than one brought up in

wealth, about a wife who was loving and wise, about a good

marriage being more valuable than money, about a virgin who

committed suicide rather than be raped, about a wife persuaded to

adultery by a man who said he would otherwise kill himself, about

three men who found a pile of gold and murdered each other to take

it all, about an angry man who wanted to kill, about a malicious

man who had joy in seeing other men in trouble and misfortune,

about a man whose face turned red in shame, about a wife expecting

to have half of what her husband owned. Paper supplemented

parchment, so there were more books.

Political songs and poems were written about the evil times of

King Edward II, the military triumphs of King Edward III, and the

complaints of the poor against their oppressors, such as "Song of

the Husbandman". John Gower wrote moralizing poems on the

villein's revolt, the sins of the clergy and attorneys, and the

bad rule of King Richard II, who in 1377 succeeded Edward III.

Robin Hood ballads were popular. The minstrel, who was a honorable

person, replaced the troubadour of older times.

There were many colleges at Oxford and Cambridge due to the

prohibition of gifts to the church. Laymen instead of

ecclesiastics were appointed as Chancellor. The Masters at Oxford

got rid of ecclesiastical supervision by a bishop and archdeacon

by 1368. One could be admitted as a student at age thirteen. The

rate of maintenance for a student was 10d. weekly.

A Bachelor of Arts degree was granted after four years of study

and an oral exam. Required reading in 1340 for the Bachelor's

Degree was the new logic of Aristotle ("Prior and Posterior

Analytics" e.g. on syllogistic logic and deduction, the "Topics",

or the "Sophistical Refutations", e.g. logical fallacies such as

from 'All A are B' to 'All B are A'), and a selection from these

Aristotle works on physics: "Of Heaven and Earth", "On the Soul",

"Of meteors", "Of Birth and Decay", or "Of Feeling and What is

Felt" with "Of Memory and Recollection" and "Of Sleep and Waking",

or "Of the Movement of Animals" with "Of Minor Points in Natural

History".

A Master of Arts degree could be awarded after three more years of

study and teaching. A Doctorate degrees in theology required ten

more years of study. A Doctorate in civil or canon law required

eight more years. A man with a degree in canon law who wanted to

practice in a certain bishop's court had to first satisfy this

bishop of his competence.

Another source of legal learning was in London, where the guilds

gave rise to the Inns of Court. They used the Register of Writs,

the case law of the Year Books, and disputation to teach their

students.

For a doctorate in medicine from Oxford or Cambridge, five more

years plus two years of practice were required. Surgery was not

taught because it was considered manual labor, and there was some

feeling that it was a sacrilege and dishonorable. Urinalysis and

pulse beat were used for diagnosis. Epilepsy and apoplexy were

understood as spasms inside the head. It was known what substances

served as laxatives and diuretics. Teeth were extracted, eye

cataracts were removed with a silver needle, and skin from the arm

was grafted onto a mutilated face.

Englishmen who had collected books on philosophy, medicine,

astronomy, and history and literature books from the continent

gave their collections to the universities, which started their

libraries. Marco Polo's discoveries on his journey to China were

known.

The requirements of elementary and higher studies were adjusted in

1393 and began the public school system. William of Wykeham's

school, St. Mary College of Winchester in Oxford was the

prototype. The curriculum was civil law, canon law, medicine, with

astronomical instruments that students made, theology, and the

arts. The arts textbooks were still grammar, logic, Donatus, and

Aristotle. Many laymen were literate, for instance country gentry,

merchants, and craftsmen. Laymen instead of clerics were now

appointed to the great offices of state.

Parliament met about twice a year and lasted from two weeks to

several months. There was a well-defined group of about fifty

barons and a few spiritual peers who were always summoned to

Parliament and who composed a House of Lords. "Peer" now meant a

member of the House of Lords. All peers had the right to approach

the king with advice. The baron peers reasoned that the custom of

regular attendance was a right that should be inherited by the

eldest son, or by a female heir, if there were no male heirs.

However, the theory of nobility by blood as conveying political

privilege had no legal recognition. No female could attend

Parliament; the husband of a baronness attended Parliament in her

stead. Edward III and Richard II created new peers with various

titles of dignity, such as duke and marquess, which were above

barons and earls. The dukes and marquesses were identified with a

territorial designation such as an English county or county town.

Whenever a Parliament was assembled the commons were present. The

commons was composed of representatives from 100 boroughs and 37

counties. Each new Parliament required an election of

representatives. The members of the commons were generally the

most prominent and powerful economic and political figures of the

county and were repeatedly re-elected. The electors were usually

influenced by the sheriff or a powerful lord who suggested

suitable men. The wealthy merchants typically represented the

boroughs and paid much of the taxes. Under Edward III, the commons

took a leading part in the granting of taxes and the presentation

of petitions and became a permanent and distinct body, the House

of Commons, with a spokesman or "speaker", chosen by the Crown,

and a clerk. The speaker came to be an intermediary between the

Commons and the king and between the Commons and the Lords. A

clerk of Parliament registered its acts and sat with the Lords. A

clerk of the Crown superintended the issue of writs and the

receipt of the returns and attested the signature of the king on

statutes. It became a regular practice for the Chancellor to open

Parliament with an opportunity to present petitions after his

opening speech. The king then referred them to certain peers and

justices, who decided to which court, or Parliament, they should

be sent. During the 1300s, the number of barons going to

Parliament gradually decreased.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 25 / 66 段