In schools, there was a renaissance of learning from original

sources of knowledge written in Greek and rebirth of the Greek

pursuit of the truth and scientific spirit of inquiry. There was a

striking increase in the number of schools founded by wealthy

merchants or town guilds. Every cathedral, monastery, and college

had a grammar school. Merchants tended to send their sons to

private boarding schools, instead of having them tutored at home

as did the nobility. Well-to-do parents still sent sons to live in

the house of some noble to serve them as pages in return for being

educated with the noble's son by the household priest. They often

wore their master's coat of arms and became their squires as part

of their knightly education. Sometimes girls were sent to live in

another house to take advantage to receive education from a tutor

there under the supervision of the lady of the house. Every man,

free or villein, could send his sons and daughters to school. In

every village, there were some who could read and write.

In 1428, Lincoln's Inn required barristers normally resident in

London and the county of Middlesex to remain in residence and pay

commons during the periods between sessions of court and during

vacations, so that the formal education of students would be

continuous. In 1442, a similar requirement was extended to all

members.

The book "Sir Gawain and the Green Knight" was written about an

incident in the court of King Arthur and Queen Guenevere in which

a green knight challenges Arthur's knights to live up to their

reputation for valor and awesome deeds. The knight Gawain answers

the challenge, but is shown that he could be false and cowardly

when death seemed to be imminent. Thereafter, he wears a green

girdle around his waist to remind him not to be proud.

Other literature read included "London Lickpenny", a satire on

London and its expensive services and products, "Fall of Princes"

by John Lydgate, social history by Thomas Hoccleve, "The Cuckoo

and the Nightengale", and "The Flower and Leaf" on morality as

secular common sense. King James I of Scotland wrote a book about

how he fell in love. Chaucer, Cicero, Ovid, and Aesops's Fables

were widely read. Malory's new version of the Arthurian stories

was popular. Margery Kempe wrote the first true autobiography. She

was a woman who had a normal married life with children, but one

day had visions and voices which led her to leave her husband to

take up a life of wandering and praying in holy possession. There

were religious folk ballads such as "The Cherry Tree Carol", about

the command of Jesus from Mary's womb for a cherry tree to bend

down so that Mary could have some cherries from it. The common

people developed ballads, e.g. about their love of the forest,

their wish to hunt, and their hatred of the forest laws.

About 30% of Londoners could read English. Books were bought in

London in such quantities by 1403 that the craft organizations of

text-letter writers, illuminators, book-binders, and book sellers

was sanctioned by ordinance. "Unto the honorable lords, and wise,

the mayor and aldermen of the city of London, pray very humbly all

the good folks, freemen of the said city, of the trades of writers

of text-letter, limners [illuminator of books], and other folks of

London who are wont to bind and to sell books, that it may please

your great sagenesses to grant unto them that they may elect

yearly two reputable men, the one a limner, the other a text-

writer, to be wardens of the said trades, and that the names of

the wardens so elected may be presented each year before the mayor

for the time being, and they be there sworn well and diligently to

oversee that good rule and governance is had and exercised by all

folks of the same trades in all works unto the said trades

pertaining, to the praise and good fame of the loyal good men of

the said trades and to the shame and blame of the bad and disloyal

men of the same. And that the same wardens may call together all

the men of the said trades honorably and peacefully when need

shall be, as well for the good rule and governance of the said

city as of the trades aforesaid. And that the same wardens, in

performing their due office, may present from time to time all the

defaults of the said bad and disloyal men to the chamberlain at

the Guildhall for the time being, to the end that the same may

there, according to the wise and prudent discretion of the

governors of the said city, be corrected, punished, and duly

redressed. And that all who are rebellious against the said

wardens as to the survey and good rule of the same trades may be

punished according to the general ordinance made as to rebellious

persons in trades of the said city [fines and imprisonment]. And

that it may please you to command that this petition, by your

sagenesses granted, may be entered of record for time to come, for

the love of God and as a work of charity."

Gutenberg's printing press, which used movable type of small

blocks with letters on them, was brought to London in 1476 by a

mercer: William Caxton. It supplemented the text-writer and

monastic copyist. It was a wood and iron frame with a mounted

platform on which were placed small metal frames into which words

with small letters of lead had been set up. Each line of text had

to be carried from the type case to the press. Beside the press

were pots filled with ink and inking balls. When enough lines of

type to make a page had been assembled on the press, the balls

would be dipped in ink and drawn over the type. Then a sheet of

paper would be placed on the form and a lever pulled to press the

paper against the type. Linen usually replaced the more expensive

parchment for the book pages.

The printing press made books more accessible to all literate

people. Caxton printed major English texts and some translations

from French and Latin. He commended different books to various

kinds of readers, for instance, for gentlemen who understand

gentleness and science, or for ladies and gentlewomen, or to all

good folk. There were many cook books in use. There were convex

eyeglasses for reading and concave ones for distance to correct

near-sightedness. The first public library in London was

established from a bequest in a will in 1423.

Many carols were sung at the Christian festival of Christmas.

Ballads were sung on many features of social life of this age of

disorder, hatred of sheriffs, but faith in the King. The legend of

Robin Hood was popular. Town miracle plays on leading incidents of

the Bible and morality plays were popular. Vintners portrayed the

miracle of Cana where water was turned into wine and Goldsmiths

ornately dressed the three Kings coming from the east. In York,

the building of Noah's Ark was performed by the Shipwrights and

the Flood performed by the Fishery and Mariners. Short pantomimes

and disguising, forerunners of costume parties, were good

recreation. Games of cards became popular as soon as cards were

introduced. The king, queen, and jack were dressed in contemporary

clothes. Men bowled, kicked footballs, and played tennis. In

London, Christmas was celebrated with masques and mummings. There

was a great tree in the main market place and evergreen

decorations in churches, houses, and streets. There were also

games, dances, street bonfires in front of building doors, and

general relaxation of social controls. Sometimes there was drunken

licentiousness and revelry, with peasants gathering together to

make demands of lords for the best of his goods. May Day was

celebrated with crowns and garlands of spring flowers. The village

May Day pageant was often presided over by Robin Hood and Maid

Marion.

People turned to mysticism to escape from the everyday violent

world. They read works of mystics, such as "Scale of Perfection"

and "Cloud of Unknowing", the latter describing how one may better

know God. They believed in magic and sorcery, but had no religious

enthusiasm because the church was engendering more disrespect.

Monks and nuns had long ago resigned spiritual leadership to the

friars; now the friars too lost much of their good reputation. The

monks became used to life with many servants such as cooks,

butlers, bakers, brewers, barbers, laundresses, tailors,

carpenters, and farm hands. The austerity of their diet had

vanished. The schedule of divine services was no longer followed

by many and the fostering of learning was abandoned. Into

monasteries drifted the lazy and miserable. Nunneries had become

aristocratic boarding houses. The practice of taking sanctuary was

abused; criminals and debtors sought it and were allowed to

overstay the 40-day restriction and to leave at night to commit

robberies. There were numerous chaplains, who were ordained

because they received pay from private persons for saying masses

for the dead; having to forego wife and family, they had much

leisure time for mischief. Church courts became corrupt, but

jealously guarded their jurisdiction from temporal court

encroachment. Peter's Pence was no longer paid by the people, so

the burden of papal exaction fell wholly on the clergy. But the

church was rich and powerful, paying almost a third of the whole

taxation of the nation and forming a majority in the House of

Lords. Many families had kinsmen in the clergy. Even the lowest

cleric or clerk could read and write in Latin.

People relied on saint's days as reference points in the year,

because they did not know dates of the year. But townspeople knew

the hour and minute of each day, because mechanical clocks were in

all towns and in the halls of the well-to-do. This increased the

sense of punctuality and highered standards of efficiency.

A linguistic unity and national pride was developing. London

English became the norm and predominated over rural dialects.

Important news was announced and spread by word of mouth in market

squares and sometimes in churches. As usual, traders provided one

of the best sources of news; they maintained an informal network

of speedy messengers and accurate reports because political

changes so affected their ventures. News also came from pedlars,

who visited villages and farms to sell items that could not be

bought in the local village. These often included scissors,

eyeglasses, colored handkerchiefs, calendars, fancy leather goods,

watches, and clocks. Peddling was fairly profitable because of the

lack of competition. But pedlars were often viewed as tramps and

suspected of engaging in robbery as well as peddling.

A royal post service was established by relays of mounted

messengers. The first route was between London and the Scottish

border, where there were frequent battles for land between the

Scotch and English.

The inland roads from town to town were still rough and without

signs. A horseman could make up to 40 miles a day. Common carriers

took passengers and parcels from various towns to London on

scheduled journeys. Now the common yeoman could order goods from

the London market, communicate readily with friends in London, and

receive news of the world frequently. Trade with London was so

great and the common carrier so efficient in transporting goods

that the medieval fair began to decline. First the Grocers and

then the Mercers refused to allow their members to sell goods at

fairs. There was much highway robbery. Most goods were still

transported by boats along the coasts, with trading at the ports.

Embroidery was exported. Imported were timber, pitch, tar, potash

[for cloth-dying], furs, silk, satin, gold cloth, damask cloth,

furred gowns, gems, fruit, spices, and sugar. Imports were

restricted by national policy for the purpose of protecting native

industries.

English single-masted ships began to be replaced by two or three

masted ships with high pointed bows to resist waves and sails

enabling the ship to sail closer to the wind. 200 tuns was the

usual carrying capacity. The increase in trade made piracy, even

by merchants, profitable and frequent until merchant vessels began

sailing in groups for their mutual protection. The astrolabe was

used for navigation by the stars.

Consuls were appointed to assist English traders abroad.

Henry IV appointed the first admiral of the entire nation and

resolved to create a national fleet of warships instead of using

merchant ships. In 1417, the war navy had 27 ships. In 1421,

Portsmouth was fortified as a naval base. Henry V issued the

orders that formed the basic law of English admiralty and

appointed surgeons to the navy and army. He was the last true

warrior King.

For defense of the nation, especially the safeguard of the seas,

Parliament allotted the king for life, 3s. for every tun of wine

imported and an additional 3s. for every tun of sweet wine

imported. From about 1413, tunnage on wine and poundage on

merchandise were duties on goods of merchants which were regularly

granted by Parliament to the king for life for upkeep of the Navy.

Before this time, such duties had been sporadic and temporary.

The most common ailments were eye problems, aching teeth,

festering ears, joint swelling and sudden paralysis of the bowels.

Epidemics broke out occasionally in the towns in the summers. The

plague swept London in 1467 and the nation in 1407, 1445, and

1471. Leprosy disappeared.

Infirmaries were supported by a tax of the king levied on nearby

counties. The walls, ditches, gutters, sewers, and bridges on

waterways and the coast were kept in repair by laborers hired by

commissions appointed by the Chancellor. Those who benefited from

these waterways were taxed for the repairs in proportion to their

use thereof.

Alabaster was sculptured into tombs surmounted with a recumbent

effigy of the deceased, and effigies of mourners on the sides. Few

townsmen choose to face death alone and planned memorial masses to

be sung to lift his soul beyond Purgatory. Chantries were built by

wealthy men for this purpose.

Chemical experimentation was still thought to be akin to sorcery,

so was forbidden by King Henry IV in 1404.

Gold was minted into coins: noble, half noble, and farthing.

King Henry IV lost power to the Commons and the Lords because he

needed revenue from taxes and as a usurper King, he did not carry

the natural authority of a King. The Commons acquired the right to

elect its own speaker. The lords who helped the usurpation felt

they should share the natural power of the kingship. The council

became the instrument of the Lords. Also, the Commons gained power

compared to the nobility because many nobles had died in war. The

consent of the Commons to legislation became so usual that the

justices declared that it was necessary. The Commons began to see

itself as representative of the entire commons of the realm

instead of just their own counties. Its members had the freedom to

consider and debate every matter of public interest, foreign or

domestic, except for church matters. The Commons, the poorest of

the three estates, established an exclusive right to originate all

money grants to the king in 1407. The Speaker of the Commons

announced its money grant to the king only on the last day of the

parliamentary session, after the answers to its petitions had been

declared, and after the Lords had agreed to the money grant. It

tied its grants by rule rather than just practice to certain

appropriations. For instance, tunnage and poundage were

appropriated for naval defenses. Wool customs went to the

maintenance of Calais, a port on the continent, and defense of the

nation. It also put the petitions in statutory form, called

"bills", to be enacted after consideration and amendment by all

without alteration. Each house had a right to deliberate in

privacy. In the Commons, members spoke in the order in which they

stood up bareheaded. Any member of Parliament or either house or

the king could initiate a bill. Both houses had the power to amend

or reject a bill. There were conferences between select committees

of both houses to settle their differences. The Commons required

the appointment of auditors to audit the King's accounts to ensure

past grants had been spent according to their purpose. It forced

the King's council appointees to be approved by Parliament and to

be paid salaries. About 1430, kings' councilors were required to

take an oath not to accept gifts of land, not to maintain private

suits, not to reveal secrets, and not to neglect the kings'

business. A quorum was fixed and rules made for removal from the

council. For the next fifty years, the council was responsible

both to the king and to Parliament. This was the first

encroachment on the King's right to summon, prorogue, or dismiss a

Parliament at his pleasure, determine an agenda of Parliament,

veto or amend its bills, exercise his discretion as to which lords

he summoned to Parliament, and create new peers by letters patent

[official public letters]. Parliament was affected by the

factionalism of the times. The speaker of the commons was often an

officer of some great lord. In 1426, the retainers of the barons

in Parliament were forbidden to bear arms, so they appeared with

clubs on their shoulders. When the clubs were forbidden, they came

with stones concealed in their clothing.

Kings created dukes and marquesses to be peers. A duke was given

creation money or allowance of 40 pounds a year. A marquess was

given 35 pounds. These new positions could not descend to an

heiress, unlike a barony or earldom. An earl was given 20 pounds,

which probably took the place of his one-third from the county.

King Henry VI gave the title of viscount to several people; it had

an allowance of 13.3 pounds and was above baron. It allowed them

to be peers. There were about 55 peers. In King Edward IV's reign,

the king's retinue had about 16 knights, 160 squires, 240 yeomen,

clerks, grooms, and stablemen. The suitable annual expense of the

household of the king was 13,000 pounds for his retinue of about

516 people, a duke 4,000 pounds for about 230 people, a marquess

3,000 pounds for about 224 people, an earl 2,000 pounds for about

130 people, a viscount 1,000 pounds for about 84 people, a baron

500 pounds for about 26 people, a banneret [a knight made in the

field, who had a banner] 200 pounds for about 24 people, a knight

bachelor 100 pounds for about 16 people, and a squire 50 pounds

for about 16 people. Of a squire's 50 pounds, about 25 pounds were

spent in food, repairs and furniture 5, on horses, hay, and

carriage 4, on clothes, alms and oblations 4, wages 9, livery of

dress 3, and the rest on hounds and the charges of harvest and

hay-time. Many servants of the household of the country gentleman

were poor relations. They might by education and accomplishment

rise into the service of a baron who could take him to court and

make his fortune.

Barons' households also included steward, chaplains, treasurer,

accountants, chamberlain, carvers, servers, cupbearers, pages, and

even chancellor. They were given wages and clothing allowances and

had meals in the hall at tables according to their degree.

The authority of the King's privy seal had become a great office

of state which transmitted the King's wishes to the Chancery and

Exchequer, rather than the King's personal instrument for sealing

documents. Now the king used a signet kept by his secretary as his

personal seal. Edward IV made the household office of secretary,

who had custody the king's signet seal, a public office. The

secretary was generally a member of the council. Edward IV

invented the benevolence, a gift wrung from wealthy subjects.

King Edward IV introduced an elaborate spy system, the use of the

rack to torture people to give information, and other

interferences with justice, all of which the Tudor sovereigns

later used. Torture was used to discover facts, especially about

co-conspirators, rather than to elicit a confession, as on the

continent. It was only used on prisoners held in the Tower of

London involved in state trials and could only be authorized by

the king's closest councilors in virtue of the royal prerogative.

The rack stretched the supine body by the wrists and legs with

increasing agony at the joints until the limbs were dislocated.

Some victims were permanently crippled by it; others died on it.

Most told what they knew, often at the very sight of the rack.

Torture was forbidden in the common law, which favored an

accusatorial system, in which the accuser had to prove guilt,

rather than an inquisitional system, in which the accused had to

prove innocence. Edward IV applied martial law to ordinary cases

of high treason by extending the jurisdiction of the politically-

appointed High Constable of England to these cases, thus depriving

the accused of trial by jury. He executed many for treason and

never restored their forfeited land to their families, as had been

the usual practice.

King Richard III prohibited the seizure of goods before conviction

of felony. He also liberated the unfree villeins on royal estates.

It was declared under Parliamentary authority that there was a

preference for the Crown to pass to a King's eldest son, and to

his male issue after him. Formerly, a man could ascend to the

throne through his female ancestry as well.

- The Law -

The forcible entry statute is expanded to include peaceful entry

with forcible holding after the justices arrived and to forcible

holding with departure before the justices arrived. Penalties are

triple damages, fine, and ransom to the King. A forceful

possession lasting three years is exempt.

By common law, a tenant could not take away buildings or fixtures

he built on land because it would be wasteful. This applied to

agricultural fixtures, but not to other trade fixtures. Also at

common law, if a person had enjoyed light next to his property for

at least 20 years, no one could build up the adjacent land so that

the light would be blocked.

Women of age fourteen or over shall have livery of their lands and

tenements by inheritance without question or difficulty.

Purposely cutting out another's tongue or putting out another's

eyes is a felony [penalty of loss of all property].

No one may keep swans unless he has lands and tenements of the

estate of freehold to a yearly value of 67s., because swans of the

King, lords, knights, and esquires have been stolen by yeomen and

husbandmen.

The wage ceiling for servants is: bailiff of agriculture 23s.4d.

per year, and clothing up to 5s., with meat and drink; chief

peasant, a carter, chief shepherd 20s. and clothing up to 4s.,

with meat and drink; common servant of agriculture 15s., and

clothing up to 3s.4d.; woman servant 10s., and clothing up to 4s.,

with meat and drink; infant under fourteen years 6s., and clothing

up to 3s., with meat and drink. Such as deserve less or where

there is a custom of less, that lesser amount shall be given.

For laborers at harvest time: mower 4d. with meat and drink or 6d.

without; reaper or carter: 3d. with or 5d. without; woman laborer

and other laborers: 2d with and 4d. without.

The ceiling wage rate for craftsmen per day is: free mason or

master carpenter 4d. with meat & drink or 5d. without; master

tiler or slater, rough mason, and mesne [intermediary] carpenter

and other artificiers in building 3d. with meat and drink or 4d.

without; every other laborer 2d. with meat and drink or 3d.

without. In winter the respective wages were less: mason category:

3d. with or 4d. without; master tiler category: 2d. with or 4d.

without; others: 1d. with or 3d. without meat and drink.

Any servant of agriculture who is serving a term with a master and

covenants to serve another man at the end of this term and that

other man shall notify the master by the middle of his term so he

can get a replacement worker. Otherwise, the servant shall

continue to serve the first master.

No man or woman may put their son or daughter to serve as an

apprentice in a craft within any borough, but may send the child

to school, unless he or she has land or rent to the value of 20s.

per year. [because of scarcity of laborers and other servants of

agriculture]

No laborer may be hired by the week.

Masons may no longer congregate yearly, because it has led to

violation of the statute of laborers.

No games may be played by laborers because they lead to [gambling

and] murders and robberies.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 29 / 66 段