Apparel worn must be appropriate to one's status to preserve the

industry of agriculture. The following list of classes shows the

lowest class, which could wear certain apparel:

1. Lords - gold cloth, gold corses, sable fur, purple silk

2. Knights - velvet, branched satin, ermine fur

3. Esquires and gentlemen with possessions to the value of

800s. per year, daughters of a person who has possessions to

the value of 2,000s. a year - damask, silk, kerchiefs up to

5s. in value.

4. Esquires and gentlemen with possessions to the yearly

value of 800s. 40 pounds - fur of martron or letuse, gold or

silver girdles, silk corse not made in the nation, kerchief

up to 3s.4d in value

5. Men with possessions of the yearly value of 40s.

excluding the above three classes - fustian, bustian,

scarlet cloth in grain

6. Men with possessions under the yearly value of 40s.

excluding the first three classes - black or white lamb fur,

stuffing of wool, cotton, or cadas.

7. Yeomen - cloth up to the value of 2s., hose up to the

value of 14s., a girdle with silver, kerchief up to 12d.

8. Servants of agriculture, laborer, servant, country

craftsman - none of the above clothes

Gowns and jackets must cover the entire trunk of the body,

including the private parts. Shoes may not have pikes over two

inches.

Every town shall have at its cost a common balance with weights

according to the standard of the Exchequer. All citizens may weigh

goods for free. All cloth to be sold shall be sealed according to

this measure.

There is a standard bushel of grain throughout the nation.

There are standard measures for plain tile, roof tile, and gutter

tile throughout the nation.

No gold or silver may be taken out of the nation.

The price of silver is fixed at 30s. for a pound, to increase the

value of silver coinage, which has become scarce due to its higher

value when in plate or masse.

A designee of the king will inspect and seal cloth with lead to

prevent deceit. Cloth may not be tacked together before

inspection. No cloth may be sold until sealed.

Heads of arrows shall be hardened at the points with steel and

marked with the mark of the arrowsmith who made it, so they are

not faulty.

Shoemakers and cordwainers may tan their leather, but all leather

must be inspected and marked by a town official before it is sold.

Cordwainers shall not tan leather [to prevent deceitful tanning].

Tanners who make a notorious default in leather which is found by

a cordwainer shall make a forfeiture.

Defective embroidery for sale shall be forfeited.

No fishing net may be fastened or tacked to posts, boats, or

anchors, but may be used by hand, so that fish are preserved and

vessels may pass.

No one may import any articles which could be made in the nation,

including silks, bows, woolen cloths, iron and hardware goods,

harness and saddlery, except printed books.

The following merchandise shall not be brought into the nation

already wrought: woolen cloth or caps, silk laces, ribbons,

fringes, and embroidery, gold laces, saddles, stirrups, harnesses,

spurs, bridles, gridirons, locks, hammers, fire tongs, dripping

pans, dice, tennis balls, points, purses, gloves, girdles, harness

for girdles of iron steel or of tin, any thing wrought of any

treated leather, towed furs, shoes, galoshes, corks, knives,

daggers, woodknives, thick blunt needles, sheers for tailors,

scissors, razors, sheaths, playing cards, pins, pattens [wooden

shoes on iron supports worn in wet weather], pack needles, painted

ware, forcers, caskets, rings of copper or of gilt sheet metal,

chaffing dishes, hanging candlesticks, chaffing balls, mass bells,

rings for curtains, ladles, skimmers, counterfeit felt hat moulds,

water pitchers with wide spouts, hats, brushes, cards for wool,

white iron wire, upon pain of their forfeiture. One half this

forfeiture goes to the king and the other half to the person

seizing the wares.

No sheep may be exported, because being shorn elsewhere would

deprive the king of customs.

No wheat, rye, or barley may be imported unless the prices are

such that national agriculture is not hurt.

Clothmakers must pay their laborers, such as carders and

spinsters, in current coin and not in pins and girdles and the

like.

The term "freemen" in the Magna Carta includes women.

The election of a knight from a county to go to Parliament shall

be proclaimed by the sheriff in the full county so all may attend

and none shall be commanded to do something else at that time.

Election is to be by majority of the votes and its results will be

sealed and sent to Parliament.

Electors and electees to Parliament must reside in the county or

be citizens or burgesses of a borough. To be an elector to

Parliament, a knight must reside in the county and have a freehold

of land or tenements there of the value of at least 40s. per year,

because participation in elections of too many people of little

substance or worth had led to homicides, assaults, and feuds.

(These "yeomen" were about one sixth of the population. Most

former electors and every leaseholder and every copyholder were

now excluded. Those elected for Parliament were still gentry

chosen by substantial freeholders.)

London ordinances forbade placing rubbish or dung in the Thames

River or any town ditch or casting water or anything else out of a

window. The roads were maintained with tolls on carts and horses

bringing victuals or grains into the city and on merchandise

unloaded from ships at the port. No carter shall drive his cart

more quickly when it is unloaded than when it is loaded. No pie

bakers shall sell beef pies as venison pies, or make any meat pie

with entrails. To assist the poor, bread and ale shall be sold by

the farthing.

Desertion by a soldier is penalized by forfeiture of all land and

property.

The common law held that a bailee is entitled to possession

against all persons except the owner of the bailed property.

Former justice Sir Thomas Littleton wrote a legal textbook

describing tenancies in dower; the tenures of socage, knight's

service, serjeanty, and burgage; estates in fee simple, fee tail,

and fee conditional; inheritance and alienation of land. For

instance, "Also, if feoffment be made upon such condition, that if

the feoffor pay to the feofee at a certain day, etc., 800s. forty

pounds of money, that then the feoffor may re-enter, etc., in this

case the feoffee is called tenant in mortgage, ... and if he doth

not pay, then the land which he puts in pledge upon condition for

the payment of the money is gone from him for ever, and so dead as

to the tenant, etc."

Joint tenants are distinguished from tenants in common by

Littleton thus: "Joint-tenants are, as if a man be seised of

certain lands or tenements, etc., and thereof enfeoffeth two, or

three, or four, or more, to have and to hold to them (and to their

heirs, or letteth to them) for term of their lives, or for term of

another's life; by force of which feoffment or lease they are

seised, such are joint-tenants. ... And it is to be understood,

that the nature of joint-tenancy is, that he that surviveth shall

have solely the entire tenancy, according to such estate as he

hath, ..." "Tenants in common are they that have lands or

tenements in fee-simple, fee-tail, or for term of life, etc., the

which have such lands and tenements by several title, and not by

joint title, and neither of them knoweth thereof his severalty,

but they ought by the law to occupy such lands or tenements in

common pro indiviso [undivided], to take the profits in common.

...As if a man enfeoff two joint-tenants in fee, and the one of

them alien that which to him belongeth to another in fee, now the

other joint-tenant and the alienee are tenants in common, because

they are in such tenements by several titles, ..."

There are legal maxims and customs of ancient origin which have

become well established and known though not written down as

statutes. Some delineated by Christopher St. Germain in "Doctor

and Student" in 1518 are:

1. The spouse of a deceased person takes all personal and

real chattels of the deceased.

2. For inheritance of land, if there are no descendant

children, the brothers and sisters take alike, and if there

are none, the next blood kin of the whole blood take, and if

none, the land escheats to the lord. Land may never ascend

from a son to his father or mother.

3. A child born before espousals is a bastard and may not

inherit, even if his father is the husband.

3. If a middle brother purchases lands in fee and dies

without heirs of his body, his eldest brother takes his

lands and not the younger brother. The next possible heir in

line is the younger brother, and the next after him, the

father's brother.

4. For lands held in socage, if the heir is under 14, the

next friend to the heir, to whom inheritance may not

descend, shall have the ward of his body and lands until the

heir is 14, at which time the heir may enter.

5. For lands held by knight's service, if the heir is under

14, then the lord shall have the ward and marriage of the

heir until the heir is 21, if male, or 14 (changed to 16 in

1285), if female. When of age, the heir shall pay relief.

6. A lease for a term of years is a real chattel rather than

a free tenement, and may pass without livery of seisin.

7. He who has possession of land, though it is by disseisin,

has right against all men but against him who has right.

8. If a tenant is past due his rent, the lord may distrain

his beasts which are on the land.

9. All birds, fowls, and wild beasts of the forest and

warren are excepted out of the law and custom of property.

No property may be had of them unless they are tame.

However, the eggs of hawks and herons and the like belong

to the man whose land they are on.

10. If a man steals goods to the value of 12d., or above, it

is felony, and he shall die for it. If it is under the value

of 12d., then it is but petit larceny, and he shall not die

for it, but shall be punished at the discretion of the

judges. This not apply to goods taken from the person, which

is robbery, a felony punishable by death.

11. If the son is attainted [convicted of treason or felony

with the death penalty and forfeiture of all lands and

goods] in the life of the father, and after he purchases his

charter of pardon of the King, and after the father dies; in

this case the land shall escheat to the lord of the fee,

insomuch that though he has a younger brother, yet the land

shall not descend to him: for by the attainder of the elder

brother the blood is corrupt, and the father in the law died

without heir.

12. A man declared outlaw forfeits his profits from land and

his goods to the King.

13. He who is arraigned upon an indictment of felony shall

be admitted, in favor of life, to challenge thirty-five

inquirers (three whole inquests would have thirty-six)

peremptorily. With cause, he may challenge as many as he has

cause to challenge if he can prove it. Such peremptory

challenge shall not be admitted in a private suit.

14. An accessory shall not be put to answer before the

principal.

15. If a man commands another to commit a trespass, and he

does it, the one who made the command is a trespasser.

16. The land of every man is in the law enclosed from other,

though it lies in the open field, and a trespasser in it

may be brought to court.

17. Every man is bound to make recompense for such hurt as

his beasts do in the growing grain or grass of his neighbor,

though he didn't know that they were there.

18. If two titles are concurrent together, the oldest title

shall be preferred.

19. He who recovers debt or damages in the King's court when

the person charged is not in custody, may within a year

after the judgment take the body of the defendant, and

commit him to prison until he has paid the debt and damages.

20. If the demandant or plaintiff, hanging his writ (writ

pending in court), will enter into the thing demanded, his

writ shall abate.

21. By the alienation of the tenant, hanging the writ, or

his entry into religion, or if he is made a knight, or she

is a woman and takes a husband hanging the writ, the writ

shall not abate.

22. The king may disseise no man and no man may disseise the

king, nor pull any reversion or remainder out of him.

- Judicial Procedure -

The prohibition against maintenance was given penalties in 1406 of

100s. per person for a knight or lower giving livery of cloth or

hats, and of 40s. for the receiver of such. A person who brought

such suit to court was to be given half the penalty. The Justices

of Assize and King's Bench were authorized to inquire about such

practices. The statute explicitly included ladies and any writing,

oath, or promise as well as indenture. Excepted were guilds,

fraternities, and craftsmen of cities and boroughs which were

founded on a good purpose, universities, the mayor and sheriffs of

London, and also lords, knights, and esquires in time of war. A

penalty of one year in prison without bail was given. In 1468,

there was a penalty of 100s. per livery to the giver of such,

100s. per month to the retainer or taker of such, and 100s. per

month to the person retained. Still this law was seldom obeyed.

People took grievances outside the confines of the rigid common

law to the Chancellor, who could give equitable remedies under

authority of a statute of 1285 (described in Chapter 8). The

Chancery heard many cases of breach of faith in the "use", a form

of trust in which three parties were involved: the holder of land,

feofees to whom the holder had made it over by conveyance or

"bargain and sale", and the beneficiary or receiver of the profits

of the land, who was often the holder, his children, relatives,

friends, an institution, or a corporation. This system of using

land had been created by the friars to get around the prohibition

against holding property. Lords and gentry quickly adopted it. The

advantages of the use were that 1) there was no legal restriction

to will away the beneficial interest of the use although the land

itself could not be conveyed by will; 2) it was hard for the king

to collect feudal incidents because the feoffees were often

unknown 3) the original holder was protected from forfeiture of

his land in case of conviction of treason if the Crown went to

someone he had not supported. Chancery gave a remedy for dishonest

or defaulting feofees.

Chancery also provided the equitable relief of specific

performance in disputes over agreements, for instance, conveyance

of certain land, whereas the common law courts awarded only

monetary damages by the writ of covenant.

Chancery ordered accounts to be made in matters of foreign trade

because the common law courts were limited to accounts pursuant to

transactions made within the nation. It also involved itself in

the administration of assets and accounting of partners to each

other.

The Chancellor took jurisdiction of cases of debt, detinue, and

account which had been decided in other courts with oath-helping

by the defendant. He did not trust the reliance on friends of the

defendant swearing that his statement made in his defense was

true. An important evidentiary difference between procedures of

the Chancery and the common law courts was that the Chancellor

could orally question the plaintiff and the defendant under oath.

He also could order persons to appear at his court by subpoena

[under pain of punishment, such as a heavy fine].

Whereas the characteristic award of the common law courts was

seisin of land or monetary damages, Chancery often enjoined

certain action. Because malicious suits were a problem, the

Chancery identified such suits and issued injunctions against

taking them to any court.

The Chancery was given jurisdiction by statute over men of great

power taking by force women who had lands and tenements or goods

and not setting them free unless they bound themselves to pay

great sums to the offenders or to marry them. A statute also gave

Chancery jurisdiction over servants taking their masters' goods at

his death.

Justices of the Peace, appointed by the Crown, investigated all

riots and arrested rioters, by authority of statute. If they had

departed, the Justices certified the case to the King. The case

was then set for trial first before the king and his council and

then at the King's Bench. If the suspected rioters did not appear

at either trial, they could be convicted for default of

appearance. If a riot was not investigated and the rioters sought,

the Justice of the Peace nearest forfeited 2,000s. Justices of the

peace were not paid. For complex cases and criminal cases with

defendants of high social status, they deferred to the Justices of

Assize, who rode on circuit once or twice a year. Since there was

no requirement of legal knowledge for a Justice of the Peace, many

referred to the "Boke of the Justice of the Peas" compiled about

1422 for them to use. Manor courts still formally admitted new

tenants, registered titles, sales of land and exchanges of land,

and commutation of services, enrolled leases and rules of

succession, settled boundary disputes, and regulated the village

agriculture.

All attorneys shall be examined by the royal justices for their

learnedness in the law and, at their discretion, those that are

good and virtuous shall be received to make any suit in any royal

court. These attorneys shall be sworn to serve well and truly in

their offices.

Attorneys may plead on behalf of parties in the hundred courts.

A qualification for jurors was to have an estate to one's own use

or one of whom other persons had estates of fee simple, fee tail,

or freehold in lands and tenements, which were at least 40s. per

year in value. In a plea of land worth at least 40s. yearly or a

personal plea with relief sought at least 800s., jurors had to

have land in the bailiwick to the value of at least 400s., because

perjury was considered less likely in the more sufficient men.

In criminal cases, there were many complaints made that the same

men being on the grand assize and petty assize was unfair because

prejudicial. So it became possible for a defendant to challenge an

indictor for cause before the indictor was put on the petty

assize. Then the petty assize came to be drawn from the country at

large and was a true petty or trial jury. Jurors were separated

from witnesses.

Justices of the Peace were to have lands worth 267s. yearly,

because those with less had used the office for extortion and lost

the respect and obedience of the people.

A Sheriff was not to arrest, but to transfer indictments to the

Justices of the Peace of the county. He had to reside in his

bailiwick. The sheriff could be sued for misfeasance such as

bribery in the King's court.

Impeachment was replaced with bill of attainder during the swift

succession of parliaments during the civil war. This was a more

rapid and efficient technique of bringing down unpopular ministers

or political foes. There was no introduction of evidence, nor

opportunity for the person accused to defend himself, nor any

court procedure, as there was with impeachment.

An example of a case of common law decided by Court of King's

Bench is Russell's Case (1482) as follows:

In the king's bench one Thomas Russell and Alice his wife brought

a writ of trespass for goods taken from Alice while she was

single. The defendant appeared and pleaded not guilty but was

found guilty by a jury at nisi prius, which assessed the damages

at 20 pounds. Before the case was next to be heard in the King's

Court an injunction issued out of the Chancery to the plaintiffs

not to proceed to judgment, on pain of 100 pounds, and for a long

time judgment was not asked for. Then Hussey CJKB. asked Spelman

and Fincham, who appeared for the plaintiff if they wanted to ask

for judgment according to the verdict. Fincham [P]: We would ask

for judgment, except for fear of the penalty provided for in the

injunction, for fear that our client will be imprisoned by the

Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment

in spite of the injunction, for if it is addressed to the

plaintiff his attorney can ask for judgment, and vice versa.

Hussey, CJKB: We have consulted together on this matter among

ourselves and we see no harm which can come to the plaintiff if he

proceeds to judgment. The law will not make him pay the penalty

provided in the injunction. If the Chancellor wants to imprison

him he must send him to the Fleet Prison, and, as soon as you are

there you will inform us and we shall issuea habeas corpus

returnable before us, and when you appear before us we shall

discharge you, so you will not come to much harm, and we shall do

all we can for you. Nevertheless, Fairfax said he would go to the

Chancellor and ask him if he would discharge the injunction. And

they asked for judgment and it was held that they should recover

their damages as assessed by the jury, but they would not give

judgment for damages caused by the vexation the plaintiff suffered

through the Chancery injunction. And they said that if the

Chancellor would not discharge the injunction, they would give

judgment if the plaintiff would ask for it.

An example of a petition to chancery in the 15th century is

Hulkere v. Alcote, as follows:

To the right reverend father in God and gracious lord bishop of

Bath, chancellor of England, your poor and continual bedwoman Lucy

Hulkere, widow of Westminster, most meekly and piteously

beseeches: that whereas she has sued for many years in the King's

Bench and in the Common Pleas for withholding diverse charters and

evidences of land, leaving and delaying her dower of the manor of

Manthorpe in Lincolnshire and also of the manor of Gildenburton in

Northamptonshire, together with the withdrawing of her true goods

which her husband gave her on his deathbed to the value of 100

pounds and more, under record of notary, sued against Harry Alcote

and Elizabeth of the foresaid Gildenburton within the same county

of Northampton. And by collusion and fickle counsel of the

foresaid Harry and Elizabeth his mother there was led and shown

for him within the Common Pleas a false release, sealed, to void

and exclude all her true suit by record of true clerks and

attorneys of the aforesaid Common Pleas. Of the which false

release proved she has a copy to show. [All this is] to her great

hindrance and perpetual destruction unless she have help and

remedy by your righteous and gracious lordship in this matter at

this time. That it please your noble grace and pity graciously to

grant a writ subpena to command the foresaid Henry Alcote and

Elizabeth Alcote to come before your presence by a certain day by

you limited in all haste that they may come to Westminster to

answer to this matter abovesaid, for love of God and adeed of

charity, considering graciously that the foresaid Harry Alcote,

with another fellow of his affinity who is not lately hanged for a

thief in Franceled her into a garden at Gildenburton and put her

down on the ground, laying upon her body a board and a summer

saddle and great stones upon the board, the foresaid Harry Alcote

sitting across her feet and the other at her head for to have

slain her and murdered her, and by grace of our lady her mother-

in-law out walking heard a piteous voice crying and by her

goodness she was saved and delivered, and otherwise would be dead.

Pledges to prosecute: John Devenshire of Berdevyle in Essex and

James Kelom of London. Returnable in Michaelmas term.

- - - Chapter 11 - - -

- The Times: 1485-1509 -

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 30 / 66 段