At seaports on the coast, goods were loaded onto vessels owned by

English merchants to be transported to other English seaports. London

was a market town on the north side of the Thames River and the primary

port and trading center for foreign merchants. Streets that probably

date from this time include Milk, Bread, and Wood Streets, and Honey

Lane. There were open air markets such as Billingsgate. There were

wooden quays over much of the river front. Houses were made of wood,

with one sunken floor, or a ground floor with a cellar beneath. Some had

central stone hearths and earth latrines. There were crude pottery

cooking pots, beakers and lamps, wool cloth, a little silk, simple

leather shoes, pewter jewelry, looms, and quernstones (for grinding

flour). Wool, skins, hides, wheat, meal, beer, lead, cheese, salt, and

honey were exported. Wine (mostly for the church), fish, timber, pitch,

pepper, garlic, spices, copper, gems, gold, silk, dyes, oil, brass,

sulphur, glass, slaves, and elephant and walrus ivory were imported.

Goods from the continent were sold at open stalls in certain streets.

Furs and slaves were traded. There was a royal levy on exports by

foreigners merchants. Southwark, across the Thames River from London,was

reachable by a bridge. Southwark contained sleazy docks, prisons, gaming

houses, and brothels.

Guilds in London were first associations of neighbors for the purposes

of mutual assistance. They were fraternities of persons by voluntary

compact to assist each other in poverty, including their widows or

orphans and the portioning of poor maids, and to protect each other from

injury. Their essential features are and continue to be in the future:

1) oath of initiation, 2) entrance fee in money or in kind and a common

fund, 3) annual feast and mass, 4) meetings at least three times yearly

for guild business, 5) obligation to attend all funerals of members, to

bear the body if need be from a distance, and to provide masses for the

dead, 6) the duty of friendly help in cases of sickness, imprisonment,

house burning, shipwreck, or robbery, 7) rules for decent behavior at

meetings, and 8) provisions for settling disputes without recourse to

the law. Both the masses and the feast were attended by the women.

Frequently the guilds also had a religious ceremonial to affirm their

bonds of fidelity. They readily became connected with the exercise of

trades and with the training of apprentices. They promoted and took on

public purposes such as the repairing of roads and bridges, the relief

of pilgrims, the maintenance of schools and almshouses, and the periodic

performance of pageants and miracle plays telling scriptural history,

which could last for several days. The devil often was prominent in

miracle plays.

Many of these London guilds were known by the name of their founding

member. There were also Frith Guilds (peace guilds) and a Knights'

Guild. The Frith Guild's main object was to enforce the King's laws,

especially the prevalent problem of theft. They were especially

established by bishops and reeves. Members met monthly and contributed

about 4d. to a common fund, which paid a compensation for items stolen.

They each paid 1s. towards the pursuit of the thief. The members were

grouped in tens. Members with horses were to track the thief. Members

without horses worked in the place of the absent horse owners until

their return. When caught, the thief was tried and executed.

Overwhelming force was used if his kindred tried to protect him. His

property was used to compensate the victim for his loss and then divided

between the thief's wife, if she was innocent, the King, and the guild.

Owners of slaves paid into a fund to give one half compensation to those

who lost slaves by theft or escape, and recaptured slaves were to be

stoned to death or hanged. The members of the peace guild also feasted

and drank together. When one died, the others each sang a song or paid

for the singing of fifty psalms for his soul and gave a loaf.

The Knights' Guild was composed of thirteen military persons to whom

King Edgar granted certain waste land in the east of London, toward

Aldgate, and also Portsoken, which ran outside the eastern wall of the

city to the Thames, for prescribed services performed, probably defense

of the vulnerable east side of the city. This concession was confirmed

by King Edward the Confessor in a charter at the suit of certain

citizens of London, the successors of these knights. Edward granted them

sac and soke [cause and suit] jurisdiction over their men.

Edward the Confessor made these rules for London:

1. Be it known that within the space of three miles from all parts

outside of the city a man ought not to hold or hinder another, and also

should not do business with him if he wish to come to the city under its

peace. But when he arrives in the city, then let the market be the same

to the rich man as to the poor.

2. Be it also known that a man who is from the court of the king or the

barons ought not to lodge in the house of any citizen of London for

three nights, either by privilege or by custom, except by consent of the

host. For if he force the host to lodge him in his house and there be

killed by the host, let the host choose six from his relatives and let

him as the seventh swear that he killed him for the said cause. And thus

he will remain quit of the murder of the deceased towards the king

and relatives and lords of the deceased.

3. And after he has entered the city, let a foreign merchant be lodged

wherever it please him. But if he bring dyed cloth, let him see to it

that he does not sell his merchandise at retail, but that he sell not

less than a dozen pieces at a time. And if he bring pepper, or cumin, or

ginger, or alum, or brasil wood, or resin, or incense, let him sell not

less than fifteen pounds at a time. But if he bring belts, let him sell

not less than a thousand at a time. And if he bring cloths of silk,

or wool or linen, let him see that he cut them not, but sell them whole.

But if he bring wax, let him sell not less than one quartanum. Also a

foreign merchant may not buy dyed cloth, nor make the dye in the city,

nor do any work which belongs by right to the citizens.

4. Also no foreign merchant with his partner may set up any market

within the city for reselling goods in the city, nor may he approach a

citizen for making a bargain, nor may he stop longer in the City.

Every week in London there was a folkmote at St. Paul's churchyard,

where majority decision was a tradition. By 1032, it had lost much of

its power to the husting [household assembly in Danish] court. The

folkmote then had responsibility for order and was the sole authority

for proclaiming outlaws. It met three times a year at St. Paul's

churchyard and there acclaimed the sheriff and justiciar, or if the king

had chosen his officer, heard who was chosen and listened to his charge.

It also yearly arranged the watch and dealt with risks of fire. It was

divided into wards, each governed by an alderman who presided over the

wardmote, and represented his ward at the folkmote. Each guild became a

ward. The chief alderman was the portreeve. London paid one-eighth of

all the taxes of England.

Later in the towns, merchant guilds grew out of charity associations

whose members were bound by oath to each other and got together for a

guild feast every month. Some traders of these merchant guilds became so

prosperous that they became landholders. Many market places were

dominated by a merchant guild, which had a monopoly of the local trade.

In the great mercantile towns all the land and houses would be held by

merchants and their dependents, all freeholders were connected with a

trade, and everyone who had a claim on public office or magistry would

be a member of the guild. The merchant guild could admit into their

guild country villeins, who became freemen if unclaimed by their lords

for a year and a day. Every merchant who had made three long voyages on

his own behalf and at his own cost ranked as a thegn. There were also

some craft guilds composed of handicraftsmen or artisans. Escaped bonded

agricultural workers, poor people, and traders without land migrated to

towns to live, but were not citizens.

Towns were largely self-sufficient, but salt and iron came from a

distance. The King's established in every shire at least one town with a

market place where purchases would be witnessed, and a mint where

reliable money was coined by a moneyer, who put his name on his coins.

There were eight moneyers in London. Coins were issued to be of value

for only a couple of years. Then one had to exchange them for newly

issued ones at a rate of about 10 old for 8 or 9 new. The difference

constituted a tax. Roughly 10% of the people lived in towns. Some took

surnames such as Tanner, Weaver, or Carpenter. Some had affectionate or

derisive nicknames such as clear-hand, fresh friend, soft bread, foul

beard, money taker, or penny purse. Craftsmen in the 1000s included

goldsmiths, embroiderers, illuminators of manuscripts, and armorers.

Edward the Confessor, named such for his piety, was a king of 24 years

who was widely respected for his intelligence, resourcefulness, good

judgment, and wisdom. His educated Queen Edith, whom he relied on for

advice and cheerful courage, was a stabilizing influence on him. They

were served by a number of thegns, who had duties in the household,

which was composed of the hall, the courtyard, and the bedchamber. They

were important men - thegns by rank. They were landholders, often in

several areas, and held leading positions in the shires. They were also

priests and clerics, who maintained the religious services and performed

tasks for which literacy was necessary. Edward was the first king to

have a "Chancellor". He kept a royal seal and was the chief royal

chaplain. He did all the secretarial work of the household and court,

drew up and sealed the royal writs, conducted the king's correspondence,

and kept all the royal accounts. The word "chancellor" signified a

screen behind which the secretarial work of the household was done. He

had the special duty of securing and administering the royal revenue

from vacant benefices. The most important royal officers were the

chamberlains, who took care of the royal bedchamber and adjoining

wardrobe used for dressing and storage of valuables, and the priests.

These royal officers had at first been responsible only for domestic

duties, but gradually came to assume public administrative tasks.

Edward wanted to avoid the pressures and dangers of living in the rich

and powerful City of London. So he rebuilt a monastic church, an abbey,

and a palace at Westminster about two miles upstream. He started the

growth of Westminster as a center of royal and political power; kings'

councils met there. Royal coronations took place at the abbey. Since

Edward traveled a lot, he established a storehouse-treasury at

Winchester to supplement his traveling wardrobe. At this time, Spanish

stallions were imported to improve English horses. London came to have

the largest and best trained army in England.

The court invited many of the greatest magnates and prelates [highest

ecclesiastical officials, such as bishops] of the land to the great

ecclesiastical festivals, when the king held more solemn courts and

feasted with his vassals for several days. These included all the great

earls, the majority of bishops, some abbots, and a number of thegns and

clerics. Edward had a witan of wise men to advise him, but sometimes the

King would speak in the hall after dinner and listen to what comments

were made from the mead-benches. As the court moved about the country,

many men came to pay their respects and attend to local business. Edward

started the practice of King's touching people to cure them of scrofula,

a disease which affected the glands, especially in the head and neck. It

was done in the context of a religious ceremony.

The main governmental activities were: war, collection of revenue,

religious education, and administration of justice. For war, the shires

had to provide a certain number of men and the ports quotas of ships

with crews. The king was the patron of the English church. He gave the

church peace and protection. He presided over church councils and

appointed bishops. As for the administration of justice, the public

courts were almost all under members of Edward's court, bishops, earls,

and reeves. Edward's mind was often troubled and disturbed by the threat

that law and justice would be overthrown, by the pervasiveness of

disputes and discord, by the raging of wicked presumption, by money

interfering with right and justice, and by avarice kindling all of

these. He saw it as his duty to courageously oppose the wicked by taking

good men as models, by enriching the churches of God, by relieving those

oppressed by wicked judges, and by judging equitably between the

powerful and the humble. He was so greatly revered that a comet was

thought to accompany his death.

The king established the office of the Chancery to draft documents and

keep records. It created the writ, which was a small piece of parchment

[sheep skin] addressed to a royal official or dependent commanding him

to perform some task for the King. By the 1000s A.D., the writ contained

a seal: a lump of wax with the impress of the Great Seal of England

which hung from the bottom of the document. Writing was done with a

sharpened goose-wing quill. Ink was obtained from mixing fluid from the

galls made by wasps for their eggs on oak trees, rainwater or vinegar,

gum arabic, and iron salts for color.

A King's grant of land entailed two documents: a charter giving

boundaries and conditions and a writ, usually addressed to the shire

court, listing the judicial and financial privileges conveyed with the

land. These were usually sac and soke [possession of jurisdiction of a

private court of a noble or institution to execute the laws and

administer justice over inhabitants and tenants of the estate], toll

[right to have a market and to collect a payment on the sale of cattle

and other property on the estate] and team [probably the right to hold a

court to determine the honesty of a man accused of illegal possession of

cattle or of buying stolen cattle by inquiring of the alleged seller or

a warrantor, even if an outsider], and infangenetheof [the authority to

hang and take the chattels of a thief caught on the estate].

The town of Coventry consisted of a large monastery estate and a large

private estate headed by a lord. The monastery was granted by Edward the

Confessor full freedom and these jurisdictions: sac and soke, toll and

team, hamsocne [the authority to fine a person for breaking into and

making entry by force into the dwelling of another], forestall [the

authority to fine a person for robbing others on the road], bloodwite

[the authority to impose a forfeiture for assault involving bloodshed],

fightwite [the authority to fine for fighting], weordwite [the authority

to fine for manslaughter, but not for willful murder], and mundbryce

[the authority to fine for any breach of the peace, such as trespass on

lands].

Every man was expected to have a lord to whom he gave fealty. He swore

by this fealty oath: "By the Lord, before whom this relic is holy, I

will be to faithful and true, and love all that he loves, and shun all

that he shuns, according to God's law, and according to the world's

principle, and never, by will nor by force, by word nor by work, do

ought of what is loathful to him; on condition that he keep me as I am

willing to deserve, and all that fulfill that our agreement was, when I

to him submitted and chose his will." If a man was homeless or lordless,

his brothers were expected to find him such, e.g. in the folkmote.

Otherwise, he was to be treated as a fugitive and could be slain, and

anyone who had harbored him would pay a penalty. Brothers were also

expected to protect their minor kinsmen.

Marriages were determined by men asking women to marry them. If a woman

said yes, he paid a sum to her kin for her "mund" [jurisdiction or

protection over her] and gave his oath to them to maintain and support

the woman and any children born. As security for this oath, he gave a

valuable object or "wed". The couple were then betrothed. Marriage

ceremonies were performed by priests in churches. The groom had to bring

friends to his wedding as sureties to guarantee his oath to maintain and

support his wife and children. Those who swore to take care of the

children were called their "godfathers". The marriage was written into

church records. After witnessing the wedding, friends ate the great

loaf, or first bread made by the bride. This was the forerunner of the

wedding cake. They drank special ale, the "bride ale" (from hence the

work "bridal"), to the health of the couple.

Women could own land, houses, and furniture and other property. They

could even make wills that disinherited their sons. This marriage

agreement with an Archbishop's sister provides her with land, money, and

horsemen:

"Here in this document is stated the agreement which Wulfric and the

archbishop made when he obtained the archbishop's sister as his wife,

namely he promised her the estates at Orleton and Ribbesford for her

lifetime, and promised her that he would obtain the estate at Knightwick

for her for three lives from the community at Winchcombe, and gave her

the estate at Alton to grant and bestow upon whomsoever she pleased

during her lifetime or at her death, as she preferred, and promised her

50 mancuses of gold and 30 men and 30 horses.

The witnesses that this agreement was made as stated were Archbishop

Wulfstan and Earl Leofwine and Bishop AEthelstan and Abbot AElfweard and

the monk Brihtheah and many good men in addition to them, both

ecclesiastics and laymen. There are two copies of this agreement, one in

the possession of the archbishop at Worcester and the other in the

possession of Bishop AEthelstan at Hereford."

This marriage agreement provided the wife with money, land, farm

animals and farm laborers; it also names sureties, the survivor of whom

would receive all this property:

"Here is declared in this document the agreement which Godwine made with

Brihtric when he wooed his daughter. In the first place he gave her a

pound's weight of gold, to induce her to accept his suit, and he granted

her the estate at Street with all that belongs to it, and 150 acres at

Burmarsh and in addition 30 oxen and 20 cows and 10 horses and 10

slaves.

This agreement was made at Kingston before King Cnut, with the

cognizance of Archbishop Lyfing and the community at Christchurch, and

Abbot AElfmaer and the community at St. Augustine's, and the sheriff

AEthelwine and Sired the old and Godwine, Wulfheah's son, and AElfsige

cild and Eadmaer of Burham and Godwine, Wulfstan's son, and Carl, the

King's cniht. And when the maiden was brought from Brightling AElfgar,

Sired's son, and Frerth, the priest of Forlstone, and the priests

Leofwine and Wulfsige from Dover, and Edred, Eadhelm's son, and

Leofwine, Waerhelm's son, and Cenwold rust and Leofwine, son of Godwine

of Horton, and Leofwine the Red and Godwine, Eadgifu's son, and Leofsunu

his brother acted as security for all this. And whichever of them lives

the longer shall succeed to all the property both in land and everything

else which I have given them. Every trustworthy man in Kent and Sussex,

whether thegn or commoner, is cognizant of these terms.

There are three of these documents; one is at Christchurch, another at

St. Augustine's, and Brihtric himself has the third."

Nuns and monks lived in segregated nunneries and monasteries on church

land and grew their own food. The local bishop usually was also an abbot

of a monastery. The priests and nuns wore long robes with loose belts

and did not carry weapons. Their life was ordered by the ringing of the

bell to start certain activities, such as prayer; meals; meetings; work

in the fields, gardens, or workshops; and copying and illuminating

books. They chanted to pay homage and to communicate with God or his

saints. They taught justice, piety, chastity, peace, and charity; and

cared for the sick. Caring for the sick entailed mostly praying to God

as it was thought that only God could cure. They bathed a few times a

year. They got their drinking water from upstream of where they had

located their latrines over running water. The large monasteries had

libraries, dormitories, guesthouses, kitchens, butteries to store wine,

bakehouses, breweries, dairies, granaries, barns, fishponds, orchards,

vineyards, gardens, workshops, laundries, lavatories with long stone or

marble washing troughs, and towels. Slavery was diminished by the church

by excommunication for the sale of a child over seven. The clergy taught

that manumission of slaves was good for the soul of the dead, so it

became frequent in wills. The clergy were to abstain from red meat and

wine and were to be celibate. But there were periods of laxity.

Punishment was by the cane or scourge.

The Archbishop of Canterbury began anointing new kings at the time of

coronation to emphasize that the king was ruler by the grace of God. As

God's minister, the king could only do right. From 973, the new king

swore to protect the Christian church, to prevent inequities to all

subjects, and to render good justice, which became a standard oath.

It was believed that there was a celestial hierarchy, with heavenly

hosts in specific places. The heavenly bodies revolved in circles around

the earthly world on crystal spheres of their own, which were serene,

harmonious, and eternal. This contrasted with the change, death, and

decay that occurred in the earthly world. Also in this world,

Aristotle's four elements of earth, air, fire, and water sought their

natural places, e.g. bubbles of air rising through water. The planets

were called wanderers because their motion did not fit the circular

scheme.

God intervened in daily life, especially if worshipped. Saints such as

Bede and Hilda performed miracles, especially ones of curing. Their

spirits could be contacted through their relics, which rested at the

altars of churches. When someone was said to have the devil in him,

people took it quite literally. A real Jack Frost nipped noses and

fingers and made the ground too hard to work. Little people, elves,

trolls, and fairies inhabited the fears and imaginings of people. The

forest was the mysterious home of spirits. People prayed to God to help

them in their troubles and from the work of the devil. Since natural

causes of events were unknown, people attributed events to wills like

their own. Illness was thought to be caused by demons. People hung

charms around their neck for cure and treatments of magic and herbs were

given. Some had hallucinogenic effects, which were probably useful for

pain. For instance, the remedy for "mental vacancy and folly" was a

drink of "fennel, agrimony, cockle, and marche". Blood- letting by

leeches and cautery were used for most maladies, which were thought to

be caused by imbalance of the four bodily humors: sanguine, phlegmatic,

choleric, and melancholic. These four humors reflected the four basic

elements air, water, fire, and earth. Blood was hot and moist like air;

phlegm was cold and moist like water; choler or yellow bile was hot and

dry like fire; and melancholy or black bile was cold and dry like earth.

Bede had explained that when blood predominates, it makes people joyful,

glad, sociable, laughing, and talking a great deal. Phlegm renders them

slow, sleepy, and forgetful. Red cholic makes them thin, though eating

much, swift, bold, wrathful, and agile. Black cholic makes them serious

of settled disposition, even sad. To relieve brain pressure and/or maybe

to exorcise evil spirits, holes were made in skulls by a drill with a

metal tip that was caused to turn back and forth by a strap wrapped

around a wooden handle. A king's daughter Edith inspired a cult of holy

wells, whose waters were thought to alleviate eye conditions. Warmth and

rest were also used for illness. Agrimony boiled in milk was thought to

relieve impotence in men.

It was known that the liver casted out impurities in the blood. The

stages of fetal growth were known. The soul was not thought to enter a

fetus until after the third month, so presumably abortions within three

months were allowable.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 4 / 67 段