Trades and crafts, each of which had to be licensed, grouped together

by specialty in the town. Cloth makers, dyers, tanners, and fullers were

near an accessible supply of running water, upon which their trade

depended. Streets were often named by the trade located there, such as

Butcher Row, Pot Row, Cordwainer Row, Ironmonger Row, Wheeler Row, and

Fish Row. Hirers of labor and sellers of wheat, hay, livestock, dairy

products, apples and wine, meat, poultry, fish and pies, timber and

cloth all had a distinct location. Some young men were apprenticed to

craftsmen to assist them and learn their craft.

London had at least twenty wards, each governed by its own alderman.

Most of them were named after people. London was ruled by sixteen

families linked by business and marriage ties. These businesses supplied

luxury goods to the rich and included the goldsmiths [sold cups, dishes,

girdles, mirrors, purses knives, and metal wine containers with handle

and spout], vintners [wine merchants], mercers [sold textiles,

haberdashery, combs, mirrors, knives, toys, spices, ointments, and

potions], drapers, and pepperers, which later merged with the spicers to

become the "grocers", skinners, tanners, shoemakers, woolmen, weavers,

fishmongers, armorers, and swordsmiths. There were bakehouses at which

one could leave raw joints of meat to be cooked and picked up later.

These businesses had in common four fears: royal interference, foreign

competition, displacement by new crafts, and violence by the poor and

escaped villeins who found their way to the city. When a non-freeholder

stayed in London he had to find for frankpledge, three sureties for good

behavior. Failure to do so was a felony and the ward would eject him to

avoid the charge of harboring him with its heavy fine. The arrival of

ships with cargoes from continental ports and their departure with

English exports was the regular waterside life below London Bridge. Many

foreign merchants lived in London. Imports included timber, hemp, fish,

and furs. There was a fraternal organization of citizens who had

possessed their own lands with sac and soke and other customs in the

days of King Edward. There were public bathhouses, but they were

disreputable. A lady would take an occasional bath in a half cask in her

home. The church warned of evils of exposing the flesh, even to bathe.

Middlesex County was London's territory for hunting and farming. All

London craft work was suspended for one month at harvest time. London

received this charter for self-government and freedom from the financial

and judicial organization of the county:

"Henry, by the grace of God, King of England, to the Archbishop of

Canterbury and the bishops, abbots, earls, barons, justiciars, sheriffs

and all his loyal subjects, both French and English, throughout the

whole of England - greeting.

1. Be it known to you that I have granted Middlesex to my citizens of

London to be held on lease by them and their heirs of me and my heirs

for 300 pounds paid by tale [yearly], upon these terms: that the

citizens themselves [may] appoint a sheriff, such as they desire, from

among themselves, and a justiciar, such as they desire, from among

themselves, to safeguard the pleas of my Crown [criminal cases] and to

conduct such pleas. And there shall be no other justiciar over the men

of London.

2. And the citizens shall not take part in any [civil] case whatsoever

outside the City walls.

1) And they shall be exempt from the payment of scot and danegeld

and the murder fine.

2) And none of them shall take part in trial by combat.

3) And if any of the citizens has become involved in a plea of the

Crown, he shall clear himself, as a citizen of London, by an oath which

has been decreed in the city.

4) And no one shall be billeted [lodged in a person's house by order

of the King] within the walls of the city nor shall hospitality be

forcibly exacted for anyone belonging to my household or to any other.

5) And all the citizens of London and all their effect [goods] shall

be exempt and free, both throughout England and in the seaports, from

toll and fees for transit and market fees and all other dues.

6) And the churches and barons and citizens shall have and hold in

peace and security their rights of jurisdiction [in civil and criminal

matters] along with all their dues, in such a way that lessees who

occupy property in districts under private jurisdiction shall pay dues

to no one except the man to whom the jurisdiction belongs, or to the

official whom he has placed there.

7) And a citizen of London shall not be amerced [fined by a court

when the penalty for an offense is not designated by statute] to

forfeiture of a sum greater than his wergeld, [hereby assessed as] 100

shillings, in a case involving money.

8) And further there shall be no miskenning [false plea causing a

person to be summoned to court] in a husting [weekly court] or in a

folkmote [meeting of the community], or in any other court within the

City.

9) And the Hustings [court] shall sit once a week on Monday.

10) And I assure to my citizens their lands and the property

mortgaged to them and the debts due to them both within the City and

without.

11) And with regard to lands about which they have pled in suit

before me, I shall maintain justice on their behalf, according to the

law of the City.

12) And if anyone has exacted toll or tax from citizens of London,

the citizens of London within the city shall [have the right to] seize

[by process of law] from the town or village where the toll or tax was

exacted a sum equivalent to that which the citizen of London gave as

toll and hence sustained as loss.

13) And all those who owe debts to citizens shall pay them or shall

clear themselves in London from the charge of being in debt to them.

14) But if they have refused to pay or to come to clear themselves,

then the citizens to whom they are in debt shall [have the right to]

seize [by process of law] their goods [including those in the hands of a

third party, and bring them] into the city from the [town, village or]

county in which the debtor lives [as pledges to compel appearance in

court].

15) And the citizens shall enjoy as good and full hunting rights as

their ancestors ever did, namely, in the Chilterns, in Middlesex, and in

Surrey.

Witnessed at Westminster."

The above right not to take part in any case outside the city relieved

London citizens from the burden of traveling to wherever the King's

court happened to be, the disadvantage of not knowing local customs, and

the difficulty of speaking in the language of the King's court rather

than in English. The right of redress for tolls exacted was new because

the state of the law was that the property of the inhabitants was liable

to the king or superior lord for the common debt.

Newcastle-on-Tyne was recognized by the king as having certain customs,

so the following was not called a grant:

"These are the laws and customs which the burgesses of Newcastle upon

Tyne had in the time of Henry King of England and ought to have.

[1] Burgesses can distrain [take property of another until the other

performs his obligation] upon foreigners within, or without their own

market, within or without their own houses, and within or without their

own borough without the leave of the reeve, unless the county court is

being held in the borough, and unless [the foreigners are] on military

service or guarding the castle.

[2] A burgess cannot distrain upon a burgess without the leave of the

reeve.

[3] If a burgess have lent anything of his to a foreigner, let the

debtor restore it in the borough if he admits the debt, if he denies it,

let him justify himself in the borough.

[4] Pleas which arise in the borough shall be held and concluded

there, except pleas of the Crown.

[5] If any burgess be appealed [sued] of any plaint, he shall not plead

without the borough, unless for default of [the borough] court.

[6] Nor ought he to answer without day and term, unless he have fallen

into 'miskenning' [error in pleading], except in matters which pertain

to the Crown.

[7] If a ship have put in at Tynemouth and wishes to depart, the

burgesses may buy what they will [from it].

[8] If a plea arise between a burgess and a merchant, it shall be

concluded before the third ebb of the tide.

[9] Whatever merchandise a ship has brought by sea must be landed,

except salt; and herring ought to be sold in the ship.

[10] If any man have held land in burgage for a year and a day, lawfully

and without claim, he shall not answer a claimant, unless the claimant

have been without the realm of England, or a child not of age to

plead.

[11] If a burgess have a son, he shall be included in his father's

freedom if he be with his father.

[12] If a villein come to dwell in the borough, and dwell there a year

and a day as a burgess, he shall abide altogether, unless notice has

been given by him or by his master that he is dwelling for a term.

[13] If any man appeal [sue] a burgess of any thing, he cannot do [trial

by] battle with the burgess, but the burgess shall defend himself by his

law, unless it be of treason, whereof he is bound to defend himself by

[trial by] battle.

[14] Neither can a burgess do [trial by] battle against a foreigner,

unless he first go out of the borough.

[15] No merchant, unless he be a burgess, may buy [outside] the town

either wool or leather or other merchandise, nor within the borough

except [from] burgesses.

[16] If a burgess incur forfeit, he shall give six ounces [10s.] to the

reeve.

[17] In the borough there is no merchet [payment for marrying off a

daughter] nor heriot nor bloodwite [fine for drawing blood] nor

stengesdint [fine for striking with a stick].

[18] Every burgess may have his own oven and handmill if he will, saving

the right of the King's oven.

[19] If a woman be in forfeit for bread or beer, no one ought to

interfere but the reeve. If she forfeit twice, she shall be chastised by

her forfeit. If three times, let justice be done on her.

[20] No one but a burgess may buy webs [woven fabrics just taken off the

loom] to dye, nor make nor cut them.

[21] A burgess may give and sell his land and go whither he will freely

and quietly unless there be a claim against him."

The nation produced sufficient iron, but a primitive steel [iron with

carbon added] was imported. It was scarce and expensive. Steel was used

for tools, instruments, weapons and armor. Ships could carry about 300

people. Navigation was by simple charts that included wind direction for

different seasons and the direction of north. The direction of the ship

could be generally determined when the sky was clear by the position of

the sun during the day or the north star during the night.

Plays about miracles wrought by holy men or saints or the sufferings

and fortitude of martyrs were performed, usually at the great church

festivals. Most nobles could read, though writing was still a

specialized craft. There were books on animals, plants, and stones. The

lives of the saints as told in the book "The Golden Legend" were

popular. The story of the early King Arthur was told in the book "The

History of the Kings of England". The story at this time stressed Arthur

as a hero and went as follows: Arthur became king at age 15. He had an

inborn goodness and generosity as well as courage. He and his knights

won battles against foreign settlers and neighboring clans. Once, he and

his men surrounded a camp of foreigners until they gave up their gold

and silver rather than starve. Arthur married Guenevere and established

a court and retinue. Leaving Britain in the charge of his nephew Modred,

he fought battles on the continent for land to give to his noblemen who

did him service in his household and fought with him. When Arthur

returned to Britain, he made battle with his nephew Modred who had

crowned himself King. Arthur's knight Gawain, the son of his sister, and

the enemy Modred were killed and Arthur was severely wounded. Arthur

told his kinsman Constantine to rule Britain as king in his place.

The intellectual world included art, secular literature, law, and

medicine. There were about 90 physicians.

The center of government was a collection of tenants-in-chief, whose

feudal duty included attendance when summoned, and certain selected

household servants of the King. The Exchequer became a separate body.

The payments in kind, such as grain or manual services, from the royal

demesnes had been turned into money payments. The great barons made

their payments directly to the Exchequer. The income from royal estates

was received by the Exchequer and then commingled with the other funds.

Each payment was indicated by notches on a stick, which was then split

so that the payer and the receiver each had a half showing the notches.

The Exchequer was the great school for training statesmen, justices, and

bishops. The Chancellor managed the domestic matters of the Crown's

castles and lands. The great offices of state were sold for thousands of

pounds, which caused their holders to be on their best behavior for fear

of losing their money by being discharged from office. One chancellor

paid Henry about 3000 pounds for the office. Henry brought sheriffs

under his strict control, free from influence by the barons. He

maintained order with a strong hand, but was no more severe than his

security demanded.

Forests were still retained by Kings for their hunting of boars and

stags. A master forester maintained them. The boundaries of the Royal

Forests were enlarged. They comprised almost one-third of the kingdom.

Certain inhabitants thereof supplied the royal foresters with meat and

drink and received certain easements and rights of common therein. The

forest law reached the extreme of severity and cruelty under Henry I.

Punishments given included blinding, emasculation, and execution.

Offenders were rarely allowed to substitute a money payment. When fines

were imposed they were heavy.

A substantial number of barons and monasteries were heavily in debt to

the Jews. The interest rate was 43% (2d. per pound per week). The king

taxed the Jews at will.

- The Law -

Henry restored the death penalty (by hanging) for theft and robbery,

but maintained William I's punishment of mutilation by blinding and

severing of limbs for other offenses, for example, bad money. He decreed

in 1108 that false and bad money should be amended, so that he who was

caught passing bad denarii should not escape by redeeming himself but

should lose his eyes and members. And since denarii were often picked

out, bent, broken, and refused, he decreed that no denarius or obol,

which he said were to be round, or even a quadrans, if it were whole,

should be refused. (Money then reached a higher level of perfection,

which was maintained for the next century.)

Counterfeiting law required that "If any one be caught carrying false

coin, the reeve shall give the bad money to the King however much there

is, and it shall be charged in the render of his farm [payment] as good,

and the body of the offender shall be handed over to the King for

judgment, and the serjeants who took him shall have his clothes."

The forest law stated that: "he that doth hunt a wild beast and doth

make him pant, shall pay 10 shillings: If he be a freeman, then he shall

pay double. If he be a bound man, he shall lose his skin." A "verderer"

was responsible for enforcing this law, which also stated that: "If

anyone does offer force to a Verderer, if he be a freeman, he shall lose

his freedom, and all that he hath. And if he be a villein, he shall lose

his right hand." Further, "If such an offender does offend so again, he

shall lose his life."

A wife's dower is one-third of all her husband's freehold land, unless

his endowment of her at their marriage was less than one- third.

Debts to townsmen were recoverable by this law: "If a burgess has a

gage [a valuable object held as security for carrying out an agreement]

for money lent and holds this for a whole year and a day, and the debtor

will not deny the debt or deliver the gage, and this is proved, the

burgess may sell the gage before good witnesses for as much as he can,

and deduct his money from the sum. If any money is over he shall return

it to the debtor. But if there is not enough to pay him, he shall take

distress again for the amount that is lacking."

Past due rent in a borough was punishable by payment of 10s. as fine.

Judicial activity encouraged the recording of royal legislation in

writing which both looked to the past and attempted to set down law

current in Henry's own day. The "Liberi Quadripartitus" aimed to include

all English law of the time. This showed an awareness of the ideal of

written law as a statement of judicial principles as well as of the

practice of kingship. In this way, concepts of Roman law used by the

Normans found their way into English law.

Church law provided that only consent between a man and woman was

necessary for marriage. There needn't be witnesses, ceremony, nor

consummation. Consent could not be coerced. Penalties in marriage

agreements for not going through with the marriage were deemed invalid.

Villeins and slaves could marry without their lords' or owners'

permission. A couple living together could be deemed married. Persons

related by blood within certain degrees, which changed over time, of

consanguinity were forbidden to marry. This was the only ground for

annulment of a marriage. A legal separation could be given for adultery,

cruelty, or heresy. Annulment, but not separation, could result in

remarriage. Fathers were usually ordered to provide some sustenance and

support for their illegitimate children. The court punished infanticide

and abortion. Counterfeiters of money, arsonists, and robbers of

pilgrims and merchants were to be excommunicated. Church sanctuary was

to be given to fugitives of violent feuds until they could be given a

fair trial.

- Judicial Procedure -

Courts extant now are the Royal Court, the King's Court of the

Exchequer, county courts, and hundred courts, which were under the

control of the King. His appointed justices administered justice in

these courts on regular circuits. The sheriff now only produced the

proper people and preserved order at the county courts and presided over

the nonroyal pleas and hundred courts. He impaneled recognitors, made

arrests, and enforced the decisions of the royal courts. Also there are

manor courts, borough courts, and ecclesiastical courts. In the manor

courts, the lord's reeve generally presided. The court consisted of the

lord's vassals and declared the customs and law concerning such offenses

as failure to perform services and trespass on manorial woods, meadow,

and pasture.

The King's Royal Court heard issues concerning the Crown and breaches

of the King's peace, which included almost all criminal matters. The

most serious offenses: murder, robbery, rape, abduction, arson, treason,

and breach of fealty, were now called felonies. Other offenses were:

housebreaking, ambush, certain kinds of theft, premeditated assault, and

harboring outlaws or excommunicants. Henry personally presided over

hearings of important legal cases. He punished crime severely. Offenders

were brought to justice not only by the complaint of an individual or

local community action, but by official prosecutors. A prosecutor was

now at trials as well as a justice. Trial is still by compurgation.

Trial by combat was relatively common.

These offenses against the king placed merely personal property and

sometimes land at the king's mercy. Thus the Crown increased the range

of offenses subject to its jurisdiction and arrogated to itself profits

from the penalties imposed. A murderer could be given royal pardon from

the death penalty so that he could pay compensation to the relatives.

The Royal Court also heard these offenses against the king: fighting in

his dwelling, contempt of his writs or commands, encompassing the death

or injury of his servants, contempt or slander of the King, and

violation of his protection or his law. It heard these offenses against

royal authority: complaints of default of justice or unjust judgment,

pleas of shipwrecks, coinage, treasure trove [money buried when danger

approached], forest prerogatives, and control of castle building.

Slander of the king, the government, or high officials was punishable

as treason, felony, misprision of treason, or contempt, depending on the

rank and office of the person slandered and the degree of guilt.

Henry began the use of writs to intervene in civil matters, such as

inquiry by oath and recognition of rights as to land, the obligations of

tenure, the legitimacy of heirs, and the enforcement of local justice.

The Crown used its superior coercive power to enforce the legal

decisions of other courts. These writs allowed people to come to the

Royal Court on certain issues. There was a vigorous interventionism in

the land law subsequent to appeals to the king in landlord-tenant

relations, brought by a lord or by an undertenant. Assizes [those who

sit together] of local people who knew relevant facts were put together

to assist the court. Henry appointed some locally based justices, called

justiciars. Also, he sent justices out on eyres [journeys] to hold

assizes. This was done at special sessions of the county courts, hundred

courts, and manor courts. Records of the verdicts of the Royal Court

were sent with these itinerant justices for use as precedent in these

courts. Thus royal authority was brought into the localities and served

to check baronial power over the common people. These itinerant justices

also transacted the local business of the Exchequer in each county.

Henry created the office of chief justiciar, which carried out judicial

and administrative functions.

The Royal Court retained cases of gaol delivery [arrested person who

had been held in gaol was delivered to the court] and amercements. It

also decided cases in which the powers of the popular courts had been

exhausted or had failed to do justice. The Royal Court also decided land

disputes between barons who were too strong to submit to the county

courts.

The King's Court of the Exchequer reviewed the accounts of sheriffs,

including receipts and expenditures on the Crown's behalf as well as

sums due to the Treasury, located still at Winchester. These sums

included rent from royal estates, the Danegeld land tax, the fines from

local courts, and aid from baronial estates. Its records were the "Pipe

Rolls", so named because sheets of parchment were fastened at the top,

each of which dropped into a roll at the bottom and so assumed the shape

of a pipe.

The county and hundred courts assessed the personal property of

individuals and their taxes due to the King. The county court decided

land disputes between people who had different barons as their

respective lords.

The free landholders were expected to attend county, hundred, and manor

courts. They owed "suit" to it. The suitors found the dooms [laws] by

which the presiding officer pronounced the sentence.

The county courts heard cases of theft, brawling, beating, and

wounding, for which the penalties could be exposure in the pillory or

stocks. The pillory held an offender's head and hands in holes in

boards, and the stocks held one's hands and feet. Here the public could

scorn and hit the offender or throw fruit, mud, and dead cats at him.

For sex offenders and informers, stones were usually thrown. Sometimes a

person was stoned to death. The county courts met twice yearly. If an

accused failed to appear after four successive county courts, he was

declared outlaw at the fifth and forfeited his civil rights and all his

property. He could be slain by anyone at will.

The hundred court met once a month to hear neighborhood disputes, for

instance concerning pastures, meadows and harvests. Usually present was

a priest, the reeve, four representative men, and sometimes the lord or

his steward in his place. Sometimes the chief pledges were present to

represent all the men in their respective frankpledges. The bailiff

presided over all these sessions except two, in which the sheriff

presided over the full hundred court to take the view of frankpledge,

which was required for those who did not have a lord to answer for him.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 9 / 67 段