The barons held court on their manors at a "hallmote" for issues

arising between people living on the manor, such as bad ploughing on the

lord's land or letting a cow get loose on the lord's land, and land

disputes. This court also made the decision of whether a certain person

was a villein or freeman. The manor court took over issues which had

once been heard in the vill or hundred court. The baron charged a fee

for hearing a case and received any fines he imposed, which amounted to

significant "profits of justice".

Boroughs held court on trading and marketing issues in their towns such

as measures and weights, as well as issues between people who lived in

the borough. The borough court was presided over by a reeve who was a

burgess as well as a royal official.

Wealthy men could employ professional pleader-attorneys to advise them

and to speak for them in a court.

The ecclesiastical courts dealt, until the time of Henry VIII, with

family matters such as marriage, annulments, marriage portions,

legitimacy, undue wifebeating, child abuse, orphans, bigamy, adultery,

incest, fornication, personal possessions, defamation, slander which did

not cause material loss (and therefore had no remedy in the temporal

courts), libel, perjury, usury, mortuaries, sacrilege, blasphemy,

heresy, tithe payments, church fees, certain offenses on consecrated

ground, and breaches of promises under oath, e.g. to pay a debt, provide

services, or deliver goods. They decided inheritance and will issues

which did not concern land, but only personal property. This developed

from the practice of a priest usually hearing a dying person's will as

to the disposition of his goods and chattel when he made his last

confession. It provided guardianship of infants during probate of their

personal property. Trial was basically by compurgation, with

oath-helpers swearing to or against the veracity of the alleged

offender's oath. An alleged offender could be required to answer

questions under oath, thus giving evidence against himself. The

ecclesiastical court's penalties were intended to reform and determined

on a case-by-case basis. The canon law of Christendom was followed,

without much change by the English church or nation. Penalties could

include confession and public repentance of the sin before the parish,

making apologies and reparation to persons affected, public

embarrassment such as being dunked in water (e.g. for women scolds),

walking a route barefoot and clad only in one's underwear, whippings,

extra work, fines, and imprisonment in a "penitentiary" to do penance.

The ultimate punishment was excommunication with social ostracism. Then

no one could give the person drink, food, or shelter and he could speak

only to his spouse and servants. Excommunication included denial of the

sacraments of baptism, penance, mass, and extreme unction [prayers for

spiritual healing] at death; which were necessary for salvation of the

soul; and the sacrament of confirmation of one's belief in the tenets of

Christianity. A person could also be denied a Christian burial in

consecrated ground. However, the person could still marry and make a

will. The king's court could order a recalcitrant excommunicant

imprisoned until he satisfied the claims of the church. Excommunication

was usually imposed for failure to obey an order or showing contempt of

the law or of the courts. It required a hearing and a written reason. If

this measure failed, it was possible to turn the offender over to the

state for punishment, e.g. for blasphemy or heresy. Blasphemy [speaking

ill of God] was thought to cause God's wrath expressed in famine,

pestilence, and earthquake and was usually punished by a fine or

corporal punishment, e.g. perforation or amputation of the tongue. It

was tacitly understood that the punishment for heresy was death by

burning. There were no heresy cases up to 1400 and few after that. The

state usually assured itself the sentence was just before imposing it.

The court of the rural dean was the ecclesiastical parallel of the

hundred court of secular jurisdiction and usually had the same land

boundaries. The archdeacons, who had been ministers of the bishop in all

parts of his diocese alike, were now each assigned to one district,

which usually had the same boundaries as the county. Henry acknowledged

occasional appellate authority of the pope, but expected his clergy to

elect bishops of his choice.

There was a separate judicial system for the laws of the forest. There

were itinerant justices of the forests and four verderers of each forest

county, who were elected by the votes of the full county court, twelve

knights appointed to keep vert [everything bearing green leaves] and

venison, and foresters of the king and of the lords who had lands within

the limits of the forests. Every three years, the officers visited the

forests in preparation for the courts of the forest held by the

itinerant justices. The inferior courts were the woodmote, held every

forty days, and the swein [freeman or freeholder within the forest]

mote, held three times yearly before the verderers as justices, in which

all who were obliged to attend as suitors of the county court to serve

on juries and inquests were to be present.

- - - Chapter 6 - - -

- The Times: 1154-1215 -

King Henry II and Queen Eleanor, who was twelve years older, were both

intelligent, educated, energetic, well-traveled, and experienced in

affairs of state. Henry was the first Norman king to be fully literate

and he learned Latin. He had many books and maintained a school. Eleanor

often served as regent during Henry's reign and the reigns of their two

sons: Richard I, the Lion- Hearted, and John. She herself headed armies.

Henry II was a modest, courteous, and patient man with an astonishing

memory and strong personality. He was indifferent to rank and impatient

of pomp to the point of being careless about his appearance. He usually

dressed in riding clothes and was often unkempt. He was thrifty, but

generous to the poor. He was an outstanding legislator and

administrator.

Henry II took the same coronation oath as Edward the Confessor

regarding the church, laws, and justice. Not only did he confirm the

charter of his grandfather Henry I, but he revived and augmented the

laws and institutions of his grandfather and developed them to a new

perfection. Almost all legal and fiscal institutions appear in their

first effective form during his reign. For instance, he

institutionalized the assize for a specific function in judicial

proceedings, whereas before it had been an ad hoc body used for various

purposes. The term "assize" here means the sitting of a court or

council. It came to denote the decisions, enactments, or instructions

made at such.

Henry's government practiced a strict economy and he never exploited

the growing wealth of the nation. He abhorred bloodshed and the

sacrifice of men's lives. So he strove diligently to keep the peace,

when possible by gifts of money, but otherwise with armed force. Robbers

were hanged and any man who raped a woman was castrated. Foreign

merchants with precious goods could journey safely through the land from

fair to fair. These fairs were usually held in the early fall, after

harvesting and sheep shearing. Foreign merchants bought wool cloth and

hides. Frankpledge was revived, now applying to the unfree and villeins.

No stranger could stay overnight (except for one night in a borough),

unless sureties were given for his good behavior. A list of such

strangers was to be given to itinerant justices.

Henry had character and the foresight to build up a centralized system

of government that would survive him. He learned about the counties' and

villages' varying laws and customs. Then, using the model of Roman law,

he gave to English institutions that unity and system which in their

casual patchwork development had been lacking. Henry's government and

courts forged permanent direct links between the king and his subjects

which cut through the feudal structure of lords and vassals.

He developed the methods and structure of government so that there was

a great increase in the scope of administrative activity without a

concurrent increase of personal power of the officials who discharged

it. The government was self-regulating, with methods of accounting and

control which meant that no official, however exalted, could entirely

escape the surveillance of his colleagues and the King. At the same

time, administrative and judicial procedures were perfected so that much

which had previously required the King's personal attention was reduced

to routine.

The royal household translated the royal will into action. In the early

1100s, there had been very little machinery of central government that

was not closely associated with the royal household. There was a Chief

Justiciar for legal matters and a Treasurer. Royal government was

largely built upon what had once been purely domestic offices. Kings had

called upon their chaplains to pen letters for them. By Henry II's

reign, the Chancery was a highly efficient writing office through which

the King's will was expressed in a flow of writs, and the Chancellor an

important and highly rewarded official, but he was still responsible for

organizing the services in the royal chapel. Similarly, the chamberlains

ran the household's financial departments. They arranged to have money

brought in from a convenient castle treasury, collected money from

sheriffs or the King's debtors, arranged loans with the usurers, and

supervised the spending of it. It was spent for daily domestic needs,

the King's almsgiving, and the mounting of a military campaign. But they

were still responsible for personal attendance upon the king in his

privy chamber, taking care of his valuable furs, jewels, and documents,

and changing his bed linens. There were four other departments of the

household. The steward presided over the hall and kitchens and was

responsible for supplying the household and guests with food supplies.

The butler had duties in the hall and cellars and was responsible for

the supply of wine and ale. The marshall arranged lodgings for the

King's court as it moved about from palaces to hunting lodges, arranged

the pay of the household servants, and supervised the work of ushers,

watchmen, fire tenders, messengers and huntsmen. The constable organized

the bodyguard and escorts, arranged for the supply of castles, and

mustered the royal army. The offices of steward, constable, chamberlain,

butler were becoming confined to the household and hereditary. The

Justiciar, Chancellor, and Treasurer are becoming purely state offices.

They were simply sold or rented, until public pressure resulted in a

requirement of ability.

Henry's council included all his tenants-in-chief, which included

archbishops, bishops, abbots, priors, earls, barons, knights and socage

tenants of the crown, whether they made payments directly to him or

through a sheriff. The higher ones were served with a writ addressed to

them personally. Knights and below were summoned by a general writ to

the sheriff.

Henry brought order and unity by making the King's Royal Court the

common court of the land. Its purpose was to guard the King's peace by

protecting all people of free status throughout the nation and correct

the disparity in punishments given by local courts. Heretofore, the

scope of the King's peace had varied to cover as little as the King's

presence, his land, and his highway. The royal demesne had shrunk to

about 5% of the land. The Common Law for all the nation was established

by example of the King's Royal Court. Henry erected a basic, rational

framework for legal processes which drew from tradition but lent itself

to continuous expansion and adaptation.

A system of writs originated well-defined actions in the royal courts.

Each court writ had to satisfy specific conditions for this court to

have jurisdiction over an action or event. This system determined the

Royal Court's jurisdiction over the church, lords, and sheriffs. It

limited the jurisdiction of all other courts and subordinated them to

the Royal Court. Inquests into any misdeeds of sheriffs were held, which

could result in their dismissal.

Henry and Eleanor spoke many languages and liked discussing law,

philosophy, and history. So they gathered wise and learned men about

them, who became known as courtiers, rather than people of social rank.

They lived in the great and strong Tower of London, which had been

extended beyond the original White Tower, as had other castles, so that

the whole castle and grounds were defended instead of just the main

building. The Tower of London was in the custody of one of the two

justiciars. On the west were two strongly fortified castles surrounded

by a high and deeply entrenched wall, which had seven double gates.

Towers were spaced along the north wall and the Thames River flowed

below the south wall. To the west was the city, where royal friends had

residences with adjoining gardens near the royal palace at Westminster.

The court was a center of culture as well as of government. The game of

backgammon was played. People wore belts with buckles, usually brass,

instead of knotting their belts.

London extended about a mile along the Thames and about half a mile

inland. It had narrow twisting lanes, some with a ditch down the middle

for water runoff. Most of its houses were two stories, the ground floor

having booths and workshops, and the upper floor living space. Most of

the houses were wooden structures. The richer merchants' and knights'

houses were built of stone. Walls between houses had to be stone to a

height of 16 feet and thatched roofs were banned because there had been

many fires. There was poor compliance, but some roofs were tiled with

red brick tiles. The population was about 40,000. There were over 126

churches for public worship, thirteen monasteries (including nunneries),

and St. Paul's Cathedral. All were built of stone. The churches gave a

place of worship for every 300 inhabitants and celebrated feast days,

gave alms and hospitality to strangers, confirmed betrothals or

agreements of marriage, celebrated weddings, conducted funerals, and

buried the dead. The synod of Westminster of 1175 prescribed that all

marriages were to be performed by the church. Church law required a

warning prior to suspension or excommunication. Monastic, cathedral, and

parish schools taught young boys grammar so they could sing and read in

church services. Nuns taught girls. Fish but no meat was eaten on

Fridays. There was dark rye bread and expensive white wheat bread.

Vegetables included onions, leeks, and cabbage. Fruits included apples,

pears, plums, cherries, and strawberries. Water was obtained from

streams running through the town to the Thames and from springs. Only

the rich, palaces, and churches could afford beeswax candles; others had

homemade tallow [cow or sheep fat] candles which smelled and gave off

smoke. Most people washed their bodies. Even the poor had beds and bed

clothes. The beds were often shared. Few babies survived childhood. If a

man reached 30, he could expect to live until age 50. Thousands of

Londoners died during a hot summer from fevers, plague and the like.

In London, bells heralded the start and finish of all organized

business. The sellers of merchandise and hirers of labor were

distributed every morning into their several localities according to

their trade. Vendors, craftsmen, and laborers had their customary

places. Some vendors walked the streets announcing their wares for sale.

There were craft guilds of bakers, butchers, cloth workers, and

saddlers, as well as of weavers. Vendors on the Thames River bank sold

cooked fish caught from the river and wine from ships and wine cellars.

Cook shops sold roasted meats covered with hotly spiced sauces.

London Bridge was built of stone for the first time. It was supported

by a series of stone arches standing on small man-made islands. It had

such a width that a row of wood houses and a chapel was built on top of

it. In the spring it was impassable by ships because the flow of water

under it varied in height on either side of the bridge by several feet

at half tide. The bridge had the effect of slowing down the flow

upstream, which invited wherries and rowboats and stately barges of the

nobility. In winters in which it froze over, there was ice skating, ice

boating, and fishing through holes in the ice.

Outside each city gate were clusters of ragged buildings, small

monasteries and hostelries, groups of huntsmen's kennels, and fencing

schools. Outside one of the gates, a horse market was held every week.

Horses wore horseshoes made of iron or of a crude steel. From the

southwest gate of the city along the north river bank toward

Westminster, there was a gradually extending line of rich men's mansions

and bishops' palaces. On the southern bank of the Thames River was

growing the disorderly suburb of Southwark, with fishermen's and

boatmens' hovels, and taverns and brothels that were frequented by

drunkards, rakes, and whores. On the north side of the city was a great

forest with fields and wells where students and other young men from the

city took walks in the fresh evening air. In some fields, country folk

sold pigs, cows, oxen and sheep. Mill wheels turned at various streams.

Near London in the country was a glass factory. At sunset, the gates of

London were closed for the night. All taverns had to be closed, all

lights put out, and all fires banked or covered when the bell of the

church of St. Martin le Grand rang at 9:00 p.m. Anyone found on the

streets after this curfew could be arrested. Gangs of young nobles or

gangs of thieves, cutpurses, and looters roamed the streets after dark

and sometimes rioted. Offenders were often beheaded and their heads

placed on spikes on London Bridge.

Men in London had begun weaving cloth, which formerly had been done by

women. Some of the cloth was exported. The weavers guild of London

received a charter by the King in 1155, the first granted to any London

craft: "Know that I have conceded to the Weavers of London to hold their

guild in London with all the liberties and customs which they had in the

time of King Henry [I], my grandfather; and that none may intermeddle

with the craft within the city, nor in Southwark, nor in other places

pertaining to London except through them and except he be in their

guild, otherwise than was accustomed to be done in the time of King

Henry, my grandfather ...So that each year they render thence to me two

marks [26s.8d.] of gold at the feast of St. Michael. And I forbid that

any shall do injury or contumely to them on this account under penalty

of 10 pounds [200s.]. Witness T[homas], Chancellor, and Warinus, son of

Gerard, Chamberlain, at Winchester." The liberties obtained were: 1) The

weavers may elect bailiffs to supervise the work of the craft, to punish

defaulters, and to collect the ferm [amount owed to the King]. The

bailiffs were chosen from year to year and swore before the mayor of

London to do and keep their office well and truly. 2) The bailiffs may

hold court from week to week on pleas of debt, agreements, covenants

[promises for certain performance], and minor trespasses. 3) If any of

the guild members are sued in any other court on any of the above pleas,

the guild may challenge that plea to bring it to the guild court. 4) If

any member is behind in his share of the payment to the King, the

bailiffs may distrain his loom until he has paid this.

The weavers' guild punished members who used bad thread in their weaving

or did defective weaving by showing the default to the mayor, with

opportunity for the workman to make entreaty, and the mayor and twelve

members of the guild then made a verdict of amercement of 1/2 mark

[6s.8d.] and the workman of the cloth was also punished by the guild

bailiffs according to guild custom.The weavers' guild tradition of

brotherliness among members meant that injury to a fellow weaver

incurred a severe penalty. If a weaver stole or eloigned [removed them

to a distance where they were unreachable] any other weaver's goods

falsely and maliciously, then he was dismissed from the guild and his

loom was taken by the guild to fulfill his portion of the annual payment

to the King. The weavers were allowed to buy and to sell in London

freely and quietly. They had all the rights of other freemen of the

city.

Paying an annual payment freed the weavers from liability to

inconsequent royal fines. Failure to make this payment promptly might

have led to loss of the right, hence the rigorous penalty of distraint

upon the looms of individual weavers who fell into arrears.

Thus from the middle of the 1100s, the weavers enjoyed the monopoly of

their craft, rights of supervision which ensured a high standard of

workmanship, power to punish infractions of their privileges, and full

control of their members. In this they stand as the prototype of English

medieval guilds. These rights represented the standard which all bodies

of craftsmen desired to attain. The right of independent jurisdiction

was exceptional.

In Henry II's charter to London, London did not retain its right to

appoint its own sheriff and justice given by Henry I. London's chief

magistrate was the mayor, who was appointed by the King, until 1191.

Then the mayor was elected yearly by the aldermen of the city wards and

approved by the king. He was typically a rich prince chosen by the

barons and chief merchants of London. The commoners had no voice in his

selection, but they could still approve or disapprove of the actions of

the city government at ward and folk motes. At certain periods, a king

asserted royal power over the selection of mayor and governance of the

city. There were three ways to become a citizen of London: being the son

of a citizen, apprenticeship in a craft for seven years, and purchase of

citizenship. London and Westminster growth led to their replacing

Winchester as the capital.

St. Barthomew infirmary was established in London for the care of sick

pilgrims traveling to the shrine of Becket in Canterbury. It had been

inspired by a monk who saw a vision of St. Barthomew telling him to

build a church and an infirmary.

Trading was facilitated by the stabilization of the amount of silver

metallic content of the English coinage, which was called "sterling"

[strong] silver. The compass, a magnetic lodestone [leading stone]

needle mounted on a cork and floated in a bowl of water, assisted the

navigation of ships. With it, one could tell the general direction of a

ship when the skies were cloudy as well as clear. And one could

generally track one's route by using the direction and speed of travel

to calculate one's new position. London became a major trading center

for foreign goods from many lands.

About 5% of the knights were literate. Wealthy men sent their sons to

school in monasteries to prepare them for a livelihood in a profession

or in trade or to the town of Oxford, whose individual scholars had

migrated from Paris and had attracted disciples for a long time. These

schools grew up around St. Mary's Church, but had not been started by

the church as there was no cathedral school in Oxford. Oxford had

started as a burh and had a royal residence and many tradesmen. It was

given its basic charter in 1155 by the King. This confirmed to it all

the customs, laws and liberties [rights] as those enjoyed by London. It

became a model charter for other towns.

Bachelors at Oxford studied the arts of grammar, rhetoric, and logic,

and then music, arithmetic, geometry, and astronomy, until they mastered

their discipline and therefore were authorized to teach it. Teaching

would then provide an income sufficient to support a wife. The master of

arts was analogous to the master craftsman of a guild. From 1190, the

civil law was studied, and shortly thereafter, canon law. Later came the

study of medicine. The use of paper supplemented the use of parchment

for writing. Irregular edged paper was made from linen, cotton, straw,

and/or wood beaten to a pulp and then spread out over a wire mesh to

dry.

Theologicians taught that the universe was made for the sake and

service of man, so man was placed at the center of the universe. Man was

made for the sake and service of God.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 10 / 67 段