swearing to bear him faith of the tenement held and to preserve his
earthly honor in all things, saving the faith owed to the king. Homage
was done for lands, for free tenements, for services, and for rents
precisely fixed in money or in kind. Homage could be done to any free
person, male or female, adult or minor, cleric or layman. A man could do
several homages to different lords for different fees, but there had to
be a chief homage to that lord of whom he held his chief tenement.
Homage was not due for dower, from the husband of a woman to whom a
tenement was given as a marriage portion, for a fee given in free alms,
or until the third heir, either for free maritagium [a marriage portion
which is given with a daughter in marriage, that is not bound to
service] or for the fee of younger sisters holding of the eldest. All
fiefs to be inherited by the eldest son had to be intact. Every lord
could exact fealty from his servants.
In this era, the English national race and character was formed. Only a
few barons still had lands in Normandy. Stories of good King Arthur were
popular and set ideals for behavior and justice in an otherwise barbaric
age where force was supreme. His last battle in which he lay wounded and
told a kinsman to rule in his place and uphold his laws was written in
poem ("Layamon's Brut"). Romantic stories were written and read in
English. The custom of "bundling" was started by ladies with their
knights, who would lie together in bed without undressing and with one
in a sack the top of which was tied around his neck, as part of a
romantic courtship. Wealthy men often gave their daughters dowries in
case they were widowed. This might be matched by a marriage settlement
by a prospective husband.
Intermarriage had destroyed any distinction of Normans by look or
speech alone, except for the Anglo-Saxon manor villeins, who worked the
farm land and composed about two-thirds of the population. Villeins were
bound to the land and could, on flight, be brought back to it. They
could not give homage, but could give fealty. A villein had the
equipment to farm, fish, make cheese, keep poultry, brew beer, hedge,
and cut wood. Although the villeins could not buy their freedom or be
freed by their lord, they became less numerous because of the preference
of landholders for tenants motivated to perform work by potential loss
of tenure. Also, the Crown's protection of all its subjects in criminal
matters blurred the distinction between free and unfree men.
The boroughs were dominated by lords of local manors, who usually had a
house in the borough. Similarly, burgesses usually had farmland outside
the borough. Many boroughs were granted, by the king or manor lord, the
right to have a common seal for the common business of the town. Some
boroughs were given the authority to confer freedom on the villein by
enrolling him in their guild or allowing him to stay in the borough for
a year and a day. The guilds met frequently in their drinking halls and
drew up regulations for the management of their trade. Each borough was
represented by twelve reputable burgesses. Each vill was represented by
a reeve and four reputable men. Certain towns sponsored great seasonal
fairs for special goods, such as cloth. About 5% of the population lived
in towns.
In the early 1180s, the horizontal-axle windmill was invented, probably
in eastern England, on the analogy of the horizontal-axle watermill. It
was very useful in flat areas where streams were too slow for a
watermill unless a dam were built. But a dam often flooded agricultural
land. Some watermill wheels were moved by tidal currents.
London guilds of craftsmen such as weavers, fullers, bakers, loriners
(makers of bits, spurs, and metal mountings of bridles and saddles),
cordwainers (makers of leather goods such as shoes), pepperers, and
goldsmiths were licensed by the King, for which they paid him a yearly
fee. There were also five Bridge Guilds (probably raising money for the
future construction of London Bridge in stone) and St. Lazarus' Guild.
The wealthy guilds, which included the goldsmiths, the pepperers, and
three bridge guilds had landholding members who had been thegns or
knights and now became a class of royal officials: the King's minters,
his chamberlain, his takers of wines, his collectors of taxes. The
weavers of Oxford paid 27s. [two marks] to have a guild. The shoemakers
paid 67s. [five marks].
In 1212, master carpenters, masons, and tilers made 3d. per day, their
servers (the journeymen of a later time) made 1 1/2 d., free stone
carvers 2 1/2 d., plasterers and daubers, diggers and sievers less. All
received food in addition or 1 1/2 d. in its stead.
Sandwich was confirmed in its port rights by this charter: "Henry II to
his sheriff and bailiffs of Kent, greeting. I will and order that the
monks of the Holy Trinity of Canterbury shall have fully all those
liberties and customs in Sandwich which they had in the time of King
Henry my grandfather, as it was adjudged in pursuance of his command by
the oath of twelve men of Dover and twelve men of Sandwich, to wit, that
the aforesaid monks ought to have the port and the toll and all maritime
customs in the same port, on either side of the water from Eadburge gate
as far as markesfliete and a ferryboat for passage. And no man has there
any right except they and their ministers. Wherefore I will and firmly
command you and the men of Sandwich that ye cause the aforesaid monks to
have all their customs both in the port and in the town of Sandwich, and
I forbid any from vexing them on this account.And they shall have my
firm peace."
Henry gave this charter to the town of Bristol in 1164: "Know ye, that
I have granted to my burgesses of Bristol, that they shall be quit both
of toll [a reasonable sum of money or portion of the thing sold, due to
the owner of the fair or market on the sale of things tollable therein.
It was claimed by the lord of the fee where the fair or market was held,
by virtue of a grant from the Crown either ostensible or presumed] and
passage [money paid for crossing a river or for crossing the sea as
might be due to the Crown] and all custom [customary payments]
throughout my whole land of England, Normandy, and Wales, wherever they
shall come, they and their goods. Wherefore I will and strictly command,
that they shall have all their liberties and acquittances and free
customs fully and honorable, as my free and faithful men, and that they
shall be quit of toll and passage and of every other customs: and I
forbid any one to disturb them on this account contrary to this my
charter, on forfeiture of ten pounds [200s.]."
John, when he was an earl and before he became King, granted these
liberties to Bristol about 1188:
1) No burgess may sue or be sued out of Bristol.
2) The burgesses are excused from the murder fine (imposed by the king
or lord from the hundred or town where the murder was committed when the
murderer had not been apprehended).
3) No burgess may wage duel [trial by combat], unless sued for death of
a stranger.
4) No one may take possession of a lodging house by assignment or by
livery of the Marshall of the Earl of Gloucester against the will of the
burgesses (so that the town would not be responsible for the good
behavior of a stranger lodging in the town without first accepting the
possessor of the lodging house).
5) No one shall be condemned in a matter of money, unless according to
the law of the hundred, that is, forfeiture of 40s.
6) The hundred court shall be held only once a week.
7) No one in any plea may argue his cause in miskenning.
8) They may lawfully have their lands and tenures and mortgages and
debts throughout my whole land, [from] whoever owes them [anything].
9) With regard to debts which have been lent in Bristol, and mortgages
there made, pleas shall be held in the town according to the custom of
the town.
10) If any one in any other place in my land shall take toll of the men
of Bristol, if he does not restore it after he is required to, the
Prepositor of Bristol may take from him a distress at Bristol, and
force him to restore it.
11) No stranger tradesman may buy within the town from a man who is a
stranger, leather, grain, or wool, but only from a burgess.
12) No stranger may have a shop, including one for selling wine, unless
in a ship, nor shall sell cloth for cutting except at the fair.
13) No stranger may remain in the town with his goods for the purpose of
selling his goods, but for forty days.
14) No burgess may be confined or distrained any where else within my
land or power for any debt, unless he is a debtor or surety (to avoid a
person owed a debt from distraining another person of the town of the
debtor).
15) They shall be able to marry themselves, their sons, their daughters
and their widows, without the license of their lords. (A lord had the
right of preventing his tenants and their families from marrying without
his consent.)
16) No one of their lords shall have the wardship or the disposal of
their sons or daughters on account of their lands out of the town, but
only the wardship of their tenements which belong to their own fee,
until they become of age.
17) There shall be no recognition [acknowledgment that something done by
another person in one's name had one's authority] in the town.
18) No one shall take tyne [wooden barrel with a certain quantity of
ale, payable by the townsmen to the constable for the use of the castle]
unless for the use of the lord Earl, and that according to the custom of
the town.
19) They may grind their grain wherever they may choose.
20) They may have their reasonable guilds, as well or better than they
had them in the time of Robert and his son William [John's wife's
grandfather and father, who were earls of Gloucester when the town and
castle of Bristol were part of the honor of Gloucester].
21) No burgess may be compelled to bail any man, unless he himself
chooses it, although he may be dwelling on his land.
We have also granted to them all their tenures, messuages [dwelling
house with adjoining land and adjacent buildings], in copses [thicket
from which wood was cut], in buildings on the water or elsewhere to be
held in free burgage [tenant to pay only certain fixed services or
payments to his lord, but not military service (like free socage)]. We
have granted also that any of them may make improvements as much as he
can in erecting buildings anywhere on the bank and elsewhere, as long as
the borough and town are not damaged thereby. Also, they shall have and
possess all waste land and void grounds and places, to be built on at
their pleasure.
Newcastle-on-Tyne's taxes were simplified in 1175 as follows:
"Know ye that I have granted and by this present charter have confirmed
to my burgesses of Newcastle upon Tyne, and to all their things which
they can assure to be their own, acquittance from toll and passage and
pontage and from the Hanse and from all other customs throughout all my
land. And I prohibit all persons from vexing or disturbing them therein
upon forfeiture to me."
We grant to our upright men on Newcastle-on-Tyne and their heirs our
town of Newcastle-on-Tyne with all its appurtenances at fee farm for 100
pounds to be rendered yearly to us and our heirs at our Exchequer by
their own hand at the two terms, to wit, at Easter 50 pounds and at
Michaelmas 50 pounds, saving to us our rents and prizes and assizes in
the port of the same town.
Ranulph, earl of Chester, made grants to his burgesses of Coventry by
this charter: "That the aforesaid burgesses and their heirs may well and
honorably quietly and in free burgage hold of me and my heirs as ever in
the time of my father and others of my ancestors they have held better
more firmly and freer. In the second place I grant to them all the free
and good laws which the burgesses of Lincoln have better and freer. I
prohibit and forbid my constables to draw them into the castle to plead
for any cause, but they may freely have their portimote [leet court] in
which all pleas belonging to me and them may be justly treated of.
Moreover they may choose from themselves one to act for me whom I
approve, who a justice under me and over them may know the laws and
customs, and keep them to my counsel in all things reasonable, every
excuse put away, and may faithfully perform to me my rights. If any one
happen to fall into my amercement he may be reasonably fined by my
bailiff and the faithful burgesses of the court. Furthermore, whatever
merchants they have brought with them for the improvement of the town, I
command that they have peace, and that none do them injury or unjustly
send them into court. But if any foreign merchant shall have done
anything improper in the town that same may be regulated in the
portimote before the aforesaid justice without a suit at law."
Henry confirmed this charter of the earl's by 1189 as follows: I have
confirmed all the liberties and free customs the earl of Chester granted
to them, namely, that the same burgesses may well and honorably hold in
free burgage, as ever in the time of the father of the beforesaid earl,
or other of his ancestors, they may have better or more firmly held; and
they may have all the laws and customs which the citizens of Lincoln
have better and freer (e.g. their merchant guilds); all men brought to
trade may be subject to the guild customs and assize of the town; those
who lawfully hold land in the town for a year and a day without question
and are able to prove that an accuser has been in the kingdom within the
year without finding fault with them, from thence may hold the land well
and in peace without pleading; those who have remained in the town a
year and a day without question, and have submitted to the customs of
the town and the citizens of the town are able to show through the laws
and customs of the town that the accuser stood forth in the kingdom, and
not a fault is found of them, then they may remain in peace in the town
without question]; and that the constable of the aforesaid earl shall
not bring them into the castle to plead in any case. But they may freely
have their own portmanmote in which all pleas appertaining to the earl
and to them may be justly treated of. Moreover they may choose one from
themselves to act for the earl, whom I approve, who may be a justice
under the earl and over them, and who to the earl may faithfully perform
his rights, and if anyone happen to fall into the earl's forfeiture he
shall be acquit for 12 pence. If by the testimony of his neighbors he
cannot pay 12 pence coins, by their advice it shall be so settled as he
is able to pay, and besides, with other acquittances, that the burgesses
shall not provide anything in corody [allowance in food] or otherwise
whether for the said earl or his men, unless upon condition that their
chattels shall be safe, and so rendered to them. Furthermore, whatever
merchants they have brought with them for the improvement of the town
they may have peace, and none shall do them injury or unjustly send them
into suit at law. But if any foreign merchant has done anything improper
in the town that shall be amended [or tried] in the portmanmote before
the aforesaid justice without a suit. And they who may be newcomers into
the town, from the day on which they began to build in the town for the
space of two years shall be acquit of all charges.
Mercantile privileges were granted to the shoemakers in Oxford thus:
"Know ye that I have granted and confirmed to the corvesars of Oxford
all the liberties and customs which they had in the time of King Henry
my grandfather, and that they have their guild, so that none carry on
their trade in the town of Oxford, except he be of that guild. I grant
also that the cordwainers who afterwards may come into the town of
Oxford shall be of the same guild and shall have the same liberties and
customs which the corvesars have and ought to have. For this grant and
confirmation, however, the corvesars and cordwainers ought to pay me
every year an ounce of gold."
A guild merchant for wool dominated and regulated the wool trade in
many boroughs. In Leicester, only guildsmen were permitted to buy and
sell wool wholesale to whom they pleased or to wash their fells in
borough waters. Certain properties, such as those near running water,
essential to the manufacture of wool were maintained for the use of
guild members. The waterwheel was a technological advance replacing
human labor whereby the cloth was fulled. The waterwheel turned a shaft
which lifted hammers to pound the wet cloth in a trough. Wool packers
and washers could work only for guild members. The guild fixed wages,
for instance to wool wrappers and flock pullers. Strangers who brought
wool to the town for sale could sell only to guild members. A guildsman
could not sell wool retail to strangers nor go into partnership with a
man outside the guild. Each guild member had to swear the guildsman's
oath, pay an entrance fee, and subject himself to the judgment of the
guild in the guild court, which could fine or suspend a man from
practicing his trade for a year. The advantages of guild membership
extended beyond profit in the wool trade. Members were free from the
tolls that strangers paid. They alone were free to sell certain goods
retail. They had the right to share in any bargain made in the presence
of a guildsman, whether the transaction took place in Leicester or in a
distant market. In the general interest, the guild forbade the use of
false weights and measures and the production of shoddy goods. It
maintained a wool beam for weighing wool. It also forbade middlemen from
profiting at the expense of the public. For instance, butchers' wives
were forbidden from buying meat to sell again in the same market unless
they cooked it. The moneys due to the king from the guilds of a town
were collected by the town reeve.
When the king wanted to raise an army, he summoned his major baron
tenants-in-chief, who commanded their own armed dependent vassals, and
he directed the sheriffs to command the minor tenants-in-chief and
supply them with equipment. A baron could assemble an army in a day, but
might use it to resist any perceived misgovernment by a king. Armed
conflict did not interfere much with daily life because the national
wealth was still composed mostly of flocks and herds and simple
buildings. Machinery, furniture, and the stock of shops were still
sparse. Life would be back to normal within a week.
Henry wanted to check this power of the barons. So he took over or
demolished their adulterine castles and restored the fyrd, which was a
military draft of every freeman to serve in defense of the realm. At the
King's call, barons were to appear in mail suit and helmet with sword
and horse, knights and freeholders with 213s.[16 marks] of rent or
chattels in coat of mail with shield and lance, freeholders of 133s.[10
marks] with lance and hauberk [coat of armor] and iron headpiece,
burgesses and poorer freemen with lance and headpiece and wambais, and
such as millers with pike and leather shirt. The spiritual and other
baronies paid a commutation for personal service, called "scutage", at
the rate of 27s. per knight's fee. Barons and knights paid according to
their knight's fee a scutage ranging from 10s. to 27s. As of 1181, the
military obligations of villeins were defined. The master of a household
was responsible for every villein in his household. Others had to form
groups of ten and swear obedience to the chief of the group. The sheriff
was responsible for maintaining lists of men liable for military service
and procuring supplies. This national militia could be used to maintain
the peace. The sheriff could call upon the military array of the county
as a "posse comitatus" to take a band of thieves into custody or to
quell disorder. For foreign wars, Henry decided to use a mercenary army
and a mercenary fleet.
However, the nobility who were on the borders of the realm had to
maintain their private armies for frequent border clashes. The other
nobility now tended towards tournaments with mock foot battles between
two sides. Although subject to knightly rules, serious injury and death
often resulted. For this reason, the church opposed them, but
unsuccessfully.
New taxes replaced the Danegeld tax. Freeholders of land paid taxes
according to their ploughable land ("hidage", by the hide, and later
"carucage", by the smaller Norman carucate). The smaller measure
curtailed estates and increased taxation. It was assessed from 2-5s. per
carcuate [100 acres] and collected for the king by knights with little
or no remuneration, and later by inquest of neighbors. The towns and
demesne lands of the crown paid a tax based on their produce that was
collected by the itinerant justices. Merchants were taxed on their
personal property, which was determined by an inquest of neighbors.
Clergy were also taxed. This new system of taxation increased the royal
income about threefold. There was a standard for reliefs paid of 100s.
[5 pounds] for a knight's fee and 2,000s. [100 pounds] for a barony. At
the end of Henry's reign, his treasure was over 900,000 pounds. Every
hide of land paid the sheriff 2s. annually for his services in the
administration and defense of the county.
Barons and their tenants and subtenants were offered an alternative of
paying shield money ["scutage"] of 26s.8d. per fee in commutation for
and instead of military service for their fiefs. This enabled Henry to
hire soldiers who would be more directly under his own control and to
organize a more efficient army.
Henry II restored the silver coinage to its standard of purity. The
first great inflation in England occurred between 1180 and 1220. Most
goods and services increased threefold over these forty years.
Great households, whether of baron, prelate, monastery, or college gave
their officers and servants allowances of provisions and clothing called
"liveries". The officer of such departments as the buttery [cellar
storing butts of wine], the kitchen, the napery [for linen cloth], and
the chandlery had his fixed allowances for every day and his livery of
clothing at fixed times of the year or intervals of years.
The administration of a great estate is indicated by the Pipe Roll of
the Bishopric of Winchester, 1208-1209, as follows:
"Downton: William FitzGilbert, and Joselyn the reeve, and Aylward the
cellarer render account of 7 pounds 12s.11d. for arrears of the previous
year. They paid and are quit. And of 3 pounds 2s.2d. for landgafol. And
of 12d. by increment of tax for a park which William of Witherington
held for nothing. And of 2s.6d. by increment of tax for half a virgate
of land which James Oisel held without service. And of 19s. for 19
assize pleas in the new market. And of 10s. by increment of tax for 10
other assize pleas in the market this year. Sum of the whole tax 36
pounds 14s.8d. In quittance of one reeve, 5s. In quittance for repairing
the bridge, 5s.; of one forester, 4s.; of two haywards from Downton and
Wick, 4s.; of one hayward from Witherington, 20d.; of fourteen drivers
from Downton, Wick, and Nunton, for the year, 28s.; of two drivers from
Witherington for the year, 4s.4d.; of two drivers for half the year,
2s.; of one swineherd, of one neaterd, of one cowherd, for the year,
6s.; of three shepherds from Wick, Barford, and Nunton, for the year,
6s.; of one shepherd from Witherington, for the year, 20d.; of four
customary tenants, for the year, 8s. Sum of the quittances, 74s.8d.
Remainder 33 pounds.
Livery: For livery to John the dean, for Christmas tax, 7 pounds 10s. by
one tally. To the same for Easter tax, 8 pounds by one tally. To the
same for St. John's tax, 8 pounds by one tally. To the same for St.
Michael's tax, 8 pounds 10s. by one tally. To the same for corn [grain]
sold in the field 26 pounds by two tallies. To the same for standing
corn [growing crops of grain], purchases, and cheeses, 20 pounds
16s.10d. To the same for wool, 6 pounds 13s.4d. by one tally. To the
same for tallage 39 pounds by one tally. Sum: 134 pounds 10s.2d.