County courts were the center of decision-making regarding judicial,

fiscal, military, and general administrative matters. The writs for the

conservation of the peace, directing the taking of the oath, the pursuit

of malefactors, and the observance of watch and ward, were proclaimed in

full county court; attachments were made in obedience to them in the

county court. The county offices were: sheriff, coroner, escheator, and

constable or bailiff. There were 28 sheriffs for 38 counties. The

sheriff was usually a substantial landholder and a knight who had been

prominent in the local court. He usually had a castle in which he kept

persons he arrested. He no longer bought his office and collected

certain rents for himself, but was a salaried political appointee of the

King. He employed a deputy or undersheriff, who was an attorney, and

clerks. If there was civil commotion or contempt of royal authority, the

sheriff of the county had power to raise a posse of armed men to restore

order. The coroner watched the interests of the crown and had duties in

sudden deaths, treasure trove, and shipwreck cases. There were about

five coroners per county and they served for a number of years. They

were chosen by the county court. The escheator was appointed annually by

the Treasurer to administer the Crown's rights in feudal land, which

until 1242 had been the responsibility of the sheriff. He was usually

chosen from the local gentry. The constable and bailiff operated at the

hundred and parish [the geographical area of a church's members] level

to detect crime and keep the peace. They assisted sheriffs and Justices

of the Peace, organized watches for criminals and vagrants at the

village level, and raised the hue and cry along the highway and from

village to village in pursuit of offenders who had committed felony or

robbery. The constables also kept the royal castles; they recruited,

fed, and commanded the castle garrison.

County knights served sheriffs, coroners, escheators, and justices on

special royal commissions of gaol-delivery. They sat in judgment in the

county court at its monthly meetings, attended the two great annual

assemblies when the lord, knights and freeholders of the county gathered

to meet the itinerant justices who came escorted by the sheriff and

weapon bearers. They served on the committees which reviewed the

presentments of the hundreds and village, and carried the record of the

county court to Westminster when summoned there by the kings' justices.

They served on the grand assize. As elected representatives of their

fellow knights of the county, they assessed any taxes due from each

hundred. Election might be by nomination by the sheriff from a fixed

list, by choice, or in rotation. They investigated and reported on local

abuses and grievances. The King's justices and council often called on

them to answer questions put to them on oath. In the villages, humbler

freeholders and sokemen were elected to assess the village taxes. Six

villeins answered for the village's offenses before the royal itinerant

justice.

Reading and writing in the English language was taught. The use of

English ceased to be a mark of vulgarity. In 1258 the first governmental

document was issued in English as well as in Latin and French, and later

Latin started falling into disuse. Boys of noblemen were taught reading,

writing, Latin, a musical instrument, athletics, riding, and gentlemanly

conduct. Girls were taught reading, writing, music, dancing, and perhaps

household nursing and first aid, spinning, embroidery, and gardening.

Girls of high social position were also taught riding and hawking.

Grammar schools taught, in Latin, grammar, dialectic (ascertaining word

meaning by looking at its origin, its sound (e.g. soft or harsh), its

power (e.g. robust and strong sound), its inflection, and its order; and

avoiding obscurity and ambiguity in statements), and rhetoric [art of

public speaking, oratory, and debate]. The teacher possessed the only

complete copy of the Latin text, and most of the school work was done

orally. Though books were few and precious, the students read several

Latin works. Girls and boys of high social position usually had private

teachers for grammar school, while boys of lower classes were sponsored

at grammar schools such as those at Oxford. Discipline was maintained by

the birch or rod.

There was no examination for admission as an undergraduate to Oxford,

but a knowledge of Latin with some skill in speaking Latin was a

necessary background. The students came from all backgrounds. Some had

their expenses paid by their parents, while others had the patronage of

a churchman, a religious house, or a wealthy layman. They studied the

"liberal arts", which derived its name from "liber" or free, because

they were for the free men of Rome rather than for the economic purposes

of those who had to work. The works of Greek authors such as Aristotle

were now available; the European monk Thomas Aquinas had edited

Aristotle's works to reconcile them to church doctrine. He opined that

man's intellectual use of reason did not conflict with the religious

belief that revelation came only from God, because reason was given to

man by God. He shared Aristotle's belief that the earth was a sphere,

and that the celestial bodies moved around it in perfect circles. Latin

learning had already been absorbed without detriment to the church.

A student at Oxford would become a master after graduating from a seven

year course of study of the seven liberal arts: [grammar, rhetoric (the

source of law), Aristotelian logic (which differentiates the true from

the false), arithmetic, including fractions and ratios, (the foundation

of order), geometry, including methods of finding the length of lines,

the area of surfaces, and the volume of solids, (the science of

measurement), astronomy (the most noble of the sciences because it is

connected with divinity and theology), music and also Aristotle's

philosophy of physics, metaphysics, and ethics; and then lecturing and

leading disputations for two years. He also had to write a thesis on

some chosen subject and defend it against the faculty. A Master's degree

gave one the right to teach. Further study for four years led to a

doctorate in one of the professions: theology and canon or civil law.

There were about 1,500 students in Oxford. They drank, played dice,

quarreled a lot and begged at street corners. There were mob fights

between students from the north and students from the south and between

students and townsmen. But when the mayor of Oxford hanged two students

accused of being involved in the killing of a townswoman, many masters

and students left for Cambridge. In 1214, a charter created the office

of Chancellor of the university at Oxford. He was responsible for law

and order and, through his court, could fine, imprison, and

excommunicate offenders and expel undesirables such as prostitutes from

the town. He had authority over all crimes involving scholars, except

murder and mayhem. The Chancellor summoned and presided over meetings of

the masters and came to be elected by indirect vote by the masters who

had schools, usually no more than a room or hall with a central hearth

which was hired for lectures. Students paid for meals there. Corners of

the room were often partitioned off for private study. At night, some

students slept on the straw on the floor. Six hours of sleep were

considered sufficient. In 1231, the king ordered that every student must

have his name on the roll of a master and the masters had to keep a list

of those attending his lectures.

In 1221 the friars established their chief school at Oxford. They were

bound by oaths of poverty, obedience, and chastity, but were not

confined within the walls of a monastery. They walked barefoot from

place to lace preaching. They begged for their food and lodgings. They

replaced monks, who had become self-indulgent, as the most vital

spiritual force among the people.

The first college was founded in 1264 by Walter de Merton, former

Chancellor to the King, at Oxford. A college had the living arrangements

of a Hall, with the addition of monastic-type rules. A warden and about

30 scholars lived and ate meals together in the college buildings.

Merton College's founding documents provided that:

[1] "The house shall be called the House of the Scholars of Merton, and

it shall be the residence of the Scholars forever.

[2] There shall be a constant succession of scholars devoted to the

study of letters, who shall be bound to employ themselves in the study

of Arts or Philosophy, the Canons or Theology. Let there also be one

member of the collegiate body, who shall be a grammarian, and must

entirely devote himself to the study of grammar; let him have the care

of the students in grammar, and to him also let the more advanced have

recourse without a blush, when doubts arise in their faculty.

[3] There is to be one person in every chamber, where Scholars are

resident, of more mature age than the others, who is to make his report

of their morals and advancement in learning to the Warden

[4] The Scholars who are appointed to the duty of studying in the House

are to have a common table, and a dress as nearly alike as possible.

[5] The members of the College must all be present together, as far as

their leisure serves, at the canonical hours and celebration of masses

on holy and other days.

[6] The Scholars are to have a reader at meals, and in eating together

they are to observe silence, and to listen to what is read. In their

chambers, they must abstain from noise and interruption of their

fellows; and when they speak they must use the Latin language.

[7] A Scrutiny shall be held in the House by the Warden and the Seniors,

and all the Scholars there present, three times a year; a diligent

inquiry is to be instituted into the life, conduct, morals, and progress

in learning, of each and all; and what requires correction then is to be

corrected, and excesses are to be visited with condign punishment. . ."

Educated men (and those of the 1200s through the 1500s), believed that

the earth was the center of the universe and that it was surrounded by a

giant spherical dome on which the stars were placed. The sun and moon

and planets were each on a sphere around the earth that was responsible

for their movements. The origin of the word "planet" meant "wanderer"

because the motion of the planets changed in direction and speed.

Astrology explained how the position of the stars and planets influenced

man and other earthly things. For instance, the position of the stars at

a person's birth determined his character. The angle and therefore

potency of the sun's rays influenced climate, temperament, and changes

of mortal life such as disease and revolutions. Unusual events such as

the proximity of two planets, a comet, an eclipse, a meteor, or a nova

were of great significance. A star often was thought to presage the

birth of a great man or a hero. There was a propitious time to have a

marriage, go on a journey, make war, and take herbal medicine or be bled

by leeches, the latter of which was accompanied by religious ceremony.

Cure was by God, with medical practitioners only relieving suffering.

But there were medical interventions such as pressure and binding were

applied to bleeding. Arrow and sword wounds to the skin or to any

protruding intestine were washed with warm water and sewn up with needle

and silk thread. Ribs were spread apart by a wedge to remove arrow

heads. Fractured bones were splinted or encased in plaster. Dislocations

were remedied. Hernias were trussed. Bladder stones blocking urination

were pushed back into the bladder or removed through an artificial

opening in the bladder. Surgery was performed by butchers, blacksmiths,

and barbers.

Roger Bacon, an Oxford master, began the science of physics. He read

Arab writers on the source of light rays being from the object seen, the

nature of refraction and reflection of light, and the properties of

lenses. He studied the radiation of light and heat. He studied angles of

reflection in plane, spherical, cylindrical, and conical mirrors, in

both their concave and convex aspects. He did experiments in refraction

in different media, e.g. air, water, and glass, and knew that the human

cornea refracted light, and that the human eye lens was doubly convex.

He comprehended the magnifying power of convex lenses and conceptualized

the combination of lenses which would increase the power of vision by

magnification. He realized that rays of light pass so much faster than

those of sound or smell that the time is imperceptible to humans. He

knew that rays of heat and sound penetrate all matter without our

awareness and that opaque bodies offered resistance to passage of light

rays. He knew the power of parabolic concave mirrors to cause parallel

rays to converge after reflection to a focus and knew that a mirror

could be produced that would start a fire at a fixed distance. These

insights made it possible for jewelers and weavers to use lenses to view

their work instead of glass globes full of water, which distorted all

but the center of the image: "spherical aberration". The lens, whose

opposite surfaces were sections of spheres, took the place of the

central parts of the globe over the image.

He knew about magnetic poles attracting, if different and repelling, if

the same, and the relation of magnets' poles to those of the heavens and

earth. He calculated the circumference of the world and the latitude and

longitude of terrestrial positions. He foresaw sailing around the world.

He studied the planetary motions and astronomical tables to forecast

future events. He did calculations on days in a month and days in a year

which later contributed to the legal definition of a leap year. His

explanation of a rainbow as a result of natural laws was contrary to

theological opinion that a rainbow was placed in the heavens to assure

mankind that there was not to be another universal deluge.

Bacon began the science of chemistry when he took the empirical

knowledge as to a few metals and their oxides and some of the principal

alkalis, acids, and salts to the abstract level of metals as compound

bodies the elements of which might be separated and recomposed and

changed among the states of solid, liquid, and gas. When he studied

man's physical nature, health, and disease, he opined that the

usefulness of a talisman was not to bring about a physical change, but

to bring the patient into a frame of mind more conducive to physical

healing. He urged that there be experiments in chemistry to develop

medicinal drugs.

He studied different kinds of plants and the differences between arable

land, forest land, pasture land, and garden land.

Bacon was an extreme proponent of the inductive method of finding

truths, e.g. by categorizing all available facts on a certain subject to

ascertain the natural laws governing it. His contribution to the

development of science was abstracting the method of experiment from the

concrete problem to see its bearing and importance as a universal method

of research. He advocated changing education to include studies of the

natural world using observation, exact measurement, and experiments.

The making and selling of goods diverged e.g. as the cloth merchant

severed from the tailor and the leather merchant severed from the

butcher. These craftsmen formed themselves into guilds, which sought

charters to require all craftsmen to belong to the guild of their craft,

to have legal control of the craft work, and be able to expel any

craftsman for disobedience. These guilds were composed of master

craftsmen, their journeymen, and apprentices. These guilds determined

the wages and working conditions of the craftsmen and petitioned the

borough authorities for ordinances restraining trade, for instance by

controlling the admission of outsiders to the craft, preventing

foreigners from selling in the town except at fairs, limiting purchases

of raw materials to suppliers within the town, forbidding night work,

restricting the number of apprentices to each master craftsmen, and

requiring a minimum number of years for apprenticeships. In return,

these guilds assured quality control. In some boroughs, they did work

for the town, such as maintaining certain defensive towers or walls of

the town near their respective wards. In some boroughs, fines for

infractions of these regulations were split between the guild and the

government.

In some towns, the merchant guilds attempted to directly regulate the

craft guilds. Crafts fought each other. There was a street battle with

much bloodshed between the goldsmiths and the parmenters and between the

tailors and the cordwainers in 1267 in London. There was also a major

fight between the goldsmiths and the tailors in 1268. The Parish Clerks'

Company was chartered in 1233.

The citizens of London had a common seal for the city. London merchants

traveled throughout the nation with goods to sell exempt from tolls.

Most of the London aldermen were woolmongers, vintners, skinners, and

grocers by turns or carried on all these branches of commerce at once.

Jews were allowed to make loans with interest up to 2d. a week for 20s.

lent. There are three inns in London. Inns typically had narrow facades,

large courtyards, lodging and refreshment for the well-off, warehousing

and marketing facilities for merchants, and stabling and repairs for

wagons. Caregiving infirmaries such as "Bethlehem Hospital" were

established in London. One was a lunatic infirmary founded by the

sheriff of London. Only tiles were used for roofing in London, because

wood shingles were fire hazards and fires in London had been frequent.

Some areas near London are disclaimed by the king to be royal forest

land, so all citizens could hunt there and till their land there without

interference by the royal foresters. The Sheriff's court in London lost

its old importance and handled mainly trespass and debt cases, while

important cases went to the Hustings, which was presided over by the

Mayor with the sheriffs and aldermen in attendance. From the early

1200s, the Mayor's Court took on the work which the weekly Husting could

not manage. This consisted mostly of assault and robbery cases. Murder

and manslaughter cases were left to the royal courts.

London aldermen were elected by the citizens of their respective wards

in wardmotes, in which was also arranged the watch, protection against

fire, and probably also assessment of the taxes within the ward. There

was much effort by the commoners to influence the governance of the

city. In 1261 they forced their way into the townmote and by this brute

show of strength, which threatened riot, they made their own candidate

mayor. Subsequent elections were tumultuous.

The Tower of London now had outer walls of fortress buildings

surrounded by a wide and deep moat, over which was one stone causeway

and wooden drawbridge. Within this was an inner curtain wall with twelve

towers and an inner moat. The palace within was a principal residence of

English monarchs, whose retinue was extensive, including the chief

officers of state: Lord High Steward, Lord High Chancellor, Lord High

Treasurer, Lord Great Chamberlain, Lord High Constable, Keeper of the

Seals, and the King's Marshall; lesser officials such as the Chamberlain

of the Candles, Keeper of the Tents, Master Steward of the Larder, Usher

of the Spithouse, Marshall of the Trumpets, Keeper of the Books, Keeper

of the Dishes and of the Cups, and Steward of the Buttery; and numbers

of cat hunters, wolf catchers, clerks and limners, carters, water

carriers, washerwomen and laundresses, chaplains, lawyers, archers,

huntsmen, hornblowers, barbers, minstrels, guards and servitors, and

bakers and confectioners. The fortress also contained a garrison,

armory, chapels, stables, forge, wardrobe for a tailor's workroom and

secure storage of valuable clothes, silver plate, and expensive imports

such as sugar, rice, almonds, dried fruits, cinnamon, saffron, ginger,

galingale, zedoary, pepper, nutmeg, and mace. There was a kitchen with

courtyard for cattle, poultry, and pigs; dairy, pigeon loft, brewery,

beehives, fruit stores, gardens for vegetables and herbs; and sheds for

gardeners. There was also a mint, which minted a gold penny worth 2s. of

silver, a jewel house, and a menagerie (with leopards, lions, a bear,

and an elephant). The fortress also served as a state prison. Most

prisoners there had opposed the royal will; they were usually permitted

to live in quarters in the same style they were used to, including

servants and visits by family and friends. But occasionally prisoners

were confined in irons in dark and damp dungeons.

The King's family, immediate circle, and most distinguished guests

dined elegantly in the Great Hall at midday. They would first wash their

hands in hot water poured by servants over bowls. The table had silver

plate, silver spoons, and cups of horn, crystal, maple wood, or silver

laid on a white cloth. Each guest brought his own knife in a leather

sheath attached to a belt or girdle. A procession of servitors brought

the many dishes to which the gentlemen helped the ladies and the young

their seniors by placing the food in scooped-out half-loaves of bread

that were afterwards distributed to the poor. A wine cup was handed

around the table. In the winter after dinner, there would often be games

of chess or dice or songs of minstrels, and sometimes dancing, juggler

or acrobat displays, or storytelling by a minstrel. In the summer there

were outdoor games and tournaments. Hunting with hounds or hawks was

popular with both ladies and gentlemen. The King would go to bed on a

feather mattress with fur coverlet that was surrounded by linen

hangings. His grooms would sleep on trundle beds in the same room. The

queen likewise shared her bedchamber with several of her ladies sleeping

on trundle beds. Breakfast was comprised of a piece of bread and a cup

of wine taken after the daily morning mass in one of the chapels.

Sometimes a round and deep tub was brought into the bedchamber by

servants who poured hot water onto the bather in the tub. Baths were

often taken in the times of Henry III, who believed in cleanliness and

sanitation. Henry III was also noted for his luxurious tastes. He had a

linen table cloth, goblets of mounted cocoa-nut, a glass cup set in

crystal, and silk and velvet mattresses, cushions, and bolster. He had

many rooms painted with gold stars, green and red lions, and painted

flowers. To his sister on her marriage, he gave goldsmith's work, a

chess table, chessmen in an ivory box, silver pans and cooking vessels,

robes of cloth of gold, embroidered robes, robes of scarlet, blue, and

green fine linen, Genoese cloth of gold, two napkins, and thirteen

towels.

In the King's 1235 grant to Oxford, the Mayor and good men were

authorized to take weekly for three years 1/2 d. on every cart entering

the town loaded with goods, if it was from the county, or 1d. if it came

from outside the county; 1/4 d. for every horse load, except for

brushwood; 1/2 d. on every horse, mare, ox, or cow brought to sell; and

1/2 d. for every five sheep, goats, or pigs.

English ships had one mast with a square sail. The hulls were made of

planks overlapping each other. There was a high fore castle [tower] on

the bow, a top castle on the mast, and a high stern castle from which to

shoot arrows down on other ships. There were no rowing oars, but

steering was still by an oar on the starboard side of the ship. The

usual carrying capacity was 30 tuns [big casks of wine each with about

250 gallons]. On the coasts there were lights and beacons. Harbors at

river mouths were kept from silting up. Ships were loaded from piers.

The construction of London Bridge had just been finished. Bricks began

to be imported for building. About 10% of the population lived in towns.

Churches had stained glass windows.

Newcastle-on-Tyne received these new rights:

1. And that they shall justly have their lands and tenures and

mortgages and debts, whoever owes them to them.

2. Concerning their lands and tenures within the town, right shall be

done to them according to the custom of the city Winton.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 16 / 67 段