People told time by counting the number of rings of the church bell,

which rang on the hour. Every Sunday, the villagers went to church,

which was typically the most elaborate and centrally located building in

the village. The parishioners elected churchwardens, who might be women.

This religion brought comfort and hope of going to heaven after judgment

by God at death if sin was avoided. On festival days, Bible stories,

legends, and lives of saints were read or performed as miracle dramas.

They learned to avoid the devil, who was influential in lonely places

like forests and high mountains. At death, the corpse was washed,

shrouded, and put into a rectangular coffin with a cross on its lid.

Priests sang prayers amid burning incense for the deliverance of the

soul to God while interring the coffin into the ground. Men who did not

make a will risked the danger of an intestate and unconfessed death. The

personal property of a man dying intestate now went to the church as a

trust for the dead man's imperiled soul instead of to the man's lord.

Unqualified persons entered holy orders thereby obtaining "benefit of

clergy", and then returned to secular employments retaining this

protection.

A villein could be forever set free from servitude by his lord as in

this example:

"To all the faithful of Christ to whom the present writing shall come,

Richard, by the divine permission, abbot of Peterborough and of the

Convent of the same place, eternal greeting in the Lord: Let all know

that we have manumitted and liberated from all yoke of servitude

William, the son of Richard of Wythington, whom previously we have held

as our born bondman, with his whole progeny and all his chattels, so

that neither we nor our successors shall be able to require or exact any

right or claim in the said William, his progeny, or his chattels. But

the same William, with his whole progeny and all his chattels, shall

remain free and quit and without disturbance, exaction, or any claim on

the part of us or our successors by reason of any servitude forever.

We will, moreover, and concede that he and his heirs shall hold the

messuages, land, rents, and meadows in Wythington which his ancestors

held from us and our predecessors, by giving and performing the fine

which is called merchet for giving his daughter in marriage, and tallage

from year to year according to our will, - that he shall have and hold

these for the future from us and our successors freely, quietly,

peacefully, and hereditarily, by paying to us and our successors yearly

40s. sterling, at the four terms of the year, namely: at St. John the

Baptist's day 10s., at Michaelmas 10s., at Christmas 10s., and at Easter

10s., for all service, exaction, custom, and secular demand; saving to

us, nevertheless, attendance at our court of Castre every three weeks,

wardship, and relief, and outside service of our lord the King, when

they shall happen. And if it shall happen that the said William or his

heirs shall die at any time without an heir, the said messuage, land

rents, and meadows with their appurtenances shall return fully and

completely to us and our successors. Nor will it be allowed to the said

William or his heirs to give, sell, alienate, mortgage, or encumber in

any way, the said messuage, land, rents, and meadows, or any part of

them, by which the said messuage, land, rents, and meadows should not

return to us and our successors in the form declared above. And if this

should occur later, their deed shall be declared null, and what is thus

alienated shall come to us and our successors...

Given at Borough, for the love of Lord Robert of good memory, once

abbot, our predecessor and maternal uncle of the said William, and at

the instance of the good man, Brother Hugh of Mutton, relative of the

said abbot Robert, A.D. 1278, on the eve of Pentecost."

Villeins who were released from the manorial organization by

commutation of their service for a money payment took the name of their

craft as part of their name, such as, for the manufacture of textiles,

Weaver, Draper, Comber, Fuller, Napper, Cissor, Tailor, Textor; for

metalwork, Faber, Ironmonger; for leatherwork, Tanner; for woodwork,

building and carpentry, Carpenter, Cooper, Mason, Pictor; for food

production, Baker, Pistor. Iron, tin, lead, salt, and even coal were

providing increasing numbers of people with a livelihood.

Many new boroughs were founded as grants of market rights by the king

grew in number. These grants implied the advantage of the King's

protection. In fact, one flooded town was replaced with a new town

planned with square blocks. It was the charter which distinguished the

borough community from the other communities existing in the country. It

invested each borough with a distinct character. The privileges which

the charter conferred were different in different places. It might give

trading privileges: freedom from toll, a guild merchant, a right to hold

a fair. It might give jurisdictional privileges: a right to hold court

with greater or less franchises. It might give governmental privileges:

freedom from the burden of attending the hundred and county courts, the

return of writs, which meant the right to exclude the royal officials,

the right to take the profits of the borough, paying for them a fixed

sum to the Crown or other lord of the borough, the right to elect their

own officials rather than them being appointed by the king or a lord,

and the right to provide for the government of the borough. It might

give tenurial privileges: the power to make a will of lands, or freedom

from the right of a lord to control his tenants' marriages. It might

give procedural privileges: trial by combat is excluded, and trial by

compurgation is secured and regulated. These medieval borough charters

are very varied, and represent all stages of development and all grades

of franchise. Boroughs bought increasing rights and freedoms from their

lord, who was usually the King.

In the larger towns, where cathedrals and public building were built,

there arose a system for teaching these technical skills and elaborate

handicraft, wood, metal, stained glass, and stone work. A boy from the

town would be bound over in apprenticeship to a particular craftsman,

who supplied him with board and clothing. The craftsman might also

employ men for just a day. These journeymen were not part of the

craftsman's household as was the apprentice. After a few years of an

apprenticeship, one became a journeyman and perfected his knowledge of

his craft and its standards by seeing different methods and results in

various towns. He was admitted as a master of his trade to a guild upon

presenting an article of his work worthy of that guild's standard of

workmanship: his "masterpiece". Women, usually wives of brethren only,

could be admitted. The tailors' guild and the skinners' guild are extant

now.

When guilds performed morality plays based on Bible stories at town

festivals, there was usually a tie between the Bible story and the

guild's craft. For instance, the story of the loaves and fishes would be

performed by the Bakers' or Fishmongers' Guild. The theme of the

morality play was the fight of the Seven Cardinal Virtues against the

Seven Deadly Sins for the human soul, a life- long battle. The number

seven was thought to have sacred power; there were seven sacraments,

seven churches in the Biblical Apocalypse, seven liberal arts and seven

devilish arts. The seven sacraments were: baptism, confirmation, Lord's

Supper, penance, orders, matrimony, and extreme unction.

A borough was run by a mayor elected usually for life. By being members

of a guild, merchant-traders and craftsmen acquired the legal status of

burgesses and had the freedom of the borough. Each guild occupied a

certain ward of the town headed by an alderman. The town aldermen, who

were unpaid, made up the town council, which advised the mayor. The

Mayor of London received 40 pounds for hospitality, but in small towns,

20s. sufficed. Often there were town police, bailiffs, beadles

[messengers], a town crier, and a town clerk. London offices included

recorder, prosecutor, common sergeant, and attorneys. In the center of

town were the fine stone houses, a guildhall with a belfry tower, and

the marketplace - a square or broad street, where the town crier made

public announcements with bell or horn. Here too was the ducking stool

for scandalmongers and the stocks which held offenders by their legs and

perhaps their hands to be scorned and pelted by bystanders with, for

instance, rotten fruit and filth. No longer were towns dominated by the

local landholders.

In London there were 4 royal princes, 6 great earls, 17 barons, 26

knights, and 11 female representatives of the peerage (counted in 1319).

There was a wall with four towers surrounding the White Tower, and this

castle was known as the Tower of London. Another wall and a moat were

built around it and it has reached its final form. Hovels, shops, and

waste patches alternated with high walls and imposing gateways

protecting mansions. The mansions had orchards, gardens, stables,

brewhouses, bakeries, guardrooms, and chapels. London streets were paved

with cobbles and sand. Each citizen was to keep the street in front of

his tenement in good repair. Later, each alderman appointed four

reputable men to repair and clean the streets for wages. The repair of

Bishopsgate was the responsibility of the Bishop because he received one

stick from every cart of firewood passing through it. Rules as to tiled

roofs were enforced. A 1297 ordinance required all taverns to close at

curfew, an hour that fluctuated. Prostitutes were expelled from the city

because the street with their bawdy houses had become very noisy. Women

huckster-retailers, nurses, servants, and loose women were limited to

wearing hoods furred with lambskin or rabbitskin and forbidden to wear

hoods furred with vair or miniver [grey or white squirrel] in the guise

of good ladies. An infirmary for the blind was founded by a mercer, who

became its first prior.

The London mayoral elections were hotly fought over until in 1285, when

the aldermen began to act with the aid of an elected council in each of

the twenty-four wards, which decentralized the government of the city.

Each ward chose certain of its inhabitants to be councilors to the

aldermen. This council was to be consulted by him and its advice to be

followed. In 1291, the aldermen for the first time included a

fishmonger. The Fishmongers were the only guild at this time, besides

the Weavers, which had acquired independent jurisdiction by the transfer

of control of their weekly hallmote from a public official to

themselves. Craftsmen began to take other public offices too. By the

reign of Edward II, all the citizens were obliged to be enrolled among

the trade guilds. A great quarrel between the weaver's guild and the

magistracy began the control of the city by the craft guilds or city

companies. Admission to freedom of the city [citizenship] was controlled

by the citizens, who decided that no man of English birth, and

especially no English merchant, who followed any specific mistery

[French word for a calling or trade] or craft, was to be admitted to the

freedom of the city except on the security of six reputable men of that

mistery or craft. No longer could one simply purchase citizenship.

Apprentices had to finish their terms before such admission, and often

could not afford the citizenship fee imposed on them. Only freemen could

sell wares in the city, a custom of at least two hundred years.

As economic activity in London became more complex and on a larger

scale in the 1200s, some craftsmen were brought under the control of

other crafts or merchants. The bakers fell under the control of the

wholesale grain dealers; the weavers became pieceworkers for rich cloth

merchants; the blademakers and shearers were employed by cutlers;

coppersmiths were controlled by girdlers; fullers were controlled by

entrepreneurial dyers; and the painters, joiners, and lorimers were

controlled by the saddlers. Guilds moved their meeting places from

churches, which were now too small, to guild halls. The controlling

officers of the large guilds met at the Guildhall, which became the seat

of mayoral authority. London streets in existence by this time include

Cordwainer, Silver, Cannon (Candlewick), and Roper. Lanes included

Ironmonger, Soper, Spurrier, Lad (ladles), Distaff, Needles, Mede,

Limeburner, and Hosier. Fighting among groups was common in London.

There was a street fight on a large scale in 1327 between the saddlers

and a coalition of joiners, painters, and lorimers (makers of metal work

of saddles). Much blood was shed in the street battle between the

skinners and the fishmongers in 1340. There was a city ordinance that no

one except royal attendants, baronial valets, and city officials were to

go about armed. Disputes among neighbors that were brought to court

included the use and upkeep of party walls, blocked and overflowing

gutters, cesspits too close to a neighbor's property, noisy tenants,

loss of light, and dangerous or overhanging structures.

In 1275, a goldsmith was chief assay-master of the King's mint and

keeper of the exchange at London. The king gave the Goldsmiths' Company

the right of assay [determination of the quantity of gold or silver in

an object] and required that no vessels of gold or silver should leave

the maker's hands until they had been tested by the wardens and stamped

appropriately. In 1279, goldsmith William Farrington bought the soke of

the ward containing the goldsmiths' shops. It remained in his family for

80 years. A patent of 1327 empowered the guild to elect a properly

qualified governing body to superintend its affairs, and reform subjects

of just complaint. It also prescribed, as a safeguard against a

prevailing fraud and abuse, that all members of the trade should have

their standing in Cheapside or in the King's exchange, and that no gold

or silver should be manufactured for export, except that which had been

bought at the exchange or of the trade openly.

Some prices in London were: large wooden bedstead 18s., a small

bedstead 2s., a large chest for household items 2s., feather beds 2-3s.,

a table 1s., a chair 4-6d., cloth gown lined with fur 13- 20s., plain

coats and overcoats 2-8s., caps 2-8d., a pair of pen- cases with inkhorn

4d., a skin of parchment 1d., 24 sheets of paper 6d, a carcass of beef

15s., a pig 4s., a swan 5s., and a pheasant 4s. There was a problem with

malefactors committing offenses in London and avoiding its jurisdiction

by escaping to Southwark across the Thames. So Southwark was given a

royal charter which put it under the jurisdiction of London for peace

and order matters and allowed London to appoint its tax collector.

London forbade games being played because they had replaced practice in

archery, which was necessary for defense.

A royal inquiry into the state of the currency indicated much

falsification and coin-clipping by the Jews and others. About 280 Jews

and many Englishmen were found guilty and hanged. The rest of the Jews,

about 16,000, were expelled in 1290. This was popular with the public

because of the abuses of usury. There had been outbreaks of violence

directed at the Jews since about 1140. The king used Italian bankers

instead because he thought them more equitable in their dealings. The

lepers were driven out of London in 1276. Exports and imports were no

longer a tiny margin in an economy just above the subsistence level.

Exports were primarily raw wool and cloth, but also grain, butter, eggs,

herring, hides, leather goods such as bottles and boots, embroideries,

metalware, horseshoes, daggers, tin, coal, and lead. Imported were wine,

silk, timber, furs, rubies, emeralds, fruits, raisins, currents, pepper,

ginger, cloves, rice, cordovan leather, pitch, hemp, spars, fine iron,

short rods of steel, bow-staves of yew, tar, oil, salt, cotton (for

candlewicks), and alum (makes dyes hold). Ships which transported them

had one or two masts upon which sails could be furled, the recently

invented rudder, and a carrying capacity of up to 200 tuns [about one

ton]. Many duties of sheriffs and coroners were transferred to county

landholders by commissions. In coastal counties, there were such

commissions for supervising coastal defense and maintaining the beacons.

Each maritime county maintained a coast guard, which was under the

command of a knight. Ports had well-maintained harbors, quays, and

streets. By 1306 there was an office of admiral of the fleet of the

ships of the southern ports.

Women could inherit land in certain circumstances. Some tenants holding

land in chief of the king were women.

Regulation of trade became national instead of local. Trade was

relatively free; almost the only internal transportation tolls were

petty portages and viages levied to recoup the expense of a bridge or

road which had been built by private enterprise. Responsibility for the

coinage was transferred from the individual moneyers working in

different boroughs to a central official who was to become Master of the

Mint. The round half penny and farthing [1/4 penny] were created so that

the penny needn't be cut into halves and quarters anymore.

Edward I called meetings of representatives from all social and

geographic sectors of the nation at one Parliament to determine taxes

due to the Crown. He declared that "what touches all, should be approved

by all". He wanted taxes from the burgesses in the towns and the

clergy's ecclesiastical property as well as from landholders. He argued

to the clergy that if barons had to both fight and pay, they who could

do no fighting must at least pay. When the clergy refused to pay, he put

them outside the royal protection and threatened outlawry and

confiscation of their lands. Then they agreed to pay and to renounce all

papal orders contrary to the King's authority.

The Model Parliament of 1295 was composed of the three communities. The

first were the lords, which included seven earls and forty-one barons.

Because of the increase of lesser barons due to a long national peace

and prosperity, the lords attending were reduced in numbers and peerage

became dependent not on land tenure, but on royal writ of summons. The

great barons were chosen by the king and received a special summons in

their own names to the council or Parliament. Others were called by a

general summons. The second community was the clergy, represented by the

two archbishops, bishops from each of eighteen dioceses, and sixty-seven

abbots. The third community was the commons. It was composed of two

knights elected by the suitors who were then present at the county

court, two burgesses elected by principal burgesses of each borough, and

two representatives from each city. The country knights had a natural

affinity with the towns in part because their younger sons sought their

occupation, wife, and estate there. Also, great lords recruited younger

brothers of yeoman families for servants and fighting men, who

ultimately settled down as tradesmen in the towns. The country people

and the town people also had a community of interest by both being

encompassed by the county courts. The peasants were not represented in

the county courts nor in Parliament. One had to have land to be entitled

to vote because the landowner had a stake in the country, a material

security for his good behavior.

Parliaments without knights and burgesses still met with the king. But

it was understood that no extraordinary tax could be levied without the

knights and burgesses present. Ordinary taxes could be arranged with

individuals, estates, or communities. The lower clergy ceased to attend

Parliament and instead considered taxes to pay to the king during their

national church convocations, which were held at the same time as

Parliament. For collection purposes, their diocesan synod was analogous

to the count court. The higher clergy remained in Parliament because

they were feudal vassals of the king.

Edward's council was the highest tribunal. It comprised the chancellor,

treasurer and other great officers of state, the justices of the three

courts, the master or chief clerks of the chancery, and certain selected

prelates and barons. The council assisted the king in considering

petitions. Most petitions to the King were private grievances of

individuals, including people of no social rank, such as prisoners.

Other petitions were from communities and groups, such as religious

houses, the two universities, boroughs, and counties. These groups

sometimes formed alliances in a common cause. Women sometimes

petitioned. From 1293, the petitions were placed in four stacks for

examination by the King and council, by the Chancery, by the Exchequer,

or by the justices. Many hours were spent hearing and answering

petitions. From 1305, the petitions were presented to the king in full

Parliament.

The king still exercised a power of legislation without a full

Parliament. He might in his council issue proclamations. The Chief

Justices still had, as members of the king's council, a real voice in

the making of laws. The king and his justices might, after a statute has

been made, put an authoritative interpretation upon it. Royal

proclamations had the same force as statutes while the king lived;

sometimes there were demands that certain proclamations be made

perpetual by being embodied in statutes, e.g. fixing wages. There was no

convention that agreement or even the presence of representatives was

required for legislation. The idea that the present can bind the absent

and that the majority of those present may outvote the minority was

beginning to take hold. Edward I's councilors and justices took an oath

to give, expedite, and execute faithful counsel; to maintain, recover,

increase, and prevent the diminution of, royal rights; to do justice,

honestly and unsparingly; to join in no engagements which may present

the councilor from fulfilling his promise; and to take no gifts in the

administration of justice, save meat and drink for the day. These were

in addition to other matters sworn to by the councilors.

Parliament soon was required to meet at least once a year at the Great

Hall at Westminster located beside the royal palace. London paid its

representatives 10s. per day for their attendance at Parliament. From

the time of Edward II, the counties paid their knight- representatives

4s. daily, and the boroughs paid their burgess- representatives 2s.

daily. When it convened, the Chancellor sat on the left and the

Archbishop of Canterbury on the right of the king. Just below and in

front of the king his council sits on wool sacks brought in for their

comfort from wool stored nearby. It answers questions. Behind them on

the wool sacks sit the justices, who may be called upon to give legal

advice, e.g. in framing statutes. Then come the spiritual and lay

barons, then the knights, and lastly the elected burgesses and citizens.

Lawmaking became a function of Parliament, of which the King's council

is a part, instead of a function of the king with his council and

justices. The common people now had a voice in lawmaking, though

legislation could be passed without their consent. The first legislation

proposed by the commons was alteration of the forest laws governing the

royal pleasure parks. Such a statute was passed in a bargain for taxes

of a percentage of all movables, which were mostly foodstuffs and

animals. The king offered to give up the royal right to tax merchandise

for a new tax: customs on exports. The barons and knights of the county

agreed to pay an 11th, the burgesses, a 7th, and the clergy a 10th on

their other movables. In time, several boroughs sought to be included in

the county representation so they could pay the lower rate. This new

system of taxation began the decline of the imposition of feudal aids,

knights' fees, scutages, carucage, and tallage, which had been

negotiated by the Exchequer with the reeves of each town, the sheriff

and county courts of each county, and the bishops of each diocese.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 21 / 67 段