The staple [depot or mart, from the French "estaple"] system began when

the export of wool had increased and Parliament initiated customs duties

of 6s.8d. on every sack of wool, woolfells [sheepskin with wool still on

it], or skins exported in 1275. These goods had to be assessed and

collected at certain designated ports. Certain large wool merchants, the

merchants of the staple, were allowed to have a monopoly on the purchase

and export of wool. Imports of wine were taxed as tunnage as before,

that is there was a royal right to take from each wine ship one cask for

every ten at the price of 20s. per cask.

In 1297, Edward I confirmed the Magna Carta and other items. Judgments

contrary to Magna Carta were nullified. The documents were to be read in

cathedral churches as grants of Edward and all violators were to be

excommunicated. He also agreed not to impose taxes without the consent

of Parliament after baronial pressure had forced him to retreat from

trying to increase, for a war in France, the customs tax on every

exported sack of wool to 40s. from the 6s. 8d. per sack it had been

since 1275. The customs tax was finally fixed at 10s. for every sack of

wool, 2s. for each tun [casket] of wine, and 6d. for every pound's worth

of other goods. The "tenths and fifteenths" tax levied on income from

movables or chattels became regular every year. Edward also confirmed

the Forest Charter, which called for its earlier boundaries. And he

agreed not to impound any grain or wool or and like against the will of

the owners, as had been done before to collect taxes. Also, the special

prises or requisitions of goods for national emergency were not to be a

precedent. Lastly, he agreed not to impose penalties on two earls and

their supporters for refusing to serve in the war in France when the

king did not go.

Teh Magna Carta is the first statute. From 1299, statutes were recorded

in a Statute Roll as they were enacted.

By the end of the 1200s, the King's wardrobe, where confidential

matters such as military affairs were discussed in his bedroom, became a

department of state with the King's privy seal. The keeper of the privy

seal was established as a new office by Edward I in 1318. The wardrobe

paid and provisioned the knights, squires, and sergeants of the king and

was composed mostly of civil servants. It traveled with the King. The

Crown's treasure, plate, tents, hangings, beds, cooking utensils, wine,

and legal and financial rolls were carried on pack horses or in

two-wheeled carts drawn by oxen, donkeys, or dogs. The people in the

entourage rode horses or walked. The other two specialized

administrative bodies were the Exchequer, which received most of the

royal revenue and kept accounts at Westminster, and the Chancery, which

wrote royal writs, charters, and letters, and kept records.

The chief functions of administration in the 1300s were performed by

the council, chancery, wardrobe, chamber [room off wardrobe for dressing

and for storage], and exchequer. Many of the chancellors had come from

the wardrobe and chamber. In time, the chancellor ceased to be a part of

the king's personal retinue and to follow the court. The chancery became

primarily a department of central administration rather than a

secretariat and record-keeping part of the royal household. The king

used a privy seal to issue directives to the chancery. Edward III made

some merchants earls and appointed them to be his ministers. He did not

summon anyone to his council who did not have the confidence of the

magnates [barons, earls, bishops, and abbots].

There was a recoinage due to debasement of the old coinage. This

increased the number of coins in circulation. The price of wheat went

from about 7s. in 1270 to about 5s. per quarter in 1280. Also the price

of an ox went from 14s. to 10s. Then there were broad movements of

prices, within which there were wide fluctuations, largely due to the

state of the harvest. From 1280 to 1290, there was runaway inflation. In

some places, both grain and livestock prices almost doubled between 1305

and 1310. Wheat prices peaked at 15s.5d. a quarter in the famine year of

1316. In 1338, prices dropped and remained low for twenty years. The

poor were hurt by high prices and the lords of the manors were hurt by

low prices.

As before, inadequate care and ignorance of nutrition caused many

infant deaths. Accidents and disease were so prevalent that death was

always near and life insecure. Many women died in childbirth.

Edward I always sought the agreement of Parliament before assembling an

army or taking actions of war, and Parliamentary consent came to be

expected for such. He completed the conquest and annexation of Wales in

1284. The feudal army was summoned for the last time in the 100 year war

with France, which began in 1337. In it the English longbow was used to

pierce French knights' armor. There had been much competition between

the strength of arrows to pierce and the heaviness of armor to resist.

Guns and cannon with gunpowder were introduced in 1338. A system to

raise an army by contract was developed. Contracts were made with

nobles, knights, or esquires who undertook to enlist an agreed number of

armored men-at-arms and archers, who were paid wages. The King provided

transport for each contractor and his retinue, baggage, and horses. The

title of "knight" now resumed its military character as well as being a

social rank.

After Edward I died in 1307, there was a period of general lawlessness

and contests for power between earls and barons and the irresponsible

King Edward II, who was not a warrior king. He eventually was

assassinated. Also in 1307, Parliament required the king to obtain its

consent for any exchange or alteration of the currency.

By 1319, the guilds of London had become so powerful that they

extracted a charter from the king that to be a citizen of London one had

to be a member of a guild.

By 1326, scholars, the nobility, and the clergy had reading eyeglasses,

which had been invented in Italy, probably by the glass blowers. Italy

was famous for its glasswork. The first eyeglasses were fabricated by

pouring molten glass into curved molds. The actual shape was difficult

to control because thermal expansion and contraction resulted in bubbles

and other optical imperfections.

As of 1336, importing foreign cloth or fur, except for use by the

King's family, was prohibited, as was the export of unwoven wool. Later,

this was relaxed and a customs tax of 33% was imposed on wool exported.

Foreign cloth workers were allowed by statute to come to live in the

nation, be granted franchises, and be in the King's protection. But no

cloth was to be exported until it was fulled. During the reign of Edward

III, Flanders weavers were encouraged to come to England to teach the

English how to weave and finish fine cloth. A cloth industry grew with

all the manufacturing processes under the supervision of one capitalist

manufacturer, who set up his enterprise in the country to avoid the

regulations of the towns. The best places were hilly areas where there

were many streams and good pasture for flocks of sheep. He hired

shearers to cut the nap as short as possible to give a smooth surface,

then spinsters to card and spin the wool in their country cottages, then

weavers, and then fullers and dyers to come to fulling mills established

near streams for their waterpower. Fulling became mechanized as heavy

wooden hammers run by water- power replaced feet trampling the cloth

covered with soap or fuller's clay. The shaft loom was a technological

advance in weaving. This loom was horizontal and its frames, which

controlled the lifting of the warp threads, could each be raised by a

foot treadle. This left both hands free to throw and catch the shuttle

attached to the weft thread from side to side through the warp. Also

many more weaving patterns became possible through the use of different

thread configurations on the frames.

In 1341, the commons forced King Edward III and council to approve

their petition when Parliament was still in session so that they would

draft the legislation in true accordance with the petition. This had not

been done when drafting had been done after Parliament ended, when the

phrase "saving the prerogatives of the king" was often added. Also the

lords and commons consulted each other and joined in petitions. But they

usually stated their conclusions to the king separately. It was

considered a burden rather than a privilege to attend Parliament and

elections for such were not often contested. They were conducted

according to local custom until 1600.

In 1348, the Commons voted a tax of 1/15 th on movables for three years

with the proviso that it be spent only on the war against Scotland. This

began the practice of appropriation of funds. In 1381, began the

practice of appointing treasurers of the subsidies to account to

Parliament for both receipts and disbursements.

Alien merchants were under the king's special protection. In return for

paying extra import and export duties, Edward III gave alien merchants

full rights of trade, travel, and residence in England free of all local

tolls and restrictions, and guaranteed a fair hearing of their

commercial and criminal cases in special pie powder (after French "pie

poudrous" or dusty feet) courts at fairs.

- The Law -

Edward I remodeled the law in response to grievances and to problems

which came up in the courts. The changes improved the efficiency of

justice and served to accommodate it to the changing circumstances of

the social system.

"No man by force of arms, malice or menacing shall disturb anyone in

making free election [of sheriffs, coroners, conservators of the peace

by freeholders of the county]."

"No city, borough, town, nor man shall be amerced without reasonable

cause and according to the severity of his trespass. That is, every

freeman saving his freehold, a merchant saving his merchandise, a

villein saving his wainage [implements of agriculture], and that by his

peers."

No distress shall be taken of ploughing-cattle or sheep.

No loan shall be made for interest.

If an heir who is a minor is married off without the consent of the

guardian, the value of the marriage will be lost and the wrongdoer

imprisoned. If anyone marries off an heir over 14 years of age without

the consent of the guardian, the guardian shall have double the value of

the marriage. Moreover, anyone who has withdrawn a marriage shall pay

the full value thereof to the guardian for the trespass and make amends

to the King. And if a lord refuses to marry off a female heir of full

age and keep her unmarried because he covets the land, then he shall not

have her lands more than two years after she reaches full age, at which

time she can recover her inheritance without giving anything for the

wardship or her marriage. However, if she maliciously refuses to be

married by her lord, he may hold her land and inheritance until she is

the age of a male heir, that is, 21 years old and further until he has

taken the value of the marriage.

Aid to make one's son a knight or marry off his daughter of a whole

knight's fee shall be taken 20s., and 400s. [yearly income from] land

held in socage 20s. [5%], and of more, more; and of less, less; after

the rate. And none shall levy such aid to make his son a knight until

his son is 15 years old, nor to marry his daughter until she is seven

year old.

A conveyance of land which is the inheritance of a minor child by his

guardian or lord to another is void.

Dower shall not abate because the widow has received dower of another

man unless part of the first dower received was of the same tenant and

in the same town. But a woman who leaves her husband for another man is

barred from dower.

A tenant for a term of years who has let land from a landlord shall not

let it lie waste, nor shall a landlord attempt to oust a tenant for a

term of years by fictitious recoveries.

When two or more hold wood, turfland, or fishing or other such thing in

common, wherein none knows his several, and one does waste against the

minds of the others, he may be sued.

Lands which are given to a man and his wife upon condition that if they

die without heirs, the land shall revert to the donor or his heir, may

not be alienated to defeat this condition.

If a man takes land in marriage with a wife, and she dies before him,

the land will revert to the donor or his heir, unless the couple has a

child, in which case the husband will have the land by the courtesy of

the nation for his life before it reverts to the donor or his heir.

Young salmon shall not be taken from waters in the spring.

The ecclesiastical law had a doctrine for women-covert, i.e. women

under the protection or coverture of a husband. It held that chattels of

a woman who married vested in her husband, but he could not dispose of

them by will. Her jewelry, but not her apparel, could go to his

creditors if his assets didn't cover his debts. If she was a merchant

when she married, she could still sell her goods in the open market. The

husband also had the right to the rents and profits from his wife's real

estate, but not the real estate itself, unless by the birth of a child

he became tenant for life by courtesy. Only the father, but not the

mother had authority over their children. A father had a right to his

child's services, and could sue a third party for abducting, enticing

away, or injuring the child, just as he could for his servants. A

husband was liable for the debts of his wife, even if incurred before

the marriage. He was answerable for her torts and trespasses, except for

battery. For this reason, he was allowed to chastise her, restrain her

liberty for gross misbehavior, and punish her by beating for some

misdemeanors. But the courts would protect her from death, serious

bodily harm, or his failure to supply her the necessities of life.

Promises under oath by married women were not recognized. A conveyance

or agreement of a married woman was void. These principles held only if

she was under the protection of her husband, i.e. a woman-covert, and

not if they lived separately, for instance if he went to sea. If

separated, she had a right to alimony from him to maintain herself.

A free tenant may alienate his land freely, but if the alienation was

for an estate in fee simple [to a man and his heirs], the person

acquiring the land would hold of the land's lord and not of the person

alienating the land. (This halted the growth of subinfeudation and

caused services as well as incidents of aids, relief, escheat, wardship,

and marriage to go directly to the Chief Lord. It also advantaged the

Crown as overlord, which then acquired more direct tenants.)

One may create an estate which will descend in unbroken succession down

the line of inheritance prescribed in the original gift as long as that

line should last, instead of descending to all heirs. This was called a

fee simple conditional holding of land. The successive occupants might

draw the rents and cut the wood, but on the death of each, his heir

would take possession of an unencumbered interest, unfettered by any

liability for the debt of his ancestor or by any disposition made by him

during his lifetime e.g. a wife's estate in dower or a husband's estate

in courtesy. If there was no issue, it reverted to the original donor.

This curtailed the advantage of tenants of the greater barons who

profited by increased wardships and reliefs from subinfeudation from

subdivision and better cultivation of their land while still paying the

greater barons fixed sums. This statute that protected reversionary

estates incidentally established a system of entails. This new manner of

holding land: "fee tail", is in addition to the concepts of land held in

fee simple and land held for life. The donor could give directions that

an estate of inheritance go to a man or woman and certain classes of

particular heirs rather than reverting to himself. A fee tail was often

given to a man and the issue of his body. No donee or nor his heirs

could alienate the land held in fee tail.Interests in remainder or

reversion of estates in land replaced the lord's tenurial right to

succeed to land by escheat if his tenant dies without heirs.

Anyone disseising another whereby he also robs him or uses force and

arms in the disseisin shall be imprisoned and fined. The plaintiff shall

recover seisin and damages.

"All must be ready at the command and summons of sheriffs, and at the

cry of the country, to sue and arrest felons as necessary as well within

franchise as without." Otherwise, he shall be fined. A Lord defaulting

shall lose his franchise to the King. A Bailiff defaulting shall be

imprisoned a year as well as fined, or be imprisoned two years if he

cannot pay the fine. A sheriff, coroner, or any other bailiff who

conceals a felony will be imprisoned for a year and pay a fine, or be

imprisoned for three years if he cannot pay the fine.

Villeins must report felons, pursue felons, serve in the watch, and

clear growth of concealing underwood from roads. They must join the

military to fight on the borders when called. Desertion from the army is

punishable.

Accessories to a crime shall not be declared outlaw before the

principal is proven guilty. (This made uniform the practice of the

various counties.)

Only those imprisoned for the smaller offenses of a single incidence of

petty larceny, receipt of felons, or accessory to a felony, or some

other trespass not punishable by life or limb shall be let out by

sufficient surety. Prisoners who were outlawed or escaped from prison or

are notorious thieves or were imprisoned for felonious house burning,

passing false money, counterfeiting the King's seal, treason touching

the king himself, or other major offenses or have been excommunicated by

the church may not be released.

Killing in self-defense and by mischance shall be pardoned from the

King's indictment. Killing by a child or a person of unsound mind shall

be pardoned from the King's indictment. (But a private accuser can still

sue.)

Any man who ravishes [abducts] any woman without her consent or by

force shall have the criminal penalty of loss of life or limb. (The

criminal penalty used to be just two years in prison.)

Trespasses in parks or ponds shall be punished by imprisonment for

three years and a fine as well as paying damages to the wronged person.

After his imprisonment, he shall find a surety or leave the nation.

"Forasmuch as there have been often times found in the country devisors

of tales, where discord, or occasion of discord, has many times arisen

between the King and his people, or great men of this realm; For the

damage that has and may thereof ensue, it is commanded, that from

henceforth none be so hardy to tell or publish any false news or tales,

whereby discord or occasion of discord or slander may grow between the

King and his people, or the great men of the realm." Anyone doing so

shall be imprisoned until he brings into the court the first author of

the tale.

A system of registration and enforcement of commercial agreements was

established by statute. Merchants could obtain a writing of a debt

sealed by the debtor and authenticated by royal seal or a seal of a

mayor of certain towns, and kept by the creditor. Failure to pay a such

a debt was punishable by imprisonment and, after three months, the

selling of borough tenements and chattels and of county lands. During

the three months, the merchant held this property in a new tenure of

"statute merchant". (Prior to this, it was difficult for a foreign

merchant to collect a debt because he could not appear in court which

did not recognize him as one of its proper "suitors" or constituents, so

he had to trust a local attorney. Also, the remedy was inadequate

because the history of the law of debt was based on debt as a substitute

for the blood feud, so that failure to pay meant slavery or death. Also

a debtor's land was protected by feudal custom, which was contrary to

the idea of imposing a new tenant on a lord.)

"In no city, borough, town, market, or fair shall a person of the realm

be distrained for a debt for which he is not the debtor or pledge."

Anyone making those passing with goods through their jurisdiction

answer to them in excess of their jurisdiction shall be grievously

amerced to the King.

No market town shall take an outrageous toll contrary to the common

custom of the nation.

Since good sterling money has been counterfeited with base and false

metal outside the nation and then brought in, foreigners found in the

nation's ports with this false money shall forfeit their lives. Anyone

bringing money into the nation must have it examined at his port of

entry. Payments of money shall be made only by coin of the appropriate

weight delivered by the Warden of the Exchange and marked with the

King's mark. (A currency exchange was established at Dover for the

exchange of foreign currency for English sterling.)

The silver in craftwork must be sterling and marked with the Leopard's

Head. The gold in craftwork must meet the standard of the Touch of

Paris.

The assize of bread and ale had been and was enforced locally by local

inspectors. Now, the Crown appointed royal officers for the gauge of

wines and measurement of cloths. Edicts disallowed middlemen from

raising prices against consumers by such practices as forestalling

[intercepting goods before they reached the market and then reselling

them] or engrossing [buying a large supply of a commodity to drive up

the price] and price regulation was attempted. For instance, prices were

set for poultry and lamb, in a period of plenty. Maximum prices were set

for cattle, pigs, sheep, poultry, and eggs in 1314, but these prices

were hard to enforce. In London examples of prices set are: best hen

3d.2q., best wild goose 4d., best hare 4d., best kid 10d., best lamb

4d., best fresh herrings 12 for 1d., best pickled herrings 20 for 1d.,

best haddock 2d., best fresh salmon 3s.

Freemen may drive their swine through the King's demesne Forest to feed

in their own woods or elsewhere. No man shall lose his life or limb for

killing deer in the Forest, but instead shall be grievously fined or

imprisoned for a year.

The Forest Charter allowed a man to cut down and take wood from his own

woods in the King's forest to repair his house, fences, and hedges. He

may also enclose his woods in the King's forest with fences and hedges

to grow new trees and keep cattle and beasts therefrom. After seven

years growth of these new trees, he may cut them down for sale with the

King's permission.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 22 / 67 段