The chief pledges present that Cristina daughter of Richard

Maleville has married at London without the lord's licence; therefore

let the said Richard be distrained. He has made fine with 12d. Also that

Alice Berde has done the same; therefore let her be distrained. Also

that Robert Fountain has committed a trespass against William Gery;

therefore the said Robert is in mercy; pledge, Humfrey; fine, 6d. Also

that Richard Maleville has drawn blood from Stephen Gust; therefore he

is in mercy; fine, 2s.

36. Geoffrey Coterel in mercy for a battery; fine, 12d.; pledge, Adam

Serjeant. Geoffrey Coterel for trespass in the hay; fine, 6d.; pledge,

Alan Reaper. Hugh of Senholt in mercy for trespass in the green wood;

fine, 6d.

37. Hugh Wiking in mercy for delay in doing his works; fine, 6d. Hugh

Churchyard for trespass in [cutting] thorns; fine, 6d. Thomas Gold in

mercy for trespass in the wood; fine, 3d.; pledge, Robert Grinder.

38. William Dun in mercy for subtraction of his works due in autumn;

fine, 2s. Avice Isaac for the same, 6d.; Hugh Wiking for the same, 6d.;

Agnes Rede in mercy for her daughter's trespass in the corn [grain], 6d.

39. Walter Ash in mercy for not making suit to the lord's mill; fine,

6d. Hugh Pinel in mercy for diverting a watercourse to the nuisance of

the neighbors; fine, 6d.; pledge, Robert Fresel.

40. John Dun in mercy for carrying off corn [grain] in the autumn;

pledge, Adam White. Alan Reaper gives the lord 12d. on account of a

sheep which was lost while in his custody.

41. Adam White in mercy for bad mowing; fine, 6d. Hugh Harding in mercy

for the same; fine, 6d.

42. The chief pledges present that Henry Blackstone (fine, 6d.), Hugh

Churchyard (fine, 18d.), Walter Ash (fine, 6d.), Henry of Locksbarow

(fine, 12d.), Avice Isaac (fine, 6d.), Richard Matthew (fine, 6d.), Hugh

Wiking (fine,--), Ralph Dene (fine, 6d.), John Palmer (fine, 12d.), John

Coterel (fine, 6d.), John Moor (fine, 6d.), John Cubbel (fine, 12d.),

Hugh Andrew (fine, 6d.), Philip Chapman (fine, 6d.), John Fellow (fine,

12d.), Robert Bailiff (fine, 6d.), Alice Squire (fine, 12d.), John

Grately (fine,--), Richard Hull (fine, 6d.), Osbert Reaper (fine, 6d.),

and Robert Cross (fine, 6d.), have broken the assize of beer. Also that

Henry of Senholt, Henry Brown, Hugh Hayward, Richard Moor, Juliana

Woodward, Alice Harding, Peronel Street, Eleanor Mead make default. Also

that Walter Ash (fine,--), John Wiking (fine,--), John Smart (fine,--),

and Henry Coterel have married themselves without the lord's licence;

therefore let them be distrained to do the will of the lord.

43. Alan Reaper for the trespass of his foal; fine, 6d.

44. Philip Chapman in mercy for refusing his gage to the lord's bailiff;

fine, 3d.

45. William Ash in mercy for trespass in the growing crop; fine, 6d.

46. John Iremonger in mercy for contempt; fine, 6d.

47. The chief pledges present that William of Ripley (fine, 6d.), Walter

Smith (no goods), Maud of Pasmere (fine, 6d.), have received [strangers]

contrary to the assize; therefore they are in mercy.

48. Maud widow of Reginald of Challow has sufficiently proved that a

certain sheep valued at 8d. is hers, and binds herself to restore it or

its price in case it shall be demanded from her within year and day;

pledges, John Iremonger and John Robertd; and she gives the lord 3d. for

[his] custody [of it].

The Court of Hustings in London is empowered to award landlords their

tenements for which rent or services are in arrears if the landlord

could not distrain enough tenant possessions to cover the arrearages.

Wills are proven in the Court of Husting, the oldest court in London,

which went back to the times of Edward the Confessor. One such proven

will is:

"Tour (John de La) - To Robert his eldest son his capital messuage and

wharf in the parish of Berchingechurch near the land called

'Berewardesland`. To Agnes his wife his house called 'Wyvelattestone',

together with rents, reversions, etc. in the parish of S. Dunstan

towards the Tower, for life; remainder to Stephen his son. To Peter and

Edmund his sons lands and rents in the parish of All Hallows de

Berhyngechurch; remainders over in default of heirs. To Agnes, wife of

John le Keu, fishmonger, a house situate in the same parish of Berhyng,

at a peppercorn [nominal] rent."

The Court of the Mayor of London heard diverse cases, including

disputes over goods, faulty or substandard goods, adulteration, selling

food unfit for human consumption, enhancing the price of goods, using

unlawful weighing beams, debts, theft, distraints, forgery, tavern

brawling, bullying, and gambling. Insulting or assaulting a city

dignitary was a very serious crime; an attack on the mayor was once

capitally punished. Sacrilege, rape, and burglary were punished by

death. Apart from the death penalty, the punishment meted out the most

was public exposure in the pillory, with some mark of ignominy slung

round the neck. If the crime was selling bad food, it was burnt under

the offender's nose. If it was sour wine, the offender was drenched in

it. Standing in the pillory for even one hour was very humiliating, and

by the end of the day, it was known throughout the city. The offender's

reputation was ruined. Some men died in the pillory of shame and

distress. A variation of the pillory was being dragged through the

streets on a hurdle. Prostitutes were carted through the streets in

coarse rough cloth hoods, with penitential crosses in their hands.

Scolds were exposed in a "thewe" for women. In more serious cases,

imprisonment for up to a year was added to the pillory. Mutilation was

rare, but there are cases of men losing their right hands for rescuing

prisoners. The death penalty was usually by hanging. The following four

London cases pertain to customs, bad grain, surgery, and apprenticeship,

respectively.

"John le Paumer was summoned to answer Richer de Refham, Sheriff, in a

plea that, whereas the defendant and his Society of Bermen [carriers] in

the City were sworn not to carry any wine, by land or water, for the use

of citizens or others, without the Sheriff's mark, nor lead nor cause it

to be led, whereby the Sheriff might be defrauded of his customs,

nevertheless he caused four casks of wine belonging to Ralph le Mazun of

Westminster to be carried from the City of Westminster without the

Sheriff's mark, thus defrauding the latter of his customs in contempt of

the king etc. The defendant acknowledged the trespass. Judgment that he

remain in the custody of the Sheriff till he satisfy the King and the

Court for offense."

"Walter atte Belhaus, William atte Belhous, Robert le Barber dwelling at

Ewelleshalle, John de Lewes, Gilbert le Gras, John his son, Roger le

Mortimer, William Ballard atte Hole, Peter de Sheperton, John Brun and

the wife of Thomas the pelterer, Stephen de Haddeham, William de

Goryngg, Margery de Frydaiestrate, Mariot, who dwells in the house of

William de Harwe, and William de Hendone were attached to answer for

forestalling all kinds of grain and exposing it, together with putrid

grain, on the pavement, for sale by the bushel, through their men and

women servants; and for buying their own grain from their own servants

in deception of the people. The defendants denied that they were guilty

and put themselves on their country. A jury of Richard de Hockeleye and

others brought in a verdict of guilty, and the defendants were committed

to prison till the next Parliament."

"Peter the Surgeon acknowledged himself bound to Ralph de Mortimer, by

Richard atte Hill his attorney, in the sum of 20s., payable at certain

terms, the said Ralph undertaking to give Peter a letter of acquittance

[release from a debt]. This Recognizance arose out of a covenant between

them with regard to the effecting of a cure. Both were amerced for

coming to an agreement out of Court. A precept was issued to summon all

the surgeons of the City for Friday, that an inquiry might be made as to

whether the above Peter was fitted to enjoy the profession of a

surgeon."

"Thomas de Kydemenstre, shoemaker, was summoned to answer William de

Beverlee, because he did not clothe, feed and instruct his apprentice

Thomas, William's son, but drove him away. The defendant said that the

apprentice lent his master's goods to others and promised to restore

them or their value, but went away against his wish; and he demanded a

jury. Subsequently, a jury of William de Upton and others said the

apprentice lent two pairs of shoes belonging to his master and was told

to restore them, but, frightened by the beating which he received, ran

away; further that the master did not feed and clothe his apprentice as

he ought, being unable to do so, to the apprentice's damage 40d., but

that he was now in a position to look after his apprentice. Thereupon

Thomas de Kydemenstre said he was willing to have the apprentice back

and provide for him, and the father agreed. Judgment that the master

take back the apprentice and feed and instruct him, or that he repay to

the father, the money paid to the latter, and that he pay the father the

40d. and be in mercy."

A professional class of temporal attorneys whose business it is to

appear on behalf of litigants is prominent in the nation. Attorneys are

now drawn from the knightly class of landed gentlemen, instead of

ecclesiastical orders. Since it was forbidden for ecclesiastics to act

as advocates in the secular courts, those who left the clergy to become

advocates adopted a close-fitting cap to hide their tonsures, which came

to be called a "coif". The great litigation of the nation is conducted

by a small group of men, as is indicated by the earliest Year Books of

case decisions. They sit in court and will sometimes intervene as amicus

curiae [friends of the court]. Parliament refers difficult points of law

to them as well as to the justices. These reports became so

authoritative that they could be cited in the courts as precedent.

Groups of attorneys from the countryside who are appearing in London

courts during term-time and living in temporary lodgings start to form

guild-like fellowships and buy property where they dine and reside

together, called the Inns of Court. They begin to think of themselves as

belonging to a profession, with a feeling of responsibility for training

the novices who sat in court to learn court procedures and attorney

techniques. They invited these students to supper at the Inns of Court

for the purpose of arguing about the day's cases. The Inns of Court

evolved a scheme of legal education, which was oral and used

disputations. Thus they became educational institutions as well as clubs

for practicing attorneys. The call to the bar of an Inn was in effect a

degree. To be an attorney one had to be educated and certified at the

Inns of Court. They practice law full time. Some are employed by the

King. Justices come to be recruited from among those who had passed

their lives practicing law in court, instead of from the ecclesiastical

orders. All attorneys were brought under the control of the justices.

There are two types of attorney: one attorney appears in the place of

his principal, who does not appear. The appointment of this attorney is

an unusual and a solemn thing, only to be allowed on special grounds and

with the proper formalities. For instance, a poor person may not be able

to afford to travel to attend the royal court in person. The other one

is the pleader-attorney, who accompanies his client to court and

advocates his position with his knowledge of the law and his

persuasiveness.

In 1280, the city of London made regulations for the admission of both

types of attorneys to practice before the civic courts, and for their

due control. In 1292 the king directed the justices to provide a certain

number of attorneys and apprentices to follow the court, who should have

the exclusive right of practicing before it. This begins the process

which will make the attorney for legal business an "officer of the

court" which has appointed him.

- - - Chapter 9 - - -

- The Times: 1348-1399 -

Waves of the black death, named for the black spots on the body, swept

over the nation. The black blotches were caused by extensive internal

bleeding. The plague was carried in the blood of black rats and

transmitted to humans by the bite of the rat flea, but this cause was

then unknown. The first wave of this plague, in 1348, lasted for three

years and desolated the nation by about one half the population in the

towns and one third in the country. People tried to avoid the plague by

flight. The agony and death of so many good people caused some to

question their belief in God. Also, it was hard to understand why

priests who fled were less likely to die than priests who stayed with

the dying to give them the last rites. Legal and judicial, as well as

other public business weere interrupted by theplague and ceased for two

years. Thus begins a long period of disorganization, unrest, and social

instability. Customary ways were so upset that authority and tradition

were no longer automatically accepted. Fields lay waste and sheep and

cattle wandered over the countryside. Local courts could seldom be held.

Some monasteries in need of cash sold annuities to be paid in the form

of food, drink, clothing, and lodging during the annuitant's life, and

sometimes that of his widow also. Guilds and rich men made contributions

to the poor and ships with provisions were sent to various parts of the

country for the relief of starving people. In London, many tradesmen and

artisans formed parish fraternities which united people of all social

levels and women on almost equal terms with men, in communal devotion

and mutual support, such as help in resolving disputes, moral guidance,

money when needed, and burial and masses.

Farm workers were so rare that they were able to demand wages at double

or triple the pre-plague rate. The pre-plague had been 4-6d. daily for

masons, carpenters, plasterers, and tilers and 3d. for their laborers.

These laborers could buy 12 cheap loaves, 3 gallons of ale, and a gallon

of cheap wine or half a pair of shoes. Prices did not go up nearly as

much as wages. Villeins relinquished their tenements, and deserted their

manors, to get better wages elsewhere. They became nomadic, roaming from

place to place, seeking day work for good wages where they could get it,

and resorting to thievery on the highways or beggary where they could

not. The Robin Hood legends were popular among them. In them, Robin Hood

is pure outlaw and does not contribute money to the poor. Nor does he

court Maid Marion.

Villeins spread political songs among each other, such as: "To seek

silver to the King, I my seed sold; wherefore my land lieth fallow and

learneth to sleep. Since they fetched my fair cattle in my fold; when I

think of my old wealth, well nigh I weep. Thus breedeth many beggars

bold; and there wakeneth in the world dismay and woe, for as good is

death anon as so for to toil."

Groups of armed men took lands, manors, goods, and women by force. The

villeins agreed to assist each other in resisting by force their lords'

efforts to return them to servitude. A statute of laborers passed in

1351 for wages to be set at the pre-plague rates was ineffectual.

Justices became afraid to administer the law. Villeins, free peasants,

and craftsmen joined together and learned to use the tactics of

association and strikes against their employers.

The office of Justice of the Peace was created for every county to deal

with rioting and vagrants. Cooperation by officials of other counties

was mandated to deal with fugitives from its justice.

The Black Death visited again in 1361 and in 1369. The Black Death

reduced the population from about 5 million to about 2 1/2 million. It

was to rise to about 4 million by 1600.

When there were attempts to enforce the legal servitude of the

villeins, they spread rhymes of their condition and need to revolt. A

secret league, called the "Great Society" linked the centers of

intrigue. A high poll tax, graduated from 20s. to 12d., that was to be

raised for a war with France, touched off a spontaneous riot all over

the nation in 1381. This tax included people not taxed before, such as

laborers, the village smith, and the village tiler. Each area had its

own specific grievances. There was no common political motive, except

maladministration in general.

In this Peasants' Revolt, mobs overran the counties around London. The

upper classes fled to the woods. Written records of the servitude of

villeins were burned in their halls, which were also looted. Title deeds

of landlords were burned. Rate rolls of general taxation were destroyed.

Prisoners were released from gaols. Men connected with tax collection,

law enforcement, attorneys, and alien merchants were beheaded. The Chief

Justice was murdered while fleeing. The archbishop, who was a

notoriously exploitive landlord, the chancellor, and the treasurer were

murdered. Severed heads were posted on London Bridge. A mob took control

of the king's empty bedchamber in the Tower. The villeins demanded that

service to a lord be by agreement instead of by servitude, a commutation

of villein service for rents of a maximum of 4d. per acre yearly,

abolition of a lord's right for their work on demand (e.g. just before a

hail storm so only his crops were saved), and the right to hunt and

fish. The sokemen protested having to use the lord's mill and having to

attend his court.

The revolt was suppressed and its leaders punished. The king issued

proclamations forbidding unauthorized gatherings and ordering tenants of

land to perform their customary services. The poll tax was dropped. For

the future, the duty to deal with rioting and vagrants was given to

royal justices, sheriffs, mayors, bailiffs, and constables as well as

the Justices of the Peace. There was a high Justice of the Peace in each

hundred and a petty constable in each parish. Justices of the Peace

could swear in neighbors as unpaid special constables when disorder

broke out.

The sheriff was responsible for seeing that men of the lower classes

were organized into groups of ten for police and surety purposes, and

for holding of hundred and county courts, arresting suspects, guarding

prisoners awaiting trial, carrying out the penalties adjudged by the

courts, and collecting Crown revenue through his bailiffs. Royal writs

were addressed to the sheriff. Because many sheriffs had taken fines and

ransoms for their own use, a term limit of one year was imposed.

Sheriffs, hundreders, and bailiffs had to have lands in the same

counties or bailiwicks [so they could be held answerable to the King].

Efforts were made to keep laborers at the plough and cart rather than

learn a craft or entering and being educated by the church. The new

colleges at the universities ceased to accept villeins as students.

Due to the shortage of labor, landlords' returns had decreased from

about 20% to about 5%. But some found new methods of using land that

were more profitable than the customary services of villeins who had

holdings of land or the paid labor of practically free men who paid a

money rent for land holdings. One method was to turn the land to sheep

breeding. Others leased their demesne land, which transferred the burden

of getting laborers from the landlord to the lessee-tenant. The payment

was called a "farm" and the tenant a "farmer". First, there were

stock-and-land leases, in which both the land and everything required to

cultivate it were let together. After 50 years, when the farmers had

acquired assets, there were pure land leases. Landlords preferred to

lease their land at will instead of for a term of years to prevent the

tenant from depleting the soil with a few richer crops during the last

years of his tenancy. The commutation of labor services into a money

payment developed into a general commutation of virtually all services.

Lords in need of money gladly sold manumissions to their villeins.

The lord and lady of some manors now ate with their family and

entertained guests in a private parlor [from French word 'to speak"] or

great chamber, where they could converse and which had its own

fireplace. The great chamber was usually at the fireplace end of the

great hall, where there was a high table. The great hall had been too

noisy for conversation and now was little used. There were also separate

chambers or bed-sitting rooms for guests or members the family or

household, in which one slept, received visitors, played games, and

occasionally ate.

Some farmers achieved enough wealth to employ others as laborers on

their farms. The laborers lived with their employer in his barn,

sleeping on hay in the loft, or in mud huts outside the barn. The

farmer's family lived at one end of the barn around an open fire. Their

possessions typically were: livestock, a chest, a trestle table,

benches, stools, an iron or bronze cauldron and pots, brooms, wooden

platters, wooden bowls, spoons, knives, wooden or leather jugs, a salt

box, straw mattresses, wool blankets, linen towels, iron tools, and rush

candles [used the pith of a rush reed for the wick]. Those who could not

afford rush candles could get a dim light by using a little grease in a

shallow container, with a few twisted strands of linen thread afloat in

it. The peasants ate dark bread and beans and drank water from springs.

Milk and cheese were a luxury for them. Those who could not afford bread

instead ate oat cakes made of pounded beans and bran, cheese, and

cabbage. They also had leeks, onions, and peas as vegetables. Some

farmers could afford to have a wooden four-posted bedstead, hens, geese,

pigs, a couple of cows, a couple of sheep, or two-plough oxen. July was

the month when the divide between rich and poor became most apparent.

The rich could survive on the contents of their barns, but the poor

tried to survive by grinding up the coarsest of wheat bran and shriveled

peas and beans to make some sort of bread. Grain and bread prices soared

during July. Farming still occupied the vast majority of the population.

Town inhabitants and university students went into the fields to help

with the harvest in the summer. Parliament was suspended during the

harvest.

Town people had more wealth than country people. Most townspeople slept

in nightgowns and nightcaps in beds with mattresses, blankets, linen

sheets, and pillows. Beds were made every morning. Bathing was by

sponging hot water from a basin over the body, sometimes with herbs in

it, rinsing with a splash of warm water, and drying off with a towel.

Tubs used only for baths came into use. There were drapery rugs hung

around beds, handheld mirrors of glass, and salt cellars. The first meal

of the day was a light breakfast, which broke the fast that had lasted

the night. Meals were often prepared according to recipes from cook

books which involved several preparation procedures using flour, eggs,

sugar, cheese, and grated bread, rather than just simple seasoning.

Menus were put together with foods that tasted well together and served

on plates in several courses. Children's sweets included gingerbread and

peppermint drops. Sheffield cutlery was world famous. Table manners

included not making sounds when eating, not playing with one's spoon or

knife, not placing one's elbows on the table, keeping one's mouth clean

with a napkin, and not being boisterous. There were courtesies such as

saying "Good Morning" when meeting someone and not pointing one's finger

at another person. King Richard II invented the handkerchief for

sneezing and blowing one's nose. There were books on etiquette. Cats

were the object of superstition, but there was an Ancient and Honorable

Order of the Men Who Stroke Cats.

New burgesses were recruited locally, usually from within a 20 mile

radius of town. Most of the freemen of the larger boroughs, like

Canterbury and London, came from smaller boroughs. An incoming burgess

was required to buy his right to trade either by way of a seven year

apprenticeship or by payment of an entry fee. To qualify, he needed both

a skill and social respectability.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 24 / 67 段