If anyone finds a hawk [used to hunt birds, ducks, and pheasant] that a

lord has lost, he must take it to the sheriff for keeping for the lord

to claim. If there is no claim after four months, the finder may have it

only if he is a gentleman. If one steals a hawk from a lord or conceals

from him the fact that it has been found, he shall pay the price of the

hawk and be imprisoned for two years.

No laborer or any other man who does not have lands and tenements of

the value of 40s. per year shall keep a greyhound or other hound or dog

to hunt, nor shall they use nets or cords or other devices to take deer,

hare, rabbits, nor other gentlemen's game, upon pain of one year

imprisonment. (The rabbit had been introduced by the Normans.) This 1390

law was primarily intended to stop the meetings of laborers and

artificers.

No man shall eat more than two courses of meat or fish in his house or

elsewhere, except at festivals, when three are allowed [because great

men ate costly meats to excess and the lesser people were thereby

impoverished].

No one may export silver, whether bullion or coinage, or wine except

foreign merchants may carry back the portion of their money not used to

buy English commodities. The penalty for bringing false or counterfeit

money into the nation is loss of life and member. An assigned searcher

[inspector] for coinage of the nation on the sea passing out of the

nation or bad money in the nation shall have one third of it. No foreign

money may be used in the nation.

Each goldsmith shall have an identifying mark, which shall be placed on

his vessel or work only after inspection by the King's surveyor.

No one shall give anything to a beggar who is capable of working.

Vagrants begging in London were banned by this 1359 ordinance:

"Forasmuch as many men and women, and others, of divers counties, who

might work, to the help of the common people, have betaken themselves

from out of their own country to the city of London and do go about

begging there so as to have their own ease and repose, not wishing to

labor or work for their sustenance, to the great damage of the common

people; and also do waste divers alms which would otherwise be given to

many poor folks, such as lepers, blind, halt, and persons oppressed with

old age and divers other maladies, to the destruction of the support of

the same - we do command on behalf of our lord the King, whom may God

preserve and bless, that all those who go about begging in the said city

and who are able to labor and work for the profit of the common people

shall quit the said city between now and Monday next ensuing. And if any

such shall be found begging after the day aforesaid, the same shall be

taken and put in the stocks on Cornhill for half a day the first time,

and the second time he shall remain in the stocks one whole day, and the

third time he shall be taken and shall remain in prison for forty days

and shall then forswear the said city forever. And every constable and

the beadle of every ward of the said city shall be empowered to arrest

such manner of folks and to put them in the stocks in manner aforesaid."

The hundred year cry to "let the king live on his own" found fruition

in a 1352 statute requiring consent of the Parliament before any

commission of array for militia could be taken and a 1362 statute

requiring purchases of goods and means of conveyance for the king and

his household to be made only by agreement with the seller and with

payment to him before the king traveled on, instead of at the low prices

determined unilaterally by the king's purveyor.

Every man who has wood within the forest may take houseboot [right to

take wood for repair of one's house] and heyboot [right to take material

for the maintenance of hedges and fences, and the making of farming

utensils] in his wood without being arrested so long as it take such

within the view of the foresters.

No fecal matter, dung, garbage, or entrails of animals killed shall be

put into ditches or rivers or other waters, so that maladies and

diseases will not be caused by corrupted and infected air. The penalty

is 400s. to the king after trial by the Chancellor.

Gifts or alienation of land to guilds, fraternities, or towns are

forbidden. Instead, it escheats to its lord, or in his default, to the

King.

No man will be charged to go out of his county to do military service

except in case of an enemy invasion of the nation. Men who chose to go

into the king's service outside the nation shall be paid wages by the

king until their return.

Admiralty law came into being when ancient naval manners and customs

were written down as the "Black Book of the Admiralty". This included

the organization of the fleet under the Admiral, sea-maneuver rules such

as not laying anchor until the Admiral's ship had, engagement rules, and

the distribution of captured goods: one-fourth to the vessel owner,

one-fourth to the king if the seamen were paid by the king's wages, and

the rest divided among the crew and Admiral. Stealing a boat or an

anchor holding a boat was punishable by hanging. Stealing an oar or an

anchor was punishable by forty days imprisonment for the first offense,

six months imprisonment for the second, and hanging for the third.

Desertion was punishable by loss of double the amount of wages earned

and imprisonment for one year. Cases were tried by jury in the Admiral's

court.

Wines, vinegar, oil and honey imported shall be gauged by the King's

appointees.

- Judicial Procedure -

The office of Justice of the Peace was developed and filled by knights,

esquires and gentlemen who were closely associated with the magnates.

There was no salary nor any requirement of knowledge of the law. They

were to pursue, restrain, arrest, imprison, try, and duly punish felons,

trespassers, and rioters according to the law. They were expected to

arrest vagrants who would not work and imprison them until sureties for

good behavior was found for them. They also were empowered to inspect

weights and measures. Trespass included forcible offenses of breaking of

a fence enclosing private property, assault and battery, false

imprisonment, and taking away goods and chattels.

The action of trespass was replacing private suits for murder and for

personal injury.

Pardons may be given only for slaying another in one's own defense or

by misfortune [accident], and not for slaying by lying in wait, assault,

or malice aforethought.

Justices of Assize, sheriffs, and Justices of the Peace and mayors

shall have power to inquire of all vagabonds and compel them to find

surety of their good bearing or be imprisoned.

A reversioner shall be received in court to defend his right when a

tenant for a term of life, tenant in dower, or by curtesy of the nation,

or in [Fee] Tail after Possibility of Issue extinct are sued in court

for the land, so as to prevent collusion by the demandants.

A person in debt may not avoid his creditors by giving his tenements or

chattels to his friends in collusion to have the profits at his will.

Where there was a garnishment given touching a plea of land, a writ of

deceit is also maintainable.

Actions of debt will be heard only in the county where the contract was

made. The action of debt includes enforcement of contracts executed or

under seal, e.g. rent due on a lease, hire of an archer, contract of

sale or repair of an item. Thus there is a growing connection between

the actions of debt and contract.

Executors have an action for trespass to their testators' goods and

chattels in like manner as did the testator when alive.

If a man dies intestate, his goods shall be administered by his next

and most lawful friends appointed. Such administrators shall have the

same powers and duties as executors and be accountable as are executors

to the ecclesiastical court.

Children born to English parents in parts beyond the sea may inherit

from their ancestors in the same manner as those born in the nation.

A person grieved by a false oath in a town court proceeding may appeal

to the King's Bench or Common Pleas, regardless of any town franchise.

It was exceptional for the King to sit on the Court of the King's

Bench, which worked independently of the King.and became confined to the

established common law.

Decisions of the common law courts are appealable to the House of

Lords. The king's council members who are not peers, in particular the

justices and the Masters of the Chancery, are summoned by the House of

Lords only as mere assistants. Parliament may change the common law by

statute. The right of a peer to be tried for capital crimes by a court

composed of his peers was established. There was a widespread belief

that all the peers are by right the king's councilors.

No attorney may practice law and also be a justice of assize. No

justice may take any gift except from the king nor give counsel to any

litigant before him.

In 1390, there was a statute against maintainers, instigators,

barretors, procurers, and embracers of quarrels and inquests because of

great and outrageous oppressions of parties in court. Because this

encouraged maintenance by the retinue of lords with fees, robes, and

other liveries, such maintainers were to be put out of their lords'

service, and could not be retained by another lord. No one was to give

livery to anyone else, except household members and those retained for

life for peace or for war. Justices of the Peace were authorized to

inquire about yeomen, or other of lower estate than squire, bearing

livery of any lord.

Whereas it is contained in the Magna Carta that none shall be

imprisoned nor put out of his freehold, nor of his franchises nor free

custom, unless it be by the law of the land; it is established that from

henceforth none shall be taken by petition or suggestion made to the

king unless by indictment of good and lawful people of the same

neighborhood where such deeds be done, in due manner, or by process made

by writ original at the common law; nor that none be out of his

franchise, nor of his freeholds, unless he be duly brought into answer

and before judges of the same by the course of law.

The Chancery came to have a separate and independent equitable

jurisdiction. It heard petitions of misconduct of government officials

or of powerful oppressors, fraud, accident, abuse of trust, wardship of

infants, dower, and rent charges. Because the common law and its

procedures had become technical and rigid, the Chancery was given equity

jurisdiction by statute in 1285. King Edward III proclaimed that

petitions for remedies that the common law didn't cover be addressed to

the Chancellor, who was not bound by established law, but could do

equity. In Chancery, if there is a case that is similar to a case for

which there is a writ, but is not in technical conformity with the

requirements of the common law for a remedy, then a new writ may be made

for that case by the Chancellor. These were called "actions on the

case". Also, Parliament may create new remedies. There were so many

cases that were similar to a case with no remedy specified in the common

law, that litigants were flowing into the Chancery. The Chancellor gave

swift and equitable relief, which was summary. With the backing of the

council, the Chancellor made decisions implementing the policy of the

Statute of Laborers. Most of these concerned occupational competency,

for instance negligent activity of carriers, builders, shepherds,

doctors, cloth workers, smiths, innkeepers, and gaolers. For instance,

the common law action of detinue could force return of cloth bailed for

fulling or sheep bailed for pasturing, but could not address damages due

to faulty work. The Chancellor addressed issues of loss of wool, dead

lambs, and damaged sheep, as well as dead sheep. He imposed a legal duty

on innkeepers to prevent injury or damage to a patron or his goods from

third parties. A dog bite or other damage by a dog known by its owner to

be vicious was made a more serious offense than general damage by any

dog. A person starting a fire was given a duty to prevent the fire from

damaging property of others. The King will fine instead of seize the

land of his tenants who sell or alienate their land, such fine to be

determined by the Chancellor by due process.

Only barons who were peers of the House of Lords were entitled to trial

in the House of Lords. In practice, however, this pertained only to

major crimes.

Treason was tried by the lords in Parliament, by bill of "attainder".

It was often used for political purposes. Most attainders were reversed

as a term of peace made between competing factions.

The King's coroner and a murderer who had taken sanctuary in a church

often agreed to the penalty of confession and perpetual banishment from

the nation as follows: "Memorandum that on July 6, [1347], Henry de

Roseye abjured the realm of England before John Bernard, the King's

coroner, at the church of Tendale in the County of Kent in form

following: 'Hear this, O lord the coroner, that I, Henry de Roseye, have

stolen an ox and a cow of the widow of John Welsshe of Retherfeld; and I

have stolen eighteen beasts from divers men in the said county. And I

acknowledge that I have feloniously killed Roger le Swan in the town of

Strete in the hundred of Strete in the rape [a division of a county] of

Lewes and that I am a felon of the lord King of England. And because I

have committed many ill deeds and thefts in his land, I abjure the land

of the Lord Edward King of England, and [I acknowledge] that I ought to

hasten to the port of Hastings, which thou hast given me, and that I

ought not to depart from the way, and if I do so I am willing to be

taken as a thief and felon of the lord King, and that at Hastings I will

diligently seek passage, and that I will not wait there save for the

flood and one ebb if I can have passage; and if I cannot have passage

within that period, I will go up to the knees into the sea every day,

endeavoring to cross; and unless I can do so within forty days, I will

return at once to the church, as a thief and a felon of the lord King,

so help me God."

Property damage by a tenant of a London building was assessed in a 1374

case: "John Parker, butcher, was summoned to answer Clement Spray in a

plea of trespass, wherein the latter complained that the said John, who

had hired a tavern at the corner of St. Martin- le-Grand from him for

fifteen months, had committed waste and damage therein, although by the

custom of the city no tenant for a term of years was entitled to destroy

any portion of the buildings or fixtures let to him. He alleged that the

defendant had taken down the door post of the tavern and also of the

shop, the boarded door of a partition of the tavern, a seat in the

tavern, a plastered partition wall, the stone flooring in the chamber,

the hearth of the kitchen, and the mantelpiece above it, a partition in

the kitchen, two doors and other partitions, of a total value of 21s.

four pounds, 1s. 8d., and to his damage, 400s. [20 pounds]. The

defendant denied the trespass and put himself on the country. Afterwards

a jury [panel]... found the defendant guilty of the aforesaid trespass

to the plaintiff's damage, 40d. Judgment was given for that amount and a

fine of 1s. to the King, which the defendant paid immediately in court."

The innkeeper's duty to safeguard the person and property of his

lodgers was applied in this case:

"John Trentedeus of Southwark was summoned to answer William Latymer

touching a plea why, whereas according to the law and custom of the

realm of England, innkeepers who keep a common inn are bound to keep

safely by day and by night without reduction or loss men who are passing

through the parts where such inns are and lodging their goods within

those inns, so that, by default of the innkeepers or their servants, no

damage should in any way happen to such their guests ...

On Monday after the Feast of the Purification of the Virgin Mary in the

fourth year of the now King by default of the said John, certain

malefactors took and carried away two small portable chests with 533s.

and also with charters and writings, to wit two writings obligatory, in

the one of which is contained that a certain Robert Bour is bound to the

said William in 2,000s. and in the other that a certain John Pusele is

bound to the same William in 800s. 40 pounds ... and with other

muniments [writings defending claims or rights] of the same William, to

wit his return of all the writs of the lord King for the counties of

Somerset and Dorset, whereof the same William was then sheriff, for the

morrow of the Purification of the Blessed Mary the Virgin in the year

aforesaid, as well before the same lord the King in his Chancery and in

his Bench as before the justices of the King's Common Bench and his

barons of his Exchequer, returnable at Westminster on the said morrow,

and likewise the rolls of the court of Cranestock for all the courts

held there from the first year of the reign of the said lord the King

until the said Monday, contained in the same chests being lodged within

the inn of the same John at Southwark

And the said John ... says that on the said Monday about the second hour

after noon the said William entered his inn to be lodged there, and at

once when he entered, the same John assigned to the said William a

certain chamber being in that inn, fitting for his rank, with a door and

a lock affixed to the same door with sufficient nails, so that he should

lie there and put and keep his things there, and delivered to the said

William the key to the door of the said chamber, which chamber the said

William accepted...

William says that ... when the said John had delivered to him the said

chamber and key as above, the same William, being occupied about divers

businesses to be done in the city of London, went out from the said inn

into the city to expedite the said businesses and handed over the key of

the door to a certain servant of the said William to take care of in

meantime, ordering the servant to remain in the inn meanwhile and to

take care of his horses there; and afterwards, when night was falling,

the same William being in the city and the key still in the keeping of

the said servant, the wife of the said John called unto her into her

hall the said servant who had the key, giving him food and drink with a

merry countenance and asking him divers questions and occupying him thus

for a long time, until the staple of the lock of the door aforesaid was

thrust on one side out of its right place and the door of the chamber

was thereby opened and his goods, being in the inn of the said John,

were taken and carried off by the said malefactors ... The said John

says ...[that his wife did not call the servant into the hall, but that]

when the said servant came into the said hall and asked his wife for

bread and ale and other necessaries to be brought to the said chamber of

his master, his wife immediately and without delay delivered to the same

servant the things for which he asked ... protesting that no goods of

the same William in the said inn were carried away by the said John his

servant or any strange malefactors other than the persons of the

household of the said William."

On the Coram Rege Roll of 1395 is a case on the issue of whether a

court crier can be seized by officers of a staple:

"Edmund Hikelyng, 'crier', sues William Baddele and wife Maud, John

Olney, and William Knyghtbrugge for assault and imprisonment at

Westminster, attacking him with a stick and imprisoning him for one hour

on Wednesday before St. Martin, 19 Richard II.

Baddele says Mark Faire of Winchester was prosecuting a bill of debt for

18s. against Edmund and John More before William Brampton, mayor of the

staple of Westminster, and Thomas Alby and William Askham, constables of

the said staple, and on that day the Mayor and the constables issued a

writ of capias against Edmund and John to answer Mark and be before the

Mayor and the constables at the next court. This writ was delivered to

Baddele as sergeant of the staple, and by virtue of it he took and

imprisoned Edmund in the staple. Maud and the others say they aided

Baddele by virtue of the said writ.

Edmund does not acknowledge Baddele to be sergeant of the staple or Mark

a merchant of the staple or that he was taken in the staple. He is

minister of the King's Court of his Bench and is crier under Thomas

Thorne, the chief crier, his master. Every servant of the court is under

special protection while doing his duty or on his way to do it. On the

day in question, he was at Westminster carrying his master's staff of

office before Hugh Huls, one of the King's justices, and William took

him in the presence of the said justice and imprisoned him.

The case is adjourned for consideration from Hilary to Easter."

A law of equity began to be developed from decisions by the Chancellor

in his court of conscience from around 1370. One such case was that of

Godwyne v. Profyt sometime after 1393. This petition was made to the

Chancellor: To the most reverend Father in God, and most gracious Lord,

the bishop of Exeter, Chancellor of England. Thomas Godwyne and Joan his

wife, late wife of Peter at More of Southwerk, most humbly beseech that,

whereas at Michaelmas in the 17th year of our most excellent lord King

Richard who now is, the said Peter at More in his lifetime enfeoffed

Thomas Profyt parson of St. George's church Southwerk, Richard Saundre,

and John Denewey, in a tenement with the appurtenances situated in

Southwerk and 24 acres of land 6 acres of meadow in the said parish of

St. George and in the parish of our Lady of Newington, on the conditions

following, to wit, that the said three feoffees should, immediately

after the death of the said Peter, enfeoff the said Joan in all the said

lands and tenements with all their appurtenances for the life of the

said Joan, with remainder after her decease to one Nicholas at More,

brother of the said Peter, to hold to him and the heirs of his body

begotten, and for default of issue, then to be sold by four worthy

people of the said parish, and the money to be received for the same to

be given to Holy Church for his soul; whereupon the said Peter died. And

after his death two of the said feoffees, Richard and John, by the

procurement of one John Solas, released all their estate in the said

lands and tenements to the said Thomas Profyt, on the said conditions,

out of the great trust that they had in the said Thomas Profyt, who was

their confessor, that he would perform the will of the said Peter [at

More] in the form aforesaid; and this well and lawfully to do the said

Thomas Profyt swore on his Verbum Dei and to perform the said conditions

on all points. And since the release was so made, the said Thomas

Profyt, through the scheming and false covin of the said John Solas, has

sold all the lands and tenements aforesaid to the same John Solas for

ever. And the said John Solas is bound to the said Thomas Profyt in 100

pounds by a bond to make defense of the said lands and tenements by the

bribery and maintenance against every one; and so by their false

interpretation and conspiracy the said Joan, Nicholas, and Holy Church

are like to be disinherited and put out of their estate and right, as is

abovesaid, for ever, tortiously, against the said conditions, and

contrary to the will of the said Peter [at More]. May it please your

most righteous Lordship to command the said Thomas Profyt, Richard

Saundre, and John Denewy to come before you, and to examine them to tell

the truth of all the said matter, so that the said Joan, who has not the

wherewithal to live, may have her right in the said lands and tenements,

as by the examination before you, most gracious Lord, shall be found and

proved; for God and in way of holy charity.

- - - Chapter 10 - - -

- The Times: 1399-1485 -

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 27 / 67 段