A Sheriff was not to arrest, but to transfer indictments to the

Justices of the Peace of the county. He had to reside in his bailiwick.

The sheriff could be sued for misfeasance such as bribery in the King's

court.

Impeachment was replaced with bill of attainder during the swift

succession of parliaments during the civil war. This was a more rapid

and efficient technique of bringing down unpopular ministers or

political foes. There was no introduction of evidence, nor opportunity

for the person accused to defend himself, nor any court procedure, as

there was with impeachment.

An example of a case of common law decided by Court of King's Bench is

Russell's Case (1482) as follows:

In the king's bench one Thomas Russell and Alice his wife brought a writ

of trespass for goods taken from Alice while she was single. The

defendant appeared and pleaded not guilty but was found guilty by a jury

at nisi prius, which assessed the damages at 20 pounds. Before the case

was next to be heard in the King's Court an injunction issued out of the

Chancery to the plaintiffs not to proceed to judgment, on pain of 100

pounds, and for a long time judgment was not asked for. Then Hussey

CJKB. asked Spelman and Fincham, who appeared for the plaintiff if they

wanted to ask for judgment according to the verdict. Fincham [P]: We

would ask for judgment, except for fear of the penalty provided for in

the injunction, for fear that our client will be imprisoned by the

Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment in

spite of the injunction, for if it is addressed to the plaintiff his

attorney can ask for judgment, and vice versa. Hussey, CJKB: We have

consulted together on this matter among ourselves and we see no harm

which can come to the plaintiff if he proceeds to judgment. The law will

not make him pay the penalty provided in the injunction. If the

Chancellor wants to imprison him he must send him to the Fleet Prison,

and, as soon as you are there you will inform us and we shall issue a

habeas corpus returnable before us, and when you appear before us we

shall discharge you, so you will not come to much harm, and we shall do

all we can for you. Nevertheless, Fairfax said he would go to the

Chancellor and ask him if he would discharge the injunction. And they

asked for judgment and it was held that they should recover their

damages as assessed by the jury, but they would not give judgment for

damages caused by the vexation the plaintiff suffered through the

Chancery injunction. And they said that if the Chancellor would not

discharge the injunction, they would give judgment if the plaintiff

would ask for it.

An example of a petition to chancery in the 1400s is Hulkere v. Alcote,

as follows:

To the right reverend father in God and gracious lord bishop of Bath,

chancellor of England, your poor and continual bedwoman Lucy Hulkere,

widow of Westminster, most meekly and piteously beseeches: that whereas

she has sued for many years in the King's Bench and in the Common Pleas

for withholding diverse charters and evidences of land, leaving and

delaying her dower of the manor of Manthorpe in Lincolnshire and also of

the manor of Gildenburton in Northamptonshire, together with the

withdrawing of her true goods which her husband gave her on his deathbed

to the value of 100 pounds and more, under record of notary, sued

against Harry Alcote and Elizabeth of the foresaid Gildenburton within

the same county of Northampton. And by collusion and fickle counsel of

the foresaid Harry and Elizabeth his mother there was led and shown for

him within the Common Pleas a false release, sealed, to void and exclude

all her true suit by record of true clerks and attorneys of the

aforesaid Common Pleas. Of the which false release proved she has a copy

to show. [All this is] to her great hindrance and perpetual destruction

unless she have help and remedy by your righteous and gracious lordship

in this matter at this time. That it please your noble grace and pity

graciously to grant a writ subpoena to command the foresaid Henry Alcote

and Elizabeth Alcote to come before your presence by a certain day by

you limited in all haste that they may come to Westminster to answer to

this matter abovesaid, for love of God and a deed of charity,

considering graciously that the foresaid Harry Alcote, with another

fellow of his affinity who is not lately hanged for a thief in Franceled

her into a garden at Gildenburton and put her down on the ground, laying

upon her body a board and a summer saddle and great stones upon the

board, the foresaid Harry Alcote sitting across her feet and the other

at her head for to have slain her and murdered her, and by grace of our

lady her mother- in-law out walking heard a piteous voice crying and by

her goodness she was saved and delivered, and otherwise would be dead.

Pledges to prosecute: John Devenshire of Berdevyle in Essex and James

Kelom of London. Returnable in Michaelmas term.

- - - Chapter 11 - - -

- The Times: 1485-1509 -

Henry Tudor and other exiles defeated and killed Richard III on

Bosworth field, which ends the civil War of the Roses between the

Lancaster and York factions. As King, Henry VII restored order to the

nation. He was readily accepted as king because he was descended from

the Lancaster royal line and he married a woman from the York royal

line. Henry was intelligent and sensitive. He weighed alternatives and

possible consequences before taking action. He was convinced by reason

on what plans to make. In his reign of 24 years, Henry applied himself

diligently to the details of the work of government to make it work

well. He strengthened the monarchy, shored up the legal system to work

again, and provided a peace in the land in which a renaissance of the

arts and sciences, culture, and the intellectual life could flourish.

His primary strategy was enacting and enforcing statutes to shore up the

undermined legal system, which includes the establishment of a new

court: the Court of the Star Chamber, to obtain punishment of persons

whom juries were afraid to convict. It had no jury and no grand jury

indictment. For speed and certainty, it tried people "ex officio": by

virtue of its office. Suspects were required to take an oath ex officio,

by which they swore to truthfully answer all questions put to them. A

man could not refuse to answer on the grounds of self-incrimination. The

Star Chamber was the room in which the King's council had met since the

1300s.

The most prevalent problems were: murder, robbery, rape or forced

marriage of wealthy women, counterfeiting of coin, extortion,

misdemeanors by sheriffs and escheators, bribing of sheriffs and jurors,

perjury, livery and maintenance agreements, idleness, unlawful plays,

and riots. Interference with the course of justice was not committed

only by lords on behalf of their retainers; men of humbler station were

equally prone to help their friends in court or to give assistance in

return for payment. Rural juries were intimidated by the old baronage

and their armed retinues. Juries in municipal courts were subverted by

gangs of townsmen. Justices of the Peace didn't enforce the laws. The

agricultural work of the nation had been adversely affected.

Henry made policy with the advice of his council and had Parliament

enact it into legislation. He dominated Parliament by having selected

most of its members. Many of his council were sons of burgesses and had

been trained in universities. He chose competent and especially trusted

men for his officers and commanders of castles and garrison. The fact

that only the king had artillery deterred barons from revolting. Also,

the baronial forces were depleted due to the civil War of the Roses. If

Henry thought a magnate was exercising his territorial power to the

King's detriment, he confronted him with an army and forced him to bind

his whole family in recognizances for large sums of money to ensure

future good conduct. Since the king had the authority to interpret these

pledges, they were a formidable check on any activity which could be

considered to be disloyal. The earl of Kent, whose debts put him

entirely at the King's mercy, was bound to "be seen daily once in the

day within the King's house". Henry also required recognizances from men

of all classes, including clergy, captains of royal castles, and

receivers of land. The higher nobility now consisted of about twenty

families. The heavy fines by the Star Court put an end to conspiracies

to defraud, champerty [an agreement with a litigant to pay costs of

litigation for a share in the damages awarded], livery, and maintenance.

The ties between the nobility and the Justices of the Peace had

encouraged corruption of justice. So Henry appointed many of the lesser

gentry and attorneys as Justices of the Peace. Also he appointed a few

of his councilors as nonresident Justices of the Peace. There were a

total of about thirty Justices of the Peace per county. Their

appointments were indefinite and most remained until retirement or

death. Henry instituted the Yeomen of the Guard to be his personal

bodyguards night and day.

Many bills of attainder caused lords to lose their land to the King.

Most of these lords had been chronic disturbers of the peace. Henry

required retainers to be licensed, which system lasted until about 1600.

Henry was also known to exhaust the resources of barons he suspected of

disloyalty by accepting their hospitality for himself and his household

for an extended period of time.

Henry built up royal funds by using every available procedure of

government to get money, by maximizing income from royal estates by

transferring authority over them from the Exchequer to knowledgeable

receivers, and from forfeitures of land and property due to attainders

of treason. He also personally reviewed all accounts and initialed every

page, making sure that all payments were made. He regularly ordered all

men with an income of 800s. [40 pounds] yearly from lands or revenue in

hand to receive knighthoods, which were avoided by those who did not

want to fight, or pay a high fee. As a result, the Crown became rich and

therefore powerful.

Henry's Queen, Elizabeth, was a good influence on his character. Her

active beneficence was a counteracting influence to his avaricious

predisposition. When Henry and his Queen traveled through the nation,

they often stopped to talk to the common people. They sometimes gave

away money, such as to a man who had lost his hand. Henry paid for an

intelligent boy he met to go to school.

Henry had the first paper mill erected in the nation. He fostered the

reading of books and the study of Roman law, the classics, and the

Bible. He had his own library and gave books to other libraries.

The age of entry to university was between 13 and 16. It took four

years' study of grammar, logic, and rhetoric to achieve the Bachelor of

Arts degree and another five before a master could begin a specialized

study of the civil law, canon law, theology, or medicine. Humanist

studies were espoused by individual scholars at the three centers of

higher learning: Oxford University, Cambridge University, and the Inns

of Court in London. The Inns of Court attracted the sons of gentry and

merchants pursuing practical and social accomplishments. The text of

"readings" to members of the inns survive from this time. In the

legalistic climate of these times, attorneys were prosperous.

The enclosure of land by hedges for sheep farming continued, especially

by rich merchants who bought country land for this purpose. Often this

was land that had been under the plough. Any villeins were given their

freedom and they and the tenants at will were thrown off it immediately.

That land held by copyholders of land who had only a life estate, was

withheld from their sons. Only freeholders and copyholders with the

custom of the manor in their favor were secure against eviction. But

they could be pressured to sell by tactics such as breeding rabbits or

keeping geese on adjoining land to the detriment of their crops, or

preventing them from taking their traditional short cuts across the now

enclosed land to their fields. The real line of distinction between

rural people was one of material means instead of legal status: free or

unfree. On one extreme was the well-to-do yeoman farmer farming his own

land. On the other extreme was the agricultural laborer working for

wages. Henry made several proclamations ordering certain enclosures to

be destroyed and tillage to be restored.

Other land put to use for sheep breeding was waste land. There were

three sheep to every person. The nearby woodlands no longer had wolves

or lynx who could kill the sheep. Bears and elk are also gone.There were

still deer, wild boar, wildcats and wild cattle in vast forests for the

lords to hunt. Wood was used for houses, arms, carts, bridges, and

ships.

The villages were still isolated from each other, so that a visitor

from miles away was treated as warily as a foreigner. Most people lived

and died where they had been born. A person's dialect indicated his

place of origin. The life of the village still revolved around the

church. In some parishes, its activities were highly organized, with

different groups performing different functions. For example, the

matrons looked after a certain altar; the maidens raised money for a

chapel or saw to the gilding of the images; the older men collected

money for church repair; and the younger men organized the church ales

and the church plays. Wills often left property or rents from leased

land to the church. Church cows and sheep given could be leased out to

villagers. Church buildings given could be leased out, turned over to

the poor, used to brew ale or bake bread for church ales, or used in

general as a place for church activities. Church ales would usually a

good source of income; alehouses would be closed during the ceremonies

and parishioners would contribute malt for the ale and grain, eggs,

butter, cheese, and fruits.

The largest town, London, had a population of about 70,000. Other towns

had a population less than 20,000. The population was increasing, but

did not reach the level of the period just before the black death.

In most large towns, there were groups of tailors and hatmakers,

glovers, and other leatherworkers. Some towns had a specialization due

to their proximity to the sources of raw materials, such as nails,

cutlery, and effigies and altars. Despite the spread of wool

manufacturing to the countryside, there was a marked increase of

industry and prosperity in the towns. The principal streets of the

larger towns were paved with gravel. Guild halls became important and

imposing architecturally.

A large area of London was taken up by walled gardens of the

monasteries and large mansions. There were some houses of stone and

timber and some mansions of brick and timber clustered around palaces.

In these, bedrooms increased in number, with rich bed hangings, linen

sheets, and bolsters. Bedspreads were introduced. Nightgowns were worn.

Fireplaces became usual in all the rooms. Tapestries covered the walls.

Carpets were used in the private rooms. Some of the great halls had

tiled floors. The old trestle tables were replaced by tables with legs.

Benches and stools had backs to lean on. A long gallery was used for

exercise, recreation such as music and dancing, and private

conversations. Women and men wore elaborate headdresses. On the outer

periphery are taverns and brothels, both made of mud and straw. Houses

are beginning to be built outside the walls of London along the Thames

because the collapse of the power of the great feudal lords decreased

the fear of an armed attack on London. The merchants introduced this

idea of living at a distance from the place of work so that they could

escape living in the narrow, damp, and dark lanes of the City and have

more light and space. Indeed no baronial army ever threatened the king

again. East of London were cattle pastures, flour mills, bakers,

cloth-fulling mills, lime burners, brick and tile makers, bell founders,

and ship repairing. There was a drawbridge on the south part of London

Bridge for defense and to let ships through. Water sports were played on

the Thames such as tilting at each other with lances from different

boats.

The Tailors' and Linen Armorers' Guild received a charter in 1503 from

the king as the "Merchant Tailors" to use all wares and merchandise,

especially wool cloth, as well wholesale as retail, throughout the

nation. Some schooling was now being made compulsory in certain trades;

the goldsmiths' company made a rule that all apprentices had to be able

to read and write. There are guilds of ironmongers, salters, and

haberdashers [hats and caps]

A yeoman was the second-rank person of some importance, below a knight,

below a gentleman, below a full member of a guild. In London, it meant

the journeyman or second adult in a small workshop. These yeomen had

their own fraternities and were often on strike. Some yeomen in the

large London industries, e.g. goldsmiths, tailors, cloth workers, who

had served an apprenticeship started their own businesses in London

suburbs outside the jurisdiction of their craft to search them.

The Merchant Adventurers created a London fellowship confederacy to

make membership of their society and compliance with its regulations

binding on all cloth traders and to deal with common interests and

difficulties such as taxation, relations with rulers, and dangers at

sea. They made and enforced trading rules, chartered fleets, and

organized armed convoys when the seas were unsafe and coordinated

policies with Henry VII. Membership could be bought for a large fee or

gained by apprenticeship or by being the son of a member.

Tudor government was paternalistic, curtailing cutthroat competition,

fixing prices and wages, and licensing production under grants of

monopoly to achieve a stable and contented society and a fair living for

all.

Foreign trade was revived because it was a period of comparative peace.

The nation sought to sell as much as possible to foreign nations and to

buy at little as possible and thereby increase its wealth in gold and

silver, which could be used for currency.

Ships weighed 200 tons and had twice the cargo space they had

previously. Their bows were more pointed and their high prows made them

better able to withstand gales. The mariners' compass with a pivoting

needle and circular dial with a scale was introduced. The scale gave

precision to directions. Ships had three masts. On the first was a

square sail. On the second was a square sail with a small rectangular

sail above it. On the third was a three cornered lateen sail. These

sails make it possible to sail in almost any direction. This opened the

seas of the world to navigation. At this time navigators kept their

knowledge and expertise secret from others. Adventurous seamen went on

voyages of discovery, such as John Cabot to North America in 1497,

following Italian Christopher Columbus' discovery of the new world in

1492. Ferdinand Magellan of Portugal circumnavigated the world in 1519,

proving uncontrovertedly that the earth was spherical rather than flat.

Theologians had to admit that Jerusalem was not the center of the world.

Sailors overcame their fear of tumbling into one of the openings into

hell that they believed were far out into the Atlantic Ocean and ceased

to believe that a red sunset in the morning was due to a reflection from

hell. Seamen could venture forth into the darkness of the broad Atlantic

Ocean with a fair expectation of finding their way home again. They

gradually learned that there were no sea serpents or monsters that would

devour foolhardy mariners. They learned to endure months at sea on a

diet of salt beef, beans, biscuits, and stale water and the bare deck

for a bed. But there were still mutinies and disobedient pilots.

Mortality rates among seamen were high. There are more navy ships, and

they have some cannon.

The blast furnace was introduced in the iron industry. A blast of hot

air was constantly forced from a stove into the lower part of the

furnace which was heating at high temperature a mixture of the iron ore

and a reducing agent that combined with the oxygen released. After the

iron was extracted, it was allowed to harden and then reheated and

hammered on an anvil to shape it and to force out the hard, brittle

impurities. Blast furnace heat was maintained by bellows worked by water

wheels. Alchemists sought to make gold from the baser metals and to make

a substance that would give them immortality. There was some thought

that suffocation in mines, caverns, wells, and cellars was not due to

evil spirits, but to bad air such as caused by "exhalation of metals".

In 1502, German Peter Henlein invented the pocket watch and the

mainspring inside it.

There were morality plays in which the seven deadly sins: pride,

covetousness, lust, anger, gluttony, envy, and sloth, fought the seven

cardinal virtues: faith, hope, charity, prudence, temperance, justice,

and strength, respectively, for the human soul. The play "Everyman"

demonstrates that every man can get to heaven only by being virtuous and

doing good deeds in his lifetime. It emphasizes that death may come

anytime to every man, when his deeds will be judged as to their goodness

or sinfulness. Card games were introduced. The legend of Robin Hood was

written down.

The Commons gained the stature of the Lords and statutes were regularly

enacted by the "assent of the Lords spiritual and temporal and the

Commons". The Commons now assented instead merely requested enactments.

- The Law -

Royal proclamations clarifying, refining or amplifying the law had the

force of parliamentary statutes. In 1486, the King proclaimed that

"Forasmuch as many of the King our sovereign lord's subjects [have] been

disposed daily to hear feigned, contrived, and forged tidings and tales,

and the same tidings and tales, neither dreading God nor his Highness,

utter and tell again as though they were true, to the great hurt of

divers of his subjects and to his grievous displeasure: Therefore, in

eschewing of such untrue and forged tidings and tales, the King our said

sovereign lord straitly chargeth and commandeth that no manner person,

whatsoever he be, utter nor tell any such tidings or tales but he bring

forth the same person the which was author and teller of the said

tidings or tales, upon pain to be set on the pillory, there to stand as

long as it shall be thought convenient to the mayor, bailiff, or other

official of any city, borough, or town where it shall happen any such

person to be taken and accused for any such telling or reporting of any

such tidings or tales. Furthermore the same our sovereign lord straitly

chargeth and commandeth that all mayors, bailiffs, and other officers

diligently search and inquire of all such persons tellers of such

tidings and tales not bringing forth the author of the same, and them

set on the pillory as it is above said." He also proclaimed in 1487 that

no one, except peace officers, may carry a weapon, e.g. bows, arrows, or

swords, in any town or city unless on a journey. He proclaimed in 1498

that no one may refuse to receive silver pennies or other lawful coin as

payment regardless of their condition as clipped, worn, thin, or old, on

pain of imprisonment and further punishment.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 31 / 67 段