At seaports on the coast, goods were loaded onto vessels owned by

English merchants to be transported to other English seaports.

London was a market town on the north side of the Thames River and

the primary port and trading center for foreign merchants. Streets

that probably date from this time include Milk, Bread, and Wood

Streets, and Honey Lane. There were open air markets such as

Billingsgate. There were wooden quays over much of the river front.

Houses were made of wood, with one sunken floor, or a ground floor

with a cellar beneath. Some had central stone hearths and earth

latrines. There were crude pottery cooking pots, beakers and

lamps, wool cloth, a little silk, simple leather shoes, pewter

jewelry, looms, and quernstones (for grinding flour). Wool, skins,

hides, wheat, meal, beer, lead, cheese, salt, and honey were

exported. Wine (mostly for the church), fish, timber, pitch,

pepper, garlic, spices, copper, gems, gold, silk, dyes, oil,

brass, sulphur, glass, slaves, and elephant and walrus ivory were

imported. Goods from the continent were sold at open stalls in

certain streets. Furs and slaves were traded. There was a royal

levy on exports by foreigners merchants. Southwark was reachable

by a bridge. It contained sleazy docks, prisons, gaming houses,

and brothels.

Guilds in London were first associations of neighbors for the

purposes of mutual assistance. They were fraternities of persons

by voluntary compact to assist each other in poverty, including

their widows or orphans and the portioning of poor maids, and to

protect each other from injury. Their essential features are and

continue to be in the future: 1) oath of initiation, 2) entrance

fee in money or in kind and a common fund, 3) annual feast and

mass, 4) meetings at least three times yearly for guild business,

5), obligation to attend all funerals of members, to bear the body

if need be from a distance, and to provide masses for the dead, 6)

the duty of friendly help in cases of sickness, imprisonment,

house burning, shipwreck, or robbery, 7) rules for decent behavior

at meetings, and 8) provisions for settling disputes without

recourse to the law. Both the masses and the feast were attended

by the women. Frequently the guilds also had a religious

ceremonial to affirm their bonds of fidelity. They readily became

connected with the exercise of trades and with the training of

apprentices. They promoted and took on public purposes such as the

repairing of roads and bridges, the relief of pilgrims, the

maintenance of schools and almshouses, and the periodic

performance of pageants and miracle plays telling scriptural

history, which could last for several days. The devil often was

prominent in miracle plays.

Many of these London guilds were known by the name of their

founding member. There were also Frith Guilds (peace guilds) and a

Knights' Guild. The Frith Guild's main object was to enforce the

King's laws, especially the prevalent problem of theft. They were

especially established by bishops and reeves. Members met monthly

and contributed about 4d. to a common fund, which paid a

compensation for items stolen. They each paid 1s. towards the

pursuit of the thief. The members were grouped in tens. Members

with horses were to track the thief. Members without horses worked

in the place of the absent horse owners until their return. When

caught, the thief was tried and executed. Overwhelming force was

used if his kindred tried to protect him. His property was used to

compensate the victim for his loss and then divided between the

thief's wife, if she was innocent, the King, and the guild. Owners

of slaves paid into a fund to give one half compensation to those

who lost slaves by theft or escape, and recaptured slaves were to

be stoned to death or hanged. The members of the peace guild also

feasted and drank together. When one died, the others each sang a

song or paid for the singing of fifty psalms for his soul and gave

a loaf.

The Knights' Guild was composed of thirteen military persons to

whom King Edgar granted certain waste land in the east of London,

toward Aldgate, and also Portsoken, which ran outside the eastern

wall of the city to the Thames, for prescribed services performed,

probably defense of the vulnerable east side of the city. This

concession was confirmed by King Edward the Confessor in a charter

at the suit of certain citizens of London, the successors of these

knights. Edward granted them sac and soke [cause and suit]

jurisdiction over their men.

Edward the Confessor made these rules for London:

1. Be it known that within the space of three miles from

all parts outside of the city a man ought not to hold or

hinder another, and also should not do business with him if

he wish to come to the city under its peace. But when he

arrives in the city, then let the market be the same to the

rich man as to the poor.

2. Be it also known that a man who is from the court of the

king or the barons ought not to lodge in the house of any

citizen of London for three nights, either by privilege or

by custom, except by consent of the host. For if he force

the host to lodge him in his house and there be killed by

the host, let the host choose six from his relatives and let

him as the seventh swear that he killed him for the said

cause. And thus he will remain quit of the murder of the

deceased towards the king and relatives and lords of the

deceased.

3. And after he has entered the city, let a foreign

merchant be lodged wherever it please him. But if he bring

dyed cloth, let him see to it that he does not sell his

merchandise at retail, but that he sell not less than a

dozen pieces at a time. And if he bring pepper, or cumin, or

ginger, or alum, or brasil wood, or resin, or incense, let

him sell not less than fifteen pounds at a time. But if he

bring belts, let him sell not less than a thousand at a

time. And if he bring cloths of silk, or wool or linen, let

him see that he cut them not, but sell them whole. But if he

bring wax, let him sell not less than one quartanum. Also a

foreign merchant may not buy dyed cloth, nor make the dye in

the city, nor do any work which belongs by right to the

citizens.

4. Also no foreign merchant with his partner may set up any

market within the city for reselling goods in the city, nor

may he approach a citizen for making a bargain, nor may he

stop longer in the City.

Every week in London there was a folkmote at St. Paul's

churchyard, where majority decision was a tradition. By 1032, it

had lost much of its power to the husting [household assembly in

Danish] court. The folkmote then had responsibility for order and

was the sole authority for proclaiming outlaws. It met three times

a year at St. Paul's churchyard and there acclaimed the sheriff

and justiciar, or if the king had chosen his officer, heard who

was chosen and listened to his charge. It also yearly arranged the

watch and dealt with risks of fire. It was divided into wards,

each governed by an alderman who presided over the wardmote, and

represented his ward at the folkmote. Each guild became a ward.

The chief alderman was the portreeve. London paid one-eighth of

all the taxes of England.

Later in the towns, merchant guilds grew out of charity

associations whose members were bound by oath to each other and

got together for a guild feast every month. Some traders of these

merchant guilds became so prosperous that they became landholders.

Many market places were dominated by a merchant guild, which had a

monopoly of the local trade. In the great mercantile towns all the

land and houses would be held by merchants and their dependents,

all freeholders were connected with a trade, and everyone who had

a claim on public office or magistry would be a member of the

guild. The merchant guild could admit into their guild country

villeins, who became freemen if unclaimed by their lords for a

year and a day. Every merchant who had made three long voyages on

his own behalf and at his own cost ranked as a thegn. There were

also some craft guilds composed of handicraftsmen or artisans.

Escaped bonded agricultural workers, poor people, and traders

without land migrated to towns to live, but were not citizens.

Towns were largely self-sufficient, but salt and iron came from a

distance. The King's established in every shire at least one town

with a market place where purchases would be witnessed and a mint

where reliable money was coined by a moneyer, who put his name on

his coins. There were eight moneyers in London. Coins were issued

to be of value for only a couple of years. Then one had to exchange

them for newly issued ones at a rate of about 10 old for 8 or 9 new.

The difference constituted a tax. Roughly 10% of the people lived

in towns. Some took surnames such as Tanner, Weaver, or Carpenter.

Some had affectionate or derisive nicknames such as clear-hand,

fresh friend, soft bread, foul beard, money taker, or penny purse.

Craftsmen in the 1000s included goldsmiths, embroiderers,

illuminators of manuscripts, and armorers.

Edward the Confessor, named such for his piety, was a king of 24

years who was widely respected for his intelligence,

resourcefulness, good judgment, and wisdom. His educated Queen

Edith, whom he relied on for advice and cheerful courage, was a

stabilizing influence on him. They were served by a number of

thegns, who had duties in the household, which was composed of the

hall, the courtyard, and the bedchamber. They were important men -

thegns by rank. They were landholders, often in several areas, and

held leading positions in the shires. They were also priests and

clerics, who maintained the religious services and performed tasks

for which literacy was necessary. Edward was the first king to

have a "Chancellor". He kept a royal seal and was the chief royal

chaplain. He did all the secretarial work of the household and

court, drew up and sealed the royal writs, conducted the king's

correspondence, and kept all the royal accounts. The word

"chancellor" signified a screen behind which the secretarial work

of the household was done. He had the special duty of securing and

administering the royal revenue from vacant benefices. The most

important royal officers were the chamberlains, who took care of

the royal bedchamber and adjoining wardrobe used for dressing and

storage of valuables, and the priests. These royal officers had at

first been responsible only for domestic duties, but gradually

came to assume public administrative tasks.

Edward wanted to avoid the pressures and dangers of living in the

rich and powerful City of London. So he rebuilt a monastic church,

an abbey, and a palace at Westminster about two miles upstream. He

started the growth of Westminster as a center of royal and

political power; kings' councils met there. Royal coronations took

place at the abbey. Since Edward traveled a lot, he established a

storehouse-treasury at Winchester to supplement his traveling

wardrobe. At this time, Spanish stallions were imported to improve

English horses. London came to have the largest and best trained

army in England.

The court invited many of the greatest magnates and prelates

[highest ecclesiastical officials, such as bishops] of the land to

the great ecclesiastical festivals, when the king held more solemn

courts and feasted with his vassals for several days. These

included all the great earls, the majority of bishops, some

abbots, and a number of thegns and clerics. Edward had a witan of

wise men to advise him, but sometimes the King would speak in the

hall after dinner and listen to what comments were made from the

mead-benches. As the court moved about the country, many men came

to pay their respects and attend to local business. Edward started

the practice of King's touching people to cure them of scrofula, a

disease which affected the glands, especially in the head and

neck. It was done in the context of a religious ceremony.

The main governmental activities were: war, collection of revenue,

religious education, and administration of justice. For war, the

shires had to provide a certain number of men and the ports quotas

of ships with crews. The king was the patron of the English

church. He gave the church peace and protection. He presided over

church councils and appointed bishops. As for the administration

of justice, the public courts were almost all under members of

Edward's court, bishops, earls, and reeves. Edward's mind was

often troubled and disturbed by the threat that law and justice

would be overthrown, by the pervasiveness of disputes and discord,

by the raging of wicked presumption, by money interfering with

right and justice, and by avarice kindling all of these. He saw it

as his duty to courageously oppose the wicked by taking good men

as models, by enriching the churches of God, by relieving those

oppressed by wicked judges, and by judging equitably between the

powerful and the humble. He was so greatly revered that a comet

was thought to accompany his death.

The king established the office of the Chancery to draft documents

and keep records. It created the writ, which was a small piece of

parchment [sheep skin] addressed to a royal official or dependent

commanding him to perform some task for the King. By the 1000s A.D.,

the writ contained a seal: a lump of wax with the impress of the

Great Seal of England which hung from the bottom of the document.

Writing was done with a sharpened goose-wing quill. Ink was obtained

from mixing fluid from the galls made by wasps for their eggs on oak

trees, rainwater or vinegar, gum arabic, and iron salts for color.

A King's grant of land entailed two documents: a charter giving

boundaries and conditions and a writ, usually addressed to the

shire court, listing the judicial and financial privileges

conveyed with the land. These were usually sac and soke

[possession of jurisdiction of a private court of a noble or

institution to execute the laws and administer justice over

inhabitants and tenants of the estate], toll [right to have a

market and to collect a payment on the sale of cattle and other

property on the estate] and team [probably the right to hold a

court to determine the honesty of a man accused of illegal

possession of cattle or of buying stolen cattle by inquiring of

the alleged seller or a warrantor, even if an outsider], and

infangenetheof [the authority to hang and take the chattels of a

thief caught on the estate].

The town of Coventry consisted of a large monastery estate and a

large private estate headed by a lord. The monastery was granted

by Edward the Confessor full freedom and these jurisdictions: sac

and soke, toll and team, hamsocne [the authority to fine a person

for breaking into and making entry by force into the dwelling of

another], forestall [the authority to fine a person for robbing

others on the road], bloodwite [the authority to impose a

forfeiture for assault involving bloodshed], fightwite [the

authority to fine for fighting], weordwite [the authority to fine

for manslaughter, but not for willful murder], and mundbryce [the

authority to fine for any breach of the peace, such as trespass on

lands].

Every man was expected to have a lord to whom he gave fealty. He

swore by this fealty oath: "By the Lord, before whom this relic is

holy, I will be to ------ faithful and true, and love all that he

loves, and shun all that he shuns, according to God's law, and

according to the world's principle, and never, by will nor by

force, by word nor by work, do ought of what is loathful to him;

on condition that he keep me as I am willing to deserve, and all

that fulfill that our agreement was, when I to him submitted and

chose his will." If a man was homeless or lordless, his brothers

were expected to find him such, e.g. in the folkmote. Otherwise,

he as to be treated as a fugitive, and could be slain as for a

thief, and anyone who had harbored him would pay a penalty.

Brothers were also expected to protect their minor kinsmen.

Marriages were determined by men asking women to marry them. If a

woman said yes, he paid a sum to her kin for her "mund"

[jurisdiction or protection over her] and gave his oath to them to

maintain and support the woman and any children born. As security

for this oath, he gave a valuable object or "wed". The couple were

then betrothed. Marriage ceremonies were performed by priests in

churches. The groom had to bring friends to his wedding as

sureties to guarantee his oath to maintain and support his wife

and children. Those who swore to take care of the children were

called their "godfathers". The marriage was written into church

records. After witnessing the wedding, friends ate the great loaf,

or first bread made by the bride. This was the forerunner of the

wedding cake. They drank special ale, the "bride ale" (from hence

the work "bridal"), to the health of the couple.

Women could own land, houses, and furniture and other property.

They could even make wills that disinherited their sons. This

marriage agreement with an Archbishop's sister provides her with

land, money, and horsemen:

"Here in this document is stated the agreement which Wulfric and

the archbishop made when he obtained the archbishop's sister as

his wife, namely he promised her the estates at Orleton and

Ribbesford for her lifetime, and promised her that he would obtain

the estate at Knightwick for her for three lives from the

community at Winchcombe, and gave her the estate at Alton to grant

and bestow upon whomsoever she pleased during her lifetime or at

her death, as she preferred, and promised her 50 mancuses of gold

and 30 men and 30 horses.

The witnesses that this agreement was made as stated were

Archbishop Wulfstan and Earl Leofwine and Bishop AEthelstan and

Abbot AElfweard and the monk Brihtheah and many good men in

addition to them, both ecclesiastics and laymen. There are two

copies of this agreement, one in the possession of the archbishop

at Worcester and the other in the possession of Bishop AEthelstan

at Hereford."

This marriage agreement provided the wife with money, land, farm

animals and farm laborers; it also names sureties, the survivor of

whom would receive all this property:

"Here is declared in this document the agreement which Godwine

made with Brihtric when he wooed his daughter. In the first place

he gave her a pound's weight of gold, to induce her to accept his

suit, and he granted her the estate at Street with all that

belongs to it, and 150 acres at Burmarsh and in addition 30 oxen

and 20 cows and 10 horses and 10 slaves.

This agreement was made at Kingston before King Cnut, with the

cognizance of Archbishop Lyfing and the community at Christchurch,

and Abbot AElfmaer and the community at St. Augustine's, and the

sheriff AEthelwine and Sired the old and Godwine, Wulfheah's son,

and AElfsige cild and Eadmaer of Burham and Godwine, Wulfstan's

son, and Carl, the King's cniht. And when the maiden was brought

from Brightling AElfgar, Sired's son, and Frerth, the priest of

Forlstone, and the priests Leofwine and Wulfsige from Dover, and

Edred, Eadhelm's son, and Leofwine, Waerhelm's son, and Cenwold

rust and Leofwine, son of Godwine of Horton, and Leofwine the Red

and Godwine, Eadgifu's son, and Leofsunu his brother acted as

security for all this. And whichever of them lives the longer

shall succeed to all the property both in land and everything else

which I have given them. Every trustworthy man in Kent and Sussex,

whether thegn or commoner, is cognizant of these terms.

There are three of these documents; one is at Christchurch,

another at St. Augustine's, and Brihtric himself has the third."

Nuns and monks lived in segregated nunneries and monasteries on

church land and grew their own food. The local bishop usually was

also an abbot of a monastery. The priests and nuns wore long robes

with loose belts and did not carry weapons. Their life was ordered

by the ringing of the bell to start certain activities, such as

prayer; meals; meetings; work in the fields, gardens, or

workshops; and copying and illuminating books. They chanted to pay

homage and to communicate with God or his saints. They taught

justice, piety, chastity, peace, and charity; and cared for the

sick. Caring for the sick entailed mostly praying to God as it was

thought that only God could cure. They bathed a few times a year.

They got their drinking water from upstream of where they had

located their latrines over running water. The large monasteries

had libraries, dormitories, guesthouses, kitchens, butteries to

store wine, bakehouses, breweries, dairies, granaries, barns,

fishponds, orchards, vineyards, gardens, workshops, laundries,

lavatories with long stone or marble washing troughs, and towels.

Slavery was diminished by the church by excommunication for the

sale of a child over seven. The clergy taught that manumission of

slaves was good for the soul of the dead, so it became frequent in

wills. The clergy were to abstain from red meat and wine and were

to be celibate. But there were periods of laxity. Punishment was

by the cane or scourge.

The Archbishop of Canterbury began anointing new kings at the time

of coronation to emphasize that the king was ruler by the grace of

God. As God's minister, the king could only do right. From 973,

the new king swore to protect the Christian church, to prevent

inequities to all subjects, and to render good justice, which

became a standard oath.

There was a celestial hierarchy, with heavenly hosts in specific

places. The heavenly bodies revolved in circles around the

earthly world on crystal spheres of their own, which were serene,

harmonious, and eternal. This contrasted with the change, death,

and decay that occurred in the earthly world. Also in this world,

Aristotle's four elements of earth, air, fire, and water sought

their natural places, e.g. bubbles of air rising through water.

The planets were called wanderers because their motion did not

fit the circular scheme.

God intervened in daily life, especially if worshipped. Saints

such as Bede and Hilda performed miracles, especially ones of

curing. Their spirits could be contacted through their relics,

which rested at the altars of churches. When someone was said to

have the devil in him, people took it quite literally. A real Jack

Frost nipped noses and fingers and made the ground too hard to

work. Little people, elves, trolls, and fairies inhabited the

fears and imaginings of people. The forest was the mysterious home

of spirits. People prayed to God to help them in their troubles

and from the work of the devil. Since natural causes of events

were unknown, people attributed events to wills like their own.

Illness was thought to be caused by demons. People hung charms

around their neck for cure and treatments of magic and herbs were

given. Some had hallucinogenic effects, which were probably useful

for pain. For instance, the remedy for "mental vacancy and folly"

was a drink of "fennel, agrimony, cockle, and marche". Blood-

letting by leeches and cautery were used for most maladies, which

were thought to be caused by imbalance of the four bodily humors:

sanguine, phlegmatic, choleric, and melancholic. These four humors

reflected the four basic elements air, water, fire, and earth.

Blood was hot and moist like air; phlegm was cold and moist like

water; choler or yellow bile was hot and dry like fire; and

melancholy or black bile was cold and dry like earth. Bede had

explained that when blood predominates, it makes people joyful,

glad, sociable, laughing, and talking a great deal. Phlegm renders

them slow, sleepy, and forgetful. Red cholic makes them thin,

though eating much, swift, bold, wrathful, and agile. Black cholic

makes them serious of settled disposition, even sad. To relieve

brain pressure and/or maybe to exorcise evil spirits, holes were

made in skulls by a drill with a metal tip that was caused to turn

back and forth by a strap wrapped around a wooden handle. A king's

daughter Edith inspired a cult of holy wells, whose waters were

thought to alleviate eye conditions. Warmth and rest were also

used for illness. Agrimony boiled in milk was thought to relieve

impotence in men.

It was known that the liver casted out impurities in the blood.

The stages of fetal growth were known. The soul was not thought to

enter a fetus until after the third month, so presumably abortions

within three months were allowable.

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 4 / 67 段