London was a walled town of one and two story houses made of mud,

twigs, and straw, with thatched roofs. It included a bundle of

communities, townships, parishes, and lordships. There were

churches, a goods market, a fish market, quays on the river, and a

bridge over the river. Streets probably named by this time include

Bread Street, Milk Street, Honey Lane, Wood Street, and Ironmonger

Lane. Fairs and games were held outside the town walls in a field

called "Smithfield". The great citizens had the land

qualifications of knights and ranked as barons on the Conquerer's

council. The freemen were a small percentage of London's

population. There was a butchers' guild, a pepperers' guild, a

goldsmiths' guild, the guild of St. Lazarus, which was probably a

leper charity (of which there were many in the 1000s and 1100s),

the Pilgrims' guild, which helped people going on pilgrimages, and

four bridge guilds, probably for keeping the wooden London Bridge

in repair. Men told the time by sundials, some of which were

portable and could be carried in one's pocket. London could defend

itself, and a ringing of the bell of St. Paul's Church could shut

every shop and fill the streets with armed horsemen and soldiers

led by a soldier portreeve. Across the Thames from London on its

south side was Southwark, a small trading and fishing settlement.

The Conquerer did not interfere with landholding in London, but

recognized its independence as a borough in this writ: "William

the King greets William, Bishop of London, and Gosfrith the

portreeve, and all the burgesses [citizens] of London friendly.

Know that I will that you be worthy of all the laws you were

worthy of in the time of King Edward. And I will that every child

shall be his father's heir after his father's day. And I will not

suffer any man to do you wrong. God preserve you." The Norman word

"mayor" replaced "portreeve".

So London was not subjected to the Norman feudal system. It had

neither villeins nor slaves. Whenever Kings asserted authority

over it, the citizens reacted until the king "granted" a charter

reaffirming the freedoms of the city and its independence.

Under pressure from the ecclesiastical judges, the Conquerer

replaced the death penalty by that of the mutilation of blinding,

chopping off hands, and castrating offenders. Castration was the

punishment for rape. But these mutilations usually led to a slow

death by gangrene.

The Normans used the Anglo-Saxon concepts of jurisdictional

powers. Thus when the Conquerer confirmed "customs" to the abbot

of Ely, these were understood to include the following: 1) sac and

soke - the right to hold a court of private jurisdiction and enjoy

its profits, 2) toll - a payment in towns, markets, and fairs for

goods and chattel bought and sold, 3) team - persons might be

vouched to warranty in the court, the grant of which made a court

capable of hearing suits arising from the transfer of land, 4)

infangenthef - right of trying and executing thieves on one's

land, 4) hamsocne, 5) grithbrice - violation of the grantees'

special peace, for instance that of the sheriff, 6) fightwite -

fine for a general breach of the peace, 7) fyrdwite - fine for

failure to appear in the fyrd.

Every shire, now called "county", had at least one burh, or

defensible town. Kings had appointed a royal moneyer in each burh

to mint silver coins such as pennies for local use. On one side

was the King's head in profile and on the other side was the name of

the moneyer. When a new coinage was issued, all moneyers had to go

to London to get the new dies. The Conquerer's head faced

frontally on his dies, instead of the usual profile used by former

Kings.

The Conquerer held and presided over his council three times a

year, as was the custom, at Easter, Christmas, and Whitsuntide,

which coincided with the great Christian festivals. This was an

advisory council and consisted of the Conquerer's wife and sons,

earls, barons, knights, officers of the King's household,

archbishops, and bishops. It replaced the witan of wise men. It

dealt with fundamental matters of law, state, war, and church. Its

functions were largely ceremonial. Earldoms and knighthoods were

conferred and homages to the king were witnessed. Bishops were

nominated. Attendance at the council, like attendance at courts,

was regarded as a burden rather than a privilege. The Conquerer's

will was the motive force which under lay all the council's

action. When it was administering royal justice, it was called the

Royal Court..

The Justiciar was the head of all legal matters and he or the

Conquerer's wife represented the King at the Royal Court in his

absence from the realm. The chamberlain was a financial officer of

the household; his work was rather that of auditor or accountant.

The Chancellor headed the Chancery and the chapel. Other household

offices were steward, butler, constable, and marshall. The

Treasurer was responsible for the collection and distribution of

revenue and was the keeper of the royal treasure at the palace at

Winchester. He was also an important member of the household and

sat in the Exchequer at Westminster, where he received the

accounts of the sheriffs. The Exchequer was composed of the

justiciar as head, the chancellor, the constable, two

chamberlains, the marshall and other experienced councilors. The

word "Exchequer" came from the chequered cloth on the table used

to calculate in Roman numerals the amount due and the amount paid.

The word "calculate" derives from the word "calculi", meaning

pebbles. It was a kind of abacus. The Exchequer received yearly

from the sheriffs of the counties taxes, fines, treasure trove,

goods from wrecks, deodands, and movable property of felons, of

persons executed, of fugitives, and of outlaws due to the Crown.

The Conqueror presided yearly over feasts involving several

thousand guests at Westminster Hall, which was 250 feet by 70 feet

with a high ceiling, the largest hall in England.

The Conquerer's reign was a time of tentative expedients and

simple solutions. He administered by issuing writs with commands

or prohibitions. These were read aloud by the sheriffs in the

county courts and other locations. Administration was by the

personal servants of his royal household, such as the chancellor,

chamberlain, constable, marshals, steward, and butler. The

language of government changed to Latin. The chancellor was from

the clergy and supervised the writers and clerks, who were

literate, and appended the great seal before witnesses to

documents. He also headed the staff of the royal chapel. The

chamberlain was a financial officer who audited and accounted. The

constable was responsible for supplies for the knights of the

royal household. He also supervised the care of horses, hounds,

hawks, and huntsmen, houndsmen, and foresters. The marshals came

from less important families than the constable and they preserved

order in the king's hall and recorded expenditures of the

household officers on tallies. The steward was a great baron whose

duties were chiefly ceremonial, such as placing the dishes before

the king at banquets.

Sheriffs became powerful figures as the primary agents for

enforcing royal edicts. There was no longer supervision of them by

earls nor influence on them by bishops. They were customarily

prominent barons. They collected the royal taxes, executed royal

justice, and presided over and controlled the hundred and county

courts. They were responsible for remitting a certain sum

annually. If a sheriff received more than necessary, he retained

the difference as his lawful profit of office. If he received less

than necessary, he had to make up the difference from his own

pocket. Before rendering this account, he paid the royal

benefactions to religious houses, provided for the maintenance of

stock on crown lands, paid for the costs of provisions supplied to

the court, and paid for traveling expenses of the king and his

visitors. The payments were initially paid in kind: e.g. grain,

cattle, horses, hounds, and hawks. Sheriffs also took part in the

keeping of castles and often managed the estates of the King. Most

royal writs were addressed to the sheriff and county courts. They

also led the county militia in time of war or rebellion. At times,

a sheriff usurped royal rights, used royal estates for his own

purposes, encroached on private land and rights, extorted money,

and collected revenues only for his own pockets. Over the

centuries, there was much competition for the authority to select

the king, e.g. by the king, the county court, the barons, and the

Exchequer. There was also much pressure to limit his term to one

year. Also, the powers of the sheriffs slowly declined.

Royal income came from customary dues, profits of coinage and of

justice, and revenues from the King's own estates. For war, there

was no change in the custom that a man with five hides of land was

required to furnish one heavy armed horseman for forty days

service in a year. The fyrd was retained. A threat of a Viking

invasion caused the Conquerer to reinstate the danegeld tax at 6s.

per hide, which was three times its old rate. (The price of an ox

was still about 30d.) To impose this tax uniformly, he sent

commissioners to conduct surveys by sworn verdicts of appointed

groups of local men. A detailed survey of land holdings and the

productive worth of each was made in 1086. The English called it

the "Doomsday Book" because there was no appeal from it.

The survey revealed, for instance, that one estate had "on the

home farm five plough teams: there are also 25 villeins and 6

cotters with 14 teams among them. There is a mill worth 2s. a year

and one fishery, a church and four acres of meadow, wood for 150

pigs and two stone quarries, each worth 2s. a year, and two nests

of hawks in the wood and 10 slaves." This estate was deemed to be

worth 480s. a year.

Laxton "had 2 carucates of land [assessed] to the geld. [There is]

land for 6 ploughs. There Walter, a man of [the lord] Geoffrey

Alselin's has 1 plough and 22 villeins and 7 bordars [a bordar had

a cottage and a small amount land in return for supplying small

provisions to his lord] having 5 ploughs and 5 serfs and 1 female

serf and 40 acres of meadow. Wood [land] for pannage [foraging by

pigs] 1 league in length and half a league in breadth. In King

Edward's time it was worth 9 pounds; now [it is worth] 6 pounds."

Ilbert de Laci has now this land, where he has twelve ploughs in

the demesne; and forty-eight villani, and twelve bordars with

fifteen ploughs, and three churches and three priests, and three

mills of ten shillings. Wood pastures two miles long, and one

broad. The whole manor five miles long and two broad. Value in

King Edward's time sixteen pounds, the same now.

That manor of the town of Coventry which was individually held was

that of the Countess of Coventry, who was the wife of the earl of

Mercia. "The Countess held in Coventry. There are 5 hides. The

arable land employs 20 ploughs. In the demesne lands there are 3

ploughs and 7 bondmen. There are 50 villeins and 12 bordars with

20 ploughs. The mill there pay[s] 3 shillings. The woodlands are 2

miles long and the same broad. In King Edward's time and

afterwards, it was worth 22 pounds [440 s.], now only 11 pounds by

weight. These lands of the Countess Godiva Nicholas holds to farm

of the King."

The survey shows a few manors and monasteries owned a salthouse

or saltpit in the local saltworks, from which they were entitled

to obtain salt.

In total there were about 110,000 villani [former coerls regarded

as customary, irremovable cultivator tenants]; 82,000 bordarii;

7,000 cotarii and cotseti [held land by service of labor or rent

paid in produce], and 25,000 servi [landless laborers]. There are

no more theows.

In the nation, there was a total of about 25,000 servi [landless

laborers], over 82,000 borderii, nearly 7,000 coatarii and cotseti

[held land or houses by service of labor or rent paid in produce],

and nearly 110,000 villani. This survey resulted in the first

national tax system of about 6s. per hide of land.

The survey also provided the Conquerer with a summary of customs

of areas. For instance, in Oxfordshire, "Anyone breaking the

King's peace given under his hand and seal to the extent of

committing homicide shall be at the King's mercy in respect of his

life and members. That is if he be captured. And if he cannot be

captured, he shall be considered as an outlaw, and anyone who

kills him shall have all his possessions. The king shall take the

possessions of any stranger who has elected to live in Oxford and

who dies in possession of a house in that town, and without any

kinfolk. The king shall be entitled to the body and the

possessions of any man who kills another within his own court or

house excepting always the dower of his wife, if he has a wife who

has received dower.

The courts of the king and barons became schools of chivalry

wherein seven year old noble boys became as pages or valets, wore

a dagger and waited upon the ladies of the household. At age

fourteen, they were advanced to squires and admitted into more

familiar association with the knights and ladies of the court.

They perfected their skills in dancing, riding, fencing, hawking,

hunting, jousting, and engaged in team sports in which the goal

was to put the other side to rout. They learned the knightly art

of war. Enemy fighters were to be taken and held for ransom rather

than killed. Those engaging in rebellion were to be pardoned and

restored to some or all of their lands and titles. Lords' sons

could be mutually exchanged with an enemy's as security for peace.

After achieving knighthood, a man usually selected a wife from the

court at which he grew up. Parents tried to send their daughters

to a household superior in social status not only to learn

manners, but to make a good marriage. A girl who did not marry was

often sent to a nunnery; a dowry was necessary before her

acceptance.

The following incidents of land tenure began (but were not firmly

established until the reign of Henry II). Each tenant, whether

baron or subtenant, was to pay an "aid" in money for ransom if his

lord was captured in war, for the knighthood of his lord's eldest

son, and for the marriage of his lord's eldest daughter. The aid

was theoretically voluntary. Land could be held by an heir only if

he could fight. The eldest son began to succeed to the whole of

the lands in all military tenures. Younger sons of great houses

became bishops. An heir of a tenant had to pay a heavy "relief" on

succession to his estate. The relief replaced the heriot. If there

was a delay in proving heirship or paying relief, the lord would

hold the land and receive its income in the meantime, often a

year. If an heir was still a minor or female, he or she passed

into his lord's wardship, in which the lord had guardianship of

the heir and possession of the estate, with all its profits. The

mother was not made a minor's guardian. No longer was the estate

protected by the minor's kin as his birthright. A female heir was

expected to marry a man acceptable to the lord. The estate of an

heiress and her land was generally sold to the highest bidder. If

there were no heirs, the land escheated to the lord. If a tenant

committed felony, his land escheated to his lord. The word

"felony" came from the Latin word meaning "to deceive" and

referred to the feudal crime of betraying or committing treachery

against one's lord.

Astrologers resided with the families of the barons. People went

to fortune tellers' shops. There was horse racing, steeple races,

and chess for recreation. Girls had dolls; boys had toy soldiers,

spinning tops, toy horses, ships, and wooden models.

The state of medicine is indicated by this medical advice brought

to the nation by William's son after treatment on the continent:

"If thou would have health and vigor Shun cares and avoid anger.

Be temperate in eating And in the use of wine. After a heavy meal

Rise and take the air Sleep not with an overloaded stomach And

above all thou must Respond to Nature when she calls."

The Conquerer allowed Jewish traders to follow him from Normandy

and settle in separate sections of the main towns. Then engaged in

long distance trade, money changing, and money lending. They

loaned money for interest for the building of castles and

cathedrals. Christians were not allowed by the church to engage in

this usury. The Jews could not become citizens nor could they have

standing in the local courts. Instead, a royal justiciar secured

justice for them. They could practice their own religion.

William the Conquerer was succeeded as king by his son William II

(Rufus), who transgressed many of the customs of the nation to get

more money for himself. He was killed by an arrow of a fellow

hunter while they and William's younger brother Henry were hunting

together in a crown forest. Henry then became king.

- The Law -

The Norman conquerors brought no written law, but affirmed the

laws of the nation. Two they especially enforced were:

Anyone caught in the act of digging up the King's road, felling a

tree across it, or attacking someone so that his blood spilled on

it shall pay a fine to the King.

All freemen shall have a surety who would hand him over to justice

for his offenses or pay the damages or fines due. If an accused

man fled, his surety would have a year to find him to obtain

reimbursement.

The Conquerer proclaimed that:

No cattle shall be sold except in towns and before three

witnesses.

For the sale of ancient chattels, there must be a surety and a

warrantor.

No man shall be sold over the sea. (This ended the slave trade at

the port of Bristol.)

The death penalty for persons tried by court is abolished.

- Judicial Procedure -

"Ecclesiastical" courts were created for bishops to preside over

cases concerning the cure of souls and criminal cases, in which

the ordeal was used. When the Conquerer did not preside over this

court, an appeal could be made to him.

The hundred and county courts now sat without clergy and handled

only "civil" cases. They were conducted by the King's own

appointed sheriff. Only freemen and not bound villeins had

standing in this court. They continued to transact their business

in the English language.

The local jurisdictions of thegns who had grants of sac and soke

or who exercised judicial functions among their free neighbors

were now called "manors" under their new owners, who conducted a

manor court.

The Conquerer's Royal Court was called the "Curia Regis". When the

Conquerer wished to determine the national laws, he summoned

twelve elected representatives of each county to declare on oath

the ancient lawful customs and law as they existed in the time of

the popular King Edward the Confessor. The recording of this law

was begun. A person could spend months trying to catch up with the

Royal Court to present a case. Sometimes the Conquerer sent the

justiciar or commissioners to hold his Royal Court in the various

districts. The commissioner appointed groups of local men to give

a collective verdict upon oath for each trial he conducted. The

Conquerer allowed, on an ad hoc basis, certain high-level people

such as bishops and abbots and those who made a large payment, to

have land disputes decided by an inquiry of recognitors. Besides

royal issues, the Curia Regis heard appeals from lower court

decisions. It used English, Norman, feudal, Roman, and canon law

legal principles to reach a decision, and was flexible and

expeditious.

A dispute between a Norman and an English man over land or a

criminal act could be decided by trial by combat [battle]. Each

combatant first swore to the truth of his cause and undertook to

prove by his body the truth of his cause by making the other

surrender by crying "craven" [craving forgiveness]. The combatants

used weapons like pickaxes and shields. Presumably the man in the

wrong would not fight as well because he was burdened with a

guilty conscience. Although this trial was thought to reflect

God's will, it favored the physically fit and adept person. After

losing the trial by combat, the guilty person would be punished

appropriately.

London had its own traditions. All London citizens met at its

folkmote, which was held three times a year to determine its

public officers, to raise matters of public concern, and to make

ordinances. Its criminal court had the power of outlawry as did

the county courts. Trade, land, and other civil issues were dealt

with by the Hustings Court, which met every Monday in the

Guildhall. The city was divided into wards, each of which was

under the charge of an elected alderman [elder man]. (The election

was by a small governing body and the most wealthy and reputable

men and not a popular election.) The aldermen had special

knowledge of the law and a duty to declare it at the Hustings

Court. Each alderman also conducted wardmotes in his ward and

decided criminal and civil issues between its residents. Within

the wards were the guilds of the city.

The Normans, as foreigners, were protected by the king's peace.

The entire hundred was the ultimate surety for murder and would

have to pay a "murdrum" fine of 31 pounds [46 marks] for the

murder of any Norman, if the murderer was not apprehended by his

lord within a few days. The reaction to this was that the murderer

mutilated the corpse to make identification of ethnicity

impossible. So the Conquerer ordered that every murder victim was

assumed to be Norman unless proven English. This began a court

custom in murder cases of first proving the victim to be English.

The Royal Court decided this case: "At length both parties were

summoned before the King's court, in which there sat many of the

nobles of the land of whom Geoffrey, bishop of Coutances, was

delegated by the King's authority as judge of the dispute, with

Ranulf the Vicomte, Neel, son of Neel, Robert de Usepont, and many

other capable judges who diligently and fully examined the origin

of the dispute, and delivered judgment that the mill ought to

belong to St. Michael and his monks forever. The most victorious

King William approved and confirmed this decision."

- - - Chapter 5 - - -

- The Times: 1100-1154 -

King Henry I, son of William the Conquerer, furthered peace

between the Normans and native English by his marriage to a niece

of King Edward the Confessor called Matilda. She married him on

condition that he grant a charter of rights undoing some practices

of the past reigns of William I and William II. Peace was also

furthered by the fact that Henry I had been born in England and

English was his native tongue. The private wars of lords were now

replaced by less serious mock battles.

Henry was a shrewd judge of character and of the course of events,

cautious before taking action, but decisive in carrying out his

plans. He was faithful and generous to his friends. He showed a strong

practical element of calculation and foresight. Although illiterate, he

was intelligent and a good administrator. He had an efficient

intelligence gathering network and an uncanny knack of detecting hidden

plans before they became conspiratorial action. He made many able men

of inferior social position nobles, thus creating a class of career

judges and administrators in opposition to the extant hereditary

aristocracy. He loved books and built a palace at Oxford to which he

invited scholars for lively discussion. Euclid's "Elements" ", which

deduced from axioms the properties of lines, circles, and spheres, was

introduced into England.

Queen Matilda served as regent of the kingdom in Henry's absence,

as William's queen had for him. Both queens received special

coronation apart from their husbands; they held considerable

estates which they administered through their own officers, and

were frequently composed of escheated honors. Matilda was learned

and a literary patron. She founded an important literary and

scholastic center. Her compassion was great and her charities

extensive. In London she founded several almshouses and a

caregiving infirmary for lepers. These were next to small monastic

communities. She also had new roads and bridges built.

Henry issued charters restoring customs which had been

subordinated to royal impositions by previous Kings, which set a

precedent for later Kings. His coronation charter describes

certain property rights he restored after the oppressive reign of

his brother.

"Henry, King of the English, to Samson the bishop, and Urse of

Abbetot, and to all his barons and faithful vassals, both French

and English, in Worcestershire, greeting.

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