[1.] Know that by the mercy of God and by the common

counsel of the barons of the whole kingdom of England I have

been crowned king of this realm. And because the kingdom has

been oppressed by unjust exactions, I now, being moved by

reverence towards God and by the love I bear you all, make

free the Church of God; so that I will neither sell nor

lease its property; nor on the death of an archbishop or a

bishop or an abbot will I take anything from the demesne of

the Church or from its vassals during the period which

elapses before a successor is installed. I abolish all the

evil customs by which the kingdom of England has been

unjustly oppressed. Some of those evil customs are here set

forth.

[2.] If any of my barons or of my earls or of any other of

my tenants shall die his heir shall not redeem his land as

he was wont to do in the time of my brother [William II

(Rufus)], but he shall henceforth redeem it by means of a

just and lawful 'relief`. Similarly the men of my barons

shall redeem their lands from their lords by means of a just

and lawful 'relief`.

[3.] If any of my barons or of my tenants shall wish to give

in marriage his daughter or his sister or his niece or his

cousin, he shall consult me about the matter; but I will

neither seek payment for my consent, nor will I refuse my

permission, unless he wishes to give her in marriage to one

of my enemies. And if, on the death of one of my barons or

of one of my tenants, a daughter should be his heir, I will

dispose of her in marriage and of her lands according to the

counsel given me by my barons. And if the wife of one of my

tenants shall survive her husband and be without children,

she shall have her dower and her marriage portion [that

given to her by her father], and I will not give her in

marriage unless she herself consents.

[4.] If a widow survives with children under age, she shall

have her dower and her marriage portion, so long as she

keeps her body chaste; and I will not give her in marriage

except with her consent. And the guardian of the land, and

of the children, shall be either the widow or another of

their relations, as may seem more proper. And I order that

my barons shall act likewise towards the sons and daughters

and widows of their men.

[5.] I utterly forbid that the common mintage [a forced levy

to prevent loss to the King from depreciation of the

coinage], which has been taken from the towns and counties,

shall henceforth be levied, since it was not so levied in

the time of King Edward [the Confessor]. If any moneyer or

other person be taken with false money in his possession,

let true justice be visited upon him.

[6.] I forgive all pleas and all debts which were owing to

my brother [William II], except my own proper dues, and

except those things which were agreed to belong to the

inheritance of others, or to concern the property which

justly belonged to others. And if anyone had promised

anything for his heritage, I remit it, and I also remit all

'reliefs' which were promised for direct inheritance.

[7.] If any of my barons or of my men, being ill, shall give

away or bequeath his movable property, I will allow that it

shall be bestowed according to his desires. But if,

prevented either by violence or through sickness, he shall

die intestate as far as concerns his movable property, his

widow or his children, or his relatives or one his true men

shall make such division for the sake of his soul, as may

seem best to them.

[8.] If any of my barons or of my men shall incur a forfeit,

he shall not be compelled to pledge his movable property to

an unlimited amount, as was done in the time of my father

[William I] and my brother; but he shall only make payment

according to the extent of his legal forfeiture, as was done

before the time of my father and in the time of my earlier

predecessors. Nevertheless, if he be convicted of breach of

faith or of crime, he shall suffer such penalty as is just.

[9.] I remit all murder fines which were incurred before the

day on which I was crowned King; and such murder fines as

shall now be incurred shall be paid justly according to the

law of King Edward [by sureties].

[10.] By the common counsel of my barons I have retained the

forests in my own hands as my father did before me.

[11.] The knights, who in return for their estates perform

military service equipped with a hauberk [long coat] of

mail, shall hold their demesne lands quit of all gelds

[money payments] and all work; I make this concession as my

own free gift in order that, being thus relieved of so great

a burden, they may furnish themselves so well with horses

and arms that they may be properly equipped to discharge my

service and to defend my kingdom.

[12.] I establish a firm peace in all my kingdom, and I

order that this peace shall henceforth be kept.

[13.] I restore to you the law of King Edward together with

such emendations to it as my father [William I] made with

the counsel of his barons.

[14.] If since the death of my brother, King William [II],

anyone shall have seized any of my property, or the property

of any other man, let him speedily return the whole of it.

If he does this no penalty will be exacted, but if he

retains any part of it he shall, when discovered, pay a

heavy penalty to me.

Witness: Maurice, bishop of London; William, bishop-elect of

Winchester; Gerard, bishop of Herefore; Henry the earl; Simon the

earl; Walter Giffard; Robert of Montfort-sur-Risle; Roger Bigot;

Eudo the steward; Robert, son of Haimo; and Robert Malet.

At London when I was crowned. Farewell."

Henry took these promises seriously, which resulted in peace and

justice. Royal justice became a force to be reckoned with by the

multiplication of justices. Henry had a great respect for legality

and the forms of judicial action. He became known as the "Lion of

Justice".

The payment of queen's gold, that is of a mark of gold to the

queen out of every hundred marks of silver paid, in the way of

fine or other feudal incident, to the king, probably dates from

Henry I's reign.

A woman could inherit a fief if she married. The primary way for a

man to acquire control of land was to marry an heiress. If a man

were in a lower station than she was, he had to pay for his new

social status as well as have royal permission. A man could also

be awarded land which had escheated to the King. If a noble woman

wanted to hold land in her own right, she had to make a payment to

the King. Many widows bought their freedom from guardianship or

remarriage from the King. Women whose husbands were at war also

ran the land of their husbands.

Barons were lords of large holdings of farmland called "manors".

Many of the lesser barons left their dark castles to live in semi-

fortified stone houses, which usually were of two rooms with rug

hangings for drafts, as well as the sparse furniture that had been

common to the castle. There were shuttered windows to allow in

light, but which also let in the wind and rain when open. The roof

was of thatch or narrow overlapping wood shingles. The stone floor

was strewn with hay and there was a hearth near the center of the

floor, with a louvered smoke hole in the timber roof for escape of

smoke. There were barns for grain and animals. Beyond this area

was a garden, orchard, and sometimes a vineyard. The area was

circumscribed by a moat over which there was a drawbridge to a

gatehouse.

The smaller room was the lord and lady's bedroom. It had a

canopied bed, chests for clothing, and wood frames on which

clothes could be hung. Life on the manor revolved around the

larger room, or hall, where the public life of the household was

passed. There, meals were served. The daily diet typically

consisted of milk, soup, porridge, fish, vegetables, and bread.

Open hospitality accompanied this communal living. There was

little privacy. Manor household villeins carried the lord's

sheaves of grain to the manor barn, shore his sheep, malted his

grain, and chopped wood for his fire. At night some slept on the

floor of the hall. Others, who were cottars and bordars, had their

own dwellings nearby.

The manor house of lesser lords or knights was still built of

wood, although it often had a stone foundation.

About 35% of the land was arable land, about 25% was common

pasture land (for grazing only) or meadow land (near a stream or

river and used for hay or grazing), and about 15% was woodland.

There were these types of land and wasteland on each manor. The

arable land was allotted to the villeins in strips to equalize the

best and worst land and their distance from the village where the

villeins lived. There was three-way rotation of wheat or rye, oats

or barley, and fallow land. Cows, pigs, sheep, and fowl were kept.

The meadow was allocated for hay for the lord's household and each

villein's. The villeins held land of their lord for various

services such as agricultural labor or raising domestic animals.

The villeins worked about half of their time on their lord's

fields [his demesne land], which was about a third of the

farmland. This work was primarily to gather the harvest and to

plough with oxen, using a yoke over their shoulders, and to sow in

autumn and Lent. They threshed grain on barn floors with flails

cut from holly or thorn, and removed the kernels from the shafts

by hand. Work lasted from sunrise to sunset and included women and

children. The older children could herd geese and pigs, and set

snares for rabbits. The young children could gather nuts and

berries in season and other wild edibles, and could pick up little

tufts of wool shed by sheep. The old could stay in the hut and

mind the children, keep the fire going and the black pot boiling,

sew, spin, patch clothes, and cobble shoes. The old often suffered

from rheumatism. Many people had bronchitis. Many children died of

croup [inflammation of the respiratory passages]. Life expectancy

was probably below thirty-five.

The villein retained his customary rights, his house and land and

rights of wood and hay, and his right in the common land of his

township. Customary ways were maintained. The villeins of a manor

elected a reeve to communicate their interests to their lord,

usually through a bailiff, who directed the labor. Sometimes there

was a steward in charge of several of a lord's manors, who also

held the manorial court for the lord. The steward held his land of

the lord by serjeanty, which was a specific service to the lord.

Other serjeanty services were carrying the lord's shield and arms,

finding attendants and esquires for knights, helping in the lord's

hunting expeditions, looking after his hounds, bringing fuel,

doing carpentry, and forging irons for ploughs. The Woodward

preserved the timber. The Messer supervised the harvesting. The

Hayward removed any fences from the fields after harvest to allow

grazing by cattle and sheep. The Coward, Bullard, and Calvert

tended the cows, bulls, and calves; the Shepherd, the sheep; and

the Swineherds the pigs. The Ponder impounded stray stock. There

were varieties of horses: war horses, riding horses, courier

horses, pack horses, and plough horses.

The majority of manors were coextensive with a single village.

The villeins lived in the village in one-room huts enclosed by a

wood fence, hedge, or stone wall. In this yard was a garden of

onions, leeks, mustard, peas, beans, parsley, garlic, herbs, and

cabbage and apple, pear, cherry, quince, and plum trees, and

beehives. The hut had a high-pitched roof thatched with reeds or

straw and low eaves reaching almost to the ground. The walls are

built of wood-framing overlaid with mud or plaster. Narrow slits

in the walls serve as windows, which have shutters and are

sometimes covered with coarse cloth. The floor is dirt and may be

covered with straw or rushes for warmth, but usually no hearth. In

the middle is a wood fire burning on a hearthstone, which was lit

by making a spark by striking flint and iron together. The smoke

rose through a hole in the roof. At one end of the hut was the

family living area, where the family ate on a collapsible trestle

table with stools or benches. Their usual food was beans and peas,

oatmeal gruel, butter, cheese, vegetables, honey, rough bread made

from a mixture of wheat, barley, and rye flour, herrings or other

salt fish, and some salted or smoked bacon. Butter had first been

used for cooking and as a medicine to cure constipation and for

puny children it could be salted down for the winter. The bread

had been roasted on the stones of the fire; later there were

communal ovens set up in villages. Cooking was done over the fire

by boiling in iron pots hung from an iron tripod, or sitting on

the hot stones of the fire. They ate from wood bowls using a wood

spoon. When they had fresh meat, it could be roasted on a spit.

Liquids were heated in a kettle. With drinking horns, they drank

water, milk, buttermilk, apple cider, mead, ale made from barley

malt, and bean and vegetable broth. They used jars and other

earthenware, e.g. for storage of salt. They slept on straw

mattresses or sacks on the floor or on benches. The villein

regarded his bed area as the safest place in the house, as did

people of all ranks, and kept his treasures there, which included

his farm implements, as well as hens on the beams, roaming pigs,

and stalled oxen, cattle, and horses, which were at the other end

of the hut. Fires were put out at night to guard against fire

burning down the huts. The warmth of the animals then helped make

the hut warm. Around the room are a couple of chests to store

salt, meal, flour, a broom made of birch twigs, some woven

baskets, the distaff and spindle for spinning, and a simple loom

for weaving. All clothes were homemade. They were often coarse,

greasy wool and leather made from their own animals. The man wore

a tunic of coarse linen embroidered on the sleeves and breast,

around with he wore a girdle of rope, leather, or folded cloth.

Sometimes he also wore breeches reaching below the knee. The woman

wore a loose short-sleeved gown, under which was a tight fitting

garment with long loose sleeves, and which was short enough to be

clear of the mud. If they wore shoes, they were clumsy and

patched. Some wore a hood-like cap. For really bad weather, a man

wore on his head a hood with a very elongated point which could be

wrapped around his neck. Sometimes a short cape over the shoulders

was attached. Linen was too expensive for commoners.

The absence of fresh food during the winter made scurvy prevalent;

in the spring, people eagerly sought "scurvy grass" to eat.

Occasionally there would be an outbreak of a nervous disorder due

to the ergot fungus growing in the rye used for bread. This

manifested itself in apparent madness, frightening hallucinations,

incoherent shouting, hysterical laughing, and constant scratching

of itching and burning sensations.

The villein and his wife and children worked from daybreak to dusk

in the fields, except for Sundays and holydays. He had certain

land to farm for his own family, but had to have his grain milled

at his lord's mill at the lord's price. He had to retrieve his

wandering cattle from his lord's pound at the lord's price. He was

expected to give a certain portion of his own produce, whether

grain or livestock, to his lord. However, if he fell short, he was

not put off his land. The villein, who worked the farm land as his

ancestor ceorl had, now was so bound to the land that he could not

leave or marry or sell an ox without his lord's consent. If the

manor was sold, the villein was sold as a part of the manor. When

his daughter or son married, he had to pay a "merchet" to his

lord. He could not have a son educated without the lord's

permission, and this usually involved a fee to the lord. His best

beast at his death, or "heriot", went to his lord. If he wanted

permission to live outside the manor, he paid "chevage" yearly.

Woodpenny was a yearly payment for gathering dead wood. Sometimes

a "tallage" payment was taken at the lord's will. The villein's

oldest son usually took his place on his land and followed the

same customs with respect to the lord. For an heir to take his

dead ancestor's land, the lord demanded payment of a "relief",

which was usually the amount of a year's income but sometimes as

much as the heir was willing to pay to have the land. The usual

aids were also expected to be paid.

A large village also had a smith, a wheelwright, a millwright, a

tiler and thatcher, a shoemaker and tanner, a carpenter wainwright

and carter.

Markets were about twenty miles apart because a farmer from the

outlying area could then carry his produce to the nearest town and

walk back again in the daylight hours of one day. In this local

market he could buy foodstuffs, livestock, household goods, fuels,

skins, and certain varieties of cloth.

The cloth was crafted by local weavers, dyers, and fullers. The

weaver lived in a cottage with few and narrow windows with little

furniture. He worked in the main, and sometimes the only, room.

First the raw wool was washed with water at the front door to

remove the grease. Then its fibers were disentangled and made fine

with hand cards with thistle teeth, usually by the children. Then

it was spun by a spinning wheel into thread, usually by the wife.

On a double frame loom, a set of parallel threads was strung

lengthwise. A device worked by a pedal lifted half of these threads

--every other thread--while the other half remained in place.

Between the lifted threads and the stationary threads a shuttle was

thrown by the weaver from one hand to another. Then the threads

which had remained stationary were raised by a second pedal and the

shuttle thrown back. The shuttle carried a spool so that, as it

moved, it left a thread behind it running crosswise or at right

angles to the lengthwise threads and in and out between them. The

lengthwise threads were called the "warp"; the shuttle thread was

the "woof" or the "weft".

In making cloth, it was the warp which, as the loom moved, took the

worst beating. With the constant raising and lowering, these treads

would wear and break, whereas the weft on which there was little

strain remained intact. None of the cotton yarn which the

old-fashioned wheels had spun was strong enough for warp. So it was

necessary to use linen thread for the warp.

Since one loom could provide work for about six spinners, the

weaver had his wool spun by other spinners in their cottages.

Sometimes the master weaver had an apprentice or workman working

and living with him, who had free board and lodging and an annual

wage. Then a fuller made the cloth thick and dense by washing,

soaping, beating, and agitating it, with the use of a community

watermill which could be used by anyone for a fixed payment. The

cloth dried through the night on a rack outside the cottage. The

weaver then took his cloth, usually only one piece, to the weekly

market to sell. The weavers stood at the market holding up their

cloth. The cloth merchant who bought the cloth then had it dyed or

dressed according to his requirements. Its surface could be raised

with teazleheads and cropped or sheared to make a nap. Some cloth

was sold to tailors to make into clothes. Often a weaver had a

horse for travel, a cow for milk, chickens for eggs, perhaps a few

cattle, and some grazing land. Butchers bought, slaughtered, and

cut up animals to sell as meat. Some was sold to cooks, who sold

prepared foods. The hide was bought by the tanner to make into

leather. The leather was sold to shoemakers and glovemakers.

Millers bought harvested grain to make into flour. Flour was sold

to bakers to make into breads. Wood was bought by carpenters and by

coopers, who made barrels, buckets, tubs, and pails. Tilers,

oilmakers and rope makers also bought raw material to make into

finished goods for sale. Wheelwrights made ploughs, harrows, carts,

and later wagons. Smiths and locksmiths worked over their hot

fires.

Games with dice were sometimes played. In winter, youths ice-

skated with bones fastened to their shoes. They propelled

themselves by striking the ice with staves shod with iron. On

summer holydays, they exercised in leaping, shooting with the bow,

wrestling, throwing stones, and darting a thrown spear. The

maidens danced with timbrels. Since at least 1133, children's toys

included dolls, drums, hobby horses, pop guns, trumpets, and

kites.

The cold, indoors as well as outdoors, necessitated that people

wear ample and warm garments. Men and women of position dressed in

long full cloaks reaching to their feet, sometimes having short

full sleeves. The cloak generally had a hood and was fastened at

the neck with a brooch. Underneath the cloak was a simple gown

with sleeves tight at the wrist but full at the armhole, as if

cut from the same piece of cloth. A girdle or belt was worn at the

waist. When the men were hunting or working, they wore gown and

cloak of knee length. Men wore stockings to the knee and shoes.

The fashion of long hair on men returned.

The nation grew with the increase of population, the development

of towns, and the growing mechanization of craft industries. There

were watermills for crafts and for supplying and draining water in

all parts of the nation. In flat areas, slow rivers could be

supplemented by creating artificial waterfalls, for which water was

raised to the level of reservoirs. There were also some iron-

smelting furnaces. Coal mining underground began as a family

enterprise. Stone bridges over rivers could accommodate one person

traveling by foot or by horseback and were steep and narrow. The

wheelbarrow came into use to cart materials for building castles

and cathedrals.

Merchants, who had come from the low end of the knightly class or

high end of the villein class, settled around the open market

areas, where main roads joined. They had plots narrow in frontage

along the road and deep. Their shops faced the road, with living

space behind or above their stores. Town buildings were typically

part stone and part timber as a compromise between fire

precautions and expense.

Towns, as distinct from villages, had permanent markets. As towns

grew, they paid a fee to obtain a charter for self-government from

the king giving the town judicial and commercial freedom. They

were literate enough to do accounts. So they did their own

valuation of the sum due to the crown so as not to pay the sheriff

any more than that. These various rights were typically expanded

in future times, and the towns received authority to collect the

sum due to the crown rather than the sheriff. This they did by

obtaining a charter renting the town to the burghers at a fee farm

rent equal to the sum thus deducted from the amount due from the

county. Such a town was called a "borough" and its citizens or

landholding freemen "burgesses". To be free of something meant to

have exclusive rights and privileges with respect to it. Selling

wholesale could take place only in a borough. Burgesses were free

to marry. They were not subject to defense except of the borough.

They were exempt from attendance at county and hundred courts. The

king assessed a tallage [ad hoc tax] usually at ten per cent of

property or income. In the boroughs, merchant and manufacturing

guilds controlled prices and assured quality. The head officer of

the guild usually controlled the borough, which excluded rival

merchant guilds. A man might belong to more than one guild, e.g.

one for his trade and another for religion.

Craft guilds grew up in the towns, such as the tanners at Oxford,

which later merged with the shoemakers into a cordwainers' guild.

There were weavers' guilds in several towns, including London,

which were given royal sanction and protection for annual payments

(twelve pounds of silver for London. They paid an annual tribute

and were given a monopoly of weaving cloth within a radius of

several miles. Guild rules covered attendance of the members at

church services, the promotion of pilgrimages, celebration of

masses for the dead, common meals, relief of poor brethren and

sisters, the hours of labor, the process of manufacture, the wages

of workmen, and technical education. Henry standardized the yard

as the length of his own arm.

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 8 / 67 段