Chapter 9

The Times: 1348-1399

Waves of the black death, named for the black spots on the body,

swept over the nation. The first wave of this plague, in 1348,

decimated the population by about one half in the towns and one

third in the country. People tried to avoid the plague by

flight. The agony and death of so many good people caused some

question their belief in God. Also, it was hard to understand why

priests who fled were less likely to die than priests who stayed

with the dying to give them the last rites. Thus begins a long

period of disorganization, unrest, and social instability.

Customary ways were so upset that authority and tradition were no

longer automatically accepted. Fields lay waste and sheep and

cattle wandered over the countryside. Local courts could not be

held. Some monasteries in need of cash sold annuities to be paid

in the form of food, drink, clothing, and lodging during the

annuitant's life, and sometimes that of his widow also. Guilds

and rich men made contributions to the poor and ships with

provisions were sent to various parts of the country for the

relief of starving people.

Farm workers were so rare that they were able to demand wages at

double or triple the pre-plague rate. Prices did not go up

nearly as much. The villeins had become nomadic, roaming from

place to place, seeking day work for good wages where they could

get it, and resorting to thievery on the highways or beggary

where they could not. The Robin Hood legends were popular among

them.

They spread political songs among each other, such as: "To seek

silver to the King, I my seed sold; wherefore my land lieth

fallow and learneth to sleep. Since they fetched my fair cattle

in my fold; when I think of my old wealth, well nigh I weep.

Thus breedeth many beggars bold; and there wakeneth in the world

dismay and woe, for as good is death anon as so for to toil."

Groups of armed men took lands, manors, goods, and women by

force. The villeins agreed to assist each other in resisting by

force their lords' efforts to return them to servitude. Justices

became afraid to administer the law. Villeins, free peasants,

and craftsmen joined together and learned to use the tactics of

association and strikes against their employers.

The office of Justice of the Peace was created for every county

to deal with rioting and vagrants. Cooperation by officials of

other counties was mandated to deal with fugitives from its

justice.

When there were attempts to enforce the legal servitude of the

villeins, they spread rhymes of their condition and need to

revolt. A secret league, called the "Great Society" linked the

centers of intrigue. A poll tax for a war with France touched

off a riot all over the nation in 1381. This tax included people

not taxed before, such as laborers, the village smith, and the

village tiler. By this time, the black death had reduced the

population from 5 million to 2 1/2 million. It was to rise to 4

million by 1600.

Mobs overran the counties around London. The upper classes fled

to the woods. But the Chief Justice was murdered while fleeing.

Written records of the servitude of villeins were burned in

their halls, which were also looted. Prisoners were released

from jails. The archbishop, who was a notoriously exploitive

landlord, and the Treasurer were beheaded on Tower Hill and their

heads were posted over London Bridge. The villeins demanded that

service to a lord be by agreement instead of by servitude, a

ceiling on rents of 4d. per acre yearly, abolition of a lord's

right for their work on demand (e.g. just before a hail storm so

only his crops were saved), and the right to hunt and fish.

The revolt was suppressed and its leaders punished. Also, the

duty to deal with rioting and vagrants was given to royal

judges, sheriffs, mayors, bailiffs, and constables as well as

the Justices of the Peace. There was a high constable in each

hundred and a petty constable in each parish. Justices of the

peace could swear in neighbors as unpaid special constables when

disorder broke out.

The sheriff was responsible for seeing that men of the lower

classes were organized into groups of ten for police and surety

purposes, and for holding of hundred and shire courts, arresting

suspects, guarding prisoners awaiting trial, carrying out the

penalties adjudged by the courts, and collecting Crown revenue

through his bailiffs. Royal writs were addressed to the sheriff.

Because many sheriffs had taken fines and ransoms for their own

use, a term limit of one year was imposed. Sheriffs, hundreders,

and bailiffs had to have lands in the same shires or bailiwicks

[so they could be held answerable to the King].

Efforts were made to keep laborers at the plough and cart rather

than learn a craft or entering and being educated by the church.

The new colleges at the universities ceased to accept villeins

as students.

Due to the shortage of labor, landlords' returns had decreased

from about 20% to 5%. But some found new methods of using land

that were more profitable than the customary services of

villeins who had holdings of land or the paid labor of

practically free men who paid a money rent for land holdings.

One method was to turn the land to sheep-breeding. Others leased

their demesne land, which transferred the burden of getting

laborers from the landlord to the lessor- tenant. The payment was

called a "farm" and the tenant a "farmer". First, there were

stock-and-land leases, in which both the land and everything

required to cultivate it were let together. After 50 years, when

the farmers had acquired assets, there were pure land leases.

The commutation of labor services into a money payment developed

into a general commutation of all services. Lords in need of

money gladly sold manumissions to their villeins. The lord and

lady of some manors now ate by themselves in a private parlor

with a fireplace of its own and the great hall was deserted.

Some farmers achieved enough wealth to employ others as laborers

on their farms. The laborers lived with their employer in his

barn, sleeping on hay in the loft, or in mud huts outside the

barn. The farmer's family lived at one end of the barn around an

open fire. Their possessions typically were: a chest, a trestle

table, benches, stools, an iron or bronze cauldron and pots,

brooms, wooden platters, wooden bowls, spoons, knives, wooden or

leather jugs, a salt box, straw mattresses, wool blankets, linen

towels, iron tools, rushlightholders, and livestock. Some

farmers could afford to have a wooden four-posted bedstead,

hens, geese, pigs, a couple of cows, a couple of sheep, or two

plow oxen. They ate dark bread and beans and drank water from

springs. Milk and cheese were a luxury for them. Farming still

occupied the vast majority of the population. Town inhabitants

and university students went into the fields to help with the

harvest in the summer.

Town people had more wealth than country people. Most townspeople

slept in nightgowns and nightcaps in beds with mattresses,

blankets, linen sheets, and pillows. Beds were made every

morning. Bathing was by sponging hot water from a basin over the

body, sometimes with herbs in it, rinsing with a splash of warm

water, and drying off with a towel. Tubs just for baths came into

use. There were drapery-rugs hung around beds, hand-held mirrors

of glass, and salt cellars. The first meal of the day was

breakfast, which broke the fast lasting the night. Meals were

often prepared according to recipes from cook books which

involved several preparation procedures using flour, eggs, sugar,

cheese, and grated bread, rather than just simple seasoning.

Menus were put together with foods that tasted well together and

served on plates in several courses. Table manners included not

making sounds when eating, not playing with one's spoon or

knife, not placing one's elbows on the table, keeping one's mouth

clean with a napkin, and not being boisterous. There were

courtesies such as saying "Good Morning" when meeting someone

and not pointing one's finger at another person. King Richard II

invented the handkerchief for sneezing and blowing one's nose.

There were books on etiquette.

New burgesses were recruited locally, usually from within a 20

mile radius of town. Most of the freemen of the larger boroughs,

like Canterbury and London, came from smaller boroughs. An

incoming burgess was required to buy his right to trade either

by way of a seven year apprenticeship or by payment of an entry

fee. To qualify, he needed both a skill and social

respectability.

Towns started acquiring from the King the right to vacant sites

and other waste places, which previously was the lord's right.

The perpetuality of towns was recognized by statutes of 1391,

which compared town-held property to church-held property. The

right of London to pass ordinances was confirmed by charter. Some

towns had a town clerk, who was chief of full-time salaried

officers. There was a guildhall to maintain, a weigh-house,

prison, and other public buildings, municipal water supplies,

wharves, cranes, quays, wash-houses, and public lavatories.

After the experience of the black death, some sanitary measures

were taken. The notorious offenders in matters of public hygiene

in the towns, such as the butchers, the fishmongers, and the

leather tanners were assigned specific localities where their

trades would do least harm. The smiths and potters were excluded

from the more densely populated areas because they were fire

risks. In the town of Salisbury, there was Butcher Row, Ox Row,

Fish Row, Ironmongers' Row, Wheelwrights' Row, Smiths' Row, Pot

Row, Silver Street, Cheese Market, and Wool Market.

Fresh water was brought into towns by pipe or open conduit as a

public facility, in addition to having public wells. In London,

a conduit piped water underground to a lead tank, from which it

was delivered to the public by means of pipes and brass taps in

the stone framework. This was London's chief water supply. Water

carriers carried water in wooden devices on their backs to

houses. The paving and proper drainage of the streets became a

town concern. Building contracts began specifying the provision

of adequate cesspits for the privies at town houses, whether the

toilets were built into the house or as an outhouse. Also, in

the better houses, there grew a practice of carting human and

animal fecal matter at night to dung heaps outside the city

walls. There was one public latrine in each ward and about

twelve dung-carts for the whole city. Country manor houses had

toilets on the ground floor and/or the basement level.

Stairwells between floors had narrow and winding steps.

In London, the Goldsmiths, the Mercers, and the Saddlers became

the first guilds to receive, in 1394-5, charters of

incorporation, which gave them perpetual existence. As such they

could hold land in "mortmain", thus depriving the King of rights

that came to him on the death of a tenant-in-chief. They were

called Livery Companies.

In all towns, the organization of craft associations spread

rapidly downwards through the trades and sought self-government.

Craft guilds were gaining much power relative to the old

merchant guilds in governing the towns. The greater crafts such

as the fishmongers, skinners, and the corders organized and

ultimately were recognized by town authorities as self-governing

craft guilds. The building trade guilds such as the tilers,

carpenters, masons, and joiners, became important. Masons were

still itinerant, going to sites of churches, public buildings,

or commanded by the King to work on castles. The guild was not

necessarily associated with a specific product. For instance, a

saddle and bridle were the result of work of four crafts: joiner

(woodworker), painter, saddler (leather), and lorimer (metal

trappings).

In London in 1392 craft guilds included: baker, fishmonger (cut

up and sold fish), fruiterer, brewer, butcher, bird dealer,

cook, apothecary (sold drugs he had ground up), cutler (made

knives and spoons), barber, tailor, shoemaker, glover (made

gloves), skinner (sold furs), girdler (made girdles of cloth to

wear around one's waist), pouchmaker, armorer, sheathmaker,

weaver, fuller (made cloth full and dense), painter, carpenter,

joiner (woodworker who finished interior woodwork such as doors

and made furniture), tiler, mason (cut stone for buildings),

smith (made metal tools for stonemasons and builders), tallow

chandler (made candles and sometimes soap from the fat and

grease the housewife supplied), wax chandler (made candles),

stirrup maker, spurrier (made spurs), and hosteler (innkeeper).

However, the merchant guilds of the goldsmiths, vintners (sold

wine), mercers (sold cloth), grocers, and drapers (finished and

sold English cloth) were still strong. The goldsmiths, tailors,

skinners, and girdlers bought royal charters, which recognized

their power of self-government as a company and their power to

enforce their standards, perhaps throughout the country. Freemen

in one company could practice the trade of another company.

There were paint mills and saw mills replacing human labor. Women

who spent their days spinning with the new spinning wheel were

called "spinsters".

Many of the guilds bought sites on which they built a chapel,

which was later used as a secular meeting place. The guild

officers commonly included an alderman, stewards, a dean, and a

clerk, who were elected. The guild officers sat as a guild court

to determine discipline for offences such as false weights or

measures or false workmanship or work and decided trade disputes.

The brethren in guild fraternity were classified as masters,

journeymen, or apprentices. They were expected to contribute to

the support of the sick and impoverished in their fellowship.

Their code required social action such as ostracizing a man of

the craft who was living in adultery until he mended his ways.

The rules of the Company of Glovers were:

1. None but a freeman of the city shall make or sell gloves.

2. No glover may be admitted to the freedom of the city unless

with the assent of the wardens of the trade.

3. No one shall entice away the servant of another.

4. If a servant in the trade makes away with his master's

chattels to the value of 12d., the wardens shall make good the

loss; and if the servant refuses to be judged by the wardens, he

shall be taken before the mayor and aldermen.

5. No one may sell his goods by candle-light.

6. Any false work found shall be taken before the mayor and

aldermen by the wardens.

7. All things touching the trade within the city between those

who are not freemen shall be forfeited.

8. Journeymen shall be paid their present rate of wages.

9. Persons who entice away journeymen glovers to make gloves in

their own houses shall be brought before the mayor and aldermen.

10. Any one of the trade who refuses to obey these regulations

shall be brought before the mayor and aldermen.

Cordwainers [workers in soft cordovan leather from Spain,

especially shoes] of good repute petitioned the city of London

in 1375 for ordinances on their trade as follows:

'To the mayor and aldermen of the city of London pray the good

folks of the trade of cordwainers of the same city, that it may

please you to grant unto them the articles that follow, for the

profit of the common people; that so, what is good and right may

be done unto all manner of folks, for saving the honor of the

city and lawfully governing the said trade.

In the first place - that if any one of the trade shall sell to

any person shoes of bazen [sheep-skin tanned in oak or

larch-bark] as being cordwain, or of calf- leather for

ox-leather, in deceit of the common people, and to the scandal of

the trade, he shall pay to the Chamber of the Guildhall, the

first time that he shall be convicted thereof, forty pence; the

second time, 7s. half a mark; and the third time the same, and

further, at the discretion of the mayor and aldermen.

Also - that no one of the trade shall keep house within the

franchise if he be not free [invested with the rights or

privileges] of the city and one knowing his trade, and that no

one shall be admitted to the freedom without the presence of the

wardens of the trade bearing witness to his standing, on the pain

aforesaid.

Also - if any one of the trade shall be found offending touching

the trade, or rebellious against the wardens thereof, such

person shall not make complaint to any one of another trade, by

reason of the discord or dissension that may have arisen between

them; but he shall be ruled by the good folks of his own trade.

And if he shall differ from them as acting against right, then

let the offense be adjudged upon before the mayor and aldermen;

and if he be found rebellious against the ordinance, let him pay

to the Chamber the sum above mentioned.

Also - that no one of the trade shall entice or purloin the

servant of another from the service of his master by paying him

more than is ordained by the trade, on the pain aforesaid.

Also - that no one shall carry out of his house any wares

connected with his trade for sale in market or elsewhere except

only at a certain place situated between Soperesland and the

Conduit; and that at a certain time of the day, that is to say,

between prime [the first hour of the day] and noon. And that no

shoes shall exceed the measure of seven inches, so that the

wares may be surveyed by the good folks of the trade, because of

the deceit upon the common people that might ensue and the

scandal of the trade, on the pain aforesaid.

Also - that no one shall expose his wares openly for sale in

market on Sundays at any place, but only within his own dwelling

to serve the common people, on the pain aforesaid.

Also - that if any one sells old shoes, he shall not mix new

shoes among the old in deceit of the common people and to the

scandal of the trade, on the pain aforesaid."

Smithfield was a field outside the city gates at which horses

were sold and raced. In 1372, the horsedealers and drovers

petitioned for a tax on animals sold there to pay for cleaning

the field. The city ordinance reads as follows: "On Wednesday

next after the Feast of St. Margaret the Virgin came reputable

men, the horsedealers and drovers, and delivered unto the mayor

and aldermen a certain petition in these words: 'To the mayor,

recorder, and aldermen show the dealers of Smithfield, that is

to say, the coursers and drovers, that for the amendment of the

said field they have granted and assented among them that for

the term of three years next ensuing after the date of this

petition for every horse sold in the said field there shall be

paid one penny, for every ox and cow one half-penny, for every

eight sheep one penny, and for every swine one penny by the

seller and the same by the purchaser who buys the same for

resale.` Afterwards, on the eleventh day of August in the same

year, Adam Fernham, keeper of the gaol at Newgate, Hugh,

Averelle, bailiff of Smithfield, and William Godhewe, weaver,

were chosen and sworn faithfully to collect and receive the said

pennies in form aforesaid and to clean the field of Smithfield

from time to time during such term of three years when

necessary."

Many London houses were being made from stone and timber and even

brick and timber, instead of just timber and mud. However,

chimneys were still a luxury of the rich. There were windows of

glass and a guild of glaziers was chartered by the King. Many

single-roomed houses added a second-floor room for sleeping,

which was approached by a wooden or stone staircase from the

outside. Goods were displayed on a booth outside the door of the

house or hung in the windows. They were stored at night in the

cellar. Over the booths swung huge signs, which had to be nine

feet above street level to allow a man on horseback to ride

underneath. There were no sidewalks. Street repair work for

wages was supervised by a stone master. The streets sloped down

from the middle so that the filth of the streets would run down

the sides of the road. People sometimes threw the rubbish from

their houses onto the street although they were supposed to cart

it outside the city walls and to clean the frontage of their

houses once a week. Dustmen scavenged through the rubbish on the

streets. Pigs and geese were not allowed to run at large in the

streets, but had to be fed at home. There were other city rules

on building, public order, the use of fountains, precautions

against fire, trading rights in various districts, closing time

of taverns, and when refuse could be thrown into the streets,

e.g. nighttime.

Aldermen were constantly making rounds to test measures and

weights, wine cups, the height of tavern signs, and the mesh of

the fishing nets, which had to be at least two inches wide. They

saw that the taverns were shut when curfew was rung and arrested

anyone on the street after curfew who had a weapon, for no one

with a sword was allowed on the streets unless he was some great

lord or other substantial person of good reputation. Wards

provided citizens to guard the gates in their respective

neighborhood and keep its key.

The city was so dense that nuisance was a common action brought

in court, for instance, vegetable vendors near a church

obstructing passageway on the street or plumbers melting their

solder with a lower than usual shalt of the furnace so smoke was

inhaled by people nearby.

Crime in London was rare. Murder, burglary, highway robbery, and

gross theft were punishable by hanging. Forgery, fraud, was

punishable by the placement in the pillory or stocks or by

imprisonment. Perjury was punished by confession from a high

stool for the first offense, and the pillory for the second.

Slander and telling lies was punished by the pillory and wearing

a whetstone around one's neck.

Prominent Londoners sought to elevate their social position by

having their family marry into rural landholders of position.

Many master freemasons, who carved freestone or finely grained

sandstone and limestone artistically with mallet and chisel,

left the country for better wages after their wages were fixed

by statute. The curvilinear gothic style of architecture was

replaced by the perpendicular style, which was simpler and

cheaper to build. Church steeples now had clocks on them with

dials and hands to supplement the church bell ringing on the

hour.

Towns recognized surgery as a livelihood subject to admission and

oath to serve the social good. Master surgeons were admitted to

practice in 1369 in London in full husting before the mayor and

the aldermen and swore to: faithfully serve the people in

undertaking their cures, take reasonably from them, faithfully

follow their calling, present to the said mayor and aldermen the

defaults of others undertaking, so often as should be necessary;

to be ready, at all times when they should be warned, to attend

the maimed or wounded and others, to give truthful information

to the officers of the city as to such maimed, wounded, or

others whether they be in peril of death or not, and to

faithfully do all other things touching their calling.

Some young girls of good families were boarded at nunneries to be

taught there. Some upper class widows retired there. Only women

were allowed to be present at a birth, at which they spread the

knowledge of midwifery. As usual, many women died giving birth.

Various ways to prevent pregnancy were tried. It was believed

that a baby grew from a seed of the father planted in the woman's

body.

Infant mortality was especially high in boroughs and burgess

family lines usually died out. A three-generation family span

was exceptional in the towns, despite family wealth.

Children's sweets included gingerbread and peppermint drops.

After the plague, gentlemen no longer had their children learn

to speak Norman. The grammar schools taught in English instead

of Norman. Bishops began to preach in English. Twenty years

later, English became the official language of the courts and of

Parliament.

A will in 1389 in which a wealthy citizen arranges for one son to

become a lawyer and the other a merchant: "Will of William de

Tonge, citizen of London: One hundred marks [1,333s.] each to my

two sons. And I will that my said two sons shall live upon the

profits of the money bequeathed to them above until the age of

twenty years. And if my said two sons be well learned in grammar

and adorned with good manners, which shall be known at the end

of twenty years, and the elder son wish to practice common law,

and if it is known that he would spend his time well in that

faculty, I will that over and above the profit of the said one

hundred marks he shall have yearly from my rents for the term of

seven years five marks [67s.]. And if he should waste his time

aforesaid, or if he should marry foolishly and unsuitably, I

will that he receive nothing more of the said five marks.

And if younger son wishes to attend the University of Oxford or

to establish himself well in the mystery of a merchant after the

age of twenty years, and [if] there be knowledge of his

praiseworthy progress in his faculty or his carefulness in

trading ... I will that he shall receive five marks yearly in the

manner described above for his maintenance, over and above the

profit of the said one hundred marks to him bequeathed, for the

space of seven years; and if he behave himself otherwise, I will

that thereupon he be excluded from the said five marks. And in

case the said bequest of 200 marks [2,667s.]to him and his

brother shall be annulled so that he shall have nothing therefrom

... then the said 200 marks shall be spent upon all the yearly

chaplains who can be had to celebrate divine service in the

church of All Hallows for my soul."

England was still an agricultural rather than a manufacturing

country. Imported were cloth, silks, linen, velvets, furs,

glass, wines, candles, millstones, amber, iron, and mercury.

Exported were wool, leather, lead, tin, and alabaster for

sculpturing. But the London Society of the Merchant Adventurers,

which had a monopoly of trade with the Low Countries, now

manufactured cloth good enough for export and began to buy up

raw wool in such quantity that its export declined.

An Oxford theologian and preacher, John Wyclif, voiced the

popular resentment of the materialism of the church, benefit of

clergy, immorality of priests, and the selling of indulgences

and pardons. He argued against the supremacy of the papal law

over the King's courts and against payments to the papacy. He

opined that the church had no power to excommunicate. The Friars

had become mere beggars and the church was still wealthy. He

proposed that all goods should be held in common by the

righteous and that the church should hold no property but be

entirely spiritual. He believed that people should rely on their

individual consciences. He thought that the Bible should be

available to people who could read English so that the people

could have a direct access to God without priests or the Pope.

Towards this end, he translated it from Latin into English in

1384. His preachers spread his views throughout the country. The

church then possessed about one-third of the land of the nation.

Stories were written about pilgrimage vacations of ordinary

people to religious sites in England. Geoffrey Chaucer's "Tales

of the Canterbury Pilgrims" portrayed characters of every social

class, including the knight with his squire, abbot, prioress,

nun, priest, monk, friar, poor parson of the country, summoner

(who enforced the jurisdiction and levied the dues of the church

courts), pardoner (sold pardons from the Pope), scholar, lawyer,

doctor, merchant, sailor, franklin, yeoman, haberdasher,

tapestry-maker, ploughman, cook, weaver, dyer, upholsterer,

miller, reeve, carpenter.

It told stories about a beautiful and virtuous wife disliked by

her mother-in- law, the difficulty of marriage between people of

different religions, the hatred of a poor person b his brother

and his neighbor, rich merchants who visited other kingdoms, the

importance of a man himself following the rules he sets for

other people's behavior, the spite of a man for a woman who

rejected him, the relative lack of enthusiasm of a wife for sex

as compared to her husband, a mother giving up her own comfort

for that of her child, the revenge killing of a murderer by the

dead man's friends, the joy of seeing a loved one after years of

separation, that life is more sad than happy, that lost money can

be retrieved, but time lost is lost forever.

Other stories in the Canterbury Tales were about two men who did

not remain friends after they fell in love with the same woman,

about a child who preferred to learn from an older child than

from his school-teacher, about a wife who convinced her husband

not to avenge her beating for the sake of peace, about a man who

woke up from bad dreams full of fear, about a man wanting to

marry a beautiful woman but later realizing a plain wife would

not be pursued by other men, about a man who drank so much wine

that he lost his mental and physical powers, about a woman who

married for money instead of love, about a man who said

something in frustration which he didn't mean, about a person

brought up in poverty who endured adversity better than one

brought up in wealth, about a wife who was loving and wise,

about a good marriage being more valuable than money, about a

virgin who committed suicide rather than be raped, about a wife

persuaded to adultery by a man who said he would otherwise kill

himself, about three men who found a pile of gold and murdered

each other to take it all, about an angry man who wanted to

kill, about a malicious man who had joy in seeing other men in

trouble and misfortune, about a man whose face turned red in

shame, about a wife expecting to have half of what her husband

owned.

Will Langland's poem "The Vision of William Concerning Piers

Plowman" portrays a pilgrimage of common people to the shrine of

Truth led by a virtuous laborer. Mystics wrote practical advice

with transcendental teaching, for instance "Scale of Perfection"

attributed to Walter Hilton and "Cloud of Unknowing". Richard

Rolle wrote about spiritual matters, probably the "Prick of

Conscience". Richard de Bury wrote "Philobiblon" about book

lovers. Jean Froissart wrote the "Chronicles" on knights.

Courtly ideals were expressed in "Sir Gawaine and the Grene

Knyght", wherein the adventures of the hero, an Arthur knight,

are allegorical in the struggle against the world, the flesh,

and the devil (1370). "Pearl" eulogized all that is pure and

innocent on the event of the death of a two year old child.

Paper supplemented parchment, so there were more books.

Political songs and poems were written about the evil times of

King Edward II, the military triumphs of King Edward III, and

the complaints of the poor against their oppressors, such as

"Song of the Husbandman". John Gower wrote moralizing poems on

the villein's revolt, the sins of the clergy and lawyers, and the

bad rule of King Richard II. Robin Hood ballads were popular.

The minstrel, who was a honorable person, replaced the

troubadour of older times.

There were many colleges at Oxford and Cambridge due to the

prohibition of gifts to the church. Laymen instead of

ecclesiastics were appointed as Chancellor. The Masters at

Oxford got rid of ecclesiastical supervision by a bishop and

archdeacon by 1368. One could be admitted as a student at age

thirteen.

A Bachelor of Arts degree was granted after four years of study

and an oral exam. Required reading in 1340 for the Bachelor's

Degree was Aristotlean logic and a selection from these works:

"Of Heaven and Earth", "On the Soul", "Of meteors", "Of Birth

and Decay", "Of Feeling and What is Felt", "Of Memory and

Recollection", "Of Sleep and Waking", "Of the Movement of

Animals", "Of Minor Points in Natural History".

A Master of Arts degree could be awarded after three more years

of study and teaching. A Doctorate degrees in theology required

ten more years of study. A Doctorate in civil or canon law

required eight more years. A man with a degree in canon law who

wanted to practice in a certain bishop's court had to first

satisfy this bishop of his competence. The guilds gave rise to

the Inns of Court in London. They used the Register of Writs,

the case law of the Year Books, and disputation to teach their

students.

For a doctorate in medicine from Oxford or Cambridge, five more

years plus two years of practice were required. Surgery was not

taught because it was considered manual labor. Humans were

thought to be influenced by four humors: sanguine, phlegmatic,

choleric, and melancholic. Urinalysis and pulse beat were used

for diagnosis. Epilepsy and apoplexy were understood as spasms

inside the head. It was known what substances served as

laxatives and diuretics. Teeth were extracted, eye cataracts

were removed with a silver needle, and skin from the arm was

grafted onto a mutilated face.

Englishmen who had collected books on philosophy, medicine,

astronomy, and history and literature books from the continent

gave their collections to the universities, which started their

libraries. Marco Polo's discoveries on his journey to China were

known.

The requirements of elementary and higher studies were adjusted

in 1393 and began the public school system. William of Wykeham's

school, St. Mary College of Winchester in Oxford was the

prototype. The curriculum was civil law, canon law, medicine,

astronomy with astronomical instruments that were made, theology,

and the arts. The arts textbooks were still grammar, logic,

Donatus, and Aristotle. Many laymen were literate, for instance

country gentry, merchants, and craftsmen. Laymen instead of

clerics were now appointed to the great offices of state.

Parliament was composed of representatives from 100 boroughs and

37 shires. Merchants were entering Parliament and paid much of

the taxes. Some were created Earls and appointed as ministers to

the King. Edward III did not summon anyone to his council who

did not have the confidence of the magnates [barons, earls,

bishops, and abbots]. Under him, the commons took a leading part

in the granting of taxes and the presentation of petitions.

At the 1376 Parliament, ("the Good Parliament") the Commons,

which formerly had only consented to taxes, took political

action by complaining that the King's councilors had grown rich

by war profiteering at the cost of impoverishing the nation and

the people were too poor to endure any more taxation for the war

and held a hearing on malfeasance of two ministers. The

Parliament found the charges proved and dismissed them from

office. This established the constitutional means for

impeachment and removal of ministers. The commons demanded that

its members be elected by shire citizens rather than appointed

by the sheriff. Actions of this Parliament were undone a few

months later.

King Richard II exiled Henry of Lancaster, forbade his

inheritance, and took his property. This made all propertied men

anxious. The "Merciless Parliament" of 1388 swept out King

Richard II's friends. Parliament threw Richard II into prison

and elected Lancaster to be King Henry IV. This action

established clearly that royal decrees were subordinate to

parliamentary statutes. The House of Commons became very

powerful.

So the roles of Parliament and the King's council are starting to

differentiate into legislative and executive, respectively. The

legislative function is law- making and the executive is

regulation-making that refines and effectuates the laws of

Parliament. But the legislative, executive and judicial

authorities have not as yet become so completely separated that

they cannot on occasion work together.

There was a standard form of direct taxation voted by Parliament,

which was normally 1/10 of the value of all moveables in towns

and royal domains and 1/15 in the country.

>From 1150 to 1400, resistance was an ordinary remedy for

political disagreements. If a popular leader raised his standard

in a popular cause, an irregular army could be assembled in a

day. (There was no regular army, since England was protected by

the sea from invasion.) So misgovernment by a King would be

quickly restrained. Society recovered quickly from conflict and

civil war because the national wealth consisted chiefly in

flocks and herds and in the simple buildings inhabited by the

people. In a week after armed resistance, the agricultural

worker was driving his team. There was little furniture, stock of

shops, manufactured goods, or machinery that could be destroyed.

The feudal army was summoned for the last time in the 100 year

war with France, which began in 1337. In it the English longbow

was used to pierce French knights' armor. Guns and cannon with

gunpowder were introduced in 1338. They became common by 1372

and foresaw the end to the competition between the strength of

arrows to pierce and the heaviness of armor to resist.

Featherbeds and blooded horses were favorite spoils of war

brought back to England. In th 1300s and 1400s, the King relied

on mercenaries hired directly or by contract with his great

nobles for foreign wars.

Many lords got men to fight with them by livery and maintenance

employment agreements such as this one of 1374: "Bordeaux,

February 15. This indenture, made between our lord King John [of

Gaunt, of Castile, etc.] of the one part and Symkyn Molyneux,

esquire, of the other part, witnesses that the said Symkyn is

retained and will remain with our said lord for peace and for

war for the term of his life, as follows: that is to say, the

said Symkyn shall be bound to serve our said lord as well in time

of peace as of war in whatsoever parts it shall please our said

lord, well and fitly arrayed. And he shall be boarded as well in

time of peace as of war. And he shall take for his fees by the

year, as well in time of peace as of war, 133s. ten marks

[133s.4d] sterling from the issues of the Duchy of Lancaster by

the hands of the receiver there who now is or shall be in time to

come, at the terms of Easter and Michaelmas by even portions

yearly for the whole of his life. And, moreover, our lord has

granted to him by the year in time of war five marks [67s.]

sterling by the hands of the treasurer of war for the time being.

And his year of war shall begin the day when he shall move from

his inn towards our said lord by letters which shall be sent to

him thereof, and thenceforward he shall take wages coming and

returning by reasonable daily [payments] and he shall have

fitting freightage for him, his men, horses, and other harness

within reason, and in respect of his war horses taken and lost

in the service of our said lord, and also in respect to

prisoners and other profits of war taken or gained by him or any

of his men, the said our lord will do to him as to other squires

of his rank."

Forecastles and stern castles on ships were lower and broader.

Underneath them were cabins. The English ship was still

single-masted with a single square sail. A navy was formed with

over 200 ships selected by the English admirals acting for the

King at the ports. Men were seized and pressed into service and

criminals were pardoned from crimes to become sailors in the

fleet, which was led by the King's ship. They used the superior

longbow against the French sailor's crossbow. In 1372, the Tower

of London had four mounted fortress cannon and Dover had six.

The war's disruption of shipping caused trade to decline. But the

better policing of the narrow seas made piracy almost disappear.

In 1363, Calais, a continental town held by the English, became

the staple town for lead, tin, cloth, and wool and was placed

under a group of London capitalists: the Merchants of the

Staple. All exports of these had to pass through Calais, where

customs tax was collected. Merchants who took cloth abroad to

various places to sell, personally or by agents, were called

merchant adventurers to distinguish them from the Merchant of

the Staple.

Waterpower was replacing foot power in driving the mills where

cloth was cleaned and fulled [thickened].

A boundary dispute between two barons resulted in the first true

survey map. Nine cow pastures were divided by a boundary marked

by a shield on a pole which the commission of true and sworn men

had set up.

Bethlehem Hospital was used from 1377 to house the mentally ill.

The Law

After the Black Death of 1348 these statutes were enacted:

High treason was defined by statute in 1352 as levying war

against the King, aiding the King's enemies, compassing or

imagining the death of the King, Queen, or their eldest son and

heir, or violating the Queen or the eldest unmarried daughter or

the wife of the King's eldest son and heir, making or knowingly

using counterfeits of the King's great or privy seal or coinage,

or slaying the Chancellor, Treasurer, or any justice in the

exercise of their duty. The penalty was forfeit of life and

lands. During the reign of King Richard II, who was later

disposed, high treason was extended to include making a riot and

rumor, compassing or purposing to depose the King, revoking

one's homage or liege to the King, and attempting to repeal a

statute. But these extensions were repealed after he was

deposed.

Petit treason was defined by statute and included a servant

slaying his master, a wife her husband, or a man his lord, to

whom was owed faith and obedience.

No one shall tell false news or lies about prelates, dukes,

earls, barons, and other nobles and great men or the Chancellor,

Treasurer, a Justice, Clerk of the Privy Seal, Steward of the

King's house whereby debates and discords might arise between

these lords or between the lords and the commons. Cases shall be

tried by the King's Council, which included the Chancellor,

Treasurer, and chief justices.

Preachers drawing crowds by ingenious sermons and inciting them

to riot shall be arrested by sheriffs and tried by the

ecclesiastical court.

Any stranger passing at night of whom any have suspicion shall be

arrested and taken to the Sheriff.

No man shall ride with a spear, upon pain of forfeiting it.

No servant of agriculture or laborer shall carry any sword or

dagger, or forfeit it, except in time of war in defense of the

nation. He may carry bow and arrow [for practice] on Sundays and

holy days, when he should not play games such as tennis.

football, or dice.

No one may enter another's land and tenements by strong hand nor

with a mob, upon pain of imprisonment and ransom at the King's

will.

Charters, releases, obligations, [quit-claim deeds] and other

deeds burnt or destroyed in uprisings shall be reissued without

fee, after trial by the King and his council. Manumissions,

obligations, releases and other bonds and feoffments in land

made by force, coercion or duress during mob uprisings are void.

Men who rape and women consenting after a rape shall lose their

inheritance and dower and joint feoffments. The husbands, or

father or next of kin of such women may sue the rapist by

inquisition, but not by battle. The penalty is loss of life and

member.

The Statute of Laborers of 1351 required all workers, from

tailors to ploughmen, to work only at pre-plague wage rates and

forced the vagrant peasant to work for anyone who claimed him or

her. It also encouraged longer terms of employment as in the

past rather than for a day at a time. Statutory price controls on

food limited profits to reasonable ones according to the

distance of the supply. Later, wages were determined in each

county by Justices of the Peace according to the dearth of

victuals while allowing a victualler a reasonable profit and a

penalty was specified as paying the value of the excess wages

given or received for the first offense, double this for the

second offense, and treble this or forty days imprisonment for

the third offense.

A fugitive laborer will be outlawed, and when found, shall be

burnt in the forehead with the letter "F" for falsity.

Children who labored at the plough and cart or other agriculture

shall continue in that labor and may not go into a craft.

A statute of 1363 designed to stop hoarding various types of

merchandise until a type became scarce so to sell it at high

prices, required merchants to deal in only one type of

merchandise. It also required craftsmen to work in only one

craft as before (except women who traditionally did several

types of handiwork). This was repealed a year later.

Where scarcity has made the price of poultry high, it shall be

lowered to 8d. for a young capon, 7d. for an old capon or a

goose, 9d. for a hen, and 10d. for a pullet.

The fares for passage on boats on fresh waters and from Dover to

the continent shall remain at their old rate.

Any merchant selling at a fair after it has ended will forfeit to

the King twice the value of that sold.

Anyone finding and proving cloth contrary to the assize of cloth

shall have one- third of it for his labor.

No shoemaker nor cordwainer shall tan their leather and no tanner

shall make shoes, in order that tanning not be false or poorly

done.

The staple was reinstituted by statute of 1353 after an

experiment without it, in which profits of a staple went to

staples outside the nation. The rationale for the staple was to

facilitate inspection of quality and the levy of customs. Wool,

woolfells, leather, and lead sold for export had to go through

the staple town. The penalty was forfeiture of lands, tenements,

goods, and chattel. (The staple statute remained basically

unchanged for the next 200 years.) The mayor and constables of

the staple were elected annually by the native and foreign

merchants of the place. The mayor gave validity to contracts for

a set fee, by seal of his office. He and the constables had

jurisdiction over all persons and things touching the staple,

which was regulated by the Law Merchant in all matters of

contract, covenant, debt, and felonies against foreign merchants.

A Hue and Cry was required to be raised and followed for anyone

taking a cart of merchandise or slaying a merchant, denizen

[resident alien] or alien, or the town would answer for the

robbery and damage done.

All denizen [foreigner permitted to reside in the realm with

certain rights and privileges] and alien merchants may buy and

sell goods and merchandise, in gross, in any part of the

country, despite town charters or franchises, to anyone except

an enemy of the King. They may also sell small wares: victuals,

fur, silk, cover chiefs, silver wire, and gold wire in retail,

but not cloth or wine. They must sell their goods within three

months of arrival. Any alien bringing goods to the nation to

sell must buy goods of the nation to the value of at least

one-half that of his merchandise sold. These merchants must

engage in no collusion to lower the price of merchandise

bought, take merchandise bought to the staple, and promise to

hold no staple beyond the sea for the same merchandise. An

amendment disallowed denizens from taking wools, leather,

woolfells, or lead for export, but only strangers.

Towns failing to bring disturbers of this right to justice shall

forfeit their franchise to the King and pay double damages to

the merchant. The disturber shall be imprisoned for a year.

Cloth may not be tacked nor folded for sale to merchants unless

they are opened to the buyers for inspection, for instance for

concealed inferior wool. Workers, weavers, and fullers shall put

their seals to every cloth. And anyone could bring his own

wools, woolfells, leather, and lead to the staple to sell without

being compelled to sell them in the country. Special streets or

warehouses were appointed with warehouse rent fixed by the mayor

and constables with four of the principal inhabitants. Customs

duties were regulated and machinery provided for their

collection. No one was to forestall or regrate, that is, buy at

one price and sell at a higher price in the same locale.

Forestallers were those who bought raw material on its way to

market. Regrators were those who tried to create a "corner" in

the article in the market itself.

Anyone may ship or carry grain out of the nation, except to

enemies, after paying duties. But the council may restrain this

passage when necessary for the good of the nation. Any merchant,

privy or stranger, who was robbed of goods on the sea or lost

his ship by tempest or other misfortune on the sea banks, his

goods coming to shore could not be declared Wreck, but were to be

delivered to the merchant after he proves ownership in court by

his marks on the goods or by good and lawful merchants.

All stakes and obstacles set up in rivers impeding the passage of

boats shall be removed.

Imported cloth shall be inspected by the King's officials for

non-standard measurements or defects [despite town franchises].

No one shall leave the nation except at designated ports, on pain

of one year's imprisonment.

English merchants may carry their merchandise in foreign ships if

there are no English ships available.

Social distinctions by attire were mandated by statute of 1363. A

servant, his wife, son, or daughter, shall only wear cloth worth

no more than 27s. and shall not have more than one dish of meat

or fish a day. Carters, ploughmen, drivers of the plough,

oxherds, cowherds, shepherds, and all other people owning less

than 40s. of goods and chattels shall only wear blanket and

russet worth no more than 12d. and girdles of linen according to

their estate. Craftsmen and free peasants shall only wear cloth

worth no more than 40s. Esquires and gentlemen below the rank of

knight with no land nor rent over 2,000s. a year shall only wear

cloth worth no more than 60s., no gold, silver, stone, fur, or

the color purple. Esquires with land up to 2,667s. per year may

wear 67s. cloth, cloth of silk and silver, miniver [grey] fur

and stones, except head stones. Merchants, citizens, burgesses,

artificers, and people of handicraft having goods and chattels

worth 10,000s. shall wear cloth the same value as that worn by

esquires and gentlemen with land or rent within 2,000s. per

year. The same merchants and burgesses with goods and chattels

worth 13,333s. and esquires and gentlemen with land or rent

within 400s. per year may not wear gold cloth, miniver fur,

ermine [white] fur, or embroidered stones. A knight with land or

rents within 2,667s. yearly are limited to cloth of 80s., but

his wife may wear a stone on her head. Knights and ladies with

land or rents within 8,000s. to 20,000s. yearly may not wear fur

of ermine or of letuse, but may wear gold, and such ladies may

wear pearls as well as stones on their heads. The penalty is

forfeiture of such apparel. This statute is necessary because of

"outrageous and excessive apparel of diverse persons against

their estate and degree, to the great destruction and

impoverishment of all the land".

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

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

for the lord to claim. If there is no claim after four months,

the finder may have it only if he is a gentleman. If one steals

a hawk from a lord or conceals from him the fact that it has been

found, he shall pay the price of the hawk and be imprisoned for

two years.

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

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

hound or dog] to hunt, nor shall they use nets or cords or other

devices to take [deer, rabbits, conies, nor other gentlemen's

game], upon pain of one year imprisonment.

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

house or elsewhere, except at festivals, when three are allowed

[because great men ate costly meats to excess and the lesser

people were thereby impoverished].

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

except foreign merchants may carry back the portion of their

money not used to buy English commodities. The penalty for

bringing false or counterfeit money into the nation is loss of

life and member. An assigned searcher [inspector] for coinage of

the nation on the sea passing out of the nation or bad money in

the nation shall have one third of it. No foreign money may be

used in the nation.

Each goldsmith shall have an identifying mark, which shall be

placed on his vessel or work only after inspection by the King's

surveyor.

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

Vagrants begging in London were banned by this 1359 ordinance:

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

counties, who might work, to the help of the common people, have

betaken themselves from out of their own country to the city of

London and do go about begging there so as to have their own ease

and repose, not wishing to labor or work for their sustenance, to

the great damage of the common people; and also do waste divers

alms which would otherwise be given to many poor folks, such as

lepers, blind, halt, and persons oppressed with old age and

divers other maladies, to the destruction of the support of the

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

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

said city and who are able to labor and work for the profit of

the common people shall quit the said city between now and

Monday next ensuing. And if any such shall be found begging

after the day aforesaid, the same shall be taken and put in the

stocks on Cornhill for half a day the first time, and the second

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

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

and shall then forswear the said city forever. And every

constable and the beadle of every ward of the said city shall be

empowered to arrest such manner of folks and to put them in the

stocks in manner aforesaid."

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

fruition in a 1352 statute requiring consent of the Parliament

before any commission of array for militia could be taken and a

1362 statute requiring purchases of goods and means of

conveyance for the King and his household to be made only by

agreement with the seller and with payment to him before the

King traveled on, instead of at the low prices determined

unilaterally by the King's purveyer.

Every man who has wood within the forest may take houseboot and

heyboot in his wood without being arrested so long as it take

such within the view of the foresters.

English was made the official language of the courts, replacing

French and Latin, and schools in 1362 and of Parliament,

replacing Anglo-Norman, in 1363.

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

shall be put into ditches or rivers or other waters, so that

maladies and diseases will not be caused by corrupted and

infected air. The penalty is 400s. to the King after trial by

the Chancellor.

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

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

to the King.

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

service except in case of an enemy invasion of the nation. Men

who chose to go into the King's service outside the nation shall

be paid wages by the King until their return.

Admiralty law came into being when ancient naval manners and

customs were written down as the "Black Book of the Admiralty".

This included the organization of the fleet under the Admiral,

sea-maneuver rules such as not laying anchor until the Admiral's

ship had, engagement rules, and the distribution of captured

goods: one-fourth to the vessel owner, one-fourth to the King if

the seamen were paid by the King's wages, and the rest divided

among the crew and Admiral. Stealing a boat or an anchor holding

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

was punishable by forty days imprisonment for the first offense,

six months imprisonment for the second, and hanging for the

third. Desertion was punishable by loss of double the amount of

wages earned and imprisonment for one year. Cases were tried by

jury in the Admiral's court.

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

King's appointees.

A man may not hire another man to fight in his place in a

quarrel, except one living in his household or his esquire.

Judicial Procedure

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

knights, esquires and gentlemen who were closely associated with

the magnates. There was no salary nor any requirement of

knowledge of the law. They were to pursue, restrain, arrest,

imprison, try, and duly punish felons, trespassers, and rioters

according to the law. They were expected to arrest vagrants who

would not work and imprison them until sureties for good

behavior was found for them. They also were empowered to

inspect weights and measures and enforce the new law against

hiring another to fight one's quarrel. Trespass included forcible

offenses of breaking of a fence enclosing private property,

assault and battery, false imprisonment, and taking away goods

and chattels.

Private suits for murder or personal injury were falling into

disuse and being replaced by the action of trespass.

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

defense or by misfortune [accident], and not for slaying by

lying in wait, assault, or malice aforethought.

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

mayors shall have power to inquire of all vagabonds and compel

them to find surety of their good bearing or be imprisoned.

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

often used for political purposes. Most attaints were reversed

as a term of peace made between factions.

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

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

England, or in Tail after Possibility of Issue extinct are sued

in court for the land, so as to prevent collusion by the

demandants.

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

tenements or chattels to his friends in collusion to have the

profits at their will.

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

writ of deceit is also maintainable.

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

contract was made. The action of debt includes enforcement of

contracts executed or under seal, e.g. rent due on a lease, hire

of an archer, contract of sale or repair of an item. Thus there

is a growing connection between the actions of debt and

contract.

Executors have an action for trespass to their testators' goods

and chattels in like manner as did the testator when alive.

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

next and most lawful friends appointed. Such administrators

shall have the same powers and duties as executors and be

accountable as are executors to the ecclesiastical court.

Children born to English parents in parts beyond the sea may

inherit from their ancestors in the same manner as those born in

the nation.

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

appeal to the King's Bench or Common Pleas, regardless of any

town franchise.

The Court of the King's Bench worked independently of the King.

It became confined to the established common law. The King

proclaimed that petitions for remedies that the common law

didn't cover be addressed to the Chancellor, who was not bound

by established law, but could do equity. With the backing of the

council, he made decisions implementing the policy of the Statute

of Laborers. Most of these concerned occupational competency,

for instance negligent activity of carriers, builders,

shepherds, doctors, clothworkers, smiths, innkeepers, and

jailers. For instance, the common law action of detinue could

force return of cloth bailed for fulling or sheep bailed for

pasturing, but could not address damages due to faulty work. The

Chancellor addressed issues of loss of wool, dead lambs, and

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

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

from third parties. A dog bite or other damage by a dog known by

its owner to be vicious was made a more serious offense than

general damage by any dog. A person starting a fire was given a

duty to prevent the fire from damaging property of others. These

new forms of action came to be known as assumpsit, which

provided damages for breach of an oral agreement and a written

agreement without a seal, or trespass on the case, which did not

require the element of force of the trespass offense.

Decisions of the common law courts are appealable to Parliament,

which can change the common law by statute.

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

Champerty [an outsider supporting or maintaining litigation in

which there is an agreement for him to share in the award] is

forbidden because court officials have maintained and defended

a party which has resulted in another party being cheated out of

his land.

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

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

nor free custom, unless it be by the law of the land; it is

established that from henceforth none shall be taken by petition

or suggestion made to the King unless by indictment of good and

lawful people of the same neighborhood where such deeds be done,

in due manner, or by process made by writ original at the common

law; nor that none be out of his franchise, nor of his

freeholds, unless he be duly brought into answer and forejudges

of the same by the course of law. (forerunner of indictment grand

juries and trial juries for criminal cases)

There were so many cases that were similar to, but not in

technical conformity with, the requirements of the common law

for a remedy by the reign of Edward III, that litigants were

flowing into the Chancery, which had the power to give swift and

equitable relief.

The King will fine instead of seize the land of his tenants who

sell or alienate their land, such fine to be determined by the

Chancellor by due process.

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

church often agreed to the penalty of confession and perpetual

banishment from the nation as follows: "Memorandum that on July

6, [1347], Henry de Roseye abjured the realm of England before

John Bernard, the King's coroner, at the church of Tendale in

the County of Kent in form following: 'Hear this, O lord the

coroner, that I, Henry de Roseye, have stolen an ox and a cow of

the widow of John Welsshe of Retherfeld; and I have stolen

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

acknowledge that I have feloniously killed Roger le Swan in the

town of Strete in the hundred of Strete in the rape of Lewes and

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

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

the land of the Lord Edward King of England, and [I

acknowledge] that I ought to hasten to the port of Hastings,

which thou hast given me, and that I ought not to depart from

the way, and if I do so I am willing to be taken as a thief and

felon of the lord King, and that at Hastings I will diligently

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

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

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

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

days, I will return at once to the church, as a thief and a

felon of the lord King, so help me God."

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

a 1374 case: "John Parker, butcher, was summoned to answer

Clement Spray in a plea of trespass, wherein the latter

complained that the said John, who had hired a tavern at the

corner of St. Martin-le-Grand from him for fifteen months, had

committed waste and damage therein, although by the custom of the

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

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

the defendant had taken down the doorpost of the tavern and also

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

seat in the tavern, a plastered partition wall, the stone

flooring in the chamber, the hearth of the kitchen, and the

mantelpiece above it, a partition in the kitchen, two doors and

other partitions, of a total value of 21s. four pounds, 1s.

8d., and to his damage, 400s. 20 pounds. The defendant denied

the trespass and put himself on the country. Afterwards a jury

... found the defendant guilty of the aforesaid trespass to the

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

a fine of 1s. to the King, which the defendant paid immediately

in court."

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

lodgers was applied in this case:

"John Trentedeus of Southwark was summoned to answer William

Latymer touching a plea why, whereas according to the law and

custom of the realm of England, innkeepers who keep a common inn

are bound to keep safely by day and by night without reduction

or loss men who are passing through the parts where such inns

are and lodging their goods within those inns, so that, by

default of the innkeepers or their servants, no damage should in

any way happen to such their guests ...

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

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

certain malefactors took and carried away two small portable

chests with 533s. and also with charters and writings, to wit

two writings obligatory, in the one of which is contained that a

certain Robert Bour is bound to the said William in 2,000s. and

in the other that a certain John Pusele is bound to the same

William in 800s. 40 pounds ... and with other muniments

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

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

of Somerset and Dorset, whereof the same William was then

sheriff, for the morrow of the Purification of the Blessed Mary

the Virgin in the year aforesaid, as well before the same lord

the King in his Chancery and in his Bench as before the justices

of the King's Common Bench and his barons of his Exchequer,

returnable at Westminster on the said morrow, and likewise the

rolls of the court of Cranestock for all the courts held there

from the first year of the reign of the said lord the King until

the said Monday, contained in the same chests being lodged

within the inn of the same John at Southwark

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

second hour after noon the said William entered his inn to be

lodged there, and at once when he entered, the same John

assigned to the said William a certain chamber being in that

inn, fitting for his rank, with a door and a lock affixed to the

same door with sufficient nails, so that he should lie there and

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

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

William accepted...

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

said chamber and key as above, the same William, being occupied

about divers businesses to be done in the city of London, went

out from the said inn into the city to expedite the said

businesses and handed over the key of the door to a certain

servant of the said William to take care of in meantime,

ordering the servant to remain in the inn meanwhile and to take

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

falling, the same William being in the city and the key still in

the keeping of the said servant, the wife of the said John

called unto her into her hall the said servant who had the key,

giving him food and drink with a merry countenance and asking

him divers questions and occupying him thus for a long time,

until the staple of the lock of the door aforesaid was thrust on

one side out of its right place and the door of the chamber was

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

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

John says ...[that his wife did not call the servant into the

hall, but that] when the said servant came into the said hall and

asked his wife for bread and ale and other necessaries to be

brought to the said chamber of his master, his wife immediately

and without delay delivered to the same servant the things for

which he asked ... protesting that no goods of the same William

in the said inn were carried away by the said John his servant or

any strange malefactors other than the persons of the household

of the said William."

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

a court-crier can be seized by officers of a staple:

"Edmund Hikelyng, 'criour', sues William Baddele and wife Maud,

John Olney, and William Knyghtbrugge for assault and

imprisonment at Westminster, attacking him with a stick and

imprisoning him for one hour on Wednesday before St. Martin, 19

Richard II.

Baddele says Mark Faire of Winchester was prosecuting a bill of

debt for 18s. against Edmund and John More before William

Brampton, mayor of the staple of Westminster, and Thomas Alby

and William Askham, constables of the said staple, and on that

day the Mayor and the constables issued a writ of capias against

Edmund and John to answer Mark and be before the Mayor and the

constables at the next court. This writ was delivered to Baddele

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

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

aided Baddele by virtue of the said writ.

Edmund does not acknowledge Baddele to be sergeant of the staple

or Mark a merchant of the staple or that he was taken in the

staple. He is minister of the King's Court of his Bench and is

crier under Thomas Thorne, the chief crier, his master. Every

servant of the court is under special protection while doing his

duty or on his way to do it. On the day in question, he was at

Westminster carrying his master's staff of office before Hugh

Huls, one of the King's justices, and William took him in the

presence of the said justice and imprisoned him.

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

Our Legal Heritage: The First Thousand Years: 600 - 1600 King Aethelbert - Queen Elizabeth · 第 9 / 14 章