Chapter 10

The Times: 1399-1485

This period, which begins with the reign of the usurper King,

Henry IV, is dominated by war: the last half of the 100 year war

with France, which, with the help of Joan of Arc, took all

English land on the continent except the port of Calais, and the

War of the Roses in England. The barons and earls returned from

France with their private fighting units. Nobles employed men who

had returned from fighting to use their fighting skill in local

defense. All the great houses kept bands of armed retainers.

These retainers were given land or pay or both as well as

liveries [uniforms or badges] bearing the family crest. They came

to fight for the cause of one of the two royal family lines

competing for the throne. In the system of "livery and

maintenance", if the retainer was harassed by the law or by

enemies, the lord gave him protection [maintenance].

In both wars, the musket was used as well as the long-bow. Cannon

were used to besiege castles and destroy their walls, so many

castles were allowed to deteriorate. The existence of cannon

also limited the usefulness of town walls for defense.

Barons and earls settled their disputes in the field rather than

in the royal courts. And men relied increasingly on the

protection of the great men of their neighborhood and less on

the King's courts for the safety of their lives and land. Local

men involved in court functions usually owed allegiance to a lord

which compromised the exercise of justice. Men serving in an

assize often lied to please their lord instead of telling the

truth. Lords maintained, supported, or promoted litigation with

money or aid supplied to one party to the detriment of justice.

It was not unusual for lords to attend court with a great force

of retainers behind them. Royal justices were flouted or bribed.

The King's writ was denied or perverted. For 6-8s., a lord could

have the King instruct his sheriff to impanel a jury which would

find in his favor. A statute against riots, forcible entries,

and, excepting the King, magnates' liveries of uniform, food,

and badges to their retainers, except in war outside the nation,

was passed, but was difficult to enforce because the offenders

were lords, who dominated the Parliament and the council.

Since the power of the throne changed from one faction to

another, many bills of attainder caused lords to lose their

lands to the King. Fighting between lords and gangs of ruffians

holding the roads, breaking into and seizing manor houses, and

openly committing murders continued. The roads were not safe.

People turned to mysticism to escape from the everyday violent

world. They had no religious enthusiasm, but believed in magic

and sorcery.

With men so often gone to fight, their wives managed the

household alone. The typical wife had maidens of equal class to

whom she taught household management, spinning, weaving, carding

wool with iron wool-combs, heckling flax, embroidery, and making

garments. There were foot-treadles for spinning wheels. She

taught the children. Each day she scheduled the activities of

the household including music, conversation, dancing, chess,

reading, playing ball, and gathering flowers. She organized

picnics, rode horseback and went hunting, hawking to get birds,

and rabbit-ferreting. She was nurse to all around her. If her

husband died, she usually continued in this role because most

men named their wives as executors of their wills with full

power to act as she thought best.

For ladies, close-fitting jackets came to be worn over

close-fitting long gowns with low, square-cut necklines and

flowing sleeves, under which was worn a girdle. All her hair was

confined by a hair net. Headdresses were very elaborate and

heavy, trailing streamers of linen. Some were in the shape of

hearts, butterflies, crescents, double horns, or long cones. Men

also were wearing hats rather than hoods. They wore huge hats of

velvet, fur, or leather. Their hair was cut into a cap-like

shape on their heads, and later was shoulder-length. They wore

doublets with thick padding over the shoulders or short tunics

over the trucks of their bodies and tightened at the waist to

emphasize the shoulders. Their collars were high. Their sleeves

were long concoctions of velvet, damask, and satin, sometimes

worn wrapped around their arms in layers. Their legs were

covered with hose, often in different colors. Shoes were pointed

with upward pikes at the toes. At another time, shoes were broad

with blunt toes. Both men and women wore much jewelry and

ornamentation.

Cooking and the serving of meals was also elaborate. There were

many courses of a variety of meats, fish, stews, and soups, with

a variety of spices. The standard number of meals was three:

breakfast, dinner, and supper. The diet of an ordinary family

such as that of a small shopholder or yeoman farmer included

beef, mutton, pork, a variety of fish, both fresh and salted,

venison, nuts, peas, oatmeal, honey, grapes, apples, pears, and

fresh vegetables. Cattle and sheep were driven from Wales to

English markets. This droving lasted for five centuries.

Many types of people besides the nobility and knights now had

property and thus were considered gentry: female lines of the

nobility, merchants and their sons, lawyers, auditors, squires,

and peasant-yeomen. The burgess grew rich as the knight dropped

lower. The great merchants lived in mansions which could occupy

whole blocks. Typically, there would be an oak-paneled great

hall, with adjoining kitchen, pantry, and buttery on one end and

a great parlor to receive guests, bedrooms, wardrobes, servants'

rooms, and a chapel on the other end or on a second floor. The

beds were surrounded by heavy draperies to keep out cold drafts.

Master and servants ceased to eat together in the same hall. In

towns these mansions were entered through a gate through a row

of shops on the street. A lesser dwelling would have these rooms

on three floors over a shop on the first floor. An average

Londoner would have a shop, a storeroom, a hall, a kitchen, and

a buttery on the first floor, and three bedrooms on the second

floor. Artisans and shopkeepers of more modest means lived in

rows of dwellings, each with a shop and small storage room on

the first floor, and a combination parlor-bedroom on the second

floor. The humblest residents crowded their shop and family into

one 6 by 10 foot room for rent of a few shillings a year. All

except the last would also have a small garden. The best gardens

had a fruit tree, herbs, flowers, a well, and a privy. There

were common and public privies for those without their own.

Kitchen slops and casual refuse continued to be thrown into the

street. Floors of stone or planks were strewn with rushes. There

was some tile flooring. Most dwellings had glass windows. Candles

were used for lighting at night. Torches and oil-burning

lanterns were portable lights. Furnishings were still sparse.

Men sat on benches or joint stools and women sat on cushions on

the floor. Hall and parlor had a table and benches and perhaps

one chair. Bedrooms had a curtained bed and a chest. On the

feather bed were pillows, blankets, and sheets. Better homes had

wall hanging and cupboards displaying plate. Laundresses washed

clothes in the streams, rivers, and public conduits. Country

peasants still lived in wood, straw, and mud huts with earth

floors and a smoky hearth in the center or a kitchen area under

the eaves of the hut.

In 1442, bricks began to be manufactured in the nation and so

there was more use of bricks in buildings. Chimneys were

introduced into manor houses where stone had been too expensive.

This was necessary if a second floor was added, so the smoke

would not damage the floor above it and would eventually go out

of the house.

Nobles and their retinue moved from manor to manor, as they had

for centuries, to keep watch upon their lands and to consume the

produce thereof; it was easier to bring the household to the

estate than to transport the yield of the estate to the

household. Also, at regular intervals sewage had to be removed

from the cellar pits.

Jousting tournaments were held for entertainment purposes only

and were followed by banquets of several courses of food served

on dishes of gold, silver, pewter, or wood on a linen cloth

covering the table. Hands were washed before and after the meal.

People washed their faces every morning after getting up. Teeth

were cleaned with powders. Fragrant leaves were chewed for bad

breath. Garlic was used for indigestion and other ailments. Feet

were rubbed with salt and vinegar to remove calluses. Good

manners included not slumping against a post, fidgeting,

sticking one's finger into one's nose, putting one's hands into

one's hose to scratch the privy parts, spitting over the table

or too far, licking one's plate, picking one's teeth, breathing

stinking breath into the face of the lord, blowing on one's

food, stuffing masses of bread into one's mouth, scratching

one's head, loosening one's girdle to belch, and probing one's

teeth with a knife.

Fishing and hunting were reserved for the nobility rather than

just the King.

As many lords became less wealthy because of the cost of war,

some peasants, villein and free, became prosperous, especially

those who also worked at a craft, e.g. butchers, bakers, smiths,

shoemakers, tailors, carpenters, and clothworkers.

An agricultural slump caused poorer soils to fall back into

waste. The better soils were leased by peasants, who, with their

families, were in a better position to farm it than a great

lord, who found it hard to hire laborers at a reasonable cost.

Further, peasants' sheep, hens, pigs, ducks, goats, cattle,

bees, and crop made them almost self-sufficient in foodstuffs.

They lived in a huddle of cottages, pastured their animals on

common land, and used common meadows for hay-making. They

subsisted mainly on boiled bacon, an occasional chicken, worts

and beans grown in the cottage garden, and cereals. They wore

fine wool cloth in all their apparel. Brimless hats were

replacing hoods. They had an abundance of bed coverings in their

houses. And they had more free time. Village entertainment

included traveling jesters, acrobats, musicians, and bear-

baiter. Playing games and gambling were popular pastimes.

Most villeins were now being called "customary tenants" or

"copy-holders" of land because they held their acres by a copy

of the court-roll of the manor, which listed the number of

teams, the fines, the reliefs, and the services due to the lord

for each landholder. The Chancery court interpreted many of these

documents to include rights of inheritance. The common law courts

followed the lead of the Chancery and held that copyhold land

could be inherited as was land at common law. Evictions by lords

decreased.

The difference between villein and free man lessened but

landlords usually still had profits of villein bondage, such as

heriot, merchet, and chevage.

A class of laborers was arising who depended entirely on the

wages of industry for their subsistence. The cloth workers in

rural areas were isolated and weak and often at the mercy of

middle-men for employment and the amount of their wages.

Rural laborers went to towns to seek employment in the new

industries. They would work at first for any rate. This deepened

the cleavage of the classes in the towns.

The townspeople did not take part in the fighting of the War of

the Roses. Many boroughs sought and obtained formal

incorporation with perpetual existence, the right to sue and be

sued in their own name. Often, a borough would have its own

resident Justice of the Peace. Each incorporation involved a

review by a Justice of the Peace to make sure the charter of

incorporation rule didn't conflict with the law of the nation.

Henry IV granted the first charter of incorporation. A borough

typically had a mayor accompanied by his personal sword-bearer

and serjeants-at-mace bearing the borough regalia, bailiffs, a

sheriff, and chamberlains or a steward for financial

assistance. At many boroughs, aldermen, assisted by their

constables, kept the peace in their separate wards. There might

be coroners, a recorder, and a town clerk, with a host of lesser

officials including beadles, aletasters, sealers, searchers

[inspectors], weighers and keepers of the market, ferrymen and

porters, clock-keepers and criers, paviors [maintained the

roads], scavengers and other street cleaners, gatekeepers and

watchmen of several ranks and kinds. A wealthy borough would have

a chaplain and two or three minstrels.

In all towns, the wealthiest and most influential guilds were the

merchant traders of mercers, drapers, grocers, and goldsmiths.

From their ranks came most of the mayors. Next came the

shopholders of skinners, tailors, ironmongers, and corvisors

[shoemakers]. Thirdly came the humbler artisans, the sellers of

victuals, small shopkeepers, apprentices, and journeymen on the

rise. Lastly came unskilled laborers, who lived in crowded

tenements and hired themselves out. The first three groups were

the free men who voted, paid the scot and lot, and belonged to

guilds.

In the towns, many married women had independent businesses and

wives also played an active part in the businesses of their

husbands. Wives of well-to-do London merchants embroidered,

sewed jewelry onto clothes, and made silk garments. Widows often

continued in their husband's businesses, such as managing a

large import-export trade, tailoring, brewing, and metal shop.

Socially lower women often ran their own breweries, bakeries,

and taverns. It was possible for wives to be free burgesses in

their own right in some towns.

Some ladies were patrons of writers. Some women were active in

prison reform in matters of reviews to insure that no man was in

jail without due cause, overcharges for bed and board,

brutality, and regulation of prisoners being placed in irons.

Many men and women left money in their wills for food and

clothing for prisoners.

There was much overlapping in the two forms of association: the

craft guild and the religious fraternity.

Paved roads in towns were usually gravel and sometimes cobble.

They were frequently muddy because of rain and spillage of water

being carried. Iron-shod wheels and overloaded carts made them

very uneven. London was the first town with paviors. They

repaired and cleaned the streets. Pot-holes were usually just

filled up with wood chips and compacted with hand rams. They were

organized as a city company in 1479. About 1482, towns besides

London began appointing salaried road paviors to repair roads

and collect their expenses from the householders because the

policy of placing the burden on individual householders didn't

work well. London streets were lighted at night by public

lanterns, under the direction of the mayor. There were

fire-engines composed of a circular cistern with a pump and six

feet of inflexible hose on wheels pulled by two men on one end

and pushed by two men on the other end.

The King granted London all common soils, improvements, wastes,

streets, and ways in London and in the adjacent waters of the

Thames River and all the profits and rents to be derived

therefrom. Later the King granted London the liberty to purchase

lands and tenements worth up to 2,667 s. yearly. Each ward

nominated two men for alderman, the final choice being made by

the mayor and the other aldermen.

There were many craft guilds. In fact, every trade of twenty men

had its own guild. The guild secured good work for its members

and the members maintained the reputation of the work standards

of the guild. Bad work was punished and night work prohibited as

leading to bad work. The guild exercised moral control over its

members and provided sickness and death benefits for them.

Apprentices were taken in to assure an adequate supply of

competent workers for the future. When these apprentices had

enough training they were made journeymen with a higher rate of

pay. Journeymen traveled to see the work of their craft in other

towns. Those journeymen rising to master had the highest pay

rate.

But the guilds were being replaced by associations for the

investment of capital. In associations, journeymen were losing

their chance of rising to be a master. Competition among

associations was starting to supplant custom as the mainspring

of trade.

The Merchant Adventurers was chartered in 1407. A share in the

ownership of one of their vessels was a common form of

investment by prosperous merchants. By 1450, they were dealing

in linen cloths, buckrams [a stiffened, coarse cloth], fustians

[coarse cloth made of cotton threads going in one direction and

linen threads the other], satins, jewels, fine woolen and linen

wares, threads, drugs, wood, oil, wine, salt, copper, and iron.

They began to replace trade by alien traders. (The history of

the "Merchant Adventurers" was associated with the growth of the

mercantile system for more than 300 years. It eventually replaced

the staples system.)

In London, shopkeepers appealed to passers-by to buy their goods,

sometimes even seizing people by the sleeve. The drapers had

several roomy shops containing shelves piled with cloths of all

colors and grades, tapestries, pillows, and 'bankers and

dorsers' to soften hard wooden benches. A rear storeroom held

more cloth for import or export. Many shops of skinners were on

Fur Row. There were shops of leather-sellers, hosiers, gold and

silver cups, and silks. At the Stocks Market were fishmongers,

butchers, and poulterers. The Fishmongers were incorporated in

1433, the Cordwainers in 1439, and the Pewterers in 1468. London

grocers imported spices, canvas, ropery, drugs, unguents, soap,

confections, garlic, cabbages, onions, apples, oranges, almonds,

figs, dates, raisins, dye- stuffs, woad, madder, scarlet grains,

saffron, iron, and steel. They were retailers as well as

wholesalers and had shops selling honey, licorice, salt,

vinegar, rice, sugar loaves, syrups, spices, garden seeds, dyes,

alum, soap, brimstone, paper, varnish, canvas, rope, musk,

incense, treacle of Genoa, and mercury. The Grocers did some

money-lending, usually at 12% interest. The guilds did not

restrict themselves to dealing in the goods for which they had a

right of inspection, and so many dealt in wine that it was a

medium of exchange. There was no sharp distinction between

retail and wholesale trading.

Grocers sold herbs for medicinal as well as eating purposes.

Breadcarts sold penny wheat loaves. Foreigners set up stalls on

certain days of the week to sell meat, canvas, linen, cloth,

ironmongery, and lead. There were great houses, churches,

monasteries, inns, guildhalls, warehouses, and the King's Beam

for weighing wool to be exported. The Mercers and Goldsmiths

were in the prosperous part of town. The Goldsmiths' shops sold

gold and silver plate, jewels, rings, water pitchers, drinking

goblets, basins to hold water for the hands, and covered

saltcellars. The grain market was on Cornhill. Halfway up the

street, there was a supply of water which had been brought up in

pipes. On the top was a cage where riotous folk had been

incarcerated by the night watch and the stocks and pillory,

where fraudulent schemers were exposed to ridicule.

Outside the London city walls were tenements, Smithfield cattle

market, Westminster Hall, green fields of crops, and some marsh

land.

On the Thames River to London were large ships with cargos; small

boats rowed by tough boatmen offering passage for a penny; small

private barges of great men with carved wood, gay banners, and

oarsmen with velvet gowns; the banks covered with masts and

tackle; the nineteen arch London Bridge supporting a street of

shops and houses and a drawbridge in the middle; quays;

warehouses, and great cranes lifting bales from ship to wharf.

Merchant guilds which imported or exported each had their own

wharves and warehouses. Downstream, pirates hung on gallows at

the low-water mark to remain until three tides had overflowed

their bodies.

The large scale of London trade promoted the specialization of

the manufacturer versus the merchant versus the shipper.

Merchants had enough wealth to make loans to the government or

for new commercial enterprises. Some London merchants were

knighted by the King. Many bought country estates and turned

themselves into gentry.

In schools, there was a renaissance of learning from original

sources of knowledge written in Greek and rebirth of the Greek

pursuit of the truth and scientific spirit of inquiry. There was

a striking increase in the number of schools founded by wealthy

merchants or town guilds. Merchants tended to send their sons to

private boarding schools, instead of having them tutored at home

as did the nobility. Well-to-do parents still sent sons to live

in the house of some noble to serve them as pages in return for

being educated with the noble's son by the household priest.

They often wore their master's coat of arms and became their

squires as part of their knightly education. At the universities,

the bachelor's degree came into existence to denote a preliminary

stage in the course of becoming a master.

The book "Sir Gawain and the Green Knight" was written about an

incident in the court of King Arthur and Queen Guenevere in

which a green knight challenges Arthur's knights to live up to

their reputation for valor and awesome deeds. The knight Gawain

answers the challenge, but is shown that he could be false and

cowardly when death seemed to be imminent. Thereafter, he wears a

green girdle around his waist to remind him not to be proud.

Other literature read included "London Lickpenny", a satire on

London and its expensive services and products, "Fall of

Princes" by John Lydgate, social history by Thomas Hoccleve,

"The King is Quair"" by King James I of Scotland about how he

fell in love, "The Cuckoo and the Nightengale", and "The Flower

and Leaf" on morality as secular common sense. Chaucer, Cicero,

and Ovid were widely read. Malory's new version of the Arthurian

stories was popular. Margery Kempe wrote the first true

autobiography. She was a woman who had a normal married life

with children, but one day had visions and voices which led her

to leave her husband to take up a life of wandering and praying

in holy possession. The common people developed ballads, e.g.

about their love of the forest, their wish to hunt, and their

hatred of the forest laws.

About 30% of the people could read English. Books were bought in

London in such quantities by 1403 that the organization of

text-letter writers, book-binders, and book sellers was

sanctioned by ordinance. "Unto the honorable lords, and wise,

the mayor and aldermen of the city of London, pray very humbly

all the good folks, freemen of the said city, of the trades of

writers of text-letter, limners [illuminator of books], and

other folks of London who are wont to bind and to sell books,

that it may please your great sagenesses to grant unto them that

they may elect yearly two reputable men, the one a limner, the

other a text-writer, to be wardens of the said trades, and that

the names of the wardens so elected may be presented each year

before the mayor for the time being, and they be there sworn

well and diligently to oversee that good rule and governance is

had and exercised by all folks of the same trades in all works

unto the said trades pertaining, to the praise and good fame of

the loyal good men of the said trades and to the shame and blame

of the bad and disloyal men of the same. And that the same

wardens may call together all the men of the said trades

honorably and peacefully when need shall be, as well for the

good rule and governance of the said city as of the trades

aforesaid. And that the same wardens, in performing their due

office, may present from time to time all the defaults of the

said bad and disloyal men to the chamberlain at the Guildhall for

the time being, to the end that the same may there, according to

the wise and prudent discretion of the governors of the said

city, be corrected, punished, and duly redressed. And that all

who are rebellious against the said wardens as to the survey and

good rule of the same trades may be punished according to the

general ordinance made as to rebellious persons in trades of the

said city [fines and imprisonment]. And that it may please you

to command that this petition, by your sagenesses granted, may

be entered of record for time to come, for the love of God and

as a work of charity."

The printing press was brought to London in 1476 by a mercer:

William Caxton. It supplemented the text-writer and monastic

copyist. It was a wood and iron frame with a mounted platform on

which were placed small metal frames into which words with small

letters of lead had been set up. Each line of text had to be

carried from the type case to the press. Beside the press were

pots filled with ink and inking balls. When enough lines of type

to make a page had been assembled on the press, the balls would

be dipped in ink and drawn over the type. Then a sheet of paper

would be placed on the form and a lever pulled to press the paper

against the type. Linen usually replaced the more expensive

parchment for the book pages.

The printing press made books more accessible to all literate

people. Caxton printed major English texts and some translations

from French and Latin. He commended different books to various

kinds of readers, for instance, for gentlemen who understand

gentleness and science, or for ladies and gentlewomen, or to all

good folk. There were many cook books in use. There were

eyeglasses to correct near-sightedness.

Old-established London families began to choose the law as a

profession for their sons, in preference to an apprenticeship in

trade. Many borough burgesses in Parliament were lawyers.

Many carols were sung at the Christian festival of Christmas.

Ballads were sung on many features of social life of this age of

disorder, hatred of sheriffs, but faith in the King. The legend

of Robin Hood was popular. Town miracle plays on leading

incidents of the Bible and morality plays were popular. Vintners

portrayed the miracle of Cana where water was turned into wine

and Goldsmiths ornately dressed the three Kings coming from the

east. Short pantomimes and disguising, forerunners of costume

parties, were good recreation. Games of cards became popular as

soon as cards were introduced. The king, queen, and jack were

dressed in contemporary clothes. Men bowled, kicked footballs,

and played tennis. May Day was celebrated with crowns and

garlands of spring flowers. The village May Day pageant was

often presided over by Robin Hood and Maid Marion.

The church was engendering more disrespect. Monks and nuns had

long ago resigned spiritual leadership to the friars; now the

friars too lost much of their good fame. The monks got used to

life with many servants such as cooks, butlers, bakers, brewers,

barbers, laundresses, tailors, carpenters, and farm hands. The

austerity of their diet had vanished. The schedule of divine

services was no longer followed by many and the fostering of

learning was abandoned. Into monasteries drifted the lazy and

miserable. Nunneries had become aristocratic boarding houses.

The practice of taking sanctuary was abused; criminals and

debtors sought it and were allowed to overstay the 40-day

restriction and to leave at night to commit robberies. People

turned to the writing of mystics, such as "Scale of Perfection"

and "Cloud of Unknowing", the latter describing how one may

better know God.

People relied on saint's days as reference points in the year,

because they did not know dates of the year. But townspeople

knew the hour and minute of each day, because mechanical clocks

were in all towns and in the halls of the well- to-do. This

increased the sense of punctuality and higher standards of

efficiency.

Important news was announced and spread by word of mouth in

market squares and sometimes in churches. As usual, traders

provided one of the best sources of news; they maintained an

informal network of speedy messengers and accurate reports

because political changes so affected their ventures.

A royal post service was established by relays of mounted

messengers. The first route was between London and the Scottish

border, where there were frequent battles for land between the

Scotch and English.

The inland roads from town to town were still rough and without

signs. A horseman could make up to 40 miles a day. Common

carriers took passengers and parcels from various towns to

London on scheduled journeys. Now the common yeoman could order

goods from the London market, communicate readily with friends

in London, and receive news of the world frequently. Trade with

London was so great and the common carrier so efficient in

transporting goods that the medieval fair began to decline.

First the Grocers and then the Mercers refused to allow their

members to sell goods at fairs. There was much highway robbery.

Most goods were still transported by boats along the coasts,

with trading at the ports.

Embroidery was exported. Imported were timber, pitch, tar, potash

[for cloth- dying], furs, silk, satin, gold cloth, damask cloth,

furred gowns, gems, fruit, spices, and sugar. Imports were

restricted by national policy for the purpose of protecting

native industries.

English single-masted ships began to be replaced by two or three

masted ships with high pointed bows to resist waves and sails

enabling the ship to sail closer to the wind. 200 tuns was the

usual carrying capacity. The increase in trade made piracy, even

by merchants, profitable and frequent until merchant vessels

began sailing in groups for their mutual protection. The

astrolabe was used for navigation by the stars.

Consuls were appointed to assist English traders abroad.

Henry IV appointed the first admiral of the entire nation and

resolved to create a national fleet of warships instead of using

merchant ships. In 1417, the war navy had 27 ships. In 1421,

Portsmouth was fortified as a naval base.

For defense of the nation, especially the safeguard of the seas,

Parliament allotted the King for life, 3s. for every tun of wine

imported and an additional 3s. for every tun of sweet wine

imported.

The most common ailments were eye problems, aching teeth,

festering ears, joint swelling and sudden paralysis of the

bowels. Epidemics broke out occasionally in the towns in the

summers. Leprosy disappeared.

Hospitals were supported by a tax of the King levied on nearby

counties. The walls, ditches, gutters, sewers, and bridges on

waterways and the coast were kept in repair by laborers hired by

commissions appointed by the Chancellor. Those who benefited

from these waterways were taxed for the repairs in proportion to

their use thereof.

Alabaster was sculptured into tombs surmounted with a recumbent

effigy of the deceased, and effigies of mourners on the sides.

Few townsmen choose to face death alone and planned memorial

masses to be sung to lift his soul beyond Purgatory. Chantries

were built by wealthy men for this purpose.

Gold was minted into coins: noble, half noble, and farthing.

The commons gained much power in Parliament under Henry IV

because he needed so much taxes that the commons had a hold over

him. Also, as a usurper King, he did not carry the natural

authority of a King. The lords who helped his usurpation felt

they should share the natural power of the kingship. Also, the

commons gained power compared to the nobility because many

nobles had died in war. Shakespeare's histories deal with this

era. The Commons now has a speaker.

The Commons established an exclusive right to originate all money

grants to the King in 1407. The commons announced its money

grant only on the last day of the parliamentary session, after

the answers to its petitions had been declared. It tied its

grants by rule rather than just practice to certain

appropriations. For instance, tonnage and poundage were

appropriated for naval defenses. Wool customs went to the

maintenance of Calais, a port on the continent, and defense of

the nation. It also put the petitions in statutory form, called

"bills", to be enacted without alteration. It forced the King's

council appointees to be approved by Parliament, and auditors to

be appointed to audit the King's account to ensure past grants

had been spent according to their purpose.

This was the first encroachment on the King's right to summon,

prorogue, or dismiss a Parliament at his pleasure, determine an

agenda of Parliament, veto or amend its bills, exercise his

discretion as to which lords he summoned to Parliament, and

create new peers by letters patent [official public letters].

The King lost Parliamentary power. The magnates asserted that

their attendance at one Parliament established a hereditary

right to attend the others. The consent of the Commons to

legislation became so usual that the judges declared that it was

necessary. In 1426, the retainers of the barons in Parliament

were forbidden to bear arms, so they appeared with clubs on

their shoulders. The clubs were forbidden and they brought in

stones concealed in their clothing.

The authority of the King's privy seal had become a great office

of state which transmitted the King's wishes to the Chancery and

Exchequer, rather than the King's personal instrument for

sealing documents. Now the King used a signet kept by his

secretary as his personal seal. The position of secretary rose in

power under Edward IV.

King Edward IV introduced an elaborate spy system, the use of the

rack to torture people to confess, and other interferences with

justice, all of which the Tudors later used.

King Richard III prohibited the seizure of goods before

conviction of felony. He also liberated the unfree villeins on

royal estates.

It was declared under Parliamentary authority that there was a

preference for the Crown to pass to a King's eldest son, and to

his male issue after him. Formerly, a man could ascend to the

throne through his female ancestry as well.

The Law

The forcible entry statute is expanded to include peaceful entry

with forcible holding afterwards and to forcible holding with

departure before the justices arrived. Penalties are triple

damages, fine, and ransom to the King. A forceful possession

lasting three years is exempt.

Women of age fourteen or over shall have livery of their lands

and tenements by inheritance without question or difficulty.

Purposely cutting out another's tongue or putting out another's

eyes is a felony [penalty of loss of all property].

No one may keep swans unless he has lands and tenements of the

estate of freehold to a yearly value of 67s., because swans of

the King, lords, knights, and esquires have been stolen by

yeomen and husbandmen.

The wage ceiling for servants is: bailiff of agriculture 23s.4d.

per year, and clothing up to 5s., with meat and drink; chief

peasant, a carter, chief shepherd 20s. and clothing up to 4s.,

with meat and drink; common servant of agriculture 15s., and

clothing up to 3s.4d.; woman servant 10s., and clothing up to

4s., with meat and drink; infant under fourteen years 6s., and

clothing up to 3s., with meat and drink. Such as deserve less or

where there is a custom of less, that lesser amount shall be

given.

For laborers at harvest time: mower 4d. with meat and drink or

6d. without; reaper or carter: 3d. with or 5d. without; woman

laborer and other laborers: 2d with and 4d. without.

The ceiling wage rate for craftsmen per day is: free mason or

master carpenter 4d. with meat & drink or 5d. without; master

tiler or slater, rough mason, and mesne carpenter and other

artificiers in building 3d. with meat and drink or 4d. without;

every other laborer 2d. with meat and drink or 3d. without. In

winter the respective wages were less: mason category: 3d. with

or 4d. without; master tiler category: 2d. with or 4d. without;

others: 1d. with or 3d. without meat and drink.

Any servant of agriculture who is serving a term with a master

and covenants to serve another man at the end of this term and

that other man shall notify the master by the middle of his term

so he can get a replacement worker. Otherwise, the servant shall

continue to serve the first master.

No man or woman may put their son or daughter to serve as an

apprentice in a craft within any borough, but may send the child

to school, unless he or she has land or rent to the value of

20s. per year. [because of scarcity of laborers and other

servants of agriculture]

No laborer may be hired by the week.

Masons may no longer congregate yearly, because it has led to

violation of the statute of laborers.

No games may be played by laborers because they lead to murders

and robberies.

Apparel worn must be appropriate to one's status to preserve the

industry of agriculture. The following list of classes shows the

lowest class, which could wear certain apparel:

1. Lords - gold cloth, gold corses, sable fur, purple silk

2. Knights - velvet, branched satin, ermine fur

3. Esquires and gentlemen with possessions to the value of 800

s. per year, daughters of a person who has possessions to the

value of 2,000s. a year - damask, silk, kerchiefs up to 5s. in

value.

4. Esquires and gentlemen with possessions to the yearly value

of 800s. 40 pounds - fur of martron or letuse, gold or silver

girdles, silk corse not made in the nation, kerchief up to 3s.4d

in value

5. Men with possessions of the yearly value of 40s. excluding

the above three classes - fustian, bustian, scarlet cloth in

grain

6. Men with possessions under the yearly value of 40s. excluding

the first three classes - black or white lamb fur, stuffing of

wool, cotton, or cadas.

7. Yeomen - cloth up to the value of 2s., hose up to the value

of 14s., a girdle with silver, kerchief up to 12d.

8. Servants of agriculture, laborer, servant, country craftsman

- none of the above clothes

Gowns and jackets must cover the entire trunk of the body,

including the private parts. Shoes may not have pikes over two

inches.

Every town shall have at its cost a common balance with weights

according to the standard of the Exchequer. All citizens may

weigh goods for free. All cloth to be sold shall be sealed

according to this measure.

There is a standard bushel of grain throughout the nation.

There are standard measures for plain tile, roof tile, and gutter

tile throughout the nation.

No gold or silver may be taken out of the nation.

The price of silver is fixed at 30s. for a pound, to increase the

value of silver coinage, which has become scarce due to its

higher value when in plate or masse.

A designee of the King will inspect and seal cloth with lead to

prevent deceit. Cloth may not be tacked together before

inspection. No cloth may be sold until sealed.

Heads of arrows shall be hardened at the points with steel and

marked with the mark of the arrowsmith who made it, so they are

not faulty.

Shoemakers and cordwainers may tan their leather, but all leather

must be inspected and marked by a town official before it is

sold.

Cordwainers shall not tan leather [to prevent deceitful tanning].

Tanners who make a notorious default in leather which is found

by a cordwainer shall make a forfeiture.

Defective embroidery for sale shall be forfeited.

No fishing net may be fastened or tacked to posts, boats, or

anchors, but may be used by hand, so that fish are preserved and

vessels may pass.

No one may import any articles which could be made in the nation,

including silks, bows, woolen cloths, iron and hardware goods,

harness and saddlery, and excepting printed books.

The following merchandise shall not be brought into the nation

already wrought: woolen cloth or caps, silk laces, ribbons,

fringes, and embroidery, gold laces, saddles, stirrups,

harnesses, spurs, bridles, gridirons, locks, hammers, fire

tongs, dripping pans, dice, tennis balls, points, purses, gloves,

girdles, harness for girdles of iron steel or of tin, any thing

wrought of any treated leather, towed furs, shoes, galoshes,

corks, knives, daggers, woodknives, thick blunt needles, sheers

for tailors, scissors, razors, sheaths, playing cards, pins,

pattens [wooden shoes on iron supports worn in wet weather], pack

needles, painted ware, forcers, caskets, rings of copper or of

gilt sheet metal, chaffing dishes, hanging candlesticks,

chaffing balls, Mass bells, rings for curtains, ladles,

skimmers, counterfeit felt hat moulds, water pitchers with wide

spouts, hats, brushes, cards for wool, white iron wire, upon

pain of their forfeiture. One half this forfeiture goes to the

King and the other half to the person seizing the wares.

No sheep may be exported, because being shorn elsewhere would

deprive the King of customs.

No wheat, rye, or barley may be imported unless the prices are

such that national agriculture is not hurt.

Clothmakers must pay their laborers, such as carders and

spinsters, in current coin and not in pins and girdles and the

like.

The term "freemen" in the Magna Carta includes women.

The election of a knight from a shire to go to Parliament shall

be proclaimed by the sheriff in the full county so all may

attend and none shall be commanded to do something else at that

time. Election results will be sealed and sent to Parliament.

To be elected to Parliament, a knight must reside in the county

and have free land or tenements to the value of 40s. per year,

because participation in elections of too many people of little

substance or worth had led to homicides, assaults, and feuds.

(These "yeomen" were about one sixth of the population. Most

former voters and every leaseholder and every copyholder were

excluded. The requirement lasted for 400 years.)

London ordinances forbade placing rubbish or dung in the Thames

River or any town ditch or casting water or anything else out of

a window. The roads were maintained with tolls on carts and

horses bringing victuals or grains into the city and on

merchandise unloaded from ships at the port. No carter shall

drive his cart more quickly when it is unloaded than when it is

loaded. No pie bakers shall sell beef pies as venison pies, or

make any meat pie with entrails. To assist the poor, bread and

ale shall be sold by the farthing.

Desertion by a soldier is penalized by forfeiture of all land and

property.

The common law held that a bailee is entitled to possession

against all persons except the owner of the bailed property.

Former judge Sir Thomas Littleton wrote a legal textbook

describing tenancies in dower; the tenures of socage, knight's

service, serjeanty, and burgage; estates in fee simple, fee

tail, and fee conditional. For instance, "Also, if feoffment be

made upon such condition, that if the feoffor pay to the feofee

at a certain day, etc., 800s. forty pounds of money, that then

the feoffor may re-enter, etc., in this case the feoffee is

called tenant in mortgage, ... and if he doth not pay, then the

land which he puts in pledge upon condition for the payment of

the money is gone from him for ever, and so dead as to the

tenant, etc."

Joint tenants are distinguished from tenants in common by

Littleton thus: "Joint-tenants are, as if a man be seised of

certain lands or tenements, etc., and thereof enfeoffeth two, or

three, or four, or more, to have and to hold to them (and to

their heirs, or letteth to them) for term of their lives, or for

term of another's life; by force of which feoffment or lease they

are seised, such are joint-tenants. ... And it is to be

understood, that the nature of joint-tenancy is, that he that

surviveth shall have solely the entire tenancy, according to

such estate as he hath, ..." "Tenants in common are they that

have lands or tenements in fee-simple, fee-tail, or for term of

life, etc., the which have such lands and tenements by several

title, and not by joint title, and neither of them knoweth

thereof his severalty, but they ought by the law to occupy such

lands or tenements in common pro indiviso, to take the profits in

common. ...As if a man enfeoff two joint-tenants in fee, and the

one of them alien that which to him belongeth to another in fee,

now the other joint-tenant and the alienee are tenants in

common, because they are in such tenements by several titles,

..."

Judicial Procedure

People took grievances outside the confines of the rigid common

law to the Chancellor, who could give equitable remedies under

authority of a statute of 1285 (described in Chapter 8). The

Chancery heard many cases of breach of faith in the "use", a

form of trust in which three parties were involved: the holder

of land, feofees to whom the holder had made it over by

conveyance or "bargain and sale", and the beneficiary or

receiver of the profits of the land, who was often the holder,

his children, relatives, friends, an institution, or a

corporation. This system of using land had been created by the

friars to get around the prohibition against holding property.

Lords and gentry quickly adopted it. The advantages of the use

were that 1) there was no legal restriction to will away the

beneficial interest of the use although the land itself could

not be conveyed by will; 2) it was hard for the King to collect

feudal incidents because the feoffees were often unknown 3) the

original holder was protected from forfeiture of his land in

case of conviction of treason if the Crown went to someone he

had not supported. Chancery gave a remedy for dishonest or

defaulting feofees.

Chancery also provided the equitable relief of specific

performance in disputes over agreements, for instance,

conveyance of certain land, whereas the common law courts

awarded only monetary damages by the writ of covenant.

Chancery ordered accounts to be made in matters of foreign trade

because the common law courts were limited to accounts pursuant

to transactions made within the nation. It also involved itself

in the administration of assets and accounting of partners to

each other.

The Chancellor took jurisdiction of cases of debt, detinue, and

account which had been decided in other courts with oathhelping

by the defendant. He did not trust the reliance on friends of

the defendant swearing that his statement made in his defense

was true. An important evidentiary difference between procedures

of the Chancery and the common law courts was that the Chancellor

could orally question the plaintiff and the defendant under

oath. He also could order persons to appear at his court by

subpoena [under pain of punishment, such as a heavy fine].

Whereas the characteristic award of the common law courts was

seisin of land or monetary damages, Chancery often enjoined

certain action. Because malicious suits were a problem, the

Chancery identified such suits and issued injunctions against

taking them to any court.

The Chancery was given jurisdiction by statute over men of great

power taking by force women who had lands and tenements or goods

and not setting them free unless they bound themselves to pay

great sums to the offenders or to marry them. A statute also

gave Chancery jurisdiction over servants taking their masters'

goods at his death.

Justices of the Peace, appointed by the Crown, investigated all

riots and arrested rioters, by authority of statute. If they had

departed, the Justices certified the case to the King. The case

was then set for trial first before the King and his council and

then at the King's Bench. If the suspected rioters did not

appear at either trial, they could be convicted for default of

appearance. If a riot was not investigated and the rioters

sought, the Justice of the Peace nearest forfeited 2,000s.

Justices of the peace were not paid and need not have a legal

background. For complex cases and criminal cases with defendants

of high social status, they deferred to the Justices of Assize,

who rode on circuit once or twice a year.

Manor courts still formally admitted new tenants, registered

titles, sales of land and exchanges of land, and commutation of

services, enrolled leases and rules of succession, settled

boundary disputes, and regulated the village agriculture.

All attorneys shall be examined by the royal judges for their

learnedness in the law and, at their discretion, those that are

good and virtuous shall be received to make any suit in any

royal court. The attorneys shall be sworn to serve well and

truly in their offices.

Attorneys may plead on behalf of parties in the hundred courts.

A qualification for jurors was to have an estate to one's own use

or one of whom other persons have estates of fee simple, fee

tail, freehold in lands and tenements, or freehold, which was at

least 40s. per year in value. In a plea of land worth at least

40s. yearly or a personal plea with relief sought at least

800s., jurors had to have land in the bailiwick to the value of

at least 400s., because perjury was considered less likely in

the more sufficient men.

Jurors were separated from witnesses.

Justices of the Peace were to have lands worth 267s. yearly,

because those with less used the office for extortion and lost

the respect and obedience of the people.

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

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

bailiwick. The sheriff could be sued for misfeasance such as

bribery in the King's court.

Court of "Pie Powder" [French pie poudre: dust on the feet] were

established at the great fairs to decide conflicts of commercial

law there.

Our Legal Heritage: The First Thousand Years: 600 - 1600 King Aethelbert - Queen Elizabeth · 第 10 / 14 章