The Times: 1154-1215
King Henry II and Queen Eleanor, who was twelve years older,
were both intelligent, educated, energetic, well-traveled, and
experienced in affairs of state. Henry was the first Norman king to be
fully literate and he learned Latin. He had many books and maintained a
school. Eleanor often served as regent during Henry's reign and the
reigns of their two sons: Richard I, the Lion- Hearted, and John. She
herself headed armies. Henry II was a modest, courteous, and patient
man with an astonishing memory and strong personality. He was
indifferent to rank and impatient of pomp to the point of being
careless about his appearance. He usually dressed in riding clothes and
was often unkempt. He was thrifty, but generous to the poor. He was an
outstanding legislator and administrator.
Henry II took the same coronation oath as Edward the Confessor
regarding the church, laws, and justice. Not only did he confirm the
charter of his grandfather Henry I, but he revived and augmented the
laws and institutions of his grandfather and developed them to a new
perfection. Almost all legal and fiscal institutions appear in their
first effective form during his reign. For instance, he
institutionalized the assize for a specific function in judicial
proceedings, whereas before it had been an ad hoc body used for various
purposes. The term "assize" here means the sitting of a court or
council. It came to denote the decisions, enactments, or instructions
made at such.
Henry's government practiced a strict economy and he never
exploited the growing wealth of the nation. He abhorred bloodshed and
the sacrifice of men's lives. So he strove diligently to keep the
peace, when possible by gifts of money, but otherwise with armed force.
Robbers were hanged and any man who raped a woman was castrated.
Foreign merchants with precious goods could journey safely through the
land from fair to fair. These fairs were usually held in the early
fall, after harvesting and sheep shearing. Foreign merchants bought
wool cloth and hides. Frankpledge was revived, now applying to the
unfree and villeins. No stranger could stay overnight (except for one
night in a borough), unless sureties were given for his good behavior.
A list of such strangers was to be given to itinerant justices.
Henry had character and the foresight to build up a centralized
system of government that would survive him. He learned about the
counties' and villages' varying laws and customs. Then, using the model
of Roman law, he gave to English institutions that unity and system
which in their casual patchwork development had been lacking. Henry's
government and courts forged permanent direct links between the king
and his subjects which cut through the feudal structure of lords and
vassals.
He developed the methods and structure of government so that
there was a great increase in the scope of administrative activity
without a concurrent increase of personal power of the officials who
discharged it. The government was self-regulating, with methods of
accounting and control which meant that no official, however exalted,
could entirely escape the surveillance of his colleagues and the King.
At the same time, administrative and judicial procedures were perfected
so that much which had previously required the King's personal
attention was reduced to routine.
The royal household translated the royal will into action. In
the early 1100s, there had been very little machinery of central
government that was not closely associated with the royal household.
There was a Chief Justiciar for legal matters and a Treasurer. Royal
government was largely built upon what had once been purely domestic
offices. Kings had called upon their chaplains to pen letters for them.
By Henry II's reign, the Chancery was a highly efficient writing office
through which the King's will was expressed in a flow of writs, and the
Chancellor an important and highly rewarded official, but he was still
responsible for organizing the services in the royal chapel. Similarly,
the chamberlains ran the household's financial departments. They
arranged to have money brought in from a convenient castle treasury,
collected money from sheriffs or the King's debtors, arranged loans
with the usurers, and supervised the spending of it. It was spent for
daily domestic needs, the King's almsgiving, and the mounting of a
military campaign. But they were still responsible for personal
attendance upon the king in his privy chamber, taking care of his
valuable furs, jewels, and documents, and changing his bed linens.
There were four other departments of the household. The steward
presided over the hall and kitchens and was responsible for supplying
the household and guests with food supplies. The butler had duties in
the hall and cellars and was responsible for the supply of wine and
ale. The marshall arranged lodgings for the King's court as it moved
about from palaces to hunting lodges, arranged the pay of the household
servants, and supervised the work of ushers, watchmen, fire tenders,
messengers and huntsmen. The constable organized the bodyguard and
escorts, arranged for the supply of castles, and mustered the royal
army. The offices of steward, constable, chamberlain, butler were
becoming confined to the household and hereditary. The Justiciar,
Chancellor, and Treasurer are becoming purely state offices. They were
simply sold or rented, until public pressure resulted in a requirement
of ability.
Henry's council included all his tenants-in-chief, which
included archbishops, bishops, abbots, priors, earls, barons, knights
and socage tenants of the crown, whether they made payments directly to
him or through a sheriff. The higher ones were served with a writ
addressed to them personally. Knights and below were summoned by a
general writ to the sheriff.
Henry brought order and unity by making the King's Royal Court
the common court of the land. Its purpose was to guard the King's peace
by protecting all people of free status throughout the nation and
correct the disparity in punishments given by local courts. The
doctrine of felony developed, with punishment by death relacing the old
wites. Heretofore, the scope of the King's peace had varied to cover as
little as the King's presence, his land, and his highway. The royal
demesne had shrunk to about 5% of the land. The Common Law for all the
nation was established by example of the King's Royal Court. Henry
erected a basic, rational framework for legal processes which drew from
tradition but lent itself to continuous expansion and adaptation.
A system of writs originated well-defined actions in the royal
courts. Each court writ had to satisfy specific conditions for this
court to have jurisdiction over an action or event. This system
determined the Royal Court's jurisdiction over the church, lords, and
sheriffs. It limited the jurisdiction of all other courts and
subordinated them to the Royal Court. Inquests into any misdeeds of
sheriffs were held, which could result in their dismissal.
Henry and Eleanor spoke many languages and liked discussing
law, philosophy, and history. So they gathered wise and learned men
about them, who became known as courtiers, rather than people of social
rank. They lived in the great and strong Tower of London, which had
been extended beyond the original White Tower, as had other castles, so
that the whole castle and grounds were defended instead of just the
main building. The Tower of London was in the custody of one of the two
justiciars. On the west were two strongly fortified castles surrounded
by a high and deeply entrenched wall, which had seven double gates.
Towers were spaced along the north wall and the Thames River flowed
below the south wall. To the west was the city, where royal friends had
residences with adjoining gardens near the royal palace at Westminster.
The court was a center of culture as well as of government. The game of
backgammon was played. People wore belts with buckles, usually brass,
instead of knotting their belts.
London extended about a mile along the Thames and about half a
mile inland. It had narrow twisting lanes, some with a ditch down the
middle for water runoff. Most of its houses were two stories, the
ground floor having booths and workshops, and the upper floor living
space. Most of the houses were wooden structures. The richer merchants'
and knights' houses were built of stone. Walls between houses had to be
stone to a height of 16 feet and thatched roofs were banned because
there had been many fires. There was poor compliance, but some roofs
were tiled with red brick tiles. The population was about 40,000. There
were over 126 churches for public worship, thirteen monasteries
(including nunneries), and St. Paul's Cathedral. All were built of
stone. The churches gave a place of worship for every 300 inhabitants
and celebrated feast days, gave alms and hospitality to strangers,
confirmed betrothals or agreements of marriage, celebrated weddings,
conducted funerals, and buried the dead. The synod of Westminster of
1175 prescribed that all marriages were to be performed by the church.
A bare exchange of words was sufficient to constitute a marriage.
Church law required a warning prior to suspension or excommunication.
Monastic, cathedral, and parish schools taught young boys grammar so
they could sing and read in church services. Nuns taught girls. Fish
but no meat was eaten on Fridays. There was dark rye bread and
expensive white wheat bread. Vegetables included onions, leeks, and
cabbage. Fruits included apples, pears, plums, cherries, and
strawberries. Water was obtained from streams running through the town
to the Thames and from springs. Only the rich, palaces, and churches
could afford beeswax candles; others had homemade tallow [cow or sheep
fat] candles which smelled and gave off smoke. Most people washed their
bodies. Even the poor had beds and bed clothes. The beds were often
shared. Few babies survived childhood. If a man reached 30, he could
expect to live until age 50. Thousands of Londoners died during a hot
summer from fevers, plague and the like.
In London, bells heralded the start and finish of all organized
business. The sellers of merchandise and hirers of labor were
distributed every morning into their several localities according to
their trade. Vendors, craftsmen, and laborers had their customary
places. Some vendors walked the streets announcing their wares for
sale. There were craft guilds of bakers, butchers, cloth workers, and
saddlers, as well as of weavers. Vendors on the Thames River bank sold
cooked fish caught from the river and wine from ships and wine cellars.
Cook shops sold roasted meats covered with hotly spiced sauces.
London Bridge was built of stone for the first time. It was
supported by a series of stone arches standing on small man-made
islands. It had such a width that a row of wood houses and a chapel was
built on top of it. In the spring it was impassable by ships because
the flow of water under it varied in height on either side of the
bridge by several feet at half tide. The bridge had the effect of
slowing down the flow upstream, which invited wherries and rowboats and
stately barges of the nobility. In winters in which it froze over,
there was ice skating, ice boating, and fishing through holes in the
ice.
Outside each city gate were clusters of ragged buildings, small
monasteries and hostelries, groups of huntsmen's kennels, and fencing
schools. Outside one of the gates, a horse market was held every week.
Horses wore horseshoes made of iron or of a crude steel. From the
southwest gate of the city along the north river bank toward
Westminster, there was a gradually extending line of rich men's
mansions and bishops' palaces. On the southern bank of the Thames River
was growing the disorderly suburb of Southwark, with fishermen's and
boatmens' hovels, and taverns and brothels that were frequented by
drunkards, rakes, and whores. On the north side of the city was a great
forest with fields and wells where students and other young men from
the city took walks in the fresh evening air. In some fields, country
folk sold pigs, cows, oxen and sheep. Mill wheels turned at various
streams. Near London in the country was a glass factory. At sunset, the
gates of London were closed for the night. All taverns had to be
closed, all lights put out, and all fires banked or covered when the
bell of the church of St. Martin le Grand rang at 9:00 p.m. Anyone
found on the streets after this curfew could be arrested. Gangs of
young nobles or gangs of thieves, cutpurses, and looters roamed the
streets after dark and sometimes rioted. Offenders were often beheaded
and their heads placed on spikes on London Bridge.
Men in London had begun weaving cloth, which formerly had been
done by women. Some of the cloth was exported. The weavers guild of
London received a charter by the King in 1155, the first granted to any
London craft: "Know that I have conceded to the Weavers of London to
hold their guild in London with all the liberties and customs which
they had in the time of King Henry [I], my grandfather; and that none
may intermeddle with the craft within the city, nor in Southwark, nor
in other places pertaining to London except through them and except he
be in their guild, otherwise than was accustomed to be done in the time
of King Henry, my grandfather ...So that each year they render thence
to me two marks of gold at the feast of St. Michael. And I forbid that
any shall do injury or contumely to them on this account under penalty
of 10 pounds [200s.]. Witness T[homas], Chancellor, and Warinus, son of
Gerard, Chamberlain, at Winchester." The liberties obtained were: 1)
The weavers may elect bailiffs to supervise the work of the craft, to
punish defaulters, and to collect the ferm [amount owed to the King].
The bailiffs were chosen from year to year and swore before the mayor
of London to do and keep their office well and truly. 2) The bailiffs
may hold court from week to week on pleas of debt, agreements,
covenants [promises for certain performance], and minor trespasses. 3)
If any of the guild members are sued in any other court on any of the
above pleas, the guild may challenge that plea to bring it to the guild
court. 4) If any member is behind in his share of the payment to the
King, the bailiffs may distrain his loom until he has paid this.
The weavers' guild punished members who used bad thread in their
weaving or did defective weaving by showing the default to the mayor,
with opportunity for the workman to make entreaty, and the mayor and
twelve members of the guild then made a verdict of amercement of 1/2
mark and the workman of the cloth was also punished by the guild
bailiffs according to guild custom.The weavers' guild tradition of
brotherliness among members meant that injury to a fellow weaver
incurred a severe penalty. If a weaver stole or eloigned [removed them
to a distance where they were unreachable] any other weaver's goods
falsely and maliciously, then he was dismissed from the guild and his
loom was taken by the guild to fulfill his portion of the annual
payment to the King. The weavers were allowed to buy and to sell in
London freely and quietly. They had all the rights of other freemen of
the city.
Paying an annual payment freed the weavers from liability to
inconsequent royal fines. Failure to make this payment promptly might
have led to loss of the right, hence the rigorous penalty of distraint
upon the looms of individual weavers who fell into arrears.
Thus from the middle of the 1100s, the weavers enjoyed the
monopoly of their craft, rights of supervision which ensured a high
standard of workmanship, power to punish infractions of their
privileges, and full control of their members. In this they stand as
the prototype of English medieval guilds. These rights represented the
standard which all bodies of craftsmen desired to attain. The right of
independent jurisdiction was exceptional.
In Henry II's charter to London, London did not retain its
right to appoint its own sheriff and justice given by Henry I. London's
chief magistrate was the mayor, who was appointed by the King, until
1191. Then the mayor was elected yearly by the aldermen of the city
wards and approved by the king. He was typically a rich prince chosen
by the barons and chief merchants of London. The commoners had no voice
in his selection, but they could still approve or disapprove of the
actions of the city government at ward and folk motes. At certain
periods, a king asserted royal power over the selection of mayor and
governance of the city. There were three ways to become a citizen of
London: being the son of a citizen, apprenticeship in a craft for seven
years, and purchase of citizenship. London and Westminster growth led
to their replacing Winchester as the capital.
St. Barthomew infirmary was established in London for the care
of sick pilgrims traveling to the shrine of Becket in Canterbury. It
had been inspired by a monk who saw a vision of St. Barthomew telling
him to build a church and an infirmary.
Trading was facilitated by the stabilization of the amount of
silver metallic content of the English coinage, which was called
"sterling" [strong] silver. The compass, a magnetic lodestone [leading
stone] needle mounted on a cork and floated in a bowl of water,
assisted the navigation of ships. With it, one could tell the general
direction of a ship when the skies were cloudy as well as clear. And
one could generally track one's route by using the direction and speed
of travel to calculate one's new position. London became a major
trading center for foreign goods from many lands.
About 5% of the knights were literate. Wealthy men sent their
sons to school in monasteries to prepare them for a livelihood in a
profession or in trade or to the town of Oxford, whose individual
scholars had migrated from Paris and had attracted disciples for a long
time. These schools grew up around St. Mary's Church, but had not been
started by the church as there was no cathedral school in Oxford.
Oxford had started as a burh and had a royal residence and many
tradesmen. It was given its basic charter in 1155 by the King. This
confirmed to it all the customs, laws and liberties [rights] as those
enjoyed by London. It became a model charter for other towns.
Bachelors at Oxford studied the arts of grammar, rhetoric, and
logic, and then music, arithmetic, geometry, and astronomy, until they
mastered their discipline and therefore were authorized to teach it.
Teaching would then provide an income sufficient to support a wife. The
master of arts was analogous to the master craftsman of a guild. From
1190, the civil law was studied, and shortly thereafter, canon law.
Later came the study of medicine. The use of paper supplemented the use
of parchment for writing. Irregular edged paper was made from linen,
cotton, straw, and/or wood beaten to a pulp and then spread out over a
wire mesh to dry.
Theologicians taught that the universe was made for the sake
and service of man, so man was placed at the center of the universe.
Man was made for the sake and service of God.
Every freeman holding land of a lord gave homage and fealty to
him, swearing to bear him faith of the tenement held and to preserve
his earthly honor in all things, saving the faith owed to the king.
Homage was done for lands, for free tenements [including meadows,
pastures, woods, and wastes], for services, and for rents precisely
fixed in money or in kind. Homage could be done to any free person,
male or female, adult or minor, cleric or layman. A man could do
several homages to different lords for different fees, but there had to
be a chief homage to that lord of whom he held his chief tenement.
Homage was not due for dower, from the husband of a woman to whom a
tenement was given as a marriage portion, for a fee given in free alms,
or until the third heir, either for free maritagium [a marriage portion
of land which is given with a daughter in marriage, that is not bound
to service and passes to the daughter's heirs in whatever way had been
stipulated by her family when the grant was made] or for the fee of
younger sisters holding of the eldest. All fiefs to be inherited by the
eldest son had to be intact. Every lord could exact fealty from his
servants.
In this era, the English national race and character was
formed. Only a few barons still had lands in Normandy. Stories of good
King Arthur were popular and set ideals for behavior and justice in an
otherwise barbaric age where force was supreme. His last battle in
which he lay wounded and told a kinsman to rule in his place and uphold
his laws was written in poem ("Layamon's Brut"). Romantic stories were
written and read in English. The custom of "bundling" was started by
ladies with their knights, who would lie together in bed without
undressing and with one in a sack the top of which was tied around his
neck, as part of a romantic courtship. Wealthy men often gave their
daughters dowries in case they were widowed. This might be matched by a
marriage settlement by a prospective husband.
Intermarriage had destroyed any distinction of Normans by look
or speech alone, except for the Anglo-Saxon manor villeins, who worked
the farm land and composed about two-thirds of the population. Villeins
were bound to the land and could, on flight, be brought back to it.
They could not give homage, but could give fealty. A villein had the
equipment to farm, fish, make cheese, keep poultry, brew beer, hedge,
and cut wood. Although the villeins could not buy their freedom or be
freed by their lord, they became less numerous because of the
preference of landholders for tenants motivated to perform work by
potential loss of tenure. Also, the Crown's protection of all its
subjects in criminal matters blurred the distinction between free and
unfree men.
The boroughs were dominated by lords of local manors, who
usually had a house in the borough. Similarly, burgesses usually had
farmland outside the borough. Many boroughs were granted, by the king
or manor lord, the right to have a common seal for the common business
of the town. Some boroughs were given the authority to confer freedom
on the villein by enrolling him in their guild or allowing him to stay
in the borough for a year and a day. The guilds met frequently in their
drinking halls and drew up regulations for the management of their
trade. Each borough was represented by twelve reputable burgesses. Each
vill was represented by a reeve and four reputable men. Certain towns
sponsored great seasonal fairs for special goods, such as cloth. About
5% of the population lived in towns.
In the early 1180s, the horizontal-axle windmill was invented,
probably in eastern England, on the analogy of the horizontal-axle
watermill. It was very useful in flat areas where streams were too slow
for a watermill unless a dam were built. But a dam often flooded
agricultural land. Some watermill wheels were moved by tidal currents.
London guilds of craftsmen such as weavers, fullers, bakers,
loriners (makers of bits, spurs, and metal mountings of bridles and
saddles), cordwainers (makers of leather goods such as shoes),
pepperers, and goldsmiths were licensed by the King, for which they
paid him a yearly fee. There were also five Bridge Guilds (probably
raising money for the future construction of London Bridge in stone)
and St. Lazarus' Guild. The wealthy guilds, which included the
goldsmiths, the pepperers, and three bridge guilds had landholding
members who had been thegns or knights and now became a class of royal
officials: the King's minters, his chamberlain, his takers of wines,
his collectors of taxes. The weavers of Oxford paid 27s. [two marks] to
have a guild. The shoemakers paid 67s. [five marks].
In 1212, master carpenters, masons, and tilers made 3d. per
day, their servers (the journeymen of a later time) made 1 1/2 d., free
stone carvers 2 1/2 d., plasterers and daubers, diggers and sievers
less. All received food in addition or 1 1/2 d. in its stead.
Sandwich was confirmed in its port rights by this charter:
"Henry II to his sheriff and bailiffs of Kent, greeting. I will and
order that the monks of the Holy Trinity of Canterbury shall have fully
all those liberties and customs in Sandwich which they had in the time
of King Henry my grandfather, as it was adjudged in pursuance of his
command by the oath of twelve men of Dover and twelve men of Sandwich,
to wit, that the aforesaid monks ought to have the port and the toll
and all maritime customs in the same port, on either side of the water
from Eadburge gate as far as markesfliete and a ferryboat for passage.
And no man has there any right except they and their ministers.
Wherefore I will and firmly command you and the men of Sandwich that ye
cause the aforesaid monks to have all their customs both in the port
and in the town of Sandwich, and I forbid any from vexing them on this
account.And they shall have my firm peace."
Henry gave this charter to the town of Bristol in 1164: "Know
ye, that I have granted to my burgesses of Bristol, that they shall be
quit both of toll [a reasonable sum of money or portion of the thing
sold, due to the owner of the fair or market on the sale of things
tollable therein. It was claimed by the lord of the fee where the fair
or market was held, by virtue of a grant from the Crown either
ostensible or presumed] and passage [money paid for crossing a river or
for crossing the sea as might be due to the Crown] and all custom
[customary payments] throughout my whole land of England, Normandy, and
Wales, wherever they shall come, they and their goods. Wherefore I will
and strictly command, that they shall have all their liberties and
acquittances and free customs fully and honorable, as my free and
faithful men, and that they shall be quit of toll and passage and of
every other customs: and I forbid any one to disturb them on this
account contrary to this my charter, on forfeiture of ten pounds
[200s.]."
John, when he was an earl and before he became King, granted
these liberties to Bristol about 1188:
1) -No burgess may sue or be sued out of Bristol.
2) -The burgesses are excused from the murdrum fine.
3) -No burgess may wage duel [trial by combat], unless sued for death
of a stranger.
4) -No one may take possession of a lodging house by assignment or by
livery of the Marshall of the Earl of Gloucester against the will of
the burgesses (so that the town would not be responsible for the good
behavior of a stranger lodging in the town without first accepting the
possessor of the lodging house).
5) -No one shall be condemned in a matter of money, unless -according
to the law of the hundred, that is, forfeiture of 40s.
6) -The hundred court shall be held only once a week.
7) -No one in any plea may argue his cause in miskenning.
8) -They may lawfully have their lands and tenures and mortgages and
debts throughout my whole land, [from] whoever owes them [anything].
9) -With regard to debts which have been lent in Bristol, and mortgages
there made, pleas shall be held in the town according to the custom of
the town.
10) If any one in any other place in my land shall take toll of the men
of Bristol, if he does not restore it after he is required to, the
Prepositor of Bristol may take from him a distress at - - Bristol, and
force him to restore it.
11) No stranger tradesman may buy within the town from a man who is a
stranger, leather, grain, or wool, but only from a burgess.
12) No stranger may have a shop, including one for selling wine, unless
in a ship, nor shall sell cloth for cutting except at the fair.
13) No stranger may remain in the town with his goods for the purpose
of selling his goods, but for forty days.
14) No burgess may be confined or distrained any where else within my
land or power for any debt, unless he is a debtor or surety (to avoid a
person owed a debt from distraining another person of the town of the
debtor).
15) They shall be able to marry themselves, their sons, their daughters
and their widows, without the license of their lords. (A lord had the
right of preventing his tenants and their families from marrying
without his consent.)
16) No one of their lords shall have the wardship or the disposal of
their sons or daughters on account of their lands out of the town, but
only the wardship of their tenements which belong to their own fee,
until they become of age.
17) There shall be no recognition [acknowledgment that something done
by another person in one's name had one's authority] in the town.
18) No one shall take tyne [wooden barrel with a certain quantity of
ale, payable by the townsmen to the constable for the use of the
castle] unless for the use of the lord Earl, and that according to the
custom of the town.
19) They may grind their grain wherever they may choose.
20) They may have their reasonable guilds, as well or better than they
had them in the time of Robert and his son William [John's wife's
grandfather and father, who were earls of Gloucester when the town and
castle of Bristol were part of the honor of Gloucester].
21) No burgess may be compelled to bail any man, unless he himself
chooses it, although he may be dwelling on his land.
We have also granted to them all their tenures, messuages
[dwelling house with adjoining land and adjacent buildings], in copses
[thicket from which wood was cut], in buildings on the water or
elsewhere to be held in free burgage [tenant to pay only certain fixed
services or payments to his lord, but not military service (like free
socage)]. We have granted also that any of them may make improvements
as much as he can in erecting buildings anywhere on the bank and
elsewhere, as long as the borough and town are not damaged thereby.
Also, they shall have and possess all waste land and void grounds and
places, to be built on at their pleasure.
Newcastle-on-Tyne's taxes were simplified in 1175 as follows:
"Know ye that I have granted and by this present charter have confirmed
to my burgesses of Newcastle upon Tyne, and to all their things which
they can assure to be their own, acquittance from toll and passage and
pontage and from the Hanse and from all other customs throughout all my
land. And I prohibit all persons from vexing or disturbing them therein
upon forfeiture to me."
We grant to our upright men on Newcastle-on-Tyne and their heirs our
town of Newcastle-on-Tyne with all its appurtenances at fee farm for
100 pounds to be rendered yearly to us and our heirs at our Exchequer
by their own hand at the two terms, to wit, at Easter 50 pounds and at
Michaelmas 50 pounds, saving to us our rents and prizes and assizes in
the port of the same town.
Ranulph, earl of Chester, made grants to his burgesses of
Coventry by this charter: "That the aforesaid burgesses and their heirs
may well and honorably quietly and in free burgage hold of me and my
heirs as ever in the time of my father and others of my ancestors they
have held better more firmly and freer. In the second place I grant to
them all the free and good laws which the burgesses of Lincoln have
better and freer. I prohibit and forbid my constables to draw them into
the castle to plead for any cause, but they may freely have their
portimote [leet court] in which all pleas belonging to me and them may
be justly treated of. Moreover they may choose from themselves one to
act for me whom I approve, who a justice under me and over them may
know the laws and customs, and keep them to my counsel in all things
reasonable, every excuse put away, and may faithfully perform to me my
rights. If any one happen to fall into my amercement he may be
reasonably fined by my bailiff and the faithful burgesses of the court.
Furthermore, whatever merchants they have brought with them for the
improvement of the town, I command that they have peace, and that none
do them injury or unjustly send them into court. But if any foreign
merchant shall have done anything improper in the town that same may be
regulated in the portimote before the aforesaid justice without a suit
at law."
Henry confirmed this charter of the earl's by 1189 as follows:
I have confirmed all the liberties and free customs the earl of Chester
granted to them, namely, that the same burgesses may well and honorably
hold in free burgage, as ever in the time of the father of the
beforesaid earl, or other of his ancestors, they may have better or
more firmly held; and they may have all the laws and customs which the
citizens of Lincoln have better and freer (e.g. their merchant guilds);
all men brought to trade may be subject to the guild customs and assize
of the town; those who lawfully hold land in the town for a year and a
day without question and are able to prove that an accuser has been in
the kingdom within the year without finding fault with them, from
thence may hold the land well and in peace without pleading; those who
have remained in the town a year and a day without question, and have
submitted to the customs of the town and the citizens of the town are
able to show through the laws and customs of the town that the accuser
stood forth in the kingdom, and not a fault is found of them, then they
may remain in peace in the town without question]; and that the
constable of the aforesaid earl shall not bring them into the castle to
plead in any case. But they may freely have their own portmanmote in
which all pleas appertaining to the earl and to them may be justly
treated of. Moreover they may choose one from themselves to act for the
earl, whom I approve, who may be a justice under the earl and over
them, and who to the earl may faithfully perform his rights, and if
anyone happen to fall into the earl's forfeiture he shall be acquit for
12 pence. If by the testimony of his neighbors he cannot pay 12 pence
coins, by their advice it shall be so settled as he is able to pay, and
besides, with other acquittances, that the burgesses shall not provide
anything in corody [allowance in food] or otherwise whether for the
said earl or his men, unless upon condition that their chattels shall
be safe, and so rendered to them. Furthermore, whatever merchants they
have brought with them for the improvement of the town they may have
peace, and none shall do them injury or unjustly send them into suit at
law. But if any foreign merchant has done anything improper in the town
that shall be amended [or tried] in the portmanmote before the
aforesaid justice without a suit. And they who may be newcomers into
the town, from the day on which they began to build in the town for the
space of two years shall be acquit of all charges.
Mercantile privileges were granted to the shoemakers in Oxford
thus: "Know ye that I have granted and confirmed to the corvesars of
Oxford all the liberties and customs which they had in the time of King
Henry my grandfather, and that they have their guild, so that none
carry on their trade in the town of Oxford, except he be of that guild.
I grant also that the cordwainers who afterwards may come into the town
of Oxford shall be of the same guild and shall have the same liberties
and customs which the corvesars have and ought to have. For this grant
and confirmation, however, the corvesars and cordwainers ought to pay
me every year an ounce of gold."
A guild merchant for wool dominated and regulated the wool
trade in many boroughs. In Leicester, only guildsmen were permitted to
buy and sell wool wholesale to whom they pleased or to wash their fells
in borough waters. Certain properties, such as those near running
water, essential to the manufacture of wool were maintained for the use
of guild members. The waterwheel was a technological advance replacing
human labor whereby the cloth was fulled. The waterwheel turned a shaft
which lifted hammers to pound the wet cloth in a trough. Wool packers
and washers could work only for guild members. The guild fixed wages,
for instance to wool wrappers and flock pullers. Strangers who brought
wool to the town for sale could sell only to guild members. A guildsman
could not sell wool retail to strangers nor go into partnership with a
man outside the guild. Each guild member had to swear the guildsman's
oath, pay an entrance fee, and subject himself to the judgment of the
guild in the guild court, which could fine or suspend a man from
practicing his trade for a year. The advantages of guild membership
extended beyond profit in the wool trade. Members were free from the
tolls that strangers paid. They alone were free to sell certain goods
retail. They had the right to share in any bargain made in the presence
of a guildsman, whether the transaction took place in Leicester or in a
distant market. In the general interest, the guild forbade the use of
false weights and measures and the production of shoddy goods. It
maintained a wool beam for weighing wool. It also forbade middlemen
from profiting at the expense of the public. For instance, butchers'
wives were forbidden from buying meat to sell again in the same market
unless they cooked it. The moneys due to the king from the guilds of a
town were collected by the town reeve.
When the king wanted to raise an army, he summoned his major
baron tenants-in-chief, who commanded their own armed dependent
vassals, and he directed the sheriffs to command the minor
tenants-in-chief and supply them with equipment. A baron could assemble
an army in a day, but might use it to resist any perceived
misgovernment by a king. Armed conflict did not interfere much with
daily life because the national wealth was still composed mostly of
flocks and herds and simple buildings. Machinery, furniture, and the
stock of shops were still sparse. Life would be back to normal within a
week.
Henry wanted to check this power of the barons. So he took over
or demolished their adulterine castles and restored the fyrd, which was
a military draft of every freeman to serve in defense of the realm. At
the King's call, barons were to appear in mail suit and helmet with
sword and horse, knights and freeholders with 213s.[16 marks] of rent
or chattels in coat of mail with shield and lance, freeholders of
133s.[10 marks] with lance and hauberk [coat of armor] and iron
headpiece, burgesses and poorer freemen with lance and headpiece and
wambais, and such as millers with pike and leather shirt. The spiritual
and other baronies paid a commutation for personal service, called
"scutage", at the rate of 27s. per knight's fee. Barons and knights
paid according to their knight's fee a scutage ranging from 10s. to
27s. As of 1181, the military obligations of villeins were defined. The
master of a household was responsible for every villein in his
household. Others had to form groups of ten and swear obedience to the
chief of the group. The sheriff was responsible for maintaining lists
of men liable for military service and procuring supplies. This
national militia could be used to maintain the peace. The sheriff could
call upon the military array of the county as a "posse comitatus" to
take a band of thieves into custody or to quell disorder. For foreign
wars, Henry decided to use a mercenary army and a mercenary fleet.
However, the nobility who were on the borders of the realm had
to maintain their private armies for frequent border clashes. The other
nobility now tended towards tournaments with mock foot battles between
two sides. Although subject to knightly rules, serious injury and death
often resulted. For this reason, the church opposed them, but
unsuccessfully.
New taxes replaced the Danegeld tax. Freeholders of land paid
taxes according to their ploughable land ("hidage", by the hide, and
later "carucage", by the smaller Norman carucate). The smaller measure
curtailed estates and increased taxation. It was assessed from 2-5s.
per carcuate [100 acres] and collected for the king by knights with
little or no remuneration, and later by inquest of neighbors. The towns
and demesne lands of the crown paid a tax based on their produce that
was collected by the itinerant justices. Merchants were taxed on their
personal property, which was determined by an inquest of neighbors.
Clergy were also taxed. This new system of taxation increased the royal
income about threefold. There was a standard for reliefs paid of 100s.
[5 pounds] for a knight's fee and 2,000s. [100 pounds] for a barony. At
the end of Henry's reign, his treasure was over 900,000 pounds. Every
hide of land paid the sheriff 2s. annually for his services in the
administration and defense of the county.
Barons and their tenants and subtenants were offered an
alternative of paying shield money ["scutage"] of 26s.8d. per fee in
commutation for and instead of military service for their fiefs. This
enabled Henry to hire soldiers who would be more directly under his own
control and to organize a more efficient army.
Henry II restored the silver coinage to its standard of purity.
The first great inflation in England occurred between 1180 and 1220.
Most goods and services increased threefold over these forty years.
Great households, whether of baron, prelate, monastery, or
college gave their officers and servants allowances of provisions and
clothing called "liveries". The officer of such departments as the
buttery [cellar storing butts of wine], the kitchen, the napery [for
linen cloth], and the chandlery had his fixed allowances for every day
and his livery of clothing at fixed times of the year or intervals of
years.
The administration of a great estate is indicated by the Pipe
Roll of the Bishopric of Winchester, 1208-1209, as follows:
"Downton: William FitzGilbert, and Joselyn the reeve, and Aylward the
cellarer render account of 7 pounds 12s.11d. for arrears of the
previous year. They paid and are quit. And of 3 pounds 2s.2d. for
landgafol. And of 12d. by increment of tax for a park which William of
Witherington held for nothing. And of 2s.6d. by increment of tax for
half a virgate of land which James Oisel held without service. And of
19s. for 19 assize pleas in the new market. And of 10s. by increment of
tax for 10 other assize pleas in the market this year. Sum of the whole
tax 36 pounds 14s.8d. In quittance of one reeve, 5s. In quittance for
repairing the bridge, 5s.; of one forester, 4s.; of two haywards from
Downton and Wick, 4s.; of one hayward from Witherington, 20d.; of
fourteen drivers from Downton, Wick, and Nunton, for the year, 28s.; of
two drivers from Witherington for the year, 4s.4d.; of two drivers for
half the year, 2s.; of one swineherd, of one neaterd, of one cowherd,
for the year, 6s.; of three shepherds from Wick, Barford, and Nunton,
for the year, 6s.; of one shepherd from Witherington, for the year,
20d.; of four customary tenants, for the year, 8s. Sum of the
quittances, 74s.8d. Remainder 33 pounds.
Livery: For livery to John the dean, for Christmas tax, 7 pounds 10s.
by one tally. To the same for Easter tax, 8 pounds by one tally. To the
same for St. John's tax, 8 pounds by one tally. To the same for St.
Michael's tax, 8 pounds 10s. by one tally. To the same for corn [grain]
sold in the field 26 pounds by two tallies. To the same for standing
corn [growing crops of grain], purchases, and cheeses, 20 pounds
16s.10d. To the same for wool, 6 pounds 13s.4d. by one tally. To the
same for tallage 39 pounds by one tally. Sum: 134 pounds 10s.2d.
Expenses: For ironwork of 8 carts for year and one cart for half the
year, 32s.10d. For shoeing of 2 plough horses for the year, 2s.8d. For
wheels for carts, 2s.9d. For 6 carts made over, 12d. before the arrival
of the carpenter. For wages of the smith for the year, 8s.6d. For one
cart bound in iron bought new, 5s.7d. For wheels purchased for one cart
to haul dung, 12d. For leather harness and trappings, iron links,
plates, halters, 14d. For purchase of 2 ropes, 3d. For purchase of 2
sacks, 8d. For purchase of 5 locks for the granary, 11d. For making 2
gates for the sheepfold, 2s. For one gate for the farm yard, 12d. For
an ax and tallow purchased and for repairing the spindles of the mill
for the year, 6s.10d. For one millstone purchased for the mill 24s. For
making one gate near the mill, 12d. For meat prepared in the larder,
3s. For beer bought for cleaning carcasses, 2s.1d. For digging 158
perches of land around the pasture in the marsh, 32s.11d.; for each
perch 2d.1ob. For the dovecote newly made, 22s.11d.1ob. For cutting 100
thick planks for flooring both dispensary and butlery, 6s.3d. For nails
or pegs bought for planking beyond the cellar, 16d. For enclosing the
garden by making 2 gates, 6s.7d.1ob. For digging in the gardens, 8s.5d.
For the winter work of 55 carts, 9s.2d. For the Lent work of 49 carts,
8s.6d. For spreading 6 acres with dung, 6d. For threshing 24 quarters
of wheat at Mardon for seed, 5s. For winnowing the same, 7d. For
winnowing 36 quarters of grain for seed, 3s.9d. For threshing 192
quarters of grain 32s.; for each quarter 2d. For threshing 20 quarters
of mixed corn [grain], 2s.6d. For threshing 42 quarters of barley,
3s.6d. For threshing 53 quarters of oats, 2s.2d.1ob. For hauling gravel
to the bridge and causeway, 4d. For cost of dairy, viz., 3 tines of
salt, cloth, and pots, 6s.10d. For purchase of 17 oxen, 5 pounds 13s.
For hoeing 140 acres, 5s.10d. For wages of two carters, one neatherd,
for the year, 9s. For wages of one carpenter for the year, 6s.8d. For
wages of one dairy woman, 2s.6d. For payment of mowers of the meadow at
Nunton, 6d. For 8 sheep purchased, 8s. For wages of one neatherd from
Nunton, 12d. For carrying 2 casks of wine by Walter Locard, in the time
of Martinmas, 8s.2d. For the carrying of 2 casks of wine from
Southampton to Downton by the seneschal, 3s.6d. at the feast of St.
Lawrence. For digging 22 perches in the farmyard, 6s.5d.; for each
perch 3d.1ob. For allowance of food of Robert of Lurdon, who was sick
for 21 days, with his man, 5s.3d. For allowance of food to Sewal who
was caring for 2 horses of the lord bishop for 3 weeks, 21d. For
allowance of food for Roger Walselin, for the two times he made gifts
to the lord king at Clarendon, 4s.9d. by two tallies. For allowance of
food of Master Robert Basset, for 3 journeys, 9s.3d.1ob. For livery of
William FitzGilbert, 60s.10d. For 30 ells of canvas purchased for
laying over the wool, and 2 cushions prepared for the court, 5s. For 8
sheep purchased, with lambs, 8s. Sum: 2 pounds.23d. Sum of livery and
expenses: 159 pounds 12s.1d. And there is owing: 5 pounds 9s.4d.1ob.
Produce of Granary: The same render account of 221 and a half quarters
and 1 strike from all the produce of grain; and of 24 quarters brought
from Mardon. Sum: 245 and a half quarters and 1 strike. For sowing 351
acres, 127 quarters. For bread for the lord bishop, 18 and a half
quarters delivered to John de Dispensa by three tallies. For the
balance sold, 110 quarters and 1 strike. The same render account of 38
and a half quarters from all the produce of small corn [grain]. For the
balance sold, all. The same render account of 29 quarters and 1 strike
from all the produce of mixed corn [grain]. For seeding 156 acres, 53
quarters and 1 strike. For bread for 3 autumnal works, 9 quarters. For
the balance sold, 27 quarters. The same render account of 178 and a
half quarters from all the produce of barley. For sowing 102 and a half
acres, 49 and a half quarters. For payment for carts, 1 quarter. For
payment for hauling dung, 2 quarters. For allowance of food of two
carters, one carpenter, one neatherd, one dairy woman, for the year, 32
and a half quarters. For feeding hogs in the winter, 2 quarters. For
the balance sold, 91 and a half quarters. It is quit.
The same render account of 311 quarters and 2 bushels from all the
produce of oats. In sowing 221 and a half acres, 110 and a half
quarters. For prebends [revenues paid for a clergyman's salary] of the
lord bishop and lord king, on many occasions, 131 and a half quarters
and 2 bushels, by five tallies. For prebends of Roger Wakelin, 2 and a
half quarters and 3 bushels. For prebends of Master Robert Basset, 3
and a half quarters and 1 bushel. For provender [dry food for
livestock] of 2 horses of the lord bishop and 1 horse of Richard Marsh,
for 5 weeks, 5 and a half quarters and 2 bushels. For provender of 2
horses of the lord bishop who stayed 16 nights at Downton, 4 quarters.
For that sent to Knoyle, 18 quarters. For provender of 1 horse of
Robert of Lurdon for 3 weeks, 1 and a half quarters. For prebends of
two carters 7 quarters and 2 bushels. For the balance sold, 12
quarters. And there remains 14 quarters and 1 strike. The same render
account of 6 and a half quarters from the whole produce of beans. For
planting in the garden half a quarter. For the balance sold, 6
quarters. It is quit.
The same render account of 4 quarters and 1 strike from all the produce
of peas. For sowing 6 acres, 1 and a half quarters. For the balance
sold 2 and a half quarters and 1 strike. It is quit. The same render
account of 4 quarters from all the produce of vetches [pea plants used
for animal fodder]. For feeding pigs in the winter, all. It is quit.
Beasts of Burden: The same render account of 104 oxen remaining from
the previous year. And of 2 yoked from useless animals. And of 1 from
the will of Robert Copp. And of 17 purchased. Sum: 124. Of living ones
sold, 12. Of dead, 21. Sum: 33. And there remain 91 oxen. The same
render account of 2 goats remaining from the previous year. All remain.
The same render account of 19 cows remaining from the previous year.
And of 7 yoked from useless animals, and of 1 found. Sum: 27. By death,
1. By killing, brought for the need of the lord bishop at Cranbourne,
2. Sum: 3. And there remain 24 cows. The same render account of 7
heifers and 2 steers remaining from the previous year. In yoked cows, 7
heifers. In yoked oxen, 2 bulls. Sum: 9.
The same render account of 12 yearlings remaining from the previous
year. By death, 1. There remain 11, of which 5 are female, 6 male.
The same render account of 13 calves born this year from cows, because
the rest were sterile. In tithes, 1. There remain 12. The same render
account of 858 sheep remaining from the previous year. And of 47 sheep
for the payment of herbage, after birth, and before clipping. And of 8
bought before birth. And of 137 young ewes mixed with two-year-olds.
Sum: 1050. In live ones sold at the time of Martinmas, 46. In those
dead before birth, 20. In those dead after birth and before shearing,
12. Sum: 78. And there remain 972 sheep.
The same render account of 584 wethers [castrated rams] remaining from
the previous year. And of 163 wethers mixed with two-year- olds. And of
16 rams from Lindsey, which came by brother Walter before shearing.
Sum: 763. In living ones sold at the time of Martinmas, 27 wethers, 10
rams. Paid to the men of Bishopton before shearing by writ of the
seneschal, 20. By death, before shearing, 14. Sum: 71. And there remain
692 sheep. The same render account of 322 old sheep remaining, with
lambs from the previous year. By death before shearing, 22. And there
remain 300; whence 137 are young ewes, mixed with sheep, and 163 males,
mixed with wethers.
The same render account of 750 lambs born from sheep this year because
20 were sterile, and 30 aborted. In payment of the smith, 2; of
shepherds, 3. In tithes, 73. In those dead before shearing, 105. Sum:
181. And there remain 569 lambs.
The same render account of 1664 large sheepskins whence 16 were from
the rams of Lindsey. In tithes, 164. In payment of three shepherds, 3.
In the balance sold 1497 skins with 16 skins from Lindsey which made 11
pondera.
The same render account of 569 lamb skins. In the balance sold, all,
which made 1 and a half pondera.
The same render account of 138 cheeses from arrears of the previous
year. And of 19 small cheeses. And of 5 larger ones from the arrears of
the previous year. And of 273 cheeses which were begun the 6th of April
and finished on the feast of St. Michael, both days being counted. And
they made cheeses two by two for 96 days, viz. from the 27th April to
the vigil of the feast of St. Peter in Chains, both days being counted.
Sum: 435 cheeses. In tithes 27. In payment of a shepherd, and mowers of
the meadow from Nunton, 2. In duty of a carter, 3. In autumnal work,
10. In expenses of the bishop in the kitchen, 2 by one tally. In the
balance sold, 133 cheeses, which made 10 heads, from arrears of the
previous year. In the balance sold, 177 cheeses, which made 18 heads in
this year. In expenses of the lord king and lord bishop on the feasts
of St. Leonard and St. Martin, 19 small cheeses, and 5 larger ones from
the arrears of the previous year. And there remain 52 small cheeses
which make one head.
The same render account of 124 hogs remaining from the previous year.
And of 29 that were born of sows. Sum: 153 pigs. In tithes, 2. By
death, 9. In those killed for the larder, 83. Sum: 95 pigs. And there
remain 58 pigs. Also 19 suckling pigs. Sum of the whole: 77 pigs.
The same render account of 48 chickens from arrears of the previous
year. And of 258 chickens for cheriset. Sum: 306. In expenses of the
lord bishop on the feast of St. Martin, 36 by one tally. In expenses of
the same on the feast of St. Leonard, 106, by one tally. In expenses of
the lord king and bishop on the feast of the Apostles Peter and Paul,
131 chickens, by two tallies. In allowance for food for Roger Wakelin,
8. In allowance of food for Master Robert Basset, 4. By death, 21. Sum:
306 chickens. It is quit.
The same render account of 273 chickens, 27 sticae of eels, 4 suckling
pigs, freed for the expenses of the lord king and bishop. From the
Larder: The same freed for the expenses of the lord bishop meat of 2
cows taken to Cranbourne.
The same render account of 13 sides of bacon, arrears of the previous
year. And of 5 oxen and 1 quarter of old beef from arrears of the
previous year. And of 84 hogs from Downton. And of 71 hogs from Mardon.
And of 10 hogs from Overton. And of 9 hogs from High-Clere. And of 14
hogs from Harwell. And of 7 hogs from Knoyle. Sum: 203 hogs, and meat
of 5 oxen and one quarter. In expenses of the lord bishop at the feast
of St. Martin, 8 sides of bacon. In expenses of the same at the feast
of St. Leonard, 17 sides of bacon, the meat of 5 oxen, and 1 quarter of
an ox. In expenses of the same on the morrow of the feast of the Holy
Cross, delivered to Nicolas the cook, 27 sides of bacon. In expenses of
the lord bishop delivered to the same cook at Knoyle on the Saturday
before the feast of St. Michael, 15 sides of bacon. In expenses of the
same and of the lord king on the feast of the Apostles Peter and Paul,
50 sides of bacon. In allowance of food to Master Robert Basset on the
feast of All Saints, half a side of bacon. In allowance of food to the
same on Wednesday and Thursday before Pentecost, 1 side of bacon. In
those sent to Knoyle for autumnal work, 6 sides of bacon. In three
autumnal festivals at Downton, 9 and a half sides of bacon. Sum: 134
sides of bacon. And there remain 74 sides of bacon.
The same render account of skins, sausages, and offal of the said hogs.
In expenses of the lord king and lord bishop at the feast of St.
Leonard, all. Nothing remains."
King Richard the Lion-hearted, unlike his father, was
interested in warfare. He spent most of his term on crusade to recover
Jerusalem. For his expenses, he imposed a tax of one-tenth of rents and
income from personal property and goods. He also sold town charters,
heiresses and heirs, widows, sheriffdoms, justiceships, earldoms, and
licenses for tournaments. In 1198, the bishop barons had refused to pay
for a campaign of Richard's war in Normandy arguing that military
service was only due within the kingdom of England. When Richard was
captured, every person in the realm was required to pay a part of his
ransom of 100,000 pounds, which was double the whole revenue of the
crown. Aids, tallages, and carucage were imposed. The heaviest impost
was one-fourth of revenue or of goods from every person.The crusaders'
contact with Arabs brought to England an expansion of trade, Arab
horses, and arabic numerals, which included "zero" and greatly
facilitated arithmetic, which was very difficult with Roman numerals.
The church decreed that those who went on these crusades would be
remitted of their sins.
At the end of this period was the reign of King John, a short
man. After his mother Eleanor's death in 1204, John ruled without her
influence. He had no conscience and his oaths were no good. He trusted
and was trusted by no one. He had a huge appetite for money. He imposed
2,000 pounds [3,000 marks] on London for confirmation of its charter.
He imposed levies on the capital value of all personal property and
goods. It began the occasional subsidies called "tenths and fifteenths"
from all people on incomes from movables: one-tenth from boroughs and
royal demesne land, and one-fifteenth elsewhere. He sold the wardships
of minors and the marriages of heiresses to the highest bidder, no
matter how base. He appointed unprincipled men to be both sheriff and
justice, enabling them to blackmail property holders with vexatious
writs and false accusations. Writs were withheld or sold at exorbitant
prices. Crushing penalties were imposed to increase the profits of
justice. He asserted over fowls of the air the same exclusive right as
over beasts of the forest. The story of Robin Hood portrays John's
attempt to gain the crown prematurely while Richard was on the Crusades
to recover Jerusalem for Christendom. In 1213, strong northern barons
refused a royal demand for service in France or scutage, arguing that
the amount was not within custom or otherwise justified. John had
private and public enemies. No one trusted him and he trusted no one.
His heavy handed and arbitrary rule quickly alienated all sectors of
the population: other barons, bishops, London, and the commons. They
joined the barons to pressure him to sign the Magna Carta, much of
which restated Henry II's work. Since John had extracted many heavy
fines from barons by personally adjudging them blameworthy in disputes
with others, the barons wanted judgment by their peers under the
established law of the courts. In arms, the barons forced John to sign
the Magna Carta correcting his abuses.
The Law
During the 1100s and 1200s, changes took place with regard to
wills which gradually established a definite common law. They were: The
king's court condemns the post obit gift of land because it was rung
from a man in the agony of dying when he had most probably lost his
memory and his reason, and it disappeared in the late 1100s, except
for burgage tenements. The primogeniture scheme for the descent of land
had been well established in the course of the 1100s and the concept of
a definite heir as appointed by God was now established. Heirship now
has nothing to do with chattels. The church takes jurisdiction by 1200
over succession of chattels and succession assumes a testamentary
character with witnesses and with an executor to carry out the dead
man's will and pay his debts. A will only dealt with the dead man's
part of his chattels, the law providing parts for the wife and
children. If there were both wife and children, the wife took one-third
and the children, except for the heir, one-third and the man could will
the remaining third. If there is a wife but no child or a child but no
wife, one half went to the surviving wife or children, except for the
heir, and one-half was governed by the will. If there was no will,
which was rare, the situation was unsettled, but usually the church
distributed the remaining portion for the good of the dead man's soul.
By statute, no one, including the lord of a manor, may take
land from anyone else, for instance, by the customary process of
distress, without a judgment from the Royal Court. This did not apply
to London, where a landlord leasing or renting land could take distress
in his fee.
No one, including the lord of a manor, shall deprive an heir of
the land possessed by his father, i.e. his birthright.
A tenant may marry off a daughter unless his lord shows some
just cause for refusing to consent to the marriage. A tenant had to pay
an "aid" to his lord when the lord's daughter married, when the lord's
son was knighted, or when the lord's person was ransomed.
A man [or woman] may not will away his land, but he may sell it
during his lifetime.
The land of a knight or other tenant of a military fee is
inherited by his eldest son. The socage land of a free sokeman goes by
its ancient custom before the Norman Conquest.
If a man purchased land after his marriage, his wife's dower is
still one-third of the land he had when they married, or less if he had
endowed her with less. But he could then enlarge her dower to one-third
of all of his lands. The same rule applied if the man had no land, but
endowed his wife with chattel or money instead.
Dower law prevented a woman from selling her dower during the
life of her husband. But he could sell it or give it away. On his
death, its possessor had to give the widow the equivalent worth of the
property.
A widower with a child born of the marriage had all his wife's
lands by curtesy of the nation for his lifetime to the exclusion of her
heirs.
The Capital Messuage [Chief Manor] could not be given in dower
or divided, but went in its entirety to its heir.
Heirs were firstly sons, then daughters jointly, then grandsons
per stirpes, then granddaughters per stirpes, then brothers, and then
sisters of the decedent. [By taking "per stirpes" instead of "per
capita", a person's share goes to that person's heirs if that person
predeceases the ancestor-decedent.] Male heirs of land held by military
service or sons of knights who were under the age of twenty-one were
considered to be in custody of their lords. The lord had wardship over
the heir's land, excluding the third that was the widow's dower for her
life. He also had wardship over the heir's body or person and had the
right to arrange the ward's marriage, which he did as early ass when
the ward was age 6. Both wardships were lucrative and could be bought
and sold. The heir's guardian had to maintain the heir in a manner
suitable to his dignity and restore to him when he came of age his
inheritance in good condition discharged from debts. Otherwise the lord
could take the profits of the land. The guardianship was not fiduciary.
The ward lived with his guardian and was taught to fight. When he came
of age, he did homage and fealty for the land. The mother did not have
a right to the guardianship of a son who was an heir. Male heirs of
sokemen who were under the age of fifteen were in the custody of their
nearest kindred. The son of a burgess came of age when he could count
money, measure cloth, and manage his father's concerns.
Female heirs remained in the custody of their lords until they
married. The lord was bound to find a marriage for his ward when she
became fourteen years of age and then deliver her inheritance to her.
She could not marry without her lord's consent, because her husband was
expected to be the lord's ally and to do homage to him. But if a female
heir lost her virginity, her inheritance escheated to her lord. A woman
with property could not do homage because she could not perform
military service, but she generally swore fealty. She could receive
homage from men.
Bastards were not heirs, even if their father married their
mother after birth.
Any adult inheriting land had to pay a "relief" to the lord of
the land. For a knight's fee, this was 100s. For socage land, this was
one year's value. The amount for a barony depended upon the King's
pleasure.
Heirs (but not widows) were bound to pay the debts of their
fathers and ancestors. A man who married a woman who had inherited land
could not sell this land without the consent of its heirs.
When a man dies, his wife shall take one-third and his heirs
shall take one-third of his chattels [movables or personal property].
The other third he may dispose of by will. If he had no heirs and no
will, all his chattels would escheat to his lord. Any distribution of
chattels would take place after all the decedent's debts were paid from
the property.
A will required two witnesses. The testator could name an
executor, but if he did not, the next of kin was the executor. A will
could not be made by a man on his death bed because he may well have
lost his memory and reason. Also, he could not give to a younger son if
in so doing, he would deprive his lawful heir. But he could give a
marriage gift to a daughter regardless of the lawful heir.
Usury was receiving back more than what was lent, such as
interest on a loan of money. When a usurer died, all his movables went
to the King.
A villein may not buy his own freedom (because all that he has
is his lord's), but may be set free by his lord or by someone else who
buys his freedom for him. He shall also be freed if the lord seduced
his wife, drew his blood, or refused to bail him either in a civil or
criminal action in which he was afterwards cleared. But a freed villein
did not have status to plead in court, even if he had been knighted. If
his free status were tried in court, only a freeman who was a witness
to his being set free could avail himself of trial by combat to decide
the issue. However, if the villein remained peacefully in a privileged
town a year and a day and was received into its guild as a citizen,
then he was freed from villeinage in every way.
A freeman who married a villein lost his freedom. If any parent
of a child was a villein, then the child was also a villein.
All shipwrecked persons shall be treated with kindness and none
of their goods or merchandise shall be taken from them.
If one kills another on a vessel, he shall be fastened to the
dead body and thrown with it into the sea.
If one steals from another on a vessel, he shall be shaven,
tarred and feathered, and turned ashore at the first land.