Chapter 11

The Times: 1485-1509

Henry Tudor and other exiles defeated and killed Richard III on

Bosworth field, which ends the civil War of the Roses between the

Lancaster and York factions. As King, Henry VII restored order to the

nation. He was readily accepted as king because he was descended from

the Lancaster royal line and he married a woman from the York royal

line. Henry was intelligent and sensitive. He weighed alternatives and

possible consequences before taking action. He was convinced by reason

on what plans to make. In his reign of 24 years, Henry applied himself

diligently to the details of the work of government to make it work

well. He strengthened the monarchy, shored up the legal system to work

again, and provided a peace in the land in which a renaissance of the

arts and sciences, culture, and the intellectual life could flourish.

His primary strategy was enacting and enforcing statutes to shore up

the undermined legal system, which includes the establishment of a new

court: the Court of the Star Chamber, to obtain punishment of persons

whom juries were afraid to convict. It had no jury and no grand jury

indictment. For speed and certainty, it tried people "ex officio": by

virtue of its office. Suspects were required to take an oath ex

officio, by which they swore to truthfully answer all questions put to

them. A man could not refuse to answer on the grounds of

self-incrimination. The Star Chamber was the room in which the King's

council had met since the 1300s.

The most prevalent problems were: murder, robbery, rape or

forced marriage of wealthy women, counterfeiting of coin, extortion,

misdemeanors by sheriffs and escheators, bribing of sheriffs and

jurors, perjury, livery and maintenance agreements, idleness, unlawful

plays, and riots. Interference with the course of justice was not

committed only by lords on behalf of their retainers; men of humbler

station were equally prone to help their friends in court or to give

assistance in return for payment. Rural juries were intimidated by the

old baronage and their armed retinues. Juries in municipal courts were

subverted by gangs of townsmen. Justices of the Peace didn't enforce

the laws. The agricultural work of the nation had been adversely

affected.

Henry made policy with the advice of his council and had

Parliament enact it into legislation. He dominated Parliament by having

selected most of its members. Many of his council were sons of

burgesses and had been trained in universities. He chose competent and

especially trusted men for his officers and commanders of castles and

garrison. The fact that only the king had artillery deterred barons

from revolting. Also, the baronial forces were depleted due to the

civil War of the Roses. If Henry thought a magnate was exercising his

territorial power to the King's detriment, he confronted him with an

army and forced him to bind his whole family in recognizances for large

sums of money to ensure future good conduct. Since the king had the

authority to interpret these pledges, they were a formidable check on

any activity which could be considered to be disloyal. The earl of

Kent, whose debts put him entirely at the King's mercy, was bound to

"be seen daily once in the day within the King's house". Henry also

required recognizances from men of all classes, including clergy,

captains of royal castles, and receivers of land. The higher nobility

now consisted of about twenty families. The heavy fines by the Star

Court put an end to conspiracies to defraud, champerty [an agreement

with a litigant to pay costs of litigation for a share in the damages

awarded], livery, and maintenance. The ties between the nobility and

the Justices of the Peace had encouraged corruption of justice. So

Henry appointed many of the lesser gentry and attorneys as Justices of

the Peace. Also he appointed a few of his councilors as nonresident

Justices of the Peace. There were a total of about thirty Justices of

the Peace per county. Their appointments were indefinite and most

remained until retirement or death. Henry instituted the Yeomen of the

Guard to be his personal bodyguards night and day.

Many bills of attainder caused lords to lose their land to the

King. Most of these lords had been chronic disturbers of the peace.

Henry required retainers to be licensed, which system lasted until

about 1600. Henry was also known to exhaust the resources of barons he

suspected of disloyalty by accepting their hospitality for himself and

his household for an extended period of time.

Henry built up royal funds by using every available procedure

of government to get money, by maximizing income from royal estates by

transferring authority over them from the Exchequer to knowledgeable

receivers, and from forfeitures of land and property due to attainders

of treason. He also personally reviewed all accounts and initialed

every page, making sure that all payments were made. He regularly

ordered all men with an income of 800s. [40 pounds] yearly from lands

or revenue in hand to receive knighthoods, which were avoided by those

who did not want to fight, or pay a high fee. As a result, the Crown

became rich and therefore powerful.

Henry's Queen, Elizabeth, was a good influence on his

character. Her active beneficence was a counteracting influence to his

avaricious predisposition. When Henry and his Queen traveled through

the nation, they often stopped to talk to the common people. They

sometimes gave away money, such as to a man who had lost his hand.

Henry paid for an intelligent boy he met to go to school.

Henry had the first paper mill erected in the nation. He

fostered the reading of books and the study of Roman law, the classics,

and the Bible. He had his own library and gave books to other libraries.

The age of entry to university was between 13 and 16. It took

four years' study of grammar, logic, and rhetoric to achieve the

Bachelor of Arts degree and another five before a master could begin a

specialized study of the civil law, canon law, theology, or medicine.

Humanist studies were espoused by individual scholars at the three

centers of higher learning: Oxford University, Cambridge University,

and the Inns of Court in London. The Inns of Court attracted the sons

of gentry and merchants pursuing practical and social accomplishments.

The text of "readings" to members of the inns survive from this time.

In the legalistic climate of these times, attorneys were prosperous.

The enclosure of land by hedges for sheep farming continued,

especially by rich merchants who bought country land for this purpose.

Often this was land that had been under the plough. Any villeins were

given their freedom and they and the tenants at will were thrown off it

immediately. That land held by copyholders of land who had only a life

estate, was withheld from their sons. Only freeholders and copyholders

with the custom of the manor in their favor were secure against

eviction. But they could be pressured to sell by tactics such as

breeding rabbits or keeping geese on adjoining land to the detriment of

their crops, or preventing them from taking their traditional short

cuts across the now enclosed land to their fields. The real line of

distinction between rural people was one of material means instead of

legal status: free or unfree. On one extreme was the well-to-do yeoman

farmer farming his own land. On the other extreme was the agricultural

laborer working for wages. Henry made several proclamations ordering

certain enclosures to be destroyed and tillage to be restored.

Other land put to use for sheep breeding was waste land. There

were three sheep to every person. The nearby woodlands no longer had

wolves or lynx who could kill the sheep. Bears and elk are also

gone.There were still deer, wild boar, wildcats and wild cattle in vast

forests for the lords to hunt. Wood was used for houses, arms, carts,

bridges, and ships.

The villages were still isolated from each other, so that a

visitor from miles away was treated as warily as a foreigner. Most

people lived and died where they had been born. A person's dialect

indicated his place of origin. The life of the village still revolved

around the church. In some parishes, its activities were highly

organized, with different groups performing different functions. For

example, the matrons looked after a certain altar; the maidens raised

money for a chapel or saw to the gilding of the images; the older men

collected money for church repair; and the younger men organized the

church ales and the church plays. Wills often left property or rents

from leased land to the church. Church cows and sheep given could be

leased out to villagers. Church buildings given could be leased out,

turned over to the poor, used to brew ale or bake bread for church

ales, or used in general as a place for church activities. Church ales

would usually a good source of income; alehouses would be closed during

the ceremonies and parishioners would contribute malt for the ale and

grain, eggs, butter, cheese, and fruits.

The largest town, London, had a population of about 70,000.

Other towns had a population less than 20,000. The population was

increasing, but did not reach the level of the period just before the

black death.

In most large towns, there were groups of tailors and

hatmakers, glovers, and other leatherworkers. Some towns had a

specialization due to their proximity to the sources of raw materials,

such as nails, cutlery, and effigies and altars. Despite the spread of

wool manufacturing to the countryside, there was a marked increase of

industry and prosperity in the towns. The principal streets of the

larger towns were paved with gravel. Guild halls became important and

imposing architecturally.

A large area of London was taken up by walled gardens of the

monasteries and large mansions. There were some houses of stone and

timber and some mansions of brick and timber clustered around palaces.

In these, bedrooms increased in number, with rich bed hangings, linen

sheets, and bolsters. Bedspreads were introduced. Nightgowns were worn.

Fireplaces became usual in all the rooms. Tapestries covered the walls.

Carpets were used in the private rooms. Some of the great halls had

tiled floors. The old trestle tables were replaced by tables with legs.

Benches and stools had backs to lean on. A long gallery was used for

exercise, recreation such as music and dancing, and private

conversations. Women and men wore elaborate headdresses. On the outer

periphery are taverns and brothels, both made of mud and straw. Houses

are beginning to be built outside the walls of London along the Thames

because the collapse of the power of the great feudal lords decreased

the fear of an armed attack on London. The merchants introduced this

idea of living at a distance from the place of work so that they could

escape living in the narrow, damp, and dark lanes of the City and have

more light and space. Indeed no baronial army ever threatened the king

again. East of London were cattle pastures, flour mills, bakers,

cloth-fulling mills, lime burners, brick and tile makers, bell

founders, and ship repairing. There was a drawbridge on the south part

of London Bridge for defense and to let ships through. Water sports

were played on the Thames such as tilting at each other with lances

from different boats.

The Tailors' and Linen Armorers' Guild received a charter in

1503 from the king as the "Merchant Tailors" to use all wares and

merchandise, especially wool cloth, as well wholesale as retail,

throughout the nation. Some schooling was now being made compulsory in

certain trades; the goldsmiths' company made a rule that all

apprentices had to be able to read and write. There are guilds of

ironmongers, salters, and haberdashers [hats and caps]

A yeoman was the second-rank person of some importance, below a

knight, below a gentleman, below a full member of a guild. In London,

it meant the journeyman or second adult in a small workshop. These

yeomen had their own fraternities and were often on strike. Some yeomen

in the large London industries, e.g. goldsmiths, tailors, cloth

workers, who had served an apprenticeship started their own businesses

in London suburbs outside the jurisdiction of their craft to search

them.

The Merchant Adventurers created a London fellowship

confederacy to make membership of their society and compliance with its

regulations binding on all cloth traders and to deal with common

interests and difficulties such as taxation, relations with rulers, and

dangers at sea. They made and enforced trading rules, chartered fleets,

and organized armed convoys when the seas were unsafe and coordinated

policies with Henry VII. Membership could be bought for a large fee or

gained by apprenticeship or by being the son of a member.

Tudor government was paternalistic, curtailing cutthroat

competition, fixing prices and wages, and licensing production under

grants of monopoly to achieve a stable and contented society and a fair

living for all.

Foreign trade was revived because it was a period of

comparative peace. The nation sought to sell as much as possible to

foreign nations and to buy at little as possible and thereby increase

its wealth in gold and silver, which could be used for currency.

Ships weighed 200 tons and had twice the cargo space they had

previously. Their bows were more pointed and their high prows made them

better able to withstand gales. The mariners' compass with a pivoting

needle and circular dial with a scale was introduced. The scale gave

precision to directions. Ships had three masts. On the first was a

square sail. On the second was a square sail with a small rectangular

sail above it. On the third was a three cornered lateen sail. These

sails make it possible to sail in almost any direction. This opened the

seas of the world to navigation. At this time navigators kept their

knowledge and expertise secret from others. Adventurous seamen went on

voyages of discovery, such as John Cabot to North America in 1497,

following Italian Christopher Columbus' discovery of the new world in

1492. Ferdinand Magellan of Portugal circumnavigated the world in 1519,

proving uncontrovertedly that the earth was spherical rather than flat.

Theologians had to admit that Jerusalem was not the center of the

world. Sailors overcame their fear of tumbling into one of the openings

into hell that they believed were far out into the Atlantic Ocean and

ceased to believe that a red sunset in the morning was due to a

reflection from hell. Seamen could venture forth into the darkness of

the broad Atlantic Ocean with a fair expectation of finding their way

home again. They gradually learned that there were no sea serpents or

monsters that would devour foolhardy mariners. They learned to endure

months at sea on a diet of salt beef, beans, biscuits, and stale water

and the bare deck for a bed. But there were still mutinies and

disobedient pilots. Mortality rates among seamen were high. There are

more navy ships, and they have some cannon.

The blast furnace was introduced in the iron industry. A blast

of hot air was constantly forced from a stove into the lower part of

the furnace which was heating at high temperature a mixture of the iron

ore and a reducing agent that combined with the oxygen released. After

the iron was extracted, it was allowed to harden and then reheated and

hammered on an anvil to shape it and to force out the hard, brittle

impurities. Blast furnace heat was maintained by bellows worked by

water wheels. Alchemists sought to make gold from the baser metals and

to make a substance that would give them immortality. There was some

thought that suffocation in mines, caverns, wells, and cellars was not

due to evil spirits, but to bad air such as caused by "exhalation of

metals".

In 1502, German Peter Henlein invented the pocket watch and the

mainspring inside it.

There were morality plays in which the seven deadly sins: pride,

covetousness, lust, anger, gluttony, envy, and sloth, fought the seven

cardinal virtues: faith, hope, charity, prudence, temperance, justice,

and strength, respectively, for the human soul. The play "Everyman"

demonstrates that every man can get to heaven only by being virtuous

and doing good deeds in his lifetime. It emphasizes that death may come

anytime to every man, when his deeds will be judged as to their

goodness or sinfulness. Card games were introduced. The legend of Robin

Hood was written down.

The Commons gained the stature of the Lords and statutes were

regularly enacted by the "assent of the Lords spiritual and temporal

and the Commons". The Commons now assented instead merely requested

enactments.

The Law

Royal proclamations clarifying, refining or amplifying the law

had the force of parliamentary statutes. In 1486, the King proclaimed

that "Forasmuch as many of the King our sovereign lord's subjects

[have] been disposed daily to hear feigned, contrived, and forged

tidings and tales, and the same tidings and tales, neither dreading God

nor his Highness, utter and tell again as though they were true, to the

great hurt of divers of his subjects and to his grievous displeasure:

Therefore, in eschewing of such untrue and forged tidings and tales,

the King our said sovereign lord straitly chargeth and commandeth that

no manner person, whatsoever he be, utter nor tell any such tidings or

tales but he bring forth the same person the which was author and

teller of the said tidings or tales, upon pain to be set on the

pillory, there to stand as long as it shall be thought convenient to

the mayor, bailiff, or other official of any city, borough, or town

where it shall happen any such person to be taken and accused for any

such telling or reporting of any such tidings or tales. Furthermore the

same our sovereign lord straitly chargeth and commandeth that all

mayors, bailiffs, and other officers diligently search and inquire of

all such persons tellers of such tidings and tales not bringing forth

the author of the same, and them set on the pillory as it is above

said." He also proclaimed in 1487 that no one, except peace officers,

may carry a weapon, e.g. bows, arrows, or swords, in any town or city

unless on a journey. He proclaimed in 1498 that no one may refuse to

receive silver pennies or other lawful coin as payment regardless of

their condition as clipped, worn, thin, or old, on pain of imprisonment

and further punishment.

A statute provided that: Lords holding castles, manors, lands

and tenements by knight's service of the king shall have a writ of

right for wardship of the body as well as of the land of any minor heir

of a deceased person who had the use [beneficial enjoyment of a trust]

of the land for himself and his heirs as if the land had been in the

possession of the deceased person. And if such an heir is of age, he

shall pay relief to the lord as if he had inherited possession of the

land. An heir in ward shall have an action of waste against his lord as

if his ancestor had died seised of the land. That is, lands of "those

who use" shall be liable for execution of his debt and to the chief

lord for his relief and heriot, and if he is a bondsman, they may be

seized by the lord. The king tried to retain the benefits of feudal

incidents on land by this Statute of Uses, but attorneys sought to

circumvent it by drafting elaborate and technical instruments to convey

land free of feudal burdens.

Any woman who has an estate in dower, or for a term of life, or

in [fee] tail, jointly with her husband, or only to herself, or to her

use, in any manors, lands, tenements, or other hereditaments of the

inheritance or purchase of her husband, or given to the said husband

and wife in tail, or for term of life, by any of the ancestors of the

said husband, or by any other person seised to the use of the said

husband, or of his ancestors, who, by herself or with any after taken

husband; discontinue, alienate, release, confirm with warranty or, by

collusion, allow any recovery of the same against them or any other

seised to their use, such action shall be void. Then, the person to

whom the interest, title, or inheritance would go after the death of

such woman may enter and possess such premises. This does not affect

the common law that a woman who is single or remarried may give, sell,

or make discontinuance of any lands for the term of her life only.

All deeds of gift of goods and chattels made of trust, to the

use of the giver [grantor and beneficiary of trust], to defraud

creditors are void.

It is a felony to carry off against her will, a woman with

lands and tenements or movable goods, or who is heir-apparent to an

ancestor. This includes taking, procuring, abetting, or knowingly

receiving a woman taken against her will.

A vagabond, idle, or suspected person shall be put in the

stocks for three days with only bread and water, and then be put out of

the town. If he returns, he shall spend six days in the stocks. (A few

years later this was changed to one and three days, respectively.)

Every beggar who is not able to work, shall return to the hundred where

he last dwelled, is best known, or was born and stay there.

No one may take pheasants or partridges by net snares or other

devices from his own warren [breeding ground], upon the freehold of any

other person, or else forfeit 200s., one half to the owner of the land

and the other half to the suer. No one may take eggs of any falcon,

hawk, or swan out of their nest, whether it is on his land or any other

man's land, on pain of imprisonment for one year and fine at the King's

will, one half to the King, and the other half to the holder of the

land, or owner of the swan. No man shall bear any English hawk, but

shall have a certificate for any imported hawk, on pain for forfeiture

of such. No one shall drive falcons or hawks from their customary

breeding place to another place to breed or slay any for hurting him,

or else forfeit 200s. after examination by a Justice of the Peace, one

half going to the king and one half to the suer.

Any person without a forest of his own who has a net device

with which to catch deer shall pay 200s. for each month of possession.

Anyone stalking a deer with beasts anywhere not in his own forest shall

forfeit 200s. Anyone taking any heron by device other than a hawk or

long bow shall forfeit 6s.8d. No one shall take a young heron from its

nest or pay 10s. for each such heron. Two justices may decide such an

issue, and one tenth of the fine shall go to them.

No man shall shoot a crossbow except in defense of his house,

other than a lord or one having 2,667s. of land because their use had

resulted in too many deer being killed. (The longbow was not forbidden.)

No beasts may be slaughtered or cut up by butchers within the

walls of a town, or pay 12d. for every ox and 8d. for every cow or

other beast, so that people will not be annoyed and distempered by foul

air, which may cause them sickness.

No tanner may be a currier [dressed, dyed, and finished tanned

leather] and no currier may be a tanner. No shoemaker [cordwainer] may

be a currier and no currier may be a shoemaker. No currier shall curry

hides which have not been tanned. No tanner shall sell other than red

leather. No tanner may sell a hide before it is dried. No tanner may

tan sheepskins.

No long bow shall be sold over the price of 3s.4d.

Good wood for making bows may be imported without paying

customs.

No grained cloth of the finest making shall be sold for more

than 16s., nor any other colored cloth for more than 11s. per yard, or

else forfeit 40s. for every yard so sold. No hat shall be sold for more

than 20d. and no cap shall be sold for more than 2s.8d., or else

forfeit 40s. for each so sold.

Silver may not be sold or used for any use but goldsmithery or

amending of plate to make it good as sterling, so that there will be

enough silver with which to make coinage.

Each feather bed, bolster, or pillow for sale shall be stuffed

with one type of stuffing, that is, dry pulled feathers or with clean

down alone, and with no sealed feathers nor marsh grass, nor any other

corrupt stuffings. Each quilt, mattress, or cushion for sale shall be

stuffed with one type of stuffing, that is, clean wool, or clean flocks

alone, and with no horsehair, marsh grass, neatshair, deershair, or

goatshair, which is wrought in lime fats and gives off an abominable

and contagious odor when heated by a man's body, on pain of forfeiture

of such.

Salmon shall be sold by standard volume butts and barrels.

Large salmon shall be sold without any small fish or broken-bellied

salmon and the small fish shall be packed by themselves only, or else

forfeit 6s.8d. Herring shall be sold at standard volumes. The herring

shall be as good in the middle and in every part of the package as at

the ends of the package, or else forfeit 3s.4d. Eels shall be sold at

standard volumes, and good eels shall not be mixed with lesser quality

eels, or else forfeit 10s. The fish shall be packed in the manner

prescribed or else forfeit 3s.4d. for each vessel.

Fustians shall always be shorn with the long shear, so that it

can be worn for at least two years. If an iron or anything else used to

dress such injures the cloth so that it wears out after four months,

20s. shall be forfeited for each default, one half to the king and the

other half to the suer.

Pewter and brass ware for sale shall be of the quality of that

of London and marked by its maker, on pain of forfeiture of such, and

may be sold only at open fairs and markets or in the seller's home, or

else forfeit 200s. If such false ware is sold, its maker shall forfeit

its value, one half to the king and one half to the searchers. Anyone

using false weights of such wares shall forfeit 20s., one half to the

king and one half to the suer, or if he cannot pay this fine, to be put

in the stocks until market day and then be put in the pillory all the

market time.

No alien nor denizen [foreigner allowed to reside in the nation

with certain rights and privileges] may carry out of the nation any raw

wool or any woolen cloth which has not been barbed, rowed, and shorn.

Silk ribbons, laces, and girdles of silk may not be imported,

since they can be made in the nation.

No one shall import wine into the nation, but on English ships,

or else forfeit the wine, one half to the king and one half to the

seizer of the wine.

No one may take out of the nation any [male] horse or any mare

worth more than 6s.8s. or under the age of three years, upon pain of

forfeiture of such. However, a denizen may take a horse for his own use

and not to sell. This is to stop losing horses needed for defense of

the nation and to stop the price of a horse from going up.

Freemen of London may go to fairs and markets with wares to

sell, despite the London ordinance to the contrary.

Merchants residing in the nation but outside London shall have

free access to foreign markets without exaction taken of more than

133s. sterling by the confederacy of London merchants, which have

increased their fee so much, 400s., that merchants not in the

confederacy have been driven to sell their goods in London for less

than they would get at a foreign market. Exacting more is punishable by

a fine of 400s. and damages to the grieved party of ten times the

excess amount taken.

For the privilege of selling merchandise, a duty of scavage

shall be taken of merchant aliens, but not of denizens. Any town

official who allows disturbing of a person trying to sell his

merchandise because he has not paid scavage, shall pay a fine of 400s.

Coin clipped or diminished shall not be current in payment, but

may be converted at the King's mint into plate or bullion. Anyone

refusing to take coins with only normal wear may be imprisoned by the

mayor, sheriff, bailiff, constable or other chief officer. New coins,

which have a circle or inscription around the outer edge, will be

deemed clipped if this circle or inscription is interfered with.

The penalty for usury is placement in the pillory, imprisonment

for half a year, and a fine of 400s. (The penalty was later changed to

one half thereof.)

Lawbooks in use at the Inns of Court included "The Books of

Magna Carta with diverse Old Statutes", "Doctor and Student" by St.

Germain, "Grand Abridgment" by Fitzherbert, and "New Natura Brevium" by

Lombard.

Judicial Procedure

This statute made changes in the judicial process: The

Chancellor, Treasurer, keeper of the King's privy seal, or two of them,

with a bishop selected by them, and a temporal lord of the King's

council selected by them, and the two Chief Justices of the King's

Bench shall constitute the Court of the Star Chamber. It shall have the

authority to call before it by writ or by privy seal anyone accused of

"unlawful maintenances, giving of liveries, signs and tokens, and

retainers by indentures, promises, oaths, writings, or otherwise

embraceries of his subjects" and witnesses, and impose punishment as if

convicted under due process of law. These laws shall now be enforced:

If a town does not punish the murderer of a man murdered in the town,

the town shall be punished. A town shall hold any man who wounds

another in peril of death, until there is perfect knowledge whether the

man hurt should live or die. Upon viewing a dead body, the coroner

should inquire of the killers, their abettors, and anyone present at

the killing and certify these names. In addition, the murderer and

accessories indicted shall be tried at the King's suit within a year of

the murder, which trial will not be delayed until a private suit is

taken. If acquitted at the King's suit, he shall go back to prison or

let out with bail for the remainder of the year, in which time the

slain man's wife or next of kin may sue. For every inquiry made upon

viewing a slain body, coroners shall be paid 13s.4d. out of the goods

of the slayer or from a town not taking a murderer, but letting him

escape. If the coroner does not make inquiry upon viewing a dead body,

he shall be fined 100s. to the King. If a party fails to appear for

trial after a justice has taken bail from him, a record of such shall

be sent to the King.

Henry sat on the Star Chamber. Up to 1600, it heard many cases

of forgery, perjury, riot, maintenance, fraud, libel, and conspiracy.

It could mete out any punishment, except death or any dismemberment.

This included life imprisonment, fines, pillory, whipping, branding,

and mutilation. If a Justice of the Peace does not act on any person's

complaint, that person may take that complaint to another Justice of

the Peace, and if there is no remedy then, he may take his complaint to

a Justice of Assize, and if there is not remedy then, he may take his

complaint to the King or the Chancellor. There shall then be inquiry

into why the other justices did not remedy the situation. If it is

found that they were in default in executing the laws, they shall

forfeit their commissions and be punished according to their demerits.

Justices of the Peace shall make inquiry of all offenses in

unlawful retaining, examine all suspects, and certify them to the

King's Bench for trial there or in the King's council, and the latter

might also proceed against suspects on its own initiative on

information given.

Perjury committed by unlawful maintenance, embracing, or

corruption of officers, or in the Chancery, or before the King's

council, shall be punished in the discretion of the Chancellor,

Treasurer, both the Chief Justices, and the clerk of the rolls.

The Star Chamber, Chancellor, King's Bench and King and council

have the power to examine all defendants, by oath or otherwise, to

adjudge them convicted or attainted. They can also be found guilty by

confession, examination, or otherwise. If a defendant denied doing the

acts of which he is convicted, he was subject to an additional fine to

the king and imprisonment. Violations of statutes may be heard by the

Justices of Assize or the Justices of the Peace, except treason,

murder, and other felony.

Actions on the case shall be treated as expeditiously in the

courts of the King's Bench and Common Pleas as actions of trespass or

debt.

Proclamation at four court terms of a levy of a fine shall be a

final end to an issue of land, tenements, or other hereditaments and

the decision shall bind persons and their heirs, whether they have

knowledge or not of the decision, except for women-covert who were not

parties, persons under the age of twenty-one, in prison, out of the

nation, or not of whole mind, who are not parties. These may sue within

five years of losing such condition. Also, anyone not a party may claim

a right, title, claim, or interest in the said lands, tenements, or

other hereditaments at the time of such fine recorded, within five

years after proclamations of the fine.

A defendant who appeals a decision for the purpose of delaying

execution of such shall pay costs and damages to the plaintiff for the

delay.

No sheriff, undersheriff, or county clerk shall enter any

complaints in their books unless the complaining party is present. And

no more complaints than the complaining party knows about shall be

entered. The penalty is 40s. for each such false complaint, one half to

the king and the other half to the suer after examination by a Justice

of the Peace. This is to prevent extortion of defendants by false

complaints. The justice shall certify this examination to the King, on

pain of a fine of 40s. A bailiff of a hundred who does not do his duty

to summon defendants shall pay a fine of 40s. for each such default,

after examination by a Justice of the Peace. Sheriffs' records of fines

imposed and bailiffs' records of fines collected may be reviewed by a

Justice of the Peace to examine for deceit.

Any sheriff allowing a prisoner to escape, whether from

negligence or for a bribe, shall be fined, if the prisoner was indicted

of high treason, at least 1,333s. for each escape. However, if the

prisoner was in their keeping because of a suspicion of high treason,

the fine shall be at least 800s.; and if indicted of murder or petite

treason, at least 400s.; and if suspected of murder or petite treason,

200s.; and if suspected of other felonies, 100s. Petite treason was

that by a wife to her husband or a man to his lord.

Any person not responding to a summons for jury service shall

be fined 12d. for the first default, and 2s. for the second, and double

for each subsequent default.

A pauper may sue in any court and be assigned a attorney at no

cost to him.

A Justice of the Peace to whom has been reported hunting by

persons disguised with painted faces or visors or otherwise, may issue

a warrant for the sheriff or other county officer to arrest such

persons and bring them before the justice. Such hunting in disguise or

hunting at night or disobeying such warrant is a felony. This is to

stop large mobs of disguised people from hunting together and then

causing riots, robberies, and murders.

Benefit of clergy may be used only once, since this privilege

has made clerics more bold in committing murder, rape, robbery, and

theft. However, there will be no benefit of clergy in the case of

murder of one's immediate lord, master, or sovereign. (This begins the

gradual restriction over many years of benefit of clergy until it

disappears. Also, benefit of clergy was often disregarded in unpeaceful

times.)

For an issue of riot or unlawful assembly, the sheriff shall

call 24 jurors, each of lands and tenements at least 20s. of charter

land or freehold or 26s.8d. of copyhold or of both. For each default of

the sheriff, he shall pay 400s. And if the jury acquits, then the

justice, sheriff, and under-sheriff shall certify the names of any

jurors maintained or embraced and their misdemeanors, or else forfeit

400s. Any person proved to be a maintainer or embracer shall forfeit

400s. to the king and be committed to ward.

The principal leaders of any riot or unlawful assembly shall be

imprisoned and fined and be bound to the peace with sureties at a sum

determined by the Justices of the Peace. If the riot is by forty people

or heinous, the Justices of Peace shall certify such and send the

record of conviction to the King.

The King's steward, Treasurer, and comptroller have authority

to question by twelve discreet persons any servant of the king about

making any confederacies, compassings, conspiracies, or imaginations

with any other person to destroy or murder the king or one of his

council or a lord. Trial shall be by twelve men of the King's household

and punishment as by felony in the common law.

Ohanges in the judicial process other than those made by

statute were made by court decision. For instance, the royal justices

decided that only the king could grant sanctuary for treason and not

the church. After this, the church withdrew the right of sanctuary from

second time offenders.

The King's council has practically limited itself to cases in

which the state has an interest, especially the maintenance of public

order. Chancery became an independent court rather than the arm of the

king and his council. In Chancery and the King's Bench, the

intellectual revival brought by humanism inspires novel procedures to

be devised to meet current problems in disputed titles to land,

inheritance, debt, breach of contract, promises to perform acts or

services, deceit, nuisance, defamation, and the sale of goods.

A new remedy is specific performance, that is, performance of

an act rather than money damages.

Evidence is now taken from witnesses.

Various courts had overlapping jurisdiction. For instance,

trespass could be brought in the Court of Common Pleas because it was a

civil action between two private persons. It could also be brought in

the Court of the King's Bench because it broke the King's peace. It was

advantageous for a party to sue for trespass in the King's court

because there a defendant could be made to pay a fine to the king or be

imprisoned, or declared outlaw if he did not appear at court.

A wrongful step on the defendant's land, a wrongful touch to

his person or chattels could be held to constitute sufficient force and

an adequate breach of the king's peace to sustain a trespass action.

Trespass on the case did not require the element of force or of breach

of the peace that the trespass offense requires. Trespass on the case

expands in usage to cover many types of situations. Stemming from it is

"assumpsit", which provided damages for breach of an oral agreement and

for a written agreement without a seal.

Parliament's supremacy over all regular courts of law was

firmly established and it was called "the high court of Parliament",

paradoxically, since it rarely came to function as a law court.

When a land holder enfeoffs his land and tenements to people

unknown to the remainderman in [fee] tail, so that he does not know who

to sue, he may sue the receiver of the profits of the land and

tenements for a remedy. And the receivers shall have the same

advantages and defenses as the feoffees or as if they were tenants. And

if any deceased person had the use for himself and his heirs, then any

of his heirs shall have the same advantages and defenses as if his

ancestor had died seised of the land and tenements. And all recoveries

shall be good against all receivers and their heirs, and the feofees

and their heirs, and the co- feoffees of the receivers and their heirs,

as though the receivers were tenants indeed, or feofees to their use,

or their heirs of the freehold of the land and tenements.

If a person feoffs his land to other persons while retaining

the use thereof for himself, it shall be treated as if he were still

seised of the land. Thus, relief and heriot will still be paid for land

in socage. And debts and executions of judgments may be had upon the

land and tenements.

The penalty for not paying customs is double the value of the

goods.

The town of London shall have jurisdiction over flooding and

unlawful fishing nets in that part of the Thames River that flows next

to it.

The city of London shall have jurisdiction to enforce free

passage of boats on the Thames River in the city, interruption of which

carries a fine of 400s., two-thirds to the king and one third to the

suer.

Jurors impaneled in London shall be of lands, tenements, or

goods and chattels, to the value of 133s. And if the case concerns debt

or damages at least 133s, the jurors shall have lands, tenements,

goods, or chattels, to the value of 333s. This is to curtail the

perjury that has gone on with jurors of little substance, discretion,

and reputation.

A party grieved by a false verdict of any court in London may

appeal to the Hustings Court of London, which hears common pleas before

the mayor and aldermen. Each of the twelve alderman shall pick from his

ward four jurors of the substance of at least 2,000s. to be impaneled.

If twenty-four of them find that the jurors of the petty jury has given

an untrue verdict, each such juror shall pay a fine of at least 400s.

and imprisonment not more than six months without release on bail or

surety. However, if it is found that the verdict was true, then the

grand jury may inquire if any juror was bribed. If so, such juror

bribed and the defendant who bribed him shall each pay ten times the

amount of the bribe to the plaintiff and be imprisoned not more than

six months without release on bail or surety.

The Bishop's Court in London had nine offenders a week by 1500. Half of

these cases were for adultery and sexual offenses, and the rest were

for slander, blasphemy, missing church services, and breach of faith.

Punishment was penance by walking barefoot before the cross in the

Sunday Procession dressed in a sheet and holding a candle.

The following is an example of a case in the chancery court. "A

subpoena was sued against Sir William Capell in Chancery because the

plaintiff in the subpoena had borrowed 60 pounds from him in plate,

which he sold for 40 pounds, and was also bound by a statute-merchant

to the aforesaid Sir William in 80 pounds for payment of this money,

and had also made a feoffment to certain persons of certain land and by

indenture willed that if he paid the 60 pounds the feoffees should be

feooffees to his use, but otherwise they should be feoffees to the use

of the said Sir William; and he did not pay the money and so Sir

William took the profits of the land and sued execution of the

statute-merchant.

Kebell thought he could have this land in conscience, even though he

had execution of the statute-merchant, because he does not have this

land in return for the money in such a way that he is paid twice, but

has it by way of penalty; and (the plaintiff) may bind himself to that,

just as he may give the land away for nothing. If someone holds of me

in return for one penny of rent, he may bind himself in 100 pounds for

payment of this rent and if he fails I may have this penalty in

conscience.

THE CHANCELLOR. When someone is beholden in another in a principal

debt, the debtee cannot in conscience take anything in respect of this

indebtedness except the principal debt, even if the debtor is bound to

him in twenty penalties.

Kebell. In that case you might do much good to those who are bound in

this court to keep the peace and are to forfeit their bonds.

THE CHANCELLOR. The sum which is forfeited for breaking the peace may

be taken in conscience, for nothing can be well done nor can the realm

be governed without peace. This court could not be held without peace.

Therefore it is right that whoever acts against the peace should be

punished. And by breaking the peace a crime is committed, and therefore

it is right that he should pay this forfeiture. (But THE CHANCELLOR

held in this case that the debtee may in conscience take so much of the

penalty as represents his damage by the withholding of the debt.)"

This is the case of the Earl of Suffolk v. Berney in the Common

pleas court: " If the parker of a park licences a man to kill deer in

the park, and he kills a deer by virtue of this licence, both of them

commit trespass; for he has no authority to do this, his authority

being to keep and not to give or sell. But if someone has a warrant to

take a deer, and he is a gentleman, he may take company with him and

hunt there for the same deer according to his degree (but not

otherwise). And it was held that if a parker has a warrant for a deer,

and by virtue of that he requests various people to help him kill this

deer, everyone who goes with him may chase after it by licence from the

parker by parol, without writing."

An example of a manorial case is: "And they present that

Margaret Edmond, who held of the lord according to the custom of the

manor one cottage with curtilage, four acres of land and one acre of

meadow lately in the tenure of William Crosse, took as her husband a

certain unknown outsider without the lord's licence. Therefore she

forfeited her estate in the aforesaid cottage and land, by reason of

which there accrues to the lord as a heriot one heifer, price 4s. And

thereupon William Staunton came and took the said cottage, land and

meadow from the lord, to hold to himself and his according to the

custom of the manor, rendering 3s. therein to the lord yearly at the

terms usual there, thus 3d. yearly of increment for rent. And he will

give the lord 2s. in the name of heriot when it should accrue.. And he

gives nothing to the lord as a fine, but he did fealty to the lord.

Another manorial case is: And that John Mille, who held of the

lord for the term of his life according to the custom of the aforesaid

manor as of the part of Thomas Long, knight, one messuage and three

yardlands of land there by the rent and services therein owed, has

ended his last day since the last court, whereof there accrues to the

lord as heriot one horse, price 10s. And that Edith, the wife of the

said John, claims to hold the aforesaid messuage and land with the

appurtenances while she should keep herself single and chaste according

to the custom of the aforesaid manor. And she did fealty to the lord.

And she was admitted as tenant therein by the pledge of William Spenser

and John Smyth, both for the matter and for repair of the aforesaid

tenement etc."`

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 · 第 12 / 23 章