Our Legal Heritage, King AEthelbert, 596 to King George III, 1775

mes: 1

Matilda. She married him on condition that he grant a charter of rights undoing some practices of the past reigns of William I and William II. Peace was also furt

s intelligent and a good administrator. He had an efficient intelligence gathering network and an uncanny knack of detecting hidden plans before they became conspiratorial action. He made many able men of inferior social position nobles, thus creating a class of career judges

administered through their own officers, and were frequently composed of escheated honors. Matilda was learned and a literary patron. She founded an important literary and scholastic center. Her compassion

ns by previous Kings, which set a precedent for later Kings. His coronation charter de

rse of Abbetot, and to all his barons and faithful vassa

reverence towards God and by the love I bear you all, make free the Church of God; so that I will neither sell nor lease its property; nor on the death of an archbishop or a bishop or an abbot will I take anything from the demesne of

s wont to do in the time of my brother [William II (Rufus)], but he shall henceforth redeem it by means of a just and lawfu

unless he wishes to give her in marriage to one of my enemies. And if, on the death of one of my barons or of one of my tenants, a daughter should be his heir, I will dispose of her in marriage and of her lands according to the counsel given me by

will not give her in marriage except with her consent. And the guardian of the land, and of the children, shall be either the widow or another

h has been taken from the towns and counties, shall henceforth be levied, since it was not so levied in the time of King Edward

ngs which were agreed to belong to the inheritance of others, or to concern the property which justly belonged to others. And if an

ording to his desires. But if, prevented either by violence or through sickness, he shall die intestate as far as concerns his movable propert

e time of my father [William I] and my brother; but he shall only make payment according to the extent of his legal forfeiture, as was done before the time of

ich I was crowned King; and such murder fines as shall now be incurred

ons I have retained the forests in my

ands quit of all gelds [money payments] and all work; I make this concession as my own free gift in order that, being thus relieved of so great a b

all my kingdom, and I order that t

gether with such emendations to it as my father

or the property of any other man, let him speedily return the whole of it. If he does this no penalty

shop of Herefore; Henry the earl; Simon the earl; Walter Giffard; Robert of Montfor

n I was crown

came a force to be reckoned with by the multiplication of justices. Henry had a great resp

out of every hundred marks of silver paid, in the way of fine or oth

for his new social status as well as have royal permission. A man could also be awarded land which had escheated to the King. If a noble woman wanted to hold land in her own right, she

ommon to the castle. There were shuttered windows to allow in light, but which also let in the wind and rain when open. The roof was of thatch or narrow overlapping wood shingles. The stone floor was strewn with hay and there was a hearth near the center of the fl

ehold was passed. There, meals were served. The daily diet typically consisted of milk, soup, porridge, fish, vegetables, and bread. Open hospitality accompanied this communal living. There was little privacy. Manor household villeins

nights was still built of wood, alth

ousehold and each villein's. The villeins held land of their lord for various services such as agricultural labor or raising domestic animals. The villeins worked about half of their time on their lord's fields [his demesne land], which was about a third of the farmland. This work was primarily to gather the harvest and to plough with oxen, using a yoke over their shoulders, and to sow in autumn and Lent. They threshed grain on barn floors with flails cut from holly or thorn, and removed the kernels from the shafts by hand. Work lasted from sunrise to sunset and

norial court for the lord. The steward held his land of the lord by serjeanty, which was a specific service to the lord. Other serjeanty services were carrying the lord's shield and arms, finding attendants and esquires for knights, helping in the lord's hunting expeditions, looking after his hounds, bringing fuel, doing carpentry, and forging irons for ploughs. The Woodward preserved the timber.

ure of wheat, barley, and rye flour, herrings or other salt fish, and some salted or smoked bacon. Butter had first been used for cooking and as a medicine to cure constipation and for puny children it could be salted down for the winter. The bread had been roasted on the stones of the fire; later there were communal ovens set up in villages. Cooking was done over the fire by boiling in iron pots hung from an iron tripod, or sitting on the hot stones of the fire. They ate from wood bowls using a wood spoon. When they had fresh meat, it could be roasted on a spit. Liquids were heated in a kettle. With drinking horns, they drank water, milk, buttermilk, apple cider, mead, ale made from barley malt, and bean and vegetable broth. They used jars and other earthenware, e.g. for storage of salt. They slept on straw mattresses or sacks on the floor or on benches. The villein regarded his bed area as the safest place in the house, as did people of all ranks, and kept his treasures there, which included his farm implements, as well as hens on the beams, roaming pigs, and stalled oxen, cattle, and horse

there would be an outbreak of a nervous disorder due to the ergot fungus growing in the rye used for bread. This manifested itself in appare

farm land as his ancestor ceorl had, now was so bound to the land that he could not leave or marry or sell an ox without his lord's consent. If the manor was sold, the villein was sold as a part of the manor. When his daughter or son married, he had to pay a "merchet" to his lord. He could not have a son educated without the lord's permission, and this usually involved a fee to the lord. His best beast at his death, or "heriot", went to his lord. If he wanted permission to live outside the manor, he

, a millwright, a tiler and thatcher, a shoemak

roduce to the nearest town and walk back again in the daylight hours of one day. In this local marke

ldren. Then it was spun by a spinning wheel into thread, usually by the wife. On a double frame loom, a set of parallel threads was strung lengthwise. A device worked by a pedal lifted half of these threads --every other thread--while the other half remained in place. Between the lifted threads and the stationary threads a shuttle was thrown by the weaver from one hand to an

these treads would wear and break, whereas the weft on which there was little strain remained intact. None of the cotton ya

usually only one piece, to the weekly market to sell. The weavers stood at the market holding up their cloth. The cloth merchant who bought the cloth then had it dyed or dressed according to his requirements. Its surface could be raised with teazleheads and cropped or sheared to make a nap. Some cloth was sold to tailors to make into clothes. Often a weaver had a horse for travel, a cow for milk, chickens for eggs, perhaps a few cattle, and some grazing land. Butchers bought, slaughtered, and cut up animals to sell as meat. Some was s

ce with staves shod with iron. On summer holydays, they exercised in leaping, shooting with the bow, wrestling, throwing stones, and darting a thro

. The cloak generally had a hood and was fastened at the neck with a brooch. Underneath the cloak was a simple gown with sleeves tight at the wrist but full at the armhole, as if cut from the same piece of c

on. In flat areas, slow rivers could be supplemented by creating artificial waterfalls, for which water was raised to the level of reservoirs. There were also some iron-smelting furnaces. Coal mining underground began as

where main roads joined. They had plots narrow in frontage along the road and deep. Their shops faced the road, with living space behin

rown rather than the sheriff. This they did by obtaining a charter renting the town to the burghers at a fee farm rent equal to the sum thus deducted from the amount due from the county. Such a town was called a "borough" and its citizens or landholding freemen "burgesses". To be free of something meant to have exclusive rights and privileges with respect to it. Selling wholesale could take place only in a borough. Burgesses were free to marry. They were not subje

annual payments (twelve pounds of silver for London. They paid an annual tribute and were given a monopoly of weaving cloth within a radius of several miles. Guild rules covered attendance of the members at church services, the promotion of pilgr

r trade depended. Streets were often named by the trade located there, such as Butcher Row, Pot Row, Cordwainer Row, Ironmonger Row, Wheeler Row, and Fish Row. Hirers of labor and sellers of wheat, hay,

ers, tanners, shoemakers, woolmen, weavers, fishmongers, armorers, and swordsmiths. There were bakehouses at which one could leave raw joints of meat to be cooked and picked up later. These businesses had in common four fears: royal interference, foreign competition, displacement by new crafts, and violence by the poor and escaped villeins who found their way to the city. When a non-freeholder stayed in London he had to find for frankpledge, three sureties for good behavior. Failure to do so was a felony and the ward would eject him to avoid the charge of harboring him with i

rk was suspended for one month at harvest time. London received this charter for sel

and the bishops, abbots, earls, barons, justiciars, sheriffs and all his loyal

[yearly], upon these terms: that the citizens themselves [may] appoint a sheriff, such as they desire, from among themselves, and a justiciar, such as they desire,

hatsoever outside the City walls. And they shall be exempt

shall take part i

a of the Crown, he shall clear himself, as a citizen of

f the King] within the walls of the city nor shall hospitality be f

be exempt and free, both throughout England and in the seaports,

criminal matters] along with all their dues, in such a way that lessees who occupy property in districts under private juris

y for an offense is not designated by statute] to forfeiture of a sum greater

n to be summoned to court] in a husting [weekly court] or in a folkm

ourt] shall sit onc

the property mortgaged to them and the debts

led in suit before me, I shall maintain justice

shall [have the right to] seize [by process of law] from the town or village where the toll or tax was

l pay them or shall clear themselves in Lond

e the right to] seize [by process of law] their goods [including those in the hands of a third party, and bring them]

nting rights as their ancestors ever did, namely

d at Wes

e, the disadvantage of not knowing local customs, and the difficulty of speaking in the language of the King's court rather than in English. The right of redr

he king as having certain customs, so

rgesses of Newcastle upon Tyne had in the ti

their own market, within or without their own houses, and within or without their own borough without the leave of the reeve, u

rain upon a burgess witho

let the debtor restore it in the borough if he admits the d

ough shall be held and concluded

plaint, he shall not plead without the boroug

less he have fallen into 'miskenning' [error in ple

th and wishes to depart, the burgess

s and a merchant, it shall be conclu

ght by sea must be landed, except salt;

y and without claim, he shall not answer a claimant, unless the claiman

shall be included in his father's

ar and a day as a burgess, he shall abide altogether, unless notice

attle with the burgess, but the burgess shall defend himself by his law, unles

l by] battle against a foreigner, u

tside] the town either wool or leather or other merch

rfeit, he shall give six o

ng off a daughter] nor heriot nor bloodwite [fine for drawi

n oven and handmill if he will, sa

interfere but the reeve. If she forfeit twice, she shall be cha

bs [woven fabrics just taken off the

d and go whither he will freely and quie

ts, weapons and armor. Ships could carry about 300 people. Navigation was by simple charts that included wind direction for different seasons and the direction of

The story at this time stressed Arthur as a hero and went as follows: Arthur became king at age 15. He had an inborn goodness and generosity as well as courage. He and his knights won battles against foreign settlers and neighboring clans. Once, he and his men surrounded a camp of foreigners until they gave up their gold and silver rather than starve. Arthur married Guenevere and established a court and retinue. Leaving Britain in the

, secular literature, law, and medi

royal estates was received by the Exchequer and then commingled with the other funds. Each payment was indicated by notches on a stick, which was then split so that the payer and the receiver each had a half showing the notches. The Exchequer was the great school for training statesmen, justices, and bishops. The Chancellor managed the domestic matters of the Crown's castles and lands. The great off

the kingdom. Certain inhabitants thereof supplied the royal foresters with meat and drink and received certain easements and rights of common therein. The forest law reached the extreme of severit

vily in debt to the Jews. The interest rate was 43% (2d

e

alse and bad money should be amended, so that he who was caught passing bad denarii should not escape by redeeming himself but should lose his eyes and members. And since denarii were often picked out, bent, broken, and refu

n, he shall lose his skin." A "verderer" was responsible for enforcing this law, which also stated that: "If anyone does offer force to a Verderer, if he be a freeman, he sh

nd's freehold land, unless his endowment of

he King however much there is, and it shall be charged in the render of his farm [payment] as good, and the body of

e year and a day, and the debtor will not deny the debt or deliver the gage, and this is proved, the burgess may sell the gage before good witnesses for as much as he can, and dedu

ugh was punishable by p

s own day. The "Liberi Quadripartitus" aimed to include all English law of the time. This showed an awareness of the ideal of written law as a statement

couple living together could be deemed married. Persons related by blood within certain degrees, which changed over time, of consanguinity were forbidden to marry. This was the only ground for annulment of a marriage. A legal separation could be given for adultery, cruelty, or heresy. Annulment, but not separation, could result in remarriage. F

al Pro

ed the proper people and preserved order at the county courts and presided over the nonroyal pleas and hundred courts. He impaneled recognitors, made arrests, and enforced the decisions of the royal courts. Also there are manor courts, borough courts, and ecc

ed felonies. Other offenses were: housebreaking, ambush, certain kinds of theft, premeditated assault, and harboring outlaws or excommunicants. Henry personally presided over hearings of important legal cases. He punished crime severely. Offenders

n increased the range of offenses subject to its jurisdiction and arrogated to itself profits from the penalties impo

ervants, contempt or slander of the King, and violation of his protection or his law. It heard these offenses against royal authority: complaints of default of ju

as treason, felony, misprision of treason, or contempt, depending on

ubsequent to appeals to the king in landlord-tenant relations, brought by a lord or by an undertenant. Assizes [those who sit together] of local people who knew relevant facts were put together to assist the court. Henry appointed some locally based justices, called justiciars. Also, he sent justices out on eyres [journeys] to hold assizes. This was done at special sessions of the county courts, hundred courts, and manor court

and amercements. It also decided cases in which the powers of the popular courts had been exhausted or had failed to do

ated still at Winchester. These sums included rent from royal estates, the Danegeld land tax, the fines from local courts, and aid from baronial estates. Its records w

uals and their taxes due to the King. The county court decided land dis

d manor courts. They owed "suit" to it. The suitors found the do

eld one's hands and feet. Here the public could scorn and hit the offender or throw fruit, mud, and dead cats at him. For sex offenders and informers, stones were usually thrown. Sometimes a person was stoned to death. The

, and sometimes the lord or his steward in his place. Sometimes the chief pledges were present to represent all the men in their respective frankpledges. The bailiff presided over all th

se on the lord's land, and land disputes. This court also made the decision of whether a certain person was a villein or freeman. The manor court took over issues which had o

and weights, as well as issues between people who lived in the borough. The boroug

nal pleader-attorneys to advise th

ties were intended to reform and determined on a case-by-case basis. The canon law of Christendom was followed, without much change by the English church or nation. Penalties could include confession and public repentance of the sin before the parish, making apologies and reparation to persons affected, public embarrassment such as being dunked in water (e.g. for women scolds), walking a route barefoot and clad only in one's underwear, whippings, extra work, fines, and imprisonment in a "penitentiary" to do penance. The ultimate punishment was excommunication with social ostracism. Then no one could give the person drink, food, or shelter and he could speak only to his spouse and servants. Excommunication included denial of the sacraments of baptism, penance, mass, and extreme unction [prayers for spiritual healing] at death; which were necessary for salvation of the soul; and the sacrament of confirmation of one's belief in the tenets of Christianity. A person could also be denied a Christian burial in consecrated ground. However, the person could still marry and make a will. The king's court could order a recalcitrant excommunicant imprisoned until he satisfied th

leaves] and venison, and foresters of the king and of the lords who had lands within the limits of the forests. Every three years, the officers visited the forests in preparation for the courts of the forest held by the itinerant justices. The inferior courts were the woo