Book: Our Legal Heritage, 4th Ed.

S >> S. A. Reilly >> Our Legal Heritage, 4th Ed.




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 older
obligation of every freeman to serve in defense of the realm, the
fyrd, which was a military draft. 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 plowable 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. This was probably
the old Danegeld.

Barons and their tenants and sub-tenants 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 axe 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 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 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 sheep-skins 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 moveable goods. He also sold town charters,
heiresses and heirs, widows, sheriffdoms, justiceships, earldoms,
and licenses for tournaments. The crusades' contact with Arabs
brought to England arabic numerals, which greatly facilitated
arithmetic, Arab horses, and an expansion of trade. The church
decreed that those who went on these crusades would be remitted of
his 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 and moveable 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 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.)
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
correcting his abuses. For instance, 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 -

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.

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