Our Legal Heritage Part 20

[12] If a villein come to dwell in the borough, and dwell there a year and a day as a burgess, he shall abide altogether, unless notice has been given by him or by his master that he is dwelling for a term.

[13] If any man appeal [sue] a burgess of any thing, he cannot do [trial by] battle with the burgess, but the burgess shall defend himself by his law, unless it be of treason, whereof he is bound to defend himself by [trial by] battle.

[14] Neither can a burgess do [trial by] battle against a foreigner, unless he first go out of the borough.

[15] No merchant, unless he be a burgess, may buy [outside] the town either wool or leather or other merchandise, nor within the borough except [from] burgesses.

[16] If a burgess incur forfeit, he shall give six ounces [10s.] to the reeve.

[17] In the borough there is no merchet [payment for marrying off a daughter] nor heriot nor bloodwite [fine for drawing blood] nor stengesdint [fine for striking with a stick].

[18] Every burgess may have his own oven and handmill if he will, saving the right of the King's oven.

[19] If a woman be in forfeit for bread or beer, no one ought to interfere but the reeve. If she forfeit twice, she shall be chastised by her forfeit. If three times, let justice be done on her.

[20] No one but a burgess may buy webs [woven fabrics just taken off the loom] to dye, nor make nor cut them.

[21] A burgess may give and sell his land and go whither he will freely and quietly unless there be a claim against him."

The nation produced sufficient iron, but a primitive steel [iron with carbon added] was imported. It was scarce and expensive. Steel was used for tools, instruments, 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 north. The direction of the ship could be generally determined when the sky was clear by the position of the sun during the day or the north star during the night.

Plays about miracles wrought by holy men or saints or the sufferings and fort.i.tude of martyrs were performed, usually at the great church festivals. Most n.o.bles could read, though writing was still a specialized craft. There were books on animals, plants, and stones. The lives of the saints as told in the book "The Golden Legend" were popular. The story of the early King Arthur was told in the book "The History of the Kings of England". 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 charge of his nephew Modred, he fought battles on the continent for land to give to his n.o.blemen who did him service in his household and fought with him. When Arthur returned to Britain, he made battle with his nephew Modred who had crowned himself King. Arthur's knight Gawain, the son of his sister, and the enemy Modred were killed and Arthur was severely wounded. Arthur told his kinsman Constantine to rule Britain as king in his place.

The intellectual world included art, secular literature, law, and medicine. There were about 90 physicians.

The center of government was a collection of tenants-in-chief, whose feudal duty included attendance when summoned, and certain selected household servants of the King. The Exchequer became a separate body.

The payments in kind, such as grain or manual services, from the royal demesnes had been turned into money payments. The great barons made their payments directly to the Exchequer. The income from 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 offices of state were sold for thousands of pounds, which caused their holders to be on their best behavior for fear of losing their money by being discharged from office. One chancellor paid Henry about 3000 pounds for the office. Henry brought sheriffs under his strict control, free from influence by the barons. He maintained order with a strong hand, but was no more severe than his security demanded.

Forests were still retained by Kings for their hunting of boars and stags. A master forester maintained them. The boundaries of the Royal Forests were enlarged. They comprised almost one-third of the kingdom.

Certain inhabitants thereof supplied the royal foresters with meat and drink and received certain eas.e.m.e.nts and rights of common therein. The forest law reached the extreme of severity and cruelty under Henry I.

Punishments given included blinding, emasculation, and execution.

Offenders were rarely allowed to subst.i.tute a money payment. When fines were imposed they were heavy.

A substantial number of barons and monasteries were heavily in debt to the Jews. The interest rate was 43% (2d. per pound per week). The king taxed the Jews at will.

- The Law -

Henry restored the death penalty (by hanging) for theft and robbery, but maintained William I's punishment of mutilation by blinding and severing of limbs for other offenses, for example, bad money. He decreed in 1108 that false and bad money should be amended, so that he who was caught pa.s.sing 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 refused, he decreed that no denarius or obol, which he said were to be round, or even a quadrans, if it were whole, should be refused. (Money then reached a higher level of perfection, which was maintained for the next century.)

Counterfeiting law required that "If any one be caught carrying false coin, the reeve shall give the bad money to the King however much there is, and it shall be charged in the render of his farm [payment] as good, and the body of the offender shall be handed over to the King for judgment, and the serjeants who took him shall have his clothes."

The forest law stated that: "he that doth hunt a wild beast and doth make him pant, shall pay 10 shillings: If he be a freeman, then he shall pay double. If he be a bound man, 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 shall lose his freedom, and all that he hath. And if he be a villein, he shall lose his right hand." Further, "If such an offender does offend so again, he shall lose his life."

A wife's dower is one-third of all her husband's freehold land, unless his endowment of her at their marriage was less than one- third.

Debts to townsmen were recoverable by this law: "If a burgess has a gage [a valuable object held as security for carrying out an agreement]

for money lent and holds this for a whole 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 deduct his money from the sum. If any money is over he shall return it to the debtor. But if there is not enough to pay him, he shall take distress again for the amount that is lacking."