Our Legal Heritage Part 51

- - - Chapter 9 - - -

- The Times: 1348-1399 -

Waves of the black death, named for the black spots on the body, swept over the nation. The black blotches were caused by extensive internal bleeding. The plague was carried in the blood of black rats and transmitted to humans by the bite of the rat flea, but this cause was then unknown. The first wave of this plague, in 1348, lasted for three years and desolated the nation by about one half the population in the towns and one third in the country. People tried to avoid the plague by flight. The agony and death of so many good people caused some to question their belief in G.o.d. Also, it was hard to understand why priests who fled were less likely to die than priests who stayed with the dying to give them the last rites. Legal and judicial, as well as other public business weere interrupted by theplague and ceased for two years. Thus begins a long period of disorganization, unrest, and social instability. Customary ways were so upset that authority and tradition were no longer automatically accepted. Fields lay waste and sheep and cattle wandered over the countryside. Local courts could seldom be held.

Some monasteries in need of cash sold annuities to be paid in the form of food, drink, clothing, and lodging during the annuitant's life, and sometimes that of his widow also. Guilds and rich men made contributions to the poor and ships with provisions were sent to various parts of the country for the relief of starving people. In London, many tradesmen and artisans formed parish fraternities which united people of all social levels and women on almost equal terms with men, in communal devotion and mutual support, such as help in resolving disputes, moral guidance, money when needed, and burial and ma.s.ses.

Farm workers were so rare that they were able to demand wages at double or triple the pre-plague rate. The pre-plague had been 4-6d. daily for masons, carpenters, plasterers, and tilers and 3d. for their laborers.

These laborers could buy 12 cheap loaves, 3 gallons of ale, and a gallon of cheap wine or half a pair of shoes. Prices did not go up nearly as much as wages. Villeins relinquished their tenements, and deserted their manors, to get better wages elsewhere. They became nomadic, roaming from place to place, seeking day work for good wages where they could get it, and resorting to thievery on the highways or beggary where they could not. The Robin Hood legends were popular among them. In them, Robin Hood is pure outlaw and does not contribute money to the poor. Nor does he court Maid Marion.

Villeins spread political songs among each other, such as: "To seek silver to the King, I my seed sold; wherefore my land lieth fallow and learneth to sleep. Since they fetched my fair cattle in my fold; when I think of my old wealth, well nigh I weep. Thus breedeth many beggars bold; and there wakeneth in the world dismay and woe, for as good is death anon as so for to toil."

Groups of armed men took lands, manors, goods, and women by force. The villeins agreed to a.s.sist each other in resisting by force their lords'

efforts to return them to servitude. A statute of laborers pa.s.sed in 1351 for wages to be set at the pre-plague rates was ineffectual.

Justices became afraid to administer the law. Villeins, free peasants, and craftsmen joined together and learned to use the tactics of a.s.sociation and strikes against their employers.

The office of Justice of the Peace was created for every county to deal with rioting and vagrants. Cooperation by officials of other counties was mandated to deal with fugitives from its justice.

The Black Death visited again in 1361 and in 1369. The Black Death reduced the population from about 5 million to about 2 1/2 million. It was to rise to about 4 million by 1600.

When there were attempts to enforce the legal servitude of the villeins, they spread rhymes of their condition and need to revolt. A secret league, called the "Great Society" linked the centers of intrigue. A high poll tax, graduated from 20s. to 12d., that was to be raised for a war with France, touched off a spontaneous riot all over the nation in 1381. This tax included people not taxed before, such as laborers, the village smith, and the village tiler. Each area had its own specific grievances. There was no common political motive, except maladministration in general.

In this Peasants' Revolt, mobs overran the counties around London. The upper cla.s.ses fled to the woods. Written records of the servitude of villeins were burned in their halls, which were also looted. t.i.tle deeds of landlords were burned. Rate rolls of general taxation were destroyed.

Prisoners were released from gaols. Men connected with tax collection, law enforcement, attorneys, and alien merchants were beheaded. The Chief Justice was murdered while fleeing. The archbishop, who was a notoriously exploitive landlord, the chancellor, and the treasurer were murdered. Severed heads were posted on London Bridge. A mob took control of the king's empty bedchamber in the Tower. The villeins demanded that service to a lord be by agreement instead of by servitude, a commutation of villein service for rents of a maximum of 4d. per acre yearly, abolition of a lord's right for their work on demand (e.g. just before a hail storm so only his crops were saved), and the right to hunt and fish. The sokemen protested having to use the lord's mill and having to attend his court.

The revolt was suppressed and its leaders punished. The king issued proclamations forbidding unauthorized gatherings and ordering tenants of land to perform their customary services. The poll tax was dropped. For the future, the duty to deal with rioting and vagrants was given to royal justices, sheriffs, mayors, bailiffs, and constables as well as the Justices of the Peace. There was a high Justice of the Peace in each hundred and a petty constable in each parish. Justices of the Peace could swear in neighbors as unpaid special constables when disorder broke out.

The sheriff was responsible for seeing that men of the lower cla.s.ses were organized into groups of ten for police and surety purposes, and for holding of hundred and county courts, arresting suspects, guarding prisoners awaiting trial, carrying out the penalties adjudged by the courts, and collecting Crown revenue through his bailiffs. Royal writs were addressed to the sheriff. Because many sheriffs had taken fines and ransoms for their own use, a term limit of one year was imposed.

Sheriffs, hundreders, and bailiffs had to have lands in the same counties or bailiwicks [so they could be held answerable to the King].

Efforts were made to keep laborers at the plough and cart rather than learn a craft or entering and being educated by the church. The new colleges at the universities ceased to accept villeins as students.

Due to the shortage of labor, landlords' returns had decreased from about 20% to about 5%. But some found new methods of using land that were more profitable than the customary services of villeins who had holdings of land or the paid labor of practically free men who paid a money rent for land holdings. One method was to turn the land to sheep breeding. Others leased their demesne land, which transferred the burden of getting laborers from the landlord to the lessee-tenant. The payment was called a "farm" and the tenant a "farmer". First, there were stock-and-land leases, in which both the land and everything required to cultivate it were let together. After 50 years, when the farmers had acquired a.s.sets, there were pure land leases. Landlords preferred to lease their land at will instead of for a term of years to prevent the tenant from depleting the soil with a few richer crops during the last years of his tenancy. The commutation of labor services into a money payment developed into a general commutation of virtually all services.

Lords in need of money gladly sold manumissions to their villeins.

The lord and lady of some manors now ate with their family and entertained guests in a private parlor [from French word 'to speak"] or great chamber, where they could converse and which had its own fireplace. The great chamber was usually at the fireplace end of the great hall, where there was a high table. The great hall had been too noisy for conversation and now was little used. There were also separate chambers or bed-sitting rooms for guests or members the family or household, in which one slept, received visitors, played games, and occasionally ate.

Some farmers achieved enough wealth to employ others as laborers on their farms. The laborers lived with their employer in his barn, sleeping on hay in the loft, or in mud huts outside the barn. The farmer's family lived at one end of the barn around an open fire. Their possessions typically were: livestock, a chest, a trestle table, benches, stools, an iron or bronze cauldron and pots, brooms, wooden platters, wooden bowls, spoons, knives, wooden or leather jugs, a salt box, straw mattresses, wool blankets, linen towels, iron tools, and rush candles [used the pith of a rush reed for the wick]. Those who could not afford rush candles could get a dim light by using a little grease in a shallow container, with a few twisted strands of linen thread afloat in it. The peasants ate dark bread and beans and drank water from springs.

Milk and cheese were a luxury for them. Those who could not afford bread instead ate oat cakes made of pounded beans and bran, cheese, and cabbage. They also had leeks, onions, and peas as vegetables. Some farmers could afford to have a wooden four-posted bedstead, hens, geese, pigs, a couple of cows, a couple of sheep, or two-plough oxen. July was the month when the divide between rich and poor became most apparent.

The rich could survive on the contents of their barns, but the poor tried to survive by grinding up the coa.r.s.est of wheat bran and shriveled peas and beans to make some sort of bread. Grain and bread prices soared during July. Farming still occupied the vast majority of the population.

Town inhabitants and university students went into the fields to help with the harvest in the summer. Parliament was suspended during the harvest.

Town people had more wealth than country people. Most townspeople slept in nightgowns and nightcaps in beds with mattresses, blankets, linen sheets, and pillows. Beds were made every morning. Bathing was by sponging hot water from a basin over the body, sometimes with herbs in it, rinsing with a splash of warm water, and drying off with a towel.

Tubs used only for baths came into use. There were drapery rugs hung around beds, handheld mirrors of gla.s.s, and salt cellars. The first meal of the day was a light breakfast, which broke the fast that had lasted the night. Meals were often prepared according to recipes from cook books which involved several preparation procedures using flour, eggs, sugar, cheese, and grated bread, rather than just simple seasoning.

Menus were put together with foods that tasted well together and served on plates in several courses. Children's sweets included gingerbread and peppermint drops. Sheffield cutlery was world famous. Table manners included not making sounds when eating, not playing with one's spoon or knife, not placing one's elbows on the table, keeping one's mouth clean with a napkin, and not being boisterous. There were courtesies such as saying "Good Morning" when meeting someone and not pointing one's finger at another person. King Richard II invented the handkerchief for sneezing and blowing one's nose. There were books on etiquette. Cats were the object of superst.i.tion, but there was an Ancient and Honorable Order of the Men Who Stroke Cats.

New burgesses were recruited locally, usually from within a 20 mile radius of town. Most of the freemen of the larger boroughs, like Canterbury and London, came from smaller boroughs. An incoming burgess was required to buy his right to trade either by way of a seven year apprenticeship or by payment of an entry fee. To qualify, he needed both a skill and social respectability.

Towns started acquiring from the king the right to vacant sites and other waste places, which previously was the lord's right. The perpetuality of towns was recognized by statutes of 1391, which compared town-held property to church-held property. The right of London to pa.s.s ordinances was confirmed by charter. Some towns had a town clerk, who was chief of full-time salaried officers. There was a guildhall to maintain, a weigh-house, prison, and other public buildings, munic.i.p.al water supplies, wharves, cranes, quays, wash-houses, and public lavatories.

After the experience of the black death, some sanitary measures were taken. The notorious offenders in matters of public hygiene in the towns, such as the butchers, the fishmongers, and the leather tanners were a.s.signed specific localities where their trades would do least harm. The smiths and potters were excluded from the more densely populated areas because they were fire risks. In the town of Salisbury, there was Butcher Row, Ox Row, Fish Row, Ironmongers' Row, Wheelwrights'

Row, Smiths' Row, Pot Row, Silver Street, Cheese Market, and Wool Market.