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Chapter 10 No.10

Word Count: 13187    |    Released on: 01/12/2017

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paid barons and earls to raise their own fighting forces. When they returned to England, they fought to put their candidate on its throne, which had been unsteady since its usurpation by Henry IV. All the great houses kept bands of armed retainers. These retainers were given land or pay or both as well as liveries [uniforms or badges] bearing the family crest. In the system of "livery and maintenance", if the retainer

owder lit by a hot rod held with one hand while the other hand was used to aim the musket. Cannon were used to besiege castles and destroy their walls, so many ca

gland. Families engaged in blood feuds. Roving bands ravaged the country, plundering the people, holding the forests, and robbing collectors of Crown revenue. Some men made a living by fighting for others in quarrels. Individual life and property were insecure. Whole districts were in a permanent

less on the King's courts for the safety of their lives and land. Local men involved in court functions usually owed allegiance to a lord which compromised the exercise of justice. Men serving in an assize often lied to please their lord instead of telling the truth. Lords maintained, supported, or promoted litigation with money or aid supplied to one party to the detriment of justice. It was not unusual for lords to attend court with a great force of retainers behind them. Many justices of the peace wore liveries

wheels. She taught the children. Each day she scheduled the activities of the household including music, conversation, dancing, chess, reading, playing ball, and gathering flowers. She organized picnics, rode horseback and went hunting, hawking to get birds, and hare-ferreting. She was nurse to a

s of velvet, fur, or leather. Their hair was cut into a cap-like shape on their heads, and later was shoulder-length. They wore doublets with thick padding over the shoulders or short tunics over the trucks of their bodies and tightened at the waist to emphasize the shoulders. Their collars were high. Their sleeves were long concoctions of velvet, damask, and satin, sometimes worn wrapped around their arms in layers. Their legs and hips were covered with hosen, often in different colors. Codpieces worn between the legs emphasized the sensualit

orial households, including processions bringing and serving courses, and bowing, kneeling, and curtseying. There were many courses of a variety of meats, fish, stews, and soups, with a variety of spices and elaborately cooked. Barons, knights, and their ladies sat to the right of the lord above the salt and were served by the lord's sewer and carver and gentlemen waiters; their social inferiors such as "gentlemen of worship" sat below the salt and were served by another sewer and yeomen. The lord's cupbearer looked after the lord alone. A knights table was waited on by yeomen. The gent

a variety of fish, both fresh and salted, venison, nuts, peas, oatmeal, honey, grapes, apples, pears, and fres

on the first floor. An average Londoner would have a shop, a storeroom, a hall, a kitchen, and a buttery on the first floor, and three bedrooms on the second floor. Artisans and shopkeepers of more modest means lived in rows of dwellings, each with a shop and small storage room on the first floor, and a combination parlor-bedroom on the second floor. The humblest residents crowded their shop and family into one 6 by 10 foot room for rent of a few shillings a year. All except the last would also have a small garden. The best gardens had a fruit tree, herbs, flowers, a well, and a latrine area. There were common and public privies for those without their own. Kitchen slops and casual refuse continued to be thrown into the street. Floors of stone or planks were strewn with rushes. There w

imneys were introduced into manor houses where stone had been too expensive. This was necessary if a second

bring the household to the estate than to transport the yield of the estate to the household. Also, at regular intervals sewage had to be removed from the cellar

ere cleaned with powders. Fragrant leaves were chewed for bad breath. Garlic was used for indigestion and other ailments. Feet were rubbed with salt and vinegar to remove calluses. Good manners included not slumping against a post, fidgeting, sticking one's finger into one's nose, putting one's hands into one's hose

reserved for the nobility

lein and free, became prosperous, especially those who also worked at a craft, e

le, bees, and crop made them almost self-sufficient in foodstuffs. They lived in a huddle of cottages, pastured their animals on common land, and used common meadows for haymaking. They subsisted mainly on boiled bacon, an occasional chicken, worts and beans grown in the cottage garden, and cereals. The

number of teams, the fines, the reliefs, and the services due to the lord for each landholder. The Chancery court interpreted many of these documents to include rights of

ed but landlords usually still had profits of vil

ers went to towns to seek employment in the new industries, they would work at first for any rate. This deepened the cleavage of the classes in the towns. The artificers in the town and the cottagers and laborers in the country lived from hand to mouth, on

tom was strong. But a yeoman could give his sons a chance to become gentlemen by entering them in a trade in a town, sending them to university, or to war. Every freeman was to some extent a soldier, and to some extent a lawyer, serving in the county or borough courts. A burgess, with his workshop or warehouse, was trained in warlike exercises, and he could keep h

, gold and silver cups, and silks. At the Stocks Market were fishmongers, butchers, and poulterers. London grocers imported spices, canvas, ropery, potions, unguents, soap, confections, garlic, cabbages, onions, apples, oranges, almonds, figs, dates, raisins, dyestuffs, woad, madder (plant for medicine and dye), scarlet grains, saffron, iron, and steel. They were retailers as well as wholesalers and had shops selling honey, licorice, salt, vinegar

lastly, to finish it, special fees imposed on apprenticeships, deeds, wills, and letters-patent. The Mercers and Goldsmiths were in the prosperous part of town. The Goldsmiths' shops sold gold and silver plate, jewels, rings, water pitchers, drinking goblets, basins to hold water for the hands, and covered saltcellars. The grain market was on Cornhill. Halfway up the street, there was a supply of water which had been brought up in pipes.

ts and tackle; the nineteen arch London Bridge supporting a street of shops and houses and a drawbridge in the middle; quays; warehouses, and great cranes lifting bales from ship to wharf. Merchant guilds which imported or exported each had their o

to the government or for new commercial enterprises. Local reputation on general, depended upon a combination of wealth, trustworthiness of character, and publi

power, London had obtained all the essential features of a corporation: a seal, the right to make by-laws, the power to purchase lands and hold them "to them and their successors" (not simply their heirs, which is an individual and hereditary succession only), the power to sue and be sued in its own name,

A borough typically had a mayor accompanied by his personal sword- bearer and serjeants-at-mace bearing the borough regalia, bailiffs, a sheriff, and chamberlains or a steward for financial assistance. At many boroughs, aldermen, assisted by their constables, kept the peace in their separate wards. There might be coroners, a recorder, and a town clerk, with a host of lesser officials inc

rvisors [shoemakers]. Thirdly came the humbler artisans, the sellers of victuals, small shopkeepers, apprentices, and journeymen on the rise. Lastly came unskilled laborers, who lived in crowded tenements and hired themselves out. The first three groups were the free men who voted, paid scot and bore lo

y in 1444, the Girdlers' Company in 1448, the Armourers' and Brassiers' companies in 1453, the Barbers' Company in 1461, the Tallow Chandlers' Company in 1462, the Ironmongers' Company in 1464, the Dyers' Company in 1471, the Musicians' Comp

ch overlapping in the two forms of association: the craft guild and the religious fraternity. Apprentices were taken in to assure an adequate supply of competent workers for the future. The standard indenture of an apprentice bound him to live in his master's house, to serve him diligently, obey reasonable commands, keep his master's secrets, protect him from injury, abstain from dice, cards and haunting of taverns, not marry,

ers, mirrorers, quilters, and parchment makers. Non-citizens of London could not be prevented from selling leather, metalwares, hay, meat, fruit, veg

oidered, sewed jewelry onto clothes, and made silk garments. Widows often continued in their husband's businesses, such as managing a large import-export trade, tailoring, bre

eft money in their wills for food and clothing for prisoners, especially debtors. Wills often left one-third of the wealth to the church, the poor, prisoners, infirmaries, young girls' education; road, wall, and bridge repair; water supply, markets and almshouses.

ssociations, journeymen were losing their chance of rising to be a master. Competi

e place where the company had privileges of market. Strict rules governed the conduct of each member. He was to make sales only at certain hours on specified days. All disagreements were to be settled by the company's governor, or his deputy in residence, and those officials dealt with such disputes as arose between members of the company and continental officials and buyers. A share in the ownership of one of their vessels was a common form of investment by prosperous merchants. By 1450, the me

The paviors were organized as a city company in 1479. About 1482, towns besides London began appointing salaried road paviors to repair roads and collect their expenses from the householders because the policy of placing the burden on individual householders didn't work well. London streets were lighted at night by public lanterns, under the direction

erchants tended to send their sons to private boarding schools, instead of having them tutored at home as did the nobility. Well-to-do parents still sent sons to live in the house of some noble to serve them as pages in return for being educated with the noble's son by the household priest. They often wore their master's coat of arms and bec

in residence and pay commons during the periods between sessions of court and during vacations, so that the

hallenges Arthur's knights to live up to their reputation for valor and awesome deeds. The knight Gawain answers the challenge, but is shown that

Chaucer, Cicero, Ovid, and Aesops's Fables were widely read. Malory's new version of the Arthurian stories was popular. Margery Kempe wrote the first true autobiography. She was a woman who had a normal married life with children, but one day had visions and voices which led her to leave her husband to take up a life of wandering and prayi

t the names of the wardens so elected may be presented each year before the mayor for the time being, and they be there sworn well and diligently to oversee that good rule and governance is had and exercised by all folks of the same trades in all works unto the said trades pertaining, to the praise and good fame of the loyal good men of the said trades and to the shame and blame of the bad and disloyal men of the same. And that the same wardens may call together all the men of the said trades honorably and peacefully when need shall be, as well for the good rule and governance of the said city as of the trades aforesaid. And that the same wardens, in performing their due office, may present

were placed small metal frames into which words with small letters of lead had been set up. Each line of text had to be carried from the type case to the press. Beside the press were pots filled with ink and inking balls. When enough lines of type to make a page ha

various kinds of readers, for instance, for gentlemen who understand gentleness and science, or for ladies and gentlewomen, or to all good folk. There were many cook books in use. Th

Noah's Ark was performed by the Shipwrights and the Flood performed by the Fishery and Mariners. Short pantomimes and disguising, forerunners of costume parties, were good recreation. Games of cards became popular as soon as cards were introduced. The king, queen, and jack were dressed in contemporary clothes. Men bowled, kicked footballs, and played tennis. In London, Christmas was celebrated with masques and mummings. There was a great tree in the main market pla

es, tailors, carpenters, and farm hands. The austerity of their diet had vanished. The schedule of divine services was no longer followed by many and the fostering of learning was abandoned. Into monasteries drifted the lazy and miserable. Nunneries had become aristocratic boarding houses. The practice of taking sanctuary was abused; criminals and debtors sought it and were allowed to overstay the 40-day restriction and to leave at night to commit robberies. There were numerous chaplains, who were ordained because they received pay from private persons fo

r. But townspeople knew the hour and minute of each day, because mechanical clocks were in all towns and

s of news; they maintained an informal network of speedy messengers and accurate reports because political changes so affected their ventures. News also came from peddlers, who visited villages and farms to sell items that could not be bought in the local village. These oft

. The first route was between London and the Scottish border, where

ould order goods from the London market, communicate readily with friends in London, and receive news of the world frequently. Trade with London was so great and the common carrier so efficient in transporting goods that the medieval

, silk, satin, gold cloth, damask cloth, furred gowns, gems, fruit, spices, and sugar. Im

ship to sail closer to the wind. 200 tuns was the usual carrying capacity. The increase in trade made piracy, even by merchants, profitable

nted to assist Eng

merchant ships. In 1417, the war navy had 27 ships. In 1421, Portsmouth was fortified as a naval base. Henry V issued the order

ditional 3s. for every tun of sweet wine imported. From about 1413, tunnage on wine and poundage on merchandise were duties on goods of merchants wh

sudden paralysis of the bowels. Epidemics broke out occasionally in the towns in the summers.

and bridges on waterways and the coast were kept in repair by laborers hired by commissions appointed by the Cha

es of mourners on the sides. Few townsmen choose to face death alone and planned memorial masses t

hought to be akin to sorcery, so was

coins: noble, half

rliamentary session, after the answers to its petitions had been declared, and after the Lords had agreed to the money grant. It tied its grants by rule rather than just practice to certain appropriations. For instance, tunnage and poundage were appropriated for naval defenses. Wool customs went to the maintenance of Calais, a port on the continent, and defense of the nation. It also put the petitions in statutory form, called "bills", to be enacted after consideration and amendment by all without alteration. Each house had a right to deliberate in privacy. In the Commons, members spoke in the order in which they stood up bareheaded. Any member of Parliament or either house or the king could initiate a bill. Both houses had the power to amend or reject a bill. There were conferences between select committees of both houses to settle their differences. The Commons required the appointment of auditors to audit the King's accounts to ensure past grants had been spent according to their purpose. It forced the King's council appoi

ing's retinue had about 16 knights, 160 squires, 240 yeomen, clerks, grooms, and stablemen. The suitable annual expense of the household of the king was 13,000 pounds for his retinue of about 516 people, a duke 4,000 pounds for about 230 people, a marquess 3,000 pounds for about 224 people, an earl 2,000 pounds for about 130 people, a viscount 1,000 pounds for about 84 people, a baron 500 pounds for about 26 people, a banneret [a knight made in the field, who had a banner] 200 pounds for about 24 people, a knight bache

ain, carvers, servers, cupbearers, pages, and even chancellor. They were given wages

nal instrument for sealing documents. Now the king used a signet kept by his secretary as his personal seal. Edward IV made the household office of secretary, who had cu

ed by the king's closest councilors in virtue of the royal prerogative. The rack stretched the supine body by the wrists and legs with increasing agony at the joints until the limbs were dislocated. Some victims were permanently crippled by it; others died on it. Most told what they knew, often at the very sight of the rack. Torture was forbidden in the common law, which favored an accusatorial system, in which the accuser ha

oods before conviction of felony. He also li

the Crown to pass to a King's eldest son, and to his male issue after him. F

e

ustices arrived and to forcible holding with departure before the justices arrived. Penalties are

applied to agricultural fixtures, but not to other trade fixtures. Also at common law, if a person had enjoyed light n

livery of their lands and tenements by in

or putting out another's eyes is a fe

of freehold to a yearly value of 67s., because swans of the King, lo

clothing up to 4s., with meat and drink; common servant of agriculture 15s., and clothing up to 3s.4d.; woman servant 10s., and clothing up to 4s., with meat and drink;

or 6d. without; reaper or carter: 3d. with or 5d. without;

termediary] carpenter and other artificiers in building 3d. with meat and drink or 4d. without; every other laborer 2d. with meat and drink or 3d. without. In winter t

at the end of this term and that other man shall notify the master by the middle of his term so

any borough, but may send the child to school, unless he or she has land or rent to the

ay be hired

early, because it has led to viol

ers because they lead to [gambl

e the industry of agriculture. The following list of classe

, gold corses, sab

et, branched s

er year, daughters of a person who has possessions to the value

0s. 40 pounds - fur of martron or letuse, gold or silver girdles,

of 40s. excluding the above three classes

s. excluding the first three classes - black or w

., hose up to the value of 14s., a g

rer, servant, country craftsm

nk of the body, including the private parts

ing to the standard of the Exchequer. All citizens may weigh goods for

bushel of grain th

plain tile, roof tile, and gut

r may be taken o

ncrease the value of silver coinage, which has become

lead to prevent deceit. Cloth may not be tacked togeth

s with steel and marked with the mark of the a

ther, but all leather must be inspected and

tanning]. Tanners who make a notorious default in leathe

dery for sale sh

ts, boats, or anchors, but may be used by hand,

nation, including silks, bows, woolen cloths, iron and h

or of tin, any thing wrought of any treated leather, towed furs, shoes, galoshes, corks, knives, daggers, woodknives, thick blunt needles, sheers for tailors, scissors, razors, sheaths, playing cards, pins, pattens [wooden shoes on iron supports worn in wet weather], pack needles, painted ware, forcers, caskets, rings of copper or of gilt shee

use being shorn elsewhere woul

orted unless the prices are such th

as carders and spinsters, in current coi

" in the Magna Ca

the full county so all may attend and none shall be commanded to do something else at that time.

tenements there of the value of at least 40s. per year, because participation in elections of too many people of little substance or worth had led to homicides, assaults, and feuds. (These "yeomen" we

on carts and horses bringing victuals or grains into the city and on merchandise unloaded from ships at the port. No carter shall drive his cart more quickly when it is unloade

penalized by forfeiture

itled to possession against all persons

nd alienation of land. For instance, "Also, if feoffment be made upon such condition, that if the feoffor pay to the feofee at a certain day, etc., 800s. forty pounds of money, that then the feoffor may reenter, etc., in t

int-tenants. ... And it is to be understood, that the nature of joint-tenancy is, that he that surviveth shall have solely the entire tenancy, according to such estate as he hath, ..." "Tenants in common are they that have lands or tenements in fee-simple, fee-tail, or for term of life, etc., the which have such lands and tenements by several title, and not by joint title, and neither of them kno

well established and known though not written down as statutes. Some de

son takes all personal and r

ke alike, and if there are none, the next blood kin of the whole blood take, and if none,

a bastard and may not inherit,

s eldest brother takes his lands and not the younger brother. The next possible h

he heir, to whom inheritance may not descend, shall have the ward of hi

all have the ward and marriage of the heir until the heir is 21, if male, or

chattel rather than a free tenement,

it is by disseisin, has right against

ent, the lord may distrain hi

w and custom of property. No property may be had of them unless they are tame. Howeve

value of 12d., then it is but petit larceny, and he shall not die for it, but shall be punished at the discret

chases his charter of pardon of the King, and after the father dies; in this case the land shall escheat to the lord of the fee, insomuch that though he has a yo

eits his profits from land

inquirers (three whole inquests would have thirty-six) peremptorily. With cause, he may challenge as many as

ot be put to answer

a trespass, and he does it, the one

rom other, though it lies in the open field, a

s his beasts do in the growing grain or grass of his

ent together, the oldest

is not in custody, may within a year after the judgment take the body of the

writ (writ pending in court), will enter in

y into religion, or if he is made a knight, or she is a woman

man may disseise the king, nor pull

al Pro

rized to inquire about such practices. The statute explicitly included ladies and any writing, oath, or promise as well as indenture. Excepted were guilds, fraternities, and craftsmen of cities and boroughs which were founded on a good purpose, universities, the mayor and sheriffs of London, and als

sale", and the beneficiary or receiver of the profits of the land, who was often the holder, his children, relatives, friends, an institution, or a corporation. This system of using land had been created by the friars to get around the prohibition against holding property. Lords and gentry quickly adopted it. The advantages of the use were that 1) there was no legal restriction to will away

putes over agreements, for instance, conveyance of certain land, whereas t

courts were limited to accounts pursuant to transactions made within the nation. It also

of the defendant swearing that his statement made in his defense was true. An important evidentiary difference between procedures of the Chancery and the common law courts was that the C

damages, Chancery often enjoined certain action. Because malicious suits were a problem,

tenements or goods and not setting them free unless they bound themselves to pay great sums to the offenders or

default of appearance. If a riot was not investigated and the rioters sought, the Justice of the Peace nearest forfeited 2,000s. Justices of the peace were not paid. For complex cases and criminal cases with defendants of high social status, they deferred to the Justices of Assize, who rode on circuit once or twice a year. Since there was no requirement of legal kn

at their discretion, those that are good and virtuous shall be received to make any suit i

n behalf of parties i

s and tenements, which were at least 40s. per year in value. In a plea of land worth at least 40s. yearly or a personal plea with relief sought at leas

judicial. So it became possible for a defendant to challenge an indictor for cause before the indictor was put on the petty assize. Th

rly, because those with less had used the office for ext

s of the Peace of the county. He had to reside in his bailiwick. The sh

a more rapid and efficient technique of bringing down unpopular ministers or political foes. There was no introduction of

decided by Court of King's Bench

gment, except for fear of the penalty provided for in the injunction, for fear that our client will be imprisoned by the Chancellor if he disobeys. Fairfax, JKB: He can ask for judgment in spite of the injunction, for if it is addressed to the plaintiff his attorney can ask for judgment, and vice versa. Hussey, CJKB: We have consulted together on this matter among ourselves and we see no harm which can come to the plaintiff if he proceeds to judgment. The law will not make him pay the penalty provided in the injunction. If the Chancellor wants to imprison him he must send him to the Fleet Prison, and, as soon as you are there you will inform us

ancery in the 15th century is

usion and fickle counsel of the foresaid Harry and Elizabeth his mother there was led and shown for him within the Common Pleas a false release, sealed, to void and exclude all her true suit by record of true clerks and attorneys of the aforesaid Common Pleas. Of the which false release proved she has a copy to show. [All this is] to her great hindrance and perpetual destruction unless she have help and remedy by your righteous and gracious lordship in this matter at this time. That it please your noble grace and pity graciously to grant a writ subpoena to command the foresaid Henry Alcote and Elizabeth Alcote to come before your presence by a certain day by you limited in all haste that they may come to Westminster to answer to this

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Contents

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 1 No.1
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 2 No.2
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 3 No.3
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 4 No.4
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 5 No.5
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 6 No.6
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 7 No.7
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 8 No.8
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 9 No.9
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 10 No.10
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 11 No.11
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 12 No.12
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 13 No.13
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 14 No.14
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 15 No.15
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 16 No.16
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 17 No.17
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 18 No.18
01/12/2017
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Chapter 19 Epilogue
01/12/2017
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