Our Legal Heritage Part 45

daily. When it convened, the Chancellor sat on the left and the Archbishop of Canterbury on the right of the king. Just below and in front of the king his council sits on wool sacks brought in for their comfort from wool stored nearby. It answers questions. Behind them on the wool sacks sit the justices, who may be called upon to give legal advice, e.g. in framing statutes. Then come the spiritual and lay barons, then the knights, and lastly the elected burgesses and citizens.

Lawmaking became a function of Parliament, of which the King's council is a part, instead of a function of the king with his council and justices. The common people now had a voice in lawmaking, though legislation could be pa.s.sed without their consent. The first legislation proposed by the commons was alteration of the forest laws governing the royal pleasure parks. Such a statute was pa.s.sed in a bargain for taxes of a percentage of all movables, which were mostly foodstuffs and animals. The king offered to give up the royal right to tax merchandise for a new tax: customs on exports. The barons and knights of the county agreed to pay an 11th, the burgesses, a 7th, and the clergy a 10th on their other movables. In time, several boroughs sought to be included in the county representation so they could pay the lower rate. This new system of taxation began the decline of the imposition of feudal aids, knights' fees, scutages, carucage, and tallage, which had been negotiated by the Exchequer with the reeves of each town, the sheriff and county courts of each county, and the bishops of each diocese.

The staple [depot or mart, from the French "estaple"] system began when the export of wool had increased and Parliament initiated customs duties of 6s.8d. on every sack of wool, woolfells [sheepskin with wool still on it], or skins exported in 1275. These goods had to be a.s.sessed and collected at certain designated ports. Certain large wool merchants, the merchants of the staple, were allowed to have a monopoly on the purchase and export of wool. Imports of wine were taxed as tunnage as before, that is there was a royal right to take from each wine s.h.i.+p one cask for every ten at the price of 20s. per cask.

In 1297, Edward I confirmed the Magna Carta and other items. Judgments contrary to Magna Carta were nullified. The doc.u.ments were to be read in cathedral churches as grants of Edward and all violators were to be excommunicated. He also agreed not to impose taxes without the consent of Parliament after baronial pressure had forced him to retreat from trying to increase, for a war in France, the customs tax on every exported sack of wool to 40s. from the 6s. 8d. per sack it had been since 1275. The customs tax was finally fixed at 10s. for every sack of wool, 2s. for each tun [casket] of wine, and 6d. for every pound's worth of other goods. The "tenths and fifteenths" tax levied on income from movables or chattels became regular every year. Edward also confirmed the Forest Charter, which called for its earlier boundaries. And he agreed not to impound any grain or wool or and like against the will of the owners, as had been done before to collect taxes. Also, the special prises or requisitions of goods for national emergency were not to be a precedent. Lastly, he agreed not to impose penalties on two earls and their supporters for refusing to serve in the war in France when the king did not go.

Teh Magna Carta is the first statute. From 1299, statutes were recorded in a Statute Roll as they were enacted.

By the end of the 1200s, the King's wardrobe, where confidential matters such as military affairs were discussed in his bedroom, became a department of state with the King's privy seal. The keeper of the privy seal was established as a new office by Edward I in 1318. The wardrobe paid and provisioned the knights, squires, and sergeants of the king and was composed mostly of civil servants. It traveled with the King. The Crown's treasure, plate, tents, hangings, beds, cooking utensils, wine, and legal and financial rolls were carried on pack horses or in two-wheeled carts drawn by oxen, donkeys, or dogs. The people in the entourage rode horses or walked. The other two specialized administrative bodies were the Exchequer, which received most of the royal revenue and kept accounts at Westminster, and the Chancery, which wrote royal writs, charters, and letters, and kept records.

The chief functions of administration in the 1300s were performed by the council, chancery, wardrobe, chamber [room off wardrobe for dressing and for storage], and exchequer. Many of the chancellors had come from the wardrobe and chamber. In time, the chancellor ceased to be a part of the king's personal retinue and to follow the court. The chancery became primarily a department of central administration rather than a secretariat and record-keeping part of the royal household. The king used a privy seal to issue directives to the chancery. Edward III made some merchants earls and appointed them to be his ministers. He did not summon anyone to his council who did not have the confidence of the magnates [barons, earls, bishops, and abbots].

There was a recoinage due to debas.e.m.e.nt of the old coinage. This increased the number of coins in circulation. The price of wheat went from about 7s. in 1270 to about 5s. per quarter in 1280. Also the price of an ox went from 14s. to 10s. Then there were broad movements of prices, within which there were wide fluctuations, largely due to the state of the harvest. From 1280 to 1290, there was runaway inflation. In some places, both grain and livestock prices almost doubled between 1305 and 1310. Wheat prices peaked at 15s.5d. a quarter in the famine year of 1316. In 1338, prices dropped and remained low for twenty years. The poor were hurt by high prices and the lords of the manors were hurt by low prices.

As before, inadequate care and ignorance of nutrition caused many infant deaths. Accidents and disease were so prevalent that death was always near and life insecure. Many women died in childbirth.

Edward I always sought the agreement of Parliament before a.s.sembling an army or taking actions of war, and Parliamentary consent came to be expected for such. He completed the conquest and annexation of Wales in 1284. The feudal army was summoned for the last time in the 100 year war with France, which began in 1337. In it the English longbow was used to pierce French knights' armor. There had been much compet.i.tion between the strength of arrows to pierce and the heaviness of armor to resist.

Guns and cannon with gunpowder were introduced in 1338. A system to raise an army by contract was developed. Contracts were made with n.o.bles, knights, or esquires who undertook to enlist an agreed number of armored men-at-arms and archers, who were paid wages. The King provided transport for each contractor and his retinue, baggage, and horses. The t.i.tle of "knight" now resumed its military character as well as being a social rank.

After Edward I died in 1307, there was a period of general lawlessness and contests for power between earls and barons and the irresponsible King Edward II, who was not a warrior king. He eventually was a.s.sa.s.sinated. Also in 1307, Parliament required the king to obtain its consent for any exchange or alteration of the currency.

By 1319, the guilds of London had become so powerful that they extracted a charter from the king that to be a citizen of London one had to be a member of a guild.

By 1326, scholars, the n.o.bility, and the clergy had reading eyegla.s.ses, which had been invented in Italy, probably by the gla.s.s blowers. Italy was famous for its gla.s.swork. The first eyegla.s.ses were fabricated by pouring molten gla.s.s into curved molds. The actual shape was difficult to control because thermal expansion and contraction resulted in bubbles and other optical imperfections.

As of 1336, importing foreign cloth or fur, except for use by the King's family, was prohibited, as was the export of unwoven wool. Later, this was relaxed and a customs tax of 33% was imposed on wool exported.

Foreign cloth workers were allowed by statute to come to live in the nation, be granted franchises, and be in the King's protection. But no cloth was to be exported until it was fulled. During the reign of Edward III, Flanders weavers were encouraged to come to England to teach the English how to weave and finish fine cloth. A cloth industry grew with all the manufacturing processes under the supervision of one capitalist manufacturer, who set up his enterprise in the country to avoid the regulations of the towns. The best places were hilly areas where there were many streams and good pasture for flocks of sheep. He hired shearers to cut the nap as short as possible to give a smooth surface, then spinsters to card and spin the wool in their country cottages, then weavers, and then fullers and dyers to come to fulling mills established near streams for their waterpower. Fulling became mechanized as heavy wooden hammers run by water- power replaced feet trampling the cloth covered with soap or fuller's clay. The shaft loom was a technological advance in weaving. This loom was horizontal and its frames, which controlled the lifting of the warp threads, could each be raised by a foot treadle. This left both hands free to throw and catch the shuttle attached to the weft thread from side to side through the warp. Also many more weaving patterns became possible through the use of different thread configurations on the frames.

In 1341, the commons forced King Edward III and council to approve their pet.i.tion when Parliament was still in session so that they would draft the legislation in true accordance with the pet.i.tion. This had not been done when drafting had been done after Parliament ended, when the phrase "saving the prerogatives of the king" was often added. Also the lords and commons consulted each other and joined in pet.i.tions. But they usually stated their conclusions to the king separately. It was considered a burden rather than a privilege to attend Parliament and elections for such were not often contested. They were conducted according to local custom until 1600.

In 1348, the Commons voted a tax of 1/15 th on movables for three years with the proviso that it be spent only on the war against Scotland. This began the practice of appropriation of funds. In 1381, began the practice of appointing treasurers of the subsidies to account to Parliament for both receipts and disburs.e.m.e.nts.

Alien merchants were under the king's special protection. In return for paying extra import and export duties, Edward III gave alien merchants full rights of trade, travel, and residence in England free of all local tolls and restrictions, and guaranteed a fair hearing of their commercial and criminal cases in special pie powder (after French "pie poudrous" or dusty feet) courts at fairs.

- The Law -

Edward I remodeled the law in response to grievances and to problems which came up in the courts. The changes improved the efficiency of justice and served to accommodate it to the changing circ.u.mstances of the social system.

"No man by force of arms, malice or menacing shall disturb anyone in making free election [of sheriffs, coroners, conservators of the peace by freeholders of the county]."

"No city, borough, town, nor man shall be amerced without reasonable cause and according to the severity of his trespa.s.s. That is, every freeman saving his freehold, a merchant saving his merchandise, a villein saving his wainage [implements of agriculture], and that by his peers."

No distress shall be taken of ploughing-cattle or sheep.

No loan shall be made for interest.

If an heir who is a minor is married off without the consent of the guardian, the value of the marriage will be lost and the wrongdoer imprisoned. If anyone marries off an heir over 14 years of age without the consent of the guardian, the guardian shall have double the value of the marriage. Moreover, anyone who has withdrawn a marriage shall pay the full value thereof to the guardian for the trespa.s.s and make amends to the King. And if a lord refuses to marry off a female heir of full age and keep her unmarried because he covets the land, then he shall not have her lands more than two years after she reaches full age, at which time she can recover her inheritance without giving anything for the wards.h.i.+p or her marriage. However, if she maliciously refuses to be married by her lord, he may hold her land and inheritance until she is the age of a male heir, that is, 21 years old and further until he has taken the value of the marriage.