Part 22

14) No burgess may be confined or distrained any where else within my land or power for any debt, unless he is a debtor or surety (to avoid a person owed a debt from distraining another person of the town of the debtor).

15) They shall be able to marry themselves, their sons, their daughters and their widows, without the license of their lords. (A lord had the right of preventing his tenants and their families from marrying without his consent.)

16) No one of their lords shall have the wardship or the disposal of their sons or daughters on account of their lands out of the town, but only the wardship of their tenements which belong to their own fee, until they become of age.

17) There shall be no recognition [acknowledgement that something done by another person in one's name had one's authority] in the town.

18) No one shall take tyne [wooden barrel with a certain quantity of ale, payable by the townsmen to the constable for the use of the castle] unless for the use of the lord Earl, and that according to the custom of the town.

19) They may grind their grain wherever they may choose.

20) They may have their reasonable guilds, as well or better than they had them in the time of Robert and his son William [John's wife's grandfather and father, who were earls of Gloucester when the town and castle of Bristol were part of the honor of Gloucester].

21) No burgess may be compelled to bail any man, unless he himself chooses it, although he may be dwelling on his land.

We have also granted to them all their tenures, messuages [dwelling house with adjoining land and adjacent buildings], in copses [thicket from which wood was cut], in buildings on the water or elsewhere to be held in free burgage [tenant to pay only certain fixed services or payments to his lord, but not military service (like free socage)]. We have granted also that any of them may make improvements as much as he can in erecting buildings anywhere on the bank and elsewhere, as long as the borough and town are not damaged thereby. Also, they shall have and possess all waste land and void grounds and places, to be built on at their pleasure.

Newcastle-on-Tyne's taxes were simplified in 1175 as follows:

"Know ye that I have granted and by this present charter have confirmed to my burgesses of Newcastle upon Tyne, and to all their things which they can assure to be their own, acquittance from toll and passage and pontage and from the Hanse and from all other customs throughout all my land. And I prohibit all persons from vexing or disturbing them therein upon forfeiture to me."

We grant to our upright men on Newcastle-on-Tyne and their heirs our town of Newcastle-on-Tyne with all its appurtenances at fee farm for 100 pounds to be rendered yearly to us and our heirs at our Exchequer by their own hand at the two terms, to wit, at Easter 50 pounds and at Michaelmas 50 pounds, saving to us our rents and prizes and assizes in the port of the same town.

Ranulph, earl of Chester, made grants to his burgesses of Coventry by this charter: "That the aforesaid burgesses and their heirs may well and honorably quietly and in free burgage hold of me and my heirs as ever in the time of my father and others of my ancestors they have held better more firmly and freer. In the second place I grant to them all the free and good laws which the burgesses of Lincoln have better and freer. I prohibit and forbid my constables to draw them into the castle to plead for any cause, but they may freely have their portimoot [leet court] in which all pleas belonging to me and them may be justly treated of. Moreover they may choose from themselves one to act for me whom I approve, who a justice under me and over them may know the laws and customs, and keep them to my counsel in all things reasonable, every excuse put away, and may faithfully perform to me my rights. If any one happen to fall into my amercement he may be reasonably fined by my bailiff and the faithful burgesses of the court. Furthermore, whatever merchants they have brought with them for the improvement of the town, I command that they have peace, and that none do them injury or unjustly send them into court. But if any foreign merchant shall have done anything improper in the town that same may be regulated in the portimoot before the aforesaid justice without a suit at law."

Henry confirmed this charter of the earl's by 1189 as follows: I have confirmed all the liberties and free customs the earl of Chester granted to them, namely, that the same burgesses may well and honorably hold in free burgage, as ever in the time of the father of the beforesaid earl, or other of his ancestors, they may have better or more firmly held; and they may have all the laws and customs which the citizens of Lincoln have better and freer [e.g. their merchant guilds; all men brought to trade may be subject to the guild customs and assize of the town; those who lawfully hold land in the town for a year and a day without question and are able to prove that an accuser has been in the kingdom within the year without finding fault with them, from thence may hold the land well and in peace without pleading; those who have remained in the town a year and a day without question, and have submitted to the customs of the town and the citizens of the town are able to show through the laws and customs of the town that the accuser stood forth in the kingdom, and not a fault is found of them, then they may remain in peace in the town without question]; and that the constable of the aforesaid earl shall not bring them into the castle to plead in any case. But they may freely have their own portmanmoot in which all pleas appertaining to the earl and to them may be justly treated of. Moreover they may choose one from themselves to act for the earl, whom I approve, who may be a justice under the earl and over them, and who to the earl may faithfully perform his rights, and if anyone happen to fall into the earl's forfeiture he shall be acquit for 12 pence. If by the testimony of his neighbors he cannot pay 12 pence coins, by their advice it shall be so settled as he is able to pay, and besides, with other acquittances, that the burgesses shall not provide anything in corrody [allowance in food] or otherwise whether for the said earl or his men, unless upon condition that their chattels shall be safe, and so rendered to them. Furthermore, whatever merchants they have brought with them for the improvement of the town they may have peace, and none shall do them injury or unjustly send them into suit at law. But if any foreign merchant has done anything improper in the town that shall be amended [or tried] in the portmanmoot before the aforesaid justice without a suit. And they who may be newcomers into the town, from the day on which they began to build in the town for the space of two years shall be acquit of all charges.

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.