Part 45

Other stories in the Canterbury Tales were about two men who did not remain friends after they fell in love with the same woman, about a child who preferred to learn from an older child than from his school-teacher, about a wife who convinced her husband not to avenge her beating for the sake of peace, about a man who woke up from bad dreams full of fear, about a man wanting to marry a beautiful woman but later realizing a plain wife would not be pursued by other men, about a man who drank so much wine that he lost his mental and physical powers, about a woman who married for money instead of love, about a man who said something in frustration which he didn't mean, about a person brought up in poverty who endured adversity better than one brought up in wealth, about a wife who was loving and wise, about a good marriage being more valuable than money, about a virgin who committed suicide rather than be raped, about a wife persuaded to adultery by a man who said he would otherwise kill himself, about three men who found a pile of gold and murdered each other to take it all, about an angry man who wanted to kill, about a malicious man who had joy in seeing other men in trouble and misfortune, about a man whose face turned red in shame, about a wife expecting to have half of what her husband owned. Paper supplemented parchment, so there were more books.

Political songs and poems were written about the evil times of King Edward II, the military triumphs of King Edward III, and the complaints of the poor against their oppressors, such as "Song of the Husbandman". John Gower wrote moralizing poems on the villein's revolt, the sins of the clergy and attorneys, and the bad rule of King Richard II, who in 1377 succeeded Edward III. Robin Hood ballads were popular. The minstrel, who was a honorable person, replaced the troubadour of older times.

There were many colleges at Oxford and Cambridge due to the prohibition of gifts to the church. Laymen instead of ecclesiastics were appointed as Chancellor. The Masters at Oxford got rid of ecclesiastical supervision by a bishop and archdeacon by 1368. One could be admitted as a student at age thirteen. The rate of maintenance for a student was 10d. weekly.

A Bachelor of Arts degree was granted after four years of study and an oral exam. Required reading in 1340 for the Bachelor's Degree was the new logic of Aristotle ("Prior and Posterior Analytics" e.g. on syllogistic logic and deduction, the "Topics", or the "Sophistical Refutations", e.g. logical fallacies such as from 'All A are B' to 'All B are A'), and a selection from these Aristotle works on physics: "Of Heaven and Earth", "On the Soul", "Of meteors", "Of Birth and Decay", or "Of Feeling and What is Felt" with "Of Memory and Recollection" and "Of Sleep and Waking", or "Of the Movement of Animals" with "Of Minor Points in Natural History".

A Master of Arts degree could be awarded after three more years of study and teaching. A Doctorate degrees in theology required ten more years of study. A Doctorate in civil or canon law required eight more years. A man with a degree in canon law who wanted to practice in a certain bishop's court had to first satisfy this bishop of his competence.

Another source of legal learning was in London, where the guilds gave rise to the Inns of Court. They used the Register of Writs, the case law of the Year Books, and disputation to teach their students.

For a doctorate in medicine from Oxford or Cambridge, five more years plus two years of practice were required. Surgery was not taught because it was considered manual labor, and there was some feeling that it was a sacrilege and dishonorable. Urinalysis and pulse beat were used for diagnosis. Epilepsy and apoplexy were understood as spasms inside the head. It was known what substances served as laxatives and diuretics. Teeth were extracted, eye cataracts were removed with a silver needle, and skin from the arm was grafted onto a mutilated face.

Englishmen who had collected books on philosophy, medicine, astronomy, and history and literature books from the continent gave their collections to the universities, which started their libraries. Marco Polo's discoveries on his journey to China were known.

The requirements of elementary and higher studies were adjusted in 1393 and began the public school system. William of Wykeham's school, St. Mary College of Winchester in Oxford was the prototype. The curriculum was civil law, canon law, medicine, with astronomical instruments that students made, theology, and the arts. The arts textbooks were still grammar, logic, Donatus, and Aristotle. Many laymen were literate, for instance country gentry, merchants, and craftsmen. Laymen instead of clerics were now appointed to the great offices of state.

Parliament met about twice a year and lasted from two weeks to several months. There was a well-defined group of about fifty barons and a few spiritual peers who were always summoned to Parliament and who composed a House of Lords. "Peer" now meant a member of the House of Lords. All peers had the right to approach the king with advice. The baron peers reasoned that the custom of regular attendance was a right that should be inherited by the eldest son, or by a female heir, if there were no male heirs. However, the theory of nobility by blood as conveying political privilege had no legal recognition. No female could attend Parliament; the husband of a baronness attended Parliament in her stead. Edward III and Richard II created new peers with various titles of dignity, such as duke and marquess, which were above barons and earls. The dukes and marquesses were identified with a territorial designation such as an English county or county town. Whenever a Parliament was assembled the commons were present. The commons was composed of representatives from 100 boroughs and 37 counties. Each new Parliament required an election of representatives. The members of the commons were generally the most prominent and powerful economic and political figures of the county and were repeatedly re-elected. The electors were usually influenced by the sheriff or a powerful lord who suggested suitable men. The wealthy merchants typically represented the boroughs and paid much of the taxes. Under Edward III, the commons took a leading part in the granting of taxes and the presentation of petitions and became a permanent and distinct body, the House of Commons, with a spokesman or "speaker", chosen by the Crown, and a clerk. The speaker came to be an intermediary between the Commons and the king and between the Commons and the Lords. A clerk of Parliament registered its acts and sat with the Lords. A clerk of the Crown superintended the issue of writs and the receipt of the returns and attested the signature of the king on statutes. It became a regular practice for the Chancellor to open Parliament with an opportunity to present petitions after his opening speech. The king then referred them to certain peers and justices, who decided to which court, or Parliament, they should be sent. During the 1300s, the number of barons going to Parliament gradually decreased.

At the 1376 Parliament, ("the Good Parliament") the Commons, which formerly had only consented to taxes, took political action by complaining that the King's councilors had grown rich by war profiteering at the cost of impoverishing the nation and the people were too poor to endure any more taxation for the war and held a hearing on financial malfeasance and dishonesty of two ministers. The chamberlain had extorted enormous sums, had intercepted fines meant for the king's treasury, and had sold a castle to the enemy. The steward had bought debts of the king's. The House of Lords, the High Court of Parliament, found the charges proved and dismissed them permanently from office. This established the constitutional means for impeachment and prosecution by the Commons and removal by the House of Lords of ministers. By this process, there could be no royal intimidation, as there could be in the ordinary courts. The Commons demanded that its members be elected by county citizens rather than appointed by the sheriff.

The roles of Parliament and the King's council are starting to differentiate into legislative and executive, respectively. The legislative function is law-making and the executive is regulation-making that refines and effectuates the laws of Parliament. But the legislative, executive, and judicial authorities have not as yet become so completely separated that they cannot on occasion work together.

Sheriffs dealt directly with the king instead of through an earl.

From 1150 to 1400, resistance was an ordinary remedy for political disagreements. If a popular leader raised his standard in a popular cause, an irregular army could be assembled in a day. (There was no regular army, since England was protected by the sea from invasion.) So misgovernment by a king would be quickly restrained. Society recovered quickly from conflict and civil war because the national wealth consisted chiefly in flocks and herds and in the simple buildings inhabited by the people. In a week after armed resistance, the agricultural worker was driving his team. There was little furniture, stock of shops, manufactured goods, or machinery that could be destroyed.

To support a war with France in 1353, the staple was reinstated by statute of 1353 after an experiment without it in which profits of a staple went to staples outside the nation. Wool exports were inspected for quality and taxed through his officials only at the designated staple ports. These officials included collectors, controllers, searchers [inspectors], surveyors, clerks, weighers, and crane-keepers. Wool, woolfells, leather, and lead sold for export had to go through the staple town. The penalty was forfeiture of lands, tenements, goods, and chattel. (The staple statute remained basically unchanged for the next 200 years.) The mayor and constables of the staple were elected annually by the native and foreign merchants of the place. The mayor gave validity to contracts for a set fee, by seal of his office. He and the constables had jurisdiction over all persons and things touching the staple, which was regulated by the Law Merchant in all matters of contract, covenant, debt, and felonies against foreign merchants. A hue and cry was required to be raised and followed for anyone taking a cart of merchandise or slaying a merchant, denizen [resident alien] or alien, or the town would answer for the robbery and damage done. In 1363, Calais, a continental town held by the English, became the staple town for lead, tin, cloth, and wool and was placed under a group of London capitalists: the Merchants of the Staple. All exports of these had to pass through Calais, where customs tax was collected.

Guns and cannon were common by 1372. In the 1300s and 1400s, the king relied on mercenaries hired directly or by contract with his great nobles for foreign wars. The King reimbursed the contractors with the profits of war, such as the ransoms paid by the families of rich prisoners. The fighting men supplemented their pay by plunder. Featherbeds and blooded horses were favorite spoils of war brought back to England from the continent. As new techniques with footmen came into being, the footmen became the core of the army and the knightly abilities of the feudal tenants-in-chief became less valuable.

Many lords got men to fight with them by livery and maintenance employment agreements such as this one of 1374: "Bordeaux, February 15. This indenture, made between our lord King John [of Gaunt, of Castile, etc.] of the one part and Symkyn Molyneux, esquire, of the other part, witnesses that the said Symkyn is retained and will remain with our said lord for peace and for war for the term of his life, as follows: that is to say, the said Symkyn shall be bound to serve our said lord as well in time of peace as of war in whatsoever parts it shall please our said lord, well and fitly arrayed. And he shall be boarded as well in time of peace as of war. And he shall take for his fees by the year, as well in time of peace as of war, ten marks sterling [133s.] from the issues of the Duchy of Lancaster by the hands of the receiver there who now is or shall be in time to come, at the terms of Easter and Michaelmas by even portions yearly for the whole of his life. And, moreover, our lord has granted to him by the year in time of war five marks sterling [67s.] by the hands of the treasurer of war for the time being. And his year of war shall begin the day when he shall move from his inn towards our said lord by letters which shall be sent to him thereof, and thenceforward he shall take wages coming and returning by reasonable daily [payments] and he shall have fitting freightage for him, his men, horses, and other harness within reason, and in respect of his war horses taken and lost in the service of our said lord, and also in respect to prisoners and other profits of war taken or gained by him or any of his men, the said our lord will do to him as to other squires of his rank."

Forecastles and stern castles on ships were lower and broader. Underneath them were cabins. The English ship was still single masted with a single square sail. A fleet was formed with over 200 ships selected by the English admirals acting for the king at the ports. Men were seized and pressed into service and criminals were pardoned from crimes to become sailors in the fleet, which was led by the King's ship. They used the superior longbow against the French sailor's crossbow. In 1372, the Tower of London had four mounted fortress cannon and the port of Dover had six.

The war's disruption of shipping caused trade to decline. But the better policing of the narrow seas made piracy almost disappear.

English merchants may carry their merchandise in foreign ships if there are no English ships available.

Anyone may ship or carry grain out of the nation, except to enemies, after paying duties. But the council may restrain this passage when necessary for the good of the nation. Any merchant, privy or stranger, who was robbed of goods on the sea or lost his ship by tempest or other misfortune on the sea banks, his goods coming to shore could not be declared Wreck, but were to be delivered to the merchant after he proves ownership in court by his marks on the goods or by good and lawful merchants.

All stakes and obstacles set up in rivers impeding the passage of boats shall be removed.

Waterpower was replacing foot power in driving the mills where cloth was cleaned and fulled.

A boundary dispute between two barons resulted in the first true survey map. Nine cow pastures were divided by a boundary marked by a shield on a pole which the commission of true and sworn men had set up.

King Richard II, an irresponsible sovereign, asserted an absolute supremacy of the king over Parliament and declared certain statutes which he claimed to have been forced on him to be revoked. He interfered with county elections of knights to Parliament by directing sheriffs to return certain named persons. He wanted to dispense altogether with Parliament and instead have a committee of representatives. He claimed that the goods of his subjects were his own and illegally taxed the counties. There were many disputes as to who should be his ministers. High treason was extended to include making a riot and rumor, compassing or purposing to depose the King, revoking one's homage or liege to the King, or attempting to repeal a statute. When Henry Bolingbroke reported to Parliament that another lord had cast doubt on the king's trustworthiness, a duel between them was arranged. But Richard, probably fearing the gain of power of the lord who won, instead exiled the two lords. He took possession of the Lancaster estates to which Henry was heir and forbade this inheritance. This made all propertied men anxious and they united behind Bolingbroke in taking up arms against Richard. Richard was not a warrior king and offered to resign the crown. The "Merciless Parliament" of 1388 swept out Richard's friends. Parliament deposed and imprisoned Richard. It revoked the extensions to the definition of high treason. It elected Bolingbroke, who claimed to be a descendant of Henry III, to be King Henry IV. This action established clearly that royal decrees were subordinate to parliamentary statutes, that Parliament was the ultimate legal arbiter of the realm, and that the consent of Parliament was necessary in determining kingship. The House of Commons became very powerful. It was responsible for the major part of legislation. It's members began to assert the privilege of free speech. That is, they wanted to discuss other matters than what was on the king's agenda and they opposed punishment for what they said unless it was treasonable. Henry IV agreed to their request not to consider reports of proceedings unless they came to him through official channels.

- The Law -

After the Black Death of 1348 these statutes were enacted:

High treason was defined by statute in 1352 as levying war against the King, aiding the King's enemies, compassing or imagining the death of the King, Queen, or their eldest son and heir, or violating the Queen or the eldest unmarried daughter or the wife of the King's eldest son and heir; making or knowingly using counterfeits of the King's great or privy seal or coinage; or slaying the Chancellor, Treasurer, or any justice in the exercise of their duty. The penalty was forfeit of life and lands.