The original outline of Stratford-upon-Avon, planned by the bishop of Worcester in 1196, is still visible in the modern streets; houses still stand on the plots where they were sited by the bishop; many of the names of the streets have also survived. A female huckster of the thirteenth century would still be able to navigate the roads of the town. Even a great city such as London still bears the traces of its origin.
The traders of these towns, old or new, helped to develop guilds that enforced standards; these guilds merchant, as they were called, prospered to such an extent that eventually they took over the administration of most of the towns. The guilds had a long existence, dating back to the ninth and tenth centuries, but in their original incarnation they were ‘friendly societies’ of a pious nature; they prayed for the souls of their dead brethren, and supported their members in case of dire need.
Members of the same trade naturally tended to join the same guild; so economic, as well as spiritual, interests played a part. They became organized. They laid down standards of business and manufacture. They refused to allow outsiders to participate in their ‘mysteries’ and instead set up a rigid system of apprenticeship. They had once met in the churchyard or in the town hall, but by the end of the twelfth century many of them had acquired imposing premises of their own commonly known as the guildhall.
Yet they retained their pious endeavours, collecting for charity and for the expenses of death; many of them maintained a chapel, or at least an altar light, at their nearest church. They built bridges and roads, although the improvement of transport was perhaps a matter of self-interest. The craft guilds were also responsible for the sequences known as miracle or mystery plays that were the most important aspect of English drama in the age before Shakespeare. This concatenation of religious, social and economic power is thoroughly medieval.
So the long period in which towns prospered, in the twelfth and thirteenth centuries, was also one in which the sense of urban community was most highly developed. In some respects the notion of a community is specious, however, since the richer townspeople known as ‘the better sort’ created an oligarchy of power concentrated in a small network of families. In Norwich 60 per cent of the wealth had devolved into the hands of 6 per cent of the population. These were the men who would serve as jurors in the town court and who took up the offices of the local administration. Nevertheless a feeling of common interest was aroused in the maintenance of newly acquired privileges and traditions. In the Commune of London, forged at a time when mutual antagonism between merchants and craftsmen was intense, the voices of the citizens could still be heard shouting ‘Ya Ya!’ or ‘Nay Nay!’ in their assemblies.
This sense of corporate identity was strengthened by the belief that towns were areas of relative freedom. The people who gathered there were drawn together in a commercial pact, and were not subject to the rules of labour service that obtained in the countryside. By the early twelfth century it was established that if a villein resided in a town for a year and a day, he acquired his freedom. The air of the town was different.
We may envisage wooden houses and wooden shops, with vacant plots between them where the hens scratched and where the small horses of the period were tethered. Many of the wooden houses were of two storeys, with the shop on the ground floor and the living quarters above it. Permanent shops were erected, but stalls could be set up and taken down from day to day. In any town perhaps two or three stone houses were owned by the richer merchants.
In Chester a wooden footway was raised above the street of beaten earth so that it became a ‘first floor’ sheltered by the houses above; from there, the pedestrians could ‘window-shop’. In the towns of England dirt and refuse were scattered everywhere, partly scavenged by pigs and kites. The streams running above ground were often filthy with industrial waste and excrement. The noise of bargaining, and of argument, was intense. It was busy, always busy, with the particular stridency and excitability of the medieval period in England.
How much the king’s advisers revised the administration of justice, and how much was Henry II’s own contribution, is a nice question. It is reported that he spent many sleepless nights debating with his advisers over points of law, but that may be a pious fiction. It is undoubtedly true that in the course of his reign the rule of law was amplified in England; one of his contemporaries, Walter Map, noted that the king was ‘a subtle deviser of novel judicial processes’. He decreed, for example, that royal justices should make regular visits to the shires and take over legal business previously reserved for the sheriff or the county justice. Six groups of three judges each toured between four and eight counties so that the whole country came under their purview. They were based at Westminster, but the central administration was reaching out.
Their activities were of course designed principally for the king’s own profit, as he gathered up fines and other payments; it was well known that the royal courts loved money more than justice, and the king expected ‘presents’ at every stage of the judicial proceedings. A wealthy man, accused of a crime, would offer a large sum ‘for having the king’s love’. In a rough and violent society, it was considered to be perfectly natural. You paid money to see a doctor. You paid money to see a judge. Law was another form of power. It was just becoming swifter and more efficient.
But acts of expediency sometimes have unintended consequences. The imposition of uniform royal justice over the country laid the conditions for the development of common law. National law took precedence over local custom. When law became uniform, it could indeed eventually become ‘common’ to all. Phrases were employed that emphasized this theory of ius commune; ‘as the custom is in England’ or ‘according to the custom of the land’ became standard formulas. Men could reduce it to order, and to the claims of precedent; it could be codified and standardized. One of the most important legal works in English history, Ranulph de Glanville’s On the Laws and Customs of England, was composed in the reign of Henry II. It is no accident that ‘legal memory’ was deemed to have begun at the time of the accession of Richard I, the king’s oldest surviving son, in 1189. Henry was acting out of self-interest but his measures, more than any other, promoted obedience to the law and assured the coherent administration of justice. He had no interest in reform, and no scheme for it. He acted out of private and selfish interests only, and was motivated solely by the force of circumstances. He did not have any idea where his actions might lead, except to the extent that they afforded him more and more money. These are the foundations of the mighty edifice of English law. Henry had stumbled upon a system that has endured ever since.
One other unanticipated result issued from the new legal procedures. One of the functions of the judges was to rule on disputes over property. Had anyone been violently dispossessed of his or her land? This was a common problem of the twelfth century where lords, great or small, were always trying to increase their dominion. The judges were inclined to call together twelve local men who would be able to tender advice on the matter. The origin of the English jury is still in dispute, with some authorities placing it within the Anglo-Saxon period, but in the twelfth century we witness at least its systematic use. Within fifty years juries were also employed in criminal cases. Trial by jury replaced trial by battle and the ordeal. The parties involved in these disputes were summoned to the court by writs, which from this period took on a standard form. Writs cost sixpence. The legal system of the country was being created by haphazard and unpredictable means.