3. The people were not crowded into the towns. For instance, in the time of King Edward III, Colchester was one of the large towns, yet it had only 350 houses, in which 3000 people lived, all told. There were only nine larger towns in the country at that time.
4. The bulk of the people were living in the villages, in the various manors, not in the towns. Many things prevented the population from growing very rapidly—disease, famine, and war kept it down. Death was the punishment for a very large number of offences, so that it is not to be wondered at that the population did not increase very fast.
5. The population was divided into two distinct classes—those who were clergy, or clerks, and those who were not. By "clergy" we understand, in these days, "ministers of religion"; but the word had a very different meaning in the Middle Ages.
6. In early Saxon times religion and learning were very closely related. Colleges and monasteries were centres of learning, and bishops, abbots, priests, and monks took the lead in matters in which a knowledge of reading and writing was required. Folk who had a leaning towards learning naturally became connected with colleges or monasteries. They began as scholars, and then were admitted, or ordained, to one of the lower orders of the ministry—often when they were still only boys.
7. There are many thousands of boys to-day who are choir-boys. In early times those admitted to such an office as that had to be ordained, or set apart for the purpose, by the bishop. That ordaining made them clerks or clergy; and they were under the authority of the bishop or his officers. If they did wrong, they were tried and punished in the bishop's court.
8. In the course of years there grew up, side by side, two different sets of courts of justice, the Church Courts and the King's Courts, which were guided by different laws. The laws which ruled the Church Courts were much more merciful than those which ruled the civil or King's Courts. Death was the punishment for almost every offence tried in the King's Courts and in the Manor Courts; but in the Church Courts the punishments were much less severe, and the culprit had a much better chance of "turning over a new leaf".
9. If a man was brought before the King's Court charged with a crime, he could call for a book. If he could read a few sentences, that was taken to show that he was a clerk, and he could claim to be tried by the Church Court. That is, he could claim "benefit of clergy".
10. You can readily see that such a state of things, however good it may have been at the first, was dreadfully abused in the course of time. What at first had been merciful and just became in time mischievous and dangerous. The great struggle between King Henry II and Archbishop Thomas à Becket had to do with the power of these two sets of courts, the Church Courts and the King's Courts—it had to do with government, not with religion and religious matters.
11. Clerks, or the clergy, were drawn from all classes of society, from the royal family down to the serfs on the manors. In fact, before the time of the Black Death, the only way in which a serf could become a freeman was by buying his freedom or by becoming a clerk. A serf who wanted his son to rise to a better position than his own would try to get him made a clerk; for the moment he became a clerk he was a free man.
12. But to attain his purpose the serf must first have the permission of his master or overlord. All overlords were not tyrants by any means. The serf might do his master a good turn—save his life, for instance—and in return his master would set him free, or allow his son to be taught by the priest and ordained; or he might let him join a college or monastery.