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Part 66

Our Legal Heritage : 600-1776 King Aethelbert - King George Iii · S. A. Reilly — chapter 66 of 103 · ~3,586 words · public domain

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New companies were incorporated for many trades. They were associations of employers rather than the old guilds which were associations of actual workers. The ostensible reason was the supervision of the quality of the wares produced in that trade. (Shoemakers, haberdashers, saddlers, and curriers exercised close supervision over these wares.) They paid heavily for their patents or charters.

There was no sharp line between craftsman and shopkeeper or between shopkeeper and wholesale merchant. In London, an enterprising citizen could pass freely from one occupation to another. Borrowing money for a new enterprise was common. Industrial suburbs grew up around London and some towns became known as specialists in certain industries. The building crafts in the towns often joined together into one company, e.g. wrights, carpenters, slaters, and sawyers, or joiners, turners, carvers, bricklayers, tilers, wallers, plasterers, and paviors. These companies included small contractors, independent masters, and journeymen. The master craftsman often was a tradesman as well, who supplied timber, bricks, or lime for the building being constructed. The company of painters was chartered with a provision prohibiting painting by persons not apprenticed for seven years.

The prosperous merchants began to form a capitalistic class as capitalism grew. Competition for renting farm land, previously unknown, caused these rents to rise. The price of wheat rose to an average of 14s. per quarter, thereby encouraging tillage once more. There was steady inflation.

With enclosure of agricultural land there could be more innovation and more efficiency, e.g. the time for sowing could be chosen. It was easier to prevent over-grazing and half-starved animals as a result. The complications of the open system with its endless quarrels and lawsuits were avoided. Now noblemen talked about manure and drainage, rotation of crops, clover, and turnips instead of hunting, horses, and dogs. The breed of horses and cattle was improved. There were specializations such as the hunting horse and the coach horse. By royal proclamation of 1562, there were requirements for the keeping of certain horses. For instance, everyone with lands of at least 1,000 pounds had to keep six horses or geldings able for demilances [rider bearing a light lance] and ten horses or geldings for light horsemen [rode to battle, but fought on foot]. One with under 100 pounds but over 100 marks yearly had to keep one gelding for a light horseman. Dogs had been bred into various types of hounds for hunting, water and land spaniels for falconry, and other dogs as house dogs or toy dogs. There were no longer any wild boar or wild cattle. The turkey joined the cocks, hens, geese, ducks, pigeons, and peacocks in the farmyard. Manure and dressings were used to fertilize the soil. Hay became a major crop because it could be grown on grazing lands and required little care.

There are new and bigger industries such as glassware, iron, brasswares, alum and coppers, gunpowder, paper, coal, and sugar. The coal trade was given a monopoly. Coal was used for fuel as well as wood, which was becoming scarce. Iron smelters increasingly used coal instead of charcoal, which was limited. Iron was used for fire-backs, pots, and boilers. Good quality steel was first produced in 1565 with the help of German craftsmen, and a slitting mill was opened in 1588. Small metal goods, especially cutlery, was made, as well as nails, bolts, hinges, locks, ploughing and harrowing equipment, rakes, pitch forks, shovels, spades, and sickles. Lead was used for windows and roofs. Copper and brass were used to make pots and pans. Pewter was used for plates, drinking vessels, and candlesticks. Competition was the mainspring of trade and therefore of town life.

The mode of travel of the gentry was riding horses, but most people traveled by walking. People carried passes for travel that certified they were of good conduct and not a vagrant or sturdy rogue. Bands of roving vagabonds terrorized the countryside. After a land survey completed in 1579 there arose travel books with maps, itineraries, and mileage between towns in England and Wales. Also, the Queen sent her official mail by four royal postal routes along high roads from London to various corners of the nation. Horses are posted along the way for the mail-deliverer's use. However, private mail still goes by packman or common carrier. The nation's inland trade developed a lot. There were many more wayfaring traders operating from town inns. In 1564, the first canal was built with locks at Exeter. More locks and canals facilitated river travel. At London Bridge, water-wheels and pumps are installed.

New sea navigation techniques improved voyages. Seamen learned to fix their positions, using an astrolabe or quadrant to take the altitude of the sun and stars and to reckon by the north star. They used a nocturnal, read by touch, to help keep time at night by taking the altitude of the stars. They calculated tides. To measure distances, they invented the traverse board, which was bored with holes upon lines, showing the points of the compass; by means of pegs, the steersman kept an account of the course steered. A log tied to a rope with knots at equal intervals was used to measure speed. There were compasses with a bearing dial on a circular plate with degrees up to 360 noted thereon. Seamen had access to compilations of Arab mathematicians and astronomers and to navigational manuals and technical works on the science of navigation and the instruments necessary for precision sailing. For merchants there were maps, books about maps, cosmographical surveys, and books on the newly-discovered lands. In 1569 John Mercator produced a map taking into account the converging of the meridians towards the pole. On this chart, a straight line course would correspond to a mariner's actual course through the water on the earth's sphere, instead of having the inaccuracies of a straight line on a map which suggested that the world was flat. It was in use by 1600.

Christmas was an especially festive time of good fellowship. People greeted each other with "Good cheer", "God be with you", or "Against the new year". Carols were often sung and musicians played many tunes. There was dancing and gambling. There were big dinners with many kinds of meat and drink. A hearty fire heated all the house. Many alms were given to beggars.

Parliament enacted laws and voted taxes. The Queen, House of Lords, and House of Commons cooperated together. There was relatively little dissension or debating. Bills were read, voted on, discussed, and passed with the lords, peers, bishops, and justices sitting in their places according to their degree. The justices sat on the wool sacks. A bar separated this area from the rest of the room, where the members of the commons stood. There were many bills concerning personal, local, or sectional interests, but priority consideration was given to public measures. The House of Lords still had 55 members. The Queen appointed and paid the Speaker, Clerk, and Sergeant at Arms of the Commons. The knights in the Commons were almost invariably from the county's leading families and chosen by consensus of knights with free land of at least 40s. in the county court. In the towns, the electors might be the town corporation, holders of certain properties, all the freemen, all the ratepayers, or all the male inhabitants. Disputed elections were not usually concerned with political issues, but were rivalries for power. The Commons gradually won for its members freedom from arrest without its permission and the right of punishing and expelling members for crimes committed. Tax on land remained at 10% of its estimated yearly income. The Queen deferred to the church convocation to define Christian faith and religion, thus separating church and state functions.

The Treasury sought to keep a balanced budget by selling royal land and keeping Crown expenditures down. The Crown carried a slight debt incurred before the Queen's accession.

Theft and robbery were so usual that there were names for various techniques used. A Ruffler went with a weapon to seek service, saying that he was a servitor in the wars, but his chief "trade" was to rob poor wayfaring men and market women. A Prigman went with a stick in his hand like an idle person, but stole clothes off hedges. A Whipjack begged like a mariner, but with a counterfeit license (called a "gibe"); he mostly robbed booths in fairs or pilfered ware from stalls, which was called "heaving of the booth". A Frater had a counterfeit license to beg for some hospital, but preyed upon poor women coming and going to market. A Quire Bird was a person recently let out of prison, and was commonly a horse stealer. An Upright Man carried a truncheon of a staff and called others to account to him and give him a share or "snap" of all that they had gained in one month, and he often beat them. He took the chief place at any market walk and other assemblies. Workers at inns often teamed up with robbers, telling them of wares or money travelers were carrying so the robber could profitably rob them after they left the inn.

Violence was still a part of the texture of everyday life. Private armories and armed gangs were not uncommon. Agricultural laborers kept sword and bow in a corner of their fields in the first part of Elizabeth's reign. Non-political brutal crime and homicides were commonplace. There were frequent local riots and disturbances, in the country and in the towns. Occasionally there were large-scale rebellions. But the rebellion of the Earl of Essex in 1601 had no aftermath in violence. In 1590, the Queen issued a proclamation enforcing curfew for London apprentices, who had been misruly. The Queen issued proclamations to certain counties to place vagrant soldiers or vagrants under martial law because of numerous robberies. She ordered the deportation of vagrant Irishmen in 1594.

After exhausting every other alternative, the Queen reluctantly agreed with her Privy Council on the execution in 1572 of Mary, Queen of Scots, who had been involved in a plot to assassinate her and claim the throne of England. Her Council had persuaded her that it was impossible for her to live in safety otherwise.

Francis Drake sailed around the world from 1577 to 1580. Walter Ralegh made an expedition to North America in 1584 with the Queen's authority to "discover barbarous countries, not actually possessed of any Christian prince and inhabited by Christian people, to occupy and enjoy". He found and named the land of Virginia in honor of the Queen, who was a virgin, and started a colony on Roanoke Island there. Drake and Ralegh plundered Spanish ships for cargo such as American gold and silver, much of which was used to pay for the war with Spain and much going to investors. There experience fighting Spanish ships led to improvements in ship design; building ships was no longer merely by copying another ship or a small model. In 1588, the Spanish Armada came to invade England, and was for the most part destroyed. In that battle, Drake and other experienced sea- fighters led two hundred English ships, of which about 20 were built to sink other ships rather than to board and capture them. These new English ships were longer and narrower and did away with the towering superstructures at bow and stern. This made them more maneuverable and easier to sail. Also, the English guns were lighter, more numerous, and outranged the Spanish guns. So the smaller English ships were able to get close enough to fire broadside after broadside against the big Spanish troop-transport galleons, without being fired upon. The direction of the wind forced the Spanish galleons northward, where most of them were destroyed by storms. The English seamen had been arbitrarily pressed into this service.

A royal proclamation of 1601 offered a reward of 100 pounds for information on libels against the Queen. There had been mounting demonstrations against her monopolies, which mostly affected household items. There had been abuses of monopolies, such as the steel monopoly had been sold for 12 pounds 10s., but steel was then sold at 5d. per pound instead of the former 2 1/2 d. per pound. Further the steel was mixed and of a lesser quality. This so damaged the knife and sword industry that about 2000 workers lost their jobs from it and became beggars. Monopoly was a severe burden to the middle and poorer classes. Also, the power of patent holders to arrest and imprison persons charged with infringing upon their rights was extended to any disliked person.

When the House of Commons protested against monopolies in 1601, Elizabeth reduced them. She addressed her Council and the Commons saying that "Mr. Speaker, you give me thanks, but I doubt me that I have more cause to thank you all than you me; and I charge you to thank them of the Lower House from me. For had I not received a knowledge from you, I might have fallen into the lapse of an error only for lack of true information. Since I was queen yet did I never put my pen to any grant but that upon pretext and semblance made unto me, it was both good and beneficial to the subject in general, though a private profit to some of my ancient servants who had deserved well. But the contrary being found by experience, I am exceedingly beholding to such subjects as would move the same at the first. And I am not so simple to suppose but that there be some of the Lower House whom these grievances never touched; and for them I think they speak out of zeal to their countries and not out of spleen or malevolent affection, as being parties grieved. And I take it exceedingly gratefully from them, because it gives us to know that no respects or interests had moved them other than the minds they bear to suffer no diminution of our honor and our subjects' love unto us, the zeal of which affection tending to ease my people and knit their hearts unto me, I embrace with a princely care. For above all earthly treasures I esteem my people's love, more than which I desire not to merit. That my grants should be grievous unto my people and oppressions to be privileged under color of our patents, our kingly dignity shall not suffer it. Yea, when I heard it I could give no rest unto my thoughts until I had reformed it. Shall they (think you) escape unpunished that have thus oppressed you, and I have been respectless of their duty and regardless of our honor? No, no, Mr. Speaker, I assure you, were it not more for conscience' sake than for any glory or increase of love that I desire, these errors, troubles, vexations, and oppressions done by these varlets and low persons (not worthy the name of subjects) should not escape without condign punishment. But I perceive they dealt with me like physicians who, ministering a drug, make it more acceptable by giving it a good aromatical savor; or when they give pills, do gild them all over. I have ever used to set the Last Judgment day before my eyes and so to rule as I shall be judged, to answer before a higher judge. To whose judgment seat I do appeal that never thought was cherished in my heart that tended not unto my people's good. And now if my kingly bounties have been abused and my grants turned to the hurts of my people, contrary to my will and meaning, or if any in authority under me have neglected or perverted what I have commited to them, I hope Good will not lay their culps and offenses to my charge. Who, though there were danger in repealing our grants, yet what danger would I not rather incur for your good than I would suffer them still to continue? I know the title of a king is a glorious title, but assure yourself that the shining glory of princely authority hath not so dazzled the eyes of our understanding but that we well know and remember that we also are to yield an account of our actions before the great Judge. To be a king and wear a crown is a thing more glorious to them that see it than it is pleasant to them that bear it. For myself, I was never so much enticed with the glorious name of a king or royal authority of a queen as delighted that God hath made me His instrument to maintain His truth and glory, and to defend this kingdom from peril, dishonor, tyranny, and oppression. There will never queen sit in my seat with more zeal to my country, care to my subjects, and that will sooner with willingness venture her life for your good and safety, than myself. For it is not my desire to live or reign longer than my life and reign shall be for your good. And though you have had and may have many princes more mighty and wise sitting in this seat, yet you never had or shall have any that will be more careful and loving."

About 1584, Richard Hakluyt, a Bristol clergyman, wrote "A Particular Discourse concerning Western Discoveries". This was to become the classic statement of the case for English colonization. It held out hope that the English would find needed timber for masts, pitch, tar, and ashes for soap.

In Rome in 1600, Giordano Bruno, an Italian monk and priest, was burned alive at the stake by a court of the inquisition for not recanting, although tortured, his heretical and blasphemous philosophy. He had opined that Christianity was irrational and had no scientific basis, that Christ was only a skillful magician, that the Bible could not be taken literally, that God and nature were not separate as taught by Genesis, that the Catholic church encouraged ignorance from the instinct of self-preservation, and that the earth and planets revolved around the sun, as did other planets around other suns.

The Jesuits, a new Catholic order brimming with zeal, sent missionaries to England to secretly convert people to Catholicism. The practice of Catholicism had gone underground in England, and some Catholic house-holders maintained Catholic priests in hidden places in their homes.

- The Law -

Although estate tails (estates descendible only to the heirs of the body of the original feofee) by law could not be sold or given away, this was circumvented by use of a straw man. In collaboration with the possessor of the property, this straw man sued the possessor asserting that the property had been wrongfully taken from the straw man. The possessor pleaded that the crier of the court who had warranted it should be called to defend the action. He failed to appear until after judgment had been given to the straw man. Then the straw man conveyed it to the possessor or his nominee in fee simple.

No one shall make false linen by stretching it and adding little pieces of wood, which is so weak that it comes apart after five washings.

Timber shall not be felled to make logs for fires for the making of iron.

No one may take small fish to feed to dogs and pigs. Only nets with mesh leaving three inches spaces may be used to catch fish.

No attainder shall result in the forfeiture of dower by the offender's wife nor disinheritance of his heirs.

The following statute of artificers regulated labor for the next two centuries: No master or mistress may employ a servant for a term less than one year in the crafts of clothiers, woolen cloth weavers, tuckers, fullers, clothworkers, shearmen, dyers, hosiers, tailors, shoemakers, tanners pewterers, bakers, brewers, glove- makers, cutlers, smith, farriers, curriers, saddlers, spurriers, turners, cappers, hatmakers, feltmakers, bow-makers, arrow-makers, arrow-head-makers, butchers, cooks, or millers, so that agriculture will be advanced and idleness diminished. Also, every craftsman unmarried or under age 30 who is not working must accept employment by any person needing the craft work. Also, any common person between 12 and 60 who is not working must accept employment in agriculture. And, unmarried women between 12 and 40 may be required by town officials to work by the year, the week, or day for wages they determine.

All artificers and laborers hired by the day or week shall work from 5 am to 7 PM. All artificers must labor at agriculture at haytime and harvest to avoid the loss of grain or hay. Every householder who raises crops may receive as an apprentice a child between 10 and 18 to serve in agriculture until he is age 21. A householder in a town may receive a child as an apprentice for 7 years, but merchants may only take as apprentices children of parents with 40s. freehold. (This was designed to inhibit migration to the towns. It excluded three fourths of the rural population.)

No one may be a craftsman until he has served seven years as an apprentice. These artificers may have children as apprentices: smith, wheelmaker, ploughmaker, millmaker, miller, carpenter, rough mason, plasterer, a timber sawer, an ore burner, a lime burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate roofs, layer of wood shingle roofs, layer of straw roofs, cooper, earthen potter, linen weaver, housewife who weaves wool for sale or for household use.

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Our Legal Heritage : 600-1776 King Aethelbert - King George Iii · The Wunder Library — complete classics, free to read, with narration.

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