Part 75

Offenders shall pay the charge of their own conveyance to gaol or the sum shall be levied by sale of their goods so that the King's subjects will no longer be burdened thereby.

Plaintiffs' costs shall be paid by the defendants where there is a judgment against the defendant in all actions in which the plaintiff is entitled to costs on judgment for him, to discourage frivolous and unjust suits.

By 1616, Chancery could order injunctions to stop activities.

In Slade's case of 1602, the Court of the Queen's Bench held that assumpsit may be brought in place of the action of debt. So assumpsit supplants debt for recovering liquidated sums and is then called "indebitatus assumpsit".

A statute of 1623 gave rights for adverse possession. It provided that all writs of formedon [right to land by gift of a tail] in descender, formedon in remainder, and formedon in reverter for any manors, lands, tenements, or hereditaments shall be sued within twenty years, for the quieting of men's estates and avoiding of suits. In default thereof they shall be excluded from such entry except children under 21 years, women-covert, non compos mentis, imprisoned or overseas shall have an additional 10 years after their disability ceases if the 20 years have expired. The limitation for bringing actions on the case (except slander), account, trespass, replevin, debt, detinue for goods and chattels and the action of trespass, quare clausum fregit [damages for unlawful entry on land], is within 6 years; for trespass of assault, battery, wounding, imprisonment is within 4 years; and for actions upon the case for words is within 2 years.

The trial of Sir Walter Ralegh in 1603 began a call for a right to confront and question one's accusers. Before trial, privy counselors who in theory sat as impartial justices, cross-examined Ralegh in prison. With a carefully selected jury present, the trial began with reading of the indictment, which Ralegh had not yet seen. He was charged with treason in plotting with Catholic Spain to put Arabella Stuart on the throne. Arabella was to write to Spain promising peace, toleration of Catholics in England, and direction by Spain in her marriage choice. He pled not guilty and took no exception to any jurors, stating that he knew them all to be honest men. Next, Attorney General Edward Coke, his enemy and rival, and he engaged in a debate about who was right, with Coke outright bullying him. Coke then produced a signed confession by Lord Cobham that implicated him in the alleged conspiracy and accepting 10,000 crowns for his part. Ralegh was given permission to speak. He said that Cobham had retracted his confession. He ridiculed the idea that he would betray England to Spain for gold after fighting against Spain, including risking his life three times, and spending 4,000 pounds for the defeat of Spain. He pointed to a treatise he had written to the king on the present state of Spain and reasons against peace. Then there was a discussion on the validity of Cobham's confession. Cecil gave an oration of Ralegh. Coke gave a speech. Ralegh asked to have his accuser brought before him face to face. He cited law that two witnesses were necessary for a conviction for treason. Chief Justice Popham replied that only one witness was necessary under common law, which applied to his case, and that the trial was properly by examination of the defendant. Coke added that it would be improper to call Cobham because he was a party. Then Coke surprised Ralegh with a letter from Cobham stating that Ralegh had asked Cobham to procure him an annual pension of 1500 pounds from Spain for disclosing intelligence. Ralegh acknowledged that a pension was offered, but denied that he had ever intended to accept it. He admitted that it was a fault not to inform authorities of this offer. The jury deliberated for fifteen minutes and returned with a verdict of guilty. The Chief Justice delivered the sentence for treason: drawing, hanging, disembowelling, beheading, and quartering. The whole trial was not so much to access guilt, but to show the general public that the person was guilty.

Church courts were revived after a period of disuse. They could annul an unconsummated or legally invalid marriage (e.g. consanguinity, impotence, a witnessed precontract to marry) and order judicial separations in case of adultery, cruelty, or apostasy. Annuled marriages made a person's children illegitimate. An action at common law for "criminal conversation" [adultery] with the plaintiff's spouse or for assault and battery could result in an order for separation. But only a private statute of Parliament could grant a divorce, which allowed remarrige. It was granted in only a few cases and only to the very wealthy. Church officials spied upon people's conduct to draw them into their courts and gain more money from the profits of justice.

In 1610, Edward Coke, Chief Justice of the Court of Common Pleas, decided that the statute giving the Royal College of Physicians power to imprison and fine those practicing without a license was invalid and unenforceable because it gave the college half of each fine awarded, which was a conflict of interest with its role as an adjudicator. Coke said that a maxim of the common law was that no man ought to be judge in his own cause. By this decision, he asserted a court supremacy over Parliament with respect to the validity of statutes. He opined that the courts should not only be independent of the Crown, but should act as arbiter of the Constitution to decide all disputed questions. In his words, "When an Act of Parliament is against common right and reason, the common law will control it and adjudge such Act to be void."

Justices still explained and in some degree interpreted legislative acts of Parliament as they had since the 1500s, but their right to do so was coming into question and was slowly lost.

Female scolds were still dunked into water as punishment.

Only barristers, who were called to the bar after being in long residence in one of the Inns of Court, could practice before the King's court. Attorneys and solicitors prepared cases for barristers and practiced before minor courts.

The king appointed the justices, with the advice of the Chancellor. James I often intimidated the justices to see things his way.

The oath of a justice was: "Well and and truly ye shall serve the King and his people. And ye shall take no fee or livery of none but the King, nor gift or reward of none that hath a do before you except it shall be meat or drink of small value, as long as the plea hangs before you. And ye shall do equal law and execution of Right to all the King's subjects rich and poor, without regard to any person. Ye shall counsel our Sovereign Lord the King in his need. And ye shall not delay any person of common right for the letters of the King or of any person or for any other cause ... So help you God."

The courts of King's Bench and Common Pleas, and the Chancery all met simultaneously in Westminster Hall. Throngs passed up and down the middle aisles between the courts, including booksellers, stationers, scriveners, and vendors of bread and hot meat. The hall was so cold that people kept on their coats and hats.

The last court case concerning villeinage was in 1618.

- - - Chapter 15 - - -

- The Times: 1625-1642 -

The entourage of Charles I came to be called "Cavaliers". They were named by their opponents for the Spanish caballero who was a Catholic who prosecuted Protestants. Their hair had long, curled, and flowing locks. They wore a broad-rimmed decorated hat. Their fancy jackets and breeches were loose. Boots were wide and folded over at the top. Young men wore earrings and painted their faces. A lady wore her hair in ringlets on each side of her face. Her dress was fitted at the waist, with a peaked bodice. It was low at the shoulders with a scoop neckline in front. She often wore much lace, especially at the neck down to the bust line. Her outer dress and under-skirt that was revealed in front were full and made of satin and stiff silk or velvet. Only hose of silk was worn at court.

A majority of prosperous industrial towns and fee farmers, led sometimes by lords or old landed gentry were Puritans. They dressed plainly and in somber colors such as black, grey, and buff, with no ornamentation except plain white collars and cuffs of linen rather than of lace. Wool replaced silk and velvet. No jewelry was worn. The Puritan women also wore long white aprons. The Puritan men for a time had short-cut hair. The Puritan- Parliamentarians were given the name "Roundheads" after the crop- headed London apprentices whose rioting had marked every stage of the conflict between king and Parliament. The Puritan women smoothed their hair back into little knobs and covered their hair and head with a white covering. Both Puritan men and women wore broad-rimed hats and plain shoes. The ordinary country man wore a felt hat, broadcloth coat, woolen trousers, hand-knitted worsted stockings, and plain, strong shoes.

Nine-tenths of the people were Protestant. Religion was a favorite and serious topic of discussion, even among the illiterate. On the whole, they were more inclined to salvation by grace than to salvation by good works. Popular reading included guides for good manners such as "The Rich Cabinet" by Thomas Gainsford, and "Youths Behavior" translated from the French by Francis Hawkins. It advised not to sit with one leg on the other, but with the feet even; not to spit on one's fingers; and not to sniffle in the sight of others. Books for ladies such as "Delights for Ladies" by Hugh Platt told them how to adorn themselves, tables, closets, and distillatories with beauties, banquets, perfumes, and waters. It taught preserving and comfit making, cooking, and housewifery. Gervase Markham wrote advice for men in "Hobsons Horse-load of Letters", which addressed serious negotiations, private businesses, amorous accomplishment, wanton merriment, and the defense of honor and reputation. "A Helpe to Discourse" by W.B. and E.P. primed a man to meet company with suggested questions and answers, epigrams, riddles, and jests. In Henry Peacham's "The Compleat Gentleman" (1622), the model Cavalier is portrayed in terms of horsemanship, tilting, sports, choice of companions, reserved and dignified conduct, good scholarship, and responsibility. This popular book was a guide to university, where there was a seven year course of classroom lectures. It advised conversation with men of the soundest reputation for religion, life, and learning, but recreation with those of the same rank and quality. First place was to be given to religion, so that the foundation of all studies would be the service of God. Following in importance were: speaking and writing in English or Latin (grammar, syntax, and rhetoric), astronomy, astrology, geography (whose authorities were Pliny, Strabo, and the pagan writers of the first century), chorography, mathematics, including arithmetic and geometry, poetry (reading, writing, and criticizing), music, including part-music, drawing, limning, painting, art history, exercise (riding, running, leaping, tilting, throwing, wrestling, swimming, shooting, and falconry), logic and disputation if related to one's intended profession such as the law, philosophy (Plato and Aristotle), and some medicine and botany.

The Flemish Johann Baptista van Helmont demonstrated that metals dissolved in acid can be recovered through chemical means and enunciated the doctrine that each thing in nature has its own specific organization.

Richard Brathwaite's "The English Gentleman" portrays the sombre Puritan who accepts the gospel of work. He is a staid and serious businessman. "Matrimonial Honour" by Daniel Rogers opined that for success, a marriage must be godly, with the parties equally religious, worshipping together in private and in public. A hasty or worldly marriage would bring repentance. The spouses should agree, but keep to their spheres. Children should not be spoiled.

Large households were more or less self-supporting and were managed by their ladies. Work included ordering wool, hemp, and flax; making cloth and dying it; dairy work; brewing; malting; baking; preserving wines; extracting oils; distilling perfume; and putting on banquets. Couches were coming into use in parlors.

The king and his court entourage settled for most of the year in Whitehall instead of travelling around the country. The king let the public into Hyde Park for recreation. The City of London and Westminster were still separate, but a mass of hovels was springing up in between them. The water carrier was still active and the night transport of sewage necessary. In certain areas there lived in crowded houses, those wanted for minor offenses, small thefts, and debt. Bailiffs did not dare venture into them because the inhabitants hid and defended each other unless the offense was a major one. The penalty for stealing even small sums was still death.

Indigo Jones was the first architect of consequence. He had studied in Italy and designed and built the Banqueting House at Whitehall in London in 1622. It had classical proportions and nice shaping and dressing in stone. He was now an arbiter of taste for the King Charles and his Queen and built many structures for them, including the Queen's Chapel at St. James Palace and her bedroom in the Queen's Hose in Greenwich. All over London and the country he and his pupils built many classical buildings, including houses, churches, stables, lodgings, out-buildings, staircases, galleries, watergates, and archways. They stood in stark contrast to the Tudor buildings around them. In the 1632, Jones started town-planning in London with Covent Garden fruit and vegetable market with terraced houses around a central piazza surrounded by open arcades with a Tuscan church at one end. In 1634, a man from the suburb of Hackney introduced a line of coaches rented at 1s. per hour. They soon became very popular.

A large part of England was rebuilt as yeomen expanded their houses and others lower in rank replaced mud and wood hovels with brick and stone cottages. A separate kitchen appeared. The ground floors are boarded over to create bedrooms. Permanent stairs replace ladders. Glass appears in windows. Glass and crockery replace wood and pewter, Chairs replace benches. Knives and forks become common.

About 1640 began travel between towns by covered wagons called stage coaches. They carried passengers and goods and stopped at inns for stabling and repairs.

Work was begun in 1630 to make canals that would make waters run to the sea. Barges on canals were the most efficient mode of transportation. A barge could carry 50 tons on a canal and only 30 on a river. A single horse could haul a wagon on iron rails with 8 tons, on a soft road with 8 tons, and on his back 1/8 of a ton.