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Part 59

Our Legal Heritage, King Aethelbert, 596 to King George Iii, 1775 · S. A. Reilly — chapter 59 of 104 · ~2,672 words · public domain

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Villeinage was now virtually extinct. A lord could usually claim a small money-rent from the freeholder, sometimes a relief when his land was sold or passed at death, and occasionally a heriot from his heir.

There was steady inflation. Landlords made their leases short term so that they could raise rents as prices rose. Copyholders gradually acquired a valuable right in their holdings; their rent became light - less that a shilling an acre.

At least 85% of the population still lived in the country. Rich traders built town or country houses in which the emphasis was on comfort and privacy. There was more furniture, bigger windows filled with glass, thick wallpaper, and formal gardens. Use of thick, insulating wallpaper rose with the rise of paper mills. It was stenciled, hand-painted, or printed. Some floors were tiled instead of stone or wood. They were still strewn with straw. The owners ate in a private dining room and slept in their own rooms with down quilts. Their soap was white. They had clothing of white linen and white wool, leather slippers, and felt hats. Men wore long tunics open at the neck and filled in with pleated linen and enormous puffed sleeves.

Henry made proclamations reminding people of the apparel laws, but they were difficult to enforce. Henry also made a proclamation limiting the consumption of certain meat according to status. Seven dishes were allowed to bishops, dukes, marquises, and earls; six to other temporal lords; five to justices, the King's council, sheriffs, and persons with an income of at least 200 pounds yearly or goods worth 2000 pounds; four to persons with an income of at least 100 pounds or goods worth 1000 pounds; and three dishes to persons with an income of at least 100 pounds or goods worth 500 pounds. There were limits on types of meat served, such as a maximum of one dish of great fowl such as crane, swan, and peacock; eight quail per dish; and twelve larks in a dish. People used tin or pewter dishes, platters, goblets, saucers, spoons, saltcellars, pots, and basins. They used soap to wash themselves, their clothes, and their dishes. A solid, waxy soap was from evaporating a mixture of goat fat, water, and ash high in potassium carbonate. They had bedcovers on their beds. Cloth bore the mark of its weaver and came in many colors. Cloth could be held together with pins that had a shank with a hook by which they were closed. People went to barbers to cut their hair and to extract teeth. They went to people experienced with herbs, roots, and waters for treatment of skin conditions such as sores, cuts, burns, swellings, irritated eyes or scaly faces. For more complicated ailments, they went to physicians, who prescribed potions and medicines. They bought potions and medicines from apothecaries and pharmacists. They burned wood logs in the fireplaces in their houses. So much wood was used that young trees were required by statute to be given enough lateral space to spread their limbs and were not cut down until mature.

The King, earls, who ruled counties, and barons, who had land and a place in the House of Lords, still lived in the most comfort. The King's house had courtyards, gardens, orchards, wood-yards, tennis courts, and bowling alleys.

The walls of the towns were manned by the citizens themselves, with police and watchmen at their disposal. In inns, travelers slept ten to a bed and there were many fleas and an occasional rat or mouse running through the rushes strewn on the floor. The inn provided a bed and ale, but travelers brought their own food. Each slept with his purse under his pillow.

In markets, sellers set up booths for their wares. They sold grain for making oatmeal or for sowing one's own ground. Wine, butter, cheese, fish, chicken, and candles could also be bought. Butchers bought killed sheep, lambs, calves, and pigs to cut up for selling. Tanned leather was sold to girdlemakers and shoemakers. Goods bought in markets were presumed not to be stolen, so that a purchaser could not be dispossessed of goods bought unless he had knowledge that they were stolen.

The ruling group of the towns came to be composed mostly of merchants, manufacturers, attorneys, and physicians. Some townswomen were independent traders. The governed class contained small master craftsmen and journeyman artisans, small traders, and dependent servants. The major streets of London were paved with stone, with a channel in the middle. More water conduits from hills, heaths, and springs were built to provide the citizens of London with more water. The sewers carried only surface water away. Households were forbidden to use the sewers. Privies emptied into cesspools.

The Merchant Adventurers' Fellowship brought virtually all adventurers under its control and organized and regulated the national cloth trade. It had a General Court of the Adventurers sitting in the London Mercers' Hall. Various companies were granted monopolies for trade in certain areas of the world such as Turkey, Spain, France, Venice, the Baltic, and Africa. These were regulated companies. That is they obtained complete control of a particular foreign market, but any merchant who cared to join the company, pay its dues, and obey its regulations, might share in the benefits of its monopoly. The companies generally confined trade to men who were primarily merchants and not shopkeepers. In 1553 explorer Sebastian Cabot formed the Muscovy Company, which was granted a monopoly in its charter for trade with north Russia. It was oriented primarily to export English woolen cloth. It was the first company trading on a joint stock, which was arranged as a matter of convenience and safety. The risks were too great for any few individuals. It hired ships and assigned space to each member to ship his goods at his own risk. The dividend was return to the subscribers of the capital put in plus an appropriate share of any profits made on the voyage. I.e. the money was divided up. The members began leaving their money with the company for the next voyage. A general stock grew up. In 1568 were the first industrial companies: Mines Royal, and Mineral and Battery Works. The cloth, mining, iron, and woodcraft industries employed full-time workers on wages. In the ironworks and foundries, the furnace blowing engines were worked by water wheels or by a gear attached to donkeys or horses. The forge hammers were worked at first by levers and later by water wheels. The day and night hammering filled the neighborhood with their noise.

Land held in common was partitioned. There were leases of mansion houses, smaller dwelling houses, houses with a wharf having a crane, houses with a timber yard, houses with a garden, houses with a shed, shops, warehouses, cellars, and stables. Lands with a dye-house or a brew-house were devised by will along with their dying or brewing implements. There were dairies making butter and cheese.

The knights had 70% of the land, the nobles 10%, the church 10%, and king 5%.

Citizens paid taxes to the king amounting to one tenth of their annual income from land or wages. Merchants paid "forced loans" and benevolences. The national government was much centralized and had full-time workers on wages. A national commission of sewers continually surveyed walls, ditches, banks, gutters, sewers, ponds, bridges, rivers, streams, mills, locks, trenches, fish- breeding ponds, and flood gates. When low places were threatened with flooding, it hired laborers, bought timber, and hired carts with horses or oxen for necessary work. Mayors of cities repaired water conduits and pipes under their cities' ground.

The organ and the harp, precursor to the piano, were played.

All people generally had enough food because of the commercialization of agriculture. Even the standard meal of the peasant was bread, bacon, cheese, and beer or cider, with beef about twice a week. Also, roads were good enough for the transport of foodstuffs thereon. Four-wheeled wagons for carrying people as well as goods. Goods were also transported by the pulling of barges on the rivers from paths along the river. A plough with wheels was used as well as those without.

The matchlock musket came into use, but did not replace the bow because its matchcord didn't remain lit in rainy weather. The matchlock was an improvement over the former musket because both hands could be used to hold and aim the matchlock musket because the powder was ignited by a device that touched a slow-burning cord to the powder when a trigger was pulled with one finger.

After the break with Rome, cooperation among villagers in church activities largely ceased. The altars and images previously taken care of by them disappeared and the paintings on the walls were covered with white or erased, and scripture texts put in their place. People now read the new Bible, the "Paraphrases" of Erasmus, Foxe's "Book of Martyrs", and the works of Bishop Jewel. The Book of Martyrs taught the duty and splendor of rising above all physical danger or suffering. The canon law of the church was abolished and its study prohibited. Professorships of the civil law were founded at the two universities. The Inns of Court grew. Attorneys had more work with the new laws passed to replace the church canons of the church. They played an important role in town government and many became wealthy. They acquired town houses in addition to their rural estates.

Church reforms included abolishing church sanctuaries. Benefit of clergy was restricted. Parsons were allowed to marry. Archbishops were selected by the king without involvement by the pope. Decisions by archbishops in testamentary, matrimonial, and marriage annulment matters were appealable to the Court of Chancery instead of to the pope. The clergy's canons were subject to the King's approval. The control of the church added to the powers of the Crown to summon and dissolve Parliament, coin money, create peers [members of the House of Lords who received individual writs of summons to Parliament], pardon criminals, order the arrest of dangerous persons without customary process of law in times of likely insurrection, tax and call men to arms without the consent of Parliament if the country were threatened with invasion.

About 1550 there began indictments and executions for witchcraftery which lasted for about a century. One of the reasons for suspecting a woman to be a witch was that she lived alone, which was very unusual.

Henry ordered all alien Anabaptists, who denied the validity of infant baptism, to leave the realm.

In Switzerland, Theophrastus Paracelsus, an astrologer and alchemist who later became a physician, did not believe that humor imbalance caused disease nor in treatment by bloodletting or purging. He believed that there were external causes of disease, e.g. toxic matter in food, contagion, defective physical or mental constitution, cosmic influences differing with climate and country, or affliction sent Providence. He urged that wounds be kept clean rather than given poultices. In 1530, he pioneered the application of chemistry to physiology, pathology, and the treatment of disease by starting clinical diagnosis and treatment of disease by highly specific medicines, instead of by cure-alls. For instance, he used alkalis to treat disease, such as gout, indicated by certain substances in the urine, which also started urinalysis. He perceived that syphilis was caused by contagion and used mercury to cure it. He found curative powers also in opium, sulphur, iron, and arsenic. Opium was made by drying and cooking the capsule of the poppy and was one of the few really effective early drugs. Paracelsus urged alchemists to try to prepare drugs from minerals for the relief of suffering. He claimed to acquire knowledge of cures through spiritual contacts to occult wisdom. He believed that a human being has an invisible body as well as a visible one and that it is closely attuned to imagination and the spiritual aspect of an individual. He noticed that one's attitudes and emotions, such as anger, could affect one's health. He sometimes used suggestion and signs to help a patient form mental images, which translated into cures. He saw insanity as illness instead of possession by evil spirits.

Understanding of the celestial world began to change. Contemporary thought was that the nature of all things was to remain at rest, so that movement and motion had to be explained by causes. The earth was stationary and the heavens were spherical and revolved around the earth every twenty-four hours. The universe was finite. The firmament extended outward in a series of rotating, crystalline, ethereal spheres to which were attached the various points of celestial geography. First came the circle of the moon. The sun orbited the earth. The fixed stars rotated on an outer firmament. Finally, there was the abode of God and his heavenly hosts. Different principles ruled the celestial world; it was orderly, stable, ageless, and enduring. But the world of man changed constantly due to its mixed four elements of air, earth, fire, and water each trying to disentangle itself from the others and seeking to find its natural location. The heavenly spheres could affect the destinies of men, such as through fate, fortune, intelligence, cherubim, seraphim, angels, and archangels. Astrologers read the celestial signs and messages.

Then a seed of doubt was cast on this theory by Nicholaus Copernicus, a timid monk in Poland, who found inconsistencies in Ptolemy's work, but saw similarity in the movements of the earth and other planets. He inferred from the "wandering" planetary movements with loops that their motion could be explained simply if they were revolving in circular paths around the sun, rather than around the earth. In his book of 1543, he also expressed his belief that the earth also revolved around the sun. This idea so shocked the world that the word "revolution" became associated with radical change. He thought it more likely that the earth rotated than that the stars moved with great speed in their large orbits. He proposed that the earth spins on its own axis about once every twenty-four hours, with a spin axis at about a 23 1/2 degree tilt from the orbital axis, thus explaining a slow change in the overall appearances of the fixed stars which had been observed since the time of Ptolemy. He deduced from astronomical measurements that the correct order of the planets from the Sun was: Mercury, Venus, Earth, Mars, Jupiter, and Saturn. The church considered his ideas heretical because contradictory to its dogma that man and the earth were the center of the universe. A central sun evoked images of pagan practices of sun worship.

- The Law -

A person having land in socage or fee simple may will and devise his land by will or testament in writing.

A person holding land by knight's service may will and devise by his last will and testament in writing part of his land to his wife and other parts of his land to his children, as long as 1/3 of entailed land is left to the King.

Anyone serving the king in war may alienate his lands for the performance of his will, and if he dies, his feoffees or executors shall have the wardship of his heir and land.

A person who leases land for a term of years, even if by indenture or without a writing, may have a court remedy as do tenants of freehold for any expulsion by the lessor which is contrary to the lease, covenant, or agreement. These termers, their executors and assigns, shall hold and enjoy their terms against the lessors, their heirs and assigns. The lessor shall have a remedy for rents due or waste by a termer after recovering the land as well as if he had not recovered the land.

A lord may distrain land within his fee for rents, customs, or services due without naming the tenant, because of the existence of secret feoffments and leases made by their tenants to unknown persons.

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