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Part 92

Our Legal Heritage, King Aethelbert, 596 to King George Iii, 1775 · S. A. Reilly — chapter 92 of 104 · ~3,187 words · public domain

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Bad areas of thieves and prostitutes and the slums east of the City were gradually being replaced by warehouses and offices. In 1757, London Bridge was widened and the houses were cleared off it. There were lanes for carriages in the middle and for pedestrians on each side. Its arches were also widened to make the passage of vessels underneath easier. Lights were put on it to be lit all night. And watchmen were put on it for protection and safety of passengers. (This was paid for by tolls of 1/2 d. per horse, 1d. per carriage, and 2d.-1s. for vessels with goods passing underneath.) About 1762, a body of enterprising citizens secured private acts of Parliament which allowed them to levy a house tax in return for providing paving and lighting, which then greatly improved, as did sanitation. Sidewalks were raised between the street proper and the buildings, replacing the protective posts which had lined the roads. Flat stones were put in place of the pebbles on the roadway. Signs hanging in from of stores, which had blocked the sunlight, were placed flat in front of the buildings. This also made the streets more airy. The buildings were given numbered addresses and street names were placed on buildings. Loading and unloading could not exceed one hour. Nuisances like empty carts could be removed. Cranes used in warehouses had to be stored in unobtrusive places. One who drove on the foot pavement had to forfeit 10s. for the first offense, 20s. for the second offense, and 40s. for other offenses. Wells were dug and pumps erected for watering the streets. Pavements were to be repaired on complaint. Dust boxes and dust holes were built and had to be used for refuse awaiting pickup by the raker or else forfeit 10s. In 1762, the system of having every man responsible for cleaning the street in front of his door, which occasioned piles of rubbish in the central troughs of the streets waiting for the next rain to be washed away, was abandoned. But house occupants were required to keep the sidewalk in front of their house clean or else forfeit 2s. If one broke a light, he had to pay damages if it was accidental, and also 20s. if willful. Wards were to choose substantial inhabitants to be collectors for a year at a time to collect the rates, which were not to exceed 1s.6d. per pound of rents. If one declined to be a collector, he had to forfeit 50 pounds. There were special stands for hackney coaches, which were 12s.6d. for a day of twelve hours. Their regulations were extended to Sundays.

In London, the normal system of building was for builders to buy up leases, put up a new building, and sell it before the lease became due. The rules for party walls between buildings were made more stringent: 2 1/2 bricks thick in cellar, 2 bricks thick to the garret floor, and 1 1/2 bricks above the roofs or gutters. They had to be made of brick or stone. In 1772, rain water from roofs had to be carried to the streets in lead or other pipes that were affixed against the side of the building. In 1774, iron, copper, or other pipe or funnel for conveying smoke or steam were not to be near any inside timber, or in front of most any building or next to any public street, square, or court.

In the 1720s firefighters had to fill a tank on a wagon by hand with buckets. On top of the tank was a hose that could spray water high. London parishes were authorized to place upon the water pipes underground stop-blocks of wood with a plug and firecocks to go into such pipe at various distances so that there would be no loss in time in digging down to the pipes to get water to fight fires. Parishes were required to keep at known places, ladders and a large engine and a hand engine to throw up water to extinguish fires including one leather hose with socket fitting the plug or firecock, so that buckets would not be needed. The Sun Insurance Company was incorporated for fire insurance in 1711. Insurance offices were authorized to employ watermen with poles, hooks, and hatchets to be always ready at a call to extinguish fires.

No more than 12 sacks of meal, 12 quarters of malt, 750 bricks, or 1 chalder of coal per load on wagons or carts with wheels bound with [narrow] iron tire are allowed within ten miles of London or Westminster, or else forfeit one horse. This is to prevent decay of the roads.

For every wagon and cart in London, there must be a person on foot to guide it to prevent the maiming, wounding, and killing of people, especially the old and children, when drivers ride on their wagons and carts. Later, it was required that carts must display the name of the owner and be registered. Still later, there was a penalty of 10s. for not having a person on foot to guide any cart. Later still, in 1757, if a new owner of a cart did not put his name thereon, he had to forfeit 40s., and the cart and horse could be seized and sold to pay the forfeiture. Persons willfully obstructing passage on streets with empty carts or barrels or pipes shall forfeit 5-12s. or do hard labor up to one month. The justices of London assessed rates and made regulations for carriage of goods. Certain houses and buildings were bought and pulled down to widen several streets, lanes, and passages.

In 1774, persons driving cattle in London, whose negligence or improper treatment of such cattle cause them to do mischief shall forfeit 5-20s. or else go to a House of Correction for up to one month or be publicly whipped.

The roads around London were neither very attractive nor very safe. Along them was land covered with water from drains and refuse and dung heaps. Hogs were kept in large numbers on the outskirts and fed on the garbage of the town. Smoking brick kilns surrounded a great part of London. In the brickyards vagrants lived and slept, cooking their food at the kilns.

Queen Anne's drinking of tea made it a popular drink, but it was still expensive. This habit improved health because to make tea, the water had to be boiled before drunk. Breakfast included tea and bread and butter, and later toast with melted butter. The rich also had coffee and chocolate. The morning newspaper was often read at breakfast. The chief dinner dishes were roast beef, roast mutton, boiled beef or pork, with puddings and vegetables. Roast meat was still the basic diet of town and country gentlemen. There were also fowls, tripes, rabbits, hares, pigeons, and venison. Many elaborate sauces were made. The national dish was the pudding, a compound of steak, kidney, larks, and oyster. Drinks included ginger beer, lemonade, barley water, coffee, chocolate, tea, and foreign wine. Port from Portugal was introduced about 1703, and rum about 1714. Rum, made from sugar, first became popular as a medicine, well-whisked with butter. Beer was drunk by the poorer and middle classes. The poor could afford very little meat now, unlike 200 years ago. Their standard fare was cheese, bread, and tea, the latter of which was usually from used tea leaves bought from rich houses.

Households were smaller; a peer had a household of about 25-50. The proportion of women grew to one-third to one-half. Dinner guests sat and were served in order of rank, with gentlemen on one side of the table and ladies on the other. Later, a fashion came in to sit alternately by sex. Dinner was in several courses and lasted a few hours. Toasts might be made. It was bad manners to put one's elbows on the table, to sniff the food, to eat too slowly or too quickly, to scratch, spit, or blow one's nose at the table, or to pick one's teeth with a toothpick before the dishes were removed. After dinner, the men drank, smoked, and talked at the table. There was a chamber pot under the sideboard for their use. Politics was a popular subject. The women talked together in the drawing room. Later, the men joined the women for tea and coffee. The evening often finished with card games, reading newspapers, verse-making, fortune-telling, walks in the garden, impromptu dancing, perhaps gambling, and supper.

The nobility and gentry became more mobile and now mixed together at parties. At these afternoon parties, there were a variety of simultaneous activities, instead of everyone participating in the same activities together as a group. Guests could choose to engage in conversation, news, cards, tea-drinking, music, dancing, and even go into supper at different times. Sometimes a man other than her husband escorted a lady to a party. Having lovers outside marriage was socially accepted if discrete.

Single women were discouraged from thinking of their independent status as desirable. Their single status was to be regarded as unfortunate. Weddings were taking place in public in church instead of privately. Brides wore a white silk or satin dress with a train. Over one third of brides who were capable of having children were already pregnant when they married. In 1753 a marriage statute required licenses to marry, the consent of parents or guardians for minors to marry, the calling of banns [advance announcement so that anyone could give a reason why the marriage should not take place], and four weeks residence in the parish where the license was given by bishop or other authority. These requirements addressed the problems of the kidnapping of heiresses, prostitutes trapping unwary youths after getting them drunk, and priests performing marriages clandestinely and not in church, which required banns. Two witnesses to the marriage were required to sign a certificate of marriage, which was then to be registered in the parish books. Manufactured goods relieved ladies from baking of bread, brewing, and spinning. So they often visited with friends, wrote letters, embroidered, and supervised the servants.

Funerals ceremonies started with socializing at the house with refreshments, then going in a procession to the church for burial, and finally returning to the house for more socializing.

It was possible for a woman-covert to be seized of land in fee simple or in tail general or special to her separate use, free from control or intermeddling of her husband.

Houses were warmed in winter by burning coal. Furniture was still sparse. Moderate homes had tent-beds in use, with which cloth was hung on all four sides of the bed from a light iron framework above the bed. The beds were warmed with a warming pan heated in a fire before use. There were often bed bugs and fleas. Everyone wore nightcaps to bed. Pewter tableware was used, but the poor used tinware instead. Copper, brass, and iron pots and pans were increasingly common.

Most towns had a regular market once or twice a week. In them, street cleaning was still a responsibility of individual householders. Water was still obtained from wells and pumps. There was no municipal government as such. Public works were done by special commissions set up for particular purposes, such as lighting, cleaning and paving the streets, night watchmen, traffic regulation, removing nuisances, and improving local amenities. Large towns had hospitals for the poor. In the larger manufacturing towns, there were literary and philosophical societies for debates and discussions. These put together libraries for use of their members. Also in these large towns, there were booksellers' shops, printing houses, weekly newspapers, playhouses, concerts, and horseracing courses, the latter of which was mostly patronized by gentlemen. Some private citizens of various towns followed the example of London and obtained from Parliament the right to levy a house rate for paving and lighting. Physicians and lawyers lived in two-story brick mansions with attics and sash windows that could be lifted up and down with the help of a pulley. They had rectangular wood panes each with a sheet of glass cut from a circle of blown glass. The old blown glass was not regular, but had a wrinkled appearance. The center of each pane of glass was thicker with a knot in the middle left from the blow pipe. In front of the house were railings which supported two lanterns at the doorway.

Towns tended to be known for certain specialties, such as seaside holiday resorts, spas like Bath, cathedral towns, fashionable shopping for gentry, and towns with certain industries like glass and china manufacture, pinmaking, pottery, tanning, manufacture of linen, silk, cotton, and the knitting trade. Certain towns were famous for certain varieties of wool cloth. Before 1750, a town with more than 5,000 inhabitants was considered a large town. Shop keeping was supplanting fairs and markets. Certain industries were done on a large scale and required workers to be at the same site, e.g. brewing and distilling; building ships; printing fustians; making paper, soap (from animal fat) or candles; coal mining, iron production, mining and smelting of tin and copper, refining of salt, and digging of clay. Certain other industries also required some kind of power or team work for their production, e.g. refining sugar; finishing cloth; making bricks; glassmaking; manufacture of ropes and sails, and processing of copper and brass into rods and sheets. Often the manufacturer's house was surrounded by the many cottages of his workers. There the wife and children usually were busy carding and spinning. Putting out work and subcontracting were widespread and created many small-scale capitalists. Workers' hours were typically 6 a.m. to 8 p.m.

Drovers bought cattle in the countryside, drove them to big towns, and sold them to fattening graziers or fatted them themselves. Then they were driven into town and sold to the wholesale butcher, who sold the carcass to the retail butcher, the hides to the tanner, and the bones to the glue maker. Flocks of geese were also driven into towns, after their feet were given a protective covering of tar. There were also middlemen wholesalers for cheese, butter, cloth, and iron.

There was a rage of distemper among the cattle so serious that to prevent its spread, the king was authorized by Parliament to make regulations for prohibiting the removal or sale of cattle and for the burial of distempered cattle. Later, the king was authorized to prohibit the killing of cow calves. No one was to sell any ox, bull, cow, calf, steer, or heifer until he had possession of such for forty days or else forfeit ten pounds, Later, the king was authorized to regulate the movement of cattle from one place to another.

The main industry of the country was still agriculture. In the countryside, about half the arable land was under the open field system, in which land was cultivated in common. Enclosures of land were still taking place. The enclosures were now done by statutory commissions to ensure equitable allotments.

Agricultural improvements came first to enclosed land, which comprised about half of the agricultural land. In the 1733, Jethro Tull published a book about his 1701 invention of the seed-drill to first pulverize the soil for cultivation without manure and then to deposit seed at a uniform depth in regulated quantities and in rows instead of being thrown haphazardly. Also explained was the horse-hoe to stir the soil about the roots of the plants to preserve moisture, promote aeration, admit warmth, and destroy weeds. There were more horses than oxen in use now in the fields. The horse-hoe was first used by large independent farmers on enclosed land. Also invented was a threshing machine with a set of sticks to replace hand threshing with flails. Under-drainage as well as irrigation was practiced. Lord Townshend alternated turnips, grasses, and grain in his fields, and thus provided winter food for his cattle. The two-field crop rotation with fallow periods was often displaced by the three-field system rotating grain crops, legumes, and fallowness. Independent farming gave rise to the improvement of breeds of livestock by selective breeding.

Enclosed land produced 26 bushels of grain compared to 18 bushels for common field land. It produced 9 pounds of sheep fleece compared to 3 1/2 pounds for common field land. Overall, soils were improved by being treated with clay, chalk, or lime. Artificial pasture was extended and there was increased use of clover, sainfoin, and rye-grass. Grain productivity was four times that of 1200. A fatted ox was 800 pounds compared to the former 400 pounds which it weighed from the 1300s to the 1600s. The fleece of sheep increased fourfold.

By statute of 1756, persons having rights of common in certain land may, by the major part in number and in value of each's tenement, enclose such land for planting and growth of timber or underwood.

Every village had a smith, carpenter, and miller. The larger villages also had a potter, a turner, a malster, a weaver, a tanner, and perhaps a mercer or grocer middleman. Wheelwrights made ploughs, harrows, carts, and wagons. Ploughs had one, two, or no wheels. Poor farming families took up extra work in the villages such as making gloves, knitting stockings, or spinning yarn. Craftsmen still helped farmers at harvest time.

Much of the rural population was now dispersed over the countryside instead of being concentrated in villages because so many small holders had sold out due to enclosures of farm land, especially of common land and waste land. The rural working class lived in two room cottages, with low ceilings, small windows, and an earth floor. Patience was required for those willing to wait for an existing cottage in a village to be vacated. Most laborers did not marry unless and until they found a cottage. Ancient custom that a person could build a home for himself on waste land if he did it in one night was ceasing to be respected. Farmers usually preferred employing day-laborers than keeping servants. There were many migrant workers, mainly from Ireland, for the busy summer haymaking and harvesting.

The children of laborers and of small farmers had little schooling because they were needed for work. They scared the birds, weeded the fields, picked the stones, tended the poultry, set beans, combed the wool, and collected the rushes and dipped them in the tallow [sheep fat].

Farm people relied on well water or rain water collected in lead cisterns. A farmhouse fireplace had pots hung from iron rods. Saucepans sat on iron stands, which were stored above the mantel when not in use. Spits were rotated by pulleys powered by the upward current of hot air or by a mechanical device. Bacon was smoked in the chimney accessible by a staircase or upper floor.

There still existed customary freeholders, who owned their land subject to certain customary obligations to the lord of a manor.

The people displaced by enclosure became laborers dependent on wages or paupers. Their discontent was expressed in this poem:

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