In 1523, Anthony Fitzherbert wrote "Boke of Husbandry", which set

forth the most current methods of arable farming, giving details

of tools and equipment, advice on capital outlay, methods of

manuring, draining, ploughing, and rick-building. It was used by

many constantly, and was often carried around in the pocket. This

began a new way to disseminate new methods in agriculture. He also

wrote a "Boke of Surveying", which relied on the perch rod and

compass dial, and gave instruction on how to set down the results

of a survey. In 1533, Gemma Frisius laid down the principles of

topographical survey by triangulation. This improved the quality

of surveys and produced accurate plots.

Geoffrey Chaucer's "Canterbury Tales" was a popular book. Through

Chaucer, London English became a national standard and the notion

of "correct pronunciation" came into being.

The discoveries and adventures of Amerigo Vespucci, a Portuguese

explorer, were widely read. The North and South American

continents were named for him.

London merchant guilds began to be identified mainly with

hospitality and benevolence instead of being trading

organizations. Twelve great companies dominated city politics and

effectively chose the mayor and aldermen. They were, in order of

precedence, Mercers, Grocers, Drapers, Fishmongers, Goldsmiths,

Skinners, Tailors, Haberdashers, Ironmongers, Salters, Vintners,

and the Clothworkers (composed from leading fullers and shearmen).

The leading men of these guilds were generally aldermen and the

guilds acted like municipal committees of trade and manufactures.

Then they superintended the trade and manufactures of London much

like a government department. They were called Livery Companies

and categorized their memberships in three grades: mere

membership, livery membership, and placement on the governing

body. Livery members were distinguished by having the clothing of

the brotherhood [its livery] and all privileges, and proprietary

and municipal rights, in the fullest degree. They generally had a

right to a place at the Company banquets. They were invited by the

governing body, as a matter of favor, to other entertainments.

These liverymen were usually those who had bought membership and

paid higher fees because they were richer. Their pensions were

larger than those of mere members. Those with mere membership were

freemen who had only the simple freedom of the trade. The masters

were usually householders. The journeymen, yeomanry, bachelors

were simple freemen. Most of these companies had almshouses

attached to their halls for the impoverished, disabled, and

elderly members and their widows and children. For instance, many

members of the Goldsmiths had been blinded by the fire and smoke

of quicksilver and some members had been rendered crazed and

infirm by working in that trade. The freedom and rights of

citizenship of the city could only be obtained through membership

in a livery company.

A lesser guild, the Leathersellers, absorbed the Glovers, Pursers,

and Pouchmakers. These craftsmen then became wage earners of the

Leathersellers, but others of these craftsmen remained

independent. Before, the Whittawyers, who treated horse, deer, and

sheep hides with alum and oil, had become wage earners for the

Skinners.

Londoners went to the fields outside the city for recreation and

games. When farmers enclosed some suburban common fields in 1514,

a crowd of young men marched out to them and, crying "shovels and

spades", uprooted the hedges and filled in the ditches, thus

reclaiming the land for their traditional games. The last major

riot in London was aroused by a speaker on May Day in 1517 when a

thousand disorderly young men, mostly apprentices, defied the

curfew and looted shops and houses of aliens. A duke with two

thousand soldiers put it down in mid-afternoon, after which the

king executed fifteen of the rioters.

Many English migrated to London. There were ambitious young men

and women hopeful of betterment through employment,

apprenticeship, higher wages, or successful marriage. On the other

hand, there were subsistence migrants forced to leave their homes

for food, work, or somewhere to live. There was much social

mobility. For instance, between 1551 and 1553, of 881 persons

admitted as freemen of London, 46 were the sons of gentlemen, 136

the sons of yeomen, and 289 the sons of farm workers. London grew

in population about twice as fast as the nation. The fortunes of

landowners varied; some went into aristocratic debt by

ostentatiously spending on building, clothes, food, and drink, and

some became indebted by inefficient management. Some had to sell

their manors and dismiss their servants.

There are 26 wards of London as of 1550. This is the number for

the next four centuries. Each ward has an alderman, a clerk, and a

chief constable. There are also in each ward about 100 to 300

elected officials including prickers, benchers, blackbootmen,

fewellers [keepers of greyhounds], scribes, a halter-cutter,

introducers, upperspeakers, under speakers, butlers, porters,

inquestmen, scavengers, constables, watchmen, a beadle, jurymen,

and common councilmen. The wardmoot had inquest jurisdiction over

immorality or bad behavior such as vagrancy, delinquency,

illegitimacy, and disputes. This contributed greatly to social

stability. In 1546, Henry ordered the London brothels closed. A

small gaol was established in the Clink district of Southwark,

giving the name "clink" to any small gaol. London ordinances

required journeymen to work from 6 am to 6 pm in winter, with a

total of 90 minutes breaks for breakfast, dinner, and an afternoon

drink, for 7d. In the summer they had to work for two hours longer

for 8d. At its peak in the 1540s the court employed about 200

gentlemen, which was about half the peerage and one-fifth of the

greater gentry. Henry issued a proclamation ordering noblemen and

gentlemen in London not employed by the court to return to their

country homes to perform their service to the king.

Though there was much agreement on the faults of the church and

the need to reform it, there were many disagreements on what

philosophy of life should take the place of church teachings. The

humanist Thomas More was a university trained intellectual. His

book "Utopia", idealized an imaginary society living according to

the principles of natural virtue. In it, everything is owned in

common and there is no need for money. All believe that there is a

God who created the world and all good things and who guides men,

and that the soul is immortal. But otherwise people choose their

religious beliefs and their priests. From this perspective, the

practices of current Christians, scholastic theologians, priests

and monks, superstition, and ritual look absurd. He encouraged a

religious revival. Aristotle's position that virtuous men would

rule best is successfully debated against Plato's position that

intellectuals and philosophers would be the ideal rulers.

More believed the new humanistic studies should be brought to

women as well as to men. He had tutors teach all his children

Latin, Greek, logic, theology, philosophy, mathematics, and

astronomy from an early age. His eldest daughter Margaret became a

recognized scholar and translated his treatise on the lord's

prayer. Other high class women became highly educated. They voiced

their opinions on religious matters. In the 1530s, the Duchess of

Suffolk spoke out for reform of the clergy and against images,

relics, shrines, pilgrimmages, and services in Latin. She and the

countess of Sussex supported ministers and established seminaries

for the spread of the reformed faith.

More pled for proportion between punishment and crime. He urged

that theft no longer be punished by death because this only

encouraged the thief to murder his victim to eliminate evidence of

the theft. He opined that the purpose of punishment was to reform

offenders. He advocated justice for the poor to the standard of

justice received by the rich.

Erasmus, a former monk, visited the nation for a couple of years

and argued that reason should prevail over religious belief. He

wrote the book "In Praise of Folly", which noted man's elaborate

pains in misdirected efforts to gain the wrong thing. For

instance, it questioned what man would stick his head into the

halter of marriage if he first weighed the inconveniences of that

life? Or what woman would ever embrace her husband if she foresaw

or considered the dangers of childbirth and the drudgery of

motherhood? Childhood and senility are the most pleasant stages of

life because ignorance is bliss. Old age forgetfulness washes away

the cares of the mind. A foolish and doting old man is freed from

the miseries that torment the wise and has the chief joy of life:

garrulousness. The seekers of wisdom are the farthest from

happiness; they forget the human station to which they were born

and use their arts as engines with which to attack nature. The

least unhappy are those who approximate the naiveness of the

beasts and who never attempt what is beyond men. As an example, is

anyone happier than a moron or fool? Their cheerful confusion of

the mind frees the spirit from care and gives it many-sided

delights. Fools are free from the fear of death and from the pangs

of conscience. They are not filled with vain worries and hopes.

They are not troubled by the thousand cares to which this life is

subject. They experience no shame, fear, ambition, envy, or love.

In a world where men are mostly at odds, all agree in their

attitude towards these innocents. They are sought after and

sheltered; everyone permits them to do and say what they wish with

impunity. However, the usual opinion is that nothing is more

lamentable than madness. The Christian religion has some kinship

with folly, while it has none at all with wisdom. For proof of

this, notice that children, old people, women, and fools take more

delight than anyone else in holy and religious things, led no

doubt solely by instinct. Next, notice that the founders of

religion have prized simplicity and have been the bitterest foes

of learning. Finally, no people act more foolishly than those who

have been truly possessed with Christian piety. They give away

whatever is theirs; they overlook injuries, allow themselves to be

cheated, make no distinction between friends and enemies, shun

pleasure, and feast on hunger, vigils, tears, labors, and scorn.

They disdain life, and utterly prefer death. In short, they have

become altogether indifferent to ordinary interests, as if their

souls lived elsewhere and not in their bodies. What is this, if

not to be mad? The life of Christians is run over with nonsense.

They make elaborate funeral arrangements, with candles, mourners,

singers, and pallbearers. They must think that their sight will be

returned to them after they are dead, or that their corpses will

fall ashamed at not being buried grandly. Christian theologians,

in order to prove a point, will pluck four or five words out from

different places, even falsifying the sense of them if necessary,

and disregard the fact that their context was relevant or even

contradicted their points. They do this with such brazen skill

that our attorneys are often jealous of them.

Attorney Christopher St. German wrote the legal treatise "Doctor

and Student", in which he deems the law of natural reason to be

supreme and eternal. The law of God and the law of man, as

enunciated by the church and royalty, merely supplement the law of

natural reason and may change from time to time. Examples of the

law of reason are: It is good to be loved. Evil is to be avoided.

Do onto others as you would have them do unto you. Do nothing

against the truth. Live peacefully with others. Justice is to be

done to every man. No one is to wrong another. A trespasser should

be punished. From these is deduced that a man should love his

benefactor. It is lawful to put away force with force. It is

lawful for every man to defend himself and his goods against an

unlawful power.

Like his father, Henry VIII dominated Parliament. He used this

power to reform the church of England in the 1530's. The

Protestant reformation cause, started in Germany in 1517 by Martin

Luther posting his thesis, had become identified with Henry's

efforts to have his marriage of eighteen years to the virtuous

Catherine annulled so he could marry a much younger woman: Anne.

His purported reason was to have a son. The end of his six

successive wives was: annuled, beheaded, died; annuled, beheaded,

survived. Henry VIII was egotistical, arrogant, and self-

indulgent. This nature allowed him to declare himself the head of

the church of England instead of the pope.

Henry used and then discarded officers of state e.g. by executing

them for supposed treason. One such was Thomas Wolsey, the son of

a town grazier and butcher, who was another supporter of classical

learning. He rose through the church, the gateway to advancement

in a diversity of occupations of clergy such as secretary,

librarian, teacher, attorney, doctor, author, civil servant,

diplomat, and statesman. He was a court priest when he aligned

himself with Henry, both of whom wanted power and glory and

dressed extravagantly. But he was brilliant and more of a

strategist than Henry. Wolsey called himself a reformer and

started a purge of criminals, vagrants and prostitutes within

London, bringing many before the council. But most of his

reforming plans were not brought to fruition, but ended after his

campaign resulted in more power for himself. Wolsey rose to be

Chancellor to the King and Archbishop of York. As the

representative of the pope for England, he exercised almost full

papal authority there. But he controlled the church in England in

the King's interest. He was second only to the King and he

strengthened the crown by consolidating power and income that had

been scattered among nobles and officeholders. He also came to

control the many courts. Wolsey centralized the church in England

and dissolved the smaller monasteries, the proceeds of which he

used to build colleges at Oxford and his home town. He was an

impartial and respected justice.

When Wolsey was not able to convince the pope to give Henry an

annulment of his marriage, Henry dismissed him and took his

property, shortly after which Wolsey died.

The King replaced Wolsey as Chancellor with Thomas More, after

whom he made Thomas Cromwell Chancellor. Cromwell, the son of a

clothworker/blacksmith/brewer/innkeeper, was a self-taught

attorney, arbitrator, merchant, and accountant. Like Wolsey, he

was a natural orator. He drafted and had passed legislation that

created a new church of England. He had all men swear an oath to

the terms of the succession statute. Thomas More was known for his

honesty and was a highly respected man. More did not yield to

Henry's bullying for support for his statute declaring the

succession to be vested in the children of his second marriage,

and his statute declaring himself the supreme head of the church

of England, instead of the pope. He did not expressly deny this

supremacy statute, so was not guilty of treason under its terms.

But silence did not save him. He was attainted for treason on

specious grounds and beheaded. His conviction rested on the

testimony of one perjured witness, who misquoted More as saying

that Parliament did not have the power to require assent to the

supremacy statute because it was repugnant to the common law of

Christendom.

Henry ruled with an iron fist. In 1536, he issued a proclamation

that "any rioters or those in an unlawful assembly shall return to

their houses" or "we will proceed against them with all our royal

force and destroy them and their wives and children." In 1538, he

proclaimed that anyone hurting or maiming an officer while trying

to make an arrest "shall lose and forfeit all their lands, goods,

and chattel" and shall suffer perpetual imprisonment. Moreover, if

one murdered such an officer, he would suffer death without

privilege of sanctuary or of clergy. In 1540, he proclaimed that

there would be no shooting by handgun except on a shooting range.

Henry had Parliament pass bills of attainder against many people.

For the first time, harsh treatment of prisoners in the Tower,

such as placement in dungeons with little food, no bed, and no

change of clothes, became almost a matter of policy. Through his

host of spies, Cromwell heard what men said to their closest

friends. Words idly spoken were distorted into treasonable

utterances. Fear spread through the people. Silence was a person's

only possibility of safety.

Cromwell developed a technique for the management of the House of

Commons which lasted for generations. He promulgated books in

defense of royal spiritual authority, which argued that canon law

was not divine but merely human and that clerical authority had no

foundation in the Bible. A reformed English Bible was put in all

parish churches. Reformers were licensed to preach. Cromwell

ordered sermons to be said which proclaimed the supremacy of the

King. He instituted registers to record baptisms, marriages, and

burials in every county, for the purpose of reducing disputes over

descent and inheritance. He dissolved all the lesser monasteries.

When Cromwell procured a foreign wife for Henry whom Henry found

unattractive, he was attainted and executed.

Henry now reconstructed his council to have a fixed membership, an

official hierarchy based on rank, a secretariat, an official

record, and formal powers to summon individuals before it by legal

process. Because it met in the King's Privy Lodgings, it was

called the "Privy Council". It met daily instead of just during

the terms of the Westminster courts from late autumn to early

summer. It communicated with the king through intermediaries, of

whom the most important was the King's Secretary. Because it was a

court council, part of it traveled with the king, while the other

part conducted London business. When Henry went to war in France,

part of the council went with him, and part of it stayed to attend

the Queen Regent.

Thomas Cranmer, Archbishop of Canterbury, wrote the first English

Common Book of Prayer. With its use beginning in 1549, church

services were to be held in English instead of Latin. The

celebration of the Lord's Supper was a communion among the

parishoners and minister all sharing the wine and bread. It

replaced the mass, in which the priests were thought to perform a

miraculous change of the substance of bread and wine into the body

and blood of Christ, which the priest then offered as a sacrifice

for remission of pain or guilt. This reflected the blood sacrifice

of Christ dying on the cross. In the mass, only the priests drank

the wine. The mass, miracles, the worship of saints, prayers for

souls in purgatory, and pilgrimages to shrines such as that of

Thomas Becket, were all to be discontinued. Imprisonment or exile

rather than death was made the penalty for heresy and blasphemy,

and also for adultery.

After the King dissolved the greater monasteries, he took and sold

their ornaments, silver plate and jewelry, lead from roofs of

their buildings, and finally much of the land itself. Three

monasteries were converted into the first three treating hospitals

in London, one for the diseased, one for the poor, and one,

Bethlehem (or "Bedlam" for short), for the mentally ill. But there

were still many poor, sick, blind, aged, and impotent people in

the streets since the closure of the monasteries. In 1552, there

were 2,100 people in need of relief, including 300 orphans, 600

sick or aged, 350 poor men overburdened with their children, 650

decayed householders, and 200 idle vagabonds. London then set up a

poor relief scheme. The Bridewell was established to set to work

the idle in making feather bed ticks and wool-cards, drawing of

wire, carding, knitting, and winding of silk. Parishes were

required to give money for the poor in 1563. Other towns followed

London's lead in levying a poor rate.

Henry used the proceeds from the sale of the monasteries for

building many new palaces and wood ships for his navy. In war,

these navy ships had heavy guns which could sink other ships. In

peace time, these ships were hired out to traders. Large ships

were constructed in docks, made partly by digging and partly by

building walls. In 1545, henry issued a proclamation ordering all

vagabonds, ruffians, masterless men, and evil-disposed persons to

serve him in his navy.

The former land of the monasteries, about 30% of the country's

land, was sold and resold, usually to great landowners, or leased.

Title deeds became important as attorneys sought the security that

title could give. Some land went to entrepreneurial cloth

manufacturers, who converted the buildings for the manufacture of

cloth. They bought the raw wool and hired craftsmen for every step

of the manufacturing process to be done in one continuous process.

This was faster than buying and selling the wool material between

craftsmen who lived in different areas. Also, it was more

efficient because the amount of raw wool bought could be adjusted

to the demand for cloth.

Many landowners now could live in towns exclusively off the rents

of their rural land. Rents were increased so much that tenants

could not pay and were evicted. They usually became beggars or

thieves. Much of their former land was converted from crop raising

to pasture for large herds of sheep. Arable farming required many

workers, whereas sheep farming required only one shepherd and

herdsman. There were exceptional profits made from the export of

wool cloth. But much raw wool was still exported. Its price went

up from 6s.8d. per tod [about 28 pounds] in 1340 to 20s.8d. in

1546.

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.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 33 / 66 段