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 girdle-makers 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 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 cidar, 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 blood-letting 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. He started clinical

diagnosis and treatment by highly specific medicines, instead of

cure-alls. For instance, he used alkalies to treat disease, such

as gout, indicated by certain substances in the urine, which also

started urinalysis. He perceived that syphillis 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 planetary movements 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

regarded it as 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.

Anyone seised of land to the use or trust of other persons by

reason of a will or conveyance shall be held to have lawful seisin

and possession of the land, because by common law, land is not

devisable by will or testament, yet land has been so conveyed,

which has deprived married men of their courtesy, women of their

dower, the king of the lands of persons attainted, the king of a

year's profits from felons' lands, and lords of their escheats.

(This was difficult to enforce.)

A woman may not have both a jointure [promise of husband to wife

of property or income for life after his death] and dower of her

husband's land. (Persons had purchased land to hold jointly with

their wives)

A sale of land must be in writing, sealed, and registered in its

county with the clerk of that county. If the land is worth less

than 40s. per year, the clerk is paid 12d. If the land exceeds

40s. yearly, the clerk is paid 2s.6d.

An adult may lease his lands or tenements only by a writing under

his seal for a term of years or a term of life, because many

people who had taken leases of lands and tenements for a term of

years or a term of lives had to spend a lot for repair and were

then evicted by heirs of their lessors.

A husband may not lease out his wife's land.

No woman-covert, child, idiot, or person of insane memory may

devise land by will or testament.

The land of tenants-in-common may be partitioned by them so that

each holds a certain part.

No bishop or other official having authority to take probate of

testaments may take a fee for probating a testament where the

goods of the testator are under 100s., except that the scribe

writing the probate of the testament may take 6d., and for the

commission of administration of the goods of any man dying

intestate, being up to 100s, may be charged 6d. Where the goods

are over 100s. but up to 800s. sterling, probate fees may be

3s.6d. at most, whereof the official may take 2s.6d. at most, with

12d. residue to the scribe for registering the testament. Where

the goods are over 800s. sterling, probate fees may be 5s. at

most, whereof the official may take 2s.6d. at most, with 2s.6d.

residue to the scribe, or the scribe may choose to take 1d. per 10

lines of writing of the testament. If the deceased had willed by

his testament any land to be sold, the money thereof coming nor

the profits of the land shall not be counted as the goods or

chattel of the deceased. Where probate fees have customarily been

less, they shall remain the same. The official shall approve and

seal the testament without delay and deliver it to the executors

named in such testaments for the said sum. If a person dies

intestate or executors refuse to prove the testament, then the

official shall grant the administration of the goods to the widow

of the deceased person, or to the next of kin, or to both, in the

discretion of the official, taking surety of them for the true

administration of the goods, chattels, and debts. Where kin of

unequal degree request the administration, it shall be given to

the wife and, at his discretion, other requestors. The executors

or administrators, along with at least two persons to whom the

deceased was indebted, or to whom legacies were made, or, upon

their refusal or absence, two honest kinsmen, shall make an

inventory of the deceased's goods, chattels, ware, merchandise, as

well moveable as not moveable, and take it upon their oaths to the

official.

No parish clergyman or other spiritual person shall take a

mortuary fee or money from a deceased person with movable goods

under the value of 133s., a deceased woman-covert, a child, a

person keeping no house, or a traveler. Only one mortuary fee may

be taken of each deceased and that in the place where he most

dwelled and lived. Where the deceased's moveable goods are to the

value of 133s. or more, above his debts paid, and under 600s., a

mortuary up to 3s. 4d. may be taken. Where such goods are 600s. or

more and under 800s., mortuary up to 6s.8d. may be taken. Where

such goods are 800s. or above, mortuary up to 10s. may be taken.

But where mortuaries have customarily been less, they shall remain

the same.

Executors of a will declaring land to be sold for the payment of

debts, performance of legacies to wife and children, and

charitable deeds for the health of souls, may sell the land

despite the refusal of other executors to agree to such sale.

A man may not marry his mother, stepmother, sister, niece, aunt,

or daughter.

Any clergy preaching contrary to the King's religious doctrine

shall recant for the first offence. He shall abjure and bear a

faggot (a badge resembling a faggot of wood which would have been

used for burning him as a heretic) for the second offence. If he

refuses to abjure or bear a faggot or offends a third time, he

shall be burned and lose all his goods. If a layperson teaches,

defends, or maintains a religious doctrine other than the King's,

he shall recant and be imprisoned for twenty days for the first

offence. He shall abjure and bear a faggot if he does not recant

or offends a second time. He shall forfeit his goods and suffer

perpetual imprisonment if he does not abjure or bear a faggot or

offends a third time.

The entry of an apprentice into a craft shall not cost more than

2s.6d. After his term, his entry shall not be more than 3s.4d.

This replaced the various fees ranging from this to 40s.

No master of a craft may require his apprentice to make an oath

not to compete with him by setting up a shop after the term of his

apprenticeship.

No alien may take up a craft or occupation in the nation.

No brewer of ale or beer to sell shall make wood vessels or

barrels, and coopers shall use only good and seasonable wood to

make barrels and shall put their mark thereon. Every ale or beer

barrel shall contain 32 of the King's standard gallons. The price

of beer barrels sold to ale or beer brewers or others shall be 9d.

An ale-brewer may employ in his service one cooper only to bind,

hoop and pin, but not to make, his master's ale vessels.

No butcher may keep a tanning-house.

Tanned leather shall be sold only in open fairs and markets and

after it is inspected and sealed.

Only people living in designated towns may make cloth to sell, to

prevent the ruin of these towns by people taking up both

agriculture and cloth-making outside these towns. No one making

cloth for sale may have more than one woolen loom or forfeit 20s.

This to protect the weavers' ability to maintain themselves and

their families from rich clothiers who keep many looms and employ

journeymen and unskillful persons at low wages. No one owning a

fulling mill may own a weaving loom. No weaver may own a fulling

mill.

No one shall shoot in or keep in his house any hand-gun or cross-

bow unless he has 2,000s. yearly.

No one may hunt or kill hare in the snow since their killing in

great numbers by men other than the king and noblemen has depleted

them.

No one shall take an egg or bird of any falcon or hawk out of its

nest on the King's land. No one may disguise himself with hidden

or painted face to enter a forest or park enclosed with a wall for

keeping deer to steal any deer or hare.

Ducks and geese shall not be taken with any net or device during

the summer, when they haven't enough feathers to fly. But a

freeholder of 40s. yearly may hunt and take such with long bow and

spaniels.

No one may sell or buy any pheasant except the King's officers may

buy such for the King.

No butcher may kill any calf born in the spring.

No grain, beef, mutton, veal, or pork may be sold outside the

nation.

Every person with 36 acres of agricultural land, shall sow one

quarter acre with flax or hemp-feed.

All persons shall kill crows on their land to prevent them from

eating so much grain at sowing and ripening time and destroying

hay stacks and the thatched roofs of houses and barns. They shall

assemble yearly to survey all the land to decide how best to

destroy all the young breed of crows for that year. Every village

and town with at least ten households shall put up and maintain

crow nets for the destruction of crows.

No land used for raising crops may be converted to pasture. No

woods may be converted to agriculture or pasture. The efforts to

enforce these proved these prohibitions were not successful.

No one shall cut down or break up dikes holding salt water and

fresh water from flooding houses and pastures.

No one shall dump tin-mining debris, dung, or rubbish into rivers

flowing into ports or take any wood from the walls of the port, so

that ships may always enter at low tide.

A person may lay out a new highway on his land where the old one

has been so damaged by waterways that horses with carriages cannot

pass, with the consent of local officials.

Only poor, aged, and disabled persons may beg. Begging without a

license is punishable by whipping or setting in the stocks 3 days

with only bread and water.

Alien palm readers shall no longer be allowed into the nation,

because they have been committing felonies and robberies.

Butchers may not sell beef, pork, mutton, or veal from carcasses

for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound.

French wines may not sell at retail for more than 8d. per gallon.

A barrel maker or cooper may sell a beer barrel for 10d.

No longer may aliens bring books into the nation to sell because

now there are sufficient printers and book-binders in the nation.

No one may buy fresh fish other than sturgeon, porpoise, or seal

from an alien to put to sale in the nation.

Every person with an enclosed park where there are deer, shall

keep two tall and strong mares in such park and shall not allow

them to be mounted by any short horse, because the breeding of

good, swift, and strong horses has diminished.

A man may have only as many trotting horses for the saddle as are

appropriate to his degree.

No one may maintain for a living a house for unlawful games such

as bowling, tennis, dice, or cards. No artificer, craftsman,

husbandman, apprentice, laborer, journeyman, mariner, fisherman

may play these games except at Christmas under his master's

supervision. Noblemen and others with a yearly income of at least

2,000s. may allow his servants to play these games at his house.

Hemp of flax may not be watered in any river or stream where

animals are watered.

No one shall sell merchandise to another and then buy back the

same merchandise within three months at a lower price. No one

shall sell merchandise to be paid for in a year above the sum of

200s. per 2000s. worth of merchandise. No one shall sell or

mortgage any land upon condition of payment of a sum of money

before a certain date above the sum of 200s. per 2000s. per year.

No one shall commit forgery by counterfeiting a letter made in

another person's name to steal any money, goods, or jewels.

No one shall libel by accusing another of treason in writing and

leaving it in an open place without subscribing his own name to

it.

If any servant converts to his own use more than 40s. worth of

jewels, money, or goods from caskets entrusted to him for

safekeeping by a nobleman or other master or mistress, it shall be

a felony.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 34 / 66 段