If a person breaks into a dwelling house by night to commit

burglary or murder, is killed by anyone in that house, or a person

is killed in self-defense, the killer shall not forfeit any lands

or goods for the killing.

Killing by poisoning shall be deemed murder and is punishable by

death.

A person who has committed a murder, robbery, or other felony he

has committed shall be imprisoned for his natural life and be

burned on the hand, because those who have been exiled have

disclosed their knowledge of the commodities and secrets of this

nation and gathered together to practice archery for the benefit

of the foreign realm. If he escapes such imprisonment, he shall

forfeit his life.

A person convicted or outlawed shall be penalized by loss of life,

but not loss of lands or goods, which shall go to his wife as

dower and his heirs.

Buggery may not be committed on any person or beast.

No one shall slander or libel the king by speeches or writing or

printing or painting.

No one shall steal fish from a pond on another's land by using

nets or hooks with bait or by drying up the pond.

The mayor of London shall appoint householders to supervise

watermen rowing people across the Thames River because so many

people have been robbed and drowned by these rowers. All such

boats must be at least 23 feet long and 5 feet wide.

No man shall take away or marry any maiden under 16 years of age

with an inheritance against the will of her father.

Any marriage solemnized in church and consummated shall be valid

regardless of any prior agreement for marriage.

Sheriffs shall not lose their office because they have not

collected enough money for the Exchequer, but shall have

allowances sufficient to perform their duties.

Butchers, brewers, and bakers shall not conspire together to sell

their victuals only at certain prices. Artificers, workmen and

laborers shall not conspire to work only at a certain rate or only

at certain hours of the day.

No one shall sell any woolen cloth that shrinks when it is wet.

Only artificers using the cutting of leather, may buy and sell

tanned leather and only for the purpose of converting it into made

wares.

A beggar's child above five years may be taken into service by

anyone that will.

Cattle may be bought only in the open fair or market and only by a

butcher or for a household, team, or dairy, but not for resale

live.

Butter and cheese shall not be bought to be sold again except at

retail in open shop, fair, or market.

No man may enter a craft of cloth-making until he has been an

apprentice for seven years or has married a clothiers' wife and

practicing the trade for years with her and her servants sorting

the wool.

No country person shall sell wares such as linen drapery, wool

drapery, hats, or groceries by retail in any incorporated town,

but only in open fairs.

For every 60 sheep there shall be kept one milk cow because of the

scarcity of cattle.

No clothier may keep more than one wool loom in his house, because

many weavers do not have enough work to support their families. No

weaver may have more than two wool looms.

No cloth-maker, fuller, shearman, weaver, tailor, or shoemaker

shall retain a journeyman to work by the piece for less than a

three month period. Every craftsman who has three apprentices

shall have one journeyman. Servants in agriculture and bargemen

shall serve by the whole year and not by day wages.

There shall be a sales tax of 12d. per pound of wool cloth goods

for the Crown.

All people shall attend church on Sundays to remember God's

benefits and goodness to all and to give thanks for these with

prayers and to pray to be given daily necessities.

Anyone fighting in church shall be excluded from the fellowship of

the parish community.

No one shall use a rope or device to stretch cloth for sale so to

make it appear as more in quantity than it is.

No one may sell cloth at retail unless the town where it was

dressed, dyed, and pressed has placed its seal on the cloth. Cloth

may not be pressed with a hot press, but only with a cold press.

Offices may not be bought and sold, but only granted by justices

of the royal courts.

No one going from house to house to repair metal goods or sell

small goods he is carrying may do this trade outside the town

where he lives.

No one may sell ale or beer without a license, because there have

been too many disorders in common alehouses. Offenders may be put

in the town or county gaol for three days.

Only persons with yearly incomes of 1,333s. or owning goods worth

13,333s. may store wine in his house and only for the use of his

household.

No one may sell forged iron, calling it steel, because the edged

tools and weapons made from it are useless.

Parish communities shall repair the highways for four days each

year using oxen, cart, plough, shovels, and spades.

The children of priests are declared legitimate so they may

inherit their ancestor's lands. The priests may be tenants by

courtesy after the death of their wives of such land and tenements

that their wives happened to be seized of in fee simple or in fee

tail, during the spousals.

The King's proclamations shall be observed and kept as though they

were acts of Parliament. The penalty shall not be more than that

stated in the proclamation, except for heresy.

The Year Books ceased in 1535.

- Judicial Procedure -

By royal proclamation of 1546, only those admitted by the

Chancellor and two chief justices may practice as counsel or in

legal pleading in any of the King's courts. Also, such a person

must be serjeant-at-law, reader, utter barrister, or an eight-year

fellow of one of the four houses of court, except in the Court of

Common Pleas.

Doctors of the civil law may practice in the church or Chancery

courts.

Justices shall tax inhabitants of the county for building gaols

throughout the nation, for imprisonment of felons, to be kept by

the sheriffs and repaired out of the Exchequer.

Piracy at sea or in river or creek or port are adjudicated in

counties because of the difficulty of obtaining witnesses from the

ship, who might be murdered or who are on other voyages on the

sea, for adjudication by the admiral.

Piracy and murder on ships is punishable by death only after

confession or proof by disinterested witnesses.

Land held by tenants in common may be partitioned by court order,

because some of these tenants have cut down all the trees to take

the wood and pulled down the houses to convert the material to

their own use.

Persons worth 800s. a year in goods shall be admitted in trials of

felons in corporate towns although they have no freehold of land.

Each justice of the high courts may employ one chaplain.

The Privy Council took the authority of the star chamber court,

which organized itself as a specialty court. Also, a specific

group of full-time councilors heard pleas of private suitors.

The bishops, nobility, and Justices of the Peace were commanded to

imprison clergy who taught papal authority. Justices of the Peace

and sheriffs were to watch over the bishops. The Justices of

Assize were to assess the effectiveness of the Justices of the

Peace as well as enforce the treason statute on circuit.

The criminal court went outside the common law to prosecute

political enemies, e.g. by dispensing with a jury.

Since the nation was now peaceful, expediency was no longer

needed, so judicial procedures again became lengthy and formal

with records.

The Chancery court enforced the obligations known as trusts, in

the name of equity and good conscience. It adopted every analogy

that the common law presented. Its procedure was to force the

defendant to answer on oath the charges that were brought against

him. All pleadings and usually testimony was put into writing.

Much evidence consisted of written affidavits. There was no jury.

The Chancery court did not record its decisions apparently because

it did not see itself s bound by precedents.

Witnesses could be sworn in to state pertinent facts necessary for

full understanding and adjudication of cases, because they are

reliable now that there is no unlicensed livery and maintenance

and because jurors no longer necessarily know all the relevant

facts.

When acting as the highest court, the House of Lords was presided

over by the Chancellor, who sat on his prescribed place on the

wool sacks. It had the following jurisdiction: trial of peers for

high treason and serious felony, appeals on writs of error from

courts of the common law, and impeachment. The House of Lords

served as judge of impeachment cases, whereas the House of Commons

served as fact finders.

The leet court and sheriff's turn court have much less

jurisdiction. They may dispose of presentments of trespasses and

nuisances, but not felony or question of freehold. Such

presentments are made by a set of at least twelve men, and the

presented person is amerced there and then.

- - - Chapter 13 - - -

- The Times: 1558-1601 -

Queen Elizabeth I was intelligent, educated, and wise about human

nature. When young, she was a brilliant student and studied the

Bible, and Greek and Roman history, philosophy, literature, and

oratory. She wrote in English, Latin, French, and Italian. She

read Greek, including the Greek Testament, Greek orators, and

Greek dramatists at age seven, when the first professorship of

Greek was founded at Cambridge University. Learning from books was

one of her highest values throughout her life.

She was so influenced by her reading of Cicero that she acquired

his style of writing. Her Chief Secretary William Cecil was so

guided by Cicero's "Offices" that he carried a copy in his pocket.

Cicero opined that government officials' duty was to make the

safety and interest of citizens its greatest aim and to design all

their thoughts and endeavors without ever considering personal

advantage. Government was not to serve the interest of any one

group to the prejudice or neglect of the rest, for then discord

and sedition would occur. Furthermore, a ruler should try to

become loved and not feared, because men hated those whom they

feared, and wished dead those whom they hated. Therefore obedience

proceeding from fear could not last, whereas that which was the

effect of love would last forever. An oppressor ruling by terror

will be resented by the citizens, who in secret will choose a

worthier person. Then liberty, having been chained up, would be

unleashed more fiercely than otherwise. To obtain the peoples'

love, a ruler should be kind and bountiful. To obtain the peoples'

trust, a ruler should be just, wise, and faithful. To demonstrate

this, a ruler should be eloquent in showing the people an

understanding better than theirs, the wisdom to anticipate events,

and the ability to deal with adverse events. And this

demonstration should be done with modesty. One cannot get the

peoples' trust by vain shows, hypocritical pretenses, composed

countenances, and studied forms of words. The first goal of a

ruler is to take care that each individual is secured in the quiet

enjoyment of his own property. The second goal is to impose taxes

that are not burdensome. The third goal is to furnish the people

with necessaries. The law should be enforced keeping in mind that

its fundamental purpose is to keep up agreement and union among

citizens.

Elizabeth cared deeply for the welfare of all citizens of whatever

class. She was sensitive to public opinion and was loved by her

people. She respected truth and was sincere, avoiding guile or

fraud. She claimed that she had never dishonored her tongue with a

falsehood to anyone. She expected that any covert manipulations by

monarchs would be found out and therefore would damage their

credibility. "It becometh therefor all of our rank to deal

sincerely; lest if we use it not, when we do it we be hardly

believed."

She was frugal and diplomatically avoided unnecessary wars, saying

that her purse was the pockets of her people. England was a small

Protestant nation threatened by the larger Catholic nations of

France and Spain. When Elizabeth flirted and talked of marriage

with foreign princes, they laid aside any thoughts of conquering

England by war, hoping to obtain it my marriage. Not only did she

not seek to conquer other lands, but she turned down an invitation

to rule the Netherlands. Her credit reputation was so good that

she could always get loans at small rates of interest from other

countries.

Tudor government was paternalistic, curtailing cutthroat

competition, fixing prices and wages, and licensing production

under grants of monopoly to achieve a stable and contented society

and a fair living for all.

Elizabeth prayed for divine guidance as in this prayer: "Almighty

God and King of all kings, Lord of heaven and earth, by whose

leave earthly princes rule over mortals, when the most prudent of

kings who administered a kingdom, Solomon, frankly confessed that

he was not capable enough unless Thou broughtst him power and

help, how much less am I, Thy handmaid, in my unwarlike sex and

feminine nature, adequate to administer these Thy kingdoms of

England and of Ireland, and to govern an innumerable and warlike

people, or able to bear the immense magnitude of such a burden, if

Thou, most merciful Father didst not provide for me (undeserving

of a kingdom) freely and against the opinion of many men. Instruct

me from heaven, and give help so that I reign by Thy grace,

without which even the wisest among the sons of men can think

nothing rightly. Send therefore, O inexhaustible Fount of all

wisdom, from Thy holy heaven and the most high throne of Thy

majesty, Thy wisdom to be ever with me, that it may keep watch

with me in governing the commonwealth, and that it may take pains,

that it may teach me, Thy handmaid, and may train me that I may be

able to distinguish between good and evil, equity and iniquity, so

as rightly to judge Thy people, justly to impose deserved

punishments on those who do harm, mercifully to protect the

innocent, freely to encourage those who are industrious and useful

to the commonwealth. And besides, that I may know what is

acceptable to Thee alone, vouchsafe that I wish, dare, and can

perform it without paying respect to any earthly persons or

things. So that when Thou Thyself, the just Judge, who askest many

and great things from those to whom many and great things are

entrusted, when Thou requirest an exact accounting, charge me not

with badly administering my commonwealth and kingdom. But if by

human thoughtlessness or infirmity Thy handmaid strays from the

right in some thing, absolve me of it by Thy mercy, most high King

and most mild Father, for the sake of Thy Son Jesus Christ; and at

the same time grant that after this worldly kingdom has been

exacted of me, I may enjoy with Thee an eternity in Thy heavenly

and unending kingdom, through the same Jesus Christ, Thy Son and

the Assessor of Thy kingdom, our Lord and Mediator. To whom with

Thee and with the Holy Spirit, one everlasting King, immortal,

invisible, only-wise God, be all honor and glory forever and ever,

amen.

Elizabeth promoted commercial speculations, which diffused a vast

increase of wealth among her people. The Elizabethan era was one

of general prosperity. Her good spirits and gayness created a

happy mood in the nation. She loved dancing and madrigal music was

popular. She came to dress elaborately and fancifully. Her dresses

were fitted not only at the waist, but along the torso by a long

and pointed bodice stiffened with wood, steel, or whalebone. Her

skirt was held out with a petticoat with progressively larger

hoops. There were two layers of skirt with the top one parted to

show the bottom one. The materials used were silks, satins,

velvets, and brocades. On her dress were quiltings, slashings, and

embroidery. It was covered with gold ornaments, pearls, gems, and

unusual stones from America. She wore decorated gloves. Ladies

copied her and discarded their simple over-tunics for elaborate

dresses. The under-tunic was now becoming a petticoat and the

over-tunic a dress. Their under-tunics became petticoats. Often

they also wore a fan with a mirror, a ball of scent, a miniature

portrait of someone dear to them, and sometimes a watch. Single

ladies did not wear hats, but had long, flowing hair and low cut

dresses showing their bosoms. Married ladies curled their hair and

wore it in high masses on their heads with jewels interwoven into

it. Both gentlemen and ladies wore hats both indoors and outside

and large, pleated collars around their necks (with the newly

discovered starch), perfume, rings with stones or pearls, and

high-heeled shoes. Gentlemen's' tight sleeves, stiffened and

fitted doublet with short skirt, and short cloak were ornamented

and their silk or velvet hats flamboyant, with feathers. At their

leather belts they hung pouches and perhaps a watch. They wore

both rapiers [swords with cutting edges] and daggers daily as

there were many quarrels. There were various artistic beard cuts

and various lengths of hair, which was often curled and worn in

ringlets. Barbers sought to give a man a haircut that would favor

his appearance, for instance a long slender beard for a round face

to make it seem narrower and a broad and large cut for a lean and

straight face. Men now wore stuffed breeches and stockings instead

of long hosen. Some wore a jewelled and embroidered codpiece

between their legs to emphasize their virility. Both gentlemen and

ladies wore silk stockings and socks over them and then boots.

Coats dipped in boiled linseed oil with resin served as raincoats.

Both men and women wore velvet or wool full length nightgowns with

long sleeves and fur lining and trimming to bed, which was the

custom for the next 150 years. Fashions changed every year due to

the introduction of cheaper, lighter, and less durable cloths by

immigrant craftsmen. When Elizabeth became old, she had a wig made

to match her youthful long red hair. Other ladies then began

wearing wigs.

Every few years, Elizabeth issued a proclamation reminding people

of the apparel laws and reiterating certain provisions which had

been disregarded. For instance, only the royal family and dukes

and marquises in mantles of the garter could wear the color

purple. One had to be at least an earl to wear gold or silver or

sable. Only dukes, marquises, earls and their children, barons,

and knights of the order could wear imported wool, velvet,

crimson, scarlet, or blue, or certain furs. Except that barons'

sons, knights, or men that could dispend at least 200 pounds

yearly could wear velvet in gowns or coats, embroidery, and furs

of leopards. Spurs, swords, rapiers, daggers, and woodknives were

restricted to knights and barons' sons or higher. A man who could

dispend at least 100 pounds per year could wear taffeta, satin,

damask, or cloth made of camels' hair and silk, in his outer

garments. One had to be the son and heir or the daughter of a

knight or wife of said son or a man who could dispend 20 pounds

yearly or had 200 pounds worth in goods to wear silk in one's hat,

bonnet, nightcap, girdle, scabbard, or hose. Yeomen, husbandmen,

serving men, and craftsmen were very restricted in what they could

wear. Poor men wore skirted fustian tunics, loose breeches, and

coarse stockings or canvas leggings.

Women spent much of their time doing needlework and embroidery.

Since so many of the women who spent their days spinning were

single, unmarried women became known as "spinsters".

Children wore the same type of apparel as their elders. They were

given milk at meals for good growth. It was recognized that

sickness could be influenced by diet and herbs. Sickness was still

viewed as an imperfect balance of the four humors.

There were many lifestyle possibilities in the nation: gentleman,

that is one who owned land or was in a profession such as a

attorney, physician, priest or who was a university graduate,

government official, or a military officer; employment in

agriculture, arts, sciences; employment in households and offices

of noblemen and gentlemen; self-sufficient farmers with their own

farm; fisherman or mariner on the sea or apprentice of such;

employment by carriers of grain into cities, by market towns, or

for digging, seeking, finding, getting, melting, fining, working,

trying, making of any silver, tin, lead, iron, copper, stone,

coal; glassmaker.

Typical wages in the country were: fieldworkers 2-3d. a day,

ploughmen 1s. a week with board, shepherd 6d. a week and board,

his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending on

the grain, thatching for five days 2d., master mason or carpenter

or joiner 4d. a day and food or 8d. without food, a smith 2d. a

day with food, a bricklayer 2 1/2 d. a day with food, a shoemaker

2d. a day with food. These people lived primarily on food from his

own ground.

There was typical work for each month of the year in the country:

January - ditching and hedging after the frost broke, February -

catch moles in the meadows, March - protect the sheep from

prowling dogs, April - put up hop poles, sell bark to the tanner

before the timber is felled, fell elm and ash for carts and

ploughs, fell hazel for forks, fell sallow for rakes, fell horn

for flails, May - weed and hire children to pick up stones from

the fallow land, June - wash and shear the sheep, July - hay

harvest, August - wheat harvest, September and October - gather

the fruit, sell the wool from the summer shearing, stack logs for

winter, buy salt fish for Lent in the town and lay it up to dry,

November - have the chimneys swept before winter, thresh grain in

the barn, December - grind tools, repair yokes, forks, and farm

implements, cover strawberry and flower beds with straw to protect

them from the cold, split kindling wood with beetle and wedge, tan

their leather, make leather jugs, make baskets for catching fish,

and carve wood spoons, plates, and bowls.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 35 / 66 段