Elizabeth did not allow any gentleman to live in London purely for

pleasure, but sent those not employed by the Court back to their

country manors to take care of and feed the poor of their

parishes. Her proclamation stated that "sundry persons of ability

that had intended to save their charges by living privately in

London or towns corporate, thereby leaving their hospitality and

the relief of their poor neighbors, are charged not to break up

their households; and all others that have of late time broken up

their households to return to their houses again without delay."

She never issued a license for more than 100 retainers. She was

partially successful in stopping justices of the peace and

sheriffs from wearing the liveries of great men. She continued the

policy of Henry VII to replace the rule of force by the rule of

law. Service of the crown and influence at court became a better

route to power and fortune than individual factions based on local

power structures. At the lowest level, bribery became more

effective than bullying. The qualities of the courtier, such as

wit, and the lawyer became more fashionable than the qualities of

the soldier.

Most of the men in Elizabeth's court had attended a university,

such as Francis Bacon, son of the Lord Keeper, who became a

writer, attorney, member of the Commons, and experimental

philosopher, and Walter Ralegh, the sea-fighter and writer, who

had a humble origin. Many wives and daughters of Privy Councilors

attended the Queen in her privy chamber. Most of the knights or

gentlemen of the royal household were also members of Parliament

or Justices of the Peace for certain districts in the counties.

Instead of the office of Chancellor, which was the highest legal

office, Elizabeth appointed a man of common birth to be Lord

Keeper of the Great Seal; she never made a Lord Keeper a peer.

Elizabeth encouraged her lords to frankly make known their views

to her, in public or in private, before she decided on a course of

action. She had affectionate nicknames for her closest courtiers,

and liked to make puns. The rooms of the Queen were arranged as

they had been under Henry VIII: the great hall was the main dining

room where the servants ate and which Elizabeth attended on high

days and holidays; the great chamber was the main reception room,

where her gentlemen and yeomen of the guard waited; the presence

chamber was where she received important visitors; beyond lay her

privy chamber and her bedchamber. She ate her meals in the privy

chamber attended only by her ladies. She believed that a light

supper was conducive to good health. The Lord Chamberlain attended

the Queen's person and managed her privy chamber and her well-born

grooms and yeomen and ladies-in-waiting. The Lord Steward managed

the domestic servants below the stairs, from the Lord Treasurer to

the cooks and grooms of the stable. The court did not travel as

much as in the past, but became associated with London. Elizabeth

took her entire court on summer visits to the country houses of

leading nobility and gentry. Courtiers adopted symbolic "devices"

as statements of their reaction to life or events, e.g. a cupid

firing arrows at a unicorn signified chastity under attack by

sexual desire. They carried them enamelled on jewels, had them

painted in the background of their portraits, and sometimes had

them expressed on furniture, plate, buildings, or food.

The authority of the Queen was the authority of the state.

Elizabeth's experience led her to believe that it was most

important for a monarch to have justice, temperance, magnanimity,

and judgment. She claimed that she never set one person before

another, but upon just cause, and had never preferred anyone to

office for the preferrer's sake, but only when she believed the

person worthy and fit for the office. She never blamed those who

did their best and never discharged anyone form office except for

cause. Further, she had never been partial or prejudiced nor had

listened to any person contrary to law to pervert her verdicts.

She never credited a tale that was first told to her and never

corrupted her judgment with a censure before she had heard the

cause. She did not think that the glory of the title of monarch

made all she did lawful. To her, clemency was as eminent in

supreme authority as justice and severity.

Secular education and especially the profession of law was now the

route for an able but poor person to rise to power, rather than as

formerly through military service or through the church.

The first stage of education was primary education, which was

devoted to learning to read and write in English. This was carried

out at endowed schools or at home by one's mother or a tutor. The

children of the gentry were usually taught in their homes by

private teachers of small classes. Many of the poor became

literate enough to read the Bible and to write letters. However,

most agricultural workers and laborers remained illiterate. They

signed with an "x", which represented the Christian cross and

signified its solemnity. Children of the poor were expected to

work from the age of 6 or 7.

The next stage of education was grammar [secondary] school or a

private tutor. A student was taught rhetoric (e.g. poetry,

history, precepts of rhetoric, and classical oratory), some logic,

and Latin and Greek grammar. English grammar was learned through

Latin grammar and English style through translation from Latin. As

a result, they wrote English in a latin style. Literary criticism

was learned through rhetoric. There were disputations on

philosophical questions such as how many angels could sit on a

pin's point, and at some schools, orations. The students sat in

groups around the hall for their lessons. The boys and some girls

were also taught hawking, hunting and archery. There were no

playgrounds. The grammar student and the undergraduate were tested

for proficiency by written themes and oral disputations, both in

Latin. The middle classes from the squire to the petty tradesman

were brought into contact with the works of the best Greek and

Roman writers. The best schools and many others had the students

read Cicero, the "De Officiis", the epistles and orations, and

some of Ovid, Terence, Sallust, Virgil, some medieval Latin works,

the "Distichs" of Cato, and sometimes Erasmus and Sir Thomas More.

The students also had to repeat prayers, recite the Lord's Prayer

and the Ten Commandments, and to memorize catechisms. Because the

students came from the various social classes such as gentlemen,

parsons, yeomen, mercers, and masons, they learned to be on

friendly and natural terms with other classes. A typical schoolday

lasted from 7:00 am to 5:00 PM. There were so many grammar schools

founded and financed by merchants and guilds such as the Mercers

and Fishmongers that every incorporated town had at least one.

Grammar schools were headed by schoolmasters, who were licensed by

the bishop and paid by the town. Flogging with a birch rod was

used for discipline.

Many grammar schools had preparatory classes called "petties" for

boys and girls who could not read and write to learn to do so. The

girls did not usually stay beyond the age of nine. This was done

by a schoolmaster's assistant, a parish clerk, or some older boys.

However, the grammar schools did not become the breeding grounds

for humanist ideas because the sovereigns were faced with

religious atomism and political unrest, so used the grammar

schools to maintain public order and achieve political and

religious conformity.

Some founders of grammar schools linked their schools with

particular colleges in the universities following the example of

Winchester being associated with New College, Oxford, and Eton

with King's College, Cambridge. The new charter of Westminster

(1560) associated the school with Christ Church, Oxford and

Trinity College, Cambridge.

The government of Oxford University, which had been Catholic, was

taken from the resident teachers and put into the hands of the

Vice-Chancellor, Doctors, Heads of Colleges, and Proctors.

Cambridge already had a strong reformed element from Erasmus'

influence. Oxford University and Cambridge University were

incorporated to have a perpetual existence for the virtuous

education of youth and maintenance of good literature. The

Chancellors, masters, and scholars had a common seal. Oxford was

authorized to and did acquire its own printing press.

Undergraduate students entered about age 16 and resided in rooms

in colleges rather than in scattered lodgings. The graduate

fellows of the college who were M.A.s of under three years

standing had the responsibility, instead of the university, for

teaching the undergraduates. This led many to regard their

fellowship as a position for life rather than until they completed

their post-graduate studies. But they were still required to

resign on marrying or taking up an ecclesiastical benefice. The

undergraduates were poor scholars or fee-paying members of the

college. Some of the fee-paying members or gentlemen-commoners or

fellow-commoners were the sons of the nobility and gentry and even

shared the fellows' table. The undergraduate students were

required to have a particular tutors, who were responsible for

their moral behavior as well as their academic studies. It was

through the tutors that modern studies fit for the education of a

Renaissance gentleman became the norm. Those students not seeking

a degree could devise his own course of study with his tutor's

permission. Less than about 40% stayed long enough to get a

degree. Many students who were working on the seven year program

for a Master's Degree went out of residence at college after the

four year's "bachelor" course. Students had text books to read

rather than simply listening to a teacher read books to them.

In addition to the lecturing of the M.A.s and the endowed

university lectureships, the university held exercises every

Monday, Wednesday, and Friday in which the student was meant

through disputation, to apply the formal precepts in logic and

rhetoric to the practical business of public speaking and debate.

Final examinations were still by disputation. The students came to

learn to read Latin easily. Students acted in Latin plays. If a

student went to a tavern, he could be flogged. For too elaborate

clothing, he could be fined. Fines for absence from class were

imposed. However, from this time until 1945, a young man's

university days were regarded as a period for the "sowing of wild

oats".

All students had to reside in a college or hall, subscribe to the

39 articles of the university, the Queen's supremacy, and the

prayer book. Meals were taken together in the college halls. The

universities were divided into three tables: a fellows' table of

earls, barons, gentlemen, and doctors; a second table of masters

of arts, bachelors, and eminent citizens, and a third table of

people of low condition. Professors, doctors, masters of arts and

students were all distinguishable by their gowns.

Undergraduate education was considered to be for the purpose of

good living as well as good learning. It was to affect the body,

mind, manners, sentiment, and business, instead of just leading to

becoming a better disputant. The emphasis on manners came mostly

from an Italian influence. The university curriculum included

Latin and Greek languages and was for four years. The student

spent at least one year on logic (syllogizing, induction,

deduction, fallacies, and the application of logic to other

studies), at least one year on rhetoric, and at least one year on

philosophy. The latter included physics, metaphysics, history,

law, moral and political philosophy, modern languages, and ethics

(domestic principles of government, military history, diplomatic

history, and public principles of government), and mathematics

(arithmetic, geometry, algebra, music, optics, astronomy). The

astronomy taught was that of Ptolemy, whose view was that the

celestial bodies revolved around a spherical earth, on which he

had laid out lines of longitude and latitude. There were lectures

on Greek and Latin literature, including Aristotle, Plato, and

Cicero. There were no courses on English history in the

universities.

About 1564, the curriculum was changed to two terms of grammar,

four terms of rhetoric, five terms of dialectic (examining ideas

and opinions logically, e.g. ascertaining truth by analyzing words

in their context and equivocations), three terms of arithmetic,

and two terms of music. There were now negative numbers,

irrational numbers such as square roots, and imaginary numbers

such as square roots of negative numbers. The circumference and

area of a circle could be computed from its radius, and the

Pythagorean theorem related the three sides of a right triangle.

Also available were astrology, alchemy (making various substances

such as acids and alcohols), cultivation of gardens, and breeding

of stock, especially dogs and horses. Astronomy, geometry, natural

and moral philosophy, and metaphysics were necessary for a

master's degree. The university libraries of theological

manuscripts in Latin were supplemented with many non-religious

books.

There were graduate studies in theology, medicine, music, and law,

which was a merging of civil and canon law together with

preparatory work for studying common law at the Inns of Court in

London.

In London, legal training was given at the four Inns of Court.

Students were called to dinner by a horn. Only young gentry were

admitted there. A year's residence there after university gave a

gentleman's son enough law to decide disputes of tenants on family

estates or to act as Justice of the Peace in his home county. A

full legal education gave him the ability to handle all family

legal matters, including property matters. Many later became

justices of the Peace or members of Parliament. Students spent two

years in the clerks' commons, and two in the masters' commons.

Besides reading textbooks in Latin, the students observed at court

and did work for practicing attorneys. After about four more

years' apprenticeship, a student could be called to the outer

barre. There was a real bar of iron or wood separating the

justices from the attorneys and litigants. As "Utter Barrister" or

attorney, he would swear to "do no falsehood in the court,

increase no fees but be contented with the old fees accustomed,

delay no man for lucre or malice, but use myself in the office of

an Attorney within the Court according to my learning and

discretion, so help me God, Amen". Students often also studied and

attended lectures on astronomy, geography, history, mathematics,

theology, music, navigation, foreign languages, and lectures on

anatomy and medicine sponsored by the College of Physicians. A

tour of the continent became a part of every gentleman's

education. After about eight years' experience, attorneys could

become Readers and Benchers, the latter of whom made the rules.

Readers gave lectures. Benchers, who were elected by other

Benchers, were entrusted with the government of their Inn of

Court, and usually were King's counsel. Five to ten years later, a

few of these were picked by the Queen for Serjeant at Law, and

therefore eligible to plead at the bar of common pleas. Justices

were chosen from the Serjeants at Law.

Gresham left the Royal exchange to the city and the Mercer's

Company on condition that they use some of its profits to appoint

and pay seven lecturers in law, rhetoric, divinity, music,

physics, geometry, and astronomy to teach at his mansion, which

was called Gresham College. They were installed in 1598 according

to his Will. Their lectures were free, open to all, and often in

English. They embraced mathematics and new scientific ideas and

emphasized their practical applications. A tradition of research

and teaching was established in mathematics and astronomy.

Many people kept diaries. Letter writing was frequent at court.

All forms of English literature were now in print, except for

plays. Many ladies read aloud to each other in reading circles and

to their households. Some wrote poetry and did translations.

Correctness of spelling was beginning to be developed. Printers

tended to standardize it. There was much reading of romances, jest

books, histories, plays, prayer collections, and encyclopedias, as

well as the Bible. In schools and gentry households, favorite

reading was Edmund Spenser's "Faerie Queen" about moral virtues

and the faults and errors which beset them, Erasmus' New

Testament, "Paraphrases", "Colloquies", and "Adages", Sir Thomas

North's edition of Plutarch's "Lives of the Noble Grecians and

Romans", Elyot's "The Book Named the Governor", and Hoby's

translation of "The Courtier". Gentlemen read books on the ideals

of gentlemanly conduct, such as "Institucion of a Gentleman"

(1555), and Laurence Humphrey's "The Nobles: or of Nobilites".

Francis Bacon's "Essays or Counsels Civil and Moral" were popular

for their wisdom. In them he commented on many subjects from

marriage to faction. He cautioned against unworthy authority, mass

opinion, custom, and ostentation of apparent wisdom. He urged the

use of words with their correct meaning.

At a more popular level were Caxton's "The Golden Legend",

Baldwin's "Mirror for Magistrates", Foxe's "Book of Martyrs" about

English protestant who suffered at the stake, sensational stories

and pamphlets, printed sermons (including those of Switzerland's

Calvin), chronicles, travel books, almanacs, herbals, and medical

works. English fiction began and was read. There were some books

for children. Books were copyrighted, although non-gentlemen

writers needed a patron. At the lowest level of literacy were

ballads. Next to sermons, the printing press was kept busiest with

rhymed ballads about current events. Printed broadsheets on

political issues could be distributed quickly. In London, news was

brought to the Governor of the News Staple, who classified it as

authentic, apocryphal, barber's news, tailor's news, etc. and

stamped it. Books were also censored for matter against the state

church. This was carried out through the Stationers' Company. This

company was now, by charter, the official authority over the

entire book trade, with almost sole rights of printing (e.g.

excluding schools). It could burn other books and imprison their

printers.

There were language schools teaching French, Italian, and Spanish

to the aspiring merchant and to gentlemen's sons and daughters.

Italian business techniques were set forth in textbooks for

merchants, using Italian terms of business: debit (debito), credit

(credito), inventory (inventorio), journal (giornal), and cash

(cassa). The arithmetic of accounting operations, including

multiplication, was described in "An Introduction for to Lerne to

Reckonwith the Penne or Counters" in 1537. Accounting advice was

extended to farmers as well as merchants in the 1569 "The Pathway

to Perfectness in the Accomptes of Debitor and Creditor" by James

Peele, a salter of London. It repeated the age-old maxim:

...receive before you write, and write before you pay, So shall no

part of your accompt in any wise decay. The 1589 "Marchants Avizo"

by Johne Browne, merchant of Bristol, gave information on foreign

currencies and keeping of accounts, and included specimens of

various business documents such as insurance policies, and bills

of exchange. It also advised: Take heed of using a false balance

or measure...covet not over familiarity amongst men it maketh thee

spend much loss of time. Be not hasty in giving credit to every

man, but take heed to a man that is full of words, that hath red

eyes, that goeth much to law, and that is suspected to live

unchaste ... When thou promiseth anything be not stuck to perform

it, for he that giveth quickly giveth double ... Fear God...know

thy Prince...love thy parents ...give reverence to thy betters

...be courteous and lowly to all men... be not wise in thine own

conceit. The old prohibitions of the now declining canon law were

still observed. That is one should not seek wealth for its own

sake or beyond what was requisite for a livelihood in one's

station, exploit a customer's difficulties to extract an

extravagant price, charge excessive interest, or engross to

"corner the market".

The printing press had made possible the methodizing of knowledge

and its dissemination to a lay public. Knowledge associated with

the various professions, occupations, and trades was no longer

secret or guarded as a mystery, to be passed on only to a chosen

few. The sharing of knowledge was to benefit the community at

large. Reading became an out-of-school activity, for instruction

as well as for pleasure.

In 1565, graphite was discovered in England, and gave rise to the

pencil. Surveying accuracy was improved with the new theodolite,

which determined directions and measured angles and used a

telescope that pivoted horizontally and vertically. Scientists had

the use of an air thermometer, in which a column of air in a glass

tube sitting in a dish of water contracted or expanded with

changes in the temperature, causing the water to move up or down

the tube.

William Shakespeare, a glove-maker's son, wrote plays about

historical events and plays which portrayed various human

personalities and their interactions with each other. They were

enjoyed by all classes of people. His histories were especially

popular. The Queen and various earls each employed players and

actors, who went on tour as a troupe and performed on a round

open-air stage, with people standing around to watch. In London,

theaters such as the Globe were built specifically for the

performance of plays, which before had been performed at inns. The

audience applauded and hissed. There were costumes, but no sets.

Ordinary admission was 2d. Before being performed, a play had to

be licensed by the Master of the Revels to make sure that there

was nothing detrimental to the peace and public order. Elizabeth

issued a proclamation forbidding unlicensed interludes or plays,

especially concerning religion or government policy on pain of

imprisonment for at least fourteen days. The common people still

went to morality plays, but also to plays in which historical

personages were portrayed, such as Richard II, Henry IV, and Henry

V. Some plays were on contemporary issues. Musicians played

together as orchestras. Music and singing was a popular pastime

after supper; everyone was expected to participate. Dancing was

popular with all classes. Gentlemen played cards, dice, chess,

billiards, tennis, and fenced and had games on horseback. Their

deer-hunting diminished as forests were cut down for agriculture

and the deer was viewed as an enemy eating crops. Falconry

diminished as hedges and enclosures displaced the broad expanses

of land.

Country people enjoyed music, dancing, pantomime shows with masks

of mythological or symbolic characters, riddles, wrestling,

hurling, running, swimming, leap frog, blind man's buff,

shovelboard played with the hands, and football between villages

with the goal to get the ball into one's own village. Football and

shin-kicking matches often resulted in injuries. The bought

ballads from traveling pedlars. Early morning dew gathered in May

and early June was thought to have special curative powers. There

were many tales involving fairies, witches, devils, ghosts, evil

spirits, angels, and monsters enjoyed by adults as well as

children. Many people still believed in charms, curses,

divination, omens, fate, and advice from astrologers. The ghosts

of the earth walked the earth, usually because of some foul play

to be disclosed, wrong to be set right, to warn those dear to them

of peril, or to watch over hidden treasure. Fairies blessed homes,

rewarded minor virtues, and punished mild wrongdoing. When fairies

were unhappy, the weather was bad. There were parties for

children.

The merry guild-feast was no longer a feature of village life.

There were fewer holydays and festivals. The most prosperous

period of the laborer was closing. An agricultural laborer's

yearly wage was about 154s., but his cost of living, which now

included house rent, was about 160s. a year. In 1533, daily wages

in the summer for an agricultural laborer were about 4d. and for

an artisan 6d. In 1563 in the county of Rutland, daily wages for

laborers were 7d. in summer and 6d. in winter; and for artisans

were 9d. in summer and 8d. in winter. Unemployment was widespread.

There were endowed hospitals in London for the sick and infirm.

There were others for orphans, for derelict children, and for the

destitute. They worked at jobs in the hospital according to their

abilities. There was also a house of correction for discipline of

the idle and vicious by productive work. Elizabeth continued the

practice of touching people to cure scrofula, although she could

not bring herself to fully believe in the reality of such cures,

contrary to her chaplain and her physician.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 37 / 66 段