Theft and robbery were so usual that there were names for various

techniques used. A Ruffler went with a weapon to seek service,

saying that he was a servitor in the wars, but his chief "trade"

was to rob poor wayfaring men and market women. A Prigman went

with a stick in his hand like an idle person, but stole clothes

off hedges. A Whipjack begged like a mariner, but with a

counterfeit license (called a "gibe"); he mostly robbed booths in

fairs or pilfered ware from stalls, which was called "heaving of

the booth". A Frater had a counterfeit license to beg for some

hospital, but preyed upon poor women coming and going to market. A

Quire Bird was a person recently let out of prison, and was

commonly a horse stealer. An Upright Man carried a truncheon of a

staff and called others to account to him and give him a share or

"snap" of all that they had gained in one month, and he often beat

them. He took the chief place at any market walk and other

assemblies. Workers at inns often teamed up with robbers, telling

them of wares or money travelers were carrying so the robber could

profitably rob them after they left the inn.

Violence was still a part of the texture of everyday life. Private

armories and armed gangs were not uncommon. Agricultural laborers

kept sword and bow in a corner of their fields in the first part

of Elizabeth's reign. Non-political brutal crime and homicides

were commonplace. There were frequent local riots and

disturbances, in the country and in the towns. Occasionally there

were large-scale rebellions. But the rebellion of the Earl of

Essex in 1601 had no aftermath in violence. In 1590, the Queen

issued a proclamation enforcing curfew for London apprentices, who

had been misruly. The Queen issued proclamations to certain

counties to place vagrant soldiers or vagrants under martial law

because of numerous robberies. She ordered the deportation of

vagrant Irishmen in 1594.

After exhausting every other alternative, the Queen reluctantly

agreed with her Privy Council on the execution in 1572 of Mary,

Queen of Scots, who had been involved in a plot to assassinate her

and claim the throne of England. Her Council had persuaded her

that it was impossible for her to live in safety otherwise.

Francis Drake sailed around the world from 1577 to 1580. Walter

Ralegh made an expedition to North America in 1584 with the

Queen's authority to "discover barbarous countries, not actually

possessed of any Christian prince and inhabited by Christian

people, to occupy and enjoy". He found and named the land of

Virginia in honor of the Queen, who was a virgin, and started a

colony on Roanoke Island there. Drake and Ralegh plundered Spanish

ships for cargo such as American gold and silver, much of which

was used to pay for the war with Spain and much going to

investors. There experience fighting Spanish ships led to

improvements in ship design; building ships was no longer merely

by copying another ship or a small model. In 1588, the Spanish

Armada came to invade England, and was for the most part

destroyed. In that battle, Drake and other experienced sea-

fighters led two hundred English ships, of which about 20 were

built to sink other ships rather than to board and capture them.

These new English ships were longer and narrower and did away with

the towering superstructures at bow and stern. This made them more

maneuverable and easier to sail. Also, the English guns were

lighter, more numerous, and outranged the Spanish guns. So the

smaller English ships were able to get close enough to fire

broadside after broadside against the big Spanish troop-transport

galleons, without being fired upon. The direction of the wind

forced the Spanish galleons northward, where most of them were

destroyed by storms. The English seamen had been arbitrarily

pressed into this service.

A royal proclamation of 1601 offered a reward of 100 pounds for

information on libels against the Queen. There had been mounting

demonstrations against her monopolies, which mostly affected

household items. There had been abuses of monopolies, such as the

steel monopoly had been sold for 12 pounds 10s., but steel was

then sold at 5d. per pound instead of the former 2 1/2 d. per

pound. Further the steel was mixed and of a lesser quality. This

so damaged the knife and sword industry that about 2000 workers

lost their jobs from it and became beggars. Monopoly was a severe

burden to the middle and poorer classes. Also, the power of patent

holders to arrest and imprison persons charged with infringing

upon their rights was extended to any disliked person.

When the House of Commons protested against monopolies in 1601,

Elizabeth reduced them. She addressed her Council and the Commons

saying that "Mr. Speaker, you give me thanks, but I doubt me that

I have more cause to thank you all than you me; and I charge you

to thank them of the Lower House from me. For had I not received a

knowledge from you, I might have fallen into the lapse of an error

only for lack of true information. Since I was queen yet did I

never put my pen to any grant but that upon pretext and semblance

made unto me, it was both good and beneficial to the subject in

general, though a private profit to some of my ancient servants

who had deserved well. But the contrary being found by experience,

I am exceedingly beholding to such subjects as would move the same

at the first. And I am not so simple to suppose but that there be

some of the Lower House whom these grievances never touched; and

for them I think they speak out of zeal to their countries and not

out of spleen or malevolent affection, as being parties grieved.

And I take it exceedingly gratefully from them, because it gives

us to know that no respects or interests had moved them other than

the minds they bear to suffer no diminution of our honor and our

subjects' love unto us, the zeal of which affection tending to

ease my people and knit their hearts unto me, I embrace with a

princely care. For above all earthly treasures I esteem my

people's love, more than which I desire not to merit. That my

grants should be grievous unto my people and oppressions to be

privileged under color of our patents, our kingly dignity shall

not suffer it. Yea, when I heard it I could give no rest unto my

thoughts until I had reformed it. Shall they (think you) escape

unpunished that have thus oppressed you, and I have been

respectless of their duty and regardless of our honor? No, no, Mr.

Speaker, I assure you, were it not more for conscience' sake than

for any glory or increase of love that I desire, these errors,

troubles, vexations, and oppressions done by these varlets and low

persons (not worthy the name of subjects) should not escape

without condign punishment. But I perceive they dealt with me like

physicians who, ministering a drug, make it more acceptable by

giving it a good aromatical savor; or when they give pills, do

gild them all over. I have ever used to set the Last Judgment day

before my eyes and so to rule as I shall be judged, to answer

before a higher judge. To whose judgment seat I do appeal that

never thought was cherished in my heart that tended not unto my

people's good. And now if my kingly bounties have been abused and

my grants turned to the hurts of my people, contrary to my will

and meaning, or if any in authority under me have neglected or

perverted what I have commited to them, I hope Good will not lay

their culps [sins] and offenses to my charge. Who, though there

were danger in repealing our grants, yet what danger would I not

rather incur for your good than I would suffer them still to

continue? I know the title of a king is a glorious title, but

assure yourself that the shining glory of princely authority hath

not so dazzled the eyes of our understanding but that we well know

and remember that we also are to yield an account of our actions

before the great Judge. To be a king and wear a crown is a thing

more glorious to them that see it than it is pleasant to them that

bear it. For myself, I was never so much enticed with the glorious

name of a king or royal authority of a queen as delighted that God

hath made me His instrument to maintain His truth and glory, and

to defend this kingdom from peril, dishonor, tyranny, and

oppression. There will never queen sit in my seat with more zeal

to my country, care to my subjects, and that will sooner with

willingness venture her life for your good and safety, than

myself. For it is not my desire to live or reign longer than my

life and reign shall be for your good. And though you have had and

may have many princes more mighty and wise sitting in this seat,

yet you never had or shall have any that will be more careful and

loving."

About 1584, Richard Hakluyt, a Bristol clergyman, wrote "A

Particular Discourse concerning Western Discoveries". This was to

become the classic statement of the case for English colonization.

It held out hope that the English would find needed timber for

masts, pitch, tar, and ashes for soap.

In Rome in 1600, Giordano Bruno, an Italian monk and priest, was

burned alive at the stake by a court of the inquisition for not

recanting, although tortured, his heretical and blasphemous

philosophy. He had opined that Christianity was irrational and had

no scientific basis, that Christ was only a skillful magician,

that the Bible could not be taken literally, that God and nature

were not separate as taught by Genesis, that the Catholic church

encouraged ignorance from the instinct of self-preservation, and

that the earth and planets revolved around the sun, as did other

planets around other suns.

The Jesuits, a new Catholic order brimming with zeal, sent

missionaries to England to secretly convert people to Catholicism.

The practice of Catholicism had gone underground in England, and

some Catholic house-holders maintained Catholic priests in hidden

places in their homes.

- The Law -

Although estate tails (estates descendible only to the heirs of

the body of the original feofee) by law could not be sold or given

away, this was circumvented by use of a straw man. In

collaboration with the possessor of the property, this straw man

sued the possessor asserting that the property had been wrongfully

taken from the straw man. The possessor pleaded that the crier of

the court who had warranted it should be called to defend the

action. He failed to appear until after judgment had been given to

the straw man. Then the straw man conveyed it to the possessor or

his nominee in fee simple.

No one shall make false linen by stretching it and adding little

pieces of wood, which is so weak that it comes apart after five

washings.

Timber shall not be felled to make logs for fires for the making

of iron.

No one may take small fish to feed to dogs and pigs. Only nets

with mesh leaving three inches spaces may be used to catch fish.

No attainder shall result in the forfeiture of dower by the

offender's wife nor disinheritance of his heirs.

The following statute of artificers regulated labor for the next

two centuries: No master or mistress may employ a servant for a

term less than one year in the crafts of clothiers, woolen cloth

weavers, tuckers, fullers, clothworkers, shearmen, dyers, hosiers,

tailors, shoemakers, tanners pewterers, bakers, brewers, glove-

makers, cutlers, smith, farriers, curriers, saddlers, spurriers,

turners, cappers, hatmakers, feltmakers, bow-makers, arrow-makers,

arrow-head-makers, butchers, cooks, or millers, so that

agriculture will be advanced and idleness diminished. Also, every

craftsman unmarried or under age 30 who is not working must accept

employment by any person needing the craft work. Also, any common

person between 12 and 60 who is not working must accept employment

in agriculture. And, unmarried women between 12 and 40 may be

required by town officials to work by the year, the week, or day

for wages they determine.

All artificers and laborers hired by the day or week shall work

from 5 am to 7 PM. All artificers must labor at agriculture at

haytime and harvest to avoid the loss of grain or hay. Every

householder who raises crops may receive as an apprentice a child

between 10 and 18 to serve in agriculture until he is age 21. A

householder in a town may receive a child as an apprentice for 7

years, but merchants may only take as apprentices children of

parents with 40s. freehold. (This was designed to inhibit

migration to the towns. It excluded three fourths of the rural

population.)

No one may be a craftsman until he has served seven years as an

apprentice. These artificers may have children as apprentices:

smith, wheelmaker, ploughmaker, millmaker, miller, carpenter,

rough mason, plasterer, a timber sawer, an ore burner, a lime

burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate

roofs, layer of wood shingle roofs, layer of straw roofs, cooper,

earthen potter, linen weaver, housewife who weaves wool for sale

or for household use.

Fish, but no meat, may be eaten on Wednesdays so that there will

be more fishermen and mariners and repair of ports. (This was done

because fishing had declined since the dissolution of the

monasteries. Eating fish instead of meat in Lent in the springtime

remained a tradition.)

For repairing of highways, the supervisors may take the rubbish or

smallest stones of any quarry along the road in their precinct.

Embezzlement or theft by a servant of his master's goods of 40s.

or more is a felony.

No one shall forge a deed of land, charter, sealed writing, court

roll or will.

No one shall libel or slander so as to cause a rebellion.

Cut-purses and pick-purses shall not have benefit of clergy.

A debtor may not engage in a fraudulent collusion to sell his land

and goods in order to avoid his creditors.

A person robbing a house of 5s. by day when no one is there shall

not have benefit of clergy, because too many poor persons who

cannot hire a servant to look after their house when they go to

work have been robbed.

When the hue and cry is raised for a robbery in a hundred, and

other hundreds have been negligent, faulty, or defective in

pursuit of the robber, then they must pay half the damages to the

person robbed, while the hundred in which the robbery occurred

pays the other half. Robbers shall be pursued by horse and by

foot.

The price of barrels shall be set by mayors of the towns where

they are sold.

No man under the degree of knight may wear a hat or cap of velvet.

Caps may not be made of felt, but only knit wool. Only hats may be

made of felt. This is to assist the craft of making wool caps.

Every person over 6 years of age shall wear on Sundays a wool

knitted cap made by the cappers, except for maidens, ladies,

gentlewomen, noble persons, and every lord, knight, and gentlemen

with 2,667s. of land, since the practice of not wearing caps has

damaged the capping industry. This employed cappers and poor

people they had employed and the decrepit and lame as carders,

spinners, knitters, parters, forsers, thickers, dressers, dyers,

battelers, shearers, pressers, edgers, liners, and bandmakers.

Rugs shall weigh 44 pounds at least and be 35 yards at least in

length and at most 3/4 yard wide.

The incorporated company of ship masters may erect beacons and

marks on the seashores and hills above, because certain steeples

and other marks used for navigation have fallen down and ships

therefore have been lost in the sea.

There shall be one sheriff per county, because now there are

enough able men to supply one per county.

Trials of noblemen for treason shall be by their peers.

A native or denizen merchant in wholesale or retail goods who

leaves the nation to defraud his creditors shall be declared a

bankrupt. The Chancellor may conduct an investigation to ascertain

his land, house, and goods, no matter who may hold them. They

shall be appraised and sold to satisfy his debts.

Loan contracts for money lent may not be for more than 200s. for

each 2000s. yearly. All loans of money or forbearing of money in

sales of goods for less than this shall be punishable by forfeit

of the interest only.

No cattle may be put in any enclosed woods that have been growing

less than five years. At the end of five years growth, calves may

be put in. At the end of six years growth, cattle may be put in.

The mother and reputed father of any bastard who has been left to

be kept at the parish where born must pay weekly for the upkeep

and relief of such child, so that the true aged and disabled of

the parish get their relief and to punish the lewd life.

No master at a university may lease any land unless 1/3 of it is

retained for raising crops to supply the colleges and halls for

food for their scholars.

Persons with 100s. in goods or 40s. in lands shall find two able

men in their parish community to repair the highways yearly.

Landowners of Oxford shall be taxed for the repair of the highway

and bridge there.

Woods around London shall not be felled to be converted to coals

for iron-works because London needs the wood to make buildings and

for fireplaces.

Every melter and maker of wax from honeycombs shall put his mark

on every piece of his wax to be sold. Wrought wax such as in

lights, staff-torches, red wax or sealing wax, book candles, or

searing candles shall bear its maker's mark. All barrels of honey

shall bear the mark of the honeymaker.

Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and caps

shall be dyed black only with dye from the woad plant and not with

any false black dye.

No one shall take or kill any pheasants with nets or devices at

nighttime because such have become scarce.

Lands, tenements, goods and chattels of accountants teller, or

receiver who are in debt may be obtained by court order to satisfy

the debt by garnishing the heir of the debtor after the heir has

reached 21 and for the 8 years next ensuing.

Fraudulent and secret conveyances made to retain the use of one's

land when one sells the land to a bona fide purchaser for value in

fee simple, fee tail, for life, for lives, or for years are void.

No new iron mills or furnaces for making or working of any iron or

iron metal shall be established in the country around London and

the owners of carriages of coals, mines and iron which have

impaired or destroyed the highways shall also carry coal ashes,

gravel, or stone to repair these highways or else make a payment

of 2s.6d. for each cart load not carried.

No one shall bribe an elector to vote for a certain person for

fellow, scholar, or officer of a college, school, or hall or

hospital so that the fittest persons will be elected, though

lacking in money or friends, and learning will therefore be

advanced.

Cottage and dwelling houses for workmen or laborers in mineral

works, coal mines, or quarries of stone or slate for the making of

brick, tile, lime, or coals shall be built only within a mile from

such works. Dwelling houses beyond this must be supported by four

acres of land to be continually occupied and manured as long as

the dwelling house is inhabited or forfeit 40s. per month to the

Queen. Cottages and dwelling houses for sailors or laborers

working on ships for the sea shall be built only within a mile of

the sea. A cottage may be built in a forest or park for a game

keeper of the deer. A cottage may be built for a herd-man or

shepherd for the keeping of cattle or sheep of the town. A cottage

may be built for a poor, lame, sick, aged, or disabled person on

waste or common land. More families than one may not be placed in

one cottage or dwelling house.

A vagabond or mighty strong beggar [able to work] shall be

whipped.

Any person with land in fee-simple may establish a hospital,

abiding place, or house of correction to have continuance forever

as a corporation for the sustenance and relief of the maimed,

poor, or disabled people as to set the poor to work. The net

income shall not exceed 40,000s. yearly.

Troops of vagabonds with weapons in the highways who pretend to be

soldiers or mariners have committed robberies and murders. So all

vagabonds shall settle down in some service or labor or trade.

Pontage [toll for upkeep and repair of bridges] shall be taken at

certain bridges: carts 2d., horse and pack 1d., a flock of sheep

2d.

Crown officials such as treasurers, receivers, accountants, and

revenue collectors shall not embezzle Crown funds and shall be

personally liable for arrears.

Persons forcibly taking others across county lines to hold them

for ransom and those taking or giving blackmail money and those

who burn barns or stacks of grain shall be declared felons and

shall suffer death, without any benefit of clergy or sanctuary.

No bishop may lease land for more than twenty-one years or three

lives.

No bishop may alienate any possession of their sees to the crown.

Such are void.

Stewards of leet and baron courts may no longer receive, in their

own names, profits of the court over 12d. since they have vexed

subjects with grievous fines and amercements so that profits of

justice have grown much.

Incorrigible and dangerous rogues shall be branded with an "R"

mark on the left shoulder and be put to labor, because banishment

did not work as they came back undetected. If one is caught again

begging, he shall be deemed a felon.

Any innkeeper, victualler, or alehouse keeper who allows drinking

by persons other than those invited by a traveler who accompanies

him during his necessary abode there and other than laborers and

handicraftsmen in towns upon the usual working days for one hour

at dinner time to take their diet in an alehouse and other than

laborers and workmen following their work to any given town to

sojourn, lodge, or victual in any inn, alehouse or victualling

house shall forfeit 10s. for each offense. This is because the use

of inns, alehouses, and victualling houses was intended for relief

and lodgings of travelling people and people not able to provide

their own victuals, but not for entertainment and harboring of

lewd and idle people who become drunk.

If a person marries a second time while the first spouse is still

living, it shall be a felony and thus punishable by death.

Watermen transporting people on the Thames River shall have served

as apprentice to a waterman for five years or have been the son of

a waterman. This is to prevent the loss of lives and goods by

inexperienced watermen.

No one may make any hat unless he has served as apprentice for at

least seven years. This is to prevent false and deceitful hat-

making by unskillful persons.

Spices and potions, including pepper, cloves, mace, nutmeg,

cinnamon, ginger, almonds, and dates, which have usually been

garbled shall be garbled, cleaned, sorted, and sealed by the

Garbler before sale. This is to prevent mingled, corrupt, and

unclean spices and potions from being sold.

Plasterers shall cease painting because it has intruded upon the

livelihoods of painters who have been apprenticed as such.

Pawn brokers accepting stolen goods shall forfeit twice their

value to the owner from whom stolen.

No butcher may cut any hide or any ox, bull, steer, or cow so that

it is impaired or may kill any calf under five weeks old. No

butcher may be a tanner. No one may be a tanner unless apprenticed

as such for seven years or the son or wife of a tanner who has

tanned for four years or a son or daughter of a tanner who

inherits his tanhouse. Tanners may not be shoemakers, curriers,

butchers, or leatherworkers. Only tanners may buy raw hides. Only

leatherworkers may buy leather. Only sufficiently strong and

substantial leather may be used for sole-leather. Curriers may not

be tanners. Curriers may not refuse to curry leather. London

searchers shall inspect leather, seal and mark that which is

sufficient, and seize any that is insufficiently tanned, curried,

wrought, or used.

Fishermen and their guides may continue to use the coastland for

their fishing activities despite the trespass to landowners.

Since sails for ships in recent years have been made in the realm

instead of imported, none shall make such cloth unless he has been

apprenticed in such or brought up in the trade for seven years.

This is to stop the badness of such cloth.

Any person killing any pheasant, partridge, dove, pigeon, duck or

the like with any gun, crossbow, stonebow, or longbow, or with

dogs and nets or snares, or taking the eggs of such from their

nests, or tracing or taking hares in the snow shall be imprisoned

for three months unless he pays 20s. per head or, after one

month's imprisonment, have two sureties bound for 400s. This is

because the past penalty of payment hasn't deterred offenders, who

frequently cannot pay.

Persons affected by the plague may not leave their houses or be

deemed felons and suffer death. This is to avoid further

infection. The towns may tax their inhabitants for the relief of

infected persons.

Tonnage [tax per ton] and poundage [tax per pound] on goods

exported and imported shall be taken to provide safeguard of the

seas for such goods.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 39 / 66 段