Naming one's wife as executor of one's will was the norm.

Jointures were negotiated at the betrothal of ladies. Widows of

manorial tenants were guaranteed by law one-third of family real

property, despite creditors. But most testators went beyond this

and gave a life interest in the farm or family house. So it was

customary for a widow to remain in occupation of the land until

her death or remarriage. Few widow or widowers lived with one of

their children. Widows usually had their husband's guild rights

and privileges conferred upon them, e.g. to receive apprentices.

In London, custom gave 1/3 of a deceased husband's estate to his

wife on his death, but 2/3 if there were no children. The other

part went according to his will. If a widows did not remarry in

memory of her husband, she was esteemed. But remarriage was common

because the life expectancy after birth was about 35 years.

Sons of the well-to-do went into law, the Church, the army, or the

navy. If not fit for such, they usually went into a trade,

apprenticing, for instance, with a draper, silk-merchant, or

goldsmith. Sometimes a son was sent to the house of a great man as

a page or esquire to learn the ways of courtiers and perhaps

become a diplomat.

The guild with its master and their employees was being replaced

by a company of masters.

About 5% of the population was Catholic, although it was against

the law to practice this religion. Indeed it long been the

practice to sequester their lands, punish them for going to mass,

fine them for not attending the established church, banish their

priests, and imprison those who aided priests. There was a

Catholic plot in 1605 to blow up Parliament and the king with

gunpowder and to restore Catholicism as the state religion with a

Catholic king. It was discovered and the conspirators were

executed. Then there was a crack-down on Catholics, with houses

being searched for hiding places for priests. Also, legislation

was passed barring Catholics from many offices.

James I ruled over both England and Scotland. He had come from

Scotland, so was unfamiliar with English love of their rights and

passion for liberty and justice. When he came to the throne, he

had a conference with a group of Puritans who asked for certain

reforms: ceremonies such as the cross in baptism and the ring in

marriage should not be used, only educated men competent to preach

should be made ministers, bishops should not be allowed to hold

benefices that they did not administer, and minor officials should

not excommunicate for trifles and twelve-penny matters. He not

only denied their requests, but had the English Bible revised into

the King James version, which was published in 1611. This was to

replace the popular Geneva Bible written by English protestant

refugees from Catholic Queen Mary's reign, which he did not like

because some of its commentary was not highly favorable to kings.

Religion was much discussed by all and scripture was frequently

quoted. James didn't believe a king had to live by the law; he

hadn't as king of Scotland. He tried to imbue into England the

idea of a divine right of kings to rule that he had held in

Scotland. The established church quickly endorsed and preached

this idea.

The selection of the clergy of the parish churches was now often

in the hands of the parishioners, having been sold to them by the

patron lord of the manor. Some patrons sold the right of selection

to a tradesman or yeoman who wished to put in his son or a

relative. Some rights of selection were in the hands of bishops,

the colleges, and the Crown. The parish clergyman was appointed

for life and removed only for grave cause. Most parishoners wanted

a sermon created by their minister instead of repetitious homilies

and constant prayer. They thought that the object of worship in

church was to rouse men to think and act about the problems of the

world.

In 1622, the king mandated that clergymen quote scripture only in

context of the Book of Articles of Religion of 1562 or the two

Books of Homilies and not preach any sermon on Sunday afternoon

except on some part of the Catechism or some text out of the

Creed, Ten Commandments, or the Lord's Prayer.

The Puritan movement grew. About 5% of the Protestants were

Puritans. These included country gentlemen and wealthier traders.

They dressed simply in gray or other drab colors and wore their

hair short to protest the fashion of long curls. They lived simply

and disapproved of dancing because it induced lasciviousness and

of theater because of its lewdness. Theaters and brothels still

shared the same neighborhoods, the same customers, and sometimes

the same employees. Prostitutes went to plays to find customers;

men shouldered and shoved each other in competing to sit next to

attractive women to get to know them. The Puritans also

disapproved of cock fights because they led to gambling and

disorder, and Maypole celebrations because of their paganism.

There was less humor. Many became stoics. The Puritan church

ceremonies were plain, with no ornamentation. Puritans prayed

several times a day and read the Bible to each other in family

groups to look for guidance in their conduct and life. They asked

for God to intervene in personal matters and looked for signs of

his pleasure or displeasure in happenings such as a tree falling

close but not touching him, or his horse throwing him without

injury to him. When there was an illness in the family or

misfortune, they examined their past life for sins and tried to

correct shortcomings. They circulated records of puritan lives

including spiritual diaries. They believed in the equality of men

and that a good man was better than a bad peer, bishop, or king.

Puritan influence made families closer and not merely dependent on

the will of the husband or father. There was a sense of spiritual

fellowship among family members as individuals. They emphasized

the real need of a lasting love relationship between husband and

wife, so a mutual liking that could develop into love between a

young couple in an arranged match was essential.

Most Puritans felt that the bishops were as tyrannical as the pope

had been and that more reform was needed. They favored the

Presbyterian form of church government developed by John Calvin in

Switzerland. The presbyter was the position below bishop. Parishes

were governed by boards consisting of a minister and lay elders

elected by the parishioners. These boards sent elected

representatives to councils. All lay elders and ministers had

equal rank with each other. The Calvinist God preordained

salvation only for the elect and damnation and everlasting

punishment for the rest of humanity, but the Puritans had an

optimism about avoiding this damnation. They believed that at his

conversion a person received grace and became predestined for

salvation. They rejected all ecclesiastical institutions except as

established by each parish over its own elected pastor and

members. They rejected the established church's control from the

top by bishops. They believed in negotiating directly with God for

the welfare of the soul without the priest or church organization.

The fear of witchcraft grew with Puritanism. Poor decrepit old

defenseless women, often deformed and feeble-minded, were thought

to be witches. Their warts and tumors were thought to be teats for

the devil to suck or the devil's mark. Cursing or ill-tempers

(probably from old age pains) or having cats were further

indications of witchery.

When the king learned in 1618 that the Puritans had prevented

certain recreations after the Sunday service, he proclaimed that

the people should not be restrained from lawful recreations and

exercise such as dancing, archery for men, leaping, vaulting, May-

games, Whitsunales, Morris-dances, and May-pole sports. Also women

could carry rushes to decorate the church as they had done in the

past. (Still unlawful on Sunday was bear and bull baitings and

bowlings.) His stated purpose was to prevent people such as

Catholics from being deterred from conversion, to promote physical

fitness for war, and to keep people from drinking and making

discontented speeches in their ale houses.

Besides the Puritans, there were other Independent sects, such as

the Congregationalists, whose churches gathered together by the

inspiration of Jesus. This sect was started by English merchants

residing in Holland who set up congregations of Englishmen under

their patronage there; they kept minister and elders well under

their control. The Baptists emerged out of the Independents. They

believed that only adults, who were capable of full belief, and

not children, could be baptized. They also believed that it was

the right of any man to seek God's truth for himself in the

scriptures and that obedience to the state should not extend

beyond personal conscience.

One fourth of all children born did not live to the age of ten,

most dying in their first year. Babies had close caps over their

head, a rattle, and slept in a sturdy wood cradle that rocked on

the floor, usually near the hearth. Babies of wealthier families

had nurses. The babies of ladies were suckled by wet nurses.

Parents raised children with affection and tried to prepare them

to become independent self-sustaining adults. There was less

severity than in Tudor times, although the maxim "spare the rod

and spoil the child" was generally believed, especially by

Puritans, and applied to even very young children. In disciplining

a child, an admonition was first used, and the rod as a last

resort, with an explanation of the reasons for its use. There were

nursery rhymes and stories such as "Little Bo-Peep", "Jack and the

Beanstalk", "Tom Thumb", "Chicken Little", and Robin Hood and King

Arthur tales, and probably also "Puss in Boots", "Red Ridinghood",

"Cinderella", "Beauty and the Beast", "Bluebeard" and Aesop's

Fables. "Little Jack Horner" who sat in a corner was a satire on

the Puritan aversion to Christmas pudding and sense of conscious

virtue. Toys included dolls, balls, drums, and hobby horses.

Children played "hide and seek", "here we go around the Mulberry

bush", and other group games. School children were taught by "horn

books". This was a piece of paper with the alphabet and perhaps a

religious verse, such as the Paternoster prayer, that was mounted

on wood and covered with thin horn to prevent tearing. Little

girls cross-stitched the alphabet and numerals on samplers. Block

alphabets were just coming in. Most market towns had a grammar

school which would qualify a student for university. They were

attended by sons of noblemen, country squires [poor gentlemen],

merchants, and substantial yeomen, and in some free schools, the

poor. School hours were from 6:00 a.m. to noon or later.

Multiplication was taught. If affordable, families had their

children involved in education after they were small until they

left home at about fifteen for apprenticeship or service.

Otherwise, children worked with their families from the age of

seven, e.g. carding and spinning wool, until leaving home at about

fifteen.

There were boarding schools such as Winchester, Eton, Westminster,

St. Paul's, and Merchant Taylors'. There, senior boys selected for

conduct and ability supervised younger boys. They thereby got

experience for a future in public life. The system was also a

check on bullying of the weak by the strong. The curriculum

included Lilly's "Grammar", Aesop, Terence's Roman comic plays,

Virgil's "Aeneid", the national epic of Rome, Cicero's "Letters"

reflecting Roman life, Sallust's histories showing people and

their motives, Caesar's "Commentaries" on the Gallic and civil

wars, Horace's "Epistles" about life and poetry, poet Ovid's

"Metamorphoses" on adventures and love affairs of deities and

heros, or "Fasti" on Roman religious festivals and customs,

Donatus' grammar book, and other ancient Latin authors. Football,

with hog bladders, and tennis were played. These schools were

self-supporting and did their own farming.

Private schools for girls were founded in and around London. They

were attended by daughters of the well-to-do merchant class,

nobility, and gentry. They were taught singing, playing of

instruments, dancing, French, fine sewing, embroidery, and

sometimes arithmetic. Fewer served in the house of some noble lady

as before. Most commonly, the sons and daughters of gentlemen and

nobles were taught by private tutors. A tutor in the house

educated the girls to the same extent as the boys. There were not

many girls' boarding schools. Frequently, the mother educated her

daughters. A considerable number of girls of other backgrounds

such as the yeomanry and the town citizenry somehow learned to

read and write.

Boys began at university usually from age 14 to 18, but sometimes

as young as 12. The universities provided a broad-based education

in the classics, logic and rhetoric, history, theology, and modern

languages for gentlemen and gave a homogenous national culture to

the ruling class. There was a humanist ideal of a gentleman

scholar. The method of study based largely on lectures and

disputations. Each fellow had about five students to tutor. In

many cases, he took charge of the finances of his students, paying

his bills to tradesmen and the college. His reimbursement by the

students' fathers put them into friendly contact with the family.

The students slept in trundle beds around his bed and had an

adjacent room for study. Scholasticism was only starting to give

way to modern studies. Aristotle, whose authority was paramount,

remained the lynch pin of university studies, especially for logic

and dialectic. The study of rhetoric was based on Quintilian, the

Latin writer, and the Greek treatise of Hermogenes of Tarsus. Also

studyed was Cicero's orations as models of style. Examination for

degrees was by disputation over a thesis of the student. The B.A.

degree was given after four years of study, and the M.A. after

three more. There were advanced degrees in civil law (after seven

more years of study), medicine (after seven years), divinity

(required more than seven years), and music. Many of the men who

continued for advanced degrees became fellows and took part in the

teaching. Most fellowships were restricted to clerics. Oxford and

Cambridge Universities operated under a tutorial system. Access to

grammar schools and universities was closed to girls of whatever

class. Oxford University now had the Bodleian Library. In the

universities, there were three types of students: poor scholars,

who received scholarships and also performed various kinds of

service such as kitchen work and did errands for fellows such as

carrying water and waiting on tables; commoners, who paid low fees

and were often the sons of economical gentlemen or businessmen;

and the Fellow Commoners (a privileged and well-to-do minority,

usually sons of noblemen or great country gentlemen). The Fellow

Commoners paid high fees, had large rooms, sometimes had a

personal tutor or servant, and had the right to eat with the

Fellows at High Table. Here, gentlemen made friends with their

social equals from all over the country. Students wore new-

fashioned gowns of any colors and colored stockings. They put on

stage plays in Latin and English. The students played at running,

jumping, and pitching the bar, and at the forbidden swimming and

football. They were not to have irreligious books or dogs. Cards

and dice could be played only at Christmas time. Students still

drank, swore, and rioted, but they were disallowed from going into

town without special permission. Those below a B.A. had to be

accompanied by a tutor or an M.A. They were forbidden from

taverns, boxing matches, dances, cock fights, and loitering in the

street or market. Sometimes a disputation between two colleges

turned into a street brawl. Punishment was by flogging. Each

university had a chancellor, usually a great nobleman or

statesman, who represented the university in dealings with the

government and initiated policies. The vice-chancellor was

appointed for a year from the group of heads of college. He looked

out for the government of halls, enforced the rules of the

university, kept its courts, licensed wineshops, and shared

control of the town with the mayor.

Tutors were common. They resided at the boy's house or took boys

to board with them at their houses in England or on the continent.

The tutor sometimes accompanied his student to grammar school or

university. Puritans frequently sent their sons to board in the

house of some Frenchman or Swiss Protestant to learn the Calvinist

doctrines or on tour with a tutor. Certain halls in the

universities were predominately Puritan. Catholics were required

to have their children taught in a home of a Protestant, a

relative if possible.

The Inns of Court were known as "the third university". It served

the profession of law, and was a training ground for the sons of

nobility and the gentry and for those entering the service of the

commonwealth. Some American colonists sent their sons there. The

Inns were self-governing and ruled by custom. Students were

supposed to live within the Inn, two to a room, but often there

were not enough rooms, so some students lived outside the

quadrangles. Every student was supposed to partake of Commons or

meals for a certain fraction of the year - from eight weeks to

three months and there to argue issues in cases brought up by

their seniors. In hall the students were not allowed to wear hats,

though caps were permitted, nor were they to appear booted or

spurred or carrying swords. For the first two years, they would

read and talk much of the law, and were called Clerks Commoners.

After two years they became Mootmen or Inner Barristers. In five

or six years they might be selected to be called to the bar as

Utter Barristers, whose number was fixed. There was no formal

examination. The Utter Barrister spent at least three more years

performing exercises and assisting in directing the studies of the

younger men. After this time, he could plead in the general courts

at Westminster, but usually carried on law work in the offices of

other men and prepared cases for them. Participating in moots

(practice courts) was an important part of their education.

Lectures on statutes and their histories were given by Readers

Physicians were licensed by universities, by the local bishop, or

in London, by the College of Physicians and Surgeons. Most were

university graduates, and because of the expense of the education,

from well-to-do families. For the B.A., they emphasized Greek. For

the M.A., they studied the works of Greek physicians Claudius

Galen and Hippocrates, and perhaps some medieval authorities.

After the M.A., they listened to lectures by the Regius Professor

of Medicine and saw a few dissections. Three years of study gave

them a M.B., and four more years beyond this the M.D. degree. A

physician's examination of a patient cost 10s. and included asking

him about his symptoms and feelings of pain, looking at this eyes,

looking at his body for spots indicative of certain diseases,

guessing whether he had a fever, feeling his pulse, and examining

urine and stools, though there were no laboratory tests. Smallpox

was quickly recognized. It was treated by red cloth being wrapped

around the person and put up to cover the windows; this promoted

healing without scarring. Gout was frequent. Syphilis was common

in London and other large centers, especially in Court circles. It

was ameliorated by mercury. An imbalance of the four humors:

blood, phlegm, choler, bile was redressed by blood-letting,

searing, draining, and/or purging. Heart trouble was not easily

diagnosed and cancer was not recognized as a life-threatening

disease. Childbirth was attended by physicians if the patient was

well-to-do or the case was serious. Otherwise women were attended

only by midwives. They often died in childbirth, many in their

twenties.

The theory of nutrition was still based on the four humors and

deficiency diseases were not understood as such. Physician William

Harvey, son of a yeoman, discovered the circulation of the blood

from heart to lungs to heart to body about 1617. He had studied

anatomy at Padua on the continent and received an M.D. there and

later at Cambridge. Then he accepted a position at the hospital of

St. Bartholomew to treat the poor who came there at least once a

week for a year. He agreed to give the poor full benefit of his

knowledge, to prescribe only such medicines as should do the poor

good without regard to the pecuniary interest of the apothecary

accompanying him, to take no reward from patients, and to render

account for any negligence on his part. He also dissected animals.

Then he ascertained that the heart was a pump and that the valves

in the veins prevented backflow and he followed the course of the

circulation. The language of medicine became that of physics and

mechanics, e.g. wheels and pulleys, wedges, levers, screws, cords,

canals, cisterns, sieves and strainers. This diminished the

religious concept that the heart was the seat of the soul and that

blood had a spiritual significance and was sacred.

A visit by a physician cost 13s.4d. Melancholia, which made one

always fearful and full of dread, and mania, which made one think

he could do supernatural things, were considered to be types of

madness different from infirmities of the body. Despite a belief

held by some that anatomical investigation of the human body was a

sin against the holy ghost, physicians were allowed to dissect

corpses. So there were anatomy textbooks and anatomy was related

to surgery. Barber-surgeons extracted teeth and performed surgery.

The physicians turned surgery over to the surgeons, who received a

charter in 1605 by which barbers were excluded from all surgical

work except blood-letting and the drawing of teeth. Surgeons dealt

with skin disease, ulcers, hernia, bladder stones, and broken

bones, which they had some skill in setting. They performed

amputations, which were without antiseptics or anesthesia.

Internal operations usually resulted in death. Caesarian section

was attempted, but did not save the life of the mother.

Apprenticeship was the route to becoming a surgeon. A College of

Surgeons was founded. Students learned anatomy, for which they

received the corpses of four executed felons a year.

The apothecaries and grocers received a charter in 1607, but in

1618, the apothecaries were given the sole right to purchase and

sell potions, and to search the shops of grocers and stop the sale

by them of any potions. In London, the apothecaries were looked

over by the College of Physicians to see that they were not

selling evil potions or poisons. In 1618 was the first pharmacy

book.

There were three hospitals in London, two for the poor, and Bedlam

[Bethlehem] Hospital for the insane. Others were treated at home

or in the physician's home.

Theaters were shut down in times of plague to prevent spread of

disease there. Towndwellers who could afford it left to live in

the country.

Shakespeare wrote most of his plays. Most popular reading was

still Bibles, prayer books, psalm books, and devotional works.

Also popular were almanacs, which started with a single sheet of

paper. An almanac usually had a calendar; information on fairs,

roads, and posts; farming hints; popularized scientific knowledge;

historical information; sensational news; astrological

predictions; and later, social, political, and religious comment.

Many households had an almanac. Books tried to reconcile religion

and science and religion and passion or sensuality. Walter

Ralegh's "History of the World", written while he was in prison,

was popular. Ben Johnson wrote poetry and satiric comedies.

Gentlemen read books of manners such as James Cleland's

"Institution of a Young Noble Man (1607). In 1622, the first

regular weekly newspaper was started.

Although there was a large advance in the quality of boys'

education and in literacy, the great majority of the people were

unable to read fluently. Since writing was taught after one could

read fluently, literacy was indicated by the ability to sign one's

name. Almost all gentlemen and professional men were literate.

About half the yeomen and tradesmen and craftsmen were. Only about

15% of husbandmen, laborers, servants, and women were literate.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 42 / 66 段