The royal postal system carried private as well as royal letters,

to increase income to the Crown. Postmasters got regular pay for

handling without charge the mail of letters that came from or went

to the letter office in London. The postmaster kept horses which

he let, with horn and guide, to persons riding "in post" at 3d.

per mile. The post was to travel 7 mph in summer and 5 mph in

winter and sound his horn four times in every mile or whenever he

met travelers.

Wool and animals for butchering were sold in London with the

sellers' agent in London taking the proceeds and paying out to

their order, the origin of check writing.

Scriveners drew up legal documents, arranged mortgages, handled

property transactions, and put borrowers in touch with lenders.

They and the goldsmiths and merchants developed promissory notes,

checks, and private paper money.

The influx of silver from the New World was a major factor in the

second great inflation in England and in the devaluation of money

to about one third of what it had been. Also contributing to the

inflation was an outracing of demand over supply, and a debasement

of the coinage. This inflation benefited tenants to the detriment

of their lords because their rents could not be adjusted upward.

There was an increase in bankruptcies.

The Elizabethan love of madrigal playing gradually gave way to a

taste for instrumental music, including organs and flutes. The

violin was introduced and popular with all classes. Ballads were

sung, such as "Barbary Allen", about a young man who died for love

of her, after which she died of sorrow. When they were buried next

to each other, a rose from his grave grew around a briar from her

grave. The ballad "Geordie" relates a story of a man hanged for

stealing and selling sixteen of the king's royal deer. The ballad

"Matty Groves" is about a great Lord's fair young bride seducing a

lad, who was then killed by the Lord. In the ballad "Henry

Martin", the youngest man of three brothers is chosen by lot to

turn pirate to support his brothers. When his pirate ship tries to

take a merchant ship, there is sea fight in which the merchant

ship sinks and her men drown. The ballad "The Trees They Do Grow

High" tells of an arranged marriage between a 24 year old woman

and the 14 year old son of a great lord. She tied blue ribbons on

his head when he went to college to let the maidens know that he

was married. But he died at age 16, after having sired a son.

May Day was a holiday with dancing around a Maypole and people

dressed up as characters such as Queen of the May, Robin Hood,

Little John, Friar Tuck, Maid Marion, the fool, and the piper. New

Year's Day was changed to January 1st.

Golf was played in Scotland, and James introduced it into England.

James I was the last monarch to engage in falconry.

Francis Bacon wrote the "Advancement of Learning" and "Novum

Organum" (New Learning) in which he encouraged the use of the

inductive method to find out scientific truths and also truths in

general, that is reasoning from a sample to the whole. According

to him, the only way to arrive at the truth was to observe and

determine the correlations of facts. He advocated a process of

elimination of ideas. His "New Learning" showed the way out of the

scholastic method and reverence for dogma into the experimental

method. He wrote "Natural and Experimental History". He also

studied the effect of cold in preventing animal putrefaction.

Galileo Galilei, professor of mathematics at the University of

Padua in Italy, conducted experiments, e.g. throwing objects off

the tower of Pisa in 1590 to show that all, whether light or

heavy, fall at the same rate. This disproved the widely held

theory that heavier objects fall faster than light objects. He

proved that the force of gravity has the same effect on all

objects regardless of their size or weight. His law stated that

the speed of their descent increases uniformly with the time of

the fall, i.e. speed = gravity times time. Galileo determined that

a pendulum, such as a hanging lamp, swings back and forth in equal

intervals of time. For this he measured time with water running

out of a vessel. Also, the rate of oscillation varies inversely as

the square of their cord length, regardless of material or weight.

From his observation that an object sliding along a plane slows

down at a decreasing rate and travels increasingly farther as the

surfaces become smoother and more lubricated, he opined that the

natural state of a body in motion is to stay in motion, and that

it is slowed down by a force: friction. He conceived of the air

offering a resistant force to an object in motion. He expanded on

Aristotle's idea of an object in a state of rest or of uniform

motion in a straight line, so that the former is just a special

case of the latter. He opined that bodies at rest stay at rest and

bodies in motion stay in uniform motion, unless and until acted

upon by some force. So motion need not be explained by the

continuing force of a prime mover. He drew a graph of distance

versus time for the rolling ball, which indicated that the

distance traveled was a square of the time elapsed. He realized

that the movement of a projectile involved a horizontal and a

vertical component and guessed that the effects of falling were

independent of the horizontal motion. He demonstrated that a

projectile follows a path of a parabola, instead of a straight

line, and that it too descends a distance which is the square of

the time taken to fall. That is, a thrown object will strike the

ground in the same amount of time as an object simply dropped from

the same height.

The telescope was invented in 1608. The next year, Galileo built a

greatly improved telescope using a lens to look at the skies. He

observed that the surface of the moon had mountains, valleys, and

craters much like the earth, and was illuminated by reflected

light. He noticed that the planet Jupiter has moons orbiting it.

He noted that the planet Venus progresses through phases similar

to those of the moon orbiting the earth and that it was very large

with a crescent shape or very small with a round shape. This

apparent change in size could only be explained if Venus revolved

around the sun, rather than around the earth. Thus more credence

was given to the Copernican theory that the earth and all planets

revolve around the sun, so Galileo was denounced by the church. He

argued against a literal interpretation of the Bible. His

observation that certain sun spots were on certain locations of

the sun but changed over time suggested that the sun might be

rotating. He observed that when air was withdrawn by a suction

pump from the top of a long glass tube whose lower open end was

submerged in a pan of water, the water rose to a height of 34 feet

and no higher. He had demonstrated that there was such a thing as

a vacuum, which was above the level of the water. About 1600,

Galileo invented the first thermometer by heating air at the top

of a tube whose open end was in a bowl of water; as the top end

cooled, the air contracted and water rose partway up the tube; the

column of water rose or fell with every change of temperature.

Galileo invented the compound refracting microscope, which used

more than one lens, about 1612.

Galileo's book on the arguments for and against the Copernican

theory was unexpectedly popular when published in 1632. The

general public was so persuaded by the arguments that the earth

revolved around the sun that Papal authority felt threatened. So

Galileo was tried and convicted of heresy and sentenced to prison

as an example to others who might question church doctrine, even

though the seventy year old Galileo recanted and some of the

inquisition judges who convicted him believed the Copernican

theory and their decision did not assert the contrary.

John Napier, a large Calvinist landholder in Scotland who had

built his own castle, did mathematics in his older years. He

explored imaginary numbers such as the square roots of negative

numbers. By 1614, he had started and developed the theory of

logarithms: the relationships among positive and negative

exponents of numbers. This simplified calculations because the

multiplication and division of numbers would be equivalent to

addition and subtraction of their exponents. His table of

logarithms, which took him twenty years to compile, was used in

trigonometry, navigation, and astronomy. It reduced the enormous

labor involved in trigonometric calculations.

Johannes Kepler was a mathematician from Germany who made his

living as an astrologer. He was in contact with Galileo by letter,

as most scientists of Europe were with each other. Kepler was

fascinated with perfect geometric shapes, which he tried to relate

to celestial phenomenon. He discerned that the orbit of Mars was

not perfectly circular. He knew that the apparent path of the sun

with respect to the constellation of fixed stars differed in speed

at different times of the year. He opined that this showed that

the speed of the earth revolving around the sun varied according

to the time of year. Then he measured the angles between the earth

and the sun and the earth and Mars as they changed through the

Martian year. He noted when the earth, Mars, and the Sun were on

the same straight line. Then he deduced the earth's true orbit,

and from this the true orbits of the other planets. Then by trial

and error, he attempted to match this empirical data with regular

mathematically defined shapes, until he discovered in 1609 that

these paths were elliptical. Also, the planets each move faster

when they are nearer the sun and more slowly when they are farther

from the sun so that in equal time intervals, a line from the

planet to the sun will sweep out equal areas. This observation led

him to opine that there is a force between the sun and each

planet, and that this force is the same as that which keeps the

moon in its orbit around the earth. Thirdly, in 1619, he found

that the square of the time for each planet's orbit about the sun

is proportional to the cube of that planet's mean distance from

the sun, so that the farther planets orbit at a slower speed. He

connected the earth's tides with the gravitational pull of the

moon. Kepler also confirmed that the paths of comets were governed

by a law and were farther from the earth from the moon. This

contradicted the church's explanation that what lies within the

moon's orbit pertains to the earth and is essentially transitory

and evil, while what lies beyond belongs to the heavens and is

permanent and pure.

In 1637, Renee Descartes, a philosopher, mathematician, and

scientist from France, invented analytic [Cartesian] geometry, in

which lines and geometric shapes can be described by algebraic

equations and vice-versa. An algebraic equation with two unknowns,

or variables, could be represented as a shape on a coordinate

system in which each point is represented by a pair of numbers

representing distances from the two axis lines. He started the

convention of representing unknown quantities by x, y, and z and

known quantities by a, b, and c. So, for instance, a circle with

center at point 2,3 and a radius of 4 was represented by the

equation: (x-2) squared + (y-3) squared = 4. All conic sections,

e.g. ellipses, parabolas, and hyperbolas, could be represented by

equations. Analytic geometry aided in making good lenses for

eyeglasses. The glass was first manufactured with attention to

quality. Then, after it cooled and solidified, the clearest pieces

were picked and their surfaces ground into the proper curvature.

Descartes pioneered the standard exponential notation for cubes

and higher powers of numbers. He formulated the sine-law of

refraction, which determines in general the way a light ray is

deflected, according to the density of the media through which it

passes. This explained why a rainbow is circular. In 1644, he

described the universe in terms of matter and motion and suggested

that there were universal laws and an evolutionary explanation for

such. He opined that all effects in nature could be explained by

spatial extension and motion laws that 1) each part of matter

retains the shape, size, motion, or rest unless collision with

another part occurs; 2) one part of matter can only gain as much

motion through collision as is lost by the part colliding with it;

and 3) motion tends to be rectilinear. These ideas did not

correlate with the Biblical notion of the creation of the universe

by God in seven days, so Descartes feared persecution by the

church. Descartes believed in a good and perfect God, and thought

of the world as divided into matter and spirit. The human mind was

spirit and could exist outside the human body. The human mind had

knowledge without sense experience, e.g. the truths of mathematics

and physics. Ideas and imagination were innate. His observation

that sensory appearances are often misleading, such as in dreams

or hallucinations, led him to the conclusion that he could only

conclude that: "I think, therefore I am." He rejected the doctrine

that things had a proper behavior according to their natures, e.g.

the nature of acorns is to develop into oak trees. As an example

of erroneous forming of conceptions of substance with our senses

alone, he pointed out that honeycomb has a certain taste, scent,

and texture, but if exposed to fire, it loses all these forms and

assumes others. He expressed that it was error to believe that

there are no bodies around us except those perceivable by our

senses. He was a strong proponent of the deductive method of

finding truths, e.g. arguing logically from a very few self-

evident principles, known by intuition, to determine the nature

of the universe.

Christian Huygens, a Dutch physicist, used the melting and the

boiling point of water as fixed points in a scale of measurements,

which first gave definiteness to thermometric tests.

In 1600 William Gilbert, son of a gentleman, and physician to

Queen Elizabeth, wrote a book on terrestrial magnetism which

founded the science of electricity. He cultivated the method of

experiment and of inductive reasoning from observation and

insisted on the need for a search for knowledge not in books but

in things themselves. He showed that the earth was a great magnet

with a north pole and a south pole, by comparing it to loadstones

made into spheres in which a north and south pole could be found

by intersecting lines of magnetism indicated by a needle on the

stone. The vertical dip of the needle was explained by the

magnetic attraction of the north pole. He showed how a loadstone's

declination could be used to determine latitude at sea. He showed

how the charge of a body could be retained some time by covering

the body with some non-conducting substance, such as silk. He

distinguished magnetism from electricity, giving the latter its

name. He discovered that atmospheric conditions affected the

production of electricity, dryness decreasing it, and moisture

increasing it. He expounded the idea of Copernicus that the earth

revolves around the sun in a solar system. However, the prevailing

belief was still that the earth was at the center of the universe.

There was much mining of coal, tin, copper, lead, and iron in the

1600s. Coal was transported from the coal pits down to the rivers

to be loaded onto ships on coal wagons riding on wooden rails. The

full coal cars could then be sent down by gravity and the empty

wagons pulled up by horses. Sheet metal, e.g. lead, was used for

roofing. Coal was much used for heating houses, and for laundry,

cooking, and industrial use, such as extraction of salt, soap

boilers, and manufacture of glass, bricks and tiles for buildings,

anchors for ships, and tobacco pipes. It was used in the trades:

bakers, confectioners, brewers, dyers, sugar refiners, coopers,

starch makers, copper workers, alum makers, and iron workers.

In 1604 the Haberdashers, who sold imported felt for hats, got a

charter of incorporation.

A tapestry factory was established in 1619.

Flax-working machines came into existence.

As Attorney General, Edward Coke was impassioned and melodramatic.

He once described the parts of the penalty of treason as follows:

being drawn to the place of execution reflected the person's not

being worthy any more to tread upon the face of the earth; being

drawn backward at a horse tail was due to his retrograde nature;

being drawn head downward on the ground indicated that he was

unfit to breathe the common air; being hanged by the neck between

heaven and earth indicated that he was unworthy of either; being

cut down alive and his privy parts cut off and burnt before his

face indicated he was unworthily begotten and unfit to leave any

generation after him; having his bowels and inners taken out and

burnt indicated he had inwardly conceived and harbored such

horrible treason; his head cut off, which had imagined the

treason, and his body to be quartered and the quarters set up to

the view and detestation of men a prey for the fowls of the air.

Coke was subsequently elevated to the position of Chief of Common

Pleas and then to Chief of the King's Bench. But there Coke

propounded a doctrine of the supremacy of the law over the king as

well as over Parliament. For instance, Coke would not agree to

stay any case in which the king had a concern in power or profit,

to consult with him. But the other eleven justices did agree.

Since James I believed in the divine right of kings, he therefore

dismissed Coke from his position as Chief Justice of the King's

Bench. James even believed that he could suspend any law for

reasons known only to him and issue proclamations that were not

limited to the reinforcement of old laws, but made new offenses

with punishment of fine and/or imprisonment.

Coke then became a member of Parliament and led the Commons, where

he exalted the authority of Parliament vis a vis the king; that

is, the king could not make any changes in law, religion, or

taxation without consent of Parliament. James arrested Coke and

two other members of the Commons and put its leader John Pym under

house arrest for their outspoken opinions against the King's

intended alliance with Catholic Spain and intended taking of a

Spanish wife. Because of the deadlock that developed between the

king and Parliament, certain matters could not be addressed by

legislation and were left to be decided judicially. This made

judicial review important.

James vastly increased the number of peerages, selling many, for

example for 10,000 pounds. Since there was a tacit understanding

that members of Parliament would not accept remuneration, this

restricted eligibility for membership to the rich. The House of

Commons was composed mostly of attorneys, merchants from the large

towns, and country gentlemen. The gentry members had 600 pounds

[12,000s] annual income from land and the burgess members had 300

pounds [6,000s.] In addition to the two knights from every county

(elected by men holding at least forty-shilling freeholds), four

representatives from London, and one or two from every other

borough (generally elected by the top business families), there

was a representative from each of the two universities. For

Speaker, they always chose someone suggested to them by the Crown.

He decided who would talk and could hasten or delay bills, usually

for the benefit of the Crown. The Clerk, a lifetime appointment of

the Crown, wrote out the bills and their amendments and kept track

of proceedings. Many in the Commons were Puritan in sympathy. In

1607, the House of Commons developed a committee system to avoid

being presided over by the royally designated speaker. A committee

could consist of all the members of the House of Commons with an

elected chairman. An increasing number of issues were discussed in

committee before coming to the Commons and the Commons came to

ratify readily what had been done in committee.

By 1610, there had developed in the House of Commons an opposition

to feudal tenures, purveyance, wardships, and impositions (special

import and export duties on aliens set by the king without the

consent of Parliament that were supposed to be for the purpose of

regulating trade instead of for revenue). There was also a call

for free speech and an end to the King's habit at the end of

Parliament of imprisoning for a time those who had been too

outspoken. The Commons also asserted itself into foreign affairs

by expressing an opinion against a treaty proposed by the king on

which war could ensue. The treaty was abandoned. In London,

organized groups such as the apothecaries, the skinners, and the

grocers, were circulating printed statements of their cases to

members of committees of the House of Commons rather than just

seeking out a friendly Privy Council member. In 1621, the protests

made to committeemen about monopolies sold by James frightened him

into canceling many of them. He had made many grants against

competition in violation of law. The right of the Commons to expel

a member was asserted by the expulsion of a monopolist. By 1629,

the speeches of prominent members and the course of proceedings

were copied by stationers and sold in a weekly news report.

The King's Privy Council dealt constantly with foreign affairs,

and also with the great companies, and problems arising such as

gold leaving the country, the Dutch ships increased efficiency in

transporting goods, the declining market for English cloth,

strikes in the mining industry, decaying harbor works, the quality

of food and drink, the wrongs done to the poor, and above all, the

general peace and order. They formed commissions to study

situations and sent orders to Justices of the Peace on methods to

address certain problems and to Sheriffs to carry out certain

acts. About 1618, a group within the Privy Council began to

concentrate on foreign affairs, especially "cabinet counsels",

that is, with secret matters. James sold high offices of state to

supplement his income. His income from customs had increased so

much that it was now three times that from Crown lands.

The Sheriff looked after Crown lands and revenues in his county.

He gathered the rents, the annuities, the stray animals, the

deodands, the fees due to the King, the goods of felons and

traitors. He was still a means of communication between the Privy

Council and the county. He announced new statutes of Parliament

and proclamations by the king at the county courts and in the

markets. He used posse comitatus to disperse riots. He was the

functionary of the assize court, impaneling its juries, bringing

accused men before it, and carrying out its penalties. He carried

out elections of members of the House of Commons.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 43 / 66 段