A statute of 1623 gave rights for adverse possession. It provided

that all writs of formedon [right to land by gift of a tail] in

descender, formedon in remainder, and formedon in reverter for any

manors, lands, tenements, or hereditaments shall be sued within

twenty years, for the quieting of men's estates and avoiding of

suits. In default thereof they shall be excluded from such entry

except children under 21 years, women-covert, non compos mentis,

imprisoned or overseas shall have an additional 10 years after

their disability ceases if the 20 years have expired. The

limitation for bringing actions on the case (except slander),

account, trespass, replevin, debt, detinue for goods and chattels

and the action of trespass, quare clausum fregit [damages for

unlawful entry on land], is within 6 years; for trespass of

assault, battery, wounding, imprisonment is within 4 years; and

for actions upon the case for words is within 2 years.

The trial of Sir Walter Ralegh in 1603 began a call for a right to

confront and question one's accusers. Before trial, privy

counselors who in theory sat as impartial justices, cross-examined

Ralegh in prison. With a carefully selected jury present, the

trial began with reading of the indictment, which Ralegh had not

yet seen. He was charged with treason in plotting with Catholic

Spain to put Arabella Stuart on the throne. Arabella was to write

to Spain promising peace, toleration of Catholics in England, and

direction by Spain in her marriage choice. He pled not guilty and

took no exception to any jurors, stating that he knew them all to

be honest men. Next, Attorney General Edward Coke, his enemy and

rival, and he engaged in a debate about who was right, with Coke

outright bullying him. Coke then produced a signed confession by

Lord Cobham that implicated him in the alleged conspiracy and

accepting 10,000 crowns for his part. Ralegh was given permission

to speak. He said that Cobham had retracted his confession. He

ridiculed the idea that he would betray England to Spain for gold

after fighting against Spain, including risking his life three

times, and spending 4,000 pounds for the defeat of Spain. He

pointed to a treatise he had written to the king on the present

state of Spain and reasons against peace. Then there was a

discussion on the validity of Cobham's confession. Cecil gave an

oration of Ralegh. Coke gave a speech. Ralegh asked to have his

accuser brought before him face to face. He cited law that two

witnesses were necessary for a conviction for treason. Chief

Justice Popham replied that only one witness was necessary under

common law, which applied to his case, and that the trial was

properly by examination of the defendant. Coke added that it would

be improper to call Cobham because he was a party. Then Coke

surprised Ralegh with a letter from Cobham stating that Ralegh had

asked Cobham to procure him an annual pension of 1500 pounds from

Spain for disclosing intelligence. Ralegh acknowledged that a

pension was offered, but denied that he had ever intended to

accept it. He admitted that it was a fault not to inform

authorities of this offer. The jury deliberated for fifteen

minutes and returned with a verdict of guilty. The Chief Justice

delivered the sentence for treason: drawing, hanging,

disembowelling, beheading, and quartering. The whole trial was not

so much to access guilt, but to show the general public that the

person was guilty.

Church courts were revived after a period of disuse. They could

annul an unconsummated or legally invalid marriage (e.g.

consanguinity, impotence, a witnessed precontract to marry) and

order judicial separations in case of adultery, cruelty, or

apostasy. Annuled marriages made a person's children illegitimate.

An action at common law for "criminal conversation" [adultery]

with the plaintiff's spouse or for assault and battery could

result in an order for separation. But only a private statute of

Parliament could grant a divorce, which allowed remarrige. It was

granted in only a few cases and only to the very wealthy. Church

officials spied upon people's conduct to draw them into their

courts and gain more money from the profits of justice.

In 1610, Edward Coke, Chief Justice of the Court of Common Pleas,

decided that the statute giving the Royal College of Physicians

power to imprison and fine those practicing without a license was

invalid and unenforceable because it gave the college half of each

fine awarded, which was a conflict of interest with its role as an

adjudicator. Coke said that a maxim of the common law was that no

man ought to be judge in his own cause. By this decision, he

asserted a court supremacy over Parliament with respect to the

validity of statutes. He opined that the courts should not only be

independent of the Crown, but should act as arbiter of the

Constitution to decide all disputed questions. In his words, "When

an Act of Parliament is against common right and reason, the

common law will control it and adjudge such Act to be void."

Justices still explained and in some degree interpreted

legislative acts of Parliament as they had since the 1500s, but

their right to do so was coming into question and was slowly lost.

Female scolds were still dunked into water as punishment.

Only barristers, who were called to the bar after being in long

residence in one of the Inns of Court, could practice before the

King's court. Attorneys and solicitors prepared cases for

barristers and practiced before minor courts.

The king appointed the justices, with the advice of the

Chancellor. James I often intimidated the justices to see things

his way.

The oath of a justice was: "Well and and truly ye shall serve the

King and his people. And ye shall take no fee or livery of none

but the King, nor gift or reward of none that hath a do before you

except it shall be meat or drink of small value, as long as the

plea hangs before you. And ye shall do equal law and execution of

Right to all the King's subjects rich and poor, without regard to

any person. Ye shall counsel our Sovereign Lord the King in his

need. And ye shall not delay any person of common right for the

letters of the King or of any person or for any other cause ... So

help you God."

The courts of King's Bench and Common Pleas, and the Chancery all

met simultaneously in Westminster Hall. Throngs passed up and down

the middle aisles between the courts, including booksellers,

stationers, scriveners, and vendors of bread and hot meat. The

hall was so cold that people kept on their coats and hats.

The last court case concerning villeinage was in 1618.

- - - Chapter 15 - - -

- The Times: 1625-1642 -

The entourage of Charles I came to be called "Cavaliers". They

were named by their opponents for the Spanish caballero who was a

Catholic who prosecuted Protestants. Their hair had long, curled,

and flowing locks. They wore a broad-rimmed decorated hat. Their

fancy jackets and breeches were loose. Boots were wide and folded

over at the top. Young men wore earrings and painted their faces.

A lady wore her hair in ringlets on each side of her face. Her

dress was fitted at the waist, with a peaked bodice. It was low at

the shoulders with a scoop neckline in front. She often wore much

lace, especially at the neck down to the bust line. Her outer

dress and under-skirt that was revealed in front were full and

made of satin and stiff silk or velvet. Only hose of silk was worn

at court.

A majority of prosperous industrial towns and fee farmers, led

sometimes by lords or old landed gentry were Puritans. They

dressed plainly and in somber colors such as black, grey, and

buff, with no ornamentation except plain white collars and cuffs

of linen rather than of lace. Wool replaced silk and velvet. No

jewelry was worn. The Puritan women also wore long white aprons.

The Puritan men for a time had short-cut hair. The Puritan-

Parliamentarians were given the name "Roundheads" after the crop-

headed London apprentices whose rioting had marked every stage of

the conflict between king and Parliament. The Puritan women

smoothed their hair back into little knobs and covered their hair

and head with a white covering. Both Puritan men and women wore

broad-rimed hats and plain shoes. The ordinary country man wore a

felt hat, broadcloth coat, woolen trousers, hand-knitted worsted

stockings, and plain, strong shoes.

Nine-tenths of the people were Protestant. Religion was a favorite

and serious topic of discussion, even among the illiterate. On the

whole, they were more inclined to salvation by grace than to

salvation by good works. Popular reading included guides for good

manners such as "The Rich Cabinet" by Thomas Gainsford, and

"Youths Behavior" translated from the French by Francis Hawkins.

It advised not to sit with one leg on the other, but with the feet

even; not to spit on one's fingers; and not to sniffle in the

sight of others. Books for ladies such as "Delights for Ladies" by

Hugh Platt told them how to adorn themselves, tables, closets, and

distillatories with beauties, banquets, perfumes, and waters. It

taught preserving and comfit making, cooking, and housewifery.

Gervase Markham wrote advice for men in "Hobsons Horse-load of

Letters", which addressed serious negotiations, private

businesses, amorous accomplishment, wanton merriment, and the

defense of honor and reputation. "A Helpe to Discourse" by W.B.

and E.P. primed a man to meet company with suggested questions and

answers, epigrams, riddles, and jests. In Henry Peacham's "The

Compleat Gentleman" (1622), the model Cavalier is portrayed in

terms of horsemanship, tilting, sports, choice of companions,

reserved and dignified conduct, good scholarship, and

responsibility. This popular book was a guide to university, where

there was a seven year course of classroom lectures. It advised

conversation with men of the soundest reputation for religion,

life, and learning, but recreation with those of the same rank and

quality. First place was to be given to religion, so that the

foundation of all studies would be the service of God. Following

in importance were: speaking and writing in English or Latin

(grammar, syntax, and rhetoric), astronomy, astrology, geography

(whose authorities were Pliny, Strabo, and the pagan writers of

the first century), chorography, mathematics, including arithmetic

and geometry, poetry (reading, writing, and criticizing), music,

including part-music, drawing, limning, painting, art history,

exercise (riding, running, leaping, tilting, throwing, wrestling,

swimming, shooting, and falconry), logic and disputation if

related to one's intended profession such as the law, philosophy

(Plato and Aristotle), and some medicine and botany.

The Flemish Johann Baptista van Helmont demonstrated that metals

dissolved in acid can be recovered through chemical means and

enunciated the doctrine that each thing in nature has its own

specific organization.

Richard Brathwaite's "The English Gentleman" portrays the sombre

Puritan who accepts the gospel of work. He is a staid and serious

businessman. "Matrimonial Honour" by Daniel Rogers opined that for

success, a marriage must be godly, with the parties equally

religious, worshipping together in private and in public. A hasty

or worldly marriage would bring repentance. The spouses should

agree, but keep to their spheres. Children should not be spoiled.

Large households were more or less self-supporting and were

managed by their ladies. Work included ordering wool, hemp, and

flax; making cloth and dying it; dairy work; brewing; malting;

baking; preserving wines; extracting oils; distilling perfume; and

putting on banquets. Couches were coming into use in parlors.

The king and his court entourage settled for most of the year in

Whitehall instead of travelling around the country. The king let

the public into Hyde Park for recreation. The City of London and

Westminster were still separate, but a mass of hovels was

springing up in between them. The water carrier was still active

and the night transport of sewage necessary. In certain areas

there lived in crowded houses, those wanted for minor offenses,

small thefts, and debt. Bailiffs did not dare venture into them

because the inhabitants hid and defended each other unless the

offense was a major one. The penalty for stealing even small sums

was still death.

Indigo Jones was the first architect of consequence. He had

studied in Italy and designed and built the Banqueting House at

Whitehall in London in 1622. It had classical proportions and nice

shaping and dressing in stone. He was now an arbiter of taste for

the King Charles and his Queen and built many structures for them,

including the Queen's Chapel at St. James Palace and her bedroom

in the Queen's Hose in Greenwich. All over London and the country

he and his pupils built many classical buildings, including

houses, churches, stables, lodgings, out-buildings, staircases,

galleries, watergates, and archways. They stood in stark contrast

to the Tudor buildings around them. In the 1632, Jones started

town-planning in London with Covent Garden fruit and vegetable

market with terraced houses around a central piazza surrounded by

open arcades with a Tuscan church at one end. In 1634, a man from

the suburb of Hackney introduced a line of coaches rented at 1s.

per hour. They soon became very popular.

A large part of England was rebuilt as yeomen expanded their

houses and others lower in rank replaced mud and wood hovels with

brick and stone cottages. A separate kitchen appeared. The ground

floors are boarded over to create bedrooms. Permanent stairs

replace ladders. Glass appears in windows. Glass and crockery

replace wood and pewter, Chairs replace benches. Knives and forks

become common.

About 1640 began travel between towns by covered wagons called

stage coaches. They carried passengers and goods and stopped at

inns for stabling and repairs.

Work was begun in 1630 to make canals that would make waters run

to the sea. Barges on canals were the most efficient mode of

transportation. A barge could carry 50 tons on a canal and only 30

on a river. A single horse could haul a wagon on iron rails with 8

tons, on a soft road with 8 tons, and on his back 1/8 of a ton.

Real wages, which had been falling, reached their low point and

the gap between the poor and others widened. There were

depressions from 1629-32 and from 1636 to about 1640, which called

for Royal proclamations for the relief and distress, especially

among the poor. The Book of Orders, for the relief of distress in

earlier reigns, was to be reissued. The assize of beer and bread

maintaining quality, prices, weights, and measures, was to be duly

kept. Hoarding of foodstuffs was to be punished. Fish days and

lent were to be observed to maintain the fishers. Abstaining from

suppers on Fridays and on the eves of feasts was ordered in all

taverns and commended to private families. City corporations were

to give up their usual feasts and half the charge given to the

poor. Foreign ships were not to be victualled for long voyages.

The revised Book of Orders also covered the regulation of beggary,

the binding of apprentices, and the general relief of the poor.

All magistrates were to enforce the rules and raise special rates

from all the parishes, the richer of these to help the poorer.

A new trend of spring-sown crops led to better crop balance and

reduced the risks of scarcity in a bad year. But the economy was

still volatile.

There were riots in London in 1640-1 from a complete breakdown in

political consensus, the factions being the Royalist City elite

versus the middling and lesser merchants and craftsmen.

In 1631, the clock makers broke away from the control of the

Blacksmiths. The gunmakers also broke away from the Blacksmiths.

The tinplate workers broke away from the Ironmongers.

"Searching" for bad cloth became more difficult as the industry

became more diversified. For instance, a new machine called a gig-

mill did the work of many hand finishers. In 1633, Charles issued

a commission for the reformation of the cloth industry with minute

directions for the manufacture of cloth. But there were many

disagreements over the details of manufacture and reform was

difficult to enforce.

By the 1630s, many parishes had a resident intellectual for the

first time. The parish priests came from gentry, upper yeomanry,

urban tradesmen and clerical families. They were educated and

highly learned. They had libraries and were in touch with

contemporary religious debates. They saw their role primarily as

pastoral care. Many wanted to improve the religious knowledge and

moral conduct of their parishioners. Puritan influence deepened as

they forbade dancing, games, minstrels, and festivals. They

punished superstitious conduct. They initiated prosecutions in

church courts for sexual lapses and drunkenness. The church court

had little coercive power and its punishments were restricted to

penance or excommunication. Many Puritan sects espoused equality

for women. By the 1640s women were preachers, e.g. in the Baptist

and Anabaptist religions and, until 1660, prophetesses. These

sects were mostly composed of the lower echelons of society.

The poor people did not respond to sermons as did the well-to-do.

Nor were they as involved in church activity, attending church

only for marriages, baptisms, and funerals.

Charles I not only believed in the divine right of kings and was

authoritarian; he was the ultimate autocrat. He had an unalterable

conviction that he was superior to other men, who were

insignificant and privileged to revolve around him. He issued

directives to reverse jury verdicts. Parliamentarians Oliver

Cromwell and other educated men opposed this view. The Commons

voted not to grant Charles the usual custom-dues for life, making

it instead renewable each year, conditioned on the king's

behavior. Charles dissolved Parliament before this passed. He

continued to take tonnage and poundage.

He wanted money for war so he imposed many taxes, but without the

consent of Parliament. They included many of which had fallen into

disuse. He imposed a compulsory "loan" on private individuals,

which the courts held was illegal, and imprisoned, those who

refused. Bail was denied to these men. Simpler people who refused

were threatened with impressment into the Navy, which included

being landed on shore to fight as marines and soldiers. They

sought to revive the old writ of habeas corpus [produce the body]

to get released, but to no avail. The old writ had been just to

bring to court those persons needed for proceedings, but Coke in

1614 had cited the writ with a new meaning "to have the body

together with the cause of detention". Charles billeted unpaid and

unruly soldiers in private homes, which they plundered. It was

customary to quarter them in inns and public houses at royal

expense. Martial law was declared and soldiers were executed. But

the citizens did not want martial law either.

The Magna Carta got attention as a protector of basic liberties.

Both attorneys and laymen read "The Pastyme of People" written by

John Rastell in 1529, which described the history of the Magna

Carta from 1215 to 1225. Also read was the "Great Abridgment" of

the English law written by Rastell in 1527, and Coke's volume of

his Institutes which dealt with the Magna Carta, which the Crown

took to prevent being published until 1642, when Parliament

allowed it. Broad-scale pamphleteering turned England into a

school of political discussion. Oxford University favored the

established church and Cambridge University was Puritan.

The estates of the members of the House of Commons were three

times the extent of the members' of the House of Lords. Bishops'

estates had diminished considerably because of secularization. The

members of the House of Commons were elected by the people. For

these reasons, the House of Commons asserted a preeminence to the

House of Lords.

The House of Commons drew up a Petition of Right in 1627, which

expanded upon the principles of Magna Carta and sought to fix

definite bounds between royal power and the power of the law. It

protested the loans compelled under pain of imprisonment and

stated that no tax or the like should be exacted without the

common consent of Parliament. It quoted previous law that "...no

freeman may be taken or imprisoned, or be disseised of his

freeholds or liberties, or his free customs, or be outlawed or

exiled; or in any manner destroyed, but by the lawful judgment of

his peers, or by the law of the land" and that "...no man of what

estate or condition that he be, should be put out of his land or

tenements, nor taken, nor imprisoned nor disinherited, nor put to

death without being brought to answer by due process of law". It

continued that "... divers of your subjects have of late been

imprisoned without any cause showed; and when for their

deliverance they were brought before your Justices by your

Majesty's writs of Habeas Corpus, there to undergo and receive as

the court should order, and their keepers commanded to certify the

causes of their detainer, no cause was certified, but that they

were detained by your Majesty's special command, signified by the

Lords of your Privy Council, and yet were returned back to several

prisons, without being charged with anything to which they might

make answer according to the law." It also protested the billeting

of soldiers in private houses and martial law trying soldiers and

sailors. If these terms were agreed to by the King, he was to be

given a good sum of money. Since he needed the money, he yielded.

He expected tonnage and poundage for the Navy for life, as was the

custom. But he got it only for one year, to be renewable yearly.

The King agreed to the petition, quietly putting his narrow

interpretation on it, and it was put into the statute book.

In 1629 Parliament distinguished between treason to the king and

treason to the Commonwealth.

The Chief Justice held in 1638 that acts of Parliament to take

away the King's royal power in the defense of his kingdom were

void; the king may command his subjects, their persons, their

goods, and their money and acts of Parliament make no difference.

But the people refused to pay these taxes.

Charles thought of more ways to obtain money and disregarded his

agreement to the Petition of Right.

Without the consent of Parliament, he extended ship money to all

the kingdom instead of just the ports. It was used to outfit ships

for the protection of the coasts. Hampden refused to pay it on

principle and the courts ruled against him in the case of King v.

John Hampden and he was sent to prison. When distraints were

tried, the common people used violence to prevent them. The

bailiffs were pelted with rocks when they came to distrain. One

man used his pitchfork to take back his steer being taken by the

bailiff. If distraint were successful, people would refuse to buy

the distrained property of their neighbors.

Charles revived the right of the Crown to force knighthood on the

landed gentry for a fee.

Charles sold monopolies in such goods as soap, leather, salt,

wine, coal, and linen rags although they had been abolished in the

last Parliament of James. This made employment uncertain for

workers and prices high for the public, and put masters in danger

of loss of capital.

Fines were levied on people for the redress of defects in their

title deeds. Crown forest boundaries were arbitrarily extended and

landowners near Crown forests were heavily fined for their

encroachments on them. Money was extorted from London by an

illegal proclamation by which every house had to pay three years'

rental to the Crown to save itself from demolition.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 45 / 66 段