No goods are to be imported from America, Asia, or Africa except

in English ships or forfeit all goods and the ship, one half of

which goes to the one who seizes the goods and prosecutes. None

may be imported from Europe except in English ships or ships from

the country of origin of the goods. No salt fish may be imported

or exported but in English vessels.

There is a 10 pound reward for discovery of highwaymen and

burglars or persons who break and enter into houses and there use

violence.

No cart or wagon or carriage on the road may be drawn by more than

five horses or six oxen and a horse except for military vehicles.

Notice of intended marriages shall be published once a week for

three weeks in a public meeting place called church or a public

market place next to church. Exceptions to the marriage shall be

noted by the Register and considered by the Justice of the Peace

before the marriage is performed. The words used shall be:

"...promise to be unto thee a loving and faithful husband..." and

"promise to be unto thee a loving, faithful, and obedient

wife...".

There shall be no cock-fighting because it disturbs the peace and

usually is accompanied by gaming, drinking, swearing, and

quarreling.

Anyone challenging or accepting a challenge to duel shall be

imprisoned for six months without bail, and must acquire two

sureties for a year. Anyone fighting a duel in which death ensues,

shall be banished for life.

Horse races were forbidden in 1654 for six months to discourage

mischievous plots and designs by enemies of the state. The penalty

was forfeiting the horse. Attendees were to be brought to justice.

As of 1657, a house or building built within ten miles of the

walls of the City of London not having at least four acres had to

pay a fine of one year's rent. All houses within London or

Westminster or the suburbs must be brick or stone, and built

straight up without protruding into the street or forfeit 100

pounds.

As of 1657 persons living extravagantly without visible estate or

calling may be made by Justices of the Peace to acquire sureties

for good behavior or go to gaol. They would also be sent to the

house of correction to work for three months for the first offense

and for a time specified by the Justice of the Peace for the

second offense.

Anyone winning at betting or playing at cards, dice, tennis, and

horse races shall forfeit double his winnings.

Excluded from pardon were buggery with man [sodomy] or animal

[bestiality], carnal ravishment of women, and bigamy.

Drunkenness was much punished.

Husbands were responsible for their wives' oaths and fathers for

their daughters'.

- Judicial Procedure -

The Protector is the supreme magistrate of the Commonwealth, with

power to pardon all crimes, except murder and treason.

Parliament was no longer a court.

Use of the torture was proscribed in 1649.

In 1652, the justices were given a salary of 1,000 pounds and

forbidden to take fees or rewards. They also got tenure, thus

freeing them from government pressure. Now civil justice was

honestly dispensed and justices were learned and honest.

The jurisdiction of Admiralty court was defined to include: ships

and vessels with tackle, apparel and furniture thereof; repairing,

victualling, and furnishing provisions of ships and vessels for

sea; all cases of bottomry [ship-owner indemnified if the vessel

were lost, but paid over a substantial share of the profits if it

reached its destination safely], contracts beyond the seas

concerning shipping or navigation; charter, parties, contracts for

freight; bills of lading; mariners wages; damage of goods on board

ships; and damage by one ship to another including by anchors or

want of laying buoys. It did not include contracts between

merchants.

- - - Chapter 17 - - -

- Times: 1660-1702 -

The monarchy was restored and Charles II came to the throne. The

episcopacy of the bishops and the Book of Common Prayer were

restored. This book retained all its ceremonies, despite

opposition by the Presbyterians. The confiscated Royalist, church,

and Crown lands were ordered to be restored, and most were.

Charles II was presented with the traditional rights of choosing

his own Privy Council, ministers of state, and justices; making

foreign policy; controlling the armed forces; and approving

statutes. He was also presented with the power to call and dismiss

Parliament, but later, in 1694, a statute required that Parliament

be held at least once every three years, to avoid royal schemes of

non-parliamentary government. The House of Lords was reestablished

and there were again bishops in it, though fewer than before

(about 1/8 instead of about 1/3). There were 160 peers for the

next century. The House of Commons was elected in the usual way,

but without a king's writ. The Commons was composed mostly of

royalist established church members. Its leaders were important

members of the King's Privy Council.

The feudal tenures of the crown, such as knights' service, were

converted into free socage. They were discharged of homage,

reliefs, escuage, and aids. Charles relinquished purveyance,

wardships, and forfeitures of marriage. In return, Parliament

granted him a fixed yearly income of 100,000 pounds from excise

tax on beer, cider, and tea.

Several hundreds of dissenter ministers and school teachers were

ejected, but later those who were not Baptists were returned by

statute of Parliament. (Baptists did not believe in an established

church.)

Charles II was an easygoing and kindly man and hard to ruffle. He

had a weariness in the folly of men and a cynical disbelief in

human virtue. His wit and great sense of humor softened many a

potentially tense situation. His restoration to the throne brought

in a time of enjoyment of life in reaction to the Puritanism of

before. At his succession, the elected Parliament was oriented

toward royalty and the established church. He was voted an income

of 1,200,000 pounds a year. He also sold many of the last crown

lands. But he always had great debts, which he described as a

"desperate but not serious" situation. This was in part due to his

generous maintenance of several successive mistresses and more

than about a dozen illegitimate children. His entourage also

included physicians, surgeons, a librarian, a poet laureate,

chaplains, painters, an historiographer, musicians, a royal

composer, and an astronomer. Charles even joked on his deathbed

that "I am sorry gentlemen, for being such an unconscionable time

a-dying."

The day of Charles II's restoration and birthday was designated as

a day of thanksgiving when all were to participate in prayers and

the singing of psalms at some church or other suitable public

place.

Charles initiated the return of Sunday afternoon wrestling,

archery, music, and dancing. Theaters reopened with actresses

playing women's parts, an audience only in front of the stage

instead of around it, a drop curtain, and painted two-dimensional

scenery. Actresses were allowed pursuant to royal proclamation so

that plays should become "useful and instructive representations

of human life" rather than "harmless delights". Charles went to

plays regularly. Actresses were assumed to be mistresses of

patrons in return for their jobs, but one fourth were actually

chaste women married to actors. Comedies were the preferred plays.

Courtesans were sympathetically and even admirably treated in

plays, which mocked all restraints and glorified immorality with

the exception of pornography, which was banned. Bad actors were

hissed off the stage. Henry Purcell wrote religious music for

churches, ceremonial music for the English court, and theater

music for English opera. Opera made music a vehicle for human

emotions. The gentry sang to the lute and danced to string

instruments. Many owned and played musical instruments. Humble

people had folksongs and instruments like the pipe and tabor for

dancing. Singing in parts was popular in town and country. In 1672

John Banister started the first regular series of public concerts

in his house. There were lovely formal gardens in which to walk,

to see fireworks, and to buy the new ice cream. Charles did much

garden and park planning and let the public enjoy the royal St.

James Park. He loved hunting too and had the royal forests

replenished with deer after poaching during the Cromwell era had

greatly reduced their numbers.

Charles II introduced sailing and yacht racing for pleasure. He

also participated in and promoted horse racing. The breeding of

thoroughbred horses began with breeding to Arab mares. Gelding

horses were now preferred over stallions. There were trotters,

cart horses, and some "fast" race horses. Boxing (with no gloves

nor ring) was a national sport. Ice skating with iron blades was

popular. Valentine's day was celebrated. Italian puppet shows

played in London.

Dress returned to elaborateness. Gentlemen wore Cavalier-style

long wigs with curls, despite the church's dislike of wigs. This

could hide the short hair of a former Puritan Roundhead. In 1666,

Charles introduced a new mode of inexpensive court dress which was

made entirely from English textiles. This gave rise to gentlemen's

weskits to below the knee with a coat of the same length and full

sleeves. Stockings and shoes replaced the long fitted boots.

Charles set a court tradition of men wearing a scarf tied around

the neck. Ladies often wore their hair in masses of ringlets with

little corkscrew curls on each side of their heads, and later

piled their hair up elaborately on their heads. They wore satin or

silk dresses fitted at the waist with a pointed bodice, and full

skirt. The shoulder line was low and the sleeves full and open at

the front with fastenings of jeweled clasps. The only fast colors

were reds, blues, purple, and yellow, but not green. They kept

their hands warm in muffs. Women wore perfume, rouge, and face

patches. Some women put on a lot of make-up. Many men dressed

effeminately with rouge, face patches, heavily scented clothing,

muffs, and many ribbons of many colors. The facial beauty patches

were in shapes such as stars, crescent moons, and hearts; they

diverted attention from the common smallpox scars. There were

Oxford shoes, which laced up the front through eyelets. The

members of the House of Commons dressed like the gentry and

assumed their manners. There was exaggeration in all complimentary

and ceremonial language.

The gentry were beginning to be thought of as a "squirearchy".

They owned about half the land of the country.

The population according to class was as follows:

Number of Social Ranks, Household Household

Households Degrees, Titles size yearly

income

in pounds

160 Temporal lords 40 3,200

26 Spiritual lords 20 1,300

800 Baronets 16 880

600 Knights 13 650

3,000 Esquires 10 450

12,000 Gentlemen 8 280

5,000 Persons in greater offices and places 8 240

5,000 Persons in lesser offices and places 6 120

2,000 Eminent merchants and traders by sea 8 400

8,000 Lesser merchants and traders by sea 6 198

10,000 Persons in the law 7 154

2,000 Eminent clergymen 6 72

8,000 Lesser clergymen 5 50

40,000 Freeholders of the better sort 7 91

120,000 Freeholders of the lesser sort 5.5 55

150,000 Farmers 5 42.5

15,000 Persons in liberal arts and sciences 5 60

50,000 Shopkeepers and tradesmen 4.5 45

60,000 Artisans and handicrafts 4 38

5,000 Naval officers 4 80

4,000 Military officers 4 60

50,000 Common seamen 3 20

364,000 Laboring people and out-servants 3.5 15

400,000 Cottagers and paupers 3.25 6.5

35,000 Common soldiers 2 14

25,000 Vagrants, as gypsies, thieves, beggars

As can be seen, agriculture is still the most common occupation.

Great houses now had a central dining chamber [saloon] for dining,

with sets of lodgings [suites], usually for couples, around it.

Each lodging had an ante-chamber and/or drawing room, and then a

bedchamber, off of which there was a servant's room and a closet

[cabinet]. No longer did personal servants bed down in the drawing

room or outside their master's door or in a trunkle bed at his

feet. The servant's room was connected to a back staircase for use

by servants. Secret guests also used it. The closet room was the

innermost sanctum for privacy and gave its name to the later

cabinet of the government.

There were fewer servants and they were of a lower social status

than before. They were often sons of merchants, clergymen, and

army officers. Gentlemen no longer advanced by service to a great

man, but instead through grammar school and university education,

commerce, the law, or the armed services. This change came about

because the state now maintained reasonable law and order. There

were more female servants, who were paid less to cook and to clean

as well as doing laundry and nursing. Servants were kept more in

the background, preferably out of sight. The elaborate ceremonial

ritual with sewer, carver, and cupbearer was gone. A butler

replaced the yeomen of the buttery, ewery, and pantry, and footmen

began to wait on the table at which the lord, his lady, and other

couples sat. Servants no longer had meals in the hall, which now

had a grand staircase up to the dining chamber. The highest

servants, the officers: clerk of the kitchen, clerk of the check

[comptroller], head cook, butler, and groom of the chambers, and

female housekeeper ate in the gentleman-of the-horse's room,

although at a separate table. The kitchen staff ate in the

kitchen. The footmen, underbutler, porters, coachmen, grooms,

stable-boys, gardeners, maids ate in a servant's room. The steward

was no longer the chief household officer, but had a room near the

kitchen. The bulk of the servants slept in the basement or

subordinate wings of the house.

Great houses of nobles had more rooms, such as a chapel, library,

parlors, dressings rooms, and galleries; there was a variety of

architectural floor plans. The structure of a noble household of

an earl was as follows: The chief official was the receiver

general. He had financial responsibility for the household and

prepared accounts for the household and for the tenants' estates.

These were checked by an auditor. The receiver general was often

the son of a country gentleman and had a salary of 50 pounds

raised to 100 pounds with longevity. He had a servant and an

assistant. If married, he had a house on the property. There was

perhaps an attorney on retainer [paid for a certain number of

hours per week or month}. The gentleman of the chamber [privy

purse] kept the accounts of the family and bought them apparel and

toiletries. He was in close personal attendance upon the earl. His

salary was 20 pounds a year. Besides the receiver general and the

gentleman of the chamber, the tutor and chaplain had the closest

personal contact with the family. The lady had a gentlewoman with

a maid servant. The receiver general supervised most of the staff.

There was a steward of 40 pounds a year. He supervised a clerk of

the kitchen and a house bailiff of 20 pounds a year. The bailiff

had responsibility for the produce of the estate, e.g. the

gardens, the deer park, and the fish ponds. Under the clerk of the

kitchen was the cook man and kitchen boys, the latter of whom were

clothed and fed but not paid. The steward also supervised the 4

pound yearly porters, who kept the gates; the watchmen outside;

and the head housekeeper, usually a woman of 2 to 6 pounds yearly.

She supervised the laundry maid and general maids, who spent much

of their time sewing. The steward was also responsible for the

wine cellar. A dozen footmen belonged partly to the house and

partly to the stables and received 2 to 6 pounds yearly. They

waited on the lord and lady in the house and accompanied them in

travels and did errands for them. The gentleman of the horse

supervised the stables, coach, dogs, kennels, and 16 pound yearly

huntsman. Boy pages also worked partly in the house and partly in

the stables. They were clothed and fed, but not paid. The head

gardener received 80 pounds for tending the flowers, vegetables,

and fruit trees. He had casual workers as needed to assist him.

The steward was also responsible for the London house. Here there

was a housekeeper, a watchman, and a 40 pound a year gardener, all

there permanently. When the lord was there, bargemen were employed

for his barge. The salaries for the family estate totaled about

600 pounds a year. Sometimes married sons' or daughters' families

stayed for months at the family estate; then they would pay for

their part of the food.

Well-to-do people drank imported tea and coffee, sometimes from

porcelain ware, and usually after dinner or supper. Most tea

leaves were brewed first for the family and guests and a second

time for the servants; then they were given to the servants'

relatives or friends. Queen Mary encouraged the fashion of

collecting Chinese porcelain. The rich had red or black and gilt

lacquered cabinets and cupboards. Oak gave way to walnut, with its

variegated surfaces. There were grandfather clocks. Some

fireplaces now had cast-iron firebacks. Stuffing began to be

upholstered to woodwork benches. Chairs were taller in the back.

Ladies did needlework to cover them and also made patchwork

quilts. Cane seats came into fashion.

From the spring of 1665 to the end of 1666 there was a Great

Plague, mostly in London. It was the last and worst plague since

the Black Death of 1348. It lasted over a year and about one-third

died from it. Households with a plague victim were walled up with

its residents inside to reduce contagion, and then marked with a

red cross. Church bells tolling their requiems clanged in

ceaseless discord. The mournful cry "bring out your dead" echoed

in deserted streets. At night groups of people shoveled the

corpses into open graves. To prepare for this revolting task, they

often first became drunk out of their senses. People took wild

beliefs in hope of avoiding the plague. For instance, at one time

it was thought that syphilis would prevent it, so maddened hordes

stormed the brothels. At another time, it was rumored that the

plague could be burned out of the air, and all one day bonfires

blazed outside every door and people sweltered in the heat. Other

localities posted sentries on the road to keep Londoners out of

their areas to prevent the plague from spreading there. Since

sneezing was thought to be the first sign of a person getting the

plague, it became common to ask God to bless a person who sneezed.

In London, statistics were collected on the number of plague

victims and their places of death to try to determine the cause of

the plague.

In 1666 a fire destroyed three-fourths of the City of London. The

blazing buildings were so hot that people with leather buckets of

water, hand squirts, and manually operated water-pumping machines

could not get near them. There was a lot of noise from falling

buildings. Panic and desperation were widespread. There was a lot

of crying out and running about distractedly. People saved some of

their possessions by burying them or removing them from the fire's

path as they moved to different lodgings. The streets were full of

carts piled high with furniture and merchandise. The Thames River

was thick with heavily laden barges. Melting lead from St. Paul's

church ran down the streets in a stream. The Tower of London,

upwind of the fire, was saved by blowing up surrounding buildings.

Eventually the wind abated and the fire was put out. A Fire Court

with royal justices was created to offer settlements that were

free, fair, fast, and final. Army tents and supplies, and soup

kitchens sustained the citizens in the fields.

After the fire, buildings had to be brick or stone rather than

wood, except for doors and windows. Also, more plaster and tile

was used. All roofs had to be of tile or slate, rather than

thatch. There was a general use of tile for roofing. About 1714,

came slate for roofings. All buildings had to be at least two

stories high, with flat facades rather than overhanging upper

floors. They had to have wide brick walls around them to avoid the

spread of fires. Many streets, squares, and alleys were

professionally planned, after the example of Indigo Jones who had

continued his town planning with Lincoln's Inn field's open square

surrounded by houses with iron balconies and Leiscester Square.

Main streets had to be wide enough to stop a fire. The street

selling that had caused so much congestion was removed to new

market places. The massive rebuilding of London ended the monopoly

of the building trade claimed by the Mason's Company. Astronomer

and geometrician Christopher Wren designed and built a new St.

Paul's Cathedral and many churches in London, becoming England's

first architect. He worked up from a square base through all sorts

of shapes to a circular double dome on top. The fire put an end to

Whitehall as a royal residence and St. James Palace was used

instead. But at least one fire hazard remained. That was the

practice of lighting new fires by taking buckets of hot coals from

one room or house to another. This was faster than the several

minutes it took to use a tinder box to start a flame, i.e.

striking a piece of flint upon a piece of steel making a spark

which was dropped onto tinder and then blown upon. Matches were

invented in this period, but expensive and unsafe.

Nicholas Barbon began fire insurance in the 1670s. If fire broke

out on an insured premises, the insurance company's firemen would

come with leather buckets and grappling irons, and later small

hand pumps. Barbon also redeveloped many districts in London,

tearing down old buildings without hesitation. He started the

system of selling off leases to individual builders, who hoped to

recover their building costs by selling their houses before they

were completed and before substantial payments on the lease became

due. Entrepreneurial master-builders subcontracted work to

craftsmen and took a large profit or a large loss and debt.

Aristocrats bought large parcels of land on which they built their

own mansions surrounded by lots to be rented to building

contractors and speculators like Barbon. The houses built on these

lots were sold and the underlying land rented. These rentals of

land made the mansions self-supporting. Barbon built rows of

identical townhouses. Sometimes houses were built on all the lots

around a square, which had gardens reserved for the use of those

who lived on the square. Most of the new building was beyond the

old City walls. Marine insurance for storms, shipwreck, piracy,

mutiny, and enemy action was also initiated. Before the fire, e.g.

in Tudor times, the writing of risks had been carried on as a

sideline by merchants, bankers, and even money-lenders in their

private offices and was a private transaction between individuals.

London was residential and commercial. Around the outside were

tenements of the poor. From 1520 to 1690, London's population had

risen tenfold, while the nation's had only doubled. London went

from 2% to 11% of the nation's population. In 1690, London's

population was about half a million. After 1690, London's

population grew at the same rate as the nation's. The first

directory of addresses in London was published in 1677. Business

began to follow the clock more strictly and many people thought of

their watches as a necessity.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 49 / 66 段