Humanist grammar [secondary] schools were established in London by

merchants and guilds. In 1510, the founder and dean of St. Paul's School

placed its management in the hands of London "citizens of established

reputation" because he had lost confidence in the good faith of priests

and noblemen. The sons of the nobility, attorneys, and merchants were

starting to go to grammar school now instead of being taught at home by

a tutor. At school, they mingled with sons of yeomen, farmers, and

tradesmen, who were usually poor. The usual age of entry was six or

seven. Classical Latin and Greek were taught and the literature of the

best classical authors was read. Secondary education teachers were

expected to know Latin and have studied the ancient philosophers,

history, and geography. The method of teaching was for the teacher to

read textbooks to the class from a prepared curriculum. The students

were taught in Latin and expected not to speak English in school. They

learned how to read and to write Latin, to develop and amplify a theme

by logical analysis, and to essay on the same subject in the narrative,

persuasive, argumentative, commending, consoling, and inciting styles.

They had horn books with the alphabet and perhaps a Biblical verse on

them. This was a piece of wood with a paper on it held down by a sheet

of transparent horn. They also learned arithmetic (solving arithmetical

problems and casting accounts). Disobedience incurred flogging by

teacher as well as by parents. Spare the rod and spoil the child was the

philosophy. Schools now guarded the morals and behavior of students.

There were two week vacations at Christmas and at Easter. Royal grammar

books for English and Latin were proclaimed by Henry in 1543 to be the

only grammar book authorized for students. In 1545, he proclaimed a

certain primer of prayers in English to be the only one to be used by

students.

The first school of humanist studies arose in Oxford with the

Foundation of Corpus Christi College in 1516 by Bishop Richard Fox. It

had the first permanent Reader or Professor in Greek. The Professor of

Humanity was to extirpate all barbarisms by the study of Cicero,

Sallust, Valerius Maximus, and Quintilian. The Reader of Theology was to

read texts of the Holy Fathers but not those of their commentators.

Oxford University was granted a charter which put the greater part of

the town under control of the Chancellor and scholars. The mayor of

Oxford was required to take an oath at his election to maintain the

privileges and customs of the university. Roman law and other Regius

professorships were founded by the king at Oxford and Cambridge.

Teaching of undergraduates was the responsibility of the university

rather than of the colleges, though some colleges had live-in teachers.

Most colleges were exclusively for graduate fellows, though this was

beginning to change. The university took responsibility for the

student's morals and behavior and tutors sometimes whipped the

undergraduates. For young noblemen, a more important part of their

education than going to university was travel on the continent with a

tutor. This exposure to foreign fields was no longer readily available

through war or pilgrimage. The purpose was practical - to learn about

foreign people and their languages, countries, and courts. Knowledge of

the terrain, resources, prosperity, and stability of their countries was

particularly useful to a future diplomatic or political career.

Understanding of the celestial world began to change. Contemporary

thought was that the nature of all things was to remain at rest, so that

movement and motion had to be explained by causes. The earth was

stationary and the heavens were spherical and revolved around the earth

every twenty-four hours. The universe was finite. The firmament extended

outward in a series of rotating, crystalline, ethereal spheres to which

were attached the various points of celestial geography. First came the

circle of the moon. The sun orbited the earth. The fixed stars rotated

on an outer firmament. Finally, there was the abode of God and his

heavenly hosts. Different principles ruled the celestial world; it was

orderly, stable, ageless, and enduring. But the world of man changed

constantly due to its mixed four elements of air, earth, fire, and water

each trying to disentangle itself from the others and seeking to find

its natural location. The heavenly spheres could affect the destinies of

men, such as through fate, fortune, intelligence, cherubim, seraphim,

angels, and archangels. Astrologers read the celestial signs and

messages.

Then a seed of doubt was cast on this theory by Nicholaus Copernicus, a

timid monk in Poland, who found inconsistencies in Ptolemy's work, but

saw similarity in the movements of the earth and other planets. He

inferred from the "wandering" planetary movements with loops that their

motion could be explained simply if they were revolving in circular

paths around the sun, rather than around the earth. In his book of 1543,

he also expressed his belief that the earth also revolved around the

sun. This idea so shocked the world that the word "revolution" became

associated with radical change. He thought it more likely that the earth

rotated than that the stars moved with great speed in their large

orbits. He proposed that the earth spins on its own axis about once

every twenty-four hours, with a spin axis at about a 23 1/2 degree tilt

from the orbital axis, thus explaining a slow change in the overall

appearances of the fixed stars which had been observed since the time of

Ptolemy. He deduced from astronomical measurements that the correct

order of the planets from the Sun was: Mercury, Venus, Earth, Mars,

Jupiter, and Saturn. The church considered his ideas heretical because

contradictory to its dogma that man and the earth were the center of the

universe. A central sun evoked images of pagan practices of sun worship.

News of new ideas in science traveled quickly to English scholars and

professionals

The physicians of London were incorporated to oversee and govern the

practice of medicine. A faculty of physicians was established at Oxford

and Cambridge. A Royal College of Physicians was founded in London in

1518 by the King's physician. The College of Physicians taught more

practical medicine and anatomy than the universities. Only graduates of

the College of Physicians or of Oxford or Cambridge were allowed to

practice medicine or surgery.

Medical texts were Hippocrates and Galen. These viewed disease as only

part of the process of nature without anything divine. They stressed

empiricism, experience, collections of facts, evidences of the senses,

and avoidance of philosophical speculations. Some observations of

Hippocrates were: "When sleep puts an end to delirium, it is a

hopeful sign." "When on a starvation diet, the patient should not

be allowed to become fatigued." "Old men usually have less illness

than young ones, but such as they have last, as a rule, till death."

"Pleurisy, pneumonia, colds, sore throat, and headache are more likely

to occur during winter seasons." "When one oversleeps, or fails to

sleep, the condition suggests disease." Hippocrates had asserted that

madness was simply a disease of the brain and then Galen had agreed and

advocated merciful treatment of the insane. Galen's great remedies were

proper diet, exercise, massage, and bathing. He taught the importance of

a good water supply and good drainage. He advised that baking bread in a

large oven was superior to cooking in a small oven, over ashes, or in a

pan in wholesomeness, digestibility, and flavor. Greek medicinal

doctrines were assumed, such as that preservation of the health of the

body was dependent on air, food, drink, movement and repose, sleeping

and waking, excretion and retention, and the passions.

It was widely known that sleep was restorative and that bad news or

worry could spoil one's digestion. An Italian book of 1507 showed that

post-mortem examinations could show cause of death by gallstones, heart

disease, thrombosis of the veins, or abscesses. In 1540 began the

practice of giving bodies of hanged felons to surgeons to dissect. This

was to deter the commission of felony. There was some feeling that

dissection was a sacrilege, that the practice of medicine was a form of

sorcery, and that illness and disease should be dealt with by prayer

and/or atonement because caused by sin, the wrath of God, or by the

devil. Food that was digested was thought to turn into a vapor which

passed along the veins and was concreted as blood, flesh, and fat. After

1546, there was a book listing hundreds of drugs with preparation

directions, but their use and application was by trial and error.

Flemish physician Andreas Vesalius, secretly dissected human corpses,

finding them hanging on public gibbets or competing with dogs for those

incompletely buried in cemeteries. He begged doctors to allow him to

examine the bodies of their fatal cases. He ingratiated himself with

judges who determined the time and place of execution of criminals. In

1543 he published the first finely detailed description of human

anatomy. In it, there was no missing rib on one side of man, and this

challenged the theory of the woman Eve having been made from a rib of

the man Adam.

In the 1540s, Ambroise Pare from France, a barber-surgeon who was the

son of a servant, was an army surgeon. Wounds at this time were treated

with boiling oil and spurting vessels were closed by being seared with a

red-hot iron. After he ran out of boiling oil, he observed that the

soldiers without this treatment were healing better than those with this

treatment. So he advocated ceasing the practice of cauterizing wounds.

He also began tying arteries with cord to stop their bleeding after

amputation many other surgical techniques.

In Switzerland, Theophrastus Paracelsus, an astrologer and alchemist

who later became a physician, did not believe that humor imbalance

caused disease nor in treatment by bloodletting or purging. He believed

that there were external causes of disease, e.g. toxic matter in food,

contagion, defective physical or mental constitution, cosmic influences

differing with climate and country, or affliction sent Providence. He

urged that wounds be kept clean rather than given poultices. In 1530, he

pioneered the application of chemistry to physiology, pathology, and the

treatment of disease by starting clinical diagnosis and treatment of

disease by highly specific medicines, instead of by cure-alls. For

instance, he used alkalis to treat disease, such as gout, indicated by

certain substances in the urine, which also started urinalysis. He

perceived that syphilis was caused by contagion and used mercury to cure

it. He found curative powers also in opium, sulphur, iron, and arsenic.

Opium was made by drying and cooking the capsule of the poppy and was

one of the few really effective early drugs. Paracelsus urged alchemists

to try to prepare drugs from minerals for the relief of suffering. He

claimed to acquire knowledge of cures through spiritual contacts to

occult wisdom. He believed that a human being has an invisible body as

well as a visible one and that it is closely attuned to imagination and

the spiritual aspect of an individual. He noticed that one's attitudes

and emotions, such as anger, could affect one's health. He sometimes

used suggestion and signs to help a patient form mental images, which

translated into cures. He saw insanity as illness instead of possession

by evil spirits.

Students were beginning to read for the bar by their own study of the

newly available printed texts, treatises, and collections of statute law

and of cases, instead of listening in court and talking with attorneys.

In 1523, Anthony Fitzherbert wrote "Boke of Husbandry", which set forth

the most current methods of arable farming, giving details of tools and

equipment, advice on capital outlay, methods of manuring, draining,

ploughing, and rick-building. It was used by many constantly, and was

often carried around in the pocket. This began a new way to disseminate

new methods in agriculture. He also wrote a "Boke of Surveying", which

relied on the perch rod and compass dial, and gave instruction on how to

set down the results of a survey. In 1533, Gemma Frisius laid down the

principles of topographical survey by triangulation. This improved the

quality of surveys and produced accurate plots.

Geoffrey Chaucer's "Canterbury Tales" was a popular book. Through

Chaucer, London English became a national standard and the notion of

"correct pronunciation" came into being.The discoveries and adventures

of Amerigo Vespucci, a Portuguese explorer, were widely read. The North

and South American continents were named for him.

London merchant guilds began to be identified mainly with hospitality

and benevolence instead of being trading organizations. Twelve great

companies dominated city politics and effectively chose the mayor and

aldermen. They were, in order of precedence, Mercers, Grocers, Drapers,

Fishmongers, Goldsmiths, Skinners, Tailors, Haberdashers, Ironmongers,

Salters, Vintners, and the Clothworkers (composed from leading fullers

and shearmen). The leading men of these guilds were generally aldermen

and the guilds acted like municipal committees of trade and

manufactures. Then they superintended the trade and manufactures of

London much like a government department. They were called Livery

Companies and categorized their memberships in three grades: mere

membership, livery membership, and placement on the governing body.

Livery members were distinguished by having the clothing of the

brotherhood [its livery] and all privileges, and proprietary and

municipal rights, in the fullest degree. They generally had a right to a

place at the Company banquets. They were invited by the governing body,

as a matter of favor, to other entertainments. These liverymen were

usually those who had bought membership and paid higher fees because

they were richer. Their pensions were larger than those of mere members.

Those with mere membership were freemen who had only the simple freedom

of the trade. The masters were usually householders. The journeymen,

yeomanry, bachelors were simple freemen. Most of these companies had

almshouses attached to their halls for the impoverished, disabled, and

elderly members and their widows and children. For instance, many

members of the Goldsmiths had been blinded by the fire and smoke of

quicksilver and some members had been rendered crazed and infirm by

working in that trade. The freedom and rights of citizenship of the city

could only be obtained through membership in a livery company.

A lesser guild, the Leathersellers, absorbed the Glovers, Pursers, and

Pouchmakers, some of whom became wage earners of the Leathersellers. But

others of these craftsmen remained independent. The Whittawyers, who

treated horse, deer, and sheep hides with alum and oil, had become wage

earners for the Skinners.

Londoners went to the fields outside the city for recreation and games.

When farmers enclosed some suburban common fields in 1514, a crowd of

young men marched out to them and, crying "shovels and spades", uprooted

the hedges and filled in the ditches, thus reclaiming the land for their

traditional games. The last major riot in London was aroused by a

speaker on May Day in 1517 when a thousand disorderly young men, mostly

apprentices, defied the curfew and looted shops and houses of aliens. A

duke with two thousand soldiers put it down in mid-afternoon, after

which the king executed fifteen of the rioters.

Many English migrated to London. There were ambitious young men and

women hopeful of betterment through employment, apprenticeship, higher

wages, or successful marriage. On the other hand, there were subsistence

migrants forced to leave their homes for food, work, or somewhere to

live. There was much social mobility. For instance, between 1551 and

1553, of 881 persons admitted as freemen of London, 46 were the sons of

gentlemen, 136 the sons of yeomen, and 289 the sons of farm workers.

London grew in population about twice as fast as the nation.

There are 26 wards of London as of 1550. This is the number for the

next four centuries. Each ward has an alderman, a clerk, and a chief

constable. There are also in each ward about 100 to 300 elected

officials including prickers, benchers, blackbootmen, fewellers [keepers

of greyhounds], scribes, a halter-cutter, introducers, upperspeakers,

under speakers, butlers, porters, inquestmen, scavengers, constables,

watchmen, a beadle, jurymen, and common councilmen. The wardmote had

inquest jurisdiction over immorality or bad behavior such as vagrancy,

delinquency, illegitimacy, and disputes. This contributed greatly to

social stability. In 1546, Henry ordered the London brothels closed. A

small gaol was established in the Clink district of Southwark, giving

the name "clink" to any small gaol. London ordinances required

journeymen to work from 6 a.m. to 6 p.m. in winter, with a total of 90

minutes breaks for breakfast, dinner, and an afternoon drink, for 7d. In

the summer they had to work for two hours longer for 8d. At its peak in

the 1540s the court employed about 200 gentlemen, which was about half

the peerage and one-fifth of the greater gentry. Henry issued a

proclamation ordering noblemen and gentlemen in London not employed by

the court to return to their country homes to perform their service to

the king.

Though there was much agreement on the faults of the church and the

need to reform it, there were many disagreements on what philosophy of

life should take the place of church teachings. The humanist Thomas More

was a university trained intellectual. His book "Utopia", idealized an

imaginary society living according to the principles of natural virtue.

In it, everything is owned in common and there is no need for money. All

believe that there is a God who created the world and all good things

and who guides men, and that the soul is immortal. But otherwise people

choose their religious beliefs and their priests. From this perspective,

the practices of other Christians, scholastic theologians, priests and

monks, superstition, and ritual looked absurd. More encouraged a

religious revival. Aristotle's position that virtuous men would rule

best is successfully debated against Plato's position that intellectuals

and philosophers would be the ideal rulers.

More believed the new humanistic studies should be brought to women as

well as to men. He had tutors teach all his children Latin, Greek,

logic, theology, philosophy, mathematics, and astronomy from an early

age. His eldest daughter Margaret became a recognized scholar and

translated his treatise on the lord's prayer. Other high class women

became highly educated. They voiced their opinions on religious matters.

In the 1530s, the Duchess of Suffolk spoke out for reform of the clergy

and against images, relics, shrines, pilgrimages, and services in Latin.

She and the countess of Sussex supported ministers and established

seminaries for the spread of the reformed faith.

More pled for proportion between punishment and crime. He urged that

theft no longer be punished by death because this only encouraged the

thief to murder his victim to eliminate evidence of the theft. He opined

that the purpose of punishment was to reform offenders. He advocated

justice for the poor to the standard of justice received by the rich.

Erasmus, a former monk, visited the nation for a couple of years and

argued that reason should prevail over religious belief. He wrote the

book "In Praise of Folly", which noted man's elaborate pains in

misdirected efforts to gain the wrong thing. For instance, it questioned

what man would stick his head into the halter of marriage if he first

weighed the inconveniences of that life? Or what woman would ever

embrace her husband if she foresaw or considered the dangers of

childbirth and the drudgery of motherhood? Childhood and senility are

the most pleasant stages of life because ignorance is bliss. Old age

forgetfulness washes away the cares of the mind. A foolish and doting

old man is freed from the miseries that torment the wise and has the

chief joy of life: garrulousness. The seekers of wisdom are the farthest

from happiness; they forget the human station to which they were born

and use their arts as engines with which to attack nature. The least

unhappy are those who approximate the naiveness of the beasts and who

never attempt what is beyond men. As an example, is anyone happier than

a moron or fool? Their cheerful confusion of the mind frees the spirit

from care and gives it many-sided delights. Fools are free from the fear

of death and from the pangs of conscience. They are not filled with vain

worries and hopes. They are not troubled by the thousand cares to which

this life is subject. They experience no shame, fear, ambition, envy, or

love. In a world where men are mostly at odds, all agree in their

attitude towards these innocents. They are sought after and sheltered;

everyone permits them to do and say what they wish with impunity.

However, the usual opinion is that nothing is more lamentable than

madness. The Christian religion has some kinship with folly, while it

has none at all with wisdom. For proof of this, notice that children,

old people, women, and fools take more delight than anyone else in holy

and religious things, led no doubt solely by instinct. Next, notice that

the founders of religion have prized simplicity and have been the

bitterest foes of learning. Finally, no people act more foolishly than

those who have been truly possessed with Christian piety. They give away

whatever is theirs; they overlook injuries, allow themselves to be

cheated, make no distinction between friends and enemies, shun pleasure,

and feast on hunger, vigils, tears, labors, and scorn. They disdain

life, and utterly prefer death. In short, they have become altogether

indifferent to ordinary interests, as if their souls lived elsewhere and

not in their bodies. What is this, if not to be mad? The life of

Christians is run over with nonsense. They make elaborate funeral

arrangements, with candles, mourners, singers, and pallbearers. They

must think that their sight will be returned to them after they are

dead, or that their corpses will fall ashamed at not being buried

grandly. Christian theologians, in order to prove a point, will pluck

four or five words out from different places, even falsifying the sense

of them if necessary, and disregard the fact that their context was

relevant or even contradicted their points. They do this with such

brazen skill that our attorneys are often jealous of them.

Attorney Christopher St. German wrote the legal treatise "Doctor and

Student", in which he deems the law of natural reason to be supreme and

eternal. The law of God and the law of man, as enunciated by the church

and royalty, merely supplement the law of natural reason and may change

from time to time. Examples of the law of reason are: It is good to be

loved. Evil is to be avoided. Do onto others as you would have them do

unto you. Do nothing against the truth. Live peacefully with others.

Justice is to be done to every man. No one is to wrong another. A

trespasser should be punished. From these is deduced that a man should

love his benefactor. It is lawful to put away force with force. It is

lawful for every man to defend himself and his goods against an unlawful

power.

Like his father, Henry VIII dominated Parliament. He used this power to

reform the church of England in the 1530's. The Protestant reformation

cause, started in Germany in 1517 by Martin Luther posting his thesis,

had become identified with Henry's efforts to have his marriage of

eighteen years to the virtuous Catherine annulled so he could marry a

much younger woman: Anne and have a son. The end of his six successive

wives was: annulled, beheaded, died; annulled, beheaded, survived. Henry

VIII was egotistical, arrogant, and self- indulgent. This nature allowed

him to declare himself the head of the church of England instead of the

pope.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 33 / 67 段