Renee Descartes, a French mathematician, scientist, and philosopher,

had a revelation that the structure of the universe was mathematical and

that nature obeyed mathematical rules. In 1637, he invented analytic

[Cartesian] geometry, in which lines and geometric shapes can be

described by algebraic equations and vice-versa. All conic sections:

circles, ellipses, parabolas, and hyperbolas, could be represented by

equations with two unknowns, or variables, on a coordinate system in

which each point is represented by a pair of numbers representing

distances from the two axis lines. An algebraic equation with two

unknowns, could be represented as a shape thereon. An algebraic equation

with one unknown represented a straight line thereon. The points of

intersection geometrically were equivalent to the common solution of the

associated algebraic equations. 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. He pioneered the standard exponential notation for cubes

and higher powers of numbers. 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 formulated the law of refraction of light, which deduces the

angle of refraction [deflection] of light through a medium from the

lights' angle of incidence and the speed of light in each media in which

the light 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 in a straight

line. Descartes feared persecution by the church because his ideas did

not correlate with the Biblical notion of God's creation of the universe

in the order of light, then sky and oceans and dry land, then plants,

then seasons and the sun and moon and stars, then fish and birds, then

all animals, and finally man. 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. Without

the mind, human body was a machine. 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 considered to be erroneous the belief 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.

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.

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. Houses of Correction were built.

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.

The old writ of habeas corpus [produce the body] 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".

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 of disputes 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.]. There

were 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'; and 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.

There were two high constables for each hundred. They were chosen by

the Justices of the Peace at quarter sessions, and were usually small

gentry or well-to-do yeomen. They were the intermediaries between the

justices and the petty constables. The petty constable was the executive

official of the village. He was usually elected by the suitors to the

leet court of the manor for a year. He might be a farmer, an artisan, a

carpenter, a shoemaker, or many times a tradesman, a butcher, or baker.

He often visited the alehouse to learn of any trouble in the making. He

would intervene in quarrels and riots and tell the participants to

desist in the King's name. If they didn't, he could call on all

bystanders to help him "force a quiet". He had to lead the rioters and

causers of injuries to others, hold them there until he could bring him

before the nearest justice. He would inform the justice of plots to

trespass or forcibly enter land to take possession. He saw to it that no

new cottages were built in the villages without due authority. He

supervised markets and inns. He reported lapses of care for apprentices

by their masters to the justice. At harvest time, he called upon all

able bodied persons to assist and punished those who didn't respond by

putting them in the stocks or fining them forty shillings. He arrested

and whipped vagrants and sturdy rogues and sent them back to their place

of birth through constables on the way. If a horse was stolen, he raised

the hue and cry to all neighboring constables. He made inquiry into the

paternity of the coming child of an unmarried pregnant girl to make him

take responsibility for the child and pay her 8d. a week lest it fall

into the responsibility of the village. In a town, he might have

watchmen to help him see that the streets were peaceful at night. The

constable assisted the Justice of the Peace, the high constable, and the

Sheriff. He pressed men into military service. He collected taxes for

the Sheriff and collected the money for purveyance, the money for the

poor, maimed soldiers, and various kinds of prisoners, which the parish

had to pay. He was often the spokesman for the village in village

concerns, such as too many alehouses, brought to the attention of

justices at quarter sessions. The constable and churchwardens together

collected money for the parish, looked after the needy, and kept in

close touch with the overseers of the poor, who cared for the sick and

old, found work for the idle, took charge of bastards, apprenticed

orphan children, and provided supplies for the workhouse.

In 1609 the East India Company was given a monopoly by the Crown that

was indefinitely long as long as it was profitable to the realm in the

King's opinion. Interlopers were to forfeit their ships and goods,

one-half to the Company and one-half to the Crown. Monopoly status made

the Company competitive with the Dutch and Portuguese monopoly

companies. The Crown received a gift or a loan from the Company in

return. At first, the Company raised capital for each separate voyage.

But voyages tried to undercut each other and rival factions squabbled

over cargoes. So the company then raised a "terminable joint-stock" for

a period of years. The first of these was issued in 1613-16 and financed

a fleet every year for four years. Subscriptions were called in by

yearly installments and dividends paid out yearly. The voyage of 1613

brought shareholders a profit equivalent to about 11% a year. By 1620,

the Company operated thirty to forty "tall ships", many built in its own

dockyards. These dockyards were so technologically advanced that they

were daily viewed by visitors and ambassadors. Here, besides wet and dry

docks, there were timber yards, a foundry and cordage works for

supplying the ships' hardware and a bakery and saltings for their

provisioning. More than 200 craftsmen were directly employed in the

yard. Overall the company was one of London' largest employers.

In 1607, the Muscovy Company, hired Henry Hudson to find a northwest

passage through North America to the Pacific Ocean.

I n 1606, the first charter of the Virginia Company was issued for

trading purposes. It gave the settlers "all liberties, franchises, and

immunities" they had in England. To oversee this colony, the Crown

appointed a council. Virginia established the Episcopal Church by law.

Virginia became a joint-stock company in 1609. But exports were few

(timber, soap ashes, pitch, tar, and dyes) for several years, and then

tobacco emerged as a source of profit. King James imposed a heavy duties

on imported tobacco because it corrupted man's breath with a stinking

smoke.

Life was difficult for Puritan Separatists, who wanted to separate from

the established church. They were imprisoned and their houses were

watched day and night for illegal meetings. In 1620, after trying

Holland and when there was a depression in England, a few Puritan

Separatists, along with other pilgrims, left for Virginia in the

Mayflower, but landed in New England and founded Plymouth Colony. They

were led by William Bradford and William Brewster, their spiritual

leader. They planted fields and made friends with the Indians. In 1621,

they secured a patent to the merchants and planters together for a

voluntary joint-stock company in New England. Later, it became the

self-governing Massachusetts Bay Colony.

The canons of the church of 1604 provided for excommunication for

anyone who propounded that the king did not have the same authority in

ecclesiastical matters as the godly kings among the Jews and Christian

emperors in the primitive church, that the Church of England was not a

true and apostolic church, that worship according the Book of Common

prayer and administration of sacraments was corrupt or superstitious, or

that other methods of the church were wicked, unchristian, or

superstitious.

Church sanctuary was abolished for those accused of criminal offenses

because it had been abused by thieves paying their rent by thieving at

night. It remained available to those accused of civil offenses.

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

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

sequester their lands, punish them for going to mass, fine them for not

attending the established church, banish their priests, and imprison

those who aided priests. There was a Catholic plot in 1605 to blow up

Parliament and the king with gunpowder and to restore Catholicism as the

state religion with a Catholic king. It was discovered and the

conspirators were executed. Then there was a crackdown on Catholics,

with houses being searched for hiding places for priests. Also,

legislation was passed barring Catholics from many offices.

- The Law -

Churchwardens of every parish shall oversee the poor in their parish.

They shall, with consent of the Justices of the Peace, set to work

children whose parents cannot maintain them and also set to work married

or unmarried persons who have no trade and no means to maintain

themselves. Churchwardens shall tax every inhabitant, including parson

and vicar and every occupier of land and houses, as they shall think

fit. There will be a convenient stock of flax, hemp, wool, thread, iron

and other necessary ware and stuff to set the poor on work. There will

be competent sums of money for the relief of the lame, impotent, old,

blind, and others not able to work, and also for the putting out of

children to be apprentices. Child apprentices may be bound until 21

years of age or until time of marriage. They shall account to the

Justices of the Peace for all money received and paid. The penalty for

absence or neglect is 20s. If any parish cannot raise sufficient funds,

the Justices of the Peace may tax other nearby parishes to pay, and then

the hundred, and then the county. Grandparents, parents, and children of

every poor, old, blind, lame, or impotent person not able to work, being

of sufficient ability, shall at their own charge, relieve and maintain

every such poor person in that manner and according to that rate as

Justices of the Peace of that county determine, or else forfeit 20s. per

month. Two Justices of the Peace may commit to gaol or house of

correction persons refusing to work and disobedient churchwardens and

overseers. The overseers may, with the consent of the lord of the manor,

build houses on common or waste land for the poor at the expense of the

parish, in which they may place more than one family in each house.

Every parish shall pay weekly 2-10d. toward the relief of sick, hurt,

and maimed soldiers and mariners. Counties with more than fifty parishes

need pay only 2-6d. The county treasurer shall keep registers and

accounts. Soldiers begging shall lose their pension and shall be

adjudged common rogues or vagabonds subject to imprisonment and

punishment.

A seminal patent-protection law was passed in 1624. It stated that all

monopolies to any person or persons, bodies politic or corporate for the

sole buying, selling, making, working, or using of anything within the

realm are void. This does not include London or towns. Parties aggrieved

by such may recover treble damages in the superior courts, with double

costs. Excepted are existing patents, for 21 years or less, for new

inventions and for future patents for 14 years or less. Excepted also

are patents for printing or making saltpeter, gunpowder, shot or

ordinance, etc.; patents concerning allum mines or Newcastle coal or

glass making or export of calves' skins or making smalts [deep-blue

pigment or glass] or melting iron ore; grants of office; and licenses

for taverns.

Persons stealing crops from lands or fruit from trees shall be whipped.

Every person shall receive the holy communion in church at least once a

year or else forfeit 20 pounds for the first year and 40 pounds for the

second year, and threescore pounds for every year after until he takes

the said sacrament.

Every person convicted of drunkenness shall be penalized 5s. or else

placed in the stocks for six hours, because the loathsome and odious sin

of drunkenness has grown into common use lately and it is the root of

many other sins, such as bloodshed, stabbings, murder, swearing,

fornication, and adultery, and is detrimental to the arts and manual

trades and diverse workmen, who become impoverished. Offenders convicted

a second time shall be bound with two sureties to the sum of 200s.

Lewd women, having bastards, chargeable to the parish, shall be

committed to the house of correction to be punished and set to work for

one year.

Mothers concealing the death of a bastard baby shall suffer as for

murder, unless one witness proves the child was born dead.

Persons deserting their families shall be deemed incorrigible rogues

and punished as such.

Persons such as sorters who purloin or embezzle wool or yarn delivered

to them by clothiers and the receivers thereof, knowing the same, shall

recompense the party grieved or else be whipped and set in the stocks.

Because benefit of clergy is not allowed to women convicted of felony

by reason whereof many women suffer death for small causes, any woman

convicted for the felonious taking of any money, goods or chattels

greater than 12d. and less than 10s. other than burglary or robbery on

the highway or from the person of any man or woman without their

knowledge, shall be branded and marked in the hand upon the brawne of

the left thumb with a "T" and imprisonment, whipping, stocking, or

sending to the house of correction for a year or less.

Actors profaning God, Jesus, or the Holy Ghost on stage are to be

penalized 200s.

In 1604 it was decided that it was not necessary to prove that

witchcraft caused the death of a person for there to be punishment for

the witchcraftery. All that was necessary now was the practice of

witchcraft. The punishment was death by hanging. Also, consulting or

feeding an evil spirit was felony.

Sheriffs summoning defendants without a writ shall pay 200s. and

damages to the defendant, and 400s. to the King.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 44 / 67 段