Thomas Cranmer, Archbishop of Canterbury, wrote the first English

Common Book of Prayer. With its use beginning in 1549, church

services were to be held in English instead of Latin. The

celebration of the Lord's Supper was a communion among the

parishioners and minister all sharing the wine and bread. It

replaced the mass, in which the priests were thought to perform a

miraculous change of the substance of bread and wine into the body

and blood of Christ, which the priest then offered as a sacrifice

for remission of pain or guilt. This reflected the blood sacrifice

of Christ dying on the cross. In the mass, only the priests drank

the wine. The mass, miracles, the worship of saints, prayers for

souls in purgatory, and pilgrimages to shrines such as that of

Thomas Becket, were all to be discontinued. Imprisonment or exile

rather than death was made the penalty for heresy and blasphemy,

and also for adultery.

After the King dissolved the greater monasteries, he took and sold

their ornaments, silver plate and jewelry, lead from roofs of

their buildings, and finally much of the land itself. Many maps of

manors and lands were made at this time. Three monasteries were

converted into the first three treating hospitals in London, one

for the diseased, one for the poor, and one, Bethlehem (or "Bedlam"

for short), for the mentally ill. But there were still many poor,

sick, blind, aged, and impotent people in the streets since the

closure of the monasteries. In 1552, there were 2,100 people in

need of relief, including 300 orphans, 600 sick or aged, 350 poor

men overburdened with their children, 650 decayed householders,

and 200 idle vagabonds. The poor often begged at parishes, where

they spread disease. London then set up a poor relief scheme.

The Bridewell was established to set to work the idle, vagabonds,

and prostitutes making feather bed ticks and wool-cards, drawing

of wire, carding, knitting, and winding of silk. Parishes were

required to give money for the poor in 1563. Other towns followed

London's lead in levying a poor rate.

Henry used the proceeds from the sale of the monasteries for

building many new palaces and wood ships for his navy. In war,

these navy ships had heavy guns which could sink other ships. In

peace time, these ships were hired out to traders. Large ships

were constructed in docks, made partly by digging and partly by

building walls. In 1545, henry issued a proclamation ordering all

vagabonds, ruffians, masterless men, and evil-disposed persons to

serve him in his navy.

The former land of the monasteries, about 30% of the country's

land, was sold and resold, usually to great landowners, or leased.

Title deeds became important as attorneys sought the security that

title could give. Some land went to entrepreneurial cloth

manufacturers, who converted the buildings for the manufacture of

cloth. They bought the raw wool and hired craftsmen for every step

of the manufacturing process to be done in one continuous process.

This was faster than buying and selling the wool material between

craftsmen who lived in different areas. Also, it was more

efficient because the amount of raw wool bought could be adjusted

to the demand for cloth.

Many landowners now could live in towns exclusively off the rents

of their rural land. Rents were increased so much that tenants

could not pay and were evicted. They usually became beggars or

thieves. Much of their former land was converted from crop raising

to pasture for large herds of sheep. Arable farming required many

workers, whereas sheep farming required only one shepherd and

herdsman. There were exceptional profits made from the export of

wool cloth. But much raw wool was still exported. Its price went

up from 6s.8d. per tod [about 28 pounds] in 1340 to 20s.8d. in

1546.

Villeinage was now virtually extinct. A lord could usually claim a

small money-rent from the freeholder, sometimes a relief when his

land was sold or passed at death, and occasionally a heriot from

his heir.

There was steady inflation. Landlords made their leases short term

so that they could raise rents as prices rose. Copyholders

gradually acquired a valuable right in their holdings; their rent

became light - less that a shilling an acre.

At least 85% of the population still lived in the country. Rich

traders built town or country houses in which the emphasis was on

comfort and privacy. There was more furniture, bigger windows

filled with glass, thick wallpaper, and formal gardens. Use of

thick, insulating wallpaper rose with the rise of paper mills. It

was stenciled, hand-painted, or printed. Some floors were tiled

instead of stone or wood. They were still strewn with straw. The

owners ate in a private dining room and slept in their own rooms

with down quilts. Their soap was white. They had clothing of white

linen and white wool, leather slippers, and felt hats. Men wore

long tunics open at the neck and filled in with pleated linen and

enormous puffed sleeves.

Henry made proclamations reminding people of the apparel laws, but

they were difficult to enforce. Henry also made a proclamation

limiting the consumption of certain meat according to status.

Seven dishes were allowed to bishops, dukes, marquises, and earls;

six to other temporal lords; five to justices, the King's council,

sheriffs, and persons with an income of at least 200 pounds yearly

or goods worth 2000 pounds; four to persons with an income of at

least 100 pounds or goods worth 1000 pounds; and three dishes to

persons with an income of at least 100 pounds or goods worth 500

pounds. There were limits on types of meat served, such as a

maximum of one dish of great fowl such as crane, swan, and

peacock; eight quail per dish; and twelve larks in a dish. People

used tin or pewter dishes, platters, goblets, saucers, spoons,

saltcellars, pots, and basins. They used soap to wash themselves,

their clothes, and their dishes. A solid, waxy soap was from

evaporating a mixture of goat fat, water, and ash high in

potassium carbonate. They had bedcovers on their beds. Cloth bore

the mark of its weaver and came in many colors. Cloth could be

held together with pins that had a shank with a hook by which they

were closed. People went to barbers to cut their hair and to

extract teeth. They went to people experienced with herbs, roots,

and waters for treatment of skin conditions such as sores, cuts,

burns, swellings, irritated eyes or scaly faces. For more

complicated ailments, they went to physicians, who prescribed

potions and medicines. They bought potions and medicines from

apothecaries and pharmacists. They burned wood logs in the

fireplaces in their houses. So much wood was used that young trees

were required by statute to be given enough lateral space to

spread their limbs and were not cut down until mature.

The King, earls, who ruled counties, and barons, who had land and

a place in the House of Lords, still lived in the most comfort.

The King's house had courtyards, gardens, orchards, wood-yards,

tennis courts, and bowling alleys.

The walls of the towns were manned by the citizens themselves,

with police and watchmen at their disposal. In inns, travelers

slept ten to a bed and there were many fleas and an occasional rat

or mouse running through the rushes strewn on the floor. The inn

provided a bed and ale, but travelers brought their own food. Each

slept with his purse under his pillow.

In markets, sellers set up booths for their wares. They sold grain

for making oatmeal or for sowing one's own ground. Wine, butter,

cheese, fish, chicken, and candles could also be bought. Butchers

bought killed sheep, lambs, calves, and pigs to cut up for

selling. Tanned leather was sold to girdlemakers and shoemakers.

Goods bought in markets were presumed not to be stolen, so that a

purchaser could not be dispossessed of goods bought unless he had

knowledge that they were stolen.

The ruling group of the towns came to be composed mostly of

merchants, manufacturers, attorneys, and physicians. Some

townswomen were independent traders. The governed class contained

small master craftsmen and journeyman artisans, small traders, and

dependent servants. The major streets of London were paved with

stone, with a channel in the middle. More water conduits from

hills, heaths, and springs were built to provide the citizens of

London with more water. The sewers carried only surface water

away. Households were forbidden to use the sewers. Privies emptied

into cesspools.

The Merchant Adventurers' Fellowship brought virtually all

adventurers under its control and organized and regulated the

national cloth trade. It had a General Court of the Adventurers

sitting in the London Mercers' Hall. Various companies were

granted monopolies for trade in certain areas of the world such as

Turkey, Spain, France, Venice, the Baltic, and Africa. These were

regulated companies. That is they obtained complete control of a

particular foreign market, but any merchant who cared to join the

company, pay its dues, and obey its regulations, might share in

the benefits of its monopoly. The companies generally confined

trade to men who were primarily merchants and not shopkeepers. In

1553 explorer Sebastian Cabot formed the Muscovy Company, which

was granted a monopoly in its charter for trade with north Russia.

It was oriented primarily to export English woolen cloth. It was the

first company trading on a joint stock, which was arranged as a

matter of convenience and safety. The risks were too great for any

few individuals. It hired ships and assigned space to each member

to ship his goods at his own risk. The dividend was return to the

subscribers of the capital put in plus an appropriate share of any

profits made on the voyage. I.e. the money was divided up. The

members began leaving their money with the company for the next

voyage. A general stock grew up. In 1568 were the first industrial

companies: Mines Royal, and Mineral and Battery Works. The cloth,

mining, iron, and woodcraft industries employed full-time workers

on wages. In the ironworks and foundries, the furnace blowing

engines were worked by water wheels or by a gear attached to

donkeys or horses. The forge hammers were worked at first by

levers and later by water wheels. The day and night hammering

filled the neighborhood with their noise.

Land held in common was partitioned. There were leases of mansion

houses, smaller dwelling houses, houses with a wharf having a

crane, houses with a timber yard, houses with a garden, houses

with a shed, shops, warehouses, cellars, and stables. Lands with a

dye-house or a brew-house were devised by will along with their

dying or brewing implements. There were dairies making butter and

cheese.

The knights had 70% of the land, the nobles 10%, the church 10%,

and king 5%.

Citizens paid taxes to the king amounting to one tenth of their

annual income from land or wages. Merchants paid "forced loans"

and benevolences. The national government was much centralized and

had full-time workers on wages. A national commission of sewers

continually surveyed walls, ditches, banks, gutters, sewers,

ponds, bridges, rivers, streams, mills, locks, trenches, fish-

breeding ponds, and flood gates. When low places were threatened

with flooding, it hired laborers, bought timber, and hired carts

with horses or oxen for necessary work. Mayors of cities repaired

water conduits and pipes under their cities' ground.

The organ and the harp, precursor to the piano, were played.

All people generally had enough food because of the

commercialization of agriculture. Even the standard meal of the

peasant was bread, bacon, cheese, and beer or cider, with beef

about twice a week. Also, roads were good enough for the transport

of foodstuffs thereon. Four-wheeled wagons for carrying people as

well as goods. Goods were also transported by the pulling of

barges on the rivers from paths along the river. A plough with

wheels was used as well as those without.

The matchlock musket came into use, but did not replace the bow

because its matchcord didn't remain lit in rainy weather. The

matchlock was an improvement over the former musket because both

hands could be used to hold and aim the matchlock musket because

the powder was ignited by a device that touched a slow-burning

cord to the powder when a trigger was pulled with one finger.

After the break with Rome, cooperation among villagers in church

activities largely ceased. The altars and images previously taken

care of by them disappeared and the paintings on the walls were

covered with white or erased, and scripture texts put in their

place. People now read the new Bible, the "Paraphrases" of

Erasmus, Foxe's "Book of Martyrs", and the works of Bishop Jewel.

The Book of Martyrs taught the duty and splendor of rising above

all physical danger or suffering. The canon law of the church was

abolished and its study prohibited. Professorships of the civil

law were founded at the two universities. The Inns of Court grew.

Attorneys had more work with the new laws passed to replace the

church canons of the church. They played an important role in town

government and many became wealthy. They acquired town houses in

addition to their rural estates.

Church reforms included abolishing church sanctuaries. Benefit of

clergy was restricted. Parsons were allowed to marry. Archbishops

were selected by the king without involvement by the pope.

Decisions by archbishops in testamentary, matrimonial, and

marriage annulment matters were appealable to the Court of

Chancery instead of to the pope. The clergy's canons were subject

to the King's approval. The control of the church added to the

powers of the Crown to summon and dissolve Parliament, coin money,

create peers [members of the House of Lords who received

individual writs of summons to Parliament], pardon criminals,

order the arrest of dangerous persons without customary process of

law in times of likely insurrection, tax and call men to arms

without the consent of Parliament if the country were threatened

with invasion.

About 1550 there began indictments and executions for

witchcraftery which lasted for about a century. One of the reasons

for suspecting a woman to be a witch was that she lived alone,

which was very unusual.

Henry ordered all alien Anabaptists, who denied the validity of

infant baptism, to leave the realm.

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.

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.

- The Law -

A person having land in socage or fee simple may will and devise

his land by will or testament in writing.

A person holding land by knight's service may will and devise by

his last will and testament in writing part of his land to his

wife and other parts of his land to his children, as long as 1/3

of entailed land is left to the King.

Anyone serving the king in war may alienate his lands for the

performance of his will, and if he dies, his feoffees or executors

shall have the wardship of his heir and land.

A person who leases land for a term of years, even if by indenture

or without a writing, may have a court remedy as do tenants of

freehold for any expulsion by the lessor which is contrary to the

lease, covenant, or agreement. These termers, their executors and

assigns, shall hold and enjoy their terms against the lessors,

their heirs and assigns. The lessor shall have a remedy for rents

due or waste by a termer after recovering the land as well as if

he had not recovered the land.

A lord may distrain land within his fee for rents, customs, or

services due without naming the tenant, because of the existence

of secret feoffments and leases made by their tenants to unknown

persons.

Anyone seised of land to the use or trust of other persons by

reason of a will or conveyance shall be held to have lawful seisin

and possession of the land, because by common law, land is not

devisable by will or testament, yet land has been so conveyed,

which has deprived married men of their courtesy, women of their

dower, the king of the lands of persons attainted, the king of a

year's profits from felons' lands, and lords of their escheats.

(This was difficult to enforce.)

A woman may not have both a jointure [promise of husband to wife

of property or income for life after his death] and dower of her

husband's land. (Persons had purchased land to hold jointly with

their wives)

A sale of land must be in writing, sealed, and registered in its

county with the clerk of that county. If the land is worth less

than 40s. per year, the clerk is paid 12d. If the land exceeds

40s. yearly, the clerk is paid 2s.6d.

An adult may lease his lands or tenements only by a writing under

his seal for a term of years or a term of life, because many

people who had taken leases of lands and tenements for a term of

years or a term of lives had to spend a lot for repair and were

then evicted by heirs of their lessors.

A husband may not lease out his wife's land.

No woman-covert, child, idiot, or person of insane memory may

devise land by will or testament.

The land of tenants-in-common may be partitioned by them so that

each holds a certain part.

No bishop or other official having authority to take probate of

testaments may take a fee for probating a testament where the

goods of the testator are under 100s., except that the scribe

writing the probate of the testament may take 6d., and for the

commission of administration of the goods of any man dying

intestate, being up to 100s, may be charged 6d. Where the goods

are over 100s. but up to 800s. sterling, probate fees may be

3s.6d. at most, whereof the official may take 2s.6d. at most, with

12d. residue to the scribe for registering the testament. Where

the goods are over 800s. sterling, probate fees may be 5s. at

most, whereof the official may take 2s.6d. at most, with 2s.6d.

residue to the scribe, or the scribe may choose to take 1d. per 10

lines of writing of the testament. If the deceased had willed by

his testament any land to be sold, the money thereof coming nor

the profits of the land shall not be counted as the goods or

chattel of the deceased. Where probate fees have customarily been

less, they shall remain the same. The official shall approve and

seal the testament without delay and deliver it to the executors

named in such testaments for the said sum. If a person dies

intestate or executors refuse to prove the testament, then the

official shall grant the administration of the goods to the widow

of the deceased person, or to the next of kin, or to both, in the

discretion of the official, taking surety of them for the true

administration of the goods, chattels, and debts. Where kin of

unequal degree request the administration, it shall be given to

the wife and, at his discretion, other requestors. The executors

or administrators, along with at least two persons to whom the

deceased was indebted, or to whom legacies were made, or, upon

their refusal or absence, two honest kinsmen, shall make an

inventory of the deceased's goods, chattels, ware, merchandise, as

well moveable as not moveable, and take it upon their oaths to the

official.

No parish clergyman or other spiritual person shall take a

mortuary fee or money from a deceased person with movable goods

under the value of 133s., a deceased woman-covert, a child, a

person keeping no house, or a traveler. Only one mortuary fee may

be taken of each deceased and that in the place where he most

dwelled and lived. Where the deceased's moveable goods are to the

value of 133s. or more, above his debts paid, and under 600s., a

mortuary up to 3s. 4d. may be taken. Where such goods are 600s. or

more and under 800s., mortuary up to 6s.8d. may be taken. Where

such goods are 800s. or above, mortuary up to 10s. may be taken.

But where mortuaries have customarily been less, they shall remain

the same.

Executors of a will declaring land to be sold for the payment of

debts, performance of legacies to wife and children, and

charitable deeds for the health of souls, may sell the land

despite the refusal of other executors to agree to such sale.

A man may not marry his mother, stepmother, sister, niece, aunt,

or daughter.

Any clergy preaching contrary to the King's religious doctrine

shall recant for the first offense. He shall abjure and bear a

faggot (a badge resembling a faggot of wood which would have been

used for burning him as a heretic) for the second offense. If he

refuses to abjure or bear a faggot or offends a third time, he

shall be burned and lose all his goods. If a layperson teaches,

defends, or maintains a religious doctrine other than the King's,

he shall recant and be imprisoned for twenty days for the first

offense. He shall abjure and bear a faggot if he does not recant

or offends a second time. He shall forfeit his goods and suffer

perpetual imprisonment if he does not abjure or bear a faggot or

offends a third time.

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 34 / 67 段