2s.6d. After his term, his entry shall not be more than 3s.4d.
This replaced the various fees ranging from this to 40s.
No master of a craft may require his apprentice to make an oath
not to compete with him by setting up a shop after the term of his
apprenticeship.
No alien may take up a craft or occupation in the nation.
No brewer of ale or beer to sell shall make wood vessels or
barrels, and coopers shall use only good and seasonable wood to
make barrels and shall put their mark thereon. Every ale or beer
barrel shall contain 32 of the King's standard gallons. The price
of beer barrels sold to ale or beer brewers or others shall be 9d.
An ale-brewer may employ in his service one cooper only to bind,
hoop and pin, but not to make, his master's ale vessels.
No butcher may keep a tanning-house.
Tanned leather shall be sold only in open fairs and markets and
after it is inspected and sealed.
Only people living in designated towns may make cloth to sell, to
prevent the ruin of these towns by people taking up both
agriculture and cloth-making outside these towns. No one making
cloth for sale may have more than one woolen loom or else forfeit
20s. This to protect the weavers' ability to maintain themselves
and their families from rich clothiers who keep many looms and
employ journeymen and unskillful persons at low wages. No one
owning a fulling mill may own a weaving loom. No weaver may own a
fulling mill.
No one shall shoot in or keep in his house any handgun or crossbow
unless he has 2,000s. yearly.
No one may hunt or kill hare in the snow since their killing in
great numbers by men other than the king and noblemen has depleted
them.
No one shall take an egg or bird of any falcon or hawk out of its
nest on the King's land. No one may disguise himself with hidden
or painted face to enter a forest or park enclosed with a wall for
keeping deer to steal any deer or hare.
Ducks and geese shall not be taken with any net or device during
the summer, when they haven't enough feathers to fly. But a
freeholder of 40s. yearly may hunt and take such with long bow and
spaniels.
No one may sell or buy any pheasant except the King's officers may
buy such for the King.
No butcher may kill any calf born in the spring.
No grain, beef, mutton, veal, or pork may be sold outside the
nation.
Every person with 36 acres of agricultural land, shall sow one
quarter acre with flax or hemp-feed.
All persons shall kill crows on their land to prevent them from
eating so much grain at sowing and ripening time and destroying
hay stacks and the thatched roofs of houses and barns. They shall
assemble yearly to survey all the land to decide how best to
destroy all the young breed of crows for that year. Every village
and town with at least ten households shall put up and maintain
crow nets for the destruction of crows.
No land used for raising crops may be converted to pasture. No
woods may be converted to agriculture or pasture. The efforts to
enforce these proved these prohibitions were not successful.
No one shall cut down or break up dikes holding salt water and
fresh water from flooding houses and pastures.
No one shall dump tin-mining debris, dung, or rubbish into rivers
flowing into ports or take any wood from the walls of the port, so
that ships may always enter at low tide.
A person may lay out a new highway on his land where the old one
has been so damaged by waterways that horses with carriages cannot
pass, with the consent of local officials.
Only poor, aged, and disabled persons may beg. Begging without a
license is punishable by whipping or setting in the stocks 3 days
with only bread and water.
Alien palm readers shall no longer be allowed into the nation,
because they have been committing felonies and robberies.
Butchers may not sell beef, pork, mutton, or veal from carcasses
for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound.
French wines may not sell at retail for more than 8d. per gallon.
A barrel maker or cooper may sell a beer barrel for 10d.
No longer may aliens bring books into the nation to sell because
now there are sufficient printers and bookbinders in the nation.
No one may buy fresh fish other than sturgeon, porpoise, or seal
from an alien to put to sale in the nation.
Every person with an enclosed park where there are deer, shall
keep two tall and strong mares in such park and shall not allow
them to be mounted by any short horse, because the breeding of
good, swift, and strong horses has diminished.
A man may have only as many trotting horses for the saddle as are
appropriate to his degree.
No one may maintain for a living a house for unlawful games such
as bowling, tennis, dice, or cards. No artificer, craftsman,
husbandman, apprentice, laborer, journeyman, mariner, fisherman
may play these games except at Christmas under his master's
supervision. Noblemen and others with a yearly income of at least
2,000s. may allow his servants to play these games at his house.
Hemp of flax may not be watered in any river or stream where
animals are watered.
No one shall sell merchandise to another and then buy back the
same merchandise within three months at a lower price. No one
shall sell merchandise to be paid for in a year above the sum of
200s. per 2000s. worth of merchandise. No one shall sell or
mortgage any land upon condition of payment of a sum of money
before a certain date above the sum of 200s. per 2000s. per year.
No one shall commit forgery by counterfeiting a letter made in
another person's name to steal any money, goods, or jewels.
No one shall libel by accusing another of treason in writing and
leaving it in an open place without subscribing his own name to
it.
If any servant converts to his own use more than 40s. worth of
jewels, money, or goods from caskets entrusted to him for
safekeeping by a nobleman or other master or mistress, it shall be
a felony.
If a person breaks into a dwelling house by night to commit
burglary or murder, is killed by anyone in that house, or a person
is killed in self-defense, the killer shall not forfeit any lands
or goods for the killing.
Killing by poisoning shall be deemed murder and is punishable by
death.
A person who has committed a murder, robbery, or other felony he
has committed shall be imprisoned for his natural life and be
burned on the hand, because those who have been exiled have
disclosed their knowledge of the commodities and secrets of this
nation and gathered together to practice archery for the benefit
of the foreign realm. If he escapes such imprisonment, he shall
forfeit his life.
A person convicted or outlawed shall be penalized by loss of life,
but not loss of lands or goods, which shall go to his wife as
dower and his heirs.
Buggery may not be committed on any person or beast.
No one shall slander or libel the king by speeches or writing or
printing or painting.
No one shall steal fish from a pond on another's land by using
nets or hooks with bait or by drying up the pond.
The mayor of London shall appoint householders to supervise
watermen rowing people across the Thames River because so many
people have been robbed and drowned by these rowers. All such
boats must be at least 23 feet long and 5 feet wide.
No man shall take away or marry any maiden under 16 years of age
with an inheritance against the will of her father.
Any marriage solemnized in church and consummated shall be valid
regardless of any prior agreement for marriage.
Sheriffs shall not lose their office because they have not
collected enough money for the Exchequer, but shall have
allowances sufficient to perform their duties.
Butchers, brewers, and bakers shall not conspire together to sell
their victuals only at certain prices. Artificers, workmen and
laborers shall not conspire to work only at a certain rate or only
at certain hours of the day.
No one shall sell any woolen cloth that shrinks when it is wet.
Only artificers using the cutting of leather, may buy and sell
tanned leather and only for the purpose of converting it into made
wares.
A beggar's child above five years may be taken into service by
anyone that will.
Cattle may be bought only in the open fair or market and only by a
butcher or for a household, team, or dairy, but not for resale
live.
Butter and cheese shall not be bought to be sold again except at
retail in open shop, fair, or market.
No man may enter a craft of cloth-making until he has been an
apprentice for seven years or has married a clothiers' wife and
practicing the trade for years with her and her servants sorting
the wool.
No country person shall sell wares such as linen drapery, wool
drapery, hats, or groceries by retail in any incorporated town,
but only in open fairs.
For every 60 sheep there shall be kept one milk cow because of the
scarcity of cattle.
No clothier may keep more than one wool loom in his house, because
many weavers do not have enough work to support their families. No
weaver may have more than two wool looms.
No clothmaker, fuller, shearman, weaver, tailor, or shoemaker
shall retain a journeyman to work by the piece for less than a
three month period. Every craftsman who has three apprentices
shall have one journeyman. Servants in agriculture and bargemen
shall serve by the whole year and not by day wages.
There shall be a sales tax of 12d. per pound of wool cloth goods
for the Crown.
All people shall attend church on Sundays to remember God's
benefits and goodness to all and to give thanks for these with
prayers and to pray to be given daily necessities.
Anyone fighting in church shall be excluded from the fellowship of
the parish community.
No one shall use a rope or device to stretch cloth for sale so to
make it appear as more in quantity than it is.
No one may sell cloth at retail unless the town where it was
dressed, dyed, and pressed has placed its seal on the cloth. Cloth
may not be pressed with a hot press, but only with a cold press.
Offices may not be bought and sold, but only granted by justices
of the royal courts.
No one going from house to house to repair metal goods or sell
small goods he is carrying may do this trade outside the town
where he lives.
No one may sell ale or beer without a license, because there have
been too many disorders in common alehouses. Offenders may be put
in the town or county gaol for three days.
Only persons with yearly incomes of 1,333s. or owning goods worth
13,333s. may store wine in his house and only for the use of his
household.
No one may sell forged iron, calling it steel, because the edged
tools and weapons made from it are useless.
Parish communities shall repair the highways for four days each
year using oxen, cart, plough, shovels, and spades.
The children of priests are declared legitimate so they may
inherit their ancestor's lands. The priests may be tenants by
courtesy after the death of their wives of such land and tenements
that their wives happened to be seized of in fee simple or in fee
tail, during the spousals.
The King's proclamations shall be observed and kept as though they
were acts of Parliament. The penalty shall not be more than that
stated in the proclamation, except for heresy.
As of 1541, it was felony to practice witchcraft, sorcery, enchantment,
or conjuration for the purpose 1) of obtaining money, or 2) to consume
any person in his body, members, or goods, or 3) to provoke any person
to unlawful love or lucre of money, or 4) to declare where stolen
goods be, or 5) to despite Christ, or 6) to pull down any cross.
The Year Books ceased in 1535.
- Judicial Procedure -
By royal proclamation of 1546, only those admitted by the
Chancellor and two chief justices may practice as counsel or in
legal pleading in any of the King's courts. Also, such a person
must be serjeant-at-law, reader, utter barrister, or an eight-year
fellow of one of the four houses of court, except in the Court of
Common Pleas.
Doctors of the civil law may practice in the church or Chancery
courts.
Justices shall tax inhabitants of the county for building gaols
throughout the nation, for imprisonment of felons, to be kept by
the sheriffs and repaired out of the Exchequer.
Piracy at sea or in river or creek or port are adjudicated in
counties because of the difficulty of obtaining witnesses from the
ship, who might be murdered or who are on other voyages on the
sea, for adjudication by the admiral.
Piracy and murder on ships is punishable by death only after
confession or proof by disinterested witnesses.
Land held by tenants in common may be partitioned by court order,
because some of these tenants have cut down all the trees to take
the wood and pulled down the houses to convert the material to
their own use.
Persons worth 800s. a year in goods shall be admitted in trials of
felons in corporate towns although they have no freehold of land.
Each justice of the high courts may employ one chaplain.
The Privy Council took the authority of the star chamber court,
which organized itself as a specialty court. Also, a specific
group of full-time councilors heard pleas of private suitors.
The bishops, nobility, and Justices of the Peace were commanded to
imprison clergy who taught papal authority. Justices of the Peace
and sheriffs were to watch over the bishops. The Justices of
Assize were to assess the effectiveness of the Justices of the
Peace as well as enforce the treason statute on circuit.
The criminal court went outside the common law to prosecute
political enemies, e.g. by dispensing with a jury.
Since the nation was now peaceful, expediency was no longer
needed, so judicial procedures again became lengthy and formal
with records.
The Chancery court enforced the obligations known as trusts, in
the name of equity and good conscience. It adopted every analogy
that the common law presented. Its procedure was to force the
defendant to answer on oath the charges that were brought against
him. All pleadings and usually testimony was put into writing.
Much evidence consisted of written affidavits. There was no jury.
The Chancery court did not record its decisions apparently because
it did not see itself s bound by precedents.
Witnesses could be sworn in to state pertinent facts necessary for
full understanding and adjudication of cases, because they are
reliable now that there is no unlicensed livery and maintenance
and because jurors no longer necessarily know all the relevant
facts.
When acting as the highest court, the House of Lords was presided
over by the Chancellor, who sat on his prescribed place on the
wool sacks. It had the following jurisdiction: trial of peers for
high treason and serious felony, appeals on writs of error from
courts of the common law, and impeachment. The House of Lords
served as judge of impeachment cases, whereas the House of Commons
served as fact finders.
The leet court and sheriff's turn court have much less
jurisdiction. They may dispose of presentments of trespasses and
nuisances, but not felony or question of freehold. Such
presentments are made by a set of at least twelve men, and the
presented person is amerced there and then.
- - - Chapter 13 - - -
- The Times: 1558-1601 -
Queen Elizabeth I was intelligent, educated, and wise about human
nature. When young, she was a brilliant student and studied the
Bible, and Greek and Roman history, philosophy, literature, and
oratory. She wrote in English, Latin, French, and Italian. She
read Greek, including the Greek Testament, Greek orators, and
Greek dramatists at age seven, when the first professorship of
Greek was founded at Cambridge University. Learning from books was
one of her highest values throughout her life.
She was so influenced by her reading of Cicero that she acquired
his style of writing. Her Chief Secretary William Cecil was so
guided by Cicero's "Offices" that he carried a copy in his pocket.
Cicero opined that government officials had a duty to make the
safety and interest of citizens its greatest aim and to influence
all their thoughts and endeavors without ever considering personal
advantage. Government was not to serve the interest of any one
group to the prejudice or neglect of the rest, for then discord
and sedition would occur. Furthermore, a ruler should try to
become loved and not feared, because men hated those whom they
feared, and wished dead those whom they hated. Therefore obedience
proceeding from fear could not last, whereas that which was the
effect of love would last forever. An oppressor ruling by terror
will be resented by the citizens, who in secret will choose a
worthier person. Then liberty, having been chained up, would be
unleashed more fiercely than otherwise. To obtain the peoples'
love, a ruler should be kind and bountiful. To obtain the peoples'
trust, a ruler should be just, wise, and faithful. To demonstrate
this, a ruler should be eloquent in showing the people an
understanding better than theirs, the wisdom to anticipate events,
and the ability to deal with adverse events. And this
demonstration should be done with modesty. One cannot get the
peoples' trust by vain shows, hypocritical pretenses, composed
countenances, and studied forms of words. The first goal of a
ruler is to take care that each individual is secured in the quiet
enjoyment of his own property. The second goal is to impose taxes
that are not burdensome. The third goal is to furnish the people
with necessaries. The law should be enforced keeping in mind that
its fundamental purpose is to keep up agreement and union among
citizens.
Elizabeth cared deeply for the welfare of all citizens of whatever
class. She was sensitive to public opinion and was loved by her
people. She respected truth and was sincere, avoiding guile or
fraud. She claimed that she had never dishonored her tongue with a
falsehood to anyone. She expected that any covert manipulations by
monarchs would be found out and therefore would damage their
credibility. "It becometh therefor all of our rank to deal
sincerely; lest if we use it not, when we do it we be hardly
believed."
She was frugal and diplomatically avoided unnecessary wars, saying
that her purse was the pockets of her people. England was a small
Protestant nation threatened by the larger Catholic nations of
France and Spain. When Elizabeth flirted and talked of marriage
with foreign princes, they laid aside any thoughts of conquering
England by war, hoping to obtain it my marriage. Not only did she
not seek to conquer other lands, but she turned down an invitation
to rule the Netherlands. Her credit reputation was so good that
she could always get loans at small rates of interest from other
countries.
Tudor government was paternalistic, curtailing cutthroat
competition, fixing prices and wages, and licensing production
under grants of monopoly to achieve a stable and contented society
and a fair living for all.
Elizabeth prayed for divine guidance as in this prayer: "Almighty
God and King of all kings, Lord of heaven and earth, by whose
leave earthly princes rule over mortals, when the most prudent of
kings who administered a kingdom, Solomon, frankly confessed that
he was not capable enough unless Thou broughtst him power and
help, how much less am I, Thy handmaid, in my unwarlike sex and
feminine nature, adequate to administer these Thy kingdoms of
England and of Ireland, and to govern an innumerable and warlike
people, or able to bear the immense magnitude of such a burden, if
Thou, most merciful Father didst not provide for me (undeserving
of a kingdom) freely and against the opinion of many men. Instruct
me from heaven, and give help so that I reign by Thy grace,
without which even the wisest among the sons of men can think
nothing rightly. Send therefore, O inexhaustible Fount of all
wisdom, from Thy holy heaven and the most high throne of Thy
majesty, Thy wisdom to be ever with me, that it may keep watch
with me in governing the commonwealth, and that it may take pains,
that it may teach me, Thy handmaid, and may train me that I may be
able to distinguish between good and evil, equity and iniquity, so
as rightly to judge Thy people, justly to impose deserved
punishments on those who do harm, mercifully to protect the
innocent, freely to encourage those who are industrious and useful
to the commonwealth. And besides, that I may know what is
acceptable to Thee alone, vouchsafe that I wish, dare, and can
perform it without paying respect to any earthly persons or
things. So that when Thou Thyself, the just Judge, who askest many
and great things from those to whom many and great things are
entrusted, when Thou requirest an exact accounting, charge me not
with badly administering my commonwealth and kingdom. But if by
human thoughtlessness or infirmity Thy handmaid strays from the
right in some thing, absolve me of it by Thy mercy, most high King
and most mild Father, for the sake of Thy Son Jesus Christ; and at
the same time grant that after this worldly kingdom has been
exacted of me, I may enjoy with Thee an eternity in Thy heavenly
and unending kingdom, through the same Jesus Christ, Thy Son and
the Assessor of Thy kingdom, our Lord and Mediator. To whom with
Thee and with the Holy Spirit, one everlasting King, immortal,
invisible, only-wise God, be all honor and glory forever and ever,
amen.
Elizabeth promoted commercial speculations, which diffused a vast
increase of wealth among her people. The Elizabethan era was one
of general prosperity. Her good spirits and gayness created a
happy mood in the nation. She loved dancing and madrigal music was
popular. She came to dress elaborately and fancifully. Her dresses
were fitted not only at the waist, but along the torso by a long
and pointed bodice stiffened with wood, steel, or whalebone. Her
skirt was held out with a petticoat with progressively larger
hoops. There were two layers of skirt with the top one parted to
show the bottom one. The materials used were silks, satins,
velvets, and brocades. On her dress were quiltings, slashings, and
embroidery. It was covered with gold ornaments, pearls, gems, and
unusual stones from America. She wore decorated gloves. Ladies
copied her and discarded their simple over-tunics for elaborate
dresses. The under-tunic was now becoming a petticoat and the
over-tunic a dress. Their under-tunics became petticoats. Often
they also wore a fan with a mirror, a ball of scent, a miniature
portrait of someone dear to them, and sometimes a watch. Single
ladies did not wear hats, but had long, flowing hair and low cut
dresses showing their bosoms. Married ladies curled their hair and
wore it in high masses on their heads with jewels interwoven into
it. Both gentlemen and ladies wore hats both indoors and outside
and large, pleated collars around their necks (with the newly
discovered starch), perfume, rings with stones or pearls, and
high-heeled shoes. Gentlemen's' tight sleeves, stiffened and
fitted doublet with short skirt, and short cloak were ornamented
and their silk or velvet hats flamboyant, with feathers. At their
leather belts they hung pouches and perhaps a watch. They wore
both rapiers [swords with cutting edges] and daggers daily as
there were many quarrels. There were various artistic beard cuts
and various lengths of hair, which was often curled and worn in
ringlets. Barbers sought to give a man a haircut that would favor
his appearance, for instance a long slender beard for a round face
to make it seem narrower and a broad and large cut for a lean and
straight face. Men now wore stuffed breeches and stockings instead
of long hosen. Some wore a jeweled and embroidered codpiece
between their legs to emphasize their virility. Both gentlemen and
ladies wore silk stockings and socks over them and then boots.
Coats dipped in boiled linseed oil with resin served as raincoats.
Both men and women wore velvet or wool full length nightgowns with
long sleeves and fur lining and trimming to bed, which was the
custom for the next 150 years. Fashions changed every year due to
the introduction of cheaper, lighter, and less durable cloths by
immigrant craftsmen. When Elizabeth became old, she had a wig made
to match her youthful long red hair. Other ladies then began
wearing wigs.