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 was 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.

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.

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.] In addition to the 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), there

was 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 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.

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

northwest passage through North America to the Pacific Ocean.

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.

- 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.

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

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

Persons stealing crops from lands or fruit from trees shall be

whipped.

Since administrators of goods of people dying intestate who fail

to pay the creditors of the deceased often can't pay the debts

from their own money, the people (who are not creditors) receiving

the goods shall pay the creditors.

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.

No person convicted of Catholicism may practice the common law as

a counsellor, clerk, attorney, or solicitor, nor may practice

civil law as advocate, or proctor, nor shall be justice, minister,

clerk, or steward in any court, nor practice medicine, nor perform

as apothecary, nor be officer in a town, in the army, or navy, or

forfeit 100 pounds as punishment. Nor may they be administrators

of estates, or have custody of any child as guardian. Nor may they

possess any armor, gunpowder, or arms. Nor may anyone print or

import Popish books rosaries, or else forfeit 40s.

No merchant may dress black rabbit skins, nor export them, unless

dressed by skinners and bought from them because the skinners have

been thus deprived of their livelihoods to their impoverishment

throughout the realm.

Beer may be exported when malt is at 16s. per quarter because

exporting beer instead of barley and malt will (1) increase the

export tax to the King, (2) increase income for coopers and

brewers, and (3) provide more jobs in transporting beer, which is

more voluminous, to the great comfort of the port towns.

Fish which are spawning and growing in harbors may not be taken by

any net or weirs because this practice has hurt fishermen and the realm.

London may make a trench to bring water to the north part of the

city and shall compensate the owners of lands by agreement with

them of an amount or an amount determined by commissioners.

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

penalized 200s.

No one shall sell beer or ale to an unlicensed alehousekeeper

because abuses there have become intolerable.

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.

No person at least 18 years of age may be naturalized or restored

in blood after being attainted unless he takes the sacrament and

the Oath of Supremacy [of the king over the church of England],

and Oath of Allegiance [to the king].

Money given by will for the apprenticeship of poor children shall

be managed by incorporated towns and unincorporated parishes.

Masters receiving such apprentices shall become bound with

sufficient sureties.

Houses of correction shall be built in every county.

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.

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.

All hospitals and abiding places for the poor, lame, maimed, and

impotent persons or for houses of correction founded according to

the statute of Elizabeth shall be incorporated and have perpetual

succession.

Only lands and hereditaments paying rents to the Crown within the

last sixty years shall be claimed by the Crown; the title of all

persons and corporation who have enjoyed uninterruptedly against

the Crown for the last sixty years are confirmed against the

Crown.

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.

Our Legal Heritage, King AEthelbert, 596 to King George III, 1775 · 第 44 / 67 段