Chapter 12

The Times: 1509-1547

Renaissance humanism came into being in the nation. In this

development, scholars in London, Oxford, and Cambridge

emphasized the value of classical learning, especially Platonism

and the study of Greek literature as the means of better

understanding and writing. They studied the original Greek texts

and became disillusioned with the filtered interpretations of

the church, for example of the Bible and Aristotle. There had

long been displeasure with the priests of the church. They were

supposed to preach four times yearly, visit the sick, say the

daily liturgies, and hear confessions at least yearly. But there

were many lapses. Many were not celibate, and some openly lived

with a woman and had children. Complaints about them included

not residing within their parish community, doing other work

such as raising crops, and taking too much in probate,

mortuary, and marriage fees. Probate fees had risen from at most

5s. to 60s. in the last hundred years. Mortuary fees ranged from

1/3 to 1/9 of a deceased person's goods. Sanctuary was abused.

People objected to the right of arrest by ecclesiastical

authorities.

Also, most parish priests did not have a theology degree or even

a Bachelor's degree, as did many laymen. In fact, many laymen

were better educated than the parish priests. No one other than

a laborer was illiterate in the towns.

Humanist grammar [secondary] schools were established in London

by merchants and guilds. Classical Latin and Greek were taught

and the literature of the best classical authors was read.

Education was opened up to women. Secondary education teachers

were expected to know Latin and Greek and have studied the

ancient philosophers, history, and geography. The method of

teaching was for the teacher to read text-books to the class

from a prepared curriculum. The students learned how to read and

to write, to develop and amplify a theme by logical analysis,

and to essay on the same subject in the narrative, persuasive,

argumentative, commending, consoling, and inciting styles. They

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

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

sheet of transparent horn. Disobedience incurred flogging by

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

was the philosophy. There were two week vacations at Christmas

and at Easter.

Oxford University was granted a charter which put the greater

part of the town under control of the Chancellor and scholars.

The mayor of Oxford was required to take an oath at his election

to maintain the privileges and customs of the university. Roman

law Regius professorships were founded by the King at Oxford and

Cambridge.

The physicians of London were incorporated to oversee and govern

the practice of medicine. A faculty of physicians was

established at Oxford and Cambridge. Only graduates of the new

College of Physicians or of Oxford or Cambridge may practice

medicine or surgery. Food that was digested was thought to turn

into a vapor which passed along the veins and was concreted as

blood, flesh, and fat.

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

Chaucer, London English became a national standard and the

notion of "correct pronunciation" came into being.

The discoveries and adventures of Amerigo Vespucci, a Portuguese

explorer, were widely read. The North and South American

continents were named for him.

London merchant guilds started to cease to be trading

organizations and began to be identified mainly with hospitality

and benevolence. Twelve Great Companies dominated city politics:

Mercers, Grocers, Drapers, Fishmongers, Haberdashers,

Ironmongers, Vintners, Goldsmiths, Skinners, Salters, Company of

Merchant Tailors, and the Clothworkers (composed from leading

fullers and shearmen). The leading men of these guilds were

generally aldermen and the guilds acted like municipal

committees of trade and manufactures. Then they acted like a

state department for the superintendence of the trade and

manufactures of London. They were called Livery Companies and

categorized their memberships in three grades: mere membership,

livery membership, and placement on the governing body. Livery

membership was distinguished by having the clothing of the

brotherhood and were usually those who bought membership and

paid higher fees because they were richer. Most of these

companies had almshouses attached to their halls for the

impoverished, disabled, and elderly members and their widows and

children. For instance, many members of the goldsmiths had been

blinded by the fire and smoke of quick silver and some members

had been rendered crazed and infirm by working in that trade.

The pensions of the liverymen were larger than those of mere

members and they generally had a right to a place at those

banquets which are chartered franchises, and they are invited by

the governing body, as a matter of favor, to other

entertainments. The freedom and rights of citizenship of the

city could only be obtained through membership in a livery

company.

A lesser guild, the Leathersellers, absorbed the Glovers,

Pursers, and Pouchmakers. These craftsmen then became wage

earners of the Leathersellers, but others of these craftsmen

remained independent. Before, the Whittawyers, who treated

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

wage-earners for the Skinners.

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

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

constable.

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

the need to reform it, there were many disagreements on what

philosophy of life should take the place of church teachings.

The humanist Thomas More was a university trained intellectual.

His book "Utopia", idealized an imaginary society of pagans

living according to the principles of natural virtue. In it,

everything is owned in common and there is no need for money.

There is agreement that there is a God who created the world and

all good things and who guides men. But otherwise people choose

their religious beliefs and their priests. From this perspective,

the practices of current Christians, scholastic theologicians,

priests and monks, superstition, and ritual look absurd. He

encouraged a religious revival. Aristotle's position that

virtuous men would rule best is successfully debated against

Plato's position that intellectuals and philosophers would be the

ideal rulers.

More plead for proportion between punishment and crime. He urged

that theft no longer be punished by death because this only

encouraged the thief to murder his victim to eliminate evidence

of the theft. He opined that the purpose of punishment was to

reform offenders. He advocated justice for the poor to the

standard of justice received by the rich.

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

and argued that reason should prevail over religious belief. He

wrote the book "In Praise of Folly", which noted man's elaborate

pains in misdirected efforts to gain the wrong thing. For

instance, it questioned what man would stick his head into the

halter of marriage if he first weighed the inconveniences of that

life? Or what woman would ever embrace her husband if she

foresaw or considered the dangers of childbirth and the drudgery

of motherhood? Childhood and senility are the most pleasant

stages of life because ignorance is bliss. Old age forgetfulness

washes away the cares of the mind. A foolish and doting old man

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

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

farthest from happiness; they forget the human station to which

they were born and use their arts as engines with which to attack

nature. The least unhappy are those who approximate the naiveness

of the beasts and who never attempt what is beyond men. As an

example, is anyone happier than a moron or fool? Their cheerful

confusion of the mind frees the spirit from care and gives it

many-sided delights. Fools are free from the fear of death and

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

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

to which this life is subject. They experience no shame, fear,

ambition, envy, or love. In a world where man are mostly at

odds, all agree in their attitude towards these innocents. They

are sought after and sheltered; everyone permits them to do and

say what they wish with impunity. However, the usual opinion is

that nothing is more lamentable than madness. The Christian

religion has some kinship with folly, while it has none at all

with wisdom. For proof of this, notice that children, old people,

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

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

that the founders of religion have prized simplicity and have

been the bitterest foes of learning. Finally, no people act more

foolishly than those who have been truly possessed with

Christian piety. They give away whatever is theirs; they overlook

injuries, allow themselves to be cheated, make no distinction

between friends and enemies, shun pleasure, and feast on hunger,

vigils, tears, labors, and scorn. They disdain life, and utterly

prefer death. In short, they have become altogether indifferent

to ordinary interests, as if their souls lived elsewhere and not

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

Christians is run over with nonsense. They make elaborate

funeral arrangements, with candles, mourners, singers, and

pallbearers. They must think that their sight will be returned to

them after they are dead, or that their corpses will fall ashamed

at not being buried grandly. Christian theologians, in order to

prove a point, will pluck out four or five words from different

places, even falsifying the sense of them if necessary, and

disregard the fact that the context is irrelevant or even

contradicts the point, They do this with such brazen skill that

our lawyers are often jealous of them.

Lawyer Christopher St. German wrote the legal treatise "Doctor

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

supreme and eternal. The law of God and the law of man, as

enunciated by the church and royalty, merely supplement the law

of natural reason and may change from time to time. Examples of

the law of reason are: It is good to be loved. Evil is to be

avoided. Do onto others as you would have them do unto you. Do

nothing against the truth. Live peacefully with others. Justice

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

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

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

force. It is lawful for every man to defend himself and his

goods against an unlawful power.

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

power to reform the church of England in the 1530's. The

Protestant reformation cause had become identified with his

efforts to have his marriage of eighteen years to the virtuous

Catherine annulled so he could marry a much younger woman: Anne.

His purported reason was to have a son. The end of his six

successive wives was: divorced, beheaded, died; divorced,

beheaded, survived. Henry VIII was egotistical, arrogant, and

self-indulgent. This nature allowed him to declare himself the

head of the church of England instead of the pope.

Henry used and then discarded officers of state e.g. by executing

them for supposed treason. One such was Thomas Wolsey, the son

of a town butcher, was another supporter of classical learning.

He rose through the church, the gateway to advancement in a

diversity of occupations of clergy such as secretary, librarian,

teacher, lawyer, doctor, author, civil servant, diplomat, and

statesman. He was a court priest when he aligned himself with

Henry, both of whom wanted power and glory and dressed

extravagantly. But he was brilliant and more of a strategist

than Henry. Wolsey was a reformer by name and started a purge of

criminals, vagrants and prostitutes within. London, bringing many

before the council. But most of his reforming plans were not

brought to fruition, but ended after his campaign resulted in

more power for himself. Wolsey rose to be Chancellor to the King

and Archbishop of York. As the representative of the Pope for

England, he exercised almost full papal authority there. But he

controlled the church in England in the King's interest. He was

second only to the King. He also came to control the many courts.

Wolsey centralized the church in England and dissolved the

smaller monasteries, the proceeds of which he used to build

colleges at Oxford and his home town. He was an impartial and

respected judge.

When Wolsey was not able to convince the pope to give Henry a

divorce, Henry dismissed him and took his property, shortly

after which Wolsey died.

The King replaced Wolsey as Chancellor with Thomas More, after

whom he made Thomas Cromwell Chancellor. Cromwell was the son of

a clothworker and a self- taught lawyer, arbitrator, merchant,

and accountant. Like Wolsey, he was a natural orator. He drafted

and had passed legislation that created a new church of England.

He had all men swear an oath to the terms of the succession act.

Thomas More was known for his honesty and was a highly respected

man. More did not yield to Henry's bullying for support for his

statute declaring the succession to be vested in the children of

his second marriage, and his statute declaring himself the

supreme head of the church of England, instead of the pope. He

did not expressly deny the supremacy act, so was not guilty of

treason under its terms. But silence did not save him. He was

attainted for treason on specious grounds and beheaded. He

conviction rested on the testimony of one perjured witness, who

misquoted More as saying that Parliament did not have the power

to require assent to the supremacy act because it was repugnant

to the common law of Christendom.

Through his host of spies, Cromwell heard what men said to their

closest friends. Words idly spoken were tortured into treason.

Henry had many bills of attainder passed by Parliament. Silence

was a person's only possibility of safety. Fear spread through

the people.

Cromwell developed a technique for the management of the House of

Commons which lasted for generations. He promulgated books in

defense of royal spiritual authority, which argued that canon

law was not divine but merely human and that clerical authority

had no foundation in the Bible. A reformed English Bible was put

in all parish churches. Reformers were licensed to preach.

Cromwell ordered sermons to be said which proclaimed the

supremacy of the King. He instituted registers to record

baptisms, marriages, and burials in every county, for the

purpose of reducing disputes over descent and inheritance. He

dissolved all the lesser monasteries.

When Cromwell procured a foreign wife for Henry whom Henry found

unattractive, he was attainted and executed.

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 mass,

thought to be a miracle performed by priests, was to be replaced

by communion shared by all. The mass, prayers for souls in

purgatory, miracles, the worship of saints, 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. 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.

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.

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

land, was sold and resold or leased. Some 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.

It's price went up from 6s.8d. per tod in 1840 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.

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, wallpaper, and formal gardens. 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.

Most people dressed according to the apparel laws, which were

updated from time to time. The used tin or pewter dishes,

platters, goblets, saucers, spoons, saltcellars, pots, and

basins. They used soap to wash themselves, their clothes, and

their dishes. 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

drugs and medicines. They bought drugs 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.

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

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.

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 girdle-makers 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, lawyers, 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 idea of competition appeared. Each man sought to be richer

than his neighbors.

The cloth, mining, iron, and woodcraft industries employed

full-time workers on wages.

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. Land 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 the King 5%.

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

annual income from land or wages. 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 the ground in

their cities.

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

All people generally had enough food because of the

commercialization of agriculture. Also, roads were good enough

for the transport of foodstuffs thereon. Four-wheeled waggons

were in general use as well as two-wheeled carts. They were used

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 rainy weather made it unusable.

Church reforms included abolishing church sanctuaries. Benefit of

clergy was restricted. Archbishops were selected by the King.

Decisions by archbishops in testamentary, matrimonial, and

divorce 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 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 of the of felons, and lords their

escheats.

A woman may not have both a jointure 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 priest or other spiritual person shall take a mortuary

or money from a deceased person with moveable goods under the

value of 133s., a deceased woman covert baron, a child, a person

keeping no house, or a traveler. Only one mortuary 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, step-mother, sister, niece, aunt,

or daughter.

Only marriages which have not been consummated may be dissolved

by annulment.

The entry of an apprentice into a craft shall not cost more than

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 prevent

the ruin of these towns by people taking up both agriculture and

cloth-making outside these towns.

No one shall shoot in or keep in his house any hand-gun or

cross-bow unless he has 2,000s. yearly.

No one may hunt or kill rabbits 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 rabbit.

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 crop-raising may be converted to pasture.

No woods may be converted to agriculture or pasture.

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 book-binders 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 contract 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 cloth-maker, 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 jail for three days.

French wine may not be sold for more than 8d. per gallon.

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.

Judicial Procedure

Doctors of the civil law may practice in the church or Chancery

courts.

Justices shall tax inhabitants of the county for building jails

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

shires 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 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 act on circuit.

The criminal court had no jury and went outside the common law to

prosecute political enemies.

Since the nation was now peaceful, expediency was no longer

needed, so judicial procedures again became lengthy and formal

with records.

All pleadings and usually testimony was put into writing in

Chancery court.

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 livery and maintenance and

because jurors no longer necessarily know all the relevant

facts.

Our Legal Heritage: The First Thousand Years: 600 - 1600 King Aethelbert - Queen Elizabeth · 第 12 / 14 章