Chapter 13

The Times: 1558-1604

Queen Elizabeth I was intelligent, educated, and wise about human

nature. When young, she was a brilliant student. Then, she

studied much history, philosophy, 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. Book- learning was one of her highest

values throughout her life. She had good judgment in selecting

her ministers and advisors for her Privy Council. Like her

father and grandfather, she dominated Parliament.

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' duty was to

make the safety and interest of citizens its greatest aim and to

design 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 governor 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 governor should be kind and bountiful. To

obtain the peoples' trust, a governor should be just, wise, and

faithful. To demonstrate this, a governor 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 governor 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 wanted

to be loved by her people, which she was. 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. Elizabeth flirted with foreign princes to make them waste

their time trying to get England by marrying her instead of by

war. Her promotion of commercial speculations diffused a vast

increase of wealth among her people. Her good spirits and

gayness created a happy mood in the nation. She loved dancing and

madrigal music was popular. The Elizabethan era was one of

general prosperity.

Elizabeth came to dress elaborately and fancifully. Her dresses

were fitted at the waist with 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. They were

covered with gold ornaments, pearls, and gems from America. She

wore decorated gloves. So 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, 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. They now wore

breeches and stockings instead of long hosen. 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. They wore nightgowns to bed. Fashions changed every

year. When Elizabeth became old, she had a wig made to match her

youthful long red hair. Other ladies began wearing wigs.

Poor men wore skirted fustian tunics, loose breeches, and coarse

stockings or canvas leggings. Agricultural laborers kept sword

and bow in a corner of their fields in the first part of

Elizabeth's reign.

Women spent much of their time doing needlework and embroidery.

Since so many of the women who spent their days spinning were

single, unmarried women became known as "spinsters".

Children wore the same apparel as their elders. They were given

milk at meals for good growth. It was recognized that sickness

could be influenced by diet and herbs. Sickness was still viewed

as an imperfect balance of the four elements of blood (hot and

moist like air), phlegm (cold and moist like water), choler or

yellow bile (hot and dry like fire), and melancholy or black bile

(cold and dry like earth) in a person.

There were many lifestyle possibilities in the nation:

independently wealthy with 40s. yearly or goods worth 200s.;

gentleman, that is one who owned land or was in a profession

such as an attorney, physician, priest or who was a university

graduate, government official, or a military officer; employment

in agriculture, arts, sciences; employment in households and

offices of noblemen and gentlemen; independent farmers with

their own farm; fisherman or mariner on the sea or apprentice of

such; employment by carriers of grain into cities, by market

towns, for digging, seeking, finding, getting, melting, fining,

working, trying, making of any silver, tin, lead, iron, copper,

stone, coal; glassmaker.

Typical wages in the country were: fieldworkers 2-3d. a day,

ploughmen 1s. a week with board, shepherd 6d. a week and board,

his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending

on the grain, thatching for five days 2d., master mason or

carpenter or joiner 4d. a day and food or 8d. without food, a

smith 2d. a day with food, a bricklayer 2 1/2 d. a day with

food, a shoemaker 2d. a day with food. These people lived

primarily on food from his own ground.

There was typical work for each month of the year in the country:

January - ditching and hedging after the frost broke, February -

catch moles in the meadows, March - protect the sheep from

prowling dogs, April - put up hop poles, sell bark to the tanner

before the timber is felled, fell elm and ash for carts and

ploughs, fell hazel for forks, fell sallow for rakes, fell horn

for flails, May - weed and hire children to pick up stones from

the fallow land, June - wash and shear the sheep, July - hay

harvest, August - wheat harvest, September and October - gather

the fruit, sell the wool from the summer shearing, stack logs

for winter, buy salt fish for Lent in the town and lay it up to

dry, November - have the chimneys swept before winter, thresh

grain in the barn, December - grind tools, repair yokes, forks,

and farm implements, cover strawberry and flower beds with straw

to protect them from the cold, split kindling wood with beetle

and wedge, tan their leather, make leather jugs, make baskets for

catching fish, and carve wood spoons, plates, and bowls.

There was a wave of building and renovation activity in town and

country. Housing is now, for the first time, purely for dwelling

and not for defense. They were designed symmetrically with

decorative features instead of a haphazard addition of rooms.

Windows were large and put on the outer walls instead of just

inside the courtyard. A scarcity of timber caused proportionally

more stone to be used for dwelling houses and proportionately

more brick to be used for royal palaces and mansions. The rest

of the house was plaster painted white interspersed with

vertical, horizontal, and sloping timber, usually oak, painted

black. They had locks and bolts for protection from intruders.

The floors were stone or wood, and sometimes tile. They were

often covered with rushes or plaited rush mats. Some private

rooms may have carpets on the floor. Walls were smoothly

plastered or had carved wood paneling to control drafts. Painted

cloths replaced tapestries on walls. Candles were hung from the

ceiling and used on tables. Plastered ceilings and a lavish use

of glass made rooms lighter and cozy. Broad and gracious

stairways with carved wood banisters replaced the narrow winding

stone steps of a stairwell. Most houses had several brick

chimneys and clear, but uneven, glass in the windows. There were

fireplaces in living rooms, dining rooms, kitchen, and bedrooms.

Sometimes there was a library, study room, or breakfast room as

well. Rooms were more spacious than before and contained

furniture such as chests of drawers, enclosed cupboards,

cabinets, buffets, tables, chairs and benches with backs and

cushions, sometimes with arms, and occasionally wardrobes,

either hanging or with shelves, for clothes. Carpeting covered

tables, chests, and beds. Family portraits decorated some walls,

usually in the dining room. Bedrooms all led out of each other.

But curtains on the four poster beds with tops provided

privacy. Beds had elaborately carved bedsteads, sheets, and a

feather coverlid as well as a feather mattress. Often family

members, servants, and friends shared the same bed for warmth or

convenience. Each bedroom typically had a cabinet with a mirror,

e.g. of burnished metal or crystal, and comb on top. One brushed

his teeth with tooth soap and a linen cloth, as physicians

advised. Each bedroom had a pitcher and water bowl, usually

silver or pewter, for washing in the morning, and a bed-pan for

nighttime use, and also fragrant flowers. Elizabeth had a room

just for her bath. Smoking tobacco and snuff-taking became

popular.

On the table was a fancy salt cellar and pepper. Some gentry used

two-pronged forks for eating. Glass drinking vessels replaced

even gold and silver goblets. Breakfast was substantial, with

meat, and usually eaten in one's bedroom. There was great plenty

and variety of meats to all but the poorer classes: beef,

mutton, veal, lamb, kid, pork, rabbit, capon, red deer, fish and

wild fowl as well as the traditional venison and brawn [boar].

From English orchards and gardens came apricots, almonds,

gooseberries, raspberries, melons, currants, oranges, and lemons

as well as the traditional apples, pears, plums, mulberries,

quinces, pomegranates, figs, cherries, walnuts, chestnuts, hazel

nuts, filberts, strawberries, blackberries, dewberries,

blueberries, and peaches. Also grown were sweet potatoes,

artichokes, cabbages, turnips, broad beans, peas, pumpkins,

cucumbers, radishes, carrots, celery, parsnips, onions, garlic,

leeks, endive, spinach, sorrel, lettuce, parsley, mustard,

cress, sage, tarragon, fennel, thyme, mint, savory, rhubarb, and

medicinal herbs. Sugar was used to make sweet dishes. Grace was

said before meals. Toothpicks were used.

Most dwellings were of brick and stone. Only a few were of wood

or mud and straw. The average house was now four rooms instead

of three. Yeomen might have six rooms. A weaver's house had a

hall, two bedrooms, and a kitchen besides the shop. Farmers

might have two instead of one room. A joiner had a one-room house

with a feather bed and bolster. Even craftsmen, artificers and

farmers had feather beds on bed frames with pillows and hung

loom tapestry and painted cloth to keep out the cold in their

single story homes. They also had pewter spoons and plates,

instead of just wood or earthenware ones. Even the poorer class

had glass drinking vessels, though of a coarse grade. The poor

still used wooden plates and spoons. Laborers had canvas sheets.

Richer farmers would build a chamber above the hall, replacing

the open hearth with a fireplace and chimney. Poorer people

favored ground floor extensions, adding a kitchen or second

bedchamber to their cottages. Kitchens were often separate

buildings to reduce the risk of fire. Roasting was done on a

spit and baking in irons boxes placed in the fire or in a brick

oven at the side of the fireplace.

Mixed farming began. In this, some of the arable land produced

food for man and the rest produced food for sheep, cattle, pigs,

and poultry. This was made possible by the introduction of

clover, artificial grasses, and turnip and other root crops for

the animals. Since the sheep ate these crops in the field, they

provided manure to maintain the fertility of the soil. This meant

that many animals could be maintained throughout the winter

instead of being slaughtered and salted.

More than medieval castles and manor houses, mansions were

designed with privacy in mind. The great hall, often hung around

with bows, pikes, swords, and guns, was not abandoned, but the

family used it as an eating place only on rare occasions.

Instead they withdrew to the parlor and great chamber, while

their servants lived in turrets or attics and continued to eat

in the hall. The distinction between parlor and great chamber

was that the former was for domestic use and the latter for

entertaining. Parlors were situated on the ground floor: the

family lived and relaxed there, and had informal meals in a

dining parlor. The formal or "state" rooms were on the first

floor, usually comprising a great chamber, a withdrawing

chamber, one or more bedchambers, and a long gallery. The idea

of a long gallery was copied from Henry VII and was used for

exercise, recreation such as music and dancing, and private

conversations. Each room had carved chairs and cabinets. A noble

or gentleman's house had not only a garden for the kitchen and

orchards, but formal gardens of flowers and scrubs. Grown were

apples, plums, pears, apricots, peaches, walnuts, filberts,

almonds, figs, capers, oranges, and lemons. Trees were planted

and grafted.

A noble lord made written rules with penalties for his country

household, which numbered about a hundred, including family,

retainers, and servants. He enforced them by fines, flogging,

and threats of dismissal. The lady of the house saw that the

household, held together as an economic and social unit. The

noble's family, retainers, guests, and the head servants, such

as chaplain and children's tutor, and possibly a musician, dined

together at one table. The family included step children and

married sons and daughters with their spouses. They drank from

drinking of fine clear glass from Italy. They ate from silver

dishes with silver spoons. Chandeliers of candles lit rooms. A

silver salt cellar was on the table, which was covered with a

linen cloth. The lady of the house sat in a chair at the end of

the table and was served first. After the upper table was

served, the food was sent to the servants: serving men and

women, bakers, brewers, cooks, pot cleaners, laudresses,

shepherds, hogherds, dairy maids, falconers, huntsmen, and

stable men. What was left was given to the poor at the gates of

the house. The biggest meal of the day was dinner, served at

noon. There were sandglass clocks. For amusement, the house was

occasionally handed over to a lord of misrule for twelve days.

Clothes were washed in rivers and wells.

Farmers' wives used looms as well as spinning wheels with foot

treadles. Due to new grass and root crops, animals could be kept

through the winter. Therefore, salted meat and salted fish were

no longer the staple food of the poorer people during the

winter. Farm laborers ate soup, porridge, milk, cheese, bacon,

and beer or mead (depending on the district), and dark barley or

rye bread, which often served as his plate. Gentlemen ate wheat

bread.

By 1600 basement services were frequently found in town houses

built on restricted sites. Lastly, provision of water supplies

and improved sanitary arrangements reflected concern with

private and public health. There was virtually no drainage. In

the case of town houses, some owners would go to considerable

effort to solve drainage problems, often paying a cash

composition to the civic authorities, but sometimes performing

some service for the town at Court or at Westminster in return

for unlimited water or some drainage. Most affluent households,

including the Queen's moved from house to house, so their

cesspits could be cleaned out and the vacated buildings aired

after use. A few cesspits were made air-tight. Otherwise, there

was extensive burning of perfumes. Refuse was emptied out of

front doors and shoveled into heaps on street corners. It was

then dumped into the river or along the highways leading out of

town. People put on perfume to avoid the stench. By 1600, the

first water-closet was built, which provided a clean latrine all

year round.

The value of grain and meat rose compared to wool. Grain became

six times its value in the previous reign. Wool fell from

20s.8d. per tod in 1546 to 16s. in 15s. So sheep-farming, which

had taken about 5% of the arable land, was supplanted somewhat

by crop-raising and the rural population could be employed for

agriculture. In some places, the threefold system of rotation was

replaced by alternating land used for crops with that used for

pasture. The necessity of manuring and the rotation of crops and

grasses such as clover for enrichment of the soil were

recognized. Wheat, rye, barley, peas, and beans were raised.

There was much appropriation of common land by individual

owners by sale or force. Many farms were enclosed by fences or

hedges so that each holder could be independent of his

neighbors. Red and black currants, rhubarb, apricots, and

oranges were now grown. These independent farmers could sell wool

to clothiers, and butter, cheese, and meat to the towns. They

also often did smithwork and ironwork, making nails, horseshoes,

keys, locks, and agricultural implements to sell. A laborer

could earn 6d. a day in winter and 7d. a day in summer. Unfree

villeinage ceased on the royal estates. But most land was still

farmed in common and worked in strips without enclosure.

Windmills now had vanes to change the position of the sails when

the wind direction changed. Formerly, the position of the sails

was changed by manual labor. Prosperous traders and farmers who

owned their own land assumed local offices as established

members of the community.

The population of the nation was about five million. Population

expansion had allowed landlords to insist on shorter leases and

higher rents, instead of having to choose between accepting a

long lease and good rent or allowing their estates to pass out

of cultivation. 90% of the population lived in the countryside

and 5% in the London and 5% in the other towns. Over half the

people of the nation were on the margin of subsistence. Life

expectancy was about 40 years of age.

Most of London was confined within the city wall. There were

orchards and gardens both inside and outside the walls, and

fields outside. Flower gardens and nurseries came into

existence. No part of the city was more than a ten minute walk

to the fields. Some wealthy merchants had four story mansions or

country houses outside the city walls. Goldsmiths' Row was

replete with four story houses. A few wealthy merchants became

money-lenders for interest, despite the law to the contrary. The

mayor of London was typically a rich merchant prince. Each trade

occupied its own section of the town and every shop had its own

signboard, for instance, hat and cap sellers, cloth sellers,

grocers, butchers, cooks, taverns, and book-sellers. Many of the

London wards were associated with a craft, such as Candlewick

Ward, Bread St. Ward, Vintry Ward, and Cordwainer Ward. Some

wards were associated with their location in the city, such as

Bridge Ward, Tower Ward, Aldgate Ward, Queenhithe Ward, and

Billingsgate Ward. People dwelled at the back or on the second

floor of their shops. In the back yard, they grew vegetables

such as melons, carrots, turnips, cabbages, pumpkins, parsnips,

and cucumbers; herbs; and kept a pig. Hyde Park was the Queen's

hunting ground. London had a small zoo of ten animals, including

a lion, tiger, lynx, and wolf.

Life in London was lived in the open air in the streets. The

merchant transacted business agreements and the lawyer saw his

clients in the street or at certain pillars at St. Paul's

Church, where there was a market for all kinds of goods and

services. Some gentlemen had offices distant from their dwelling

houses such as attorneys, who had a good income from trade

disputes and claims to land, which often changed hands. Plays

and recreation also occurred in the streets, such as

performances by dancers, musicians, jugglers, clowns, tumblers,

magicians, and men who swallowed fire. The churches were

continuously open and used by trades and peddlers, including

tailors and letter-writers. Water carriers carried water in wood

vessels on a shoulder from the Thames River or its conduits to

the inhabitants three gallons at a time. Soldiers, adventurers,

physicians, apprentices, prostitutes, and cooks were all

distinguishable by their appearances. An ordinance required

apprentices to wear long blue gowns and white breeches with

stockings, with no ornamentation of silk, lace, gold or silver

and no jewelry. They could wear a meat knife, but not a sword or

dagger. Apprentices lived with their masters and worked from 6

or 7 a.m. to 9 p.m. Some people knitted wool caps as they walked

to sell when finished. There were sections of town for

booksellers, butchers, brewers, hosiers, shoemakers, curriers,

cooks, poulters, bow makers, textwriters, pattenmakers, and horse

and oxen sellers. Large merchant companies had great halls for

trade, such as the mercers, grocers, drapers, fishmongers, and

goldsmiths. The other great guilds were the skinners, merchant

tailers, haberdashers, salters, ironmongers, vintners, and

clothworkers. Smaller guilds were those of the bakers, weavers,

fruiterers, dyers, Thames watermen and lightermen, carpenters,

joiners, turners, and parish clerks. The guilds insured quality

by inspecting goods for a fee. >From 1571, merchants could meet

at the Royal Exchange building for business purposes. It's great

bell rang at midday and at 6 p.m. Crime was rampant in the

streets and criminals were executed near to the crime scene.

Taverns served meals as well as ale. They were popular meeting

places for both men and women of all backgrounds to met their

friends. Two taverns in particular were popular with the

intelligentsia. Music was usually played in the background and

games were sometimes played. Beer made with hops and malt was

introduced and soon there were beer drinking contests.

Drunkenness became a problem.

The main thoroughfare in London was still the Thames River.

Nobles living on the river had their own boats and landings.

Also at the banks, merchants of all nations had landing places

where ships unloaded, warehouses, and cellars for goods and

merchandise. Swans swam in the clear bright water. Watermen rowed

people across the river for a fee. On the south bank of the river

were theaters, outlaws, cutpurses, prostitutes, and prisons. In

the summer, people ate supper outside in public. Refuse is still

thrown into the streets. At night, the gates of the city were

closed and citizens were expected to hang out lanterns. The

constable and his watchmen carried lanterns and patrolled the

streets asking anyone they saw why they were out so late at

night. There were a few horse-drawn coaches with unglazed

windows with curtains to keep out the weather.

As of old times, brokers approved by the Mayor and aldermen made

contracts with merchants concerning their wares. Some contracts

included holding wares as security. Some craftsmen and manual

workers extended this idea to used garments and household

articles, which they took as pawns, or security for money loaned.

This began pawn brokerage, which was lucrative. The problem was

that many of the items pawned had been stolen.

The Queen's Privy Council fixed wages and prices in London,

advised Justices of the Peace on wages elsewhere, and controlled

exports of grain to keep prices down and supplies ample. There

were labor strikes in some towns for higher wages after periods

of inflation. In 1591, London authorities rounded up the sturdy

vagabonds and set them to work cleaning out the city ditches for

4d. per day.

Most of the men in Elizabeth's court had attended a university,

such as the lawyer and writer Francis Bacon and the sea-fighter

and writer Walter Raleigh, who had a humble origin. Many wives

and daughters of Privy Councilors attended the Queen in her

privy chamber. Most of the knights or gentlemen of the royal

household were also members of Parliament or Justices of the

Peace for certain districts in the counties. The court did not

travel as much as in the past, but became associated with

London. Elizabeth took her entire court on summer visits to the

country houses of leading nobility and gentry.

Secular education and especially the profession of law was the

route for an able but poor person to rise to power, rather than

as formerly through military service or through the church.

The first stage of education was primary education, which was

devoted to learning to read and write in English. This was

carried out at endowed schools or at home by one's mother or a

tutor. The children of the gentry were usually taught in their

homes by private teachers of small classes. Many of the poor

became literate enough to read the Bible and to write letters.

However, most agricultural workers and laborers remained

illiterate.

The next stage of education was grammar [secondary] school. There

a student was taught rhetoric (e.g. poetry, history, precepts of

rhetoric, and classical oratory), some logic, and Latin and

Greek grammar. English grammar was learned through Latin grammar

and English style through translation from Latin. Literary

criticism was learned through rhetoric. There were disputations

on philosophical questions such as how many angels could sit on

a pin's point. The students sat in groups around the hall for

their lessons. The boys and girls were also taught hawking,

hunting and archery. The secondary student and the undergraduate

were tested for proficiency by written themes and oral

disputations, both in Latin. Grammar schools were headed by

schoolmasters. There were so many secondary schools financed by

merchants and guilds such as the Mercers and Fishmongers that

every incorporated town had at least one. The middle classes from

the squire to the petty tradesman were brought into contact with

the best Greek and Roman writers. A typical schoolday lasted

from 7:00 am to 5:00 PM. Flogging with a birch rod was used for

discipline. Some students learned this material from a tutor

rather than school.

The government of Oxford University, which had been Catholic, was

taken from the resident teachers and put into the hands of the

Vice-Chancellor, Doctors, Heads of Colleges, and Proctors. Then

Oxford became a hotbed of Puritanism. Cambridge already had a

strong reformed element from Erasmus' influence. Oxford

University and Cambridge University were incorporated to have a

perpetual existence for the virtuous education of youth and

maintenance of good literature. The Chancellors, masters, and

scholars had a common seal. Undergraduate students entered at age

16 and resided in rooms in colleges rather than in scattered

lodgings. Each undergraduate student had a tutor and those not

seeking a degree could devise his own course of study with his

tutor's permission. Many students who were working on the seven

year program for a Master's Degree went out of residence at

college after the four year's "bachelor" course. Students had

text books to read rather than simply listening to a teacher

read books to them. Oxford was authorized to and did acquire its

own printing press. Examination was still by disputation.

Students acted in Latin plays. If a student went to a tavern, he

could be flogged. For too elaborate clothing, he could be fined.

Fines for absence from class were imposed.

All students had to reside in a college or hall, subscribe to the

39 articles of the university, the Queen's supremacy, and the

prayer book. Meals were taken together in the college halls. The

universities were divided into three tables: a fellows' table of

earls, barons, gentlemen, and doctors; a second table of masters

of arts, bachelors, and eminent citizens, and a third table of

people of low condition. Professors, doctors, masters of arts

and students were all distinguishable by their gowns.

Undergraduate education was considered to be for the purpose of

good living as well as good learning. It was to affect the body,

mind, manners, sentiment, and business. The university

curriculum included Latin and Greek languages and was for four

years. The student spent at least one year on logic (syllogizing,

induction, deduction, the thirteen classical fallacies, and the

application of logic to other studies), at least one year on

rhetoric, and at least one year on philosophy. The latter

included physics, metaphysics, and ethics (domestic principles

of government, military history, diplomatic history, and public

principles of government), and mathematics (arithmetic, geometry,

algebra, astronomy, music, optics). There were lectures on Greek

and Latin literature, including Aristotle, Plato, and Cicero.

About 1564, the curriculum was changed to two terms of grammar,

four terms of rhetoric, five terms of dialectic (examining

ideas, opinions logically), three terms of arithmetic, and two

terms of music. There were now negative numbers, irrational

numbers, and imaginary numbers. Also available were astrology,

and alchemy, cultivation of gardens, and breeding of stock,

especially dogs and horses. Astronomy, geometry, natural and

moral philosophy, and metaphysics were necessary for a master's

degree. The university libraries of theological manuscripts in

Latin were supplemented with many non-religious books.

There were graduate studies in theology, medicine, music, and

law, which was a merging of civil and canon law together with

preparatory work for studying common law at the Inns of Court in

London.

In London, legal training was given at the four Inns of Court.

Only young gentry were admitted there and many later became

members of Parliament or Justices of the Peace. It took about

seven years there to become a lawyer. Besides reading textbooks

in Latin, the students observed at court and did work for

practicing lawyers. They often also studied and attended

lectures on astronomy, geography, history, mathematics,

theology, music, navigation, foreign languages, and lectures on

anatomy and medicine sponsored by the College of Physicians. A

tour of the continent became a part of every gentleman's

education.

Medical texts were Hippocrates and Galen. These viewed disease as

only part of the process of nature, without anything divine.

They stressed empiricism, experience, collections of facts,

evidences of the senses, and avoidance of philosophical

speculations. Galen's great remedies were proper diet, exercise,

massage, and bathing. He taught the importance of a good water

supply and good drainage. Greek medicinal doctrines were

assumed, such as preservations of the health of the body was

dependant on air, food, drink, movement and repose, sleeping and

waking, excretion and retention, and the passions. It was widely

known that sleep was restorative and that bad news or worry could

spoil one's digestion. An Italian book of 1507 showed that

post-mortem examinations could show cause of death by

gallstones, heart disease, thrombosis of the veins, or

abscesses.

Because physicians were allowed to dissect corpses, there were

anatomy textbooks and anatomy was related to surgery. The

compound microscope was invented about 1590. A visit by a doctor

cost 13s.4d. Melancholia, which made one always fearful and full

of dread, and mania, which made one think he could do

supernatural things, were considered to be different types of

madness from infirmities of the body. Barber-surgeons extracted

teeth and performed surgery. Barbers were allowed to do only

dentistry and bleeding. A College of Surgeons was founded.

Teachers of surgery used corpses of felons to teach anatomy. Even

the poor were buried in coffins.

All forms of English literature were now in print, except for

plays. In 1600 William Gelbert wrote a book on terrestrial

magnetism which founded the science of electricity. He

cultivated the method of experiment and of inductive reasoning

from observation. He expounded the idea of Nicolaus Copernicus of

Poland published in 1543 that the earth revolves around the sun

in a solar system. However, the prevailing belief was still that

the earth was at the center of the universe.

Many people kept diaries. Letter-writing was frequent at court.

Correctness of spelling was beginning to be developed. Printers

tended to standardize it. There was much reading of romances,

jest books, histories, plays, prayer collections, and

encyclopedias, as well as the Bible. In schools and gentry

households, favorite reading was Edmund Spenser's "Faerie Queen"

about moral virtues and the faults and errors which beset them,

Erasmus' New Testament, "Paraphrases", "Colloquies", and

"Adages", Sir Thomas North's edition of Plutarch's "Lives of the

Noble Grecians and Romans", Elyot's "The Book Named the

Governor", and Hoby's translation of "The Courtier". At a more

popular level were Caxton's "The Golden Legend", Baldwin's

"Mirror for Magistrates", Foxe's "Book of Martyrs" about English

protestant who suffered at the stake, sensational stories and

pamphlets, printed sermons (including those of Switzerland's

Calvin), chronicles, travel books, almanacs, herbals, and

medical works. English fiction began and was read. There were

some books for children. Books were copywrited, although

non-gentlemen writers needed a patron. At the lowest level of

literacy were ballads describing recent events. Next to sermons,

the printing press was kept busiest with rhymed ballads about

current events. Printed broadsheets on political issues could be

distributed quickly. In London, news was brought to the Governor

of the News Staple, who classified it as authentic, aprocryphal,

barber's news, tailor's news, etc. and stamped it. Books were

also censored for matter against the state church. This was

carried out through the Stationers' Company. This company was

now, by charter, the official authority over the entire book

trade, with almost sole rights of printing (e.g. excluding

schools). It could burn other books and imprison their printers.

Travel books had maps, itineraries, and mileage between towns in

England and Wales according to a survey completed in 1579, about

which time the Queen had a postal system on the high roads for

official business. Non-government people used private post

horses. The gentry rode horses. Most people's mode of travel was

still walking. In 1564, the first canal was built with locks at

Exeter.

William Shakespeare, a glove-maker's son, wrote plays about

historical events and plays which portrayed various human

personalities and their interactions with each other. They were

enjoyed by all classes of people. His histories were especially

popular. The Queen and various earls each employed players and

actors, who went on tour as a troupe and performed on a round

open-air stage, with people standing around to watch. In London,

theaters such as the Globe were built specifically for the

performance of plays, which had been performed at inns. There

were costumes, but no sets. Ordinary admission was 2d. Before

being performed, a play had to be licensed by the Master of the

Revels to make sure that there was nothing detrimental to the

peace and public order. The common people still went to

morality plays, but also to plays in which historical personages

were portrayed, such as Richard II, Henry IV, and Henry V. Some

plays were on contemporary issues. Musicians played together as

orchestras. Music and singing was a popular pastime after

supper; everyone was expected to participate. Dancing was

popular with all classes. Gentlemen played cards, dice, chess,

billiards, tennis, and fenced and had games on horseback. Their

deer- hunting diminished as forests were cut down for agriculture

and the deer was viewed as an enemy eating crops. Falconry

diminished as hedges and enclosures displaced the broad expanses

of land. With enclosure there could be more innovation and more

efficiency. It was easier to prevent over-grazing and half-

starved animals as a result.

Country people had music, dancing, pantomime shows with masks,

riddles, wrestling, hurling, running, swimming, leap frog,

blindman's buff, shovelboard played with the hands, and football

between villages with the goal to get the ball into one's own

village. There were many tales involving fairies, witches,

devils, ghosts, evil spirits, angels, and monsters enjoyed by

adults as well as children. Many people were still

superstitious, believed in charms, curses, divination, omens,

fate, and advice from astrologers. The ghosts of the earth

walked the earth, usually because of some foul play to be

disclosed, wrong to be set right, to warn those dear to them of

peril, or to watch over hidden treasure. Fairies blessed homes,

rewarded minor virtues, and punished mild wrongdoing. When

fairies were unhappy, the weather was bad. There were parties

for children.

The merry guild-feast was no longer a feature of village life.

There were fewer holydays and festivals. The most prosperous

period of the laborer was closing. An agricultural laborer's

yearly wage was about 154s., but his cost of living, which now

included house rent, was about 160s. a year. In 1533, daily wages

in the summer for an agricultural laborer were about 4d. and for

an artisan 6d. In 1563 in the county of Rutland, daily wages for

laborers were 7d. in summer and 6d. in winter; and for artisans

were 9d. in summer and 8d. in winter.

There were endowed hospitals in London for the sick and infirm.

There were others for orphans, for derelict children, and for

the destitute. They worked at jobs in the hospital according to

their abilities. There was also a house of correction for

discipline of the idle and vicious by productive work.

In the towns, shop shutters were let down to form a counter.

Behide this the goods were made and/or stored. The towns held a

market once a week. Fairs occurred once or twice a year. At

given times in the towns, everyone was to throw buckets of water

onto the street to cleanse it. During epidemics in towns, there

was quarantine of those affected to stay in their houses unless

going out on business. Their houses were marked and they had to

carry a white rod when outside. The quarantine of a person

lasted for forty days. The straw in his house was burned and his

clothes treated. People who died had to be buried under six feet

of ground.

Communities were taxed for the upkeep and relief of the prisoners

in the jails in their communities.

Church services included a sermon and were in accordance with a

reformed prayer book and in English, as was the Bible. Communion

of participants replaced mass by priests. Elizabeth was not

doctrinaire in religious matters, but pragmatic. She always

looked for ways to accommodate all views on what religious

aspects to adopt or decline. Attendance at state church services

on Sunday mornings and evenings and Holydays was enforced by a

fine of 12d. imposed by the church wardens. People could hold

what religious beliefs they would, even atheism, as long as they

maintained an outward conformity. For instance, babies were to be

baptized before they were one month old or the parents would be

punished.

There was difficulty persuading educated and moral men to be

ministers. The Bible was read at home and familiar to everyone.

This led to the growth of the Puritan movement. The Puritans

complained that the church exerted insufficient control over the

morals of the congregation. They thought that ministers and lay

elders of each parish should regulate religious affairs and that

the bishops should be reduced to an equality with the rest of

the clergy. The office of archbishop should be eliminated and

the head of state should not necessarily be governor of the

church. Their ideas of morality were very strict and even plays

were though to be immoral. The puritan movement included William

Brewster, an assistant to a court official who was disciplined

for delivering, upon pressure from the council, the Queen's

signed execution order for Mary of Scotland after the Queen had

told him to hold it until she directed otherwise.

The debased coinage was replaced by a recoinage of newly minted

coins with a true silver weight.

Goldsmiths, who also worked silver, often acted as guardians of

clients' wealth. They began to borrow at interest at one rate in

order to lend out to traders at a higher rate. This began

banking.

Patents were begun to encourage the new merchant lords to develop

local manufactures or to expand import and export trade. Patents

were for a new manufacture or an improved older one and

determined the wages of its trades. There was chartering of

merchant companies and granting of exclusive rights to new

industries as monopolies. Some monopolies or licenses were

patents or copyrights. Others established trading companies for

trade to certain foreign lands and supporting consular

services. But there were two detrimental effects: monopoly was a

severe burden to the middle and poorer classes, and the power of

patent holder to arrest and imprison persons charged with

infringing upon their rights was extended to any disliked

person.

There was sharing of stock of companies, usually by merchants of

the same type of goods. There were many stockholders of the East

India Company, chartered in 1600 to trade there. New

incorporated companies were associations of employers and often

included a number of trades, instead of the old guilds which were

associations of actual workers. Town government was often

controlled by a few merchant wholesalers. The entire trade of a

town might be controlled by its drapers or by a company of the

Merchant Adventurers. The charter of the latter as of 1564

allowed a common seal, perpetual existence, liberty to purchase

lands, and liberty to exercise their government in any part of

the nation. There were policies of insurance given by groups of

people for losses of ships and their goods.

There were monopolies on cloth, tin, starch, fish, oil, vinegar,

and salt. New companies were incorporated for many trades, the

ostensible reason being the supervision of the quality of the

wares produced in that trade. (Shoemakers, haberdashers,

saddlers, and curriers exercised close supervision over these

wares.) They paid heavily for their patents or charters.

There was no sharp line between craftsman and shopkeeper or

between shopkeeper and wholesale merchant. In London, an

enterprising citizen could pass freely from one occupation to

another. Borrowing money for a new enterprise was common.

Industrial suburbs grew up around London and some towns became

known as specialists in certain industries. The building crafts

in the towns often joined together into one company, e.g.

wrights, carpenters, slaters, and sawyers, or joiners, turners,

carvers, bricklayers, tilers, wallers, plasterers, and paviors.

These companies included small contractors, independent masters,

and journeymen. The master craftsman often was a tradesman as

well, who supplied timber, bricks, or lime for the building

being constructed. The company of painters was chartered with a

provision prohibiting painting by persons not apprenticed for

seven years.

The prosperous merchants began to form a capitalistic class as

capitalism grew. Competition for renting farm land, previously

unknown, caused these rents to rise. The price of wheat rose to

an average of 14s. per quarter, thereby encouraging tillage once

more. There was steady inflation.

The breed of horses and cattle was improved. There were

specializations such as the hunting horse and the coach horse.

Dogs had been bred into various types of hounds for hunting,

water and land spaniels for falconry, and other dogs as house

dogs or toy dogs. There were no longer any wild boar or wild

cattle. The turkey joined the cocks, hens, geese, ducks,

pigeons, and peacocks in the farmyard. Manure and dressings were

used to better effect on the soil.

There are locks and canals as well as rivers. At London Bridge,

water-wheels and pumps are installed. There are now four royal

postal routes from London to various corners of the nation.

Horses are posted along the way for the mail- deliverer's use.

However, private mail still goes by packman or common carrier.

There were compasses with a bearing dial on a circular plate with

degrees up to 360 noted. The nation's inland trade developed a

lot. There were many more wayfaring traders operating from town

inns. There were new industries such as glassware, iron,

brasswares, alum and coppers, gunpowder, paper, coal, and sugar.

Coal was used for fuel as well as wood, which was becoming

scarce. Small metal goods, especially cutlery, was made, as well

as nails, bolts, hinges, locks, ploughing and harrowing

equipment, rakes, pitch forks, shovels, spades, and sickles.

Lead was used for windows and roofs. Copper and brass were used

to make pots and pans. Pewter was used for plates drinking

vessels, and candlesticks. Iron was used for fire-backs, pots,

and boilers. Also in use was canvas, lead, and rice. Competition

was the mainspring of trade and therefore of town life.

Parliament enacted laws and voted taxes. The Queen, Lords, and

Commons cooperated together. There was little dissension or

debating. There were many bills concerning personal, local, or

sectional interests, but priority for consideration was given to

public measures. The knights in the commons were almost

invariably from the county's leading families and chosen by

consensus in the county court. The commons gradually won for its

members freedom from arrest without its permission and the

right of punishing and expelling members for crimes committed.

Tax on land remained at 10% of its estimated yearly income. The

Queen deferred to the church convocation to define Christian

faith and religion, thus separating church and state functions.

The Treasury sought to keep a balanced budget by selling royal

land and keeping Crown expenditures down. The Crown carried a

slight debt incurred before the Queen's accession.

After exhausting every other alternative, the Queen agreed on the

execution of Mary, Queen of Scots, for being involved in a plot

to assassinate her and claim the throne of England.

Francis Drake sailed around the world from 1577 to 1580. Walter

Ralegh made an expedition to North America in 1584 and named

Virginia in honor of the Queen, who was a virgin. Drake and

Ralegh plundered Spanish ships for American gold and silver,

much of which was used to pay for the war with Spain, which

planned to invade England, even after the unsuccessful attempt

by the Spanish Armada in 1588. The two hundred English ships

were built to sink other ships rather than to board and capture

them. The English guns outranged the Spanish guns. So the

smaller English ships had been able to get close enough to the

big Spanish troop-transport galleons to shoot them up without

being fired upon. The direction of the wind forced the Spanish

galleons northward, where most of them were destroyed by storms.

The English seamen had been arbitrarily pressed into this

service.

- The Law -

Although estate tails (estates descendible only to the heirs of

the body of the original feofee) by law could not be sold or

given away, this was circumvented by use of a straw man. In

collaboration with the possessor of the property, this straw man

sued the possessor asserting that the property had been

wrongfully taken from the straw man. The possessor pleaded that

the crier of the court who had warranted it should be called to

defend the action. He failed to appear until after judgment had

been given to the straw man. Then the straw man conveyed it to

the possessor or his nominee in fee simple.

Wearing of velvet or embroidery is restricted to those with an

income over 40,000s. The wearing of satin or silk is restricted

to those with an income over 20,000s.

No one shall make false linen by stretching it and adding little

pieces of wood, which is so weak that it comes apart after five

washings.

Timber shall not be felled to make logs for fires for the making

of iron.

No one may take small fish to feed to dogs and pigs. Only nets

with mesh leaving three inches spaces may be used to catch fish.

No attainder shall result in the forfeiture of dower by the

offender's wife nor disinheritance of his heirs.

The following statute of artificers regulated labor for the next

two centuries:

No master or mistress may employ a servant for a term less than

one year in the crafts of clothiers, woolen cloth weavers,

tuckers, fullers, clothworkers, sheermen, dyers, hosiers,

tailors, shoemakers, tanners pewterers, bakers, brewers,

glove-makers, cutlers, smith, farriers, curriers, saddlers,

spurriers, turners, cappers, hatmakers, feltmakers, bow-makers,

arrow-makers, arrow-head- makers, butchers, cooks, or millers, so

that agriculture will be advanced and idleness diminished.

Also, every craftsman unmarried or under age 30 who is not

working must accept employment by any person needing the craft

work. Also, any common person between 12 and 60 who is not

working must accept employment in agriculture. And, unmarried

women between 12 and 40 may be required by town officials to

work by the year, the week, or day for wages they determine.

All artificers and laborers hired by the day or week shall work

from 5 am to 7 PM. All artificers must labor at agriculture at

haytime and harvest to avoid the loss of grain or hay. Every

householder who raises crops may receive as an apprentice a

child between 10 and 18 to serve in agriculture until he is age

21. A householder in a town may receive a child as an apprentice

for 7 years, but merchants may only take as apprentices children

of parents with 40s. freehold. (This was designed to inhibit

migration to the towns.)

No one may be a craftsman until he has served seven years as an

apprentice. These artificers may have children as apprentices:

smith, wheelmaker, ploughmaker, millmaker, miller, carpenter,

rough mason, plasterer, a timber sawer, an ore burner, a lime

burner, brickmaker, bricklayer, tilemaker, tiler, layer of slate

roofs, layer of wood shingle roofs, layer of straw roofs, cooper,

earthen potter, linen weaver, housewife who weaves wool for sale

or for household use.

Fish, but no meat, may be eaten on Wednesdays so that there will

be more fishermen and mariners and repair of ports. (This was

done because fishing had declined since the dissolution of the

monasteries. Eating fish instead of meat in Lent in the

springtime remained a tradition.)

For repairing of highways, the supervisors may take the rubbish

or smallest stones of any quarry along the road in their

precinct.

Embezzlement or theft by a servant of his master's goods of 40s.

or more is a felony.

No one shall forge a deed of land, charter, sealed writing, court

roll or will.

No one shall libel or slander so as to cause a rebellion.

Cut-purses and pick-purses shall not have benefit of clergy.

A debtor may not engage in a fraudulent collusion to sell his

land and goods in order to avoid his creditors.

A person robbing a house of 5s. by day when no one is there shall

not have benefit of clergy, because too many poor persons who

cannot hire a servant to look after their house when they go to

work have been robbed.

The price of barrels shall be set by mayors of the towns where

they are sold.

No man under the degree of knight may wear a hat or cap of

velvet. Caps may not be made of felt, but only knit wool. Only

hats may be made of felt. This is to assist the craft of making

wool caps.

Every person over 6 years of age shall wear a wool knitted cap

made by the cappers on Sundays, except maidens, ladies,

gentlewomen, noble persons, and every lord, knight, and

gentlemen with 2,667s. of land, since the practice of not

wearing caps has damaged the capping industry. This employed

cappers and poor people they had employed and the decrepit and

lame as carders, spinners, knitters, parters, forses, thickers,

dressers, dyers, battelers, shearers, pressers, edgers, liners,

and bandmakers.

Rugs shall weigh 44 pounds at least and be 35 yards at least in

length and at most 3/4 yard wide.

The incorporated company of ship masters may erect beacons and

marks on the seashores and hills above, because certain steeples

and other marks used for navigation have fallen down and ships

therefore have been lost in the sea.

There shall be one sheriff per county, because now there are

enough able men to supply one per county.

Trials of noblemen for treason shall be by their peers.

A native or denizen merchant in wholesale or retail goods who

leaves the nation to defraud his creditors shall be declared a

bankrupt. The Chancellor may conduct an investigation to

ascertain his land, house, and goods, no matter who may hold

them. They shall be appraised and sold to satisfy his debts.

Loan contracts for money lent may not be for more than 200s. for

each 2000s. yearly. All loans of money or forbearing of money in

sales of goods for less than this shall be punishable by forfeit

of the interest only.

No cattle may be put in any enclosed woods that have been

growing less than five years. At the end of five years growth,

calves may be put in. At the end of six years growth, cattle may

be put in.

The mother and reputed father of any bastard who has been left to

be kept at the parish where born must pay weekly for the upkeep

and relief of such child, so that the true aged and disabled of

the parish get their relief and to punish the lewd life.

No master at a university may lease any land unless 1/3 of it is

retained for crop-raising to supply the colleges and halls for

food for their scholars.

Persons with 100s. in goods or 40s. in lands shall find two able

men in their parish community to repair the highways yearly.

Landowners of Oxford shall be taxed for the repair of the highway

and bridge there.

Woods around London shall not be felled to be converted to coals

for iron-works because London needs the wood to make buildings

and for fire-places.

Every melter and maker of wax from honeycombs shall put his mark

on every piece of his wax to be sold. Wrought wax such as in

lights, staff-torches, red wax or sealing wax, book candles, or

searing candles shall bear its maker's mark. All barrels of

honey shall bear the mark of the honeymaker.

Wool cloth, cotton cloth, flannel cloth, hose-yarn, hats, and

caps shall be dyed black only with dye from the woad plant and

not with any false black dye.

No one shall take or kill any pheasants with nets or devices at

nighttime because such have become scarce.

Lands, tenements, goods and chattels of accountants teller, or

receiver who are in debt may be obtained by court order to

satisfy the debt by garnishing the heir of the debtor after the

heir has reached 21 and for the 8 years next ensuing.

Fraudulent and secret conveyances made to retain the use of one's

land when one sells the land to a bona fide purchaser for value

in fee simple, fee tail, for life, for lives, or for years are

void.

No new iron mills or furnaces for making or working of any iron

or iron metal shall be established in the country around London

and the owners of carriages of coals, mines and iron which have

impaired or destroyed the highways shall also carry coal ashes,

gravel, or stone to repair these highways or else make a payment

of 2s.6d. for each cart load not carried.

No one shall bribe an elector to vote for a certain person for

fellow, scholar, or officer of a college, school, or hall or

hospital so that the fittest persons will be elected, though

lacking in money or friends, and learning will therefore be

advanced.

Cottage and dwelling houses for workmen or laborers in mineral

works, coal mines, or quarries of stone or slate for the making

of brick, tile, lime, or coals shall be built only within a mile

from such works. Dwelling houses beyond this must be supported

by four acres of land to be continually occupied and manured as

long as the dwelling house is inhabited or forfeit 40s. per month

to the Queen. Cottages and dwelling houses for sailors or

laborers working on ships for the sea shall be built only within

a mile of the sea. A cottage may be built in a forest or park

for a game-keeper of the deer. A cottage may be built for a

herd-man or shepherd for the keeping of cattle or sheep of the

town. A cottage may be built for a poor, lame, sick, aged, or

disabled person on waste or common land. More families than one

may not be placed in one cottage or dwelling house.

A vagabond or mighty strong beggar [able to work] shall be

whipped.

Any person with land in fee-simple may establish a hospital,

abiding place, or house of correction to have continuance

forever as a corporation for the sustenance and relief of the

maimed, poor, or disabled people as to set the poor to work. The

net income shall not exceed 40,000s. yearly.

Troops of vagabonds with weapons in the highways who pretend to

be soldiers or mariners have committed robberies and murders. So

all vagabonds shall settle down in some service or labor or

trade.

Pontage [toll for upkeep and repair of bridges] shall be taken at

certain bridges: carts 2d., horse and pack 1d., a flock of sheep

2d.

Crown officials such as treasurers, receivers, accountants, and

revenue collectors shall not embezzle Crown funds and shall be

personally liable for arrears.

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

forfeit 20s. per month. Two Justices of the Peace may commit to

jail 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 houses.

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 a common rogue or vagabond subject

to imprisonment and punishment.

Defendants may not petition to remove a case to the Westminster

courts after a jury is selected because such has resulted in

unnecessary expense to plaintiffs and delay for defendants in

which they suborn perjury by obtaining witnesses to perjure

themselves.

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.

Persons forcibly taking others across county lines to hold them

for ransom and those taking or giving blackmail money and those

who burn barns or stacks of grain shall be declared felons and

shall suffer death, without any benefit of clergy or sanctuary.

A proclamation in 1601 reformed the hated monopolies.

No bishop may lease land for more than twenty-one years in or

three lives.

No bishop may alienate any possession of their sees to the crown.

Such are void.

Stewards of leet and baron courts may no longer receive, in their

own names, profits of the court over 12d. since they have vexed

subjects with grievous fines and amercements so that profits of

justice have grown much.

Incorrigible and dangerous rogues shall be branded with an "R"

mark on the left shoulder and be put to labor, because

banishment did not work as they came back undetected. If one is

caught again begging, he shall be deemed a felon.

Benefit of clergy may not be had for stabbing a person who has no

weapon drawn, if he dies within six months.

Any innkeeper, victualler, or alehouse keeper who allows drinking

by persons other than those invited by a traveler who

accompanies him during his necessary abode there and other than

laborers and handicraftsmen in towns upon the usual working days

for one hour at dinner time to take their diet in an alehouse and

other than laborers and workmen following their work to any given

town to sojourn, lodge, or victual in any inn, alehouse or

victuallinge house shall forfeit 10s. for each offense. This is

because the use of inns, alehouses, and victuallinge houses was

intended for relief and lodgings of travelling people and people

not able to provide their own victuals, but not for entertainment

and harboring of lewd and idle people who become drunk.

If a person marries a second time while the first spouse is still

living, it shall be a felony and thus punishable by death.

Watermen transporting people on the Thames River shall have

served as apprentice to a waterman for five years or have been

the son of a waterman. This is to prevent the loss of lives and

goods by inexperienced watermen.

No one may make any hat unless he has served as apprentice for at

least seven years. This is to prevent false and deceitful

hat-making by unskillful persons.

Spices and drugs, including pepper, cloves, mace, nutmeg,

cinnamon, ginger, almonds, and dates, which have usually been

garbled shall be garbled, cleaned, sorted, and sealed by the

Garbler before sale. This is to prevent mingled, corrupt, and

unclean spices and drugs from being sold.

Plasterers shall cease painting because it has intruded upon the

livelihoods of painters who have been apprenticed as such.

Pawn brokers accepting stolen goods shall forfeit twice their

value to the owner from whom stolen.

No butcher may cut any hide or any ox, bull, steer, or cow so

that it is impaired or may kill any calf under five weeks old.

No butcher may be a tanner. No one may be a tanner unless

apprenticed as such for seven years or the son or wife of a

tanner who has tanned for four years or a son or daughter of a

tanner who inherits his tanhouse. Tanners may not be shoemakers,

curriers, butchers, or leatherworkers. Only tanners may buy raw

hides. Only leatherworkers may buy leather. Only sufficiently

strong and substantial leather may be used for sole- leather.

Curriers may not be tanners. Curriers may not refuse to curry

leather. London searchers shall inspect leather, seal and mark

that which is sufficient, and seize any that is insufficiently

tanned, curried, wrought, or used.

Fishermen and their guides may continue to use the coastland for

their fishing activities despite the trespass to landowners.

Since sails for ships in recent years have been made in the realm

instead of imported, none shall make such cloth unless he has

been apprenticed in such or brought up in the trade for seven

years. This is to stop the badness of such cloth.

Any person killing any pheasant, partridge, dove, pigeon, duck or

the like with any gun, crossbow, stonebow, or longbow, or with

dogs and nets or snares, or taking the eggs of such from their

nests, or tracing or taking hares in the snow shall be

imprisoned for three months unless he pays 20s. per head or,

after one month's imprisonment, have two sureties bound for

400s. This is because the past penalty of payment hasn't

deterred offenders, who frequently cannot pay.

Persons affected by the plague may not leave their houses or be

deemed felons and suffer death. This is to avoid further

infection. The towns may tax their inhabitants for the relief of

infected persons.

Tonnage [tax per ton] and poundage [tax per pound] on goods

exported and imported shall be taken to provide safeguard of the

seas for such goods.

Judicial Procedure

Jurors shall be selected from those people who have at least 80s.

annual income instead of 40s. because sheriffs have been taking

bribes by the most able and sufficient freeholders to be spared

at home and the poorer and simpler people, who are least able to

discern the causes in question, and most unable to bear the

charges of appearance and attendance in such cases have been the

jurors.

Defendants sued or informed against upon penal statutes may

appear by attorney so that they may avoid the inconvenience of

traveling a long distance to attend and put to bail.

No only sheriffs, but their employees who impanel juries or

execute process in the courts shall take an oath of office.

A hundred shall answer for any robbery therein only if there has

been negligence or fault in pursuit of the robber after a hue

and cry is made because the past law has been too harsh and

required payment for offenses from people unable to pay who have

done everything reasonable to catch the robber.

The Star Chamber became the central criminal court after 1560,

and punished perjury, corruption, malfeasance throughout the

legal system such as jury corruption and judicial bribery,

rioting, slander, and libel. Punishments were imprisonment,

fines, the pillory, ear-cropping, whipping, but not death. This

court interrogated the accused, with torture is necessary, and

heard witnesses in camera [not in the presence of the accused].

The court of High Commission took over criminal cases formerly

heard by the church courts.

Suits on titles to land were restricted to the common law courts

and no longer to be heard in the Star Chamber, Chancery Court,

or in the Court of Requests (equity for poor people).

The Queen's Privy Council frequently issued orders to Justices of

the Peace, for instance to investigate riots and crimes, to

enforce the statutes against vagrancy and illegal games, to

regulate alehouses, to ensure that butchers, innkeepers, and

victuallers did not sell meat on fish days, and to gather

information needed from the counties.

The Judges of Assize rode on circuit twice a year to enforce the

criminal law and reported their assessment of the work of the

Justices of the Peace back to the Privy Council. Accused people

could wait for years in jail before their case was heard.

The Privy Council investigated sedition and treason, security of

the regime, major economic offenses, international problems,

civil commotion, officials abusing their positions, and persons

perverting the course of justice. The formal trials of these

offenses would be held elsewhere.

The duty to hear and determine felonies was taken from Justices

of the Peace by 1590. The Judges of Assize did this work.

Felonies included breach of prison, hunting by night with

painted faces, taking horses to Scotland, stealing of hawks'

eggs, stealing cattle, highway robbery, robbing on the sea,

robbing houses, letting out of ponds, cutting of purses,

deer-stealing at night, conjuring and witchcraft, diminution of

coin, counterfeiting of coins, and impenitent roguery and

idleness. The penalty was beheading.

The Justices of the Peace decided misdemeanors such as abduction

of heiresses, illegal entry, petty thievery, damage to crops,

fence-breaking, brawling, personal feuds, drunken pranks,

swearing, profanation of the Sabbath, alehouse nuisances,

drunkenness, perjury, and malfeasance by officials. They held

petty and quarter sessions. Many people were hanged for the

felony of theft over 12d. Some bold men accused of felony

refused to plead so that they could not be tried and found

guilty. They died of heavy weights being placed on their bodies.

But then their property could go to their heirs.

The Justices of the Peace had administrative duties in control of

vagrancy, upkeep of roads and bridges, and arbitration of

lawsuits referred to them by courts. They listed the poor in

each parish community, assessed rates for their maintenance, and

appointed overseers to administer the welfare system, deploying

surplus funds to provide houses of correction for vagrants. Raw

materials such as wool, flax, hemp, and iron were bought upon

which the able-bodied unemployed could be set to work at the

parochial level. They determined wages in their districts, with

no statutory ceiling on them, for all laborers, weavers,

spinsters, workmen and workwomen working by the day, week,

month, or year, or taking any work at any person's hand,. There

were about 50 Justices of the Peace per county. All were unpaid.

They performed these duties for the next 200 years.

The Court of Queen's Bench and Exchequer indirectly expanded

their jurisdiction to include suits between citizens, formerly

heard only the Court of Common Pleas or Chancery. Chancery

interrogated defendants. Chancery often issued injunctions

against suits in the common law courts. Trial by battle was very

rare.

Pleadings had to be in writing and oral testimony was given by

sworn witnesses. Case decisions are in books compiled by various

reporters who sit in on court hearings rather than in year

books.

In the common law courts, the action of assumpsit for enforcing

certain promises is used more than the action of debt in those

cases where there is a debt based on an agreement. The essential

nature of "consideration" in contract is evolving from the

procedural requirements for the action of assumpsit.

Consideration may consist in mutual promises, a precedent debt,

or a detriment incurred by one who has simultaneously received a

promise related to the detrimental action. Consideration must be

something, an act, or forbearance of an act that is of value.

For instance, forbearance to sue a worthless claim is not

consideration.

The abstract concept of contract as an agreement between two

parties which is supported by consideration is developing as the

number of various agreements that are court enforceable expands.

For instance the word "consideration" is used in Hayward's Case

in 1595 in the Court of Wards on the construction of a deed. Sir

Rowland Hayward was seised in fee of the Doddington manor and

other lands and tenements, whereof part was in demesne, part in

lease for years with rents reserved, and part in copyhold, by

indenture, "in consideration of a certain sum of money" paid to

him by Richard Warren and others, to whom he demised, granted,

bargained and sold the said manor, lands and tenements, and the

reversions and remainders of them, with all the rents reserved

upon any demise, to have and to hold to them and their assigns,

presently after the decease of Sir Rowland, for the term of 17

years. It was held that the grantees could elect to take by

bargain and sale or by demise, each of which had different

consequences.

In another case, A delivered 400s. to B to the use of C, a woman,

to be delivered to her on the day of her marriage. Before this

day, A countermanded it, and called home the money. It was held

in the Chancery Court that C could not recover because "there is

no consideration why she should have it".

In a case concerning a deed, A sold land to B for 400s., with

confidence, that it would be to the use of A. This bargain "hath

a consideration in itself ... and such a consideration is an

indenture of bargain and sale". It was held that the transaction

was not examinable except for fraud and that A was therefore

estopped.

A court reporter at the King's Bench formulated two principles on

consideration of the case of Wilkes against Leuson as: "The heir

is estopped from falsifying the consideration acknowledged in

the deed of feoffment of his ancestor. Where a tenant in capite

made a feoffment without consideration, but falsely alleged one

in the deed on an office finding his dying seised, the master of

the wards cannot remove the feoffees on examining into the

consideration, and retain the land until &c. and though the heir

tended, still if he do not prosecute his livery, the Queen must

admit the feoffees to their traverse, and to have the farm, &c."

The court reporter summarized this case as follows: Wilkes, who

was merchant of the staple, who died in February last past, made

a feoffment in the August before his death to one Leuson, a

knight, and his brother, and another, of the manor of Hodnel in

the county of Warwick; and the deed,(seen) for seven thousand

pounds [140,000s.] to him paid by the feoffees, of which sum he

made acquittance in the same deed (although in fact and in truth

not a half-penny was paid), gave, granted, and confirmed &c

"habendum eir et hoeredibus suis in perpetuum, ad proprium opus

et usum ipsorum A. B. et C. in perpetuum," and not "hoeredum

suorum," together with a clause of warranty to them, their heirs

and assigns, in forma proedicta: and notwithstanding this

feoffment he occupied the land with sheep, and took other

profits during his life; and afterwards his death was found on a

diem clausit extremum by office, that he died seised of the said

manor in fee, and one I. Wilkes his brother of full age found his

next heir, and a tenure in capite found, and now within the

three months the said feoffees sued in the court of wards to be

admitted to their traverse, and also to have the amnor in farm

until &c. And although the said I. Wilkes the brother had

tendered a livery, yet he had not hitherto prosecuted it, but for

cause had discontinued. And whether now the master of the

wards at his discretion could remove the feoffees by injunction

out of possession upon examination of the said consideration of

the said feoffment which was false, and none such in truth, and

retain it in the hands of the Queen donec et quousque &c. was a

great question. And by the opinion of the learned counsel of

that court he cannot do it, but the Queen is bound in justice to

give livery to him who is found heir by the office, or if he

will not proceed with that, to grant to the tenderers the

traverse, and to have the farm, &c. the request above mentioned.

And this by the statutes ... And note, that no averment can be

allowed to the heir, that the said consideration was false

against the deed and acknowledgment of his ancestor, for that

would be to admit an inconvenience. And note the limitation of

the use above, for divers doubted whether the feoffees shall

have a fee-simple in the sue, because the use is not expressed,

except only "to themselves (by their names) for ever;" but if

those words had been wanting, it would have been clear enough

that the consideration of seven thousand pounds had been

sufficient, &c. for the law intends a sufficient consideration

by reason of the said sum; but when the use is expressed

otherwise by the party himself, it is otherwise. And also the

warranty in the deed was "to them, their heirs, and assigns, in

form aforesaid," which is a declaration of the intent of Wilkes,

that the feoffees shall not have the use in fee simple; and it

may be that the use, during their three lives, is worth seven

thousand pounds, and more &c. And suppose that the feoffment had

been "to have to them and their heirs to the proper use and

behoof of them the feoffees for the term of their lives for

ever for seven thousand pounds," would they have any other

estate than for the term of their lives in the use? I believe

not; and so in the other case.

A last example of a case concerning consideration is that of

Assaby and Others against Lady Anne Manners and Others. The

court reporter characterized the principle of the case as: "A.

in consideration of his daughter's marriage covenants to stand

seised to his own use for life, and that at his death she and

her husband shall have the land in tail, and that all persons

should stand seised to those uses, and also for further

assurance. After the marriage he bargains and sell with fine and

recovery to one with full notice of the covenants and use; this

is of no avail, but on the death of A. the daughter and her

husband may enter." The court reporter summarized this case as

follows: A. was seised of land in fee, and in consideration of a

marriage to be had between his daughter and heir apparent, and

B. son and heir apparent of C. he covenanted and agreed by

indenture with C. that he himself would have, hold, and retain

the land to himself, and the profits of during his life, and

that after his decease the said son and daughter should have the

land to them and to the heirs of their two bodies lawfully

begotten, and that all persons then or afterwards seised of the

land should stand and be seised immediately after the marriage

solemnized to the use of the said A. for the term of his life,

and after his death to the use of the said son and daughter in

tail as above, and covenanted further to make an assurance of

the land before a certain day accordingly &c. and then the

marriage took effect; and afterwards A. bargained and sold the

land for two hundred marks [2,667s.](of which not a penny is

paid) to a stranger, who had notice of the first agreements,

covenants, and use, and enfeoffed divers persons to this last

use, against whom a common recovery was had to his last use; and

also A. levied a fine to the recoverers before any execution

had, and notwithstanding all these things A. continued

possession in taking the profits during his life; and afterwards

died; and the son and daughter entered, and made a feoffment to

their first use. And all this matter was found in assize by

Assaby and others against Lady Anne Manners and others. And

judgment was given that the entry and feoffment were good and

lawful, and the use changed by the first indenture and agreement.

Yet error was alleged. The judgment in the assize is

affirmed.

The famous Shelley's Case stands for the principle that where in

any instrument an estate for life is given to the ancestor, and

afterwards by the same instrument, the inheritance is limited

whether mediately, or immediately, to his heirs, or heirs of his

body, as a class to take in succession as heirs to him, the word

"heirs" is a word of limitation, and the ancestor takes the whole

estate. For example, where property goes to A for life and the

remainder goes to A's heirs, A's life estate and the remainder

merge into a fee in A.

Edward Shelley was a tenant in tail general. He had two sons. The

older son predeceased his father, leaving a daughter and his

wife pregnant with a son. Edward had a common recovery (the

premises being in lease for years) to the use of himself for

term of his life, after his decease to the use of the male heirs

of his body, and of the male heirs of the body of such heirs,

remainder over. After judgment and the awarding of the writ of

seisin, but before its execution, Edward died. After his death,

and before the birth of his older son's son, the writ of seisin

was executed. The younger son entered the land and leased it to a

third party. Afterwards, the son of the older son was born. He

entered the land and ejected the third party. It was held that

the younger son had taken quasi by descent until the birth of

the older son's son. The entry by the older son's son was

lawful. The third party was lawfully ejected. (Shelley's Case,

King's Bench, 1581, English Reports - Full Reprint, Vol. 76,

Page 206.)