OUR LEGAL HERITAGE: King AEthelbert - King George III
S. A. Reilly author
- The Times: 1601-1625 - Due in part to increasing population, the prices of foodstuffs had risen sixfold from the later 1400s, during which it had been stable. This inflation gradually impoverished those living on fixed wages. Landlords could insist on even shorter leases and higher rents. London quadrupled in population. Many lands that were in scattered strips, pasture lands, waste lands, and lands gained from drainage and disafforestation were enclosed for the introduction of convertible agriculture (e.g. market-oriented specialization) and only sometimes for sheep. The accompanying extinguishment of common rights was devastating to small tenants and cottagers. Gentry and yeomen benefited greatly. There was a gradual consolidation of the land into fewer hands and demise of the small family farm. In towns, the mass of poor, unskilled workers with irregular work grew. Prices finally flattened out in the 1620s. Society became polarized with a wealthy few growing wealthier and a mass of poor growing poorer. This social stratification became a permanent fixture of English society. Poverty was no longer due to death of a spouse or parent, sickness or injury, or a phase in the life cycle such as youth or old age. Many full-time wage earners were in constant danger of destitution. More subdivided land holdings in the country made holdings of cottagers miniscule. But these were eligible for parish relief under the poor laws. Beside them were substantial numbers of rogues and vagabonds wandering the roads. These vagrants were usually young unmarried men. There were no more licensed liveries of lords. During the time 1580 to 1680, there were distinct social classes in England which determined dress, convention in comportment which determined face-to-face contacts between superiors and inferiors, order of seating in church, place arrangement at tables, and rank order in public processions. It was influenced by power, wealth, life-style, educational level, and birth. These classes lived in separate worlds; their paths did not cross each other. People moved only within their own class. Each class had a separate existence as well as a different life style from the other classes. So each class developed a wariness of other classes. However, there was much social mobility between adjacent classes. At the top were the gentry, about 2% of the population. Their's was a landed wealth with large estate mansions. They employed many servants and could live a life of leisure. Their lady wives often managed the household with many servants and freely visited friends and went out shopping, riding, or walking. They conversed with neighbors and made merry with them at childbirths, christenings, churchings, and funerals. Gentlemen usually had positions of responsibility such as lords of manors and leaders in their parishes. These families often sent the oldest son to university to become a Justice of the Peace and then a member of Parliament. They also served as justices and as county officers such as High Constable of their hundred and grand jury member. Their social, economic, and family ties were at least county-wide. They composed about 700 gentle families, including the peers, who had even more landed wealth, which was geographically dispersed. After the peers were: baronets (created in 1611), knights, esquires, and then ordinary gentlemen. These titles were acquired by being the son of such or purchase. Most gentry had a house in London, where they spent most of their time, as well as country mansions. About 4/5 of the land was in the hands of 7,000 of the nobility and landed gentry due in part to entails constructed by attorneys to favor hereditary interests. The gentry had also profited by commerce and colonial possessions. The country life of a country squire or gentleman dealt with all the daily affairs of a farm. He had men plough, sow, and reap. He takes part in the haying and getting cut grass under cover when a rain came. His sow farrows, his horse is gelded, a first lamb is born. He drags his pond and takes out great carps. His horses stray and he finds them in the pound. Boys are bound to him for service. He hires servants, and some work out their time and some run away. His hog is stabbed. Knaves steal his sheep. He and a neighbor argue about the setting up of a cottage. He borrows money for a daughter's dowry. He holds a leet court. He attends church on Sunday and reads the lesson when called upon. He visits the local tavern to hear from his neighbors. Country folk brawl. Wenches get pregnant. Men commit suicide, usually by hanging. Many gentlemen spent their fortunes and died poor. New gentlemen from the lower classes took their place. The second class included the wealthier merchants and professional men of the towns. These men were prominent in town government. They usually had close family ties with the gentry, especially as sons. When wealthy enough, they often bought a country estate. The professional men included military officers, civil service officials, attorneys, some physicians, and a few clergymen. The instabilities of trade, high mortality rates in the towns, and high turnover rate among the leading urban families prevented any separate urban interest group arising that would be opposed to the landed gentry. Also included in this second group were the most prosperous yeomanry of the countryside. The third class was the yeomanry at large, which included many more than the initial group who possessed land in freehold of at least 40s., partly due to inflation. Freehold was the superior form of holding land because one was free to sell, exchange, or devise the land and had a political right to vote in Parliamentary elections. Other yeomen were those who possessed enough land, as copyholder or leaseholder, to be protected from fluctuations in the amount of the annual harvest, that is, at least 50 acres. A copyholder rented land from a lord for a period of years or lives, usually three lives including that of the widow, and paid a substantial amount whenever the copyhold came up for renewal. The copyholder and leaseholder were distinguished from the mere tenant-at-will, whose only right was to gather his growing crop when his landlord decided to terminate his tenancy. The average yeoman had a one and a half story house, with a milkhouse, a malthouse, and other small buildings attached to the dwelling. The house would contain a main living room, a parlor, where there would be one or more beds, and several other rooms with beds. No longer was there a central great hall. Cooking was done in a kitchen or over the open fire in the fireplace of the main room. Furniture included large oak tables, stools, settes or forms, chests, cupboards, and a few hard-backed simple chairs. Dishware was wood or pewter. The yeomen were among those who governed the nation. They often became sureties for recognizances, witnesses to wills, parish managers, churchwardens, vestrymen, the chief civil officers of parishes and towns, overseers of the poor, surveyors of bridges and highways, jurymen and constables for the Justices of the Peace, and sheriffs' bailiffs. The families and servants of these yeomen ate meat, fish, wheaten bread, beer, cheese, milk, butter, and fruit. Their wives were responsible for the dairy, poultry, orchard, garden, and perhaps pigs. They smoked and cured hams and bacon, salted fish, dried herbs for the kitchen or of lavender and pot-pourri for sweetening the linen, and arranged apples and roots in lofts or long garrets under the roof to last the winter. They preserved fruits candied or in syrup. They preserved wines; made perfumes, washes for preserving the hair and complexion, rosemary to cleanse the hair, and elder-flower water for sunburn; distilled beverages; ordered wool hemp, and flax to spin for cloth (the weaving was usually done in the village); fashioned and sewed clothes and house linens; embroidered; dyed; malted oats; brewed; baked; and extracted oils. Many prepared herb medicines and treated injuries, such as dressing wounds, binding arteries, and setting broken bones. Wives also ploughed and sowed, weeded the crops, and sheared sheep. They sometimes cared for the poor and sold produce at the market. Some yeomen were also tanners, painters, carpenters, or blacksmiths; and as such they were frequently brought before the Justices of the Peace for exercising a craft without having served an apprenticeship. The third class also included the freemen of the towns, who could engage independently in trade and had political rights. These were about one-third of the male population of the town. The fourth class included the ordinary farmer leasing by copyhold, for usually 21 years, five to fifty acres. From this class were drawn sidesmen [assistants to churchwardens] and constables. They had neither voice nor authority in government. Their daily diet was bacon, beer, bread, and cheese. Also in this class were the independent urban craftsmen who were not town freemen. Their only voice in government was at the parish level. The fifth and lowest class included the laborers and cottagers, who were usually tenants at will. They were dependent on day labor. They started work at dawn, had breakfast for half an hour at six, worked until dinner, and then until supper at about six; in the summer they would then do chores around the barns until eight or nine. Some were hedgers, ditchers, ploughmen, reapers, shepherds, and herdsmen. The cottagers' typical earnings of about 1s. a day amounted to about 200 shillings a year, which was almost subsistence level. Accordingly they also farmed a little on their four acres of land with garden. Some also had a few animals. They lived in a one or two room cottage of clay and branches of trees or wood, sometimes with a brick fireplace and chimney, and few windows. They ate bread, cheese, lard, soup, and greens. If a laborer was unmarried, he lived with the farmer. Theirs was a constant battle for survival. They often moved because of deprivation to seek opportunity elsewhere. The town wage-earning laborers ranged from journeymen craftsmen to poor casual laborers. The mass of workers in London were not members of guilds, and the crime rate was high. The last three classes also contained rural craftsmen and tradesmen, who also farmed. The variety of trades became very large, e.g. tinsmiths, chain smiths, pewterers, violin makers, and glass painters. The curriers, who prepared hides for shoemakers, coachmakers, saddlers, and bookbinders, were incorporated. The fourth and fifth classes comprised about three fourths of the population. Then there were the maritime groups: traders, shipowners, master and seamen, and the fishers. Over one fourth of all households had servants. They were the social equals of day laborers, but materially better off with food and clothing plus an allowance of money of two pounds [40s.] a year. Those who sewed got additional pay for this work. There was no great chasm between the family and the servants. They did not segregate into a parlor class and a kitchen class. The top servants were as educated as their masters and ate at the same table. Great households had a chaplain and a steward to oversee the other servants. There was usually a cook. Lower servants ate together. Servants were disciplined by cuffs and slaps and by the rod by master or mistress. Maids wore short gowns, a large apron, and a gypsy hat tied down over a cap. Chamber maids helped to dress their mistresses. Servants might sleep on trundle beds stored under their master's or mistress's bed, in a separate room, or on the straw loft over the stables. A footman wore a blue tunic or skirted coat with corded loop fasteners, knee-britches, and white stockings. He walked or ran on foot by the side of his master or mistress when they rode out on horseback or in a carriage and ran errands for him, such as leading a lame horse home or running messages. A good footman is described in this letter: "Sir, - You wrote me lately for a footman, and I think this bearer will fit you: I know he can run well, for he has run away twice from me, but he knew the way back again: yet, though he has a running head as well as running heels (and who will expect a footman to be a stayed man) I would not part with him were I not to go post to the North. There be some things in him that answer for his waggeries: he will come when you call him, go when you bid him, and shut the door after him; he is faithful and stout, and a lover of his master. He is a great enemy to all dogs, if they bark at him in his running; for I have seen him confront a huge mastiff, and knock him down. When you go a country journey, or have him run with you a-hunting, you must spirit him with liquor; you must allow him also something extraordinary for socks, else you must not have him wait at your table; when his grease melts in running hard, it is subject to fall into his toes. I send him to you but for trial, if he be not for your turn, turn him over to me again when I come back..." Dress was not as elaborate as in Elizabethan times. For instance, fewer jewels were worn. Ladies typically wore a brooch, earrings, and pearl necklaces. Men also wore earrings. Watches with elaborate cases were common. Women's dresses were of satin, taffeta, and velvet, and were made by dressmakers. Pockets were carried in the hand, fastened to the waist by a ribbon, or sewn in petticoats and accessible by a placket opening. The corset was greatly reduced. Women's hair was in little natural-looking curls, a few small tendrils on the forehead with soft ringlets behind the ears, and the back coiled into a simple knot. Men also wore their hair in ringlets. They had pockets in their trousers, first as a cloth pouch inserted into an opening in the side seam, and later sewn into the side seam. The bereaved wore black, and widows wore a black veil over their head until they remarried or died. Rouge was worn by lower class women. The law dictating what clases could wear what clothes was difficult to enforce and the last one was in 1597. Cotton chintzes, calicoes, taffetas, muslins, and ginghams from India were fashionable as dress fabrics. Simple cotton replaced linen as the norm for napkins, tablecloths, bed sheets, and underwear. Then it became the fashion to use calicoes for curtains, cushions, chairs, and beds. Its inexpensiveness made these items affordable for many. There was a cotton-weaving industry in England from about 1621, established by cotton workmen who fled to England in 1585 from Antwerp, which had been captured. By 1616, there were automatic weaving looms in London which could be operated by a novice. Toothbrushes, made with horsehair, were a new and costly luxury. Even large houses now tended to do without a courtyard and became compacted into one soaring and stately whole. A typical country house had deep-set windows of glass looking into a walled green court with a sundial in it and fringed around with small trees. The gables roofs are steep and full of crooks and angles, and covered with rough slate if there was a source for such nearby. There was an extensive use of red tile, either rectangular or other shapes and with design such as fishscales. The rooms are broad and spacious and include hall, great parlor, little parlor, matted chamber, and study. In the hall was still the great, heavy table. Dining tables were covered with cloth, carpet, or printed leather. Meals were increasingly eaten in a parlor. Noble men preferred to be waited upon by pages and grooms instead of by their social equals. After dinner, they deserted the parlor to retire into drawing rooms for conversation and desserts of sweet wine and spiced delicacies supplemented by fruit. Afterward, there might be dancing and then supper. In smaller parlors, there was increasing use of oval oak tables with folding leaves. Chests of drawers richly carved or inlaid and with brass handles were coming in. Walls were wainscotted and had pictures or were hung with tapestry. Carpets, rugs, and curtains kept people warm. There were many stools to sit on, and some arm chairs. Wide and handsome open staircases separated the floors, instead of the circular stone closed stairwells. Upstairs, the sitting and bedrooms open into each other with broad, heavy doors. Bedrooms had four-post beds and wardrobes with shelves and pegs. Under the roof are garrets, apple-lofts, and root-chambers. Underneath is a cellar. Outside is a farmyard with outbuildings such as bake house, dairy, cheese- press house, brewery, stilling house, malt house, wood house, fowl house, dove cot, pig stye, slaughter-house, barns, stable, and sometimes a mill. There were stew-ponds for fish and a park with a decoy for wild fowl. There was also a laundry, carpenter's bench, blacksmith's forge, and pots and equipment of a house painter. In the 1600s, towns were fortified by walled ditch instead of relying on castles, which couldn't contain enough men to protect the townspeople. Also in towns, water was supplied by local pumps and wells. Also, floors were of polished wood or stone and strewn with rushes in the country. A ladies' attendant might sleep the same bedroom on a bed which slid under the ladies' bed. Apprentices and shop boys had to sleep under the counter. Country laborers slept in a loft on straw. Bread was made in each household. There were bedroom chairs with enclosed chamber pots. Wood fires were the usual type. Coal was coming in to use in the towns and near coal mines. Charcoal was also used. Food was roasted on a spit over a fire, baked, or broiled. People still licked their fingers at meals. The well-to-do had wax candles. Tallow dips were used by the poor and for the kitchen. People drank cordials and home-made wines made with grapes, currants, oranges, or ginger. Some mead was also drunk. Tobacco, potatoes, tea, asparagus, kidney beans, scarlet runners, cardoons (similar to artichokes), horse-radish, sugar-cane, and turkeys for Christmas, were introduced from the New World, China, and India. Tea was a rare and expensive luxury. Coffee was a new drink. With the cane sugar was made sweetened puddings, pies, and drinks. The potato caused the advent of distillation of alcohol from fermented potato mashes. There was a distiller's company by 1638. Distilleries' drinks had higher alcoholic content than wine or beer. The Merchant Adventurers sold in town stores silks, satins, diamonds, pearls, silver, and gold. There were women peddlers selling hats and hosiery from door to door and women shopkeepers, booksellers, alehouse keepers, linen drapers, brewers, and ale- wives. London had polluted air and water, industrial noise, and traffic congestion. Work on farms was still year-round. In January and February, fields were plowed and harrowed and the manure spread. Also, trees and hedges were set, fruit trees pruned, and timber lopped. In March and April, the fields were stirred again and the wheat and rye sown. In May gardens were planted, hop vines trained to poles, ditches scoured, lambs weaned, and sheep watched for "rot". In June sheep were washed and sheared, and fields were spread with lime and clay, and manured. In July hay was cut, dried, and stacked. In August crops were harvested, which called for extra help from neighbors and townsmen who took holidays at harvesting. Then there was threshing, and the sowing of winter wheat and rye. In the autumn, cider from apples and perry from pears may be made. By November the fall planting was finished and the time had come for the killing of cattle and hanging up their salted carcasses for winter meat. Straw would be laid down with dung, to be spread next spring on the fields. Stock that could not live outdoors in winter were brought into barns. Government regulated the economy. In times of dearth, it ordered Justices of the Peace to buy grain and sell it below cost. It forbade employers to lay off workers whose products they could not sell. It used the Star Chamber Court to enforce economic regulations. There were food riots usually during years of harvest failure, in which organized groups seized foodstuffs being transported or in markets, and enclosure riots, in which organized groups destroyed hedges and fences erected in agrarian reorganization to restrict access to or to subdivide former common pasture land. These self- help riots were last resorts to appeals and were orderly. The rioters were seldom punished more than a fining or whipping of the leaders and action was taken to satisfy the legitimate grievances of the rioters. The poor came to resent the rich and there was a rise in crime among the poor. Penal laws were frequently updated in an effort to bring more order. Enclosures of land were made to carry on improved methods of tillage, which yielded more grain and more sheep fleece. Drainage of extensive marsh land created more land for agriculture. Waste land was used to breed game and "fowling" contributed to farmers' and laborers' livelihoods. Killing game was not the exclusive right of landowners, but was a common privilege. The agricultural laborer, who worked for wages and composed most of the wage- earning population, found it hard to make ends meet. In 1610, weekly wages for a mason were 8s. or 5s., for a laborer were 6s. or 4s., for a carpenter 8s. or 6s. An unskilled laborer received 1s. a day. There were conventions of paternalism and deference between neighbors of unequal social status. A social superior often protected his lessers from impoverishment For instance, the landlord lessened rents in times of harvest failure. A social superior would help find employment for a lesser person or his children, stand surety for a recognizance, intervene in a court case, or have his wife tend a sick member of his lesser's family. A social obligation was felt by most of the rich, the landlords, the yeomen farmers, and the clergy. This system of paternalism and social deference was expressed and reinforced at commonly attended village sports and games, dances, wakes and "ales" (the proceeds of which went to the relief of a certain person in distress), "rush-bearings", parish feasts, weddings, christenings, "churchings" to give thanks for births, and funerals. Even the poor were buried in coffins. Also there was social interaction at the local alehouse, where neighbors drank, talked, sung, and played at bowls or "shove goat" together. Quarrelling was commonplace. For instance, borough authorities would squabble over the choice of a schoolmaster; the parson would carry on a long fight with parishioners over tithe hens and pigs; two country gentlemen would continue a vendetta started by their great-grandfathers over a ditch or hunting rights; the parishioners would wrangle with the churchwardens over the allocation of pews. The position of one's pew reflected social position. Men tried to keep the pews of their ancestors and the newly prosperous wanted the recognition in the better pews, for which they had to pay a higher amount. But, on the other hand, farmers were full of good will toward their neighbors. They lent farm and kitchen equipment, helped raise timbers for a neighbor's new barn, sent food and cooked dishes to those providing a funeral feast and to the sick and incurable. Village standards of behavior required that a person not to drink to excess, quarrel, argue, profane, gossip, cause a nuisance, abuse wife or children, or harbor suspicious strangers, and to pay scot and bear lot as he was asked. Neighbors generally got along well and frequently borrowed and loaned small sums of money to each other without interest for needs that suddenly arose. Bad behavior was addressed by mediation and, if this failed, by exclusion from holy communion. There was also whipping and the stocks. Marital sex was thought to be good for the health and happiness of the husband and enjoyable by wives. The possibility of female orgasm was encouraged. Both women and men were thought to have "seed" and drank certain potions to cause pregnancy or to prevent birth. Some argued that orgasm of both partners was necessary for the "seed" of the male and female to mix to produce pregnancy. Most women were in a virtual state of perpetual pregnancy. Both Catholics and Protestants thought that God wanted them to multiply and cover the earth. Catholics thought that the only goal of sex was procreation. Men were considered ready for marriage only when they could support a family, which was usually at about age 30. Brides were normally virgins, but there was bridal pregnancy of about 20%. Women usually married at about age 25. Marriages were usually within one's own class and religion. The aristocracy often initiated matches of their children for the sake of continuity in the family estates and tried to obtain the consent of their children for the match in mind. The age of consent to marry was 14 for boys and 12 for girls. Girls in arranged marriages often married at 13, and boys before they went to university. But the girls usually stayed with their parents for a couple of years before living with their husbands. If married before puberty, consummation of the marriage waited for such time. In other classes, the initiative was usually taken by the child. Dowries and marriage portions usually were given by the parents of the bride. Wet-nurses frequently were used, even by Puritans. There were no baby bottles. Many babies died, causing their parents much grief. About 1/4 of women's deaths occurred during childbirth. A child was deemed to be the husband's if he was within the four seas, i.e. not in foreign lands, for an agreed length of time. Illegitimacy was infrequent, and punished by church-mandated public penance by the mother and lesser penance and maintenance by the father. Adultery was subject to church court sanctions as was defamation for improper sexual conduct. The established church still taught that the husband was to be the authority in marriage and had the duty to provide for, protect, and maintain his wife. Wives were to obey their husbands, but could also admonish and advise their husbands without reproach. In literature, women were portrayed as inferior to men intellectually and morally as well as physically. In reality wives did not fit the image of women portrayed by the church and literature. Quarrels were not uncommon and were not stopped by a husband's assertion of authority. Wives were very active in the harvesting and did casual labor of washing, weeding, and stone-picking. Farmers' and tradesmen's wives kept accounts, looked after the garden, orchard, pigs, and poultry; brewed beer; spun wool and flax; and acted as agents in business affairs. Wives of craftsmen and tradesmen participated actively in their husbands' shops. Wives of weavers spun for their husband's employers. Wives of the gentry ran their households with their husbands. The lady of a large mansion superintended the household, ordering and looking after the servants, and seeing to the education of her children. Mothers handed down their recipes to their daughters. Women still did much needlework and embroidering for clothing and house, such as cushions, screens, bed curtains, window curtains, hangings, footstools, book covers, and small chests of drawers for valuables. Liking simplicity, Puritan women did less of this work. Naming one's wife as executor of one's will was the norm. Jointures were negotiated at the betrothal of ladies. Widows of manorial tenants were guaranteed by law one-third of family real property, despite creditors. But most testators went beyond this and gave a life interest in the farm or family house. So it was customary for a widow to remain in occupation of the land until her death or remarriage. Few widow or widowers lived with one of their children. Widows usually had their husband's guild rights and privileges conferred upon them, e.g. to receive apprentices. In London, custom gave 1/3 of a deceased husband's estate to his wife on his death, but 2/3 if there were no children. The other part went according to his will. If a widows did not remarry in memory of her husband, she was esteemed. But remarriage was common because the life expectancy after birth was about 35 years. Sons of the well-to-do went into law, the Church, the army, or the navy. If not fit for such, they usually went into a trade, apprenticing, for instance, with a draper, silk-merchant, or goldsmith. Sometimes a son was sent to the house of a great man as a page or esquire to learn the ways of courtiers and perhaps become a diplomat. The guild with its master and their employees was being replaced by a company of masters. About 5% of the population was Catholic, although it was against the law to practice this religion. Indeed it long been the practice to sequester their lands, punish them for going to mass, fine them for not attending the established church, banish their priests, and imprison those who aided priests. There was a Catholic plot in 1605 to blow up Parliament and the king with gunpowder and to restore Catholicism as the state religion with a Catholic king. It was discovered and the conspirators were executed. Then there was a crack-down on Catholics, with houses being searched for hiding places for priests. Also, legislation was passed barring Catholics from many offices. James I ruled over both England and Scotland. He had come from Scotland, so was unfamiliar with English love of their rights and passion for liberty and justice. When he came to the throne, he had a conference with a group of Puritans who asked for certain reforms: ceremonies such as the cross in baptism and the ring in marriage should not be used, only educated men competent to preach should be made ministers, bishops should not be allowed to hold benefices that they did not administer, and minor officials should not excommunicate for trifles and twelve-penny matters. He not only denied their requests, but had the English Bible revised into the King James version, which was published in 1611. This was to replace the popular Geneva Bible written by English protestant refugees from Catholic Queen Mary's reign, which he did not like because some of its commentary was not highly favorable to kings. Religion was much discussed by all and scripture was frequently quoted. James didn't believe a king had to live by the law; he hadn't as king of Scotland. He tried to imbue into England the idea of a divine right of kings to rule that he had held in Scotland. The established church quickly endorsed and preached this idea. The selection of the clergy of the parish churches was now often in the hands of the parishioners, having been sold to them by the patron lord of the manor. Some patrons sold the right of selection to a tradesman or yeoman who wished to put in his son or a relative. Some rights of selection were in the hands of bishops, the colleges, and the Crown. The parish clergyman was appointed for life and removed only for grave cause. Most parishoners wanted a sermon created by their minister instead of repetitious homilies and constant prayer. They thought that the object of worship in church was to rouse men to think and act about the problems of the world. In 1622, the king mandated that clergymen quote scripture only in context of the Book of Articles of Religion of 1562 or the two Books of Homilies and not preach any sermon on Sunday afternoon except on some part of the Catechism or some text out of the Creed, Ten Commandments, or the Lord's Prayer. The Puritan movement grew. About 5% of the Protestants were Puritans. These included country gentlemen and wealthier traders. They dressed simply in gray or other drab colors and wore their hair short to protest the fashion of long curls. They lived simply and disapproved of dancing because it induced lasciviousness and of theater because of its lewdness. Theaters and brothels still shared the same neighborhoods, the same customers, and sometimes the same employees. Prostitutes went to plays to find customers; men shouldered and shoved each other in competing to sit next to attractive women to get to know them. The Puritans also disapproved of cock fights because they led to gambling and disorder, and Maypole celebrations because of their paganism. There was less humor. Many became stoics. The Puritan church ceremonies were plain, with no ornamentation. Puritans prayed several times a day and read the Bible to each other in family groups to look for guidance in their conduct and life. They asked for God to intervene in personal matters and looked for signs of his pleasure or displeasure in happenings such as a tree falling close but not touching him, or his horse throwing him without injury to him. When there was an illness in the family or misfortune, they examined their past life for sins and tried to correct shortcomings. They circulated records of puritan lives including spiritual diaries. They believed in the equality of men and that a good man was better than a bad peer, bishop, or king. Puritan influence made families closer and not merely dependent on the will of the husband or father. There was a sense of spiritual fellowship among family members as individuals. They emphasized the real need of a lasting love relationship between husband and wife, so a mutual liking that could develop into love between a young couple in an arranged match was essential. Most Puritans felt that the bishops were as tyrannical as the pope had been and that more reform was needed. They favored the Presbyterian form of church government developed by John Calvin in Switzerland. The presbyter was the position below bishop. Parishes were governed by boards consisting of a minister and lay elders elected by the parishioners. These boards sent elected representatives to councils. All lay elders and ministers had equal rank with each other. The Calvinist God preordained salvation only for the elect and damnation and everlasting punishment for the rest of humanity, but the Puritans had an optimism about avoiding this damnation. They believed that at his conversion a person received grace and became predestined for salvation. They rejected all ecclesiastical institutions except as established by each parish over its own elected pastor and members. They rejected the established church's control from the top by bishops. They believed in negotiating directly with God for the welfare of the soul without the priest or church organization. The fear of witchcraft grew with Puritanism. Poor decrepit old defenseless women, often deformed and feeble-minded, were thought to be witches. Their warts and tumors were thought to be teats for the devil to suck or the devil's mark. Cursing or ill-tempers (probably from old age pains) or having cats were further indications of witchery. When the king learned in 1618 that the Puritans had prevented certain recreations after the Sunday service, he proclaimed that the people should not be restrained from lawful recreations and exercise such as dancing, archery for men, leaping, vaulting, May- games, Whitsunales, Morris-dances, and May-pole sports. Also women could carry rushes to decorate the church as they had done in the past. (Still unlawful on Sunday was bear and bull baitings and bowlings.) His stated purpose was to prevent people such as Catholics from being deterred from conversion, to promote physical fitness for war, and to keep people from drinking and making discontented speeches in their ale houses. Besides the Puritans, there were other Independent sects, such as the Congregationalists, whose churches gathered together by the inspiration of Jesus. This sect was started by English merchants residing in Holland who set up congregations of Englishmen under their patronage there; they kept minister and elders well under their control. The Baptists emerged out of the Independents. They believed that only adults, who were capable of full belief, and not children, could be baptized. They also believed that it was the right of any man to seek God's truth for himself in the scriptures and that obedience to the state should not extend beyond personal conscience. One fourth of all children born did not live to the age of ten, most dying in their first year. Babies had close caps over their head, a rattle, and slept in a sturdy wood cradle that rocked on the floor, usually near the hearth. Babies of wealthier families had nurses. The babies of ladies were suckled by wet nurses. Parents raised children with affection and tried to prepare them to become independent self-sustaining adults. There was less severity than in Tudor times, although the maxim "spare the rod and spoil the child" was generally believed, especially by Puritans, and applied to even very young children. In disciplining a child, an admonition was first used, and the rod as a last resort, with an explanation of the reasons for its use. There were nursery rhymes and stories such as "Little Bo-Peep", "Jack and the Beanstalk", "Tom Thumb", "Chicken Little", and Robin Hood and King Arthur tales, and probably also "Puss in Boots", "Red Ridinghood", "Cinderella", "Beauty and the Beast", "Bluebeard" and Aesop's Fables. "Little Jack Horner" who sat in a corner was a satire on the Puritan aversion to Christmas pudding and sense of conscious virtue. Toys included dolls, balls, drums, and hobby horses. Children played "hide and seek", "here we go around the Mulberry bush", and other group games. School children were taught by "horn books". This was a piece of paper with the alphabet and perhaps a religious verse, such as the Paternoster prayer, that was mounted on wood and covered with thin horn to prevent tearing. Little girls cross-stitched the alphabet and numerals on samplers. Block alphabets were just coming in. Most market towns had a grammar school which would qualify a student for university. They were attended by sons of noblemen, country squires [poor gentlemen], merchants, and substantial yeomen, and in some free schools, the poor. School hours were from 6:00 a.m. to noon or later. Multiplication was taught. If affordable, families had their children involved in education after they were small until they left home at about fifteen for apprenticeship or service. Otherwise, children worked with their families from the age of seven, e.g. carding and spinning wool, until leaving home at about fifteen. There were boarding schools such as Winchester, Eton, Westminster, St. Paul's, and Merchant Taylors'. There, senior boys selected for conduct and ability supervised younger boys. They thereby got experience for a future in public life. The system was also a check on bullying of the weak by the strong. The curriculum included Lilly's "Grammar", Aesop, Terence's Roman comic plays, Virgil's "Aeneid", the national epic of Rome, Cicero's "Letters" reflecting Roman life, Sallust's histories showing people and their motives, Caesar's "Commentaries" on the Gallic and civil wars, Horace's "Epistles" about life and poetry, poet Ovid's "Metamorphoses" on adventures and love affairs of deities and heros, or "Fasti" on Roman religious festivals and customs, Donatus' grammar book, and other ancient Latin authors. Football, with hog bladders, and tennis were played. These schools were self-supporting and did their own farming. Private schools for girls were founded in and around London. They were attended by daughters of the well-to-do merchant class, nobility, and gentry. They were taught singing, playing of instruments, dancing, French, fine sewing, embroidery, and sometimes arithmetic. Fewer served in the house of some noble lady as before. Most commonly, the sons and daughters of gentlemen and nobles were taught by private tutors. A tutor in the house educated the girls to the same extent as the boys. There were not many girls' boarding schools. Frequently, the mother educated her daughters. A considerable number of girls of other backgrounds such as the yeomanry and the town citizenry somehow learned to read and write. Boys began at university usually from age 14 to 18, but sometimes as young as 12. The universities provided a broad-based education in the classics, logic and rhetoric, history, theology, and modern languages for gentlemen and gave a homogenous national culture to the ruling class. There was a humanist ideal of a gentleman scholar. The method of study based largely on lectures and disputations. Each fellow had about five students to tutor. In many cases, he took charge of the finances of his students, paying his bills to tradesmen and the college. His reimbursement by the students' fathers put them into friendly contact with the family. The students slept in trundle beds around his bed and had an adjacent room for study. Scholasticism was only starting to give way to modern studies. Aristotle, whose authority was paramount, remained the lynch pin of university studies, especially for logic and dialectic. The study of rhetoric was based on Quintilian, the Latin writer, and the Greek treatise of Hermogenes of Tarsus. Also studyed was Cicero's orations as models of style. Examination for degrees was by disputation over a thesis of the student. The B.A. degree was given after four years of study, and the M.A. after three more. There were advanced degrees in civil law (after seven more years of study), medicine (after seven years), divinity (required more than seven years), and music. Many of the men who continued for advanced degrees became fellows and took part in the teaching. Most fellowships were restricted to clerics. Oxford and Cambridge Universities operated under a tutorial system. Access to grammar schools and universities was closed to girls of whatever class. Oxford University now had the Bodleian Library. In the universities, there were three types of students: poor scholars, who received scholarships and also performed various kinds of service such as kitchen work and did errands for fellows such as carrying water and waiting on tables; commoners, who paid low fees and were often the sons of economical gentlemen or businessmen; and the Fellow Commoners (a privileged and well-to-do minority, usually sons of noblemen or great country gentlemen). The Fellow Commoners paid high fees, had large rooms, sometimes had a personal tutor or servant, and had the right to eat with the Fellows at High Table. Here, gentlemen made friends with their social equals from all over the country. Students wore new- fashioned gowns of any colors and colored stockings. They put on stage plays in Latin and English. The students played at running, jumping, and pitching the bar, and at the forbidden swimming and football. They were not to have irreligious books or dogs. Cards and dice could be played only at Christmas time. Students still drank, swore, and rioted, but they were disallowed from going into town without special permission. Those below a B.A. had to be accompanied by a tutor or an M.A. They were forbidden from taverns, boxing matches, dances, cock fights, and loitering in the street or market. Sometimes a disputation between two colleges turned into a street brawl. Punishment was by flogging. Each university had a chancellor, usually a great nobleman or statesman, who represented the university in dealings with the government and initiated policies. The vice-chancellor was appointed for a year from the group of heads of college. He looked out for the government of halls, enforced the rules of the university, kept its courts, licensed wineshops, and shared control of the town with the mayor. Tutors were common. They resided at the boy's house or took boys to board with them at their houses in England or on the continent. The tutor sometimes accompanied his student to grammar school or university. Puritans frequently sent their sons to board in the house of some Frenchman or Swiss Protestant to learn the Calvinist doctrines or on tour with a tutor. Certain halls in the universities were predominately Puritan. Catholics were required to have their children taught in a home of a Protestant, a relative if possible. The Inns of Court were known as "the third university". It served the profession of law, and was a training ground for the sons of nobility and the gentry and for those entering the service of the commonwealth. Some American colonists sent their sons there. The Inns were self-governing and ruled by custom. Students were supposed to live within the Inn, two to a room, but often there were not enough rooms, so some students lived outside the quadrangles. Every student was supposed to partake of Commons or meals for a certain fraction of the year - from eight weeks to three months and there to argue issues in cases brought up by their seniors. In hall the students were not allowed to wear hats, though caps were permitted, nor were they to appear booted or spurred or carrying swords. For the first two years, they would read and talk much of the law, and were called Clerks Commoners. After two years they became Mootmen or Inner Barristers. In five or six years they might be selected to be called to the bar as Utter Barristers, whose number was fixed. There was no formal examination. The Utter Barrister spent at least three more years performing exercises and assisting in directing the studies of the younger men. After this time, he could plead in the general courts at Westminster, but usually carried on law work in the offices of other men and prepared cases for them. Participating in moots (practice courts) was an important part of their education. Lectures on statutes and their histories were given by Readers Physicians were licensed by universities, by the local bishop, or in London, by the College of Physicians and Surgeons. Most were university graduates, and because of the expense of the education, from well-to-do families. For the B.A., they emphasized Greek. For the M.A., they studied the works of Greek physicians Claudius Galen and Hippocrates, and perhaps some medieval authorities. After the M.A., they listened to lectures by the Regius Professor of Medicine and saw a few dissections. Three years of study gave them a M.B., and four more years beyond this the M.D. degree. A physician's examination of a patient cost 10s. and included asking him about his symptoms and feelings of pain, looking at this eyes, looking at his body for spots indicative of certain diseases, guessing whether he had a fever, feeling his pulse, and examining urine and stools, though there were no laboratory tests. Smallpox was quickly recognized. It was treated by red cloth being wrapped around the person and put up to cover the windows; this promoted healing without scarring. Gout was frequent. Syphilis was common in London and other large centers, especially in Court circles. It was ameliorated by mercury. An imbalance of the four humors: blood, phlegm, choler, bile was redressed by blood-letting, searing, draining, and/or purging. Heart trouble was not easily diagnosed and cancer was not recognized as a life-threatening disease. Childbirth was attended by physicians if the patient was well-to-do or the case was serious. Otherwise women were attended only by midwives. They often died in childbirth, many in their twenties. The theory of nutrition was still based on the four humors and deficiency diseases were not understood as such. Physician William Harvey, son of a yeoman, discovered the circulation of the blood from heart to lungs to heart to body about 1617. He had studied anatomy at Padua on the continent and received an M.D. there and later at Cambridge. Then he accepted a position at the hospital of St. Bartholomew to treat the poor who came there at least once a week for a year. He agreed to give the poor full benefit of his knowledge, to prescribe only such medicines as should do the poor good without regard to the pecuniary interest of the apothecary accompanying him, to take no reward from patients, and to render account for any negligence on his part. He also dissected animals. Then he ascertained that the heart was a pump and that the valves in the veins prevented backflow and he followed the course of the circulation. The language of medicine became that of physics and mechanics, e.g. wheels and pulleys, wedges, levers, screws, cords, canals, cisterns, sieves and strainers. This diminished the religious concept that the heart was the seat of the soul and that blood had a spiritual significance and was sacred. A visit by a physician 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 types of madness different from infirmities of the body. Despite a belief held by some that anatomical investigation of the human body was a sin against the holy ghost, physicians were allowed to dissect corpses. So there were anatomy textbooks and anatomy was related to surgery. Barber-surgeons extracted teeth and performed surgery. The physicians turned surgery over to the surgeons, who received a charter in 1605 by which barbers were excluded from all surgical work except blood-letting and the drawing of teeth. Surgeons dealt with skin disease, ulcers, hernia, bladder stones, and broken bones, which they had some skill in setting. They performed amputations, which were without antiseptics or anesthesia. Internal operations usually resulted in death. Caesarian section was attempted, but did not save the life of the mother. Apprenticeship was the route to becoming a surgeon. A College of Surgeons was founded. Students learned anatomy, for which they received the corpses of four executed felons a year. The apothecaries and grocers received a charter in 1607, but in 1618, the apothecaries were given the sole right to purchase and sell potions, and to search the shops of grocers and stop the sale by them of any potions. In London, the apothecaries were looked over by the College of Physicians to see that they were not selling evil potions or poisons. In 1618 was the first pharmacy book. There were three hospitals in London, two for the poor, and Bedlam [Bethlehem] Hospital for the insane. Others were treated at home or in the physician's home. Theaters were shut down in times of plague to prevent spread of disease there. Towndwellers who could afford it left to live in the country. Shakespeare wrote most of his plays. Most popular reading was still Bibles, prayer books, psalm books, and devotional works. Also popular were almanacs, which started with a single sheet of paper. An almanac usually had a calendar; information on fairs, roads, and posts; farming hints; popularized scientific knowledge; historical information; sensational news; astrological predictions; and later, social, political, and religious comment. Many households had an almanac. Books tried to reconcile religion and science and religion and passion or sensuality. Walter Ralegh's "History of the World", written while he was in prison, was popular. Ben Johnson wrote poetry and satiric comedies. Gentlemen read books of manners such as James Cleland's "Institution of a Young Noble Man (1607). In 1622, the first regular weekly newspaper was started. Although there was a large advance in the quality of boys' education and in literacy, the great majority of the people were unable to read fluently. Since writing was taught after one could read fluently, literacy was indicated by the ability to sign one's name. Almost all gentlemen and professional men were literate. About half the yeomen and tradesmen and craftsmen were. Only about 15% of husbandmen, laborers, servants, and women were literate. The royal postal system carried private as well as royal letters, to increase income to the Crown. Postmasters got regular pay for handling without charge the mail of letters that came from or went to the letter office in London. The postmaster kept horses which he let, with horn and guide, to persons riding "in post" at 3d. per mile. The post was to travel 7 mph in summer and 5 mph in winter and sound his horn four times in every mile or whenever he met travelers. Wool and animals for butchering were sold in London with the sellers' agent in London taking the proceeds and paying out to their order, the origin of check writing. Scriveners drew up legal documents, arranged mortgages, handled property transactions, and put borrowers in touch with lenders. They and the goldsmiths and merchants developed promissory notes, checks, and private paper money. The influx of silver from the New World was a major factor in the second great inflation in England and in the devaluation of money to about one third of what it had been. Also contributing to the inflation was an outracing of demand over supply, and a debasement of the coinage. This inflation benefited tenants to the detriment of their lords because their rents could not be adjusted upward. There was an increase in bankruptcies. The Elizabethan love of madrigal playing gradually gave way to a taste for instrumental music, including organs and flutes. The violin was introduced and popular with all classes. Ballads were sung, such as "Barbary Allen", about a young man who died for love of her, after which she died of sorrow. When they were buried next to each other, a rose from his grave grew around a briar from her grave. The ballad "Geordie" relates a story of a man hanged for stealing and selling sixteen of the king's royal deer. The ballad "Matty Groves" is about a great Lord's fair young bride seducing a lad, who was then killed by the Lord. In the ballad "Henry Martin", the youngest man of three brothers is chosen by lot to turn pirate to support his brothers. When his pirate ship tries to take a merchant ship, there is sea fight in which the merchant ship sinks and her men drown. The ballad "The Trees They Do Grow High" tells of an arranged marriage between a 24 year old woman and the 14 year old son of a great lord. She tied blue ribbons on his head when he went to college to let the maidens know that he was married. But he died at age 16, after having sired a son. May Day was a holiday with dancing around a Maypole and people dressed up as characters such as Queen of the May, Robin Hood, Little John, Friar Tuck, Maid Marion, the fool, and the piper. New Year's Day was changed to January 1st. Golf was played in Scotland, and James introduced it into England. James I was the last monarch to engage in falconry. Francis Bacon wrote the "Advancement of Learning" and "Novum Organum" (New Learning) in which he encouraged the use of the inductive method to find out scientific truths and also truths in general, that is reasoning from a sample to the whole. According to him, the only way to arrive at the truth was to observe and determine the correlations of facts. He advocated a process of elimination of ideas. His "New Learning" showed the way out of the scholastic method and reverence for dogma into the experimental method. He wrote "Natural and Experimental History". He also studied the effect of cold in preventing animal putrefaction. Galileo Galilei, professor of mathematics at the University of Padua in Italy, conducted experiments, e.g. throwing objects off the tower of Pisa in 1590 to show that all, whether light or heavy, fall at the same rate. This disproved the widely held theory that heavier objects fall faster than light objects. He proved that the force of gravity has the same effect on all objects regardless of their size or weight. His law stated that the speed of their descent increases uniformly with the time of the fall, i.e. speed = gravity times time. Galileo determined that a pendulum, such as a hanging lamp, swings back and forth in equal intervals of time. For this he measured time with water running out of a vessel. Also, the rate of oscillation varies inversely as the square of their cord length, regardless of material or weight. From his observation that an object sliding along a plane slows down at a decreasing rate and travels increasingly farther as the surfaces become smoother and more lubricated, he opined that the natural state of a body in motion is to stay in motion, and that it is slowed down by a force: friction. He conceived of the air offering a resistant force to an object in motion. He expanded on Aristotle's idea of an object in a state of rest or of uniform motion in a straight line, so that the former is just a special case of the latter. He opined that bodies at rest stay at rest and bodies in motion stay in uniform motion, unless and until acted upon by some force. So motion need not be explained by the continuing force of a prime mover. He drew a graph of distance versus time for the rolling ball, which indicated that the distance traveled was a square of the time elapsed. He realized that the movement of a projectile involved a horizontal and a vertical component and guessed that the effects of falling were independent of the horizontal motion. He demonstrated that a projectile follows a path of a parabola, instead of a straight line, and that it too descends a distance which is the square of the time taken to fall. That is, a thrown object will strike the ground in the same amount of time as an object simply dropped from the same height. The telescope was invented in 1608. The next year, Galileo built a greatly improved telescope using a lens to look at the skies. He observed that the surface of the moon had mountains, valleys, and craters much like the earth, and was illuminated by reflected light. He noticed that the planet Jupiter has moons orbiting it. He noted that the planet Venus progresses through phases similar to those of the moon orbiting the earth and that it was very large with a crescent shape or very small with a round shape. This apparent change in size could only be explained if Venus revolved around the sun, rather than around the earth. Thus more credence was given to the Copernican theory that the earth and all planets revolve around the sun, so Galileo was denounced by the church. He argued against a literal interpretation of the Bible. His observation that certain sun spots were on certain locations of the sun but changed over time suggested that the sun might be rotating. He observed that when air was withdrawn by a suction pump from the top of a long glass tube whose lower open end was submerged in a pan of water, the water rose to a height of 34 feet and no higher. He had demonstrated that there was such a thing as a vacuum, which was above the level of the water. About 1600, Galileo invented the first thermometer by heating air at the top of a tube whose open end was in a bowl of water; as the top end cooled, the air contracted and water rose partway up the tube; the column of water rose or fell with every change of temperature. Galileo invented the compound refracting microscope, which used more than one lens, about 1612. Galileo's book on the arguments for and against the Copernican theory was unexpectedly popular when published in 1632. The general public was so persuaded by the arguments that the earth revolved around the sun that Papal authority felt threatened. So Galileo was tried and convicted of heresy and sentenced to prison as an example to others who might question church doctrine, even though the seventy year old Galileo recanted and some of the inquisition judges who convicted him believed the Copernican theory and their decision did not assert the contrary. John Napier, a large Calvinist landholder in Scotland who had built his own castle, did mathematics in his older years. He explored imaginary numbers such as the square roots of negative numbers. By 1614, he had started and developed the theory of logarithms: the relationships among positive and negative exponents of numbers. This simplified calculations because the multiplication and division of numbers would be equivalent to addition and subtraction of their exponents. His table of logarithms, which took him twenty years to compile, was used in trigonometry, navigation, and astronomy. It reduced the enormous labor involved in trigonometric calculations. Johannes Kepler was a mathematician from Germany who made his living as an astrologer. He was in contact with Galileo by letter, as most scientists of Europe were with each other. Kepler was fascinated with perfect geometric shapes, which he tried to relate to celestial phenomenon. He discerned that the orbit of Mars was not perfectly circular. He knew that the apparent path of the sun with respect to the constellation of fixed stars differed in speed at different times of the year. He opined that this showed that the speed of the earth revolving around the sun varied according to the time of year. Then he measured the angles between the earth and the sun and the earth and Mars as they changed through the Martian year. He noted when the earth, Mars, and the Sun were on the same straight line. Then he deduced the earth's true orbit, and from this the true orbits of the other planets. Then by trial and error, he attempted to match this empirical data with regular mathematically defined shapes, until he discovered in 1609 that these paths were elliptical. Also, the planets each move faster when they are nearer the sun and more slowly when they are farther from the sun so that in equal time intervals, a line from the planet to the sun will sweep out equal areas. This observation led him to opine that there is a force between the sun and each planet, and that this force is the same as that which keeps the moon in its orbit around the earth. Thirdly, in 1619, he found that the square of the time for each planet's orbit about the sun is proportional to the cube of that planet's mean distance from the sun, so that the farther planets orbit at a slower speed. He connected the earth's tides with the gravitational pull of the moon. Kepler also confirmed that the paths of comets were governed by a law and were farther from the earth from the moon. This contradicted the church's explanation that what lies within the moon's orbit pertains to the earth and is essentially transitory and evil, while what lies beyond belongs to the heavens and is permanent and pure. In 1637, Renee Descartes, a philosopher, mathematician, and scientist from France, invented analytic [Cartesian] geometry, in which lines and geometric shapes can be described by algebraic equations and vice-versa. An algebraic equation with two unknowns, or variables, could be represented as a shape on a coordinate system in which each point is represented by a pair of numbers representing distances from the two axis lines. He started the convention of representing unknown quantities by x, y, and z and known quantities by a, b, and c. So, for instance, a circle with center at point 2,3 and a radius of 4 was represented by the equation: (x-2) squared + (y-3) squared = 4. All conic sections, e.g. ellipses, parabolas, and hyperbolas, could be represented by equations. Analytic geometry aided in making good lenses for eyeglasses. The glass was first manufactured with attention to quality. Then, after it cooled and solidified, the clearest pieces were picked and their surfaces ground into the proper curvature. Descartes pioneered the standard exponential notation for cubes and higher powers of numbers. He formulated the sine-law of refraction, which determines in general the way a light ray is deflected, according to the density of the media through which it passes. This explained why a rainbow is circular. In 1644, he described the universe in terms of matter and motion and suggested that there were universal laws and an evolutionary explanation for such. He opined that all effects in nature could be explained by spatial extension and motion laws that 1) each part of matter retains the shape, size, motion, or rest unless collision with another part occurs; 2) one part of matter can only gain as much motion through collision as is lost by the part colliding with it; and 3) motion tends to be rectilinear. These ideas did not correlate with the Biblical notion of the creation of the universe by God in seven days, so Descartes feared persecution by the church. Descartes believed in a good and perfect God, and thought of the world as divided into matter and spirit. The human mind was spirit and could exist outside the human body. The human mind had knowledge without sense experience, e.g. the truths of mathematics and physics. Ideas and imagination were innate. His observation that sensory appearances are often misleading, such as in dreams or hallucinations, led him to the conclusion that he could only conclude that: "I think, therefore I am." He rejected the doctrine that things had a proper behavior according to their natures, e.g. the nature of acorns is to develop into oak trees. As an example of erroneous forming of conceptions of substance with our senses alone, he pointed out that honeycomb has a certain taste, scent, and texture, but if exposed to fire, it loses all these forms and assumes others. He expressed that it was error to believe that there are no bodies around us except those perceivable by our senses. He was a strong proponent of the deductive method of finding truths, e.g. arguing logically from a very few self- evident principles, known by intuition, to determine the nature of the universe. Christian Huygens, a Dutch physicist, used the melting and the boiling point of water as fixed points in a scale of measurements, which first gave definiteness to thermometric tests. In 1600 William Gilbert, son of a gentleman, and physician to Queen Elizabeth, wrote a book on terrestrial magnetism which founded the science of electricity. He cultivated the method of experiment and of inductive reasoning from observation and insisted on the need for a search for knowledge not in books but in things themselves. He showed that the earth was a great magnet with a north pole and a south pole, by comparing it to loadstones made into spheres in which a north and south pole could be found by intersecting lines of magnetism indicated by a needle on the stone. The vertical dip of the needle was explained by the magnetic attraction of the north pole. He showed how a loadstone's declination could be used to determine latitude at sea. He showed how the charge of a body could be retained some time by covering the body with some non-conducting substance, such as silk. He distinguished magnetism from electricity, giving the latter its name. He discovered that atmospheric conditions affected the production of electricity, dryness decreasing it, and moisture increasing it. He expounded the idea of Copernicus 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. There was much mining of coal, tin, copper, lead, and iron in the 1600s. Coal was transported from the coal pits down to the rivers to be loaded onto ships on coal wagons riding on wooden rails. The full coal cars could then be sent down by gravity and the empty wagons pulled up by horses. Sheet metal, e.g. lead, was used for roofing. Coal was much used for heating houses, and for laundry, cooking, and industrial use, such as extraction of salt, soap boilers, and manufacture of glass, bricks and tiles for buildings, anchors for ships, and tobacco pipes. It was used in the trades: bakers, confectioners, brewers, dyers, sugar refiners, coopers, starch makers, copper workers, alum makers, and iron workers. In 1604 the Haberdashers, who sold imported felt for hats, got a charter of incorporation. A tapestry factory was established in 1619. Flax-working machines came into existence. As Attorney General, Edward Coke was impassioned and melodramatic. He once described the parts of the penalty of treason as follows: being drawn to the place of execution reflected the person's not being worthy any more to tread upon the face of the earth; being drawn backward at a horse tail was due to his retrograde nature; being drawn head downward on the ground indicated that he was unfit to breathe the common air; being hanged by the neck between heaven and earth indicated that he was unworthy of either; being cut down alive and his privy parts cut off and burnt before his face indicated he was unworthily begotten and unfit to leave any generation after him; having his bowels and inners taken out and burnt indicated he had inwardly conceived and harbored such horrible treason; his head cut off, which had imagined the treason, and his body to be quartered and the quarters set up to the view and detestation of men a prey for the fowls of the air. Coke was subsequently elevated to the position of Chief of Common Pleas and then to Chief of the King's Bench. But there Coke propounded a doctrine of the supremacy of the law over the king as well as over Parliament. For instance, Coke would not agree to stay any case in which the king had a concern in power or profit, to consult with him. But the other eleven justices did agree. Since James I believed in the divine right of kings, he therefore dismissed Coke from his position as Chief Justice of the King's Bench. James even believed that he could suspend any law for reasons known only to him and issue proclamations that were not limited to the reinforcement of old laws, but made new offenses with punishment of fine and/or imprisonment. Coke then became a member of Parliament and led the Commons, where he exalted the authority of Parliament vis a vis the king; that is, the king could not make any changes in law, religion, or taxation without consent of Parliament. James arrested Coke and two other members of the Commons and put its leader John Pym under house arrest for their outspoken opinions against the King's intended alliance with Catholic Spain and intended taking of a Spanish wife. Because of the deadlock that developed between the king and Parliament, certain matters could not be addressed by legislation and were left to be decided judicially. This made judicial review important. James vastly increased the number of peerages, selling many, for example for 10,000 pounds. Since there was a tacit understanding that members of Parliament would not accept remuneration, this restricted eligibility for membership to the rich. The House of Commons was composed mostly of attorneys, merchants from the large towns, and country gentlemen. The gentry members had 600 pounds [12,000s] annual income from land and the burgess members had 300 pounds [6,000s.] In addition to the two knights from every county (elected by men holding at least forty-shilling freeholds), four representatives from London, and one or two from every other borough (generally elected by the top business families), there was a representative from each of the two universities. For Speaker, they always chose someone suggested to them by the Crown. He decided who would talk and could hasten or delay bills, usually for the benefit of the Crown. The Clerk, a lifetime appointment of the Crown, wrote out the bills and their amendments and kept track of proceedings. Many in the Commons were Puritan in sympathy. In 1607, the House of Commons developed a committee system to avoid being presided over by the royally designated speaker. A committee could consist of all the members of the House of Commons with an elected chairman. An increasing number of issues were discussed in committee before coming to the Commons and the Commons came to ratify readily what had been done in committee. By 1610, there had developed in the House of Commons an opposition to feudal tenures, purveyance, wardships, and impositions (special import and export duties on aliens set by the king without the consent of Parliament that were supposed to be for the purpose of regulating trade instead of for revenue). There was also a call for free speech and an end to the King's habit at the end of Parliament of imprisoning for a time those who had been too outspoken. The Commons also asserted itself into foreign affairs by expressing an opinion against a treaty proposed by the king on which war could ensue. The treaty was abandoned. In London, organized groups such as the apothecaries, the skinners, and the grocers, were circulating printed statements of their cases to members of committees of the House of Commons rather than just seeking out a friendly Privy Council member. In 1621, the protests made to committeemen about monopolies sold by James frightened him into canceling many of them. He had made many grants against competition in violation of law. The right of the Commons to expel a member was asserted by the expulsion of a monopolist. By 1629, the speeches of prominent members and the course of proceedings were copied by stationers and sold in a weekly news report. The King's Privy Council dealt constantly with foreign affairs, and also with the great companies, and problems arising such as gold leaving the country, the Dutch ships increased efficiency in transporting goods, the declining market for English cloth, strikes in the mining industry, decaying harbor works, the quality of food and drink, the wrongs done to the poor, and above all, the general peace and order. They formed commissions to study situations and sent orders to Justices of the Peace on methods to address certain problems and to Sheriffs to carry out certain acts. About 1618, a group within the Privy Council began to concentrate on foreign affairs, especially "cabinet counsels", that is, with secret matters. James sold high offices of state to supplement his income. His income from customs had increased so much that it was now three times that from Crown lands. The Sheriff looked after Crown lands and revenues in his county. He gathered the rents, the annuities, the stray animals, the deodands, the fees due to the King, the goods of felons and traitors. He was still a means of communication between the Privy Council and the county. He announced new statutes of Parliament and proclamations by the king at the county courts and in the markets. He used posse comitatus to disperse riots. He was the functionary of the assize court, impaneling its juries, bringing accused men before it, and carrying out its penalties. He carried out elections of members of the House of Commons. There were two high constables for each hundred. They were chosen by the Justices of the Peace at quarter sessions, and were usually small gentry or well-to-do yeomen. They were the intermediaries between the justices and the petty constables. The petty constable was the executive official of the village. He was usually elected by the suitors to the leet court of the manor for a year. He might be a farmer, an artisan, a carpenter, a shoemaker, or many times a tradesman, a butcher, or baker. He often visited the alehouse to learn of any trouble in the making. He would intervene in quarrels and riots and tell the participants to desist in the King's name. If they didn't, he could call on all bystanders to help him "force a quiet". He had to lead the rioters and causers of injuries to others, hold them there until he could bring him before the nearest justice. He would inform the justice of plots to trespass or forcibly enter land to take possession. He saw to it that no new cottages were built in the villages without due authority. He supervised markets and inns. He reported lapses of care for apprentices by their masters to the justice. At harvest time, he called upon all able bodied persons to assist and punished those who didn't respond by putting them in the stocks or fining them forty shillings. He arrested and whipped vagrants and sturdy rogues and sent them back to their place of birth through constables on the way. If a horse was stolen, he raised the hue and cry to all neighboring constables. He made inquiry into the paternity of the coming child of an unmarried pregnant girl to make him take responsibility for the child and pay her 8d. a week lest it fall into the responsibility of the village. In a town, he might have watchmen to help him see that the streets were peaceful at night. The constable assisted the Justice of the Peace, the high constable, and the Sheriff. He pressed men into military service. He collected taxes for the Sheriff and collected the money for purveyance, the money for the poor, maimed soldiers, and various kinds of prisoners, which the parish had to pay. He was often the spokesman for the village in village concerns, such as too many alehouses, brought to the attention of justices at quarter sessions. The constable and churchwardens together collected money for the parish, looked after the needy, and kept in close touch with the overseers of the poor, who cared for the sick and old, found work for the idle, took charge of bastards, apprenticed orphan children, and provided supplies for the workhouse. In 1609 the East India Company was given a monopoly by the Crown that was indefinitely long as long as it was profitable to the realm in the King's opinion. Interlopers were to forfeit their ships and goods, one-half to the Company and one-half to the Crown. Monopoly status made the Company competitive with the Dutch and Portuguese monopoly companies. The Crown received a gift or a loan from the Company in return. At first, the Company raised capital for each separate voyage. But voyages tried to undercut each other and rival factions squabbled over cargoes. So the company then raised a "terminable joint-stock" for a period of years. The first of these was issued in 1613-16 and financed a fleet every year for four years. Subscriptions were called in by yearly installments and dividends paid out yearly. The voyage of 1613 brought shareholders a profit equivalent to about 11% a year. By 1620, the Company operated thirty to forty "tall ships", many built in its own dockyards. These dockyards were so technologically advanced that they were daily viewed by visitors and ambassadors. Here, besides wet and dry docks, there were timber yards, a foundry and cordage works for supplying the ships' hardware and a bakery and saltings for their provisioning. More than 200 craftsmen were directly employed in the yard. Overall the company was one of London' largest employers. In 1606, the first charter of the Virginia Company was issued for trading purposes. It gave the settlers "all liberties, franchises, and immunities" they had in England. To oversee this colony, the Crown appointed a council. Virginia established the Episcopal Church by law. It became a joint-stock company in 1609. But exports were few (timber, soap ashes, pitch, tar, and dyes) for several years, and then tobacco emerged as a source of profit. King James imposed a heavy duties on imported tobacco because it corrupted man's breath with a stinking smoke. In 1607, the Muscovy Company, hired Henry Hudson to find a northwest passage through North America to the Pacific Ocean. Life was difficult for Puritan Separatists, who wanted to separate from the established church. They were imprisoned and their houses were watched day and night for illegal meetings. In 1620, after trying Holland and when there was a depression in England, a few Puritan Separatists, along with other pilgrims, left for Virginia in the Mayflower, but landed in New England and founded Plymouth Colony. They were led by William Bradford and William Brewster, their spiritual leader. They planted fields and made friends with the Indians. In 1621, they secured a patent to the merchants and planters together for a voluntary joint-stock company in New England. Later, it became the self-governing Massachusetts Bay Colony. The canons of the church of 1604 provided for excommunication for anyone who propounded that the king did not have the same authority in ecclesiastical matters as the godly kings among the Jews and Christian emperors in the primitive church, that the Church of England was not a true and apostolic church, that worship according the Book of Common prayer and administration of sacraments was corrupt or superstitious, or that other methods of the church were wicked, unchristian, or superstitious. Church sanctuary was abolished for those accused of criminal offenses because it had been abused by thieves paying their rent by thieving at night. It remained available to those accused of civil offenses.
- The Law - Churchwardens of every parish shall oversee the poor in their parish. They shall, with consent of the Justices of the Peace, set to work children whose parents cannot maintain them and also set to work married or unmarried persons who have no trade and no means to maintain themselves. Churchwardens shall tax every inhabitant, including parson and vicar and every occupier of land and houses as they shall think fit. There will be a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work. There will be competent sums of money for the relief of the lame, impotent, old, blind, and others not able to work, and also for the putting out of children to be apprentices. Child apprentices may be bound until 21 years of age or until time of marriage. They shall account to the Justices of the Peace for all money received and paid. The penalty for absence or neglect is 20s. If any parish cannot raise sufficient funds, the Justices of the Peace may tax other nearby parishes to pay, and then the hundred, and then the county. Grandparents, parents, and children of every poor, old, blind, lame, or impotent person not able to work, being of sufficient ability, shall at their own charge, relieve and maintain every such poor person in that manner and according to that rate as Justices of the Peace of that county determine, or forfeit 20s. per month. Two Justices of the Peace may commit to gaol or house of correction persons refusing to work and disobedient churchwardens and overseers. The overseers may, with the consent of the lord of the manor, build houses on common or waste land for the poor at the expense of the parish, in which they may place more than one family in each 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. Sheriffs summoning defendants without a writ shall pay 200s. and damages to the defendant, and 400s. to the King. Persons stealing crops from lands or fruit from trees shall be whipped. Since administrators of goods of people dying intestate who fail to pay the creditors of the deceased often can't pay the debts from their own money, the people (who are not creditors) receiving the goods shall pay the creditors. Every person shall receive the holy communion in church at least once a year or forfeit 20 pounds for the first year and 40 pounds for the second year, and threescore pounds for every year after until he takes the said sacrament. No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds. Nor may they be administrators of estates, or have custody of any child as guardian. Nor may they possess any armor, gunpowder, or arms. Nor may anyone print or import Popish books rosaries, or forfeit 40s. No merchant may dress black rabbit skins, nor export them, unless dressed by skinners and bought from them because the skinners have been thus deprived of their livelihoods to their impoverishment throughout the realm. Beer may be exported when malt is at 16s. per quarter because exporting beer instead of barley and malt will (1) increase the export tax to the King, (2) increase income for coopers and brewers, and (3) provide more jobs in transporting beer, which is more voluminous, to the great comfort of the port towns. Spawning and growing fish in harbors may not be taken by any nets or weirs because this practice has hurt fishermen and the realm. London may make a trench to bring water to the north part of the city and shall compensate the owners of lands by agreement with them of an amount or an amount determined by commissioners. Actors profaning God, Jesus, or the Holy Ghost on stage are to be penalized 200s. No one shall sell beer or ale to an unlicensed alehousekeeper because abuses there have become intolerable. Every person convicted of drunkenness shall be penalized 5s. or else placed in the stocks for six hours, because the loathsome and odious sin of drunkenness has grown into common use lately and it is the root of many other sins, such as bloodshed, stabbings, murder, swearing, fornication, and adultery, and is detrimental to the arts and manual trades and diverse workmen, who become impoverished. Offenders convicted a second time shall be bound with two sureties to the sum of 200s. No person at least 18 years of age may be naturalized or restored in blood after being attainted unless he takes the sacrament and the Oath of Supremacy [of the king over the church of England], and Oath of Allegiance [to the king]. Money given by will for the apprenticeship of poor children shall be managed by incorporated towns and unincorporated parishes. Masters receiving such apprentices shall become bound with sufficient sureties. Houses of correction shall be built in every county. Lewd women, having bastards, chargeable to the parish, shall be committed to the house of correction to be punished and set to work for one year. Persons deserting their families shall be deemed incorrigible rogues and punished as such. Persons such as sorters who purloin or embezzle wool or yarn delivered to them by clothiers and the receivers thereof, knowing the same, shall recompense the party grieved or else be whipped and set in the stocks. All hospitals and abiding places for the poor, lame, maimed, and impotent persons or for houses of correction founded according to the statute of Elizabeth shall be incorporated and have perpetual succession. Only lands and hereditaments paying rents to the Crown within the last sixty years shall be claimed by the Crown; the title of all persons and corporation who have enjoyed uninterruptedly against the Crown for the last sixty years are confirmed against the Crown. A seminal patent-protection law was passed in 1624. It stated that all monopolies to any person or persons, bodies politic or corporate for the sole buying, selling, making, working, or using of anything within the realm are void. This does not include London or towns. Parties aggrieved by such may recover treble damages in the superior courts, with double costs. Excepted are existing patents, for 21 years or less, for new inventions and for future patents for 14 years or less. Excepted also are patents for printing or making saltpeter, gunpowder, shot or ordinance, etc.; patents concerning allum mines or Newcastle coal or glass making or export of calves' skins or making smalts [deep-blue pigment or glass] or melting iron ore; grants of office; and licenses for taverns. Because benefit of clergy is not allowed to women convicted of felony by reason whereof many women suffer death for small causes, any woman convicted for the felonious taking of any money, goods or chattels greater than 12d. and less than 10s. other than burglary or robbery on the highway or from the person of any man or woman without their knowledge, shall be branded and marked in the hand upon the brawne of the left thumb with a "T" and imprisonment, whipping, stocking, or sending to the house of correction for a year or less. No one may take more than 8% interest on loans because 10% has caused many, including gentry, merchant, farmer, and tradesman, to sell their land and forsake their trade to pay their debts. Mothers concealing the death of a bastard baby shall suffer as for murder, unless one witness proves the child was born dead. Papists running a school must forfeit 40s. a day for such. Anyone conveying a child beyond the seas to be educated in popery may not sue in the courts, may not hold any office, and shall forfeit 100 pounds and all lands. But the child returning may have his family lands restored to him if he receives the sacrament of the lord's supper in the established church after reaching 18 years of age. In 1604 it was decided that it was not necessary to prove witchcraft caused the death of a person for there to be punishment for it. All that was necessary now was the practice of witchcraft. The punishment was death by hanging. Also, consulting or feeding an evil spirit was felony. As Attorney General, Coke introduced the crime of "seditious libel" in a case before the Star Chamber in 1606. These written slanders or libels were viewed as incitements to disorder and private vengeance. Because the tendency to cause quarrels was the essence of the crime, the truth of the libel was not a defense, but might be an aggravation of criminality. Edward Coke, former Chief Justice of both the Court of Common Pleas and Court of the Queen's Bench, wrote his Reports on court cases of all kinds through forty years and his Institutes on the law, in which he explained and systemized the common law and which was suitable for students. This included a commentary and update of Littleton, published in 1627; old and current statutes; a description of the criminal law; and lastly an explanation of the court system, the last two published in 1644. Coke declared that "a man's house is his castle". Coke waged a long battle with his wife over her extensive property and the selection of a husband for their daughter. In his institutes, he described the doctrine of coverture as "With respect to such part of the wife's personality as is not in her possession, as money owing or bequeathed to her, or accrued to her in case of intestacy, or contingent interests, these are a qualified gift by law to the husband, on condition that he reduce them into possession during the coverture, for if he happen to die, in the lifetime of his wife, without reducing such property into possession, she and not his representative will be entitled to it. His disposing of it to another is the same as reducing it into his own possession." He further states that "The interest of the husband in, and his authority over, the personal estate of the wife, is, however, considerably modified by equity, in some particular circumstances. A settlement made upon the wife in contemplation of marriage, and in consideration of her fortune, will entitle the representatives of the husband, though he die before his wife, to the whole of her goods and chattels, whether reduced into possession or not during the coverture. ... A settlement made after marriage will entitle the representative of the husband to such as estate in preference to the wife. ... A court of equity will not interfere with the husband's right to receive the income during the coverture, though the wife resist the application."
- Judicial Procedure - 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. In 1619, by the writ of quo warranto, a government office or official could be made to explain by what right he performed certain acts. James I asserted an authority to determine the jurisdiction between the various courts. The Court of High Commission heard mostly matrimonial cases, but also moral offences both of clergy and laity, and simony, plurality, drunkenness, and other clerical irregularities. The Star Chamber Court still was primarily directed against force and fraud and defended the common people from over-mighty lords and over-pliable Justices of the Peace, for instance by deterring enclosure. It also enforced monopolies. However, there was a growing tendency for King James, who sat on it, to abuse its power with high fines. A lord accused with foul language by a huntsman of following hounds of a chase too closely threatened to use his horse whip on the huntsman's master when the huntsman threatened to complain to his master. The lord was fined 10,000 pounds. James' council used torture to obtain information from accused felons about possible conspiracies against him. The ordinary administrative court of first instance is formed by the single Justices of the Peace, who issue orders regarding public safety, order, public morals, health, the poor, highways, water, fields, forests, fisheries, trade, building, and fire, and particularly begging and vagrancy as well as regulations of wages, servants, apprentices, and day laborers. For more important resolutions, the special sessions of the Justices of the Peace of a hundred for a court of intermediate instance and appointed overseers of the poor. All Justices of the Peace were present at the quarter sessions, which were held at least four times a year, and are primarily a court of appeal from penal sentences, but also make the county rate, appoint county treasurers and county prison and house of correction governors, regulate prices and wages, settle fees of county officials, grant licenses for powder mills, and register dissenting chapels. It heard appeals expressly allowed by statute. The central courts also heard appeals by writ of certiorari as to whether an administrative act was in accordance with existing law, whether the court is competent, and whether the administrative law has been rightly interpreted. This writ of certiorari ceased in the 1700s. Justices of the Peace who have the power to give restitution of possession to tenants of any freehold estate of their lands or tenements which have been forcibly entered and withheld, shall have like power for tenants for term of years, tenants by copy of court roll, guardians by knight service, tenant by elegit statute merchant and staple of lands or tenements. The Justices of the Peace were chosen by the Crown, usually by the Chancellor. The qualifications were residence in the county, suitability of moral character, religious uniformity, and the possession of lands or tenements with twenty pounds a year. They were almost exclusively country gentlemen, except in the towns. In the corporate towns, the mayor, bailiff, recorder, and senior aldermen were ex officio [by virtue of the office] Justices of the Peace. Their main duty was to keep the peace. If a justice heard of a riot in the making, he could compel individuals at the place to give bonds of good-a-bearing and cause a proclamation to be made in the King's name for them to disperse. Two justices or more had the authority to arrest the rioters and send a record of it to the assizes and to the Privy Council. If the riot had taken place before their arrival, they could make an inquiry by a jury and certify the results to the King and his Council. The justices had men brought before them on many kinds of charges, on their own summons, or on initiative of the petty constable. They tried to draw these men into confession by questioning. After indictment, a person had the choice of a petty jury trial or paying a fine. The Justices of the Peace could insist upon presentment juries or surveys of offenses by local officers, but, without the institution of policemen, not many crimes were prosecuted because victims were unwilling or could not afford to initiate judicial action. Their unwillingness was partly due to the severity of penalties, e.g. death for the theft of over 12s. and whippings and fines for misdemeanors. Further, the offender was frequently a neighbor with whom one would have to live. Mediation by the local constable often took place. When there an outbreak of lawlessness in an area, a commission might be set up especially for that area to enforce the law. Assault cases were common in courts of assize and courts of quarter sessions. The quarter sessions were those of a number of Justices of the Peace held for a couple of days four times a year for the more important cases in the jurisdiction of the Justices of the Peace. Assault was violence or threat of imminent violence. Fines were graduated according to the means of the offender, who was usually bound over to keep the peace. Most involved offenders and victims who were neighbors and included people of substantial standing in the village. Also, a sizable minority were directed against local officers such as constables, bailiffs, or tax- collectors. Three-fourths of all assize indictments and many quarter-sessions indictments were for various types of theft, including petty larceny, grand larceny, housebreaking, burglary, sheep stealing, and robbery. These offenses were mostly opportunistic rather than planned, except for London's underworld of professional thieves and the cutpurses of country markets and highway robbers on lonely roads. There were substantial peaks in theft in periods of harvest failure and industrial depression, especially by vagrants. But most of the poor never stole. The Justices of the Peace usually deferred to the learned Justices of Assize for cases of felony, murder, rape, highway robbery, and witchcraft. Most homicides were the result of an impassioned argument leading to blows inflicted by nearby commonplace items picked up and used as weapons. Only 18% of homicides were within the family. Men were still declared outlaw if they failed to come to court after repeated summons. The Lord Keeper regularly advised the assize justices, before each circuit departure, to relieve the poor, supply the markets, maintain the roads (which were frequently impassable in winter for wagons or coaches), enforce church attendance, suppress superfluous and disorderly alehouses, and put down riots, robberies, and vagrancy, and in times of dearth, to suppress speculation in foodstuffs, prevent famine, and preserve order. In fact, the justices were most attentive to offenses which affected them as rate payers for the poor. These were offenses against cottaging laws (e.g. erection of cottages which lacked the statutory four acres of land), harboring of "inmates", disputes of settlement of paupers, bastardy, vagrancy, church nonattendance, and above all, disorderly alehouses. Alehousing had been a well- established means of poor employment since the 1200s, so it was hard to enforce licensing laws. Further, alehouses were the centers of social life for the common people; both women and men met their friends there. If an attorney or solicitor delays his client's suits to work his own gain or over charges his client, the client can recover his costs and treble damages and the attorney and solicitor shall be disbarred. None may be admitted to any court of the king but such as have been brought up in the same court or is otherwise well-practiced in soliciting of causes and has been found by their dealings to be skillful and honest. An attorney who allows another to use his name shall forfeit 400 shillings and be disbarred. Offenders shall pay the charge of their own conveyance to gaol or the sum shall be levied by sale of their goods so that the King's subjects will no longer be burdened thereby. Plaintiffs' costs shall be paid by the defendants where there is a judgment against the defendant in all actions in which the plaintiff is entitled to costs on judgment for him, to discourage frivolous and unjust suits. By 1616, Chancery could order injunctions to stop activities. In Slade's case of 1602, the Court of the Queen's Bench held that assumpsit may be brought in place of the action of debt. So assumpsit supplants debt for recovering liquidated sums and is then called "indebitatus assumpsit". A statute of 1623 gave rights for adverse possession. It provided that all writs of formedon [right to land by gift of a tail] in descender, formedon in remainder, and formedon in reverter for any manors, lands, tenements, or hereditaments shall be sued within twenty years, for the quieting of men's estates and avoiding of suits. In default thereof they shall be excluded from such entry except children under 21 years, women-covert, non compos mentis, imprisoned or overseas shall have an additional 10 years after their disability ceases if the 20 years have expired. The limitation for bringing actions on the case (except slander), account, trespass, replevin, debt, detinue for goods and chattels and the action of trespass, quare clausum fregit [damages for unlawful entry on land], is within 6 years; for trespass of assault, battery, wounding, imprisonment is within 4 years; and for actions upon the case for words is within 2 years. The trial of Sir Walter Ralegh in 1603 began a call for a right to confront and question one's accusers. Before trial, privy counselors who in theory sat as impartial justices, cross-examined Ralegh in prison. With a carefully selected jury present, the trial began with reading of the indictment, which Ralegh had not yet seen. He was charged with treason in plotting with Catholic Spain to put Arabella Stuart on the throne. Arabella was to write to Spain promising peace, toleration of Catholics in England, and direction by Spain in her marriage choice. He pled not guilty and took no exception to any jurors, stating that he knew them all to be honest men. Next, Attorney General Edward Coke, his enemy and rival, and he engaged in a debate about who was right, with Coke outright bullying him. Coke then produced a signed confession by Lord Cobham that implicated him in the alleged conspiracy and accepting 10,000 crowns for his part. Ralegh was given permission to speak. He said that Cobham had retracted his confession. He ridiculed the idea that he would betray England to Spain for gold after fighting against Spain, including risking his life three times, and spending 4,000 pounds for the defeat of Spain. He pointed to a treatise he had written to the king on the present state of Spain and reasons against peace. Then there was a discussion on the validity of Cobham's confession. Cecil gave an oration of Ralegh. Coke gave a speech. Ralegh asked to have his accuser brought before him face to face. He cited law that two witnesses were necessary for a conviction for treason. Chief Justice Popham replied that only one witness was necessary under common law, which applied to his case, and that the trial was properly by examination of the defendant. Coke added that it would be improper to call Cobham because he was a party. Then Coke surprised Ralegh with a letter from Cobham stating that Ralegh had asked Cobham to procure him an annual pension of 1500 pounds from Spain for disclosing intelligence. Ralegh acknowledged that a pension was offered, but denied that he had ever intended to accept it. He admitted that it was a fault not to inform authorities of this offer. The jury deliberated for fifteen minutes and returned with a verdict of guilty. The Chief Justice delivered the sentence for treason: drawing, hanging, disembowelling, beheading, and quartering. The whole trial was not so much to access guilt, but to show the general public that the person was guilty. Church courts were revived after a period of disuse. They could annul an unconsummated or legally invalid marriage (e.g. consanguinity, impotence, a witnessed precontract to marry) and order judicial separations in case of adultery, cruelty, or apostasy. Annuled marriages made a person's children illegitimate. An action at common law for "criminal conversation" [adultery] with the plaintiff's spouse or for assault and battery could result in an order for separation. But only a private statute of Parliament could grant a divorce, which allowed remarrige. It was granted in only a few cases and only to the very wealthy. Church officials spied upon people's conduct to draw them into their courts and gain more money from the profits of justice. In 1610, Edward Coke, Chief Justice of the Court of Common Pleas, decided that the statute giving the Royal College of Physicians power to imprison and fine those practicing without a license was invalid and unenforceable because it gave the college half of each fine awarded, which was a conflict of interest with its role as an adjudicator. Coke said that a maxim of the common law was that no man ought to be judge in his own cause. By this decision, he asserted a court supremacy over Parliament with respect to the validity of statutes. He opined that the courts should not only be independent of the Crown, but should act as arbiter of the Constitution to decide all disputed questions. In his words, "When an Act of Parliament is against common right and reason, the common law will control it and adjudge such Act to be void." Justices still explained and in some degree interpreted legislative acts of Parliament as they had since the 1500s, but their right to do so was coming into question and was slowly lost. Female scolds were still dunked into water as punishment. Only barristers, who were called to the bar after being in long residence in one of the Inns of Court, could practice before the King's court. Attorneys and solicitors prepared cases for barristers and practiced before minor courts. The king appointed the justices, with the advice of the Chancellor. James I often intimidated the justices to see things his way. The oath of a justice was: "Well and and truly ye shall serve the King and his people. And ye shall take no fee or livery of none but the King, nor gift or reward of none that hath a do before you except it shall be meat or drink of small value, as long as the plea hangs before you. And ye shall do equal law and execution of Right to all the King's subjects rich and poor, without regard to any person. Ye shall counsel our Sovereign Lord the King in his need. And ye shall not delay any person of common right for the letters of the King or of any person or for any other cause ... So help you God." The courts of King's Bench and Common Pleas, and the Chancery all met simultaneously in Westminster Hall. Throngs passed up and down the middle aisles between the courts, including booksellers, stationers, scriveners, and vendors of bread and hot meat. The hall was so cold that people kept on their coats and hats. The last court case concerning villeinage was in 1618.