Our Legal Heritage Part 71

Thomas Cranmer, Archbishop of Canterbury, wrote the first English Common Book of Prayer. With its use beginning in 1549, church services were to be held in English instead of Latin. The celebration of the Lord's Supper was a communion among the parishioners and minister all sharing wine and bread. It replaced the ma.s.s, in which the priests were thought to perform a miraculous change of the substance of bread and wine into the body and blood of Christ, which the priest then offered as a sacrifice for remission of pain or guilt. This reflected the blood sacrifice of Christ dying on the cross. In the ma.s.s, only the priests drank the wine. The ma.s.s, miracles, the worship of saints, prayers for souls in purgatory, and pilgrimages to shrines such as that of Thomas Becket, were all to be discontinued. Imprisonment or exile rather than death was made the penalty for heresy and blasphemy, and also for adultery.

After the King dissolved the greater monasteries, he took and sold their ornaments, silver plate and jewelry, lead from roofs of their buildings, and finally much of the land itself. Many maps of manors and lands were made at this time. Three monasteries were converted into the first three treating hospitals in London, one for the diseased, one for the poor, and one, Bethlehem (or "Bedlam" for short), for the mentally ill. But there were still many poor, sick, blind, aged, and impotent people in the streets since the closure of the monasteries. In 1552, there were 2,100 people in need of relief, including 300 orphans, 600 sick or aged, 350 poor men overburdened with their children, 650 decayed householders, and 200 idle vagabonds. The poor often begged at parishes, where they spread disease. London then set up a poor relief scheme. The Bridewell was established to set to work the idle, vagabonds, and prost.i.tutes making feather bed ticks and wool-cards, drawing of wire, carding, knitting, and winding of silk. Parishes were required to give money for the poor in 1563. Other towns followed London's lead in levying a poor rate.

Henry used the proceeds from the sale of the monasteries for building many new palaces and wood ships for his navy. In war, these navy ships had heavy guns which could sink other ships. In peace time, these ships were hired out to traders. Large ships were constructed in docks, made partly by digging and partly by building walls. In 1545, Henry issued a proclamation ordering all vagabonds, ruffians, masterless men, and evil-disposed persons to serve him in his navy.

The former land of the monasteries, about 30% of the country's land, was sold and resold, usually to great landowners, or leased. t.i.tle deeds became important as attorneys sought the security that t.i.tle could give.

Some land went to entrepreneurial cloth manufacturers, who converted the buildings for the manufacture of cloth. They bought the raw wool and hired craftsmen for every step of the manufacturing process to be done in one continuous process. This was faster than buying and selling the wool material between craftsmen who lived in different areas. Also, it was more efficient because the amount of raw wool bought could be adjusted to the demand for cloth.

Many landowners now could live in towns exclusively off the rents of their rural land. Rents were increased so much that tenants could not pay and were evicted. They usually became beggars or thieves. Much of their former land was converted from crop raising to pasture for large herds of sheep. Arable farming required many workers, whereas sheep farming required only one shepherd and herdsman. There were exceptional profits made from the export of wool cloth. But much raw wool was still exported. Its price went up from 6s.8d. per tod [about 28 pounds] in 1340 to 20s.8d. in 1546.

Villeinage was now virtually extinct. But a lord could usually claim a small money-rent from the freeholder, sometimes a relief when his land was sold or pa.s.sed at death, and occasionally a heriot from his heir.

There was steady inflation. Landlords made their leases short term so that they could raise rents as prices rose. Copyholders gradually acquired a valuable right in their holdings: their rent became light - less that a shilling an acre.

The knights had 70% of the land, the n.o.bles 10%, the church 10%, and king 5%. At least 85% of the population still lived in the country. Rich traders built town or country houses in which the emphasis was on comfort and privacy. There was more furniture, bigger windows filled with gla.s.s, thick wallpaper, and formal gardens. Use of thick, insulating wallpaper rose with the rise of paper mills. It was stenciled, hand-painted, or printed. Some floors were tiled instead of stone or wood. They were still strewn with straw. The owners ate in a private dining room and slept in their own rooms with down quilts. Their soap was white. They had clothing of white linen and white wool, leather slippers, and felt hats. Men wore long tunics open at the neck and filled in with pleated linen and enormous puffed sleeves. The fortunes of landowners varied; some went into aristocratic debt by ostentatiously spending on building, clothes, food, and drink, and some became indebted by inefficient management. Some had to sell their manors and dismiss their servants.

All people generally had enough food because of the commercialization of agriculture. Even the standard meal of the peasant was bread, bacon, cheese, and beer or cider, with beef about twice a week. Also, roads were good enough for the transport of foodstuffs thereon. Four-wheeled wagons for carrying people as well as goods. Goods were also transported by the pulling of barges on the rivers from paths along the river. A plough with wheels was used as well as those without.

Henry made proclamations reminding people of the apparel laws, but they were difficult to enforce. Henry also made a proclamation limiting the consumption of certain meat according to status. Seven dishes were allowed to bishops, dukes, marquises, and earls; six to other temporal lords; five to justices, the King's council, sheriffs, and persons with an income of at least 200 pounds yearly or goods worth 2000 pounds; four to persons with an income of at least 100 pounds or goods worth 1000 pounds; and three dishes to persons with an income of at least 100 pounds or goods worth 500 pounds. There were limits on types of meat served, such as a maximum of one dish of great fowl such as crane, swan, and peac.o.c.k; eight quail per dish; and twelve larks in a dish. People used tin or pewter dishes, platters, goblets, saucers, spoons, saltcellars, pots, and basins. They used soap to wash themselves, their clothes, and their dishes. A solid, waxy soap was from evaporating a mixture of goat fat, water, and ash high in pota.s.sium carbonate. They had bedcovers on their beds. Cloth bore the mark of its weaver and came in many colors. Cloth could be held together with pins that had a shank with a hook by which they were closed. They burned wood logs in the fireplaces in their houses. So much wood was used that young trees were required by statute to be given enough lateral s.p.a.ce to spread their limbs and were not cut down until mature. The organ and the harp, precursor to the piano, were played.

People went to barbers to cut their hair and to extract teeth. They went to people experienced with herbs, roots, and waters for treatment of skin conditions such as sores, cuts, burns, swellings, irritated eyes or scaly faces. For more complicated ailments, they went to physicians, who prescribed potions and medicines. They bought potions and medicines from apothecaries and pharmacists.

The King, earls, who ruled counties, and barons, who had land and a place in the House of Lords, still lived in the most comfort. The King's house had courtyards, gardens, orchards, wood-yards, tennis courts, and bowling alleys.

The walls of the towns were manned by the citizens themselves, with police and watchmen at their disposal. In inns, travelers slept ten to a bed and there were many fleas and an occasional rat or mouse running through the rushes strewn on the floor. The inn provided a bed and ale, but travelers brought their own food. Each slept with his purse under his pillow.

In markets, sellers set up booths for their wares. They sold grain for making oatmeal or for sowing one's own ground. Wine, b.u.t.ter, cheese, fish, chicken, and candles could also be bought. Butchers bought killed sheep, lambs, calves, and pigs to cut up for selling. Tanned leather was sold to girdlemakers and shoemakers. Goods bought in markets were presumed not to be stolen, so that a purchaser could not be dispossessed of goods bought unless he had knowledge that they were stolen.

The ruling group of the towns came to be composed mostly of merchants, manufacturers, attorneys, and physicians. Some townswomen were independent traders. The governed cla.s.s contained small master craftsmen and journeyman artisans, small traders, and dependent servants. The major streets of London were paved with stone, with a channel in the middle. More water conduits from hills, heaths, and springs were built to provide the citizens of London with more water. The sewers carried only surface water away. Households were forbidden to use the sewers.

Privies emptied into cesspools.

The Merchant Adventurers' Fellowship brought virtually all adventurers under its control and organized and regulated the national cloth trade.

It had a General Court of the Adventurers sitting in the London Mercers'

Hall. Various companies were granted monopolies for trade in certain areas of the world such as Turkey, Spain, France, Venice, the Baltic, and Africa. These were regulated companies. That is they obtained complete control of a particular foreign market, but any merchant who cared to join the company, pay its dues, and obey its regulations, might share in the benefits of its monopoly. The companies generally confined trade to men who were primarily merchants and not shopkeepers. In 1553 explorer Sebastian Cabot formed the Muscovy Company, which was granted a monopoly in its charter for trade with north Russia. It was oriented primarily to export English woolen cloth. It was the first company trading on a joint stock, which was arranged as a matter of convenience and safety. The risks were too great for any few individuals. It hired ships and a.s.signed s.p.a.ce to each member to ship his goods at his own risk. The dividend was returned to the subscribers of the capital they put in plus an appropriate share of any profits made on the voyage. The members began leaving their money with the company for the next voyage.

A general stock grew up. In 1568 were the first industrial companies: Mines Royal, and Mineral and Battery Works. The cloth, mining, iron, and woodcraft industries employed full-time workers on wages. In the ironworks and foundries, the furnace blowing engines were worked by water wheels or by a gear attached to donkeys or horses. The forge hammers were worked at first by levers and later by water wheels. The day and night hammering filled the neighborhood with their noise.

Land held in common was part.i.tioned. There were leases of mansion houses, smaller dwelling houses, houses with a wharf having a crane, houses with a timber yard, houses with a garden, houses with a shed, shops, warehouses, cellars, and stables. Lands with a dye-house or a brew-house were devised by will along with their dying or brewing implements. There were dairies making b.u.t.ter and cheese.

Citizens paid taxes to the king amounting to one tenth of their annual income from land or wages. Merchants paid "forced loans" and benevolences. The national government was much centralized and had full-time workers on wages. A national commission of sewers continually surveyed walls, ditches, banks, gutters, sewers, ponds, bridges, rivers, streams, mills, locks, trenches, fish- breeding ponds, and flood gates.

When low places were threatened with flooding, it hired laborers, bought timber, and hired carts with horses or oxen for necessary work. Mayors of cities repaired water conduits and pipes under their cities' ground.

The matchlock musket came into use, but did not replace the bow because its matchcord didn't remain lit in rainy weather. The matchlock was an improvement over the former musket because both hands could be used to hold and aim the matchlock musket because the powder was ignited by a device that touched a slow-burning cord to the powder when a trigger was pulled with one finger.

After the break with Rome, cooperation among villagers in church activities largely ceased. The altars and images previously taken care of by them disappeared and the paintings on the walls were covered with white or erased, and scripture texts put in their place. People now read the new Bible, the "Paraphrases" of Erasmus, Foxe's "Book of Martyrs", and the works of Bishop Jewel. The Book of Martyrs taught the duty and splendor of rising above all physical danger or suffering. The canon law of the church was abolished and its study prohibited. Professorships of the civil law were founded at the two universities. The Inns of Court grew. Attorneys had more work with the new laws pa.s.sed to replace the church canons of the church. They played an important role in town government and many became wealthy. They acquired town houses in addition to their rural estates.

Church reforms included abolishing church sanctuaries. Benefit of clergy was restricted more. Parsons were allowed to marry. Archbishops were selected by the king without involvement by the pope. Decisions by archbishops in testamentary, matrimonial, and marriage annulment matters were appealable to the Court of Chancery instead of to the pope. The clergy's canons were subject to the King's approval. The control of the church added to the powers of the Crown to summon and dissolve Parliament, coin money, create peers [members of the House of Lords who received individual writs of summons to Parliament], pardon criminals, order the arrest of dangerous persons without customary process of law in times of likely insurrection, tax and call men to arms without the consent of Parliament if the country were threatened with invasion.

About 1550 there began indictments and executions for witchcraftery which lasted for about a century. One of the reasons for suspecting a woman to be a witch was that she lived alone, which was very unusual.

Henry ordered all alien Anabaptists, who denied the validity of infant baptism, to leave the realm.