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Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 cover

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776

Chapter 14: Chapter 13
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About This Book

The work provides a concise primer on English legal development from early Anglo-Saxon codes through statutes and institutions up to the late 18th century. It reproduces or paraphrases foundational sources such as early kings' law codes and the Magna Carta, and follows the rise of common law, the jury system, chancery equity, and the professional attorney. Each chronological chapter supplies contextual background (The Times), the substantive rules (The Law), and procedural practice (Judicial Procedure), defines specialized terms for readers without prior legal training, and narrows scope by excluding matters like Scottish affairs and wars with Ireland.

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 peacock; 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 potassium 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 space 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, butter, cheese, fish, chicken, and candles could also be bought. Butchers bought killed sheep, lambs, calves, and pigs to cut up for selling. Tanned leather was sold to 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 class contained small master craftsmen and journeyman artisans, small traders, and dependent servants. The major streets of London were paved with stone, with a channel in the middle. More water conduits from hills, heaths, and springs were built to provide the citizens of London with more water. The 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 assigned space 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 partitioned. There were leases of mansion houses, smaller dwelling houses, houses with a wharf having a crane, houses with a timber yard, houses with a garden, houses with a shed, shops, warehouses, cellars, and stables. Lands with a dye-house or a brew-house were devised by will along with their dying or brewing implements. There were dairies making butter and cheese.

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 passed 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.

The Law

Offices may not be bought and sold, but only granted by justices of the royal courts.

The King's proclamations shall be observed and kept as though they were acts of Parliament. The penalty shall not be more than that stated in the proclamation, except for heresy.

A person having land in socage or fee simple may will and devise his land by will or testament in writing.

A person holding land by knight's service may will and devise by his last will and testament in writing part of his land to his wife and other parts of his land to his children, as long as 1/3 of entailed land is left to the King.

Anyone serving the king in war may alienate his lands for the performance of his will, and if he dies, his feoffees or executors shall have the wardship of his heir and land.

A person who leases land for a term of years, even if by indenture or without a writing, may have a court remedy as do tenants of freehold for any expulsion by the lessor which is contrary to the lease, covenant, or agreement. These termers, their executors and assigns, shall hold and enjoy their terms against the lessors, their heirs and assigns. The lessor shall have a remedy for rents due or waste by a termer after recovering the land as well as if he had not recovered the land.

A lord may distrain land within his fee for rents, customs, or services due without naming the tenant, because of the existence of secret feoffments and leases made by their tenants to unknown persons.

Anyone seised of land to the use or trust of other persons by reason of a will or conveyance shall be held to have lawful seisin and possession of the land, because by common law, land is not devisable by will or testament, yet land has been so conveyed, which has deprived married men of their courtesy, women of their dower, the king of the lands of persons attainted, the king of a year's profits from felons' lands, and lords of their escheats. (This was difficult to enforce.)

A woman may not have both a jointure [promise of husband to wife of property or income for life after his death] and dower of her husband's land. (Persons had purchased land to hold jointly with their wives)

A sale of land must be in writing, sealed, and registered in its county with the clerk of that county. If the land is worth less than 40s. per year, the clerk is paid 12d. If the land exceeds 40s. yearly, the clerk is paid 2s.6d.

An adult may lease his lands or tenements only by a writing under his seal for a term of years or a term of life, because many people who had taken leases of lands and tenements for a term of years or a term of lives had to spend a lot for repair and were then evicted by heirs of their lessors.

A husband may not lease out his wife's land.

        No woman-covert, child, idiot, or person of insane memory may
devise land by will or testament.

        The land of tenants-in-common may be partitioned by them so
that each holds a certain part.

No bishop or other official having authority to take probate of testaments may take a fee for probating a testament where the goods of the testator are under 100s., except that the scribe writing the probate of the testament may take 6d., and for the commission of administration of the goods of any man dying intestate, being up to 100s, may be charged 6d. Where the goods are over 100s. but up to 800s. sterling, probate fees may be 3s.6d. at most, whereof the official may take 2s.6d. at most, with 12d. residue to the scribe for registering the testament. Where the goods are over 800s. sterling, probate fees may be 5s. at most, whereof the official may take 2s.6d. at most, with 2s.6d. residue to the scribe, or the scribe may choose to take 1d. per 10 lines of writing of the testament. If the deceased had willed by his testament any land to be sold, the money thereof coming nor the profits of the land shall not be counted as the goods or chattel of the deceased. Where probate fees have customarily been less, they shall remain the same. The official shall approve and seal the testament without delay and deliver it to the executors named in such testaments for the said sum. If a person dies intestate or executors refuse to prove the testament, then the official shall grant the administration of the goods to the widow of the deceased person, or to the next of kin, or to both, in the discretion of the official, taking surety of them for the true administration of the goods, chattels, and debts. Where kin of unequal degree request the administration, it shall be given to the wife and, at his discretion, other requestors. The executors or administrators, along with at least two persons to whom the deceased was indebted, or to whom legacies were made, or, upon their refusal or absence, two honest kinsmen, shall make an inventory of the deceased's personal property, goods, chattels, ware, merchandise, and take it upon their oaths to the official.

No parish clergyman or other spiritual person shall take a mortuary fee or money from a deceased person with movable goods under the value of 133s., a deceased woman-covert, a child, a person keeping no house, or a traveler. Only one mortuary fee may be taken of each deceased and that in the place where he most dwelled and lived. Where the deceased's personal property and goods are to the value of 133s. or more, above his debts paid, and under 600s., a mortuary up to 3s. 4d. may be taken. Where such goods are 600s. or more and under 800s., mortuary up to 6s.8d. may be taken. Where such goods are 800s. or above, mortuary up to 10s. may be taken. But where mortuaries have customarily been less, they shall remain the same.

Executors of a will declaring land to be sold for the payment of debts, performance of legacies to wife and children, and charitable deeds for the health of souls, may sell the land despite the refusal of other executors to agree to such sale.

A man may not marry his mother, stepmother, sister, niece, aunt, or daughter.

Any clergy preaching contrary to the King's religious doctrine shall recant for the first offense. He shall abjure and bear a faggot (a badge resembling a faggot of wood which would have been used for burning him as a heretic) for the second offense. If he refuses to abjure or bear a faggot or offends a third time, he shall be burned and lose all his goods. If a layperson teaches, defends, or maintains a religious doctrine other than the King's, he shall recant and be imprisoned for twenty days for the first offense. He shall abjure and bear a faggot if he does not recant or offends a second time. He shall forfeit his goods and suffer perpetual imprisonment if he does not abjure or bear a faggot or offends a third time.

The entry of an apprentice into a craft shall not cost more than 2s.6d. After his term, his entry shall not be more than 3s.4d. This replaced the various fees ranging from this to 40s.

No master of a craft may require his apprentice to make an oath not to compete with him by setting up a shop after the term of his apprenticeship.

No alien may take up a craft or occupation in the nation.

No brewer of ale or beer to sell shall make wood vessels or barrels, and coopers shall use only good and seasonable wood to make barrels and shall put their mark thereon. Every ale or beer barrel shall contain 32 of the King's standard gallons. The price of beer barrels sold to ale or beer brewers or others shall be 9d.

An ale-brewer may employ in his service one cooper only to bind, hoop and pin, but not to make, his master's ale vessels.

No butcher may keep a tanning-house.

Tanned leather shall be sold only in open fairs and markets and after it is inspected and sealed.

Only people living in designated towns may make cloth to sell, to prevent the ruin of these towns by people taking up both agriculture and cloth-making outside these towns. No one making cloth for sale may have more than one woolen loom or else forfeit 20s. This to protect the weavers' ability to maintain themselves and their families from rich clothiers who keep many looms and employ journeymen and unskillful persons at low wages. No one owning a fulling mill may own a weaving loom. No weaver may own a fulling mill.

        No one shall shoot in or keep in his house any handgun or
crossbow unless he has 2,000s. yearly.

        No one may hunt or kill hare in the snow since their killing in
great numbers by men other than the king and noblemen has depleted them.

No one shall take an egg or bird of any falcon or hawk out of its nest on the King's land. No one may disguise himself with hidden or painted face to enter a forest or park enclosed with a wall for keeping deer to steal any deer or hare.

Ducks and geese shall not be taken with any net or device during the summer, when they haven't enough feathers to fly. But a freeholder of 40s. yearly may hunt and take such with long bow and spaniels.

No one may sell or buy any pheasant except the King's officers may buy such for the King.

No butcher may kill any calf born in the spring.

        No grain, beef, mutton, veal, or pork may be sold outside the
nation.

        Every person with 36 acres of agricultural land, shall sow one
quarter acre with flax or hemp-feed.

All persons shall kill crows on their land to prevent them from eating so much grain at sowing and ripening time and destroying hay stacks and the thatched roofs of houses and barns. They shall assemble yearly to survey all the land to decide how best to destroy all the young breed of crows for that year. Every village and town with at least ten households shall put up and maintain crow nets for the destruction of crows.

No land used for raising crops may be converted to pasture. No woods may be converted to agriculture or pasture. The efforts to enforce these proved these prohibitions were not successful.

No one shall cut down or break up dikes holding salt water and fresh water from flooding houses and pastures.

No one shall dump tin-mining debris, dung, or rubbish into rivers flowing into ports or take any wood from the walls of the port, so that ships may always enter at low tide.

A person may lay out a new highway on his land where the old one has been so damaged by waterways that horses with carriages cannot pass, with the consent of local officials.

Only poor, aged, and disabled persons may beg. Begging without a license is punishable by whipping or setting in the stocks 3 days with only bread and water.

Alien palm readers shall no longer be allowed into the nation, because they have been committing felonies and robberies.

Butchers may not sell beef, pork, mutton, or veal from carcasses for more than 1/2 penny and 1/2 farthing [1/4 penny] per pound.

French wines may not sell at retail for more than 8d. per gallon.

A barrel maker or cooper may sell a beer barrel for 10d.

        No longer may aliens bring books into the nation to sell
because now there are sufficient printers and bookbinders in the nation.

        No one may buy fresh fish other than sturgeon, porpoise, or
seal from an alien to put to sale in the nation.

Every person with an enclosed park where there are deer, shall keep two tall and strong mares in such park and shall not allow them to be mounted by any short horse, because the breeding of good, swift, and strong horses has diminished.

A man may have only as many trotting horses for the saddle as are appropriate to his degree.

No one may maintain for a living a house for unlawful games such as bowling, tennis, dice, or cards. No artificer, craftsman, husbandman, apprentice, laborer, journeyman, mariner, fisherman may play these games except at Christmas under his master's supervision. Noblemen and others with a yearly income of at least 2,000s. may allow his servants to play these games at his house.

Hemp or flax may not be watered in any river or stream where animals are watered.

No one shall sell merchandise to another and then buy back the same merchandise within three months at a lower price. No one shall sell merchandise to be paid for in a year above the sum of 200s. per 2000s. worth of merchandise. No one shall sell or mortgage any land upon condition of payment of a sum of money before a certain date above the sum of 200s. per 2000s. per year.

        No one shall commit forgery by counterfeiting a letter made in
another person's name to steal any money, goods, or jewels.

        No one shall libel by accusing another of treason in writing
and leaving it in an open place without subscribing his own name to it.

If any servant converts to his own use more than 40s. worth of jewels, money, or goods from caskets entrusted to him for safekeeping by a nobleman or other master or mistress, it shall be a felony.

If a person breaks into a dwelling house by night to commit burglary or murder, is killed by anyone in that house, or a person is killed in self-defense, the killer shall not forfeit any lands or goods for the killing.

Killing by poisoning shall be deemed murder and is punishable by death.

A person who has committed a murder, robbery, or other felony he has committed shall be imprisoned for his natural life and be burned on the hand, because those who have been exiled have disclosed their knowledge of the commodities and secrets of this nation and gathered together to practice archery for the benefit of the foreign realm. If he escapes such imprisonment, he shall forfeit his life.

A person convicted or outlawed shall be penalized by loss of life, but not loss of lands or goods, which shall go to his wife as dower and his heirs.

Buggery may not be committed on any person or beast.

        No one shall slander or libel the king by speeches or writing
or printing or painting.

        No one shall steal fish from a pond on another's land by using
nets or hooks with bait or by drying up the pond.

The mayor of London shall appoint householders to supervise watermen rowing people across the Thames River because many people have been robbed and drowned by these rowers. All such boats must be at least 23 feet long and 5 feet wide.

        No man shall take away or marry any maiden under 16 years of
age with an inheritance against the will of her father.

        Any marriage solemnized in church and consummated shall be
valid regardless of any prior agreement for marriage.

Sheriffs shall not lose their office because they have not collected enough money for the Exchequer, but shall have allowances sufficient to perform their duties.

Butchers, brewers, and bakers shall not conspire together to sell their victuals only at certain prices. Artificers, workmen and laborers shall not conspire to work only at a certain rate or only at certain hours of the day.

No one shall sell any woolen cloth that shrinks when it is wet.

No one shall use a rope or device to stretch cloth for sale so to make it appear as more in quantity than it is.

No one may sell cloth at retail unless the town where it was dressed, dyed, and pressed has placed its seal on the cloth. Cloth may not be pressed with a hot press, but only with a cold press.

Only artificers using the cutting of leather, may buy and sell tanned leather and only for the purpose of converting it into made wares.

A beggar's child above five years may be taken into service by anyone that will.

Cattle may be bought only in the open fair or market and only by a butcher or for a household, team, or dairy, but not for resale live.

Butter and cheese shall not be bought to be sold again except at retail in open shop, fair, or market.

No man may enter a craft of cloth-making until he has been an apprentice for seven years or has married a clothiers' wife and practicing the trade for years with her and her servants sorting the wool.

No country person shall sell wares such as linen drapery, wool drapery, hats, or groceries by retail in any incorporated town, but only in open fairs.

For every 60 sheep there shall be kept one milk cow because of the scarcity of cattle.

No clothier may keep more than one wool loom in his house, because many weavers do not have enough work to support their families. No weaver may have more than two wool looms.

No clothmaker, fuller, shearman, weaver, tailor, or shoemaker shall retain a journeyman to work by the piece for less than a three month period. Every craftsman who has three apprentices shall have one journeyman. Servants in agriculture and bargemen shall serve by the whole year and not by day wages.

There shall be a sales tax of 12d. per pound of wool cloth goods for the Crown.

All people shall attend church on Sundays to remember God's benefits and goodness to all and to give thanks for these with prayers and to pray to be given daily necessities.

Anyone fighting in church shall be excluded from the fellowship of the parish community.

No one going from house to house to repair metal goods or sell small goods he is carrying may do this trade outside the town where he lives.

No one may sell ale or beer without a license, because there have been too many disorders in common alehouses. Offenders may be put in the town or county gaol for three days.

Only persons with yearly incomes of 1,333s. or owning goods worth 13,333s. may store wine in his house and only for the use of his household.

        No one may sell forged iron, calling it steel, because the
edged tools and weapons made from it are useless.

        Parish communities shall repair the highways for four days each
year using oxen, cart, plough, shovels, and spades.

The children of priests are declared legitimate so they may inherit their ancestor's lands. The priests may be tenants by courtesy after the death of their wives of such land and tenements that their wives happened to be seized of in fee simple or in fee tail, during the spousals.

As of 1541, it was felony to practice witchcraft, sorcery, enchantment, or conjuration [invocation of spirits] for the purpose 1) of obtaining money, or 2) to consume any person in his body, members, or goods, or 3) to provoke any person to unlawful love or lucre of money, or 4) to declare where stolen goods be, or 5) to despite Christ, or 6) to pull down any cross.

The Year Books of case decisions ceased in 1535.

Judicial Procedure

Since the nation was now peaceful, expediency was no longer needed, so judicial procedures again became lengthy and formal with records.

The Privy Council took the authority of the Star Chamber court, which organized itself as a specialty court.

A specific group of full-time councilors heard pleas of private suitors. By royal proclamation of 1546, only those admitted by the Chancellor and two chief justices may practice as counsel or in legal pleading in any of the King's courts. Also, such a person must be serjeant-at-law, reader, utter barrister, or an eight-year fellow of one of the four houses of court, except in the Court of Common Pleas.

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

The Chancery court enforced the obligations known as trusts, in the name of equity and good conscience. It adopted every analogy that the common law presented. Its procedure was to force the defendant to answer on oath the charges that were brought against him. All pleadings and usually testimony was put into writing. Much evidence consisted of written affidavits. There was no jury. The Chancery court did not record its decisions apparently because it did not see itself as bound by precedents.

When acting as the highest court, the House of Lords was presided over by the Chancellor, who sat on his prescribed place on the wool sacks. It had the following jurisdiction: trial of peers for high treason and serious felony, appeals on writs of error from courts of the common law, and impeachment. The House of Lords served as judge of impeachment cases, whereas the House of Commons served as fact finders.

Witnesses could be sworn in to state pertinent facts necessary for full understanding and adjudication of cases, because they are reliable now that there is no unlicensed livery and maintenance and because jurors no longer necessarily know all the relevant facts.

Justices shall tax inhabitants of the county for building gaols throughout the nation, for imprisonment of felons, to be kept by the sheriffs and repaired out of the Exchequer.

Piracy at sea or in river or creek or port are adjudicated in counties because of the difficulty of obtaining witnesses from the ship, who might be murdered or who are on other voyages on the sea, for adjudication by the admiral.

Piracy and murder on ships is punishable by death only after confession or proof by disinterested witnesses.

Land held by tenants in common may be partitioned by court order, because some of these tenants have cut down all the trees to take the wood and pulled down the houses to convert the material to their own use.

Persons worth 800s. a year in goods shall be admitted in trials of felons in corporate towns although they have no freehold of land.

Each justice of the high courts may employ one chaplain.

The bishops, nobility, and Justices of the Peace were commanded to imprison clergy who taught papal authority. Justices of the Peace and sheriffs were to watch over the bishops. The Justices of Assize were to assess the effectiveness of the Justices of the Peace as well as enforce the treason statute on circuit.

The criminal court went outside the common law to prosecute political enemies, e.g. by dispensing with a jury.

The leet court and sheriff's turn court have much less jurisdiction. They may dispose of presentments of trespasses and nuisances, but not felony or question of freehold. Such presentments are made by a set of at least twelve men, and the presented person is amerced there and then.

The humanist intellectual revival caused the church courts to try to eliminate contradictions with state law, for instance in debt, restitution, illegitimacy, and the age of legal majority.

An example of a case in the King's Bench is this: "A French priest was indicted in Kent for bringing false ducats into the realm in order to make payment, knowing them to be false. He was thereupon arraigned and found guilty, and the judgment was respited and the record sent into the King's Bench. And there he was discharged; for the statute of 25 Edw. 3 is for bringing (in) false money counterfeiting coin of the realm, and the ducats are not coin of the realm"

In the case of R. v. Thorpe "A man robbed a church in Essex and was indicted for it in Essex; and he went to Ipswich in Suffolk and a goldsmith received him; and they were both indicted in Suffolk, one as principal and the other as accessory, because the principal had brought part of the stolen goods to Ipswich. And the justices in Essex sent a writ for the principal, whereby he was there arraigned and found guilty and hanged. Then the other indictment in Suffolk was removed into the King's Bench, and upon process the sheriff returned the principal dead; so the accessory came by process and pleaded the death of the principal, and the attorney for the king confessed it, and therefore he was discharged."

In the case of R. v. More, "And then on Thursday, the first day of July, Sir Thomas more, knight (who had earlier been Chancellor of England and was afterwards discharged from the same office) was arraigned before the said SIR THOMAS AUDLEY, Chancellor and the other commissioners, for treason, in that he was an aider, counsellor and abettor to the said Fisher, and also that he falsely, maliciously, and traitorously desiring, willing, and scheming, contrived, practised and attempted to deprive the king of his dignity, name and title of Supreme Head on earth of the Church of England. (He was) found guilty, and the said Chancellor gave judgment. And the said More stood firmly upon the statute of 26 Hen 8, for he said that the Parliament could not make the king Supreme Head, etc. He was beheaded at Tower Hill,"

Chapter 13

The Times: 1558-1601

Queen Elizabeth I was intelligent, educated, and wise about human nature. When young, she was a brilliant student and studied the Bible, philosophy, literature, oratory, and Greek and Roman history. She wrote in English, Latin, French, and Italian. She read Greek, including the Greek Testament, Greek orators, and Greek dramatists, at age seven, when the first professorship of Greek was founded at Cambridge University. Learning from books was one of her highest values throughout her life.

She read so much and was so influenced by Cicero that she acquired his style of writing. Her Chief Secretary William Cecil was so guided by Cicero's "Offices" that he carried a copy in his pocket. Cicero opined that government officials had a duty to make the safety and interest of citizens its greatest aim and to influence all their thoughts and endeavors without ever considering personal advantage. Government was not to serve the interest of any one group to the prejudice or neglect of the rest, for then discord and sedition would occur. Furthermore, a ruler should try to become loved and not feared, because men hated those whom they feared, and wished them dead. Therefore obedience proceeding from fear could not last, whereas that which was the effect of love would last forever. An oppressor ruling by terror would be resented by the citizens, who in secret would choose a worthier person. Then liberty, having been chained up, would be unleashed more fiercely than otherwise. To obtain the peoples' love, a ruler should be kind and bountiful. To obtain the peoples' trust, a ruler should be just, wise, and faithful. To demonstrate this, a ruler should be eloquent in showing the people an understanding better than theirs, the wisdom to anticipate events, and the ability to deal with adverse events. And this demonstration should be done with modesty. One cannot get the peoples' trust by vain shows, hypocritical pretenses, composed countenances, and studied forms of words. The first goal of a ruler is to take care that each individual is secured in the quiet enjoyment of his own property. The second goal is to impose taxes that are not burdensome. The third goal is to furnish the people with necessaries. The law should be enforced keeping in mind that its fundamental purpose is to keep up agreement and union among citizens.

Elizabeth cared deeply for the welfare of all citizens of whatever class. She was sensitive to public opinion and was loved by her people. She respected truth and was sincere, avoiding guile or fraud. She claimed that she had never dishonored her tongue with a falsehood to anyone. She expected that any covert manipulations by monarchs would be found out and therefore would damage their credibility. "It becometh therefor all of our rank to deal sincerely; lest if we use it not, when we do it we be hardly believed."

She was frugal and diplomatically avoided unnecessary wars, saying that her purse was the pockets of her people. Her credit reputation was so good that she could always get loans at small rates of interest from other countries. England was a small Protestant nation threatened by the larger Catholic nations of France and Spain. When Elizabeth flirted and talked of marriage with foreign princes, they laid aside any thoughts of conquering England by war, hoping to obtain it my marriage. Not only did she not seek to conquer other lands, but she turned down an invitation to rule the Netherlands.

Elizabeth prayed for divine guidance as in this prayer: "Almighty God and King of all kings, Lord of heaven and earth, by whose leave earthly princes rule over mortals, when the most prudent of kings who administered a kingdom, Solomon, frankly confessed that he was not capable enough unless Thou broughtst him power and help, how much less am I, Thy handmaid, in my unwarlike sex and feminine nature, adequate to administer these Thy kingdoms of England and of Ireland, and to govern an innumerable and warlike people, or able to bear the immense magnitude of such a burden, if Thou, most merciful Father didst not provide for me (undeserving of a kingdom) freely and against the opinion of many men. Instruct me from heaven, and give help so that I reign by Thy grace, without which even the wisest among the sons of men can think nothing rightly. Send therefore, O inexhaustible Fount of all wisdom, from Thy holy heaven and the most high throne of Thy majesty, Thy wisdom to be ever with me, that it may keep watch with me in governing the commonwealth, and that it may take pains, that it may teach me, Thy handmaid, and may train me that I may be able to distinguish between good and evil, equity and iniquity, so as rightly to judge Thy people, justly to impose deserved punishments on those who do harm, mercifully to protect the innocent, freely to encourage those who are industrious and useful to the commonwealth. And besides, that I may know what is acceptable to Thee alone, vouchsafe that I wish, dare, and can perform it without paying respect to any earthly persons or things. So that when Thou Thyself, the just Judge, who askest many and great things from those to whom many and great things are entrusted, when Thou requirest an exact accounting, charge me not with badly administering my commonwealth and kingdom. But if by human thoughtlessness or infirmity Thy handmaid strays from the right in some thing, absolve me of it by Thy mercy, most high King and most mild Father, for the sake of Thy Son Jesus Christ; and at the same time grant that after this worldly kingdom has been exacted of me, I may enjoy with Thee an eternity in Thy heavenly and unending kingdom, through the same Jesus Christ, Thy Son and the Assessor of Thy kingdom, our Lord and Mediator. To whom with Thee and with the Holy Spirit, one everlasting King, immortal, invisible, only-wise God, be all honor and glory forever and ever, amen."

Elizabeth promoted commercial speculations, which diffused a vast increase of wealth among her people. The Elizabethan era was one of general prosperity. Her good spirits and gayness created a happy mood in the nation. She loved dancing and madrigal music was popular. She came to dress elaborately and fancifully. Her dresses were fitted not only at the waist, but along the torso by a long and pointed bodice stiffened with wood, steel, or whalebone. Her skirt was held out with a petticoat with progressively larger hoops. There were two layers of skirt with the top one parted to show the bottom one. The materials used were silks, satins, velvets, and brocades. On her dress were quiltings, slashings, and embroidery. It was covered with gold ornaments, pearls, gems, and unusual stones from America. She wore decorated gloves. Ladies copied her and discarded their simple over-tunics for elaborate dresses. The under-tunic became a petticoat and the over-tunic a dress. Often they also wore a fan with a mirror, a ball of scent, a miniature portrait of someone dear to them, and sometimes a watch. Single ladies did not wear hats, but had long, flowing hair and low cut dresses showing their bosoms. Married ladies curled their hair and wore it in high masses on their heads with jewels interwoven into it. Both gentlemen and ladies wore hats both indoors and outside and large, pleated collars around their necks (with the newly discovered starch), perfume, rings with stones or pearls, and high-heeled shoes. Gentlemen's' tight sleeves, stiffened and fitted doublet with short skirt, and short cloak were ornamented and their silk or velvet hats flamboyant, with feathers. At their leather belts they hung pouches and perhaps a watch. They wore both rapiers [swords with cutting edges] and daggers daily as there were many quarrels. There were various artistic beard cuts and various lengths of hair, which was often curled and worn in ringlets. Barbers sought to give a man a haircut that would favor his appearance, for instance a long slender beard for a round face to make it seem narrower and a broad and large cut for a lean and straight face. Men now wore stuffed breeches and stockings instead of long hosen. Some wore a jeweled and embroidered codpiece between their legs to emphasize their virility. Both gentlemen and ladies wore silk stockings and socks over them and then boots. Coats dipped in boiled linseed oil with resin served as raincoats. Both men and women wore velvet or wool full length nightgowns with long sleeves and fur lining and trimming to bed, which was the custom for the next 150 years. Fashions changed every year due to the introduction of cheaper, lighter, and less durable cloths by immigrant craftsmen. When Elizabeth became old, she had a wig made to match her youthful long red hair. Other ladies then began wearing wigs.

Every few years, Elizabeth issued a proclamation reminding people of the apparel laws and reiterating certain provisions which had been disregarded. For instance, only the royal family and dukes and marquises in mantles [cloaks] of the garter could wear the color purple. One had to be at least an earl to wear gold or silver or sable. Only dukes, marquises, earls and their children, barons, and knights of the order could wear imported wool, velvet, crimson, scarlet, or blue, or certain furs., except that barons' sons, knights, or men who could dispend at least 200 pounds yearly could wear velvet in gowns or coats, embroidery, and furs of leopards. Spurs, swords, rapiers, daggers, and woodknives were restricted to knights and barons' sons or higher. A man who could dispend at least 100 pounds per year could wear taffeta, satin, damask, or cloth made of camels' hair and silk, in his outer garments. One had to be the son and heir or the daughter of a knight or wife of said son or a man who could dispend 20 pounds yearly or had 200 pounds worth in goods to wear silk in one's hat, bonnet, nightcap, girdle, scabbard, or hose. Yeomen, husbandmen, serving men, and craftsmen were very restricted in what they could wear. Poor men wore skirted fustian tunics, loose breeches, and coarse stockings or canvas leggings.

Children wore the same type of apparel as their elders. They were given milk at meals for good growth. It was recognized that sickness could be influenced by diet and herbs. Sickness was still viewed as an imperfect balance of the four humors.

Women spent much of their time doing needlework and embroidery. Since so many of the women who spent their days spinning were single, unmarried women became known as "spinsters".

There were many lifestyle possibilities in the nation: gentleman, that is one who owned land or was in a profession such as a attorney, physician, priest or who was a university graduate, government official, or a military officer; employment in agriculture, arts, sciences; employment in households and offices of noblemen and gentlemen; self-sufficient farmers with their own farm; fisherman or mariner on the sea or apprentice of such; employment by carriers of grain into cities, by market towns, or for digging, seeking, finding, getting, melting, fining, working, trying, making of any silver, tin, lead, iron, copper, stone, coal; glassmaker.

Typical wages in the country were: field-workers 2-3d. a day, ploughmen 1s. a week with board, shepherd 6d. a week and board, his boy 2 1/2 d., hedgers 6d. a day, threshers 3-7d. depending on the grain, thatching for five days 2d., master mason or carpenter or joiner 4d. a day and food or 8d. without food, a smith 2d. a day with food, a bricklayer 2 1/2 d. a day with food, a shoemaker 2d. a day with food. These people lived primarily on food from their own ground.

There was typical work for each month of the year in the country: January - ditching and hedging after the frost broke, February - catch moles in the meadows, March - protect the sheep from prowling dogs, April - put up hop poles, sell bark to the tanner before the timber is felled, fell elm and ash for carts and ploughs, fell hazel for forks, fell sallow for rakes, fell horn for flails, May - weed and hire children to pick up stones from the fallow land, June - wash and shear the sheep, July - hay harvest, August - wheat harvest, September and October - gather the fruit, sell the wool from the summer shearing, stack logs for winter, buy salt fish for Lent in the town and lay it up to dry, November - have the chimneys swept before winter, thresh grain in the barn, December - grind tools, repair yokes, forks, and farm implements, cover strawberry and flower beds with straw to protect them from the cold, split kindling wood with beetle and wedge, tan their leather, make leather jugs, make baskets for catching fish, and carve wood spoons, plates, and bowls.

There was a wave of building and renovation activity in town and country. Housing is now, for the first time, purely for dwelling and not for defense. Houses were designed symmetrically with decorative features instead of a haphazard addition of rooms. Windows were large and put on the outer walls instead of just inside the courtyard. A scarcity of timber caused proportionally more stone to be used for dwelling houses and proportionately more brick to be used for royal palaces and mansions. The rest of the house was plaster painted white interspersed with vertical, horizontal, and sloping timber, usually oak, painted black. There were locks and bolts for protection from intruders. The hall was still the main room, and usually extended up to the roof. Richly carved screens separated the hall from the kitchen. The floors were stone or wood, and sometimes tile. They were often covered with rushes or plaited rush mats, on which incomers could remove the mud from their boots. Some private rooms had carpets on the floor. Walls were smoothly plastered or had carved wood paneling to control drafts. Painted cloths replaced tapestries on walls. Family portraits decorated some walls, usually in the dining room. Iron stands with candles were hung from the ceiling and used on tables. Plastered ceilings and a lavish use of glass made rooms lighter and cozy. Broad and gracious open stairways with carved wood banisters replaced the narrow winding stone steps of a circular stairwell. Most houses had several ornamented brick chimneys and clear, but uneven, glass in the windows. There were fireplaces in living rooms, dining rooms, kitchen, and bedrooms, as well as in the hall and great chamber. Parlors were used for eating and sitting only, but not for sleeping. Closets were rooms off bedrooms in which one could read and write on a writing table, and store one's books, papers, maps, calendar, medals, collections, rarities, and oddities. Sometimes there was a study room or breakfast room as well. A gentleman used his study not only to read and to write, but to hold collections of early chronicles, charters, deeds, copied manuscripts, and coins that reflected the budding interest in antiquarianism; and to study his family genealogy, for which he had hired someone to make an elaborate diagram. He was inclined to have a few classical, religious, medical, legal, and political books there. Rooms were more spacious than before and contained oak furniture such as enclosed cupboards; cabinets; buffets from which food could be served; tables, chairs and benches with backs and cushions, and sometimes with arms; lidded chests for storing clothes and linens, and occasionally chests of drawers or wardrobes, either hanging or with shelves, for clothes. Chests of drawers developed from a drawer at the bottom of a wardrobe. Carpeting covered tables, chests, and beds. Great houses had a wardrobe chamber with a fireplace in front of which the yeoman of the wardrobe and his assistants could repair clothes and hangings. Separate bedchambers replaced bed-sitting rooms. Bedrooms all led out of each other. The lady's chamber was next to her lord's chamber, and her ladies' chambers were close to her chamber. But curtains on the four-poster beds with tops provided privacy and warmth. Beds had elaborately carved bedsteads, sheets, and a feather cover as well as a feather mattress. Often family members, servants, and friends shared the same bed for warmth or convenience. Each bedroom typically had a cabinet with a mirror, e.g. of burnished metal or crystal, and comb on top. One brushed his teeth with tooth soap and a linen cloth, as physicians advised. Each bedroom had a pitcher and water bowl, usually silver or pewter, for washing in the morning, and a chamber pot or a stool with a hole over a bucket for nighttime use, and also fragrant flowers to override the unpleasant odors. The chamber pots and buckets were emptied into cesspits. A large set of lodgings had attached to it latrines consisting of a small cell in which a seat with a hole was placed over a shaft which connected to a pit or a drain. The servants slept in turrets or attics. Elizabeth had a room just for her bath.

Breakfast was substantial, with meat, and usually eaten in one's bedroom. The great hall, often hung around with bows, pikes, swords, and guns, was not abandoned, but the family took meals there only on rare occasions. Instead they withdrew to a parlor, for domestic use, or the great chamber, for entertaining. Parlors were situated on the ground floor: the family lived and relaxed there, and had informal meals in a dining parlor.

More than medieval castles and manor houses, mansions were designed with privacy in mind. The formal or "state" rooms were on the first floor above the ground floor, usually comprising a great chamber, a withdrawing chamber, one or more bedchambers, and a long gallery. Each room had carved chairs and cabinets. Taking a meal in the great chamber involved the same ceremonial ritual as in the manorial great chamber dating from the 1400s. The table was covered with a linen cloth. The lady of the house sat in a chair at the upper end of the table and was served first. People of high rank sat at her end of the table "above" the fancy silver salt cellar and pepper. People of low rank sat "below" it near the other end of the table. Grace was said before the meal. Noon dinner and supper were served by cupbearer, sewer, carver, and assistants. Fine clear Italian glass drinking vessels replaced even gold and silver goblets. Food was eaten from silver dishes with silver spoons. Some gentry used two-pronged forks. Meats were plentiful and varied: e.g. beef, mutton, veal, lamb, kid, pork, hare, capon, red deer, fish and wild fowl as well as the traditional venison and brawn [boar]. Kitchen gardens and orchards supplied apricots, almonds, gooseberries, raspberries, melons, currants, oranges, and lemons as well as the traditional apples, pears, plums, mulberries, quinces, pomegranates, figs, cherries, walnuts, chestnuts, hazel nuts, filberts, almonds, strawberries, blackberries, dewberries, blueberries, and peaches. Also grown were sweet potatoes, artichokes, cabbages, turnips, broad beans, peas, pumpkins, cucumbers, radishes, carrots, celery, parsnips, onions, garlic, leeks, endive, capers, spinach, sorrel, lettuce, parsley, mustard, cress, sage, tarragon, fennel, thyme, mint, savory, rhubarb, and medicinal herbs. The well-to-do started to grow apricots, peaches, and oranges under glass. Sugar was used to make sweet dishes. Toothpicks made of brass or silver or merely a stiff quill were used. After the meal, some men and women were invited for conversation in a withdrawing or drawing chamber. Some might take a walk in the gardens. After the upper table was served, the food was sent to the great hall to the steward and high household officers at the high table and other servants: serving men and women, bakers, brewers, cooks, pot cleaners, laundresses, shepherds, hogherds, dairy maids, falconers, huntsmen, and stable men. What was left was given to the poor at the gates of the house. Great chambers were used primarily for meals, but also for music; dancing; plays; masques; playing cards, dice, backgammon, or chess; and daily prayers if there was no chapel.

Without the necessity of fortifications, the estate of a noble or gentleman could spread out to include not only a garden for the kitchen, but extensive orchards and beautiful formal gardens of flowers and scrubs, sometimes with fountains and maybe a maze of hedges. Trees were planted, pruned, and grafted onto each other.

Householders had the responsibility to teach their family and servants religion and morals, and often read from the Bible to them. Many thought that the writers of the Bible wrote down the exact words of God, so the passages of the Bible should be taken literally. A noble lord made written rules with penalties for his country household, which numbered about a hundred, including family, retainers, and servants. He enforced them by fines, flogging, and threats of dismissal. The lady of the house saw that the household held together as an economic and social unit. The noble's family, retainers, guests, and the head servants, such as chaplain and children's tutor, and possibly a musician, dined together at one table. The family included step children and married sons and daughters with their spouses. Young couples often lived with the parents of one of them. Chandeliers of candles lit rooms. There were sandglass clocks. Popular home activities included reading, conversation, gardening, and music-making. Smoking tobacco from a clay pipe and taking snuff became popular with men. For amusement, one of the lord's household would take his place in managing the estate for twelve days. He was called the "lord of misrule", and mimicked his lord, and issued comic orders. Clothes were washed in rivers and wells. At spring cleanings, windows were opened, every washable surface washed, and feather beds and pillows exposed to the sun.

Most dwellings were of brick and stone. Only a few were of wood or mud and straw. The average house was now four rooms instead of three. Yeomen might have six rooms. A weaver's house had a hall, two bedrooms, and a kitchen besides the shop. Farmers might have two instead of one room. A joiner had a one-room house with a feather bed and bolster. Even craftsmen, artificers and simple farmers slept on feather beds on bed frames with pillows, sheets, blankets, and coverlets. Loom tapestry and painted cloth was hung to keep out the cold in their single story homes. They also had pewter spoons and plates, instead of just wood or earthenware ones. Even the poorer class had glass drinking vessels, though of a coarse grade. The poor still used wooden plates and spoons. Laborers had canvas sheets. Richer farmers would build a chamber above the hall, replacing the open hearth with a fireplace and chimney at a wall. Poorer people favored ground floor extensions, adding a kitchen or second bedchamber to their cottages. Kitchens were often separate buildings to reduce the risk of fire. Roasting was done on a spit and baking in irons boxes placed in the fire or in a brick oven at the side of the fireplace. Sometimes dogs were used to turn a spit by continual running in a treadmill. Some people lived in hovels due to the custom in many places that a person could live in a home he built on village waste land if he could build it in one night.

Yeomen farmers still worked from dawn to dusk. Mixed farming began. In this, some of the arable land produced food for man and the rest produced food for sheep, cattle, pigs, and poultry. This was made possible by the introduction of clover, artificial grasses, and turnip and other root crops for the animals. Since the sheep ate these crops in the field, they provided manure to maintain the fertility of the soil. This meant that many animals could be maintained throughout the winter instead of being slaughtered and salted. So salted meat and salted fish were no longer the staple food of the poorer people during the winter. Farm laborers ate soup, porridge, milk, cheese, bacon, and beer or mead (depending on the district), and dark barley or rye bread, which often served as his plate. Gentlemen ate wheat bread. There was a scarcity of fruits and vegetables that adversely affected the health of the affluent as well as of the poor due to the overall decline in farming. During winter, there were many red noses and coughing. Farmers' wives used looms as well as spinning wheels with foot treadles.

The value of grain and meat rose compared to wool. Grain became six times its value in the previous reign. Wool fell from 20s.8d. per tod to 16s. So sheep farming, which had taken about 5% of the arable land, was supplanted somewhat by crop raising, and the rural population could be employed for agriculture. In some places, the threefold system of rotation was replaced by alternating land used for crops with that used for pasture. The necessity of manuring and the rotation of crops and grasses such as clover for enrichment of the soil were recognized. Wheat, rye, barley, peas, and beans were raised. There was much appropriation of common land by individual owners by sale or force. Many farms were enclosed by fences or hedges so that each holder could be independent of his neighbors. Red and black currants, rhubarb, apricots, and oranges were now grown. These independent farmers could sell wool to clothiers, and butter, cheese, and meat to the towns. They also often did smithwork and ironwork, making nails, horseshoes, keys, locks, and agricultural implements to sell. A laborer could earn 6d. a day in winter and 7d. a day in summer. Unfree villeinage ceased on the royal estates. But most land was still farmed in common and worked in strips without enclosure. Elizabeth made several proclamations ordering the enclosure of certain enclosed land to be destroyed and the land returned to tillage. Windmills now had vanes replacing manual labor to change the position of their sails when the wind direction changed. Prosperous traders and farmers who owned their own land assumed local offices as established members of the community.

The population of the nation was about five million. Population expansion had allowed landlords to insist on shorter leases and higher rents, instead of having to choose between accepting a long lease and good rent or allowing their estates to pass out of cultivation. Over 50% of the population were on the margin of subsistence. 90% of the population lived in the countryside and 5% in the London and 5% in the other towns. Life expectancy was about 40 years of age. Over 50% were under the age of 23, while only about 9% were over 60. Fluctuations in rates of population growth were traceable back to bad harvests and to epidemics and the two were still closely related to each other: "first dirth and then plague".

Most of London was confined within the city wall. There were orchards and gardens both inside and outside the walls, and fields outside. Flower gardens and nurseries came into existence. No part of the city was more than a ten minute walk to the fields. Some wealthy merchants had four story mansions or country houses outside the city walls. The suburbs of the City of London grew in a long line along the river; on the west side were noblemen's houses on both sides of the Strand. East of the Tower was a seafaring and industrial population. Goldsmiths' Row was replete with four story houses. A few wealthy merchants became money- lenders for interest, despite the law against usury. The mayor of London was typically a rich merchant prince. Each trade occupied its own section of the town and every shop had its own signboard, for instance, hat and cap sellers, cloth sellers, grocers, butchers, cooks, taverns, and booksellers. Many of the London wards were associated with a craft, such as Candlewick Ward, Bread St. Ward, Vintry Ward, and Cordwainer Ward. Some wards were associated with their location in the city, such as Bridge Ward, Tower Ward, Aldgate Ward, Queenhithe Ward, and Billingsgate Ward. People lived at the back or on the second floor of their shops. In the back yard, they grew vegetables such as melons, carrots, turnips, cabbages, pumpkins, parsnips, and cucumbers; herbs; and kept a pig. The pigs could still wander through the streets. Hyde Park was the Queen's hunting ground. London had a small zoo of ten animals, including a lion, tiger, lynx, and wolf.

London was England's greatest manufacturing city. By 1600 the greatest trading companies in London ceased to be associated only with their traditional goods and were dominated by merchants whose main interest was in the cloth trade. Ambitious merchants joined a livery company to become freemen of the city and for the status and social benefits of membership. The companies still made charitable endowments, had funeral feasts, cared for the welfare of guild members, and made lavish displays of pageantry. They were intimately involved with the government of the city. They supplied members for the Court of Aldermen, which relied on the companies to maintain the City's emergency grain stores, to assess and collect taxes, to provide loans to the Crown, to control prices and markets, to provide armed men when trouble was expected, and to raise armies for the Crown at times of rebellion, war, or visits from foreign monarchs. From about 1540 to 1700, there were 23% involved in cloth or clothing industries such as weavers, tailors, hosiers, haberdashers, and cappers. 9% were leatherworkers such as skinners; tanners; those in the heavy leather crafts such as shoemakers, saddlers, and cobblers; and those in the light leather crafts such as glovers and pursers. Another 9% worked in metals, such as the armorers, smiths, cutlers, locksmiths, and coppersmiths. 8% worked in the building trades. The victualing trades, such as bakers, brewers, butchers, costermongers [sold fruit and vegetables from a cart or street stand], millers, fishmongers, oystermen, and tapsters [bartender], grew from 9% before 1600 to 16% by 1700. Of London's workforce, 60% were involved in production; 13% were merchants before 1600; 7% were merchants by 1700; 7% were transport workers such as watermen, sailors, porters, coachmen, and shipwrights; and 5-9% were professionals and officials (this number declining). Life in London was lived in the open air in the streets. The merchant transacted business agreements and the attorney saw his clients in the street or at certain pillars at St. Paul's Church, where there was a market for all kinds of goods and services, including gentlemen's valets, groceries, spirits, books, and loans, which continued even during the daily service. Some gentlemen had offices distant from their dwelling houses such as attorneys, who had a good income from trade disputes and claims to land, which often changed hands. Plays and recreation also occurred in the streets, such as performances by dancers, musicians, jugglers, clowns, tumblers, magicians, and men who swallowed fire. The churches were continuously open and used by trades and peddlers, including tailors and letter-writers. Water carriers carried water in wood vessels on their shoulders from the Thames River or its conduits to the inhabitants three gallons at a time. A gentleman concocted an engine to convey Thames water by lead pipes up into men's houses in a certain section of the city. In 1581, a man took out a lease on one of the arches of London Bridge. There he built a waterwheel from which he pumped water to residents who lived beside the bridge. Soldiers, adventurers, physicians, apprentices, prostitutes, and cooks were all distinguishable by their appearances. An ordinance required apprentices to wear long blue gowns and white breeches with stockings, with no ornamentation of silk, lace, gold or silver and no jewelry. They could wear a meat knife, but not a sword or dagger. Apprentices lived with their masters and worked from 6 or 7 a.m. to 9 p.m. Some people knitted wool caps as they walked to later sell. There were sections of town for booksellers, butchers, brewers, hosiers, shoemakers, curriers, cooks, poulters, bow makers, textwriters, pattenmakers, and horse and oxen sellers. Large merchant companies had great halls for trade, such as the mercers, grocers, drapers, fishmongers, and goldsmiths. The other great guilds were the skinners, merchant tailers, salters, haberdashers, ironmongers, vintners, and clothworkers. Smaller guilds were those of the bakers, weavers, fruiterers, dyers, Thames watermen and lightermen, carpenters, joiners, turners, and parish clerks. The guilds insured quality by inspecting goods for a fee.

About 1571, mercer and Merchant Adventurer Thomas Gresham established the Royal Exchange as a place for merchants and brokers to meet for business purposes. It became the center of London's business life. Its great bell rang at midday and at 6 p.m. Its courtyard was lined with shops that rented at 50s. yearly and became a popular social and recreational area. Gresham formulated his law that when two kinds of money of equal denomination but unequal intrinsic value are in circulation at the same time, the one of greater value will tend to be hoarded or exported, i.e. bad money will drive good money out of circulation.

The work-saving knitting frame was invented in 1589 by minister William Lee; it knit crosswise loops using one continuous yarn and was operated by hand. The stocking knitters, who knitted by hand, put up a bitter struggle against its use and chased Lee out of the country. But it did come into use. Some framework stocking knitters paid frame rent for the use of their knitting frames. Frame knitting became a scattered industry.

By 1600 basement services were frequently found in town houses built on restricted sites in London. Lastly, provision of water supplies and improved sanitary arrangements reflected concern with private and public health. There was virtually no drainage. In the case of town houses, some owners would go to considerable effort to solve drainage problems, often paying cash to the civic authorities, but sometimes performing some service for the town at Court or at Westminster, in return for unlimited water or some drainage. Most affluent households, including the Queen's, moved from house to house, so their cesspits could be cleaned out and the vacated buildings aired after use. A few cesspits were made air tight. Otherwise, there was extensive burning of incense. Refuse was emptied out of front doors and shoveled into heaps on street corners. It was then dumped into the Thames or along the highways leading out of town. People put on perfume to avoid the stench. By 1600, the first toilet and water closet, where water flushed away the waste, was built. This provided a clean toilet area all year round. But these toilets were not much used because of sewer smells coming from them. The sky above London was darkened somewhat by the burning of coal in houses.

Taverns served meals as well as ale. They were popular meeting places for both men and women of all backgrounds to met their friends. Men went to taverns for camaraderie and to conduct business. Women usually went to taverns with each other. Two taverns in particular were popular with the intelligentsia. Music was usually played in the background and games were sometimes played. Beer made with hops and malt was introduced and soon there were beer drinking contests. Drunkenness became a problem.

At night, the gates of the city were closed and citizens were expected to hang out lanterns. The constable and his watchmen carried lanterns and patrolled the streets asking anyone they saw why they were out so late at night. Crime was rampant in the streets and criminals were executed near to the crime scene.

There were a few horse-drawn coaches with leather flaps or curtains in the unglazed windows to keep out the weather. The main thoroughfare in London was still the Thames River. Nobles, peers, and dignitaries living on the Thames had their own boats and landings. Also at the banks, merchants of all nations had landing places where ships unloaded, warehouses, and cellars for goods and merchandise. Swans swam in the clear bright water. Watermen rowed people across the Thames for a fee. In Southwark were theaters, outlaws, cutpurses, prostitutes, and prisons. In 1550 Southwark became the 26th and last ward of London. In the summer, people ate supper outside in public.

As of old times, brokers approved by the Mayor and aldermen made contracts with merchants concerning their wares. Some contracts included holding wares as security. Some craftsmen and manual workers extended this idea to used garments and household articles, which they took as pawns, or security for money loaned. This began pawn brokerage, which was lucrative. The problem was that many of the items pawned had been stolen.

Elizabeth had good judgment in selecting her ministers and advisors for her Privy Council, which was organized like Henry VIII's Privy Council. The Queen's Privy Council of about twelve ministers handled foreign affairs, drafted official communiques, issued proclamations, supervised the county offices: the 1500 Justices of the Peace, chief constables, sheriffs, lord lieutenants, and the county militias. It fixed wages and prices in London, advised Justices of the Peace on wages elsewhere, and controlled exports of grain to keep prices down and supplies ample. It banned the eating of meat two days a week so that the fishing industry and port towns would prosper. When grain was scarce in 1596, Elizabeth made a proclamation against those ingrossers, forestallers, and ingraters of grain who increased its price by spreading false rumors that it was scarce because much of it was being exported, which was forbidden. There were labor strikes in some towns for higher wages after periods of inflation. In 1591, London authorities rounded up the sturdy vagabonds and set them to work cleaning out the city ditches for 4d. per day. During the Tudor period, the office of Secretary of State was established.