Our Legal Heritage Part 113

Dissenters were excluded from universities as well as from offices and grammar schools. Oxford and Cambridge Universities were open only to members of the Church of England, so other universities were established for dissenters. They taught geography, mathematics, science, physics, astronomy, mechanics, hydrostatics, and anatomy. At Oxford and Cambridge and Harvard Universities, students in science were relegated to different instructors, buildings, and degree ceremonies than students in literature, who often looked down on them as socially and intellectually inferior.

The Inns of Court had ceased to provide residence. The period of education at law school at the Inns of Court was now reduced in 1760 from seven to five years for ordinary students and to three years for graduates of Oxford or Cambridge Universities. The textbooks were: "Doctor and Student" by Christopher Saint-German in 1518 and "Inst.i.tutes of the Laws of England" by Thomas Wood in 1720. Most landed families tried to ensure that at least one member of the family in each generation was educated at the Inns of Court after going to Oxford or Cambridge. In 1739, attorneys formed a "Society of Gentlemen Pract.i.tioners in the Courts of Law and Equity". In order to earn a living, most attorneys had to attach themselves to some great patron and serve his interests. So it was hard for an ordinary person to find an impartial attorney or to find any attorney willing to contest a powerful family.

The first encyclopedia came into existence in 1728. In 1740 was the first public circulating library in London. Samuel Johnson put together the first dictionary in 1755. It standardized spelling and p.r.o.nunciation. Then came dictionaries for the arts, sciences, and commerce. There were histories with political biases such as the Earl of Clarendon's "History of the Great Rebellion". Alexander Pope wrote witty satire on human faults of the period such as "Rape of the Lock". Daniel Defoe wrote "Robinson Crusoe", "Moll Flanders", and "The Poor Man's Plea" protesting disparity of judicial treatment of rich and poor, for instance for drunkenness. Henry Fielding wrote one of the first novels: "Tom Jones". Joseph Addison wrote essays on social behavior. Jonathan Swift wrote the satire on the times, "Gulliver's Travels". Samuel Richardson wrote some of the first novels, such as "Clarissa"; he wrote on values such as religious faith, moral virtue, and family closeness.

Catherine Macaulay started writing her weighty and impressive "History of England". Many schoolmistresses wrote textbooks on a variety of subjects. Poet and essayist Hester Chapone wrote "Letters on the Improvement of the Mind". Elizabeth Carter wrote poetry and translated Greek works; her work was published in "The Gentleman's Magazine".

Hannah More wrote the play "The Inflexible Captive". The diaries of Caroline Girle Powys Daniel told of her extensive travels in the nation, and the various life styles of polite society she visited. Defoe's newspaper was the first great political journal. He claimed that the people have a right to control the proceedings of Parliament. Essayists like Richard Steele, who introduced the periodical essay in his newspaper, and Joseph Addison, in his newspaper, wrote in a conversational style about the social life around them and the thoughts and behavior of common men and women in a light and good-humored way.

They separated humor from the old-style farce and gave it taste and gentility. And with this came a moderation, reserve, and urbanity in matters of religion, politics, and society. Religious issues even became a matter of indifference. Fairies, witches, astrology, and alchemy were no longer taken seriously by educated men. Tales of fairies, witches, ghosts, and miracles were deemed appropriate for children. Childrens'

stories were becoming a distinct literary form. Nursery rhymes included "Hush-a-bye baby on the tree top" and the five little piggies. "Mother Goose's Melody" was published in 1765. There were picture books for children such as Cinderella, Red Riding Hood, and Sleeping Beauty.

Craftsmen made small models of their wares, such as dolls' china, dolls'

furniture, silver, and flat lead soldiers. Babies had rattles and teething rings.

In 1710 copyrights for books was given for 14 years, renewable for another 14 years. Alexander Pope's translation of the Iliad and Odyssey made him financially independent. He collected advance payments from subscribers who would be listed in the book. A new book industry emerged in London with booksellers as master manufacturers who employed writers, authors, copyers, and subwriters. Booksellers sold books of sermons, histories, political and literary satires, literary criticism, and dictionaries. There was a growing popularity of novels. Books were expensive to buy. Regular magazines on the new and strange were published. There were three daily, six weekly, and ten thrice yearly newspapers. Newspapers increased in number from 8 founded in 1700 to a total of 25 in 1727. By 1753, there were over a million throughout the country. Workmen usually began their day by reading a newspaper at a coffee house.

Authors of books which have been registered at the Stationers Hall had the sole liberty of printing and reprinting such book for 14 years.

Others who printed or sold or published such forfeited the books and paid one penny for each sheet found in their custody, 1/2 to the Queen and 1/2 to the suer. The printer had to give a copy of each book printed to the Company of Stationers, the Royal Library, the libraries of the Oxford and Cambridge universities, and certain other libraries.

In 1775, the two universities in England, the four universities in Scotland, and the several colleges of Eton, Westminster, and Winchester were given in perpetuity a copyright in books given or bequeathed to them.

The British Museum was incorporated to hold the collections of Robert Cotton of ma.n.u.scripts, books, records, coins, and medals and of Hans Sloane, which contained rare books, coins, precious stones, pictures, plants, and mathematical instruments and had been left to the public.

Italian opera was introduced in 1706 by Georg Handel on his visit to England. His music became the standard music of Georgian England. The Academy of Ancient Music was founded in 1710. It set the standard of selection and performance. In existence were the violin (including ones made by Stadivari), viola, cello, double ba.s.s, oboe, trumpet, clarinet, ba.s.soon, trombone, horn, flute, harp, organ, harpsichord, in which the strings were plucked, and piano, in which the strings are struck by little hammers. Orchestras had at least thirty members. Many hymns were written.

Painting by artists developed. Gentlemen had portraits painted of their horses and dogs as well as of family. Joshua Reynolds painted the wealth and beauty of England. Painters such as Gainsborough did landscapes and dramatic history paintings too, but neither of these sold as well as portraits. Scenery was painted for the theater. Places of business had signs painted which portrayed animals. Coaches were painted with mythological creatures and such. Gentlemen collected antique statuary and painting, such as by Rembrandt and Rubens. In 1711 an academy of painting was founded, which included women painters. The first public exhibition of paintings was in 1760. The Society of Artists was formed in 1761 and incorporated by royal charter in 1765. This differentiated them from the Painter-Stainers Company of face painters, coach painters, and house painters. The Royal Academy of London was founded in 1768 to merge all private academies and societies into one official body and to recognize the best artistic work. Joshua Reynolds was its first president. It was at first financed by the king. Under George I, sculptors became distinct from masons. They did monuments and portrait busts of the royal family, n.o.bles, and great men. From Italian influence, Palladian architecture came into vogue. It was typified externally by a panoramic look achieved by horizontal lines, balanced alternatives of plain wall and openings, and portico with a heavy pediment like the front of a Roman temple. Stucco was often used to plaster housefronts, flute columns, and ornament pediments. Architects took students. Designers of engraved, etched, and historical prints were given the sole right to print them for 14 years. Copiers had to forfeit 5s. per print.

Foreigners were now interested in learning about English life, philosophy, and opinion. They learned English to read English literature such as Shakespeare. No longer were France and Italy the only centers of culture and influence on other nations. By 1713, England was the leading sea power by far.

The Royal Society was still the princ.i.p.al focus of scientific activity.

Issac Newton was its President for several years and drew in more foreigners. Its members were mathematicians, chemists, botanists, physicians, engineers, authors, poets, and theologians. Papers given there generated much discussion at its meetings. Newton opined that small particles attract each other by some force in a similar way that large bodies attracted each other. This force in immediate contact was exceedingly strong and performed chemical interactions, but at greater distances had no effect. Also there were local a.s.sociations and societies. There were learned journals such as "Philosophical Transactions".

Drovers bought cattle in the countryside, drove them to big towns, and sold them to fattening graziers or fatted them themselves. Then they were driven into town and sold to the wholesale butcher, who sold the carca.s.s to the retail butcher, the hides to the tanner, and the bones to the glue maker. Flocks of geese were also driven into towns, after their feet were given a protective covering of tar. There were also middlemen wholesalers for cheese, b.u.t.ter, cloth, and iron.

There was a rage of distemper among the cattle so serious that to prevent its spread, the king was authorized by Parliament to make regulations for prohibiting the removal or sale of cattle and for the burial of distempered cattle. Later, the king was authorized to prohibit the killing of cow calves. No one was to sell any ox, bull, cow, calf, steer, or heifer until he had possession of such for forty days or else forfeit ten pounds, Later, the king was authorized to regulate the movement of cattle from one place to another.

The main industry of the country was still agriculture. In the countryside, about half the arable land was under the open field system, in which land was cultivated in common. Enclosures of land were still taking place. The enclosures were now done by statutory commissions to ensure equitable allotments.

Agricultural improvements came first to enclosed land, which comprised about half of the agricultural land. In the 1733, Jethro Tull published a book about his 1701 invention of the seed-drill to first pulverize the soil for cultivation without manure and then to deposit seed at a uniform depth in regulated quant.i.ties and in rows instead of being thrown haphazardly. Also explained was the horse-hoe to stir the soil about the roots of the plants to preserve moisture, promote aeration, admit warmth, and destroy weeds. There were more horses than oxen in use now in the fields. The horse-hoe was first used by large independent farmers on enclosed land. Also invented was a thres.h.i.+ng machine with a set of sticks to replace hand thres.h.i.+ng with flails. Under-drainage as well as irrigation was practiced. Lord Townshend alternated turnips, gra.s.ses, and grain in his fields, and thus provided winter food for his cattle. The two-field crop rotation with fallow periods was often displaced by the three-field system rotating grain crops, legumes, and fallowness. Independent farming gave rise to the improvement of breeds of livestock by selective breeding.

Enclosed land produced 26 bushels of grain compared to 18 bushels for common field land. It produced 9 pounds of sheep fleece compared to 3 1/2 pounds for common field land. Overall, soils were improved by being treated with clay, chalk, or lime. Artificial pasture was extended and there was increased use of clover, sainfoin, and rye-gra.s.s. Grain productivity was four times that of 1200. A fatted ox was 800 pounds compared to the former 400 pounds which it weighed from the 1300s to the 1600s. The fleece of sheep increased fourfold.

By statute of 1756, persons having rights of common in certain land may, by the major part in number and in value of each's tenement, enclose such land for planting and growth of timber or underwood.

Every village had a smith, carpenter, and miller. The larger villages also had a potter, a turner, a malster, a weaver, a tanner, and perhaps a mercer or grocer middleman. Wheelwrights made ploughs, harrows, carts, and wagons. Ploughs had one, two, or no wheels. Poor farming families took up extra work in the villages such as making gloves, knitting stockings, or spinning yarn. Craftsmen still helped farmers at harvest time.

Much of the rural population was now dispersed over the countryside instead of being concentrated in villages because so many small holders had sold out due to enclosures of farm land, especially of common land and waste land. The rural working cla.s.s lived in two room cottages, with low ceilings, small windows, and an earth floor. Patience was required for those willing to wait for an existing cottage in a village to be vacated. Most laborers did not marry unless and until they found a cottage. Ancient custom that a person could build a home for himself on waste land if he did it in one night was ceasing to be respected.

Farmers usually preferred employing day-laborers than keeping servants.

There were many migrant workers, mainly from Ireland, for the busy summer haymaking and harvesting.

The children of laborers and of small farmers had little schooling because they were needed for work. They scared the birds, weeded the fields, picked the stones, tended the poultry, set beans, combed the wool, and collected the rushes and dipped them in the tallow.

Farm people relied on well water or rain water collected in lead cisterns. A farmhouse fireplace had pots hung from iron rods. Saucepans sat on iron stands, which were stored above the mantel when not in use.

Spits were rotated by pulleys powered by the upward current of hot air or by a mechanical device. Bacon was smoked in the chimney accessible by a staircase or upper floor.

There still existed customary freeholders, who owned their land subject to certain customary obligations to the lord of a manor.