Our Legal Heritage Part 76

Land held by tenants in common may be part.i.tioned 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 Privy Council took the authority of the star chamber court, which organized itself as a specialty court. Also, a specific group of full-time councilors heard pleas of private suitors.

The bishops, n.o.bility, 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 a.s.size were to a.s.sess 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.

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

The Chancery court enforced the obligations known as trusts, in the name of equity and good conscience. It adopted every a.n.a.logy 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 s bound by precedents.

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.

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.

The leet court and sheriff's turn court have much less jurisdiction.

They may dispose of presentments of trespa.s.ses 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, rest.i.tution, illegitimacy, and the age of legal majority.

- - - 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 professors.h.i.+p 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 themdead. 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 antic.i.p.ate 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 cla.s.s. 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 G.o.d 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 s.e.x 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 a.s.sessor of Thy kingdom, our Lord and Mediator. To whom with Thee and with the Holy Spirit, one everlasting King, immortal, invisible, only-wise G.o.d, 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, slas.h.i.+ngs, 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 ma.s.ses 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 tr.i.m.m.i.n.g to bed, which was the custom for the next 150 years. Fas.h.i.+ons 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 coa.r.s.e 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.