Our Legal Heritage Part 79

Italian business techniques were set forth in textbooks for merchants, using Italian terms of business: debit (debito), credit (credito), inventory (inventorio), journal (giornal), and cash (ca.s.sa). The arithmetic of accounting operations, including multiplication, was described in "An Introduction for to Lerne to Reckonwith the Penne or Counters" in 1537. Accounting advice was extended to farmers as well as merchants in the 1569 "The Pathway to Perfectness in the Accomptes of Debitor and Creditor" by James Peele, a salter of London. It repeated the age-old maxim: ...receive before you write, and write before you pay, So shall no part of your accompt in any wise decay. The 1589 "Marchants Avizo" by Johne Browne, merchant of Bristol, gave information on foreign currencies and keeping of accounts, and included specimens of various business doc.u.ments such as insurance policies, and bills of exchange. It also advised: Take heed of using a false balance or measure...covet not over familiarity amongst men it maketh thee spend much loss of time. Be not hasty in giving credit to every man, but take heed to a man that is full of words, that hath red eyes, that goeth much to law, and that is suspected to live unchaste ... When thou promiseth anything be not stuck to perform it, for he that giveth quickly giveth double ... Fear G.o.d...know thy Prince...love thy parents ...give reverence to thy betters ...be courteous and lowly to all men... be not wise in thine own conceit. The old prohibitions of the now declining canon law were still observed. That is, one should not seek wealth for its own sake or beyond what was requisite for a livelihood in one's station, exploit a customer's difficulties to extract an extravagant price, charge excessive interest, or engross to "corner the market".

The printing press had made possible the methodizing of knowledge and its dissemination to a lay public. Knowledge a.s.sociated with the various professions, occupations, and trades was no longer secret or guarded as a mystery, to be pa.s.sed on only to a chosen few. The sharing of knowledge was to benefit the community at large. Reading became an out-of-school activity, for instruction as well as for pleasure.

In 1565, graphite was discovered in England, and gave rise to the pencil. Surveying accuracy was improved with the new theodolite, which determined directions and measured angles and used a telescope that pivoted horizontally and vertically. Scientists had the use of an air thermometer, in which a column of air in a gla.s.s tube sitting in a dish of water contracted or expanded with changes in the temperature, causing the water to move up or down the tube.

William Shakespeare, a glovemaker's son, wrote plays about historical events and plays which portrayed various human personalities and their interactions with each other. They were enjoyed by all cla.s.ses of people. His histories were especially popular. The Queen and various earls each employed players and actors, who went on tour as a troupe and performed on a round open-air stage, with people standing around to watch. In London, theaters such as the Globe were built specifically for the performance of plays, which before had been performed at inns. The audience applauded and hissed. There were costumes, but no sets.

Ordinary admission was 2d. Before being performed, a play had to be licensed by the Master of the Revels to make sure that there was nothing detrimental to the peace and public order. Elizabeth issued a proclamation forbidding unlicensed interludes or plays, especially concerning religion or government policy on pain of imprisonment for at least fourteen days. The common people still went to morality plays, but also to plays in which historical personages were portrayed, such as Richard II, Henry IV, and Henry V. Some plays were on contemporary issues. Musicians played together as orchestras. Music with singing was a popular pastime after supper; everyone was expected to partic.i.p.ate.

Dancing was popular with all cla.s.ses. Gentlemen played cards, dice, chess, billiards, and tennis. They fenced and had games on horseback.

Their deer-hunting diminished as forests were cut down for agriculture and the deer were viewed as an enemy eating crops. Falconry diminished as hedges and enclosures displaced the broad expanses of land.

Country people enjoyed music, dancing, pantomime shows with masks, hurling, running, swimming, leap frog, blind man's buff, shovelboard played with the hands, and football between villages with the goal to get the ball into one's own village. Football and s.h.i.+n-kicking matches often resulted in injuries. They bought ballads from traveling peddlers.

Early morning dew gathered in May and early June was thought to have special curative powers. There were many tales involving fairies, witches, devils, ghosts, evil spirits, angels, and monsters which were enjoyed by adults as well as children. Many people still believed in charms, curses, divination, omens, fate, and advice from astrologers.

The ghosts of the earth walked the earth, usually because of some foul play to be disclosed, wrong to be set right, to warn those dear to them of peril, or to watch over hidden treasure. Good witches cured and healed. Fairies blessed homes, rewarded minor virtues, and punished mild wrongdoing. When fairies were unhappy, the weather was bad. There were parties for children.

The merry guild feast was no longer a feature of village life. There were fewer holydays and festivals. The most prosperous period of the laborer was closing. An agricultural laborer's yearly wage was about 154s., but his cost of living, which now included house rent, was about 160s. a year. In 1533, daily wages in the summer for an agricultural laborer were about 4d. and for an artisan 6d. In 1563 in the county of Rutland, daily wages for laborers were 7d. in summer and 6d. in winter; and for artisans were 9d. in summer and 8d. in winter. Unemployment was widespread.

There were endowed hospitals in London for the sick and infirm. There were others for orphans, for derelict children, and for the dest.i.tute.

They worked at jobs in the hospital according to their abilities. There was also a house of correction for discipline of the idle and vicious by productive work. Elizabeth continued the practice of touching people to cure scrofula, although she could not bring herself to fully believe in the reality of such cures, contrary to her chaplain and her physician.

In the towns, shop shutters were let down to form a counter at the front of the shop. Goods were made and/or stored inside the shop. Towns held a market once a week. Fairs occurred once or twice a year. At given times in the towns, everyone was to throw buckets of water onto the street to cleanse it. During epidemics in towns, there was quarantine of those affected to stay in their houses unless going out on business.

Their houses were marked and they had to carry a white rod when outside.

The quarantine of a person lasted for forty days. The straw in his house was burned and his clothes treated. People who died had to be buried under six feet of ground. There was an outbreak of plague in London roughly every ten years.

There was a pity for the distressed that resulted in towns voting money for a people of a village that had burned down or been decimated by the plague.

Communities were taxed for the upkeep and relief of the prisoners in the gaols in their communities.

Queen Elizabeth was puzzling over the proper relations.h.i.+p between the crown and the church when Richard Hooker, a humble scholar, theologian, and clergyman, attempted to find a justification in reason for the establishment of the Church of England as an official part of the governing apparatus of the nation. His thinking was a turning point from the medieval notion that G.o.d ordered society, including the designation of its monarch and its natural laws, and the belief in a divine structure with a great chain of being, beginning with G.o.d and working down through the hierarchy of angels and saints to men, beasts, and vegetables, which structure fostered order in society. Hooker restated the concept of Aristotle that the purpose of society is to enable men to live well. He wrote that although the monarch was head of state and head of religion, the highest authority in civil affairs was Parliament, and in religion, the Convocation. The monarch had to maintain divine law, but could not make it. From this later came the idea that the state derives its authority from the will of the people and the consent of the governed.

Protestant women had more freedom in marriage and were allowed to partic.i.p.ate in more church activities compared to Catholic women, but they were not generally allowed to become pastors. Due to sensitivities on the part of both Catholics and Protestants about a female being the head of the church, Elizabeth was given the t.i.tle of "Supreme Governor"

of the church instead of "Supreme Head". Elizabeth was not doctrinaire in religious matters, but pragmatic. She always looked for ways to accommodate all views on what religious aspects to adopt or decline.

Images, relics, pilgrimages, and rosaries were discouraged. But the Catholic practice of kneeling at prayer, and bowing and doffing caps at the name of Jesus were retained. Also retained was the place of the altar or communion table at the east end of churches, special communion wafers instead of common bread, and elaborate clergy vestments. The communion prayer contained words expressing both the Catholic view that the wafer and wine contained the real presence of the body and blood of Christ, and the Protestant view that they were commemorative only.

Communion was celebrated only at Easter and other great festivals.

Church services included a sermon and were in accordance with a reformed prayer book and in English, as was the Bible. Care was even taken not to use words that would offend the Scots, Lutherans, Calvinists, or Huguenots. People could hold what religious beliefs they would, even atheism, as long as they maintained an outward conformity. Attendance at state church services on Sunday mornings and evenings and Holydays was enforced by a fine of 12d. imposed by the church wardens. Babies were to be baptized before they were one month old or the parents would be punished.

The new religion had to be protected. Members of the House of Commons, lawyers, schoolmasters were to take the oath of supremacy or be imprisoned and make a forfeiture; a second refusal brought death. When numerous Anabaptists came from the continent to live in the port towns, the Queen issued a proclamation ordering them to leave the realm because their pernicious opinions could corrupt the church. The new church still accepted the theory of the devil causing storms, but opposed ringing the holy church bells to attempt to drive him away. The sins of people were also thought to cause storms, and also plagues.

In 1562, the Church of England wrote down its Christian Protestant beliefs in thirty-nine Articles of Religion, which specifically excluded certain Catholic beliefs. They were incorporated into statute in 1571 establis.h.i.+ng them as the tenets of the official religion of England. The first eighteen endorsed the ideas of one G.o.d, Christ as the son of G.o.d who was sacrificed for all the sins of men, the resurrection of Christ from the dead and ascension into heaven, the Holy Ghost proceeding from the father and the son, the books of the Bible, the original sin of Adam and his offspring, justification of man by faith in Christ rather than by good works, goods works as the inspired fruit and proof of faith in Christ, Christ in the flesh as like man except for the absence of sin, the chance for sinners who have been Baptised to be forgiven if they truly repent and amend their lives, the predestination of some to be brought by Christ to eternal salvation and their minds to be drawn up to high and heavenly things, and salvation only by the name of Christ and not by a sect. Other tenets described the proper functions of the church, distinguis.h.i.+ng them from Roman Catholic practice. Specifically, the church was not to expound one place of scripture so that it was inconsistent with another place of scripture. Because man can err, the church was not to ordain or enforce anything to be believed for necessity of salvation. Explicitly renounced were the Romish doctrine concerning purgatory, pardons, wors.h.i.+pping, adoration of images or relics, invocation of saints, and the use in church of any language, such as Latin, not understood by the people. Only the sacraments of Baptism and the Lord's Supper were recognized. The Lord's Supper was to be a sign of the love that Christians ought to have among themselves and a sacrament of redemption by Christ's death. The wine in the cup of blessing as well as the bread of the Lord's Supper was to be taken by lay- people and to be a partaking of Christ; there was no Romish ma.s.s.

Excommunication was limited to those who openly denounced the church.

Anyone openly breaking the traditions or ceremonies of the church which were approved by common authority were to be rebuked. Elizabeth told the bishops that she wished certain homilies to be read in church, which encouraged good works such as fasting, prayer, alms-giving, Christian behavior, repentance, and which discouraged idolatry, gluttony, drunkenness, excess of apparel, idleness, rebellion, and wife-beating, however provoked. She considered homilies more instructive and learned than ministers' sermons, which were often influenced by various gentlemen and were inconsistent with each other. Consecration of bishops and ministers was regulated. They were allowed to marry. The standard prayer was designated thus: "Our Father who art in heaven, hallowed be Thy name. Thy kingdom come. Thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our offenses as we forgive those who have offended against us. And lead us not into temptation, but deliver us from evil. For Thine is the kingdom, the power, and the glory forever and ever, amen."

There was difficulty persuading educated and moral men to be church ministers, even though Elizabeth expressed to the bishops her preference for ministers who were honest and wise instead of learned in religious matters. The Bible was read at home and familiar to everyone. This led to the growth of the Puritan movement. The Puritans believed in the right of the individual Christian to interpret the Scriptures for himself by spiritual illumination. They opposed the mystical interpretation of the Communion service. The Puritans complained that the church exerted insufficient control over the morals of the congregation. Their ideas of morality were very strict and even plays were thought to be immoral. The Independent Puritans were those Protestants who had fled from Mary's Catholic reign to the continent, where they were persuaded to the ideas of John Calvin of Geneva. He stressed the old idea of predestination in the salvation of souls, which had in the past been accepted by nearly all English Christian leaders, thinkers, and teachers, but not stressed. The act of conversion was a common experience among the early Puritans. The concomitant hatred of past sins and love of G.o.d which was felt in thankfulness for mercy were proof of selection for salvation. The good works that followed were merely an obligation showing that one's faith was real, but not a way to salvation.

The puritans also accepted Calvin's idea of independent church government. They therefore thought that ministers and lay elders of each parish should regulate religious affairs and that the bishops, who were "petty popes", should be reduced to an equality with the rest of the clergy, since they did not rule by divine right. The office of archbishop should be eliminated and the head of state should not necessarily be governor of the church. These ideas were widely disseminated in books and pamphlets. The puritans disrupted the established church's Sunday services, tearing the surplice off the minister's back and the wafers and wine from the altar rail. The puritans arranged "lectures" on Sunday afternoons and on weekdays. These were given gratuitously or funded by boroughs. They were strict about not working on the Sabbath, which day they gave to spiritual exercises, meditations, and works of mercy. The only work allowed was preparing meals for themselves, caring for their animals, and milking the cows.

They enforced a strict moral discipline on themselves. The puritans formed a party in the House of Commons.

The puritan movement included William Brewster, an a.s.sistant to a court official who was disciplined for delivering, upon pressure from the council, the Queen's signed execution order for Mary of Scotland after the Queen had told him to hold it until she directed otherwise. After exhausting every other alternative, the Queen had reluctantly agreed with her Privy Council on the execution in 1572 of Mary, Queen of Scots, who had been involved in a plot to a.s.sa.s.sinate her and claim the throne of England. Elizabeth?s Council had persuaded her that it was impossible for her to live in safety otherwise.

The debased coinage was replaced by a recoinage of newly minted coins with a true silver weight.

Goldsmiths, who also worked silver, often acted as guardians of clients' wealth. They began to borrow at interest at one rate in order to lend out to traders at a higher rate. This began banking.

Patents were begun to encourage the new merchant lords to develop local manufactures or to expand import and export trade. Patents were for a new manufacture or an improved older one and determined the wages of its trades. There was chartering of merchant companies and granting of exclusive rights to new industries as monopolies. Some monopolies or licenses were patents or copyrights of inventors. Others established trading companies for trade to certain foreign lands and supporting consular services. People holding monopolies were accountable to the government. There were monopolies on certain smoked fish, fish oil, seal oil, oil of blubber, vinegar, salt, currants, aniseed, juniper berry liquor, bottles, gla.s.ses, brushes, pots, bags, cloth, starch, steel, tin, iron, cards, horn, ox s.h.i.+nbones, ashes, leather pieces, earth coal, calamite stone, powder, saltpeter, and lead manufacturing by-products.

For far-flung enterprises and those where special arrangements with foreign countries was required, there was sharing of stock of companies, usually by merchants of the same type of goods. In joint-stock companies each member took a certain number of shares and all the selling of the goods of each merchant was carried on by the officials of the company.

The device of joint stock might take the form of a fully incorporated body or of a less formal and unincorporated syndicate. The greatest joint-stock company was East India Company, chartered in 1600 to trade there in compet.i.tion with the Dutch East India Company. It was given a fifteen year monopoly on trade east of the southern tip of Africa.