Lovely woodcut of Charles I returning home from Spain to the great joy of his father, James I, and the general population. I love the little details, like the hats being thrown in the air, the pointy spurs, and the man fetching celebratory ale from the tavern. It illustrates the text The High and Mighty Prince Charles, Prince of Wales &c, The manner of his arrival at the Spanish court… [and] His happy returne and heartie welcome (1623)
Today’s post is on aspects of 17th Century English law, provided by Michael Dalton (1564–1644), a barrister and legal writer born in Linton, Cambridgeshire. In 1618, Dalton published a popular legal treatise for local magistrates and JPs entitled The Countrey Justice. Practising JPs and other local magistrates used Dalton’s book widely and it has now became an important source on English law for both local and legal historians of early modern England. A second edition appeared in 1619, a third in 1630, and a fourth edition (posthumously) in 1655. The work remained in circulation into the eighteenth century, being reprinted in 1666, 1682, 1690, and 1742 and was also widely used in English colonies including the United States. What follows are some of the more interesting entries in The Countrey Justice.
Ryots
Every Justice of the Peace hearing of any ryot or any intention of a ryot shall goe himself with his servants and other powers of the county to the place where such persons be so assembled, and suppress them; and all such as he shall find riotously assembled and armed, to arrest them and force them to put in suertie for the peace, or for their good behaviour; and if refusing such surety, to imprison them and take away their weapons and armour.
Poore
Young children whose parents are dead are to be set on with work, relieved, or maintained at the charge of the towne where they were dwelling at the time of the death of their parents, and are not to be sent to the place of their birth. If any poor not being rogues shall travel with their children through a town and the father or mother dye, that town is not bound to keep their children. If any poore persons of any parish have able bodies to work, if they refuse such work they are to be sent to the house of correction.
Plague
Anie person infected or dwelling in a house infected with the plague shall be by any Justice of the peace commanded to keep his house. If he wilfully goe abroad, and converse in company having any infectious sore upon him, it is felony. And if such person shall not have such sore about him he shall be punished as a Vagabond and shall be bound to his good behaviour for one whole year. If any person infected or dwelling in a house infected wilfully attempt to go abroad, then Watchmen may with violence enforce them to keep to their houses.
Night walkers
Everie Justice of the Peace may cause to bee arrested all Night walkers, be they strangers or other persons that be suspected or that be of evill behaviour, and more particularly all such suspected persons as shall sleep in the day time and goe abroad in the nights, and who at night haunt anie house that is suspected for Bawdie, or shall in the night time use other suspicious company or shall commit anie other outrages or misdemeanours. Such night walkers are ominous and such night walkings are unfit for honest men.
Egyptian
Every Justice of the Peace may seize all goods of any outlandish persons calling themselves Egyptians that shall come into this realm.
Partridges
Everie Justice of the peace may examine all offences for the destroying or taking of Partridges or Fesants in the night time, and for hawking or hunting with Spaniels in any eared corne.
Hue and Cry
Every Justice of peace may cause Hue and cry and search to be made upon any Murder, Robbery, Theft or other Felony committed. Note that all Hue and Cry ought to be made from town to town and from country to country and by horse-men and foot-men otherwise it is not a lawful pursuit.
Preachers
If any person shall willingly disturb any preacher in the time of his Sermon, or shall be aiding, procuring or abetting thereto, or shall disturb the arresting of any such offender, they shall be brought before any Justice of peace. Within six days one other Justice of the peace must join with the first Justice in the examination of the said offence, and if they two upon their examination shall find the partie accused guilty, then shall they commit him to the Gaole there to remain without baile for three months.
Prophesies
Everie Justice of peace may imprison by the space of one year without bayle such as shall publish anie false prophecies to the intent thereby to make anie rebellion, insurrection, or other disturbance within the King’s dominions.
Trespasse
All and every lewd and meane persons which shall unlawfully cut or take away corne, or rob any Orchards or Gardens, or cut any hedge or dig up or take away any fruit trees shall for the first fault give the wronged party recompense. And if such offender shall be thought not able to doe so, they shall be committed to some Constable to be whipped.
BastardieSuch a bastard childe must be one that is left to the charge of the parish. The mother may bee examined upon Oath concerning the reputed father. Every lewd woman which shall have a Bastard which may be chargeable to the parish shall be committed to the house of correction, there to be punished and set on worke for one year. Such a woman shall not be sent to the house of correction until after the childe is borne and that it is living. Such a bastard childe is not to be sent with the mother to the house of correction, but rather the childe should remain in the towne where it was borne, and there to be relieved by the work of the mother or by the relief from the reputed father
Games unlawful
Everie Justice of the Peace may from time to time enter into any common house or place, where any playing at Dice, Tables, Cards, Bowls, Coyts, Tennis, Football or any unlawful game now invented or hereafter to be invented, and may arrest the keepers of such places and imprison them until they agree to no longer occupy any such house, play, game, alley or place. Also he may arrest and imprison the players there till they bee bound by themselves no more to play at or haunt any of the said places or games.
Rogues and Vagabonds
Any Justice of peace may appoint all Rogues and Vagabonds which shall be taken begging, wandering, or disordering themselves, to be stripped naked from the middle upward and to be whipped till their body be bloody. (Rogues and Vagabonds are defined as ‘All persons above the age of seven years going about begging, all idle persons going about the country, including Fortune tellers, Jugglers, Fencers, Wandering persons, Tinkers, Pedlars, common Players of Enterludes and Minstrels wandering abroad.’)
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The Court being placed full of people of many Estates, sortes, and Nations, first came the Bride-groom from the newe built Banquetting-house, attired in a white Satten sute, richly beset with Pearle and Golde, attended on by a number of young gallant Courtiers, both English, Scottish, and Dutch, all in rich manner, every one striving to exceede in sumptuous habilliaments, fitte for the attendants of so princely a Bride-groome. After came the Lady Elizabeth, in her Virgin-robes, clothed in a gowne of white Satten richly embroidered, led betweene her royall brother Prince Charles, and the Earle of Northampton. Upon her head a crowne of refined golde, made imperiall by the Pearles and Dyamonds thereupon placed, which were so thicke beset that they stood like shining pinnacles. Upon her amber coloured haire, hanging plaited down over her shoulders to her Waste, betweene every plaight Gold spangles, Pearles, Riche stones, and Diamonds, and many Diamonds of inestimable value embroidered upon her sleeves, which dazzled and amazed the eyes of the beholders. Her traine in most sumptuous manner carried up by fourteene or fifteene Ladies, attired in white Satten gownes adorned with many rich Jewells.
After went a traine of Noble-mens Daughters, in white Vestements, gloriously set forth. These Virgin Brides-maides attended upon the Princesse like a skye of Celestiall starres. After them came another traine of gallant young Courtiers in sutes embroidered and Pearled, who were Knightes, and the sonnes of great Courtiers. After them came four Heralds at Armes, in their rich coates of Heraldrie, and then followed many Earles, Lords, and Barrens, of Scotland as well as England, in most noble manner, then the king of Heralds bearing upon his shoulder a Mace of Golde, and then followed the honourable Lords of his Highness privie Councell, which passed along towards the Chappell. And then came four reverend Bishops of the Land in their Church habilliaments. After them four Seargiants of the Mace, bearing upon their shoulders foure riche Enamelled Maces.
Then followed the right Honourable the Earle of Aundell carrying the kings Sword. And then in great Royaltie the Kings Majestie himself in a most sumptuous black sute with a Dyamond in his hatte of a wonderfull value. Close unto him came the Queene attired in white Satten, beautified with much embroidery and many Diamonds. Upon her attended a number of married Ladies, the Countesses and wives of Earles and Barrons, apparelled in most noble manner which added glory into this triumphant time and Marriage. Then went the passages of our States of England, accompanying the princely Bride and Bridegroome to his Highness Chappell, where after the celebration of the Marriage, contracted in the presence of the King, Queene, prince Charles and the rest, they returned into the banquetting house with great joy.
The Lady Elizabeth thus being made a Wife was led backe by two Batchellors as before. At the Bridegrooms returne from Chappell went five of his own Country gallants clad in crimson Velvet laide exceedingly thicke with gold lace, bearing in their hands five silver Trumpets. They presented him with a melodious sound of the same, flourishing so delightfully that it greatly rejoyced the whole Court, and caused thousands to say at the same time ‘God give them joy, God give them joy’. Thus preparing for dinner they passed away a certain time and after fell to Dancing, Masking, and Revelling, according to the custome of such Assemblies, which contined all the day and part of the night in great pleasure.
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These fragments come from Thomas Coryat (1577?-1617), an English travel writer responsible for introducing the idea of the Grand Tour to the English. In 1616, just a year before his death, his account of his travels in India were printed in London. What follows are his comments on the court of the Maharajah, usually resident in Agra, now home to the Taj Mahal, but then temporarily located in the town of Ashmere (modern day Ajmer near Pushkar).
Now I am at the Moguls Court, I think you would be glad to receive some narration thereof from me, though succinctly handled: for I meane to be very compendious. This present Prince is a verie worthy person, by name Selim, of which name I never read or heard of any more than one Mahometan King, which was Suliam Selim of Constantinople, that lived about 80 years since; the same that conquered Jerusalem and Damascus.
He is 53 yeares of age, his nativitie day having beene celebrated with wonderfull pompe since my arrivall here. For that day he weighed himselfe in a paire of golden Scales, which by great chance I saw the same day (a custome that he observeth every year) laying so much golde in the other scale as countervaileth the weight of his body, and the same he afterward distributed to the poore. He is of complection neither white nor blacke, but of a middle betwixt them. I know not how to expresse it with a more expressive & significant epitheton then Olive: an Olive colour his face presenteth. He is of a seemelie composition of bodie, of a stature little unequall (as I guesse not without grounds of probabilitie) to mine, but much more corpulent then my selfe.
The extent of his Dominion is verie spacious, beeing in circuite, little lesse then 4000 English miles, which verie neere answereth the compass of the Turks territorie. In these two thinges hee exceedeth the Turks, in the fatnesse (as I have said) of his Land, no part of the world yeelding a more fruitfull veine of ground then all that which lieth in his Empire, saving that part of Babylonia, where the terrestriall Paradise once stoode/ Whereas a great part of the Turkes Land is extreme barren and sterill, as I have observed in my peregrination thereof, especially in Syria, Mesopotamia and Armenia; many large portions thereof beeing so wonderfull fruitelesse, that it beareth no good thing at all. Secondly, in the conjunction and union of all his Territories, together in one & the same goodly continent of India, no Prince having a foote of land within him.
Hee speaketh very reverently of our Saviour, calling him in the Indian tongue, Ifazaret Eesa, that is, the great Prophet Jesus. And all Christians, especiallie us English, he useth so benevolently as no Mahometan Prince the like. Hee keepeth abundance of wilde Beasts, & that of diuers sorts, as Lyons, Elephants Loepards, Beares, Antlops, Vnicornes; whereof two I have seene at his Court, the strangest beasts of the world: they were brought hither out of the Countrie of Bengala, which is a kingdome of most singular fertilitie within the compasse of his Dominion, about foure moneths journey from this, the midland parts therof being watered by divers channels of the famous Ganges, which I have not as yet seene, but (God willing) I meane to visite it before my departure out of this Countrie, the neerest part of it beeing not aboue twelve daies journy from this Court.
The King presenteth himselfe thrice every daie without faile to his Nobles, at the rising of the Sunne, which he adoreth by the elevation of his hands; at noone, and at five of the clocke in the evening: but he standeth in a roome aloft, alone by him selfe, and looketh uppon them from a window that hath an embroidered sumptuous coverture, supported with two silver pillasters to yeeld shaddowe unto him. Twice every week Elephants fight before him, the bravest spectacle in the worlde: many of them are thirteene foot and a halfe high; and they seeme to justle together like two little Mountaines, and were they not parted in the middest of their fighting by certaine fire-workes, they would exceedingly gore and cruentate one another by their murdering teeth. Of Elephants the King keepeth 30000 in his whole Kingdome at an unmeasurable charge; in feeding of whom, and his Lyons, and other Beasts, he spendeth an incredible masse of money, at the least ten thousand pounds sterling a day. I have rid upon an elephant since I came to this Court, determining one day (by Gods leave) to have my picture expressed in my next Booke, sitting upon an Elephant. The King keepeth a thousand women for his own body, whereof the chiefest (which is his Queene) is called Normal.
A good piece on Coryat in India can be found here
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