But what incensed the people more than the money issue were the

changes in the established church. High churchmen, called

Ritualists, enforced ceremonies offensive to Puritan feeling in

every parish. The centrally placed communion tables were to be

placed at the east end within railings and called "altars", or

"mercy seats" as if for mass. They were to be ornamented with

crucifixes, images, conceits, books, candles and rich tapestries.

Bowing was to be done when approaching them. Clergymen were to be

called "priests" and their authority treated as divine. Worship

was to be done in prescribed forms and ritual with pomp and

ceremony, including kneeling for communion. It was to be done in

accordance with the Romish Breviars, Rituals, and Mass-books.

Rings were to be used in marriages and crosses used in baptisms.

Churches, fonts, tables, pulpits, chalices and the like were to be

consecrated, thereby putting holiness in them. Churches that did

not do this but used unconsecrated or "polluted" articles were

closed by interdiction. Regard was to be had with regard to days,

postures, meats, and vestments. The clergy was to wear supplices

[white linen vestments flowing to the foot with lawn sleeves] and

embroidered copes [vestment over the head]. A Bishop wore a four-

cornered cap, cope and surplice with lawn-sleeves, tippet (long,

black scarf), hood, and canonical coat. Churchwardens were to take

oaths to inform against any who disobeyed. The law still required

that all attend Sunday sermons. But parishes had some control over

who was their preacher, even though a minister could be put upon a

parish by the bishops without the consent of the patron or people.

By increasing the meager pay of a parish clergyman, they could

chose one with a compatible theology or employ a lecturer from

outside. The Ritualists scolded clergymen for "gospel preaching"

and suppressed Puritan preaching in public meetings. Preaching or

printing matter concerning the controversy of free will versus

predestination was forbidden. Geneva Bibles, which were popular

among laymen, were prohibited from being imported. Many were

excommunicated for sitting instead of kneeling at communion. The

clergy prohibited marriage if they liked by withholding their

license, and they licensed marriages without banns. The Ritualists

encouraged certain sports to be played after church on Sunday. The

Puritans protested vehemently to this because they wanted to

strictly observe the sabbath. The Puritans saw the high churchmen

as wanting to return to the doctrine and customs they thought to

be Papist. The Ritualists were absolutists in their political

views and accepted the King's intervention in church matters. The

ecclesiastical Court of High Commission enforced the edicts of the

church, excommunicating those who did not conform and expelling

clergymen who, for instance, did not bow at the name of Jesus or

wear the surplice. It was used against the Puritans and imposed

high fines and imprisonment for religious eccentricity and Puritan

preaching. Charles supported the established church in this

endeavor because it agreed that he had a divine right to rule.

The universities and high churchmen were beginning to adopt the

doctrine of free will over predestination. Parliamentarian and

Puritan Oliver Cromwell and others feared this presaged a return

to justification by works and the popish faith. In Parliament, he

spoke out against the tyranny of the bishops, whose offices he

wanted abolished, and the elaborateness of church services.

To avoid persecution, many Puritans emigrated to Virginia and New

England. They were led by magistrates, country gentlemen,

prominent businessmen, attorneys, and other professionals. In

1629, the Massachusetts Bay Colony was chartered at the

instigation of John Winthrop as a Puritan refuge. Its leaders led

a migration of Puritans organized to include five each of

armorers, bakers, blacksmiths, carpenters, shoemakers, merchants;

three each of clothiers, chandlers, coopers, military officers,

physicians, and tailors; two each of fishermen, herdsmen, and

masons; on tanner, and one weaver. The fare was five pounds and an

applicant was interviewed to make sure he was a Puritan. He got 50

acres, or more for a larger family. But if he paid 50 pounds into

the common stock he received 200 acres of land, plus 50 more for

each dependent. Maryland was founded in 1632 as a haven for

Catholics, but its charter precluded a government-established

religion. It was granted to Lord Baltimore to hold in free socage

and was named after King James II's Queen, who was overtly

Catholic. Catholics in England could practice their religion only

in their homes and could not carry arms.

As hostility grew, censorship of books and plays accelerated and

the number of authorized printers was reduced in 1637 by decree of

the Star Chamber. In 1640s effective government control of the

press collapsed. Then there were many pamphlets and newspapers

with all variety of interpretation of the Bible and all sorts of

political opinion, such as on taxation, law and the liberties of

the subject, religion, land and trade, and authority and property.

Twenty-two pamphlets were published in 1640 and 1,996 in 1642.

In 1640 the canons of the church included a requirement for

parsons to exclaim divine right of kings every year. The Commons

soon resolved that this was contrary to the fundamental laws and

liberties of the realm.

The Short Parliament of 1640 was dissolved soon because the

Commons demanded redress of its grievances. The Long Parliament of

1640-1653 requested by the House of Lords was agreed to by Charles

because he still wanted money. In election of members to the Long

Parliament, voters wanted to know where contenders stood on

certain political issues. In this Parliament, the Commons ceased

to agree on all issues and started to rely on majority rule.

The House of Commons was led by John Pym, a middle class

landholder with extensive commercial interests. The Commons

treated the King's refusal to act with them as a relinquishment of

his power to Parliament. When it met at the Long Parliament, Pym

expressed the grievances of the King's actions against the

privileges of Parliament, against religion, and against the

liberties of the subjects. Specifically, he decried the disregard

of free speech and of freedom from prosecution afterward, and the

arbitrary dissolution of Parliament. Secondly, he alleged popery

had been encouraged and the ecclesiastical jurisdiction enlarged.

Thirdly, he protested the patent monopolies given to favorites to

the detriment of the buying public, the imposition of ship money

levies beyond the need of national defense and without the consent

of Parliament, the revival of the feudal practice of imposing a

fine for refusal to accept a knighthood with its attendant

obligations, the enlargement of the King's forests and driving out

from hence tenants with lucrative holdings, extra judicial

declarations of justices without hearing of counsel or argument in

many criminal matters, and the abuses of the prerogative courts in

defending monopolies. Parliament's assertion into religious

matters and foreign affairs was unprecedented, those areas having

been exclusively in the power of the King.

The Long Parliament begun in 1640 removed many of the King's

ministers and forbade clergy from sitting in Parliament or

exercising any temporal authority. It passed measures which were

not agreed to by the King. It undid the lawless acts of the King

and the court decision in the case of King v. Hampden. Ship money

was declared illegal. The new concept that the present Parliament

should not be dissolved but by its own consent was adopted. The

Star Chamber and Court of High Commission were abolished. The oath

ex officio, an oath to answer all questions, was originally meant

for facts at issue, but had been extended by these courts to

opinions, beliefs, and religion and had led to abuses. The Star

Chamber had been the only court which punished infractions of the

Kings' edicts, so now his proclamations were unenforceable.

Protection against self-incrimination was given by the provision

that no person be forced "to confess or accuse him or herself of

crime, offense, delinquency, or misdemeanor, or any neglect... or

thing whereby, or by reason whereof, he or she shall or may be

liable or exposed to any censure, pain, penalty, or punishment

whatsoever, as had been the practice in the Star Chamber and the

Court of High Commission.

These measures were also adopted: No one may be compelled to take

knighthood nor undergo any fine for not so doing. The forest

boundaries are returned to their former place. All subjects may

now import gunpowder; they may also make and sell gunpowder and

import saltpeter.

The Root and Branch Petition of 1640 complained about pressure on

ministers by bishops on threat of dismissal not to preach about

predestination, free grace, perseverance, original sin remaining

after baptism, the sabbath, doctrine against universal grace,

election for faith foreseen, free-will against anti-Christ, non-

residents, or human inventions in God's worship. It also

complained about the great increase of idle, lewd, and dissolute,

ignorant and erroneous men in the ministry who wanted only to wear

a canonical coat, a surplice, and a hood, bow at the name of

Jesus, and be zealous of superstitious ceremonies. It also

complained about the swarming of lascivious, idle, and

unprofitable books, pamphlets, play-books, and ballads, such as

Ovid's "Fits of Love", "The Parliament of Women", Barn's "Poems",

and Parker's "Ballads". Further it opposed the restraint of

reprinting books formerly licensed without relicensing. It

protested the growth of popery and increase of priests and

Jesuits, the strict observance of saints' days whereby large fines

were imposed on people working on them, the increase of whoredoms

and adulteries because of the bishops' corrupt administration of

justice and taking of bribes, and the practice of excommunicating

for trivial matters such as working on a holy day or not paying a

fee. It further protested the fining and imprisoning of many

people; breaking up men's houses and studies; taking away men's

books, letters, and writings; seizing upon their estates; removing

them from their callings; and separating them from their wives, to

the utter infringement of the laws and of people's liberties. It

complained that these practices caused many clothiers, merchants,

and others to flee to Holland, thus undermining the wool industry.

It finally complained of the multitude of monopolies and patents,

large increase of customs, and ship-money. Many Londoners signed

this petition.

The House of Commons decided to forbid bowing at the name of

Jesus. When the House of Lords disagreed with this, the House of

Commons claimed that it represented all the people and didn't need

the concurrence of the House of Lords. The House of Commons

ordered that all communion tables be removed from the east end of

churches, that the railings be taken away, and all candles and

basins be removed from it. Further, all crucifixes, images of the

Virgin Mary, and pictures of any of the Trinity were to be

demolished, which was done to even those in markets and streets.

Further, all bowing at the name of Jesus or toward the east end of

the church or toward the communion table was forbidden. All

dancing or other sports on Sunday was forbidden. Enforcement was

to be done by Justices of the Peace and Mayors. But these orders

never became statutes.

Enforcement of the law for not coming to church was not now

regularly enforced, so Catholics had a respite.

Rebellion of Irish Catholics against England and English

Protestants broke out in Ireland in 1641. Parliament didn't trust

the King with an army that he could use against themselves so it

passed the following two measures expanding the Navy and calling

out the militia and naming certain persons to be Lieutenants of

each county.

The Admiral shall impress as many seamen as necessary for the

defense of the realm. This includes mariners, sailors, watermen,

ship carpenters, but no one over the age of 50 or masters or

masters' mates. If one hides, he shall be imprisoned for three

months without bail.

Justices of the Peace shall impress as many soldiers as the king

may order for war in Ireland. This is despite the right of a

citizen to be free from being compelled to go out of his county to

be a soldier because the danger from Ireland is imminent. Excluded

are clergymen, scholars, students, those rated at a subsidy of

land of three pounds or goods of five pounds, esquires or above,

the sons of such or their widows, those under eighteen or over

sixty years of age, mariners, seamen, and fishermen. The penalty

for disobeying is imprisonment, without bail or misprise, and a

fine of ten pounds. If an offender can't pay the fine, he shall be

imprisoned a year more, without bail or misprise.

The right to call out the county militia had been a prerogative of

the Crown, so the King issued a Proclamation ordering the soldiers

to ignore this order and obey him. So Parliament declared this

Proclamation void.

The King accused five leaders of Parliament, including Pym, of

trying to subvert the government of the kingdom, to deprive the

King of his regal power, to alienate the affections of the people

toward their King, forcing the Parliament to their ends by foul

aspersions, and inviting the Scots to invade England. In 1642, the

King entered Parliament with 300 soldiers to arrest these five.

They had flown, but Parliament was shocked that the King had

threatened the liberties of Parliament with military force. The

citizens of London, in their fear of popery, rose in arms against

the King, who left the city. Both sides raised big armies. The

goal of the Parliamentarians was to capture the King alive and

force him to concessions.

When the Parliamentarians took Oxford in 1648, they purged its

faculty of royalists.

- The Law -

From 1625 to 1627 these statutes were passed:

No one shall engage in sports or any pastimes outside his own

parish or bearbaiting, bullbaiting, interludes, plays or other

unlawful pastimes inside his parish on Sundays because such has

led to quarrels and bloodshed and nonattendance at church. The

fine is 3s.4d. or if the offender does not have the money or goods

to sell to pay, he shall be set in the public stocks for three

hours.

No carrier with any horse or wagon or cart or drover with cattle

may travel on Sunday or forfeit 20s.

No butcher may kill or sell any victual on Sunday or forfeit

6s.8d.

Every innkeeper, alehousekeeper, and other victualler permitting a

patron who is not an inhabitant of the area to become drunk shall

forfeit 5s. or be place in the stocks for six hours. Offenders

convicted a second time shall be bound by two sureties to the sum

of 200s.

As of 1627, a parent sending a child out of the country to go to a

Catholic school were to forfeit 100 pounds, one half to the

informer and one half to the king.

The Petition of Right herebefore described was passed as a statute

in 1627.

- Judicial Procedure -

The Star Chamber decided cases as diverse as a case of

subordination of witnesses, cases of counterfeiters of farthing

tokens, and cases of apothecaries compounding ill medicines. It

tried to keep down the prices of foodstuffs for the benefit of the

poor; it repressed extortion and false accusations, and disbarred

an attorney for sharp practices; it punished defamation, fraud,

riots, forgery of wills; it forbade duels. A special virtue of its

position was that it could handle without fear matters in which

men of social or local influence might intimidate or overawe

juries or even country justices. It punished a lord who caused

records to be forged, unlawfully entered lands, and seized tithes.

It disciplined a nobleman for drawing a sword on a lord hunting

hare.

In one of its cases, Sir Edward Bullock, a knight wanting to

enclose a common of a thousand acres threatened his neighbor

Blackhall when he would not sell his lands and rights. The knight

hired a man to break down the hedges and open a gate that had been

staked up, so that his neighbor's cattle would stray. He sued his

neighbor three times for trespass, lost his cases, and threatened

revenge on all the witnesses who testified against him. He had the

house of one pulled down. The pregnant wife and a naked child were

turned out and had to lie in the streets because no one dared to

take them in, even when a justice so directed. The witness, his

wife, and family took refuge in an unheated outbuilding in the

winter. He and his wife and one child died there. The knight had

another witness cudgeled so that she was black and blue from the

waist up, and could not put on her clothes for a month. The knight

threatened to set fire to the house of another witness, and sent

his men to pull him out of doors and keep him prisoner for some

hours. The Star Chamber imprisoned the knight and his men. The

knight was fined 1,000 pounds and the men 50 pounds each. The

knight also had to pay one witness 100 pounds in reparation to the

surviving children of the family whose house had been pulled down.

But the power of the Star Chamber was abused by King Charles I.

For instance, one lord was accused by another of calling him a

base lord. The evidence was paltry. But he was fined eight

thousand pounds, one-half going to the King. A lord who was

accused of converting agricultural land to pasture was fined four

thousand pounds. The lord was fined ten thousand pounds. A person

who exported fuller's earth, contrary to the King's proclamation,

was pilloried and fined two thousand pounds. A man who defaced a

stained-glass window in a church was fined 500 pounds and ordered

to pay for a plain glass replacement. A man who became sheriff of

a county and had taken the oath which bound him to remain in the

county was elected to Parliament and stood in opposition to the

king on many matters. He was imprisoned for many years until he

made a humble submission and had to pay a heavy fine. A London

importer who was alleged to have said "That the Merchants are in

no part of the world so screwed and wrung as in England; That in

Turkey they have more encouragement" was fined 2,000 pounds for

seditious and slanderous words against his majesty's happy

government. A Scottish minister circulated a book appealing to the

Parliament to turn out the bishops and to resist its own

dissolution by the King. In it he called the bishops men of blood,

anti-Christian, satanical, ravens, and magpies, preying on the

state. He was against kneeling at the sacrament and denounced the

Queen for her religion. He blamed the state for the death of

citizens of a certain town by famine. For as he did "scandalize

his Majesties Sacred Person, his Religious, Wise, and just

Government, the Person of his Royal Consort the Queen, the Persons

of the Lords and Peers of this realm, especially the Reverend

Bishops", he was fined 10,000 pounds, was to be unfrocked (which

was done by the Court of High Commission), and was whipped,

pilloried, one ear nailed to the pillory and cut off, his cheek

branded, and his nose slit. Then he was imprisoned for life, but

only served ten years, being released by a statute of the Long

Parliament. A Puritan writer Pyrnne wrote a book that included a

condemnation of masks and plays, and all who took part, and all

who looked on as sinful, pernicious, and unlawful. It opined that

Nero had attended plays and deserved to be murdered. Since Charles

had attended plays and the Queen had taken part in a mask, it was

inferred that Pyrnne meant them harm. His indictment alleged that

"he hath presumed to cast aspersions upon the King, the Queen, and

the Commonwealth, and endeavored to infuse an opinion onto the

people that it is lawful to lay violent hands upon Princes that

are either actors, favorers, or spectators of stage plays". The

justices saw in the book an attempt to undermine authority. The

Chief Justice called the book a most wicked, infamous, scandalous,

and seditious libel. Pyrnne was sentenced to be degraded by Oxford

and disbarred by Lincoln's Inn, to be fined 5,000 pounds, to be

pilloried and to have his ears cut off, and then to be imprisoned

for life. Three men who wrote attacks on the bishops and

ecclesiastical courts, such as alleging that the bishops

suppression of fasts and preaching had brought the pestilence upon

the people and that the bishops had dishonored God and exercised

papal jurisdiction in their own names, were each sentenced to

5,000 fine, the pillory, where their ears were cut off, and to

life imprisonment. One, who had been convicted for libel before,

was branded on both cheeks: "S.L." for Seditious Libeller. Others

printed similar material. In vain the Star Chamber limited the

number of London printers to twenty, and made licensing stricter.

These prisoners were set free by the Long Parliament.

Charles I intimidated justices to obey him in decision-making even

more than James I.

Charles I so abused the power of the Star Chamber court that it

was abolished by the Long Parliament and with it, the involvement

of the King's Council in civil and criminal cases.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 46 / 66 段