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.