Later in 1657, the Company threw open the freedom of the Company

to the public for a nominal sum of five pounds. Now the Merchant

Adventurers and private traders could participate. It provided

that dividends were to be paid only in cash and not in kind

(goods). It also provided for appraisals of the Company's property

to be made every three years, so any shareholders could redeem

their shares proportionately. His shares would then be resold.

People began to buy and sell their shares among each other. The

Company made the minimum subscription 100 pounds. Each person

holding 500 pounds worth of shares had one vote. Holding 1,000

pounds worth of shares qualified one for election to the committee

of twenty-four. The seats of the members of this committee and of

the Governor and Deputy Governor could no longer be permanent, but

had limited and staggered terms. The continuity of capital took

the place of the permanence of the governing body in providing

stability. There was a regular scale of salaries for employees,

and rules of conduct such as the one disallowing any clerk of the

India House from going to play houses, dancing schools, or

taverns. The Company established almshouses for its widows and

orphans.

In 1657 the Muscovy Company, renewed its charter for trade in

Russia and established a New General Stock. If a man bought a

share, he bought freedom of the company. An annual dividend was

declared from the annual profits.

Commercial men regularly kept accounts with bankers. Merchants

used division to apportion profits or losses to the parties whose

capital was involved. Simple and compound interest were used. The

concept of contract became a familiar one.

Regular private bankers of London emerged from the Goldsmiths from

1640 to 1675. They issued bank notes and paid checks.

Cromwell increased trade by seizing territories, establishing

colonies, and warring with competitors for master of the seas and

trade. In 1649 it was provided that no one who paid his assessment

for soldiers' pay would have to quarter any of them.

Authority was given in 1649 to impress seamen: mariners, sailors,

watermen, surgeons, gunners, ship carpenters, caukers, coopers,

whoymen, and carmen for carriage of victuals.

English ships were embellished with decoration. Their sail area

was increased by triangular fore and aft sails. The Navy increased

from 39 to 80 vessels.

After serving in foreign wars, ex-soldiers were allowed in 1654 to

practice any trade without serving a seven year apprenticeship.

Colonies New Hampshire and Maine were established in 1635,

Connecticut in 1636, and Rhode Island in 1638, as offshoots from

other colonies.

About 1650, steel was hardened by repeated quenchings and

temperings when the steel had reached certain colors. Brass was

made from copper and zinc alloyed together.

There were power-driven rolls for the coinage from 1657. Strips of

silver were passed between engraved rolls. Then coins were punched

out and their edges serrated.

In the 1650s, Huygens invented the pendulum clock, which increased

the accuracy of time-keeping tenfold.

There was a thermometer which used liquid such as water or alcohol

in a glass tube instead of air.

Dutchman Stevinus showed that the pressure at the bottom of a

column of liquid is proportional to the height of the column, and

not to its bulk, about 1634. He also studied oblique forces, and

the balancing of such that could bring about "stable equilibrium".

At a time when mathematics was only a business of traders,

merchants, seamen, carpenters, and surveyors, mathematician John

Wallis, the son of a minister, studied sections of cones as curves

of the second algebraic degree. He worked with negative and

fractional exponents. Around 1655 he invented the infinite

arithmetic and introduced the symbol for infinity. He determined

that the area under any curve defined by the equation y = (x to

the nth power), was x to the (n+1)th power divided by n+1. ,

Blaise Pascal, a French mathematician, physicist, and religious

philosopher, constructed a calculator in 1644 to assist his

father, who was involved in local administration, in tax

computations. Around 1646, he proved his law that pressure applied

to a confined liquid is transmitted undiminished through the

liquid in all directions regardless of the area to which the

pressure is applied. Around 1653, he laid the foundations for the

theory of probabilities, including the creation of "Pascal's

Triangle" of coefficients of (a=b) raised to the nth power. He and

lawyer and mathematician Pierre Fermat invented the theory of

probabilities. Fermat also proved that the law for refraction

(bending) of light results from light's following the path that

takes the shortest time. He founded number theory. Fermat

formulated the notion of a line tangent to a curve and started the

development of differential calculus, in which a rate of change is

expressed as a function of time in equation form and also as a

tangent to the curve associated with that equation.. This work

helped lay the foundation for analysis. He and German Gottfried

Leibniz formulated the principle that an equation with two unknown

quantities can represent a curve. Leibnitz believed that man's

mind can arrive at truths about entities by pure thought.

Since the Puritans forbade music in churches, but enjoyed it in

domestic circumstances, much secular music was composed,

published, and played. There were many musical clubs. The violin

became very popular. Solo songs were much sung. The first English

opera: "The Siege of Rhodes" was written and performed with women

on stage. Writers of the time included John Milton, political

philosopher James Harrington, poet Edmund Waller, Thomas Fuller,

poet Abraham Cowley, and biographer Issak Walton. John Aubrey

wrote anecdotes about famous men. Jeremy Taylor, chaplain to

Charles I, wrote on theology. People still read French romances

translated into English. Dancing was still popular. Coffee houses

came into prominence as places of social discourse. The first

coffee house was established in London in 1652; ten years later,

there were 82 coffee houses in the City. There were elegant

pleasure gardens, with a fee for access. They were used for

promenades and picnics. Ladies and their gallants rendezvoused

there. Cromwell introduced the habit of port drinking to England.

In 1657, one general Post Offices was established with one

Postmaster General for all of England. No other person could have

the horsing of the through-posts. It cost 2d. for a letter to or

from 80 miles of London and 3d. for one outside 80 miles of

London.

There was continual problem with Catholics. Where Papists or

others had caused rebellion and insurrection and plundered,

robbed, pillaged, murdered and raped, mayor, Justices and capital

burgesses of such towns were given the power in 1642 to call,

assemble, train, and arm soldiers for defense. The Committee of

the Militia of London was given authority in 1647 to search all

houses and places for Papists and to search for and seize any

arms, ammunition, and war materials in custody of such persons. In

1648, all Papists and soldiers of fortune who had borne arms

against Parliament were ordered to depart from within twenty miles

of London and Westminster or be imprisoned as traitors. In 1657

convicted Papists and people marrying convicted Papists were

required to take an oath renouncing the pope and Catholic Church

or lose two-thirds of their lands and estate, retaining their

house on the remaining one-third. If one went to mass in an

ambassador's house, the fine was 100 pounds and imprisonment for

six months, one half going to the informer. In 1659 all

householders in London and Westminster had to give a list of

persons lodging in their house, and the horses and arms there. But

the laws against Catholics practicing their religion were not

rigorously enforced, nor were those against adherents of the

formerly established Church of England.

The Society of Friends was founded by the son of a weaver. They

greeted everyone as "friend" and did not bow, remove their hat (as

was the custom when before the king or an earl), or otherwise show

any reverence to anyone. From 1650, they were called Quakers

because they trembled when religiously stirred. They reverted to

the ancient "thou" and "thee" appellations. Their dress was

particularly simple, with no buttons, lace, ruffles, or

embroidery. They hated ritual so much that they rejected baptism

and communion. They did not observe the sabbath as a special day

different from other days. They derided the holiness of churches.

No clergy were admitted into their sect. When they met for divine

worship, each rose to deliver extemporaneous inspirations of the

Holy Ghost. Women were admitted to teach the brethren and were

considered proper vehicles to convey the dictates of the spirit.

Quakers believed that every man, in his own life, could be fully

victorious over sin. The denied any clerical authority and all

texts. They believed in the separation of church and state. They

refused to swear to any oath, e.g. in court, or to participate in

war. They refused to take off their hats to anyone but God. It was

their practice to turn the other cheek when one cheek had been

struck. If asked for his cloak, a Quaker would give it. He never

asked more for his wares than the precise sum which he was

determined to accept. The Quakers developed a value of making

provision for children from a first spouse when remarrying. They

carefully selected masters and mistresses who wanted to take on

child apprentices for their suitability for such responsibility.

The education of Quaker women did not decline, as it did for other

women. From the fervor of their zeal, the Quakers broke into

churches, disturbed public worship, and harassed the clergyman and

audience with railing and reproaches. When brought before a

magistrate, they show no reverence but treated him as an equal.

Sometimes they were thrown into mad house or prisons and sometimes

whipped or pilloried. They endured stoically under this suffering.

Mary Fisher from Yorkshire introduced Quakerism to New England.

In 1653 there were separation agreements between spouses as to

property, e.g. support and maintenance.

Cromwell had bad experiences with Parliaments. The Rump Parliament

was a remnant of the Long Parliament. The army and then Cromwell,

although a member, came to believe that its members were self-

interested, preoccupied with perpetuating themselves in seats of

power, and corrupt. They thought that their own hopes of reform in

the law, in the church, and in public finances were being

deliberately frustrated. Cromwell came to doubt that it would ever

give the people adequate government and protection. He started to

believe that one man as chief executive could do this better.

Cromwell dismissed the Rump Parliament in 1653. A new constitution

created a Puritan "Parliament of Saints". These men were nominated

in various ways, such as by church parishes, and selected by

Cromwell. This one-house Parliament of Saints in 1653 made

Cromwell Lord Protector for life with executive power of the

state, with responsibility for making peace and establishing order

after a decade of civil strife and political chaos. He was to

administer the government and be the chief magistrate. It also

provided for triennial Parliaments (consisting of one house), and

religious freedom for all except Roman Catholics and adherents of

the formerly established Church of England. Cromwell did not

tolerate the ritual of the formerly established English church nor

allow any of its adherents to have any office under him. His was a

purely Puritan government. He did not sell offices. The Parliament

of Saints challenged many vested interests in property such as

sales of delinquents' and Papists' lands. It clashed severely over

the continuation of tithes to the church. It became disorderly

when some declared the Parliament dissolved and left. Others

remained in their seats. To avoid a Parliamentary crisis, Cromwell

had soldiers close the Parliament of Saints and lock its doors.

The people supported this action because they were dissatisfied

with the state of public affairs. The next Parliament that was

tried was elected on a new constitutional basis of men with 200

pounds, but these men voted to make Parliament sovereign without a

chief executive, thereby abolishing the protectorate. Cromwell was

distressed that this Parliament had also voted themselves to be

the sole determinors of atheism and blasphemy instead of advancing

liberty of religious conscience and religious toleration as

Cromwell had advocated. dissolved this Parliament, declaring that

it was not acting for the public good. A last Parliament was also

dissolved by Cromwell for tending to loosen the bonds of

government and thereby threatening the peace of the nation.

Cromwell had first ruled as a democratic leader who did not

believe in force, but preferred to persuade with reason. He

initially believed that people would do the right thing according

to their consciences, but was disillusioned and then became

autocratic. He came to rule as a military dictator. Payment of

taxes was enforced by distraint. After 1654, he issued about 100

proclamations covering public amusements, roads, finances, the

condition of prisons, the imprisonment of debtors, banning of

dueling and cockfighting, law reform, control of religion and

education, and reorganization of the army. The singing of ballads

was banned. The Court of Chancery was reformed by proclamation.

The established church was reformed and the power to interfere

with different faiths was denied to it. Each parish could choose

its form of service, whether Presbyterian, Congregational,

Baptist, or any other seen as fundamental by the Puritans. No one

was compelled to attend any particular church or to accept the

discipline of any particular minister. But the Book of Common

Prayer was forbidden. There was freedom of worship for

Presbyterians, Independents, Baptists, Quakers, Catholics, and

Jews (who had secretly migrated to England to avoid persecution on

the continent), but not Prelatists (those favoring government of

the church by bishops).

In 1655, Cromwell placed major generals in charge of eleven newly-

established provinces. As their Governors, they had authority to

levy troops, exact taxes imposed by the Protector, disarm

Royalists and Catholics, examine into the conduct of the clergy

and schoolmasters, arrest dangerous and suspicious persons, and

prevent unlawful assemblies, and to enforce the existing laws

against immorality and blasphemy. The only appeal was to the

Protector. Since they were Puritans, they ordered public ale

houses to close as dusk, banned idlers, minstrels, and actors,

forbade exercising of horses on Sunday and the holding of markets

on Saturday as well as Sunday, censored the press, and proscribed

newspapers. Horse races, which meetings were used for seditious

purposes, were closed. Theaters were closed. Dancing was

discontinued. Organs and choirs in churches prohibited. Court

masks continued because they provided soothing music. After a

year, Cromwell withdrew the major-generals. From this time, men of

property hated the idea of a standing army.

In 1657, the officers of a new Parliament modified the

constitution and Cromwell approved it, to secure liberties of the

people as they never before had. Under the modified constitution,

there were again two houses. The Commons regained its old right of

exclusively deciding on the qualification of its members.

Parliamentary restrictions were imposed on the choice of members

of the Council, officers of state, and officers of the army. A

fixed revenue was voted to the Protector. No moneys were to be

raised except by consent of Parliament. Liberty of worship was

guaranteed to all except Papists, Prelatists, Socinians (who

denied the divinity of Jesus), for those who denied the

inspiration of the Scriptures. Liberty of conscience was secured

for all. In 1658, Cromwell tried another Parliament, but dissolved

it because it wrangled without resolution.

After Cromwell died, the people demanded the return of a genuine

and free Parliament. The old constitution was restored and a new

House of Commons was elected. It called Charles II to return to be

king if he promised religious freedom and backpay to the army,

which had not recently been paid. When Cromwell's Puritan soldiers

were disbanded, they did not drift into thievery as royalists

soldiers had before, but took up honest work such as baker, mason,

brewer, baker, or haberdasher. Puritanism now made itself felt not

by the sword, but in literature and politics. It affected the

character of the English, who tend to be stoics, and imbued

capitalists with a hard-working attitude.

- The Law -

After the civil wars, the law against enclosure was not enforced.

What was passed in Parliament in Cromwell's time were called

statutes, but after Cromwell's time, these statutes were not

recognized as legitimate.

"whereas Public Sports do not well agree with Public Calamities,

not Public Stage-plays with the Seasons of Humiliation, this being

an Exercise of sad and pious Solemnity, and the other being

Spectacles of Pleasure, too commonly expressing lascivious Mirth

and Levity ... Public Stage Plays shall cease, and be forborne

instead of which are recommended to the People of this Land the

profitable and seasonable considerations of Repentance,

Reconciliation, and Peace with God, ..."

No book or pamphlet may be printed, bound, stitched, or sold or

imported unless licensed and entered into the Register Book of the

Company of Stationers. Officials of this company and of Parliament

may search all places which they shall think meet for all

unlicensed printing presses and all suspected printing houses,

warehouses, and shops and other places for unlicensed books and

pamphlets and papers and seize them and apprehend all authors,

printers, and other involved people and bring them before

Parliament or the Committee on Examinations for punishment.

Justices of the peace and other officers may order doors and locks

broken for this purpose. The fine is ten pounds for authors, five

pounds for printers, two pounds for booksellers, and one pound for

buyers who conceal a book bought. One half of each fine shall go

to the person who discovers and prosecutes the offender, and the

other half shall go to the poor. This law suppressed royalist

newspapers but was enforced only with great difficulty.

All shall observe Sunday and days of Thanksgiving in their "duties

of Piety and true Religion publicly and privately" and none may

sell wares or goods, including fruit or herbs upon pain of

forfeiture of such. None may, without reasonable cause, travel,

carry burdens, or do any worldly labors or work whatsoever or pay

a fine of 10s. This work shall include grinding grain, fulling in

mills, burning turf or earth, gathering taxes, melting wax for

candles, brewing, baking, butchering cattle, tailors fitting or

carrying clothes, barbers trimming hair, being present at fairs or

markets, or washing, whiting, or drying clothes. Nor may any one

maintain or be present at wrestlings, shooting, bowling, ringing

of bells for pleasure or pastime, masks, wake, church-ale,

dancing, games, sport or, for those over 14, forfeit 5s., and for

those having care or education of a child under 14, 12d. Maypoles,

a "Heathenish vanity, generally abused to superstition and

wickedness", shall be taken down by officers or forfeit 5s. per

week. If any offender can't pay his fine, he shall be put in the

stocks for three hours. However meat maybe dressed in private

families, and victual sold in inns and victualling houses in a

moderate way, and milk sold before 9a.m. or after 4p.m.

Persons of the trinity, angels, or saints shall be demolished.

Altar and communion tables must not be raised but leveled. There

may be no copes, surplices, superstitious vestments, or holy water

fonts. There may be no crosses, crucifixes, pictures of the

trinity, angels or saints on plates. All organs must be taken

away.

The fine for using the Book of Common Prayer is five pounds for

the first offense, ten pounds for the second offense, and one year

imprisonment without bail for the third offense. The penalty for

writing or preaching against the Directory for Public Worship is

five to fifty pounds.

Blasphemies and heresies such as teaching or writing or printing

that there is no God, that God is not almighty, that Jesus was not

divine, that the resurrection of Jesus did not occur, that the

Bible is not the word of God, or that there is no judgment day

after death, are felony without benefit of clergy. If such an

offender recants, he shall stay in gaol until he obtains two

sureties. If he offends again after recantation, it is felony

without benefit of clergy.

In 1650 adultery was declared to be a felony, except if the

husband had been beyond the seas for three years or had been

reputed to be dead. Incest was also declared to be a felony. It

was defined as marrying or having carnal knowledge of one's

grandparent, parent, sibling, mother's brother or sister, father's

wife, mother's husband, son's wife, daughter's husband, wife's

mother or daughter, or husband's father or son. Fornication was

given a punishment of three months imprisonment and until security

was obtained for one year for good behavior. It was defined as

carnal knowledge of a virgin, unmarried woman, or widow. A common

bawd or one keeping a brothel or bawdy house was to be whipped,

set in the pillory, marked in the forehead by a hot iron with the

letter: B, and then imprisoned for three years without bail and

until there were sureties for good behavior for life. The second

offense was felony without benefit of clergy. There was to be no

corruption of the blood. However, juries were reluctant to convict

for adultery and incest.

There shall be no profane swearing or cursing of forfeit by a lord

30s., a baronet or knight 20s., an esquire 10s., a gentleman

6s.8d., and all others 3s.4d.There is a double fine for the second

offense. For the tenth offense, the offender shall be bound by

sureties for good behavior for three years.

A person equating himself or another with God or not believing in

God shall be imprisoned for six months without bail. For the

second offense, he shall be banished from the nation.

No longer shall people be punished for nonattendance at church on

Sunday or days of Thanksgiving, but may be at some other place of

prayer, preaching, reading, or the scriptures.

Hawkers and ballad singers have been libelous, so are to be

whipped as common rogues and then dismissed. Also, their ballads

and pamphlets are to be confiscated. Vagrant, idle, loose,

dissolute and disorderly persons and fiddlers in inns, alehouses,

and taverns are to be punished as rogues, vagabonds, and sturdy

beggars, that is, whipped.

In 1649, treason against Parliament was defined as writing,

printing, or declaring that the government is tyrannical, usurped,

or unlawful or that Parliament is not the supreme authority or the

nation, or plot, contrive, or endeavor to stir up or raise force

against the government. Attainder for such would not work

corruption of the blood.

Treason to the Protector was defined the same as it was to the

King.

Army deserters are to be corporally punished or executed.

Fellable wood and underwood, but no timber trees, may be cut

within 60 miles of London because fuel is needed, especially by

the poor. This will be supervised by overseers appointed by

Parliament.

No one may import foreign hats or hatbands to relieve that

industry in England.

As of 1656, certain food could not be exported when the prices of

such exceeded a stated amount. For instance, 5 pounds for a 36

gallon barrel of beef, 6d. for a pound of bacon, 4 pounds and 10s.

for a 224 gallon barrel of butter, and 24s. for 64 pounds of rye,

pease, or beans. The customs for such items was more for

foreigners than for natives, for instance 3s. for natives and 5s.

for foreigners for a barrel of beef.

Butter for sale must not be corrupt and be properly weighed.

One must obtain a license to buy wheat or other grain and put it

to sale in meal or flour or forfeit three times the value.

All books of the law, writs, pleadings, and patents shall be in

English or forfeit 20 pounds.

No deer may be killed or forfeit 15 pounds, half to the informer

and half to the poor.

Interest may not exceed 6 pounds for a loan of 100 pounds yearly

as of 1651.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 48 / 66 段