Religion was a favorite and serious topic of discussion, even among the

illiterate. Nine-tenths of the people were Protestant. On the whole,

they were more inclined to salvation by grace than to salvation by good

works. Popular reading included guides for good manners such as "The

Rich Cabinet" by Thomas Gainsford, and "Youths Behavior" translated from

the French by Francis Hawkins. It advised not to sit with one leg on the

other, but with the feet even; not to spit on one's fingers; and not to

sniffle in the sight of others. Books for ladies such as "Delights for

Ladies" by Hugh Platt told them how to adorn themselves, tables,

closets, and rooms with beautiful objects, perfumes, and waters. It

taught preserving and the making of candy preserved by sugar, cooking,

and housewifery. Gervase Markham wrote advice for men in "Hobsons

Horse-load of Letters", which addressed serious negotiations, private

businesses, amorous accomplishment, wanton merriment, and the defense of

honor and reputation. "A Helpe to Discourse" primed a man to meet

company with suggested questions and answers, epigrams, riddles, and

jests. In Henry Peacham's "The Compleat Gentleman" (1622), the model

Cavalier is portrayed in terms of horsemanship, tilting, sports, choice

of companions, reserved and dignified conduct, good scholarship, and

responsibility. This popular book was a guide to university, where there

was a seven year course of classroom lectures. It advised conversation

with men of the soundest reputation for religion, life, and learning,

but recreation with those of the same rank and quality. First place was

to be given to religion, so that the foundation of all studies would be

the service of God. Following in importance were: speaking and writing

in English or Latin (grammar, syntax, and rhetoric), astronomy,

astrology, geography (whose authorities were Pliny, Strabo, and the

pagan writers of the first century), chorography [map-making],

mathematics (including arithmetic and geometry), poetry, (reading,

writing, and criticizing), music (including part-music), drawing,

limning [putting drawings in books], painting, art history, exercise

(riding, running, leaping, tilting, throwing, wrestling, swimming,

shooting, and falconry), logic and disputation (if related to one's

intended profession such as the law), philosophy (Plato and Aristotle),

and some medicine and botany.

Richard Brathwaite's "The English Gentleman" portrays the somber

Puritan who accepts the gospel of work. He is a staid and serious

businessman. "Matrimonial Honour" by Daniel Rogers opined that for

success, a marriage must be godly, with the parties equally religious,

worshipping together in private and in public. A hasty or worldly

marriage would bring repentance. The spouses should agree, but keep to

their spheres. Children should not be spoiled.

Large households were more or less self-supporting and were managed by

their ladies. Work included ordering wool, hemp, and flax; making cloth

and dying it; dairy work; brewing; malting; baking; preserving wines;

extracting oils; distilling perfume; and putting on banquets. Couches

were coming into use in parlors.

The king and his court entourage settled for most of the year in

Whitehall instead of traveling around the country. The king let the

public into Hyde Park, the king's private hunting park, for

recreation. The City of London and Westminster were still separate, but

a mass of hovels was springing up in between them. In certain areas

there were houses crowded with those wanted for minor offenses, small

thefts, and debt. Bailiffs did not dare venture into these areas because

the inhabitants hid and defended each other unless the offense was a

major one. The penalty for stealing even small sums was still death. The

water carrier was still active and the night transport of sewage

necessary.

Inigo Jones was the first architect of consequence. He had studied in

Italy and designed and built the Banqueting House at Whitehall, near

Westminster, in London in 1622. It had classical proportions and nice

shaping and dressing in stone. He was now an arbiter of taste for the

King Charles and his Queen and built many structures for them, including

the Queen's Chapel at St. James Palace and her bedroom in the Queen's

Hose in Greenwich. All over London and the country he and his pupils

built many classical buildings, including houses, churches, stables,

lodgings, out-buildings, staircases, galleries, watergates, and

archways. They stood in stark contrast to the Tudor buildings around

them. In the 1632, Jones started town planning in London with Covent

Garden fruit and vegetable market and terraced houses around a central

piazza surrounded by open arcades with a Tuscan church at one end. In

1634, a man from the suburb of Hackney introduced a line of coaches

rented at 1s. per hour. They soon became very popular.

The Flemish Johann Baptista van Helmont demonstrated that metals

dissolved in acid can be recovered through chemical means and enunciated

the doctrine that each thing in nature has its own specific

organization.

A large part of England was rebuilt as yeomen expanded their houses and

others lower in rank replaced mud and wood hovels with brick and stone

cottages. A separate kitchen appeared. The ground floors are boarded

over to create bedrooms. Permanent stairs replace ladders. Glass appears

in windows. Glass and crockery replace wood and pewter, Chairs replace

benches. Knives and forks become common.

About 1640 began travel between towns by covered wagons called stage

coaches. They carried passengers and goods and stopped at inns for

stabling and repairs.

Work was begun in 1630 to make canals that would make marsh waters run

to the sea. Barges on canals were the most efficient mode of

transportation. A barge could carry 50 tons on a canal and only 30 tons

on a river. A single horse could haul an 8-ton wagon on iron rails or on

a soft road, but only 1/8 of a ton on his back.

A new trend of spring-sown crops led to better crop balance and reduced

the risks of scarcity in a bad year. But the economy was still volatile.

There were riots in London in 1640-1 from a complete breakdown in

political consensus, the factions being the Royalist City elite versus

the middling and lesser merchants and craftsmen.

In 1631, the clock makers broke away from the control of the

Blacksmiths. The gunmakers also broke away from the Blacksmiths. The

tinplate workers broke away from the Ironmongers.

"Searching" for bad cloth became more difficult as the industry became

more diversified. For instance, a new machine called a gig- mill did the

work of many hand finishers. In 1633, Charles issued a commission for

the reformation of the cloth industry with minute directions for the

manufacture of cloth. But there were many disagreements over the details

of manufacture and reform was difficult to enforce.

By the 1630s, many parishes had a resident intellectual for the first

time. The parish priests came from gentry, upper yeomanry, urban

tradesmen and clerical families. They were educated and highly learned.

They had libraries and were in touch with contemporary religious

debates. They saw their role primarily as pastoral care. Many wanted to

improve the religious knowledge and moral conduct of their parishioners.

Puritan influence deepened as they forbade dancing, games, minstrels,

and festivals. They punished superstitious conduct. They initiated

prosecutions in church courts for sexual lapses and drunkenness. The

church court had little coercive power and its punishments were

restricted to penance or excommunication. Many Puritan sects espoused

equality for women. By the 1640s women were preachers, e.g. in the

Baptist and Anabaptist religions and, until 1660, prophetesses. These

sects were mostly composed of the lower echelons of society.

Poor people did not respond to sermons as did the well-to-do. Nor were

they as involved in church activity, attending church only for

marriages, baptisms, and funerals.

Charles I not only believed in the divine right of kings and was

authoritarian; he was the ultimate autocrat. He had an unalterable

conviction that he was superior to other men, who were insignificant and

privileged to revolve around him. He issued directives to reverse jury

verdicts. Parliamentarians Oliver Cromwell and other educated men

opposed this view. The Commons voted not to grant Charles the usual

custom-dues for life, making it instead renewable each year, conditioned

on the king's behavior. Charles dissolved Parliament before this passed.

He continued to take tonnage and poundage.

Charles wanted money for war so he imposed many taxes, but without the

consent of Parliament. They included many of which had fallen into

disuse. He imposed a compulsory "loan" on private individuals, which the

courts held was illegal, and imprisoned those who refused. Bail was

denied to these men. Simpler people who refused were threatened with

impressment into the Navy, which included being landed on shore to fight

as marines and soldiers. They sought to revive the old writ of habeas

corpus to get released, but to no avail. Charles billeted unpaid and

unruly soldiers in private homes, which they plundered. It was customary

to quarter them in inns and public houses at royal expense. Martial law

was declared and soldiers were executed. But the citizens did not want

martial law either.

The Magna Carta was now seen as a protector of basic liberties, instead

of a restoration of certain past rights.. Both attorneys and laymen read

"The Pastyme of People" written by John Rastell in 1529, which described

the history of the Magna Carta from 1215 to 1225. Also read was the

"Great Abridgment" of the English law written by Rastell in 1527, and

Coke's volume of his Institutes which dealt with the Magna Carta, which

the Crown took to prevent being published until 1642, when Parliament

allowed it. Broad-scale pamphleteering turned England into a school of

political discussion. Oxford University favored the established church

and Cambridge University was Puritan.

The House of Commons asserted a preeminence to the House of Lords for

the following reasons: The estates of the members of the House of

Commons were three times the extent of the members' of the House of

Lords. Bishops' estates had diminished considerably because of

secularization. The members of the House of Commons were elected

[chosen] by the people.

The House of Commons drew up a Petition of Right in 1627, which

expanded upon the principles of Magna Carta and sought to fix definite

bounds between royal power and the power of the law. It protested the

loans compelled under pain of imprisonment and stated that no tax or the

like should be exacted without the common consent of Parliament. It

quoted previous law that "...no freeman may be taken or imprisoned, or

be disseised of his freeholds or liberties, or his free customs, or be

outlawed or exiled; or in any manner destroyed, but by the lawful

judgment of his peers, or by the law of the land" and that "...no man of

what estate or condition that he be, should be put out of his land or

tenements, nor taken, nor imprisoned nor disinherited, nor put to death

without being brought to answer by due process of law". It continued

that "... divers of your subjects have of late been imprisoned without

any cause showed; and when for their deliverance they were brought

before your Justices by your Majesty's writs of Habeas Corpus, there to

undergo and receive as the court should order, and their keepers

commanded to certify the causes of their detainer, no cause was

certified, but that they were detained by your Majesty's special

command, signified by the Lords of your Privy Council, and yet were

returned back to several prisons, without being charged with anything to

which they might make answer according to the law." It also protested

the billeting of soldiers in private houses and martial law trying

soldiers and sailors. If these terms were agreed to by the King, he was

to be given a good sum of money. Since he needed the money, he yielded.

He expected tonnage and poundage for the Navy for life, as was the

custom. But he got it only for one year, to be renewable yearly. The

King agreed to the petition, quietly putting his narrow interpretation

on it, and it was put into the statute book.

In 1629 Parliament distinguished between treason to the king and

treason to the Commonwealth.

The Chief Justice held in 1638 that acts of Parliament to take away the

King's royal power in the defense of his kingdom were void; the king may

command his subjects, their persons, their goods, and their money and

acts of Parliament make no difference. But the people refused to pay

these taxes.

Charles thought of more ways to obtain money and disregarded his

agreement to the Petition of Right.

Without the consent of Parliament, Charles extended ship money to all

the kingdom instead of just the ports. It was used to outfit ships for

the protection of the coasts. Hampden refused to pay it on principle and

the courts ruled against him in the case of King v. John Hampden and he

was sent to prison. When distraints were tried, the common people used

violence to prevent them. The bailiffs were pelted with rocks when they

came to distrain property. One man used his pitchfork to take back his

steer being taken by the bailiff. If a distraint was successful, people

would refuse to buy the distrained property of their neighbors.

Charles revived the right of the Crown to force knighthood on the

landed gentry for a fee.

Charles sold monopolies in such goods as soap, leather, salt, wine,

coal, and linen rags although they had been abolished in the last

Parliament of James. This made employment uncertain for workers and

prices high for the public, and put masters in danger of loss of

capital.

Fines were levied on people for the redress of defects in their title

deeds. Crown forest boundaries were arbitrarily extended and landowners

near Crown forests were heavily fined for their encroachments on them.

Money was extorted from London by an illegal proclamation by which every

house had to pay three years' rental to the Crown to save itself from

demolition.

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, pretty trifles, 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 accordance with the prescribed forms

of Romish Breviars, Rituals, and Mass-books. Its ritual was to have pomp

and ceremony, including kneeling for communion. 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 [a Catholic censure

withdrawing most sacraments and Christian burial]. Days, postures,

meats, and vestments were to be regarded. 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 assigned to a parish by the

bishops without the consent of the patron of the church or parish

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

choose 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 Charles' wife, who was 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 to abolish episcopacy roots and

branches 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, nor 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, including 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.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 46 / 67 段