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 -

Real wages, which had been falling, reached their low point and the gap

between the poor and others widened. There were depressions from 1629-32

and from 1636 to about 1640, which called for Royal proclamations for

the relief and distress, especially among the poor. The Book of Orders,

for the relief of distress in earlier reigns, was to be reissued. The

assize of beer and bread maintaining quality, prices, weights, and

measures, was to be duly kept. Hoarding of foodstuffs was to be

punished. Fish days and lent were to be observed to maintain the

fishers. Abstaining from suppers on Fridays and on the eves of feasts

was ordered in all taverns and commended to private families. City

corporations were to give up their usual feasts and half the charge

given to the poor. Foreign ships were not to be supplied with food for

long voyages. The revised Book of Orders also covered the regulation of

beggary, the binding of apprentices, and the general relief of the poor.

All magistrates were to enforce the rules and raise special rates from

all parishes, the richer of these to help the poorer.

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 else forfeit 20s.

No butcher may kill or sell any victual on Sunday or else forfeit 6s.8d.

Every innkeeper, alehousekeeper, and other victualer 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 was 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 8,000 pounds, one-half going

to the King. A lord who was accused of converting agricultural land to

pasture was fined 4,000 pounds. A person who exported fuller's earth,

contrary to the King's proclamation, was pilloried and fined 2,000

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 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

Catholic 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.

The regular church courts punished people for heresy, non- attendance

at church, sexual immorality, working on the Sabbath or a holy day,

non-payment of tithes, and lending money at interest. The special

ecclesiastical court, the Court of High Commission, was composed of

clerics appointed by the king and decided cases of marriage annulment,

alimony, adultery, married couples living separately, cruelty of

husbands to wives, and habitual drunkenness. But it also took on cases

of schismatics and extended its power over them to include staid and

solid Puritans, who uniformly believed that salvation was the only

worthy earthly aim. Acting on information attained through secret

channels or from visitations, it would summon the accused, who was

required to give, under oath, "full, true, and perfect" answers to broad

and undetailed charges made by secret informants. Refusal to take the

oath resulted in commitment for contempt of court. If he denied the

charges and fled, the court could hold the hearing without him. Many

fled out of the country or went into hiding in it. If the accused went

to the hearing, he could not take an attorney with him. Most of the

issues involved clergy refusing to use the litany, to make the sign of

the cross in baptism, to wear the surplice, or to publish the Book of

Sports, and insistence on extempore prayer and preaching. Other issues

were clergy who, from the pulpit, inveighed against ship-money and

unjust taxes, and spoke rudely against the bishops and tyrannical

princes. One case is that of Samuel Ward, the town preacher of a large

town, heard in 1635. He neglected bowing or kneeling on coming to his

seat in church and preached against the Book of Sports. He did not read

the set prayers from the official book, but said prayers he had himself

conceived. To this he replied that a parrot could be taught to repeat

forms and an ape to imitate gestures. But his most serious offenses had

to do with his utterances from the pulpit derogatory to the tenets and

discipline of the church. He was accused of saying that he believed that

congregations still had the right of election of all officers, including

ministers. Also, he allegedly said that in preaching on the Christmas

holidays he told his people "that in the following days they might do

their ordinary business, intending to cross that vulgar superstitious

belief, that whoever works on any of those twelve days shall be lousy".

He allegedly warned his people to beware of a relapse into popery. Ward

was convicted of depraving the liturgy, tending toward schism,

frightening the people, and encouraging the overthrow of all manner of

government. He was removed from his position, deprived of his

ministerial function, suspended and silenced during the King's pleasure.

He was ordered to make submission and recantation both in court and in

his church and to give bond for 200 pounds. When he did not do this, he

was sent to prison and lay there nearly four years, and died a few

months later. In another case, a Mrs. Traske was imprisoned for at least

eleven years for keeping Saturday as her Sabbath. Many people were

excommunicated and books censored for essentially political reasons.

In 1637, the king proclaimed that the common law courts could not

intervene in ecclesiastical courts.

The Court of High Commission was abolished by the Long Parliament.

Justices of the Peace had general and quarter sessions, the latter of

which were held four times a year with all Justices of the Peace

attending. It was primarily a court of appeal from penal sentences. But

it was also an administrative body to determine taxes and make

appointments of officials and grant licenses for businesses.

In 1638, in distributing a deceased person's estate, the Chancery court

upheld a trust designed to hold the property for an heiress so that it

did not become her husband's property.

At the request of Parliament, the King had all justices serve during

their good behavior instead of serving at the King's will, which had

been the practice for ages. This increased the independence of the

judiciary.

The rack was used for the last time in 1640 before the Long Parliament

met. It was used to torture a rioter before hanging.

Men were still pressed to death for failure to plead, pickpockets still

executed for the first offense, and husband murderers still burned.

- - - Chapter 16 - - -

- The Times: 1642-1660 -

For four years, there was civil war between the King, backed generally

by the upper class, the established church, and most of the gentry,

against the Parliamentarians, backed generally by middle class yeomen,

town dwellers, some of the gentry, most of the great corporations, the

City of London, the ports, the seamen, and the Navy. Oxford University

was royalist, and Cambridge University was Puritan in sympathy. Archery

was not used in the war, having become just sport by 1633. Flint-lock

pistols, which relied on flint striking steel to ignite the powder, as

well as swords were used by horsemen in the civil war. Footmen were

musketeers using a match lock with a cord boiled in vinegar as the

match, and dressed in leather doublets and an iron-pot headpiece; or

pikemen with long wooden poles with spearheads of iron or steel and

short swords, and dressed in armor. This was the last time armor was

used. The Parliamentarians wore orange scarves to distinguish themselves

from their enemy. Cromwell, who had a natural aptitude for military

matters, selected for his troops, Puritan zealots with a Puritan code of

behavior which included no drinking or swearing. He selected horsemen

based on ability rather than social class. He was regarded as one of the

leaders of the Independents, who wanted total abolition of the monarchy

and of the aristocracy. When made a leader of the New Model Army,

Cromwell dressed all his foot men in red with only the facings being

regimental colors. The New Model Army had been assembled because there

had been disagreement about policy among the members of Parliament who

held commissions. Almost all members gave up their commissions. For

their continued support, many wives and also prostitutes put on men's

clothing and followed the troops. They nursed the wounded. Those many

wives who stayed at home pleaded and answered in court; petitioned to

the House of Commons, e.g. for release of debtors from prison, high

taxes, lack of work, and arbitrary government; and made other public

appearances. Puritan and royalist newspapers printed the news at least

once weekly. Poet John Milton pled for civil and religious freedom,

freedom of social life, and freedom of the press. He stated: "Give me

the liberty to know, to utter, and to argue freely, according to

conscience, above all liberties."

The Mayor and citizens of London were given authority in 1642 to

fortify all highways leading to the city and levy a tax on inhabitants

for this purpose. When London was deprived of coal during the war, trees

and flowers again flourished there.

Officers and seamen in navy ships were authorized in 1642 to take

one-third of all prize goods captured, the other two-thirds going to the

state.

Parliament approved certain persons to set forth ships at their own

expense to defend the realm in 1643. They were allowed to keep any

ships, goods, ammunition, or moneys they seized.

Saltpeter men were appointed by Parliament in 1643 and later times to

search and dig for saltpeter in pigeon houses, stables, and outhouses,

but not dwelling, shops, or milkhouses. They had to repair any damage

done to the contentment of the owners.

Complaints were made to Parliament that there were scandalous and

ill-affected fomenters of the civil war and disobeyers of the ordinaries

of Parliament and deserters of their ordinary places of residence. These

complaints were made by members of the University of Cambridge,

students, clergy in surrounding counties, and schoolmasters. So a

committee was established in 1643 to investigate and sequester their

lands and goods, excepting one- fifth of the estate for the wife and

children.

When Charles was captured in 1646, the episcopacy of the bishops was

abolished. When Parliament was about to reinstate Charles as king with

weakened powers and establish a Presbyterian state church, the soldiers,

who were religious Independents and who still had not been fully paid

(the infantry pay was 18 weeks in arrears and the cavalry 43 weeks)

despite plans to disband them, spontaneously took the King by force.

They demanded liberty of conscience to practice their own religion and

their pay. Cromwell sided with the army and then became leader of the

House of Commons. Charles dissembled in his negotiations with the army

generals. He felt freed from his promises as soon as the pressure was

removed. The army could not forgive Charles' duplicity and deceitfulness

and insisted upon his death as the only way to bring peace. Cromwell

gave up hope on negotiations with Charles when he intercepted a letter

by Charles to his Queen decreeing the final doom of the army adherents

in favor of the Scottish Presbyterians. During protracted negotiations

over months between the army and Parliament over a new constitution, a

renewed support for the King, which was inspired by him, necessitated a

second civil war to put down this revolt and subdue its Scot supporters.

Eventually the army took control of Parliament by force, only allowing

the few members who agreed with them on the trial of the King into

Parliamentary meetings. So Charles was tried in 1649, found guilty of

"an unlimited and tyrannical power to rule according to his will, and to

overthrow the rights and liberties of the people ... which by the

fundamental constitutions of this kingdom were reserved on the peoples'

behalf in the right and power of frequent and successive parliaments or

national meetings in council", and maintaining a war against his

subjects, which amounted to treason. To prevent his adherents from

trying to reinstate him, he was condemned to death and beheaded in

January 1649.

To pay for the civil war, an assessment tax on the yearly value of

rents, annuities, and offices was often levied. The main burden of this

tax fell on the gentry rather than the merchants and smaller men of

property, as previous taxes had. An excise tax, a tax on consumption,

was begun on ale and beer and then extended to meat, salt, starch, soap,

and paper. It was gradually extended to many goods. The excise taxes

were paid, as was the customs tax, by manufacturers on goods made in

England and by foreign manufacturers on goods at the ports.

Parishes had to give maintenance to maimed soldiers and provision for

the livelihood to the wives and children of killed soldiers. Masters of

apprentices who became soldiers had to take them back as apprentices

without loss for their absence in defense of the Commonwealth. Masters

who received considerable loss by the absence of their apprentices

received reasonable satisfaction from the public stock.

From 1640-60, Royalists were purged from Oxford and a group of

Baconians moved into the university behind Parliamentary armies. At the

two universities, books were no longer chained to the bookcases. The

universities were freed from taxation.

After the civil wars, Cromwell led the country. He was a military,

political, and religious leader. He had become a Puritan zealot after a

youth of gambling, drinking, debauchery, and rioting. He believed that

military success was a reflection of divine favor and he regarded

himself as one the few elect preordained for salvation. Those in power

in the new Commonwealth tended to explain their regime in terms of

popular consent, and the takeover from Charles I as due to his breaking

of a contract with the people.

Most people dressed in Puritan fashion. A Puritan's favorite readings

were the Old Testament, Epistles of St. Paul, and writings of John

Calvin.

Wealth and prosperity steadily increased in spite of the civil wars.

During Cromwell's tenure, there was a marked revival of economic

prosperity. By the mid-1600s, landlords had been able to shorten their

leases so that a lease of twenty-one years was the predominant form of

landholding.

Patent protection was given in 1642 for seven years to the inventors of

a device for salvaging ships' goods and cannons from the seas. With it

they could convert to their own use one half of the items retrieved, the

other half going to the Navy and Parliament. Patent protection was given

in 1650 to George Manby on his new invention for boiling liquors and

making salt with less coal and wood and iron, lead, and copper for

fourteen years. Patent protection was given in 1651 for fourteen years

to Jeromy Buck for melting iron, lead, tin, copper, brass, and other

metals with coal without burning charcoal.

The Merchant Adventurers were incorporated again in 1643 to have a

monopoly. It was required to admit into membership for 100 pounds anyone

free of London and bred as a merchant, and for 50 pounds any

non-inhabitant of London. The penalty for trading for one who was not

free of the corporation was forfeiture of his goods.

In 1648, the House of Commons abolished the monarchy and in 1649 the

House of Lords. Also in 1649 it declared that England "should

thenceforth be governed as a commonwealth and free state by the supreme

authority of this nation, the representatives of the people in

Parliament." It made a new constitution.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 47 / 67 段