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. He 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 , who favored

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, 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 were 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. It was 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.

There was continual problem with Catholics. Mayors, Justices and

capital burgesses of towns where Papists or others had caused rebellion

and insurrection and plundered, robbed, pillaged, murdered and raped,

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.

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 else 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 victualing 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 for a wife whose

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 of 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 else forfeit three times the value.

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

or else forfeit 20 pounds.

No deer may be killed or else 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.

No goods are to be imported from America, Asia, or Africa except in

English ships or else forfeit all goods and the ship, one half of which

goes to the one who seizes the goods and prosecutes. None may be

imported from Europe except in English ships or ships from the country

of origin of the goods. No salt fish may be imported or exported but in

English vessels.

There is a 10 pound reward for discovery of highwaymen and burglars or

persons who break and enter into houses and there use violence.

No cart or wagon or carriage on the road may be drawn by more than five

horses or six oxen and a horse except for military vehicles.

Notice of intended marriages shall be published once a week for three

weeks in a public meeting place called church or a public market place

next to church. Exceptions to the marriage shall be noted by the

Register and considered by the Justice of the Peace before the marriage

is performed. The words used shall be: "...promise to be unto thee a

loving and faithful husband..." and "promise to be unto thee a loving,

faithful, and obedient wife...".

There shall be no cock-fighting because it disturbs the peace and

usually is accompanied by gaming, drinking, swearing, and quarreling.

Anyone challenging or accepting a challenge to duel shall be imprisoned

for six months without bail, and must acquire two sureties for a year.

Anyone fighting a duel in which death ensues, shall be banished for

life.

Horse races were forbidden in 1654 for six months to discourage

mischievous plots and designs by enemies of the state. The penalty was

forfeiting the horse. Attendees were to be brought to justice.

As of 1657, a house or building built within ten miles of the walls of

the City of London not having at least four acres had to pay a fine of

one year's rent. All houses within London or Westminster or the suburbs

must be brick or stone, and built straight up without protruding into

the street or else forfeit 100 pounds.

As of 1657 persons living extravagantly without visible estate or

calling may be made by Justices of the Peace to acquire sureties for

good behavior or go to gaol. They would also be sent to the house of

correction to work for three months for the first offense and for a time

specified by the Justice of the Peace for the second offense.

Anyone winning at betting or playing at cards, dice, tennis, and horse

races shall forfeit double his winnings.

Excluded from pardon were buggery with man [sodomy] or animal

[bestiality], carnal ravishment of women, and bigamy.

Husbands were responsible for their wives' oaths and fathers for their

daughters'.

Drunkenness was much punished.

- Judicial Procedure -

The Protector is the supreme magistrate of the Commonwealth, with power

to pardon all crimes, except murder and treason.

Parliament was no longer a court.

Use of the torture was proscribed in 1649.

In 1652, the justices were given a salary of 1,000 pounds and forbidden

to take fees or rewards. They also got tenure, thus freeing them from

government pressure. Now civil justice was honestly dispensed and

justices were learned and honest.

The jurisdiction of Admiralty court was defined to include: ships and

vessels with tackle, apparel and furniture thereof; repairing,

victualing, and furnishing provisions of ships and vessels for sea; all

cases of bottomry [ship-owner indemnified if the vessel were lost, but

paid over a substantial share of the profits if it reached its

destination safely], contracts beyond the seas concerning shipping or

navigation; charter, parties, contracts for freight; bills of lading;

mariners wages; damage of goods on board ships; and damage by one ship

to another including by anchors or want of laying buoys. It did not

include contracts between merchants.

- - - Chapter 17 - - -

- Times: 1660-1702 -

The monarchy was restored and Charles II came to the throne. The

episcopacy of the bishops and the Book of Common Prayer were restored.

This book retained all its ceremonies, despite opposition by the

Presbyterians. The confiscated Royalist, church, and Crown lands were

ordered to be restored, and most were. Charles II was presented with the

traditional rights of choosing his own Privy Council, ministers of

state, and justices; making foreign policy; controlling the armed

forces; and approving statutes. He was also presented with the power to

call and dismiss Parliament, but later, in 1694, a statute required that

Parliament be held at least once every three years, to avoid royal

schemes of non-parliamentary government. The House of Lords was

reestablished and there were again bishops in it, though fewer than

before - about 1/8 instead of about 1/3. There were 160 peers for the

next century. The House of Commons was elected in the usual way, but

without a king's writ. The Commons was composed mostly of royalist

established church members. Its leaders were important members of the

King's Privy Council.

The feudal tenures of the crown, such as knights' service, were

converted into free socage. They were discharged of homage, reliefs,

escuage, and aids. Charles relinquished purveyance, wardships, and

forfeitures of marriage. In return, Parliament granted him a fixed

yearly income of 100,000 pounds from excise tax on beer, cider, and tea.

Several hundreds of dissenter ministers and school teachers were

ejected from their positions, but later those who were not Baptists were

returned by statute of Parliament because Baptists did not believe in an

established church.

Charles II was an easygoing and kindly man and hard to ruffle. He had a

weariness in the folly of men and a cynical disbelief in human virtue.

His wit and great sense of humor softened many a potentially tense

situation. His restoration to the throne brought in a time of enjoyment

of life in reaction to the Puritanism of before. At his succession, the

elected Parliament was oriented toward royalty and the established

church. He was voted an income of 1,200,000 pounds a year. He also sold

many of the last crown lands. But he always had great debts, which he

described as a "desperate but not serious" situation. This was in part

due to his generous maintenance of several successive mistresses and

more than about a dozen illegitimate children. His entourage also

included physicians, surgeons, a librarian, a poet laureate, chaplains,

painters, an historiographer, musicians, a royal composer, and an

astronomer. Charles even joked on his deathbed that "I am sorry

gentlemen, for being such an unconscionable time a-dying."

The day of Charles II's restoration and birthday was designated as a

day of thanksgiving when all were to participate in prayers and the

singing of psalms at some church or other suitable public place.

Charles initiated the return of Sunday afternoon wrestling, archery,

music, and dancing. Theaters reopened with actresses playing women's

parts, an audience only in front of the stage instead of around it, a

drop curtain, and painted two-dimensional scenery. Actresses were

allowed pursuant to royal proclamation so that plays should become

"useful and instructive representations of human life" rather than

"harmless delights". Charles went to plays regularly. Actresses were

assumed to be mistresses of patrons in return for their jobs, but one

fourth were actually chaste women married to actors. Comedies were the

preferred plays. Courtesans were sympathetically and even admirably

treated in plays, which mocked all restraints and glorified immorality

with the exception of pornography, which was banned. Bad actors were

hissed off the stage. Henry Purcell wrote religious music for churches,

ceremonial music for the English court, and theater music for English

opera. Opera made music a vehicle for human emotions. The gentry sang to

the lute and danced to string instruments. Many owned and played musical

instruments. Humble people had folksongs and instruments like the pipe

and tabor for dancing. Singing in parts was popular in town and country.

In 1672 John Banister started the first regular series of public

concerts in his house. There were lovely formal gardens in which to

walk, to see fireworks, and to buy the new ice cream. Charles did much

garden and park planning and let the public enjoy the royal St. James

Park. He loved hunting too and had the royal forests replenished with

deer after poaching during the Cromwell era had greatly reduced their

numbers.

Charles II introduced sailing and yacht racing for pleasure. He also

participated in and promoted horse racing. The breeding of thoroughbred

horses began with breeding to Arab mares. Gelding horses were now

preferred over stallions. There were trotters, cart horses, and some

"fast" race horses. Boxing (with no gloves nor ring) was a national

sport. Ice skating with iron blades was popular. Valentine's day was

celebrated. Italian puppet shows played in London.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 49 / 67 段