Rebellion of Irish Catholics against England and English

Protestants broke out in Ireland in 1641. Parliament didn't trust

the King with an army that he could use against themselves so it

passed the following two measures expanding the Navy and calling

out the militia and naming certain persons to be Lieutenants of

each county.

The Admiral shall impress as many seamen as necessary for the

defense of the realm. This includes mariners, sailors, watermen,

ship carpenters, but no one over the age of 50 or masters or

masters' mates. If one hides, he shall be imprisoned for three

months without bail.

Justices of the Peace shall impress as many soldiers as the king

may order for war in Ireland. This is despite the right of a

citizen to be free from being compelled to go out of his county to

be a soldier because the danger from Ireland is imminent. Excluded

are clergymen, scholars, students, those rated at a subsidy of

land of three pounds or goods of five pounds, esquires or above,

the sons of such or their widows, those under eighteen or over

sixty years of age, mariners, seamen, and fishermen. The penalty

for disobeying is imprisonment, without bail or misprise, and a

fine of ten pounds. If an offender can't pay the fine, he shall be

imprisoned a year more, without bail or misprise.

The right to call out the county militia had been a prerogative of

the Crown, so the King issued a Proclamation ordering the soldiers

to ignore this order and obey him. So Parliament declared this

Proclamation void.

The King accused five leaders of Parliament, including Pym, of

trying to subvert the government of the kingdom, to deprive the

King of his regal power, to alienate the affections of the people

toward their King, forcing the Parliament to their ends by foul

aspersions, and inviting the Scots to invade England. In 1642, the

King entered Parliament with 300 soldiers to arrest these five.

They had flown, but Parliament was shocked that the King had

threatened the liberties of Parliament with military force. The

citizens of London, in their fear of popery, rose in arms against

the King, who left the city. Both sides raised big armies. The

goal of the Parliamentarians was to capture the King alive and

force him to concessions.

When the Parliamentarians took Oxford in 1648, they purged its

faculty of royalists.

- The Law -

>From 1625 to 1627 these statutes were passed:

No one shall engage in sports or any pastimes outside his own

parish or bearbaiting, bullbaiting, interludes, plays or other

unlawful pastimes inside his parish on Sundays because such has

led to quarrels and bloodshed and nonattendance at church. The

fine is 3s.4d. or if the offender does not have the money or goods

to sell to pay, he shall be set in the public stocks for three

hours.

No carrier with any horse or wagon or cart or drover with cattle

may travel on Sunday or 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, 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.

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.

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.

>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.

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".

Evangelista Torricelli, an Italian student of Galileo, discovered

in 1643 that any fluid will be supported at a definite height,

according to its relative weight, as compared with air. He

realized that a mercury column, 30 inches in height, in a long

glass tube inverted in a cup of mercury, was being supported by

air pressure exerted on the mercury in the cup. When he observed

that this height changed with the weather, he had invented the

mercury barometer. In his work, he created and used vacuums.

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