Chapter 15

The Times: 1625-1642

The entourage of Charles I came to be called "Cavaliers". They

were named by their opponents for the Spanish caballero who was a

Catholic who prosecuted Protestants. Their hair had long, curled, and

flowing locks. They wore a broad-rimmed decorated hat. Their fancy

jackets and breeches were loose. Boots were wide and folded over at the

top. Young men wore earrings and painted their faces. A lady wore her

hair in ringlets on each side of her face. Her dress was fitted at the

waist, with a peaked bodice. It was low at the shoulders with a scoop

neckline in front. She often wore much lace, especially at the neck

down to the bust line. Her outer dress and under-skirt that was

revealed in front, were full and made of satin and stiff silk or

velvet. Only hose of silk were worn at court.

A majority of prosperous industrial towns and fee farmers, led

sometimes by lords or old landed gentry, were Puritans. They dressed

plainly and in somber colors such as black, grey, and buff, with no

ornamentation except plain white collars and cuffs of linen rather than

of lace. Wool replaced silk and velvet. No jewelry was worn. The

Puritan women also wore long white aprons. The Puritan women smoothed

their hair back into little knobs and covered their hair and head with

a white covering. Both Puritan men and women wore broad-rimed hats and

plain shoes. The ordinary country man wore a felt hat, broadcloth coat,

woolen trousers, hand-knitted worsted stockings, and plain, strong

shoes. The Puritan men for a time had short-cut hair. The Puritan-

Parliamentarians were given the name "Roundheads" after the crop-

headed London apprentices whose rioting had marked every stage of the

conflict between king and Parliament.

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.

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.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 · 第 17 / 23 章