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.

John Milton defended the Commonwealth as superior to the

monarchy because it could not deteriorate into tyranny in his books:

"First Defense of the People of England" in 1651, and "Second Defense"

in 1654. He lauded Cromwell as great in war and great in peace, and

exemplifying the principle that "nature appoints that wise men should

govern fools".

Thomas Hobbes, the son of a clergyman, and tutor to students,

wrote "Leviathan" in 1651 on his theory of sovereignty. Hobbes thought

that states are formed as the only alternative to anarchy, barbarism,

and war, so that supremacy and unity of a sovereign power is essential

to a civilized life and the protection of the citizenry. A sovereign

may be a man or body of men as long as his or its authority is

generally recognized. There must be a social contract among the

citizenry to obey a certain sovereign. To avoid religious conflict,

there must be a complete subordination of the church to the state and

the religion of a state must be dependent upon its secular sovereign.

Hobbes thought that knowledge of the world came through experience and

not reason alone. Only matter exists, and everything that happens can

be predicted in accordance with exact, scientific laws. He regarded

human societies as purely mechanical systems set in motion by human

desires. He saw self interest as the mainspring of moral law.

Conflicting self interests transformed into a lawful system of

agreements. Hobbes opined that all power really originated in the

people and that the end of all power was for the people's good.

On the other hand, James Harrington, who wrote "The

Commonwealth of Oceana" in 1656, opined that a stable society depended

on a direct relationship between the distribution of property and

political power; no one with property worth more than 2,000 pounds

should be allowed to acquire more and property should be divided among

children. A senate of mature property owners were to make and debate

the laws while an assembly elected by universal suffrage was to vote on

them because "a popular assembly without a senate cannot be wise and a

senate without a popular assembly will not be honest". A third of the

Senate would turn over every year. John Milton defended the execution

of the King in "The Tenure of Kings and Magistrates" in which he

maintained that the people may "as often as they shall judge it for the

best either to choose him or reject him or depose him, though no

tyrant, merely by the liberty and right of freeborn men to be governed

as seems to the best". He also wrote in favor of liberty of the press.

Ordinary speech found its way into prose writing.

Lands of more than 700 Royalists, including church lands, were

confiscated and sold or leased by county committees. Many Royalists put

their lands into trusts or turned them over to relatives or sold them

outright to prevent confiscation. It was an upheaval comparable to the

dissolution of the monasteries. Also, specified Papists who had taken

up arms against the realm lost their lands, goods, money, rents, and

two-thirds of their personal estates. But allowance was made for the

maintenance of their wives and children.

The Book of Common Prayer was abolished because of its

burdensome ceremonies. It was replaced by a Directory for Public

Worship. According to this, the Sunday service was to include reading

of the Scriptures, prayer, and a sermon, ordinarily on some text of

scripture which would be explained with reasons therefore and applied

to peoples' lives so they could see if they had sinned or not. The

ending of episcopal patronage gave some parishes the right to elect

their own ministers.

All festivals and holy days were abolished, e.g. Christmas,

Easter, Whitsuntide. Instead, scholars, apprentices, and servants were

to have recreation and stores were to be closed every second Tuesday of

the month. The usual merry-making, music, dancing, and sports after the

Sunday service were discontinued.

A day for fasting: the last Wednesday of every month, was

declared by statute. This day was to be "kept with the more solemn

humiliation, because it may call to remembrance our sins, and the sins

of our forefathers, who have turned this Feast, pretending the memory

of Christ into an extreme forgetfulness of him, by giving liberty to

carnal and sensual delights, being contrary to the life which Christ

himself led here upon earth, ...". This statute lasted for only five

years from 1644 because observance of it was not consistent throughout

the country.

Educational opportunities such as in grammar schools were more

widespread and stronger than ever before or since until the 1800s.

About 78% of men in London were literate, and 30% of men nationwide.

About half the women in London were literate by 1700.

In 1645, the marshalls of the admiralty and five major ports

were ordered to search all ships for stolen children since it had been

a problem in London.

The elderships of the church were given power in 1645 to

suspend from the sacrament of the Lord's Supper all ignorant and

scandalous persons. Ignorance was lack of knowledge that there is a God

and this is the one true God we worship, that this God is one, yet

three persons: Father, Son, and Holy Ghost, that God created man in his

own image, that all have sinned and therefore shall die, that there is

one mediator between God and man: Jesus Christ, who died on the cross

to save men from their sins, that he rose from the dead, ascended into

heaven, sits at the right hand of God, and intercedes for us, that

Christ and his benefits are applied only by faith, that the souls of

the faithful live with Christ in blessedness, that non-believers and

non-repenters shall perish eternally, that the sacraments are baptism

and communion, and that there is a judgment day on which the righteous

will be given life eternal and the wicked shall receive everlasting

punishment. Scandalous persons are those who blasphemously speak or

write anything of God, his holy work or the sacraments; an incestuous

person; an adulterer; a fornicator; a drunkard; a profane swearer or

cursor; a murderer; a worshipper of images, crosses, crucifixes,

relics, saints, or angels; makers of images of the trinity; one who

professes not to be in charity with his neighbor; any challenging

another to fight or accepting such challenge; on the Lord's day,

dancing, dicing, cards, masking, wake, shooting, bowling, football,

wrestling, plays, interludes, fencing, bullbaiting, bearbaiting,

hawking, hunting, coursing [hunting with hounds], fishing, fowling,

selling wares, travel without reasonable cause; a brothel-house keeper;

one who solicits the chastity of another; one who marries a Papist or

consents to the marriage of his child to a Papist; own who goes for

advice to a witch, wizard, or fortune-teller; one who assaults his

parents, or any magistrate, minister, or elder in the execution of his

office; and one attainted of barratry [purchase or sale of office or

preferment], forgery, extortion, or bribery. If such a person persists,

he shall be excommunicated.

Cromwell did not disapprove of activities prohibited because of

the recreation they provided, but thought that they had become too

central to people's lives. He did not close the taverns or ale houses.

In 1653 it was required that public preachers be approved by a

commission nominated by the Lord Protector and Parliament because there

had been too many "weak, scandalous, popish, and ill- affected" ones.

In 1654 named persons were ejected as scandalous, ignorant and

insufficient ministers and schoolmasters.

Because the poorer parishes of London were having problems

supporting their poor, a Corporation for the poor of London was

established in 1647 with authority to erect workhouses and houses of

correction.

Imprisoned debtors who had less than five pounds and less that

five pounds worth of trade tools and clothing and bedding for his

family were ordered released in 1649.

Wardship was abolished. Military tenures were abolished. Feudal

tenures were converted into freehold in 1646.

In 1653 those living in Crown forest land were given free

socage in that land. The game laws were not enforced, so people could

eat deer.

Enclosures were increasing and Parliament was disinclined to

protect copyholders against enclosures, favoring those with rights of

ownership. Enclosure was no longer deterred especially after abolition

of the Star Chamber. The legal device of "strict settlement" evolved to

prevent heirs from breaking up estates enabled families to concentrate

land and capital into large units. The oldest son inherited the land

and the younger sons now received money. Clover seed was sold in London

by 1650. It revolutionized the cultivation of barren land. England

began to export instead of import grain. But vagrancy increased from

people dispossessed of land. And the village artisan, when deprived of

his field and of his rights of common, could not continue to work at

home, but had to accept the wages offered to him in an employer's

workshop.

Employers and entrepreneurs were now free from control by the

Crown. There were no more attempts to supervise quality of manufactures

or to fix prices or regulate wages. There was greater freedom

established in relations between employers and workers. The government

no longer tried to compel employers to keep employees in times of

economic slump. The requirement of seven year apprenticeships and being

the son of a freeholder to be an apprentice were not enforced.

The economy was still volatile due ostensibly to variable

harvests, amount of gold and money in circulation, and balances of

trade, and to periods of plague. Wages rose steadily. The rise in

prices ended about 1650, and prices remained stable until about 1775.

There was more mobility of people. Taxation became regular and it was

controlled by representatives of the taxpayers. Population growth

gradually stabilized.

Capitalism was coming into being. For instance, the clothier

was now a manufacturer. He had become a contractor, taking wool to the

specialist spinner, the yarn to the specialist weaver, the rough cloth

to be washed and stretched, and finally to the dyer. This cloth was

sold at retail by the drapers. Tin on the surface was exhausted, so

capital was used to drive deep shafts in tin mines. No longer did a

single man with a single ship sail around until he found a market, but

companies trading overseas had their ships, wharves, and depots

furnished by men's savings put into a common stock. The first major

capitalist industries were coal mining, iron mining, and foreign trade

because they all needed large investments, and thus joint-stock company

organization.

Cromwell reconstituted the East India Company on a wider and

more permanent basis. He gave it a new charter in 1657 which included

authority to make stock permanent, thus ensuring a continuity of

capital. This solved the problem of the competition of overlapping

voyages which still occurred despite their terms of several years. The

company became one of the first permanent joint-stock companies. Now

the stock was never wound up. The Company had permanent capital which

could grow. The absence of competition among voyages made the Company

stronger in the face of a common enemy, such as a rival trading country

or Indian groups. The charter also authorized the company to fortify

and colonize any of its establishments and to transport to them

settlers, stores, and ammunition.

Later in 1657, the Company threw open the freedom of the

Company to the public for a nominal sum of five pounds. Now the

Merchant Adventurers and private traders could participate. It provided

that dividends were to be paid only in cash and not in kind (goods). It

also provided for appraisals of the Company's property to be made every

three years, so any shareholders could redeem their shares

proportionately. His shares would then be resold. People began to buy

and sell their shares among each other. The Company made the minimum

subscription 100 pounds. Each person holding 500 pounds worth of shares

had one vote. Holding 1,000 pounds worth of shares qualified one for

election to the committee of twenty-four. The seats of the members of

this committee and of the Governor and Deputy Governor could no longer

be permanent, but had limited and staggered terms. The continuity of

capital took the place of the permanence of the governing body in

providing stability. There was a regular scale of salaries for

employees, and rules of conduct such as the one disallowing any clerk

of the India House from going to play houses, dancing schools, or

taverns. The Company established almshouses for its widows and orphans.

In 1657 the Muscovy Company, renewed its charter for trade in

Russia and established a New General Stock. If a man bought a share, he

bought freedom of the company. An annual dividend was declared from the

annual profits.

Commercial men regularly kept accounts with bankers. Merchants

used division to apportion profits or losses to the parties whose

capital was involved. Simple and compound interest were used. The

concept of contract became a familiar one.

Regular private bankers of London emerged from the Goldsmiths

from 1640 to 1675. They issued bank notes and paid checks.

Cromwell increased trade by seizing territories, establishing

colonies, and warring with competitors for master of the seas and

trade. In 1649 it was provided that no one who paid his assessment for

soldiers' pay would have to quarter any of them.

Authority was given in 1649 to impress seamen: mariners,

sailors, watermen, surgeons, gunners, ship carpenters, caukers,

coopers, whoymen, and carmen for carriage of victuals.

English ships were embellished with decoration. Their sail area

was increased by triangular fore and aft sails. The Navy increased from

39 to 80 vessels.

After serving in foreign wars, ex-soldiers were allowed in 1654

to practice any trade without serving a seven year apprenticeship.

Colonies New Hampshire and Maine were established in 1635,

Connecticut in 1636, and Rhode Island in 1638, as offshoots from other

colonies.

In 1649 a corporation was established to teach the Gospel of

Jesus Christ in New England to Indians.

About 1650, steel was hardened by repeated quenchings and

temperings when the steel had reached certain colors. Brass was made

from copper and zinc alloyed together.

There were power-driven rolls for the coinage from 1657. Strips

of silver were passed between engraved rolls. Then coins were punched

out and their edges serrated.

In the 1650s, Huygens made the first pendulum that worked

practically in a mechanical clock. This new clock increased the

accuracy of time-keeping tenfold. He also introduced the concept of

mathematical expectation into probability theory.

There was a thermometer which used liquid such as water or

alcohol in a glass tube instead of air.

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.

Blaise Pascal, a French mathematician, physicist, and religious

philosopher, was a child prodigy. At the age of 12, he proved Euclid's

32nd theorem that the sum of the angles of a triangle is equal to two

right angles. Before age 16, he wrote a book on conic sections. He is

famous for his theorem that a hexagon inscribed in a conic section has

the property that the three meeting points of the opposed sides are

always in a straight line. He constructed a calculator, which could

handle nine-digit numbers, in 1644 to assist his father, also a gifted

mathematician, in tax computations he did as a local government

official. He had Torricelli's mercury barometer carried up a mountain

and found that the height of the column dropped as altitude increased,

and thus that air pressure decreased with altitude. This showed that

the attribution of these effects to nature's abhorrence of a vacuum

were due instead solely to the weight and pressure of air. He

determined that the height to which the mercury rose was the same

regardless of the shape of the vessel containing it. Around 1646, he

did experiments with double vacuums and on the results formulated his

principle that pressure applied to a confined liquid is transmitted

undiminished through the liquid in all directions regardless of the

area to which the pressure is applied. Around 1653, he laid the

foundations for the theory of probabilities after being asked by a

gambling friend why, in playing dice, some frequencies came up more

often than others. He developed a means of calculating probabilities

with his "Pascal's Triangle" of coefficients of (a+b) raised to the nth

power. Each row represents the coefficients of a power one greater than

the power of the previous row. Each number is the sum of the nearest

two numbers in the row above it. He and lawyer and mathematician Pierre

Fermat invented the theory of probabilities.

Fermat also proved that the law for refraction (bending) of light

results from light's following the path that takes the shortest time.

He founded number theory, the study of properties of whole numbers, in

1640. Fermat formulated the notion of a line tangent to a curve and

started the development of differential calculus, in which a rate of

change is expressed as a function of time in equation form and also as

a tangent to the curve associated with that equation. This work helped

lay the foundation for the mathematics field of analysis. He and German

Gottfried Leibniz formulated the principle that an equation with two

unknown quantities can represent a curve. Leibnitz believed that man's

mind can arrive at truths about entities by pure thought.

Jean Ray from France concluded from his experiments that every

piece of material has a given weight, including air and fire. Otto von

Guericke from Germany discovered that, in a vacuum, sound does not

travel, fire is extinguished, and animals stop breathing.

At a time when mathematics was only a business of traders,

merchants, seamen, carpenters, and surveyors, mathematician John

Wallis, the son of a minister, studied sections of cones [circles,

ellipses, parabola, and hyperbolas] as curves of the second algebraic

degree, i.e. with an exponent of two, i.e. y = (a (x squared)) + b. He

also worked with negative and fractional exponents. Around 1655 he

invented the infinite arithmetic and introduced the symbol for

infinity. He determined that the area under any curve defined by the

equation y = (x to the nth power), was x to the (n+1)th power divided

by n+1. He introduced the concept of the limit of a string of numbers.

He wrote a treatise on algebra which was historical as well as

practical. He also decoded enemy cyphers for the sovereign.

Some English gentlemen interested in the new scientific methods

originated by Galileo had meetings beginning about 1645 to discuss

scientific topics. One group met at Gresham College and was headed by

Wallis. Another group was led by Robert Boyle, a philosopher,

physicist, and chemist. They wrote in English instead of Latin. These

meetings later gave rise to the Royal Society for science.

Since the Puritans forbade music in churches, but enjoyed it in

domestic circumstances, much secular music was composed, published, and

played. There were many musical clubs. The violin became very popular.

Solo songs were much sung. The first English opera: "The Siege of

Rhodes" was written and performed with women on stage. Writers of the

time included John Milton, political philosopher James Harrington, poet

Edmund Waller, Thomas Fuller, poet Abraham Cowley, and biographer Issak

Walton. John Aubrey wrote anecdotes about famous men. Jeremy Taylor,

chaplain to Charles I, wrote on theology. People still read French

romances translated into English. Dancing was still popular. Coffee

houses came into prominence as places of social discourse. The first

coffee house was established in London in 1652; ten years later, there

were 82 coffee houses in the City. There were elegant pleasure gardens,

with a fee for access. They were used for promenades and picnics.

Ladies and their gallants rendezvoused there. Cromwell introduced the

habit of port drinking to England.

In 1657, one general Post Offices was established with one

Postmaster General for all of England. No other person could have the

horsing of the through-posts. It cost 2d. for a letter to or from 80

miles of London and 3d. for one outside 80 miles of London.

The Society of Friends was founded by the son of a weaver. They

greeted everyone as "friend" and did not bow; remove their hat, as was

the custom when before the king or an earl; or otherwise show any

reverence to anyone. From 1650, they were called Quakers because they

trembled when religiously stirred. They reverted to the ancient "thou"

and "thee" appellations. Their dress was particularly simple, with no

buttons, lace, ruffles, or embroidery. They hated ritual so much that

they rejected baptism and communion. They did not observe the Sabbath

as a special day different from other days. They derided the holiness

of churches. No clergy were admitted into their sect. When they met for

divine worship, each rose to deliver extemporaneous inspirations of the

Holy Ghost. Women were admitted to teach the brethren and were

considered proper vehicles to convey the dictates of the spirit.

Quakers believed that every man, in his own life, could be fully

victorious over sin. They denied any clerical authority and all texts.

They believed in the separation of church and state. They refused to

swear to any oath, e.g. in court, or to participate in war. They

refused to take off their hats to anyone but God. It was their practice

to turn the other cheek when one cheek had been struck. If asked for

his cloak, a Quaker would give it. He never asked more for his wares

than the precise sum which he was determined to accept. The Quakers

encouraged widows and widowers to provide for children from a first

spouse when remarrying. They carefully selected masters and mistresses

who wanted to take on child apprentices for their suitability for such

responsibility. The education of Quaker women did not decline, as it

did for other women. From the fervor of their zeal, the Quakers broke

into churches, disturbed public worship, and harassed the clergyman and

audience with railing and reproaches. When brought before a magistrate,

they show no reverence but treated him as an equal. Sometimes they were

thrown into mad house or prisons and sometimes whipped or pilloried.

They endured stoically under this suffering. Mary Fisher from Yorkshire

introduced Quakerism to colonial New England.

In 1653 there were separation agreements between spouses as to

property, e.g. support and maintenance.

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.

Military tenure was abolished in 1660.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 · 第 18 / 23 章