May Day was a holiday with dancing around a Maypole and people dressed up as characters such as Queen of the May, Robin Hood, Little John, Friar Tuck, Maid Marion, the fool, and the piper. New Year's Day was changed to January 1st.
Golf was played in Scotland, and James introduced it into
England. James I was the last monarch to engage in falconry.
Francis Bacon wrote the "Advancement of Learning" and "Novum Organum" (New Learning) in which he encouraged the use of the inductive method to find out scientific truths and also truths in general, that is reasoning from a sample to the whole. According to him, the only way to arrive at the truth was to observe and determine the correlations of facts. He advocated a process of elimination of hypothesized ideas. First, experiments were made, then general conclusions were drawn from them, and then these generalizations were tested in further experiments. His "New Learning" showed the way out of the scholastic method and reverence for dogma into the experimental method. He wrote "Natural and Experimental History". He studied the effect of cold in preventing animal putrefaction.
By this time, what was known about mathematics included fractional exponents, trigonometry in terms of arcs of angles, long division, square root symbol, decimal fractions, methods for solving cubic equations, trigonometry in terms of ratios of sides of a right triangle, equal sign, plus and minus signs, and a consistent theory of imaginary numbers.
John Napier, a large Calvinist landholder in Scotland who had built his own castle, did mathematics in his older years. He explored imaginary numbers, which involve square roots of negative numbers. By 1614, he had started and developed the theory of logarithms: the relationships among positive and negative exponents of numbers. This simplified calculations because the multiplication and division of numbers with a common base could be done by addition and subtraction of their exponents. His table of logarithms, which took him twenty years to compile, was used in trigonometry, navigation, and astronomy. It reduced the enormous labor involved in trigonometric calculations. In 1622, Willliam Oughtred invented the slide rule for calculations.
Galileo Galilei was a professor of mathematics at the University of Padua in Italy and was later a protege of the powerful Medici family. He pioneered the scientific method of theory building by observation of phenomena instead of resort to sources such as Aristotle. He conducted experiments, e.g. throwing objects off the tower of Pisa in 1590 to show that all, whether light or heavy, fall at the same rate. This disproved the widely held belief that heavier objects fall faster than light objects. He reasoned by induction from experiments that the force of gravity has the same effect on all objects regardless of their size or weight. His law stated that the speed of their descent increases uniformly with the time of the fall, i.e. speed [velocity] = gravity's acceleration multiplied by time. This was a pioneering mathematization of a physical phenomenon.
From his observation that an object sliding along a plane travels increasingly farther and slows down at a decreasing rate as the surfaces become smoother and more lubricated, he opined that the natural state of a body in motion is to stay in motion, and that it is slowed down by a resistant force, which he called "friction". He conceived of the air giving a frictional force to an object moving through the air. From his experiments showing that a rolling ball rolls up a plane farther the lesser the slope of the plane, he intuited that if the plane were horizontal, the ball would never stop rolling except for friction. He opined that bodies that are at rest stay at rest and bodies that are in motion stay in uniform motion ("inertia"), unless and until acted upon by some force. This was a radical departure from Aristotle's theory that any horizontal motion requires a prime mover. Galileo drew a graph of distance versus time for the rolling ball, which indicated that the distance traveled was proportional to the square of the time elapsed.
He put his ideas of vertical and horizontal motion together to explain the movement of projectiles, which travel horizontally, but also fall downward vertically. He realized that the movement of a projectile involved a horizontal impetus of projection and a vertical force of gravity, each being independent of the other, but acting simultaneously, instead of sequentially. He demonstrated that a projectile follows the path of a parabola, instead of a straight line, and that it descends a vertical distance which is proportional to -the square of the time taken to fall. That is, a thrown object will strike the ground in the same amount of time as an object simply dropped from the same height. This suggested that gravity was a constant force.
Galilieo described mathematically the motion of a lever such as a seesaw in which the weight on one side multiplied by its distance from the fulcrum is equal to the weight on the other side multiplied by its distance from the fulcrum.
Galileo determined that a pendulum, such as a hanging lamp, swings back and forth in equal intervals of time. He measured this time with water running through a tube; the weight of the water was proportional to the time elapsed. Also, pendulums with equal cord length swing at the same rate, regardless of the substance, weight, or shape of the material at the end. So a pendulum could be a mechanical clock. - Galileo knew that ice floated on water because ice is less dense and therefore lighter than water. It had formerly been thought that ice was heavier than water, but floated on water because of its shape, especially broad, flat-bottomed pieces of ice.
The telescope was invented in 1608. The next year, Galileo built a greatly improved telescope to observe bodies in the skies. He observed that the spots on the moon had shifting illumination and that the moon's perimeter had a jagged outline. From this he deduced that the surface of the moon had mountains, valleys, and craters much like the earth, and was illuminated by reflected light. He noticed that the planet Jupiter had moons orbiting it in a manner similar to the orbit of the Earth's moon. He observed that when the planet Venus was very small it had a round shape and when it was very large, and therefore nearer the earth, it had a crescent shape. Also, Venus progressed through periodic phases of increasingly wide crescent shapes in a manner similar to the phases of crescent shapes of the Earth's moon. He realized that these features of Venus could be explained only if Venus revolved around the sun, rather than around the earth. This finding added credence to the Copernican theory that the earth and all planets revolve around the sun. But church doctrine that the sun revolved around the earth was supported by the Biblical story of God making the sun stand still to give additional sunlight on a certain day so a certain task could be completed that day. Galileo argued against a literal interpretation of the Bible, so he was denounced by the church. His finding of sunspots on the sun conflicted with church doctrine that the celestial bodies such as the sun were perfect and unblemished. His observation that certain sun spots were on certain locations of the sun, but changed location over time, suggested that the sun might be rotating. He observed that when air was withdrawn by a suction pump from the top of a long glass tube whose lower open end was submerged in a pan of water, the water rose to a height of 34 feet and no higher. This result indicated that the evacuated space above the water was a vacuum: an empty space. The notion of a vacuum, a space where there is nothing or void, was difficult for philosophers to accept. They believed that nature abhored a vacuum and would prevent it. About 1600, Galileo invented the first thermometer by heating air at the top of a tube whose open end was in a bowl of water; as the top end cooled, the air contracted and water rose part way up the tube; the column of water rose or fell with every change of temperature. Galileo invented the compound refracting microscope, which used more than one lens, about 1612.
Galileo's book on the arguments for and against the Copernican theory was unexpectedly popular when published in 1632. The general public was so persuaded by the arguments that the earth revolved around the sun that Papal authority felt threatened. So Galileo was tried and convicted of heresy and sentenced to house arrest as an example to others who might question church doctrine, even though the seventy year old Galileo recanted and some of the inquisition judges who convicted him believed the Copernican theory and their decision did not assert the contrary.
Johannes Kepler was a mathematician from Germany who made his living as an astrologer. He was in contact with Galileo by letter, as most scientists of Europe were with each other. Kepler was fascinated with perfect geometric shapes, which he tried to relate to celestial phenomenon. He discerned that the orbit of Mars was not perfectly circular. He knew that the apparent path of the sun with respect to the constellation of fixed stars differed in speed at different times of the year. He opined that this showed that the speed of the earth revolving around the sun varied according to the time of year. Then he measured the angles between the earth and the sun and the earth and Mars as they changed through the Martian year. He noted when the earth, Mars, and the Sun were on the same straight line. Then he deduced the earth's true orbit, and from this the true orbits of the other planets. Then by trial and error, he attempted to match this empirical data with regular mathematically defined shapes, until he discovered in 1609 that these paths were elliptical. Also, the planets each move faster when they are nearer the sun and more slowly when they are farther from the sun so that in equal time intervals, a line from the planet to the sun will sweep out equal areas. This observation led him to opine that there is a force between the sun and each planet, and that this force is the same as that which keeps the moon in its orbit around the earth. Thirdly, in 1619, he found that the square of the time for each planet's orbit about the sun is proportional to the cube of that planet's mean distance from the sun, so that the farther planets orbit at a slower speed. He connected the earth's tides with the gravitational pull of the moon. Kepler also confirmed that the paths of comets were governed by a law and were farther from the earth than the moon. This contradicted the church's explanation that what lies within the moon's orbit pertains to the earth and is essentially transitory and evil, while what lies beyond belongs to the heavens and is permanent and pure.
Renee Descartes, a French mathematician, scientist, and philosopher, had a revelation that the structure of the universe was mathematical and that nature obeyed mathematical rules. In 1637, he invented analytic [Cartesian] geometry, in which lines and geometric shapes can be described by algebraic equations and vice-versa. All conic sections: circles, ellipses, parabolas, and hyperbolas, could be represented by equations with two unknowns, or variables, on a coordinate system in which each point is represented by a pair of numbers representing distances from the two axis lines. An algebraic equation with two unknowns, could be represented as a shape thereon. An algebraic equation with one unknown represented a straight line thereon. The points of intersection geometrically were equivalent to the common solution of the associated algebraic equations. He started the convention of representing unknown quantities by x, y, and z and known quantities by a, b, and c. So, for instance, a circle with center at point 2,3 and a radius of 4 was represented by the equation: (x-2) squared + (y-3) squared = 4. He pioneered the standard exponential notation for cubes and higher powers of numbers. Analytic geometry aided in making good lenses for eyeglasses. The glass was first manufactured with attention to quality. Then, after it cooled and solidified, the clearest pieces were picked and their surfaces ground into the proper curvature.
Descartes formulated the law of refraction of light, which deduces the angle of refraction [deflection] of light through a medium from the lights' angle of incidence and the speed of light in each media in which the light passes. This explained why a rainbow is circular. In 1644, he described the universe in terms of matter and motion and suggested that there were universal laws and an evolutionary explanation for such. He opined that all effects in nature could be explained by spatial extension and motion laws that 1) each part of matter retains the shape, size, motion, or rest unless collision with another part occurs; 2) one part of matter can only gain as much motion through collision as is lost by the part colliding with it; and 3) motion tends to be in a straight line. Descartes feared persecution by the church because his ideas did not correlate with the Biblical notion of God's creation of the universe in the order of light, then sky and oceans and dry land, then plants, then seasons and the sun and moon and stars, then fish and birds, then all animals, and finally man. Descartes believed in a good and perfect God, and thought of the world as divided into matter and spirit. The human mind was spirit and could exist outside the human body. Without the mind, human body was a machine. The human mind had knowledge without sense experience, e.g. the truths of mathematics and physics. Ideas and imagination were innate. His observation that sensory appearances are often misleading, such as in dreams or hallucinations, led him to the conclusion that he could only conclude that: "I think, therefore I am." He rejected the doctrine that things had a proper behavior according to their natures, e.g. the nature of acorns is to develop into oak trees. As an example of erroneous forming of conceptions of substance with our senses alone, he pointed out that honeycomb has a certain taste, scent, and texture, but if exposed to fire, it loses all these forms and assumes others. He considered to be erroneous the belief that there are no bodies around us except those perceivable by our senses. He was a strong proponent of the deductive method of finding truths, e.g. arguing logically from a very few self- evident principles, known by intuition, to determine the nature of the universe.
Christian Huygens, a Dutch physicist, used the melting and the boiling point of water as fixed points in a scale of measurements, which first gave definiteness to thermometric tests.
There was much mining of coal, tin, copper, lead, and iron in the 1600s. Coal was transported from the coal pits down to the rivers to be loaded onto ships on coal wagons riding on wooden rails. The full coal cars could then be sent down by gravity and the empty wagons pulled up by horses. Sheet metal, e.g. lead, was used for roofing. Coal was much used for heating houses, and for laundry, cooking, and industrial use, such as extraction of salt, soap boilers, and manufacture of glass, bricks and tiles for buildings, anchors for ships, and tobacco pipes. It was used in the trades: bakers, confectioners, brewers, dyers, sugar refiners, coopers, starch makers, copper workers, alum makers, and iron workers.
In 1604 the Haberdashers, who sold imported felt for hats, got a charter of incorporation.
A tapestry factory was established in 1619.
Flax-working machines came into existence.
The royal postal system carried private as well as royal letters, to increase income to the Crown. Postmasters got regular pay for handling without charge the mail of letters that came from or went to the letter office in London. The postmaster kept horses which he let, with horn and guide, to persons riding "in post" at 3d. per mile. The post was to travel 7 mph in summer and 5 mph in winter and sound his horn four times in every mile or whenever he met travelers.
Wool and animals for butchering were sold in London with the sellers' agent in London taking the proceeds and paying out to their order, the origin of check writing.
Scriveners drew up legal documents, arranged mortgages, handled property transactions, and put borrowers in touch with lenders. They and the goldsmiths and merchants developed promissory notes, checks, and private paper money.
The influx of silver from the New World was a major factor in the second great inflation in England and in the devaluation of money to about one third of what it had been. Also contributing to the inflation was an outracing of demand over supply, and a debasement of the coinage. This inflation benefited tenants to the detriment of their lords because their rents could not be adjusted upward.
There was an increase in bankruptcies. Houses of Correction were built.
As Attorney General, Edward Coke was impassioned and melodramatic. He once described the parts of the penalty of treason as follows: being drawn to the place of execution reflected the person's not being worthy any more to tread upon the face of the earth; being drawn backward at a horse tail was due to his retrograde nature; being drawn head downward on the ground indicated that he was unfit to breathe the common air; being hanged by the neck between heaven and earth indicated that he was unworthy of either; being cut down alive and his privy parts cut off and burnt before his face indicated he was unworthily begotten and unfit to leave any generation after him; having his bowels and inners taken out and burnt indicated he had inwardly conceived and harbored such horrible treason; his head cut off, which had imagined the treason, and his body to be quartered and the quarters set up to the view and detestation of men a prey for the fowls of the air. Coke was subsequently elevated to the position of Chief of Common Pleas and then to Chief of the King's Bench. But there Coke propounded a doctrine of the supremacy of the law over the king as well as over Parliament. For instance, Coke would not agree to stay any case in which the king had a concern in power or profit, to consult with him. But the other eleven justices did agree. Since James I believed in the divine right of kings, he therefore dismissed Coke from his position as Chief Justice of the King's Bench. James even believed that he could suspend any law for reasons known only to him and issue proclamations that were not limited to the reinforcement of old laws, but made new offenses with punishment of fine and/or imprisonment.
The old writ of habeas corpus [produce the body] had been just to bring to court those persons needed for proceedings, but Coke in 1614 had cited the writ with a new meaning "to have the body together with the cause of detention".
Coke then became a member of Parliament and led the Commons, where he exalted the authority of Parliament vis a vis the king; that is, the king could not make any changes in law, religion, or taxation without consent of Parliament. James arrested Coke and two other members of the Commons and put its leader John Pym under house arrest for their outspoken opinions against the King's intended alliance with Catholic Spain and intended taking of a Spanish wife. Because of the deadlock that developed between the king and Parliament, certain matters could not be addressed by legislation and were left to be decided judicially. This made judicial review of disputes important.
James vastly increased the number of peerages, selling many, for example for 10,000 pounds. Since there was a tacit understanding that members of Parliament would not accept remuneration, this restricted eligibility for membership to the rich. The House of Commons was composed mostly of attorneys, merchants from the large towns, and country gentlemen. The gentry members had 600 pounds [12,000s] annual income from land and the burgess members had 300 pounds [6,000s.]. There were two knights from every county, elected by men holding at least forty-shilling freeholds; four representatives from London, and one or two from every other borough, generally elected by the top business families'; and a representative from each of the two universities. For Speaker, they always chose someone suggested to them by the Crown. He decided who would talk and could hasten or delay bills, usually for the benefit of the Crown. The Clerk, a lifetime appointment of the Crown, wrote out the bills and their amendments and kept track of proceedings. Many in the Commons were Puritan in sympathy. In 1607, the House of Commons developed a committee system to avoid being presided over by the royally designated speaker. A committee could consist of all the members of the House of Commons with an elected chairman. An increasing number of issues were discussed in committee before coming to the Commons and the Commons came to ratify readily what had been done in committee.
By 1610, there had developed in the House of Commons an opposition to feudal tenures, purveyance, wardships, and impositions (special import and export duties on aliens set by the king without the consent of Parliament that were supposed to be for the purpose of regulating trade instead of for revenue). There was also a call for free speech and an end to the King's habit at the end of Parliament of imprisoning for a time those who had been too outspoken. The Commons also asserted itself into foreign affairs by expressing an opinion against a treaty proposed by the king on which war could ensue. The treaty was abandoned. In London, organized groups such as the apothecaries, the skinners, and the grocers, were circulating printed statements of their cases to members of committees of the House of Commons rather than just seeking out a friendly Privy Council member. In 1621, the protests made to committeemen about monopolies sold by James frightened him into canceling many of them. He had made many grants against competition in violation of law. The right of the Commons to expel a member was asserted by the expulsion of a monopolist. By 1629, the speeches of prominent members and the course of proceedings were copied by stationers and sold in a weekly news report.
The King's Privy Council dealt constantly with foreign affairs, and also with the great companies, and problems arising such as gold leaving the country, the Dutch ships increased efficiency in transporting goods, the declining market for English cloth, strikes in the mining industry, decaying harbor works, the quality of food and drink, the wrongs done to the poor, and above all, the general peace and order. They formed commissions to study situations and sent orders to Justices of the Peace on methods to address certain problems and to Sheriffs to carry out certain acts. About 1618, a group within the Privy Council began to concentrate on foreign affairs, especially "cabinet counsels", that is, with secret matters. James sold high offices of state to supplement his income. His income from customs had increased so much that it was now three times that from Crown lands.
The Sheriff looked after Crown lands and revenues in his county. He gathered the rents, the annuities, the stray animals, the deodands, the fees due to the King, the goods of felons and traitors. He was still a means of communication between the Privy Council and the county. He announced new statutes of Parliament and proclamations by the king at the county courts and in the markets. He used posse comitatus to disperse riots. He was the functionary of the assize court, impaneling its juries, bringing accused men before it, and carrying out its penalties. He carried out elections of members of the House of Commons.
There were two high constables for each hundred. They were chosen by the Justices of the Peace at quarter sessions, and were usually small gentry or well-to-do yeomen. They were the intermediaries between the justices and the petty constables. The petty constable was the executive official of the village. He was usually elected by the suitors to the leet court of the manor for a year. He might be a farmer, an artisan, a carpenter, a shoemaker, or many times a tradesman, a butcher, or baker. He often visited the alehouse to learn of any trouble in the making. He would intervene in quarrels and riots and tell the participants to desist in the King's name. If they didn't, he could call on all bystanders to help him "force a quiet". He had to lead the rioters and causers of injuries to others, hold them there until he could bring him before the nearest justice. He would inform the justice of plots to trespass or forcibly enter land to take possession. He saw to it that no new cottages were built in the villages without due authority. He supervised markets and inns. He reported lapses of care for apprentices by their masters to the justice. At harvest time, he called upon all able bodied persons to assist and punished those who didn't respond by putting them in the stocks or fining them forty shillings. He arrested and whipped vagrants and sturdy rogues and sent them back to their place of birth through constables on the way. If a horse was stolen, he raised the hue and cry to all neighboring constables. He made inquiry into the paternity of the coming child of an unmarried pregnant girl to make him take responsibility for the child and pay her 8d. a week lest it fall into the responsibility of the village. In a town, he might have watchmen to help him see that the streets were peaceful at night. The constable assisted the Justice of the Peace, the high constable, and the Sheriff. He pressed men into military service. He collected taxes for the Sheriff and collected the money for purveyance, the money for the poor, maimed soldiers, and various kinds of prisoners, which the parish had to pay. He was often the spokesman for the village in village concerns, such as too many alehouses, brought to the attention of justices at quarter sessions. The constable and churchwardens together collected money for the parish, looked after the needy, and kept in close touch with the overseers of the poor, who cared for the sick and old, found work for the idle, took charge of bastards, apprenticed orphan children, and provided supplies for the workhouse.
In 1609 the East India Company was given a monopoly by the Crown that was indefinitely long as long as it was profitable to the realm in the King's opinion. Interlopers were to forfeit their ships and goods, one-half to the Company and one-half to the Crown. Monopoly status made the Company competitive with the Dutch and Portuguese monopoly companies. The Crown received a gift or a loan from the Company in return. At first, the Company raised capital for each separate voyage. But voyages tried to undercut each other and rival factions squabbled over cargoes. So the company then raised a "terminable joint-stock" for a period of years. The first of these was issued in 1613-16 and financed a fleet every year for four years. Subscriptions were called in by yearly installments and dividends paid out yearly. The voyage of 1613 brought shareholders a profit equivalent to about 11% a year. By 1620, the Company operated thirty to forty "tall ships", many built in its own dockyards. These dockyards were so technologically advanced that they were daily viewed by visitors and ambassadors. Here, besides wet and dry docks, there were timber yards, a foundry and cordage works for supplying the ships' hardware and a bakery and saltings for their provisioning. More than 200 craftsmen were directly employed in the yard. Overall the company was one of London' largest employers.
In 1607, the Muscovy Company, hired Henry Hudson to find a northwest passage through North America to the Pacific Ocean.
In 1606, the first charter of the Virginia Company was issued for trading purposes. It gave the settlers "all liberties, franchises, and immunities" they had in England. To oversee this colony, the Crown appointed a council. Virginia established the Episcopal Church by law. Virginia became a joint-stock company in 1609. But exports were few (timber, soap ashes, pitch, tar, and dyes) for several years, and then tobacco emerged as a source of profit. King James imposed a heavy duties on imported tobacco because it corrupted man's breath with a stinking smoke.
Life was difficult for Puritan Separatists, who wanted to separate from the established church. They were imprisoned and their houses were watched day and night for illegal meetings. In 1620, after trying Holland and when there was a depression in England, a few Puritan Separatists, along with other pilgrims, left for Virginia in the Mayflower, but landed in New England and founded Plymouth Colony. They were led by William Bradford and William Brewster, their spiritual leader. They planted fields and made friends with the Indians. In 1621, they secured a patent to the merchants and planters together for a voluntary joint-stock company in New England. Later, it became the self-governing Massachusetts Bay Colony.
The canons of the church of 1604 provided for excommunication for anyone who propounded that the king did not have the same authority in ecclesiastical matters as the godly kings among the Jews and Christian emperors in the primitive church, that the Church of England was not a true and apostolic church, that worship according the Book of Common prayer and administration of sacraments was corrupt or superstitious, or that other methods of the church were wicked, unchristian, or superstitious.
Church sanctuary was abolished for those accused of criminal offenses because it had been abused by thieves paying their rent by thieving at night. It remained available to those accused of civil offenses.
About 5% of the population was Catholic, although it was against the law to practice this religion. Indeed it long been the practice to sequester their lands, punish them for going to mass, fine them for not attending the established church, banish their priests, and imprison those who aided priests. There was a Catholic plot in 1605 to blow up Parliament and the king with gunpowder and to restore Catholicism as the state religion with a Catholic king. It was discovered and the conspirators were executed. Then there was a crackdown on Catholics, with houses being searched for hiding places for priests. Also, legislation was passed barring Catholics from many offices.
The Law
Churchwardens of every parish shall oversee the poor in their parish. They shall, with consent of the Justices of the Peace, set to work children whose parents cannot maintain them and also set to work married or unmarried persons who have no trade and no means to maintain themselves. Churchwardens shall tax every inhabitant, including parson and vicar and every occupier of land and houses, as they shall think fit. There will be a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work. There will be competent sums of money for the relief of the lame, impotent, old, blind, and others not able to work, and also for the putting out of children to be apprentices. Child apprentices may be bound until 21 years of age or until time of marriage. They shall account to the Justices of the Peace for all money received and paid. The penalty for absence or neglect is 20s. If any parish cannot raise sufficient funds, the Justices of the Peace may tax other nearby parishes to pay, and then the hundred, and then the county. Grandparents, parents, and children of every poor, old, blind, lame, or impotent person not able to work, being of sufficient ability, shall at their own charge, relieve and maintain every such poor person in that manner and according to that rate as Justices of the Peace of that county determine, or else forfeit 20s. per month. Two Justices of the Peace may commit to gaol or house of correction persons refusing to work and disobedient churchwardens and overseers. The overseers may, with the consent of the lord of the manor, build houses on common or waste land for the poor at the expense of the parish, in which they may place more than one family in each house.
Every parish shall pay weekly 2-10d. toward the relief of sick, hurt, and maimed soldiers and mariners. Counties with more than fifty parishes need pay only 2-6d. The county treasurer shall keep registers and accounts. Soldiers begging shall lose their pension and shall be adjudged common rogues or vagabonds subject to imprisonment and punishment.
A seminal patent-protection law was passed in 1624. It stated that all monopolies to any person or persons, bodies politic or corporate for the sole buying, selling, making, working, or using of anything within the realm are void. This does not include London or towns. Parties aggrieved by such may recover treble damages in the superior courts, with double costs. Excepted are existing patents, for 21 years or less, for new inventions and for future patents for 14 years or less. Excepted also are patents for printing or making saltpeter, gunpowder, shot or ordinance, etc.; patents concerning allum mines or Newcastle coal or glass making or export of calves' skins or making smalts [deep-blue pigment or glass] or melting iron ore; grants of office; and licenses for taverns.
Persons stealing crops from lands or fruit from trees shall be whipped.
Every person shall receive the holy communion in church at least once a year or else forfeit 20 pounds for the first year and 40 pounds for the second year, and threescore pounds for every year after until he takes the said sacrament.
Every person convicted of drunkenness shall be penalized 5s. or else placed in the stocks for six hours, because the loathsome and odious sin of drunkenness has grown into common use lately and it is the root of many other sins, such as bloodshed, stabbings, murder, swearing, fornication, and adultery, and is detrimental to the arts and manual trades and diverse workmen, who become impoverished. Offenders convicted a second time shall be bound with two sureties to the sum of 200s.
Lewd women, having bastards, chargeable to the parish, shall be committed to the house of correction to be punished and set to work for one year.
Mothers concealing the death of a bastard baby shall suffer as
for murder, unless one witness proves the child was born dead.
Persons deserting their families shall be deemed incorrigible
rogues and punished as such.
Persons such as sorters who purloin or embezzle wool or yarn delivered to them by clothiers and the receivers thereof, knowing the same, shall recompense the party grieved or else be whipped and set in the stocks.
Because benefit of clergy is not allowed to women convicted of felony by reason whereof many women suffer death for small causes, any woman convicted for the felonious taking of any money, goods or chattels greater than 12d. and less than 10s. other than burglary or robbery on the highway or from the person of any man or woman without their knowledge, shall be branded and marked in the hand upon the brawne of the left thumb with a "T" and imprisonment, whipping, stocking, or sending to the house of correction for a year or less.
Actors profaning God, Jesus, or the Holy Ghost on stage are to be penalized 200s.
In 1604 it was decided that it was not necessary to prove that witchcraft caused the death of a person for there to be punishment for the witchcraftery. All that was necessary now was the practice of witchcraft. The punishment was death by hanging. Also, consulting or feeding an evil spirit was felony.
Sheriffs summoning defendants without a writ shall pay 200s. and damages to the defendant, and 400s. to the King.
Since administrators of goods of people dying intestate who fail to pay the creditors of the deceased often can't pay the debts from their own money, the people (who are not creditors) receiving the goods shall pay the creditors.
No merchant may dress black rabbit skins, nor export them, unless dressed by skinners and bought from them because the skinners have been thus deprived of their livelihoods to their impoverishment throughout the realm.
Beer may be exported when malt is at 16s. per quarter because exporting beer instead of barley and malt will (1) increase the export tax to the King, (2) increase income for coopers and brewers, and (3) provide more jobs in transporting beer, which is more voluminous, to the great comfort of the port towns.
Fish which are spawning and growing in harbors may not be taken by any net or weirs because this practice has hurt fishermen and the realm.
No one shall sell beer or ale to an unlicensed alehousekeeper because abuses there have become intolerable.
No person at least 18 years of age may be naturalized or restored in blood after being attainted unless he takes the sacrament and the Oath of Supremacy [of the king over the church of England], and Oath of Allegiance [to the king].
Money given by will for the apprenticeship of poor children shall be managed by incorporated towns and unincorporated parishes. Masters receiving such apprentices shall become bound with sufficient sureties.
Houses of correction shall be built in every county.
London may make a trench to bring water to the north part of the city and shall compensate the owners of lands by agreement with them of an amount or an amount determined by commissioners.
All hospitals and abiding places for the poor, lame, maimed, and impotent persons or for houses of correction founded according to the statute of Elizabeth shall be incorporated and have perpetual succession.
Only lands and hereditaments paying rents to the Crown within the last sixty years shall be claimed by the Crown; the title of all persons and corporation who have enjoyed uninterruptedly against the Crown for the last sixty years are confirmed against the Crown.
No one may take more than 8% interest on loans because 10% has caused many, including gentry, merchant, farmer, and tradesman, to sell their land and forsake their trade to pay their debts.
As Attorney General, Edward Coke introduced the crime of "seditious libel" in a case before the Star Chamber in 1606. These written slanders or libels were viewed as incitements to disorder and private vengeance. Because the tendency to cause quarrels was the essence of the crime, the truth of the libel was not a defense, but might be an aggravation of criminality.
Edward Coke, former Chief Justice of both the Court of Common Pleas and Court of the Queen's Bench, wrote his Reports on court cases of all kinds through forty years and his Institutes on the law, in which he explained and systematized the common law and which was suitable for students. This included a commentary and update of Littleton, published in 1627; old and current statutes; a description of the criminal law; and lastly an explanation of the court system, the last two published in 1644. Coke declared that "a man's house is his castle".
Coke waged a long battle with his wife over her extensive lands and personal property and the selection of a husband for their daughter. In his Institutes, he described the doctrine of coverture as "With respect to such part of the wife's personality as is not in her possession, as money owing or bequeathed to her, or accrued to her in case of intestacy, or contingent interests, these are a qualified gift by law to the husband, on condition that he reduce them into possession during the coverture, for if he happen to die, in the lifetime of his wife, without reducing such property into possession, she and not his representative will be entitled to it. His disposing of it to another is the same as reducing it into his own possession." He further states that "The interest of the husband in, and his authority over, the personal estate of the wife, is, however, considerably modified by equity, in some particular circumstances. A settlement made upon the wife in contemplation of marriage, and in consideration of her fortune, will entitle the representatives of the husband, though he die before his wife, to the whole of her goods and chattels, whether reduced into possession or not during the coverture. … A settlement made after marriage will entitle the representative of the husband to such an estate in preference to the wife. … A court of equity will not interfere with the husband's right to receive the income during the coverture, though the wife resist the application."
No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds as punishment. Nor may they be administrators of estates, or have custody of any child as guardian. Nor may they possess any armor, gunpowder, or arms. Nor may anyone print or import Popish books rosaries, or else forfeit 40s
Papists running a school must forfeit 40s. a day for such. Anyone conveying a child beyond the seas to be educated in popery may not sue in the courts, may not hold any office, and shall forfeit 100 pounds and all lands. But the child returning may have his family lands restored to him if he receives the sacrament of the lord's supper in the established church after reaching 18 years of age.
Judicial Procedure
James I asserted an authority to determine the jurisdiction
between the various courts.
The Court of the King's Bench had the major part of the civil
business of the courts.
The Star Chamber Court still was primarily directed against force and fraud and defended the common people from over-mighty lords and over-pliable Justices of the Peace, for instance by deterring enclosure. It also enforced monopolies. However, there was a growing tendency for King James, who sat on it, to abuse its power with high fines. For instance, a lord accused with foul language by a huntsman of following hounds of a chase too closely threatened to use his horse whip on the huntsman's master when the huntsman threatened to complain to his master. The lord was fined 10,000 pounds. James' council used torture to obtain information from accused felons about possible conspiracies against him.
The ordinary administrative court of first instance is formed by the single Justices of the Peace, who issue orders regarding public safety, order, public morals, health, the poor, highways, water, fields, forests, fisheries, trade, building, and fire, and particularly begging and vagrancy as well as regulations of wages, servants, apprentices, and day laborers. For more important resolutions, the special sessions of the Justices of the Peace of a hundred for a court of intermediate instance and appointed overseers of the poor. All Justices of the Peace were present at the quarter sessions, which were held at least four times a year, and were primarily a court of appeal from penal sentences, but also make the county rate, appoint county treasurers and county prison and house of correction governors, regulate prices and wages, settle fees of county officials, grant licenses for powder mills, and register dissenting chapels. It heard appeals expressly allowed by statute. The central courts also heard appeals by writ of certiorari as to whether an administrative act was in accordance with existing law, whether the court is competent, and whether the administrative law has been rightly interpreted. This writ of certiorari ceased in the 1700s.
Justices of the Peace who have the power to give restitution of possession to tenants of any freehold estate of their lands or tenements which have been forcibly entered and withheld, shall have like power for tenants for term of years, tenants by copy of court roll, guardians by knight service, and tenants by elegit statute merchant and staple of lands or tenements [tenant-plaintiffs holding property to receive income therefrom for satisfaction of a debt of defendants].
The Justices of the Peace were chosen by the Crown, usually by the Chancellor. The qualifications were residence in the county, suitability of moral character, religious uniformity, and the possession of lands or tenements with twenty pounds a year. They were almost exclusively country gentlemen, except in the towns. In the corporate towns, the mayor, bailiff, recorder, and senior aldermen were ex officio [by virtue of the office] Justices of the Peace. Their main duty was to keep the peace. If a justice heard of a riot in the making, he could compel individuals at the place to give bonds of "good-a-bearing" and cause a proclamation to be made in the King's name for them to disperse. Two justices or more had the authority to arrest the rioters and send a record of it to the assizes and to the Privy Council. If the riot had taken place before their arrival, they could make an inquiry by a jury and certify the results to the King and his Council. The justices had men brought before them on many kinds of charges, on their own summons, or on initiative of the petty constable. They tried to draw these men into confession by questioning. After indictment, a person had the choice of a petty jury trial or paying a fine. The Justices of the Peace could insist upon presentment juries or surveys of offenses by local officers, but, without the institution of policemen, not many crimes were prosecuted because victims were unwilling or could not afford to initiate judicial action. Their unwillingness was partly due to the severity of penalties, e.g. death for the theft of over 12s. and whippings and fines for misdemeanors. Further, the offender was frequently a neighbor with whom one would have to live. Mediation by the local constable often took place. When there an outbreak of lawlessness in an area, a commission might be set up especially for that area to enforce the law.
Assault cases were common in courts of assize and courts of quarter sessions. The quarter sessions were those of a number of Justices of the Peace held for a couple of days four times a year for the more important cases in the jurisdiction of the Justices of the Peace. Assault was violence or threat of imminent violence. Fines were graduated according to the means of the offender, who was usually bound over to keep the peace. Most involved offenders and victims who were neighbors and included people of substantial standing in the village. Also, a sizable minority were directed against local officers such as constables, bailiffs, or tax- collectors.
Three-fourths of all assize indictments and many quarter-sessions indictments were for various types of theft, including petty larceny, grand larceny, housebreaking, burglary, sheep stealing, and robbery. These offenses were mostly opportunistic rather than planned, except for London's underworld of professional thieves and the cutpurses of country markets and highway robbers on lonely roads. There were substantial peaks in theft in periods of harvest failure and industrial depression, especially by vagrants. But most of the poor never stole.
The Justices of the Peace usually deferred to the learned Justices of Assize for cases of felony, murder, rape, highway robbery, and witchcraft. Most homicides were the result of an impassioned argument leading to blows inflicted by nearby commonplace items picked up and used as weapons. Only 18% of homicides were within the family. Men were still declared outlaw if they failed to come to court after repeated summons.
The Lord Keeper regularly advised the assize justices, before each circuit departure, to relieve the poor, supply the markets, maintain the roads (which were frequently impassable in winter for wagons or coaches), enforce church attendance, suppress superfluous and disorderly alehouses, and put down riots, robberies, and vagrancy, and in times of dearth, to suppress speculation in foodstuffs, prevent famine, and preserve order. In fact, the justices were most attentive to offenses which affected them as rate payers for the poor. These were offenses against cottaging laws (e.g. erection of cottages which lacked the statutory four acres of land), harboring of "inmates", disputes of settlement of paupers, bastardy, vagrancy, church nonattendance, and above all, disorderly alehouses. Alehousing had been a well- established means of poor employment since the 1200s, so it was hard to enforce licensing laws. Further, alehouses were the centers of social life for the common people; both women and men met their friends there. If an attorney or solicitor delays his client's suits to work his own gain or over charges his client, the client can recover his costs and treble damages and the attorney and solicitor shall be disbarred. None may be admitted to any court of the king but such as have been brought up in the same court or is otherwise well-practiced in soliciting of causes and has been found by their dealings to be skillful and honest. An attorney who allows another to use his name shall forfeit 400 shillings and be disbarred.
Offenders shall pay the charge of their own conveyance to gaol or the sum shall be levied by sale of their goods so that the King's subjects will no longer be burdened thereby.
Plaintiffs' costs shall be paid by the defendants only where there is a judgment against the defendant in all actions in which the plaintiff is entitled to costs on judgment for him, to discourage frivolous and unjust suits.
Defendants may not petition to remove a case to the Westminster courts after a jury is selected because such has resulted in unnecessary expense to plaintiffs and delay for defendants in which they suborn perjury by obtaining witnesses to perjure themselves.
In 1619, by the writ of quo warranto, a government office or official could be made to explain by what right he performed certain acts.
The Court of High Commission heard mostly matrimonial cases, but also moral offenses both of clergy and laity, and simony [buying or selling ecclesiastical preferment, ecclesiastical pardons, or other things regarded as sacred or spirtual], plurality, drunkenness, and other clerical irregularities.
By 1616, Chancery could order injunctions to stop activities.
In Slade's case of 1602, the Court of the Queen's Bench held that assumpsit may be brought in place of the action of debt. So assumpsit supplants debt for recovering liquidated sums and is then called "indebitatus assumpsit".
The trial of Sir Walter Ralegh in 1603 began a call by people for a right to confront and question one's accusers. Before trial, privy counselors who in theory sat as impartial justices, cross-examined Ralegh in prison. With a carefully selected jury present, the trial began with reading of the indictment, which Ralegh had not yet seen. He was charged with treason in plotting with Catholic Spain to put Arabella Stuart on the throne. Arabella was to write to Spain promising peace, toleration of Catholics in England, and direction by Spain in her marriage choice. He pled not guilty and took no exception to any jurors, stating that he knew them all to be honest men. Next, Attorney General Edward Coke, his enemy and rival, and he engaged in a debate about who was right, with Coke outright bullying him. Coke then produced a signed confession by Lord Cobham that implicated him in the alleged conspiracy and accepting 10,000 crowns for his part. Ralegh was given permission to speak. He said that Cobham had retracted his confession. He ridiculed the idea that he would betray England to Spain for gold after fighting against Spain, including risking his life three times, and spending 4,000 pounds for the defeat of Spain. He pointed to a treatise he had written to the king on the present state of Spain and reasons against peace. Then there was a discussion on the validity of Cobham's confession. Cecil gave an oration of Ralegh. Coke gave a speech. Ralegh asked to have his accuser brought before him face to face. He cited law that two witnesses were necessary for a conviction for treason. Chief Justice Popham replied that only one witness was necessary under common law, which applied to his case, and that the trial was properly conducted by examination of the defendant. Coke added that it would be improper to call Cobham because he was a party. Then Coke surprised Ralegh with a letter from Cobham stating that Ralegh had asked Cobham to procure him an annual pension of 1500 pounds from Spain for disclosing intelligence. Ralegh acknowledged that a pension was offered, but denied that he had ever intended to accept it. He admitted that it was a fault not to inform authorities of this offer. The jury deliberated for fifteen minutes and returned with a verdict of guilty. The Chief Justice delivered the sentence for treason: drawing, hanging, disemboweling, beheading, and quartering. The whole trial was not so much to access guilt, but to show the general public that the person was guilty.
Church courts were revived after a period of disuse. They could annul an unconsummated or legally invalid marriage (e.g. consanguinity, impotence, a witnessed precontract to marry) and order judicial separations in case of adultery, cruelty, or apostasy. Annuled marriages made a person's children illegitimate. An action at common law for "criminal conversation" [adultery] with the plaintiff's spouse or for assault and battery could result in an order for separation. But only a private statute of Parliament could grant a divorce, which allowed remarriage. It was granted in only a few cases and only to the very wealthy. Church officials spied upon people's conduct to draw them into their courts and gain more money from the profits of justice.
In 1610, Edward Coke, Chief Justice of the Court of Common Pleas, decided that the statute giving the Royal College of Physicians power to imprison and fine those practicing without a license was invalid and unenforceable because it gave the college half of each fine awarded, which was a conflict of interest with its role as an adjudicator. Coke said that a maxim of the common law was that no man ought to be judge in his own cause. By this decision, he asserted a court supremacy over Parliament with respect to the validity of statutes. He opined that the courts should not only be independent of the Crown, but should act as arbiter of the Constitution to decide all disputed questions. In his words, "When an Act of Parliament is against common right and reason, the common law will control it and adjudge such Act to be void."
Justices still explained and in some degree interpreted legislative acts of Parliament as they had since the 1500s, but their right to do so was coming into question and was slowly lost.
Female scolds were still dunked into water as punishment.
Only barristers, who were called to the bar after being in long residence in one of the Inns of Court, could practice before the King's court. Attorneys and solicitors prepared cases for barristers and practiced before minor courts.
The king appointed the justices, with the advice of the Chancellor. James I often intimidated the justices to see things his way.
The oath of a justice was: "Well and truly ye shall serve the King and his people. And ye shall take no fee or livery of none but the King, nor gift or reward of none that hath a do before you except it shall be meat or drink of small value, as long as the plea hangs before you. And ye shall do equal law and execution of Right to all the King's subjects rich and poor, without regard to any person. Ye shall counsel our Sovereign Lord the King in his need. And ye shall not delay any person of common right for the letters of the King or of any person or for any other cause … So help you God."
The courts of King's Bench and Common Pleas, and the Chancery all met simultaneously in Westminster Hall. Throngs passed up and down the middle aisles between the courts, including booksellers, stationers, scriveners, and vendors of bread and hot meat. The hall was so cold that people kept on their coats and hats.
The last court case concerning villeinage was in 1618.
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.