Our Legal Heritage Part 98

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 const.i.tution 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 t.i.thes 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 const.i.tutional 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 amus.e.m.e.nts, roads, finances, the condition of prisons, the imprisonment of debtors, banning of dueling and c.o.c.kfighting, 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 a.s.semblies, 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 Sat.u.r.day 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 const.i.tution and Cromwell approved it. It was to secure liberties of the people as they never before had. Under the modified const.i.tution, 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, a.s.semble, 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 ma.s.s in an amba.s.sador'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 const.i.tution 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 att.i.tude.

- The Law -

After the civil wars, the law against enclosure was not enforced.

What was pa.s.sed 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 G.o.d, ..."

No book or pamphlet may be printed, bound, st.i.tched, 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 tr.i.m.m.i.n.g 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 superst.i.tion 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, superst.i.tious 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 G.o.d, that G.o.d is not almighty, that Jesus was not divine, that the resurrection of Jesus did not occur, that the Bible is not the word of G.o.d, 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 G.o.d or not believing in G.o.d 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 st.u.r.dy 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.