In 1638, in distributing a deceased person's estate, the Chancery court upheld a trust for an heiress which would not become her husband's property.
At the request of Parliament, the King had all justices serve during their good behavior instead of serving at the King's will, which had been the practice for ages. This increased the independence of the judiciary.
The rack was used for the last time in 1640 before the Long
Parliament met. It was used to torture a rioter before hanging.
Men were still pressed to death for failure to plead, pickpockets still executed for the first offence, and husband murderers still burned.
- - - Chapter 16 - - -
- The Times: 1642-1660 -
For four years, there was civil war between the King, backed generally by the upper class, the established church, and most of the gentry, against the Parliamentarians, backed generally by middle class yeomen, town dwellers, some of the gentry, most of the great corporations, the City of London, the ports, the seamen, and the Navy. Oxford University was royalist, and Cambridge University was Puritan in sympathy. Archery was not used, having become just sport by 1633. Flint-lock pistols, which relied on flint striking steel to ignite the powder, as well as swords were used by horsemen in the civil war. Footmen were musketeers using a match lock with a cord boiled in vinegar as the match and dressed in leather doublets and an iron-pot headpiece, or pikemen with long wooden poles with spearheads of iron or steel and short swords, and dressed in armor. This was the last time armor was used. The Parliamentarians wore orange scarves to distinguish themselves from their enemy. Cromwell, who had a natural aptitude for military matters, selected for his troops, Puritan zealots with a Puritan code of behavior which included no drinking or swearing. He selected horsemen based on ability rather than social class. He was regarded as one of the leaders of the Independents, who wanted total abolition of the monarchy and of the aristocracy. When made a leader of the New Model Army, Cromwell dressed all his foot men in red with only the facings being regimental colors. The New Model Army had been assembled because there had been disagreement about policy among the members of Parliament who held commissions. Almost all members gave up their commissions. For their continued support, many wives and also prostitutes put on men's clothing and followed the troops. They nursed the wounded. Those many wives who stayed at home pleaded and answered in court; petitioned to the House of Commons, e.g. for release of debtors from prison, high taxes, lack of work, and arbitrary government; and made other public appearances. Puritan and royalist newspapers printed the news at least once weekly. Poet John Milton pled for civil and religious freedom, freedom of social life, and freedom of the press. He stated: "Give me the liberty to know, to utter, and to argue freely, according to conscience, above all liberties."
The Mayor and citizens of London were given authority in 1642 to fortify all highways leading to the city and levy a tax on inhabitants for this purpose. When London was deprived of coal during the war, trees and flowers again flourished there.
Officers and seamen in navy ships were authorized in 1642 to take one-third of all prize goods captured, the other two-thirds going to the state.
Parliament approved certain persons to set forth ships at their own expense to defend the realm in 1643. They were allowed to keep any ships, goods, ammunition, or moneys they seized.