Our Legal Heritage, King AEthelbert, 596 to King George III, 1775

by S. A. Reilly

The Mayor and citizens of London were given authority in 1642 to fortify all highways leading to the city and levy a tax on inhabitants for this purpose. When London was deprived of coal during the war, trees and flowers again flourished there.

Officers and seamen in navy ships were authorized in 1642 to take one-third of all prize goods captured, the other two-thirds going to the state.

Parliament approved certain persons to set forth ships at their own expense to defend the realm in 1643. They were allowed to keep any ships, goods, ammunition, or moneys they seized.

Saltpeter men were appointed by Parliament in 1643 and later times to search and dig for saltpeter in pigeon houses, stables, and outhouses, but not dwelling, shops, or milkhouses. They had to repair any damage done to the contentment of the owners.

Complaints were made to Parliament that there were scandalous and ill-affected fomenters of the civil war and disobeyers of the ordinaries of Parliament and deserters of their ordinary places of residence. These complaints were made by members of the University of Cambridge, students, clergy in surrounding counties, and schoolmasters. So a committee was established in 1643 to investigate and sequester their lands and goods, excepting one- fifth of the estate for the wife and children.

When Charles was captured in 1646, the episcopacy of the bishops was abolished. When Parliament was about to reinstate Charles as king with weakened powers and establish a Presbyterian state church, the soldiers, who were religious Independents and who still had not been fully paid (the infantry pay was 18 weeks in arrears and the cavalry 43 weeks) despite plans to disband them, spontaneously took the King by force. They demanded liberty of conscience to practice their own religion and their pay. Cromwell sided with the army and then became leader of the House of Commons. Charles dissembled in his negotiations with the army generals. He felt freed from his promises as soon as the pressure was removed. The army could not forgive Charles' duplicity and deceitfulness and insisted upon his death as the only way to bring peace. Cromwell gave up hope on negotiations with Charles when he intercepted a letter by Charles to his Queen decreeing the final doom of the army adherents in favor of the Scottish Presbyterians. During protracted negotiations over months between the army and Parliament over a new constitution, a renewed support for the King, which was inspired by him, necessitated a second civil war to put down this revolt and subdue its Scot supporters. Eventually the army took control of Parliament by force, only allowing the few members who agreed with them on the trial of the King into Parliamentary meetings. So Charles was tried in 1649, found guilty of "an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people ... which by the fundamental constitutions of this kingdom were reserved on the peoples' behalf in the right and power of frequent and successive parliaments or national meetings in council", and maintaining a war against his subjects, which amounted to treason. To prevent his adherents from trying to reinstate him, he was condemned to death and beheaded in January 1649.

Parishes had to give maintenance to maimed soldiers and provision for the livelihood to the wives and children of killed soldiers. Masters of apprentices who became soldiers had to take them back as apprentices without loss for their absence in defense of the Commonwealth. Masters who received considerable loss by the absence of their apprentices received reasonable satisfaction from the public stock.

To pay for the civil war, an assessment tax on the yearly value of rents, annuities, and offices was often levied. The main burden of this tax fell on the gentry rather than the merchants and smaller men of property, as previous taxes had. An excise tax, a tax on consumption, was begun on ale and beer and then extended to meat, salt, starch, soap, and paper. It was gradually extended to many goods. The excise taxes were paid, as was the customs tax, by manufacturers on goods made in England and by foreign manufacturers on goods at the ports.

From 1640-60, Royalists were purged from Oxford and a group of Baconians moved into the university behind Parliamentary armies. At the two universities, books were no longer chained to the bookcases. The universities were freed from taxation.

After the civil wars, Cromwell led the country. He was a military, political, and religious leader. He had become a Puritan zealot after a youth of gambling, drinking, debauchery, and rioting. He believed that military success was a reflection of divine favor and he regarded himself as one the few elect preordained for salvation. Those in power in the new Commonwealth tended to explain their regime in terms of popular consent, and the takeover from Charles I as due to his breaking of a contract with the people.