The Baronial Context of the English Civil War

Abstract

WHEN rebellion broke out in England in 1642, the political nation had been, for over a decade, obsessed with medieval precedent and its gothic past. Practices and institutions which had seemed defunct revived, during the 1630s, into new and sometimes controversial life. Trial by combat was reintroduced in appeal of treason in 1631, and confirmed by the judges in 1637 as a legitimate legal procedure even in disputes of property; in 1636 a bishop was appointed to the Lord Treasurership for the first time since the reign of Edward IV; in 1639 England went to war without the summons of a Parliament for the first time since 1323; and the following year the Great Council of Peers met, for the first time since the reign of Henry VIII, to deal with a revolt of the Scottish nobility. At Court, the king was encouraging a gentleman of his Privy Chamber, Sir Francis Biondi, in his labours on a massive survey of the baronial struggles in England from Richard II to Henry VII—a work which, when it appeared in 1641 asThe Civill Warres of England, was shortly to be endowed with a profoundly ironic topicality.