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 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. It 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.

In 1607, the Muscovy Company, hired Henry Hudson to find a

northwest passage through North America to the Pacific Ocean.

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.

- 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 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 houses.

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 a common rogue or vagabond subject

to imprisonment and punishment.

Sheriffs summoning defendants without a writ shall pay 200s. and

damages to the defendant, and 400s. to the King.

Persons stealing crops from lands or fruit from trees shall be

whipped.

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.

Every person shall receive the holy communion in church at least

once a year or 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.

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. 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 forfeit 40s.

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.

Spawning and growing fish in harbors may not be taken by any nets

or weirs because this practice has hurt fishermen and the realm.

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.

Actors profaning God, Jesus, or the Holy Ghost on stage are to be

penalized 200s.

No one shall sell beer or ale to an unlicensed alehousekeeper

because abuses there have become intolerable.

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.

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.

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.

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.

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.

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.

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.

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.

Mothers concealing the death of a bastard baby shall suffer as for

murder, unless one witness proves the child was born dead.

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.

In 1604 it was decided that it was not necessary to prove

witchcraft caused the death of a person for there to be punishment

for it. 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.

As Attorney General, 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 systemized 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 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 as 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."

- Judicial Procedure -

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.

James I asserted an authority to determine the jurisdiction

between the various courts.

The Court of High Commission heard mostly matrimonial cases, but

also moral offences both of clergy and laity, and simony,

plurality, drunkenness, and other clerical irregularities.

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. 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 are 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, tenant by elegit statute

merchant and staple of lands or tenements.

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 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.

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".

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 44 / 66 段