The Goldsmiths loaned money to the king and to private persons and

to the Exchequer. Receipts from Goldsmiths for storage in strong

boxes had become a de facto paper currency. But when the

Goldsmiths had no more money to lend, the Bank of England was

founded in 1694 under whig auspices to provide money for war. It

was the first institution to issue notes in excess of its total

deposits. However, it was not allowed to lend money to the Crown

without the consent of Parliament. It was incorporated as the

first English joint-stock bank and had about 1,300 shareholders.

These original subscribers were individuals from London from many

walks of life, including well-to-do tradesmen and about 12% of

whom were women: wives, widows, or spinsters. Not many

corporations were original subscribers. Holders of at least 500

pounds could vote, of 2000 pounds could be directors, and of 4000

pounds could be Governor. The Bank issued notes payable to bearer

and discounted bills, but these were not legal tender. It lent at

8% to the Crown and occasionally to corporations. Money was also

borrowed by offering annuities on single lives. This was the first

time the government borrowed directly from the public on a long-

term basis.

In 1695 there was inflation due to over issue by the Bank because

of inexperience, pressure from government, and the Bank's greed

for business. After a dividend of 5% in 1695, the next year there

was no dividend and so the bank stock price fell. In 1696, five

pound and ten pound short term bonds were sold to the public. Also

in that year was the first run on the bank. This occurred two days

after clipped money lost currency; people wanted the new recoined

money, but the Mint had not supplied the Bank with sufficient

supplies. Interest instead of cash was given for notes. Cash was

short for months. The Bank's credit was much shaken. It was then

given a monopoly so that its notes would not have competition.

Thereafter, its dividends were good - about 12% per year. Because

of its monopoly, its dividends were about 3% above the current

going rate of interest. About this time, Exchequer Bills, with

interest, were started by the Exchequer and circulated by the Bank

of England. They were frequently endorsed many times by successive

holders.

The Bank simply took over from the goldsmiths its main everyday

business of deposit; running cash note [cashier's note, specie

note, cash note], which was payable on demand and normally did not

bear interest; and drawn note [precursor to the check, but not on

special paper]. The Bank gradually convinced many of its clients

to use its "check" [cheque] paper when drawing. The check paper

was unique to the Bank and embellished with distinctive scroll

work to serve as an obstacle to fraud. Over time the running cash

note tended to be for round sums of at least twenty pounds and

multiples of five pounds. The Bank of England had a monopoly on

issuing notes in the London area. Country banks arose and issued

bearer notes payable on demand and interest-bearing notes in their

areas. The Bank of England gave to its depositors the service of

paying annually to a designee without further order.

A decision of the common law courts held that bills of exchange

(written orders to pay a given a sum on a given date) were

transferable to other people by successive endorsements. So long

distance payments no longer had to be made in coin, with all the

dangers of highway robbery.

The financial revolution of the 1690s meant that the merchant

elite could invest in government bonds or company bonds at 5-6%,

or London leases at 10%, as opposed to income from landed estates,

which was under 3%. Shareholders were no longer personally liable

for company losses. Interest on loans was no longer considered

sinful as long as it was not oppressive. The greater ability to

borrow spurred the growth of capitalism.

All brokers and stock jobbers in London and Westminster of bank

stock, bank bills, shares and interests in joint stock must be

licensed by the mayor, which shall necessitate their taking an

oath to exercise their office without fraud or collusion to the

best of his skill and knowledge as of 1697. This is to avoid the

collusion of fixing values to their own advantage.

The science of statistics made life insurance possible. But it was

administered by ad hoc offices rather than companies and was not

reliable in making payments.

Charles instituted a hearth tax of 2s. per year in 1662, with

constables and offiers authorized to verify the number of hearths

and stoves in houses. It was repealed in 1688 because it could not

be enforced except by exposing every man's house to be entered and

searched at pleasure by persons unknown to the people, which was

oppressive and a badge of slavery.

By bribes, Charles built up a body of support in Parliament which

could be relied upon for a majority. They came to be called

"tories" by their opponents. "Tory" had been a term of abuse for

Irish Catholic bandits. The tory and whig groups were known by

their disagreement over the authoritarianism of the Crown. The

tories were sympathetic to the doctrine of divine right and

favored a doctrinally high church. The tories represented landed

property and the established church, and usually wore blue in

contrast to the purple of royalty. Many royalists became tories.

The whigs refused to accept the sacrosanct character of the

monarchy. The whigs opined that government depended upon consent

of the people and that the people had a right of resistance. They

subordinated the Crown to Parliament. The whigs represented the

dissenters and the mercantile classes, and often wore red. Many

former Puritans became whigs. "Whig" had been a term of abuse for

Scots Presbyterian rebels and horse thieves. The gout and venereal

disease were common among political leaders. A primitive condom

just introduced to the aristocracy from France helped deter

syphillus; It was uncomfortable and unreliable.

Under Charles II, the Treasury as a supreme financial body

separated from the Exchequer as a depository of revenue. A gold

guinea coin was issued. From 1690, government policy was

controlled by specific appropriations. Money bills had to

originate in the Commons, and could not be amended by the House of

Lords.

Boards became independent of the king's Privy Council and

answerable to the secretary of state.

In the 1680s, Charles compelled some of the livery companies in

London to give up their charters to him and he called in many

corporation charters of boroughs whenever some light excuse could

be found to justify it. This was done by the use of the writ of

quo warranto before a court. In London he had the tory mayor

revive an ancient custom of selecting a sheriff by drinking to him

at the annual feast. Two tory sheriffs were installed into office.

All these actions gave the king a voice in selection of the

officers of London and boroughs, since Royal commissioners would

then determine who the officers would be. This was to assure

London's representation in Parliament by Crown loyalists as London

had been whig. It also allowed influenced selection of sympathetic

jurors.

Criminal seditious libel was brought into the common law courts in

1664, when Benjamin Keach was tried for writing a book containing

contradictions of the doctrine of the established church. He wrote

against infant baptism and asserted that laymen might preach the

gospel. The justice intimidated the jury to find him guilty. He

was sentenced to be fined, to spend two hours in the pillory in

two successive weeks, and his book to be burned before his face.

He was to be imprisoned until he found sureties for his good

behavior and renunciation of his doctrine and for his future

appearance in court. Juries were loath to find anyone guilty of

seditious libel.

James II succeeded Charles II to the throne and fostered Roman

Catholicism by appointments and by attempting to suspend laws

unfavorable to Catholics. He commanded all bishops to read in the

churches his Declaration of Indulgence exempting both Catholic and

Protestant dissenters from all penal statutes based on religion.

Seven bishops refused to obey and jointly petitioned him, stating

that his action was illegal according to Parliament. He prosecuted

them for seditious libel in the petition. The jury found them not

guilty. James discharged the two justices of the five who had

rejected the seditious libel doctrine which had been created by

the Star Chamber Court. This roused the whigs and tories in turn

to discharge him by joining in inviting protestants William of

Orange and Mary to take the throne in his place. James was

effectively chased out of England by William's advancing army in

the Glorious Revolution of 1688-9, which took away the powers of

final authority from the king, but without transferring them to

any other body. A "Bill of Rights" stated that

1. The king may not suspend laws or dispense with them

without consent of Parliament.

2. The establishment of a Court of Commissioners and like

bodies for ecclesiastical causes is illegal.

3. The king may not levy money or extend an authorized levy

without consent of Parliament.

4. Subjects have a right to petition the king without

prosecution.

5. The king may not raise or keep a standing army within the

country in time of peace without the consent of Parliament.

6. Protestants may have arms for their defense as allowed by

law.

7. The elections of members of Parliament should be free.

8. The freedom of speech or debates or proceedings in

Parliament should not be impeached or questioned in any

court or place outside of Parliament.

9. Excessive bail should not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted

(so no more men were whipped to death)

10. Jury selection should not be tampered with, and jurors

who try men for high treason should be freeholders.

11. All grants and promises of fines and forfeiture of

particular persons, before conviction, are illegal and void.

12. Parliament should be held frequently for redress of

grievances and for the amending, strengthening, and

preserving of the laws.

13. All Protestants may freely exercise their religion and

the king will maintain the Protestant religion and the law

and liberty of the realm.

The right of the peoples' representatives to select and depose the

king and to change the order of succession was established. There

was no divine right or hereditary right to the Crown. An English

monarch was created by an act of Parliament. The king still called

and dissolved Parliaments, except that Parliament continued for

six months after the death of a king. From 1689, Parliament sat

every year. Freedom of speech for members of Parliament was

established by a resolution overturning a King's Bench felony

conviction of Sir John Elliot.

By the act of settlement of 1701, no officer or pensioner of the

king could be a member of Parliament. All resolutions by the Privy

Council had to be signed by the members consenting to them. No one

born outside the realm could be a member of the Privy Council or

of Parliament, or could have any civil or military office or place

of trust, or any grants of land or tenements from the king.

Justices served during good behavior instead of at the pleasure of

the king.

After the Glorious Revolution, Tories tended to accept of the Whig

principles of limited constitutional monarchy instead of rule by

divine right.

Under William and Mary, the ministers were first chosen by them

but could be impeached by the Commons and then removed by the

Parliament. The Commons removed anyone who disagreed with them as

soon as he made a mistake. But the king could pardon anyone

convicted by Parliamentary bill of attainder. This was

inconsistent, so no one was allowed to plead pardon by the king in

an impeachment by the Commons. Thus Parliament gained control of

who would be ministers.

The Glorious Revolution favored the capitalists and the commercial

magnates even though it had been started by the landed families,

with whom they now intermarried. There were companies in the

fishing, silk, baize [a coarse wool], sugar, rope, paper, iron,

hardware, gunpowder, saw milling, and pottery trades. The largest

pottery workshops employed about six men. One man shaped the pots,

another made the handles and put them on, while the others did the

decoration, the glazing, and the firing. New companies could be

formed without royal or Parliamentary consent. There were no more

commercial monopolies. Regulated companies declined. The Merchant

Adventurers lost their last monopoly privileges; their entrance

fees were abolished. Their method of limiting the volume of their

exports of English cloth to Germany to keep up prices was

obsolete. Now they tried to capture the market by selling cheap.

There were more joint-stock companies and on a larger scale. They

also no longer restricted output to keep prices high, but geared

to export many inexpensive goods. The Stock Exchange was

incorporated about 1694.

The domestic or "putting out" system came into use. In this

system, the worker usually owned his own machinery and the

capitalist owned the material, which he put out to the worker at

home. The merchant manufacturer bought raw wool and had it carded,

spun, woven, fulled, and dressed at his own expense. Some farmers

became spinners in the winter when outside work was impossible.

The manufacture of nails was also done by this system.

Accordingly, the guilds and municipal corporations in towns ceased

to control the recruiting, conditions of work, and pay of

industries. New industries for the manufacture of silk, paper, and

cutlery were organized on capitalist lines rather than being

subject to guilds. That is, production was controlled by men with

money and the means of manufacture. Only a quarter of 200 towns

had any organized guilds at all. Growing Birmingham was not a

chartered borough, so never was encumbered with guild regulations.

The guild and apprentice regulations were effectively enforced

only in agriculture. Artisans became known as tradesmen. Work was

usually irregular, some seasonal. In bad years, when a worker had

to borrow money, he used work tools, such as his loom, as

security. In this way, work tools often became the property of a

merchant. Some merchant clothiers also owned a fulling mill and a

shop where it was sold. The capitalists first became owners of the

materials, then of the implements, and then of the work places.

But production was still confined to the known wants of its

habitual market. Men used to working at home were generally not

inclined to go to work in a factory. So there was an assortment of

unskilled factory labor, such as country people driven from their

villages by the growth of large estates, disbanded soldiers, and

paupers. They had to be taught, trained, and above all

disciplined.

In 1670, Vauxhall glass works were opened with workmen brought

from Venice to blow their fine glass and make mirrors.

The capitalist organization of the mining, glass manufacture,

salt, soap, wire and other monopolized industries was made

possible only by government support.

From the mid-1500s to 1700, coal production increased fourteen

times. Sir Ambrose Crowley, an iron maker with coal works,

established disability and medical benefits and pensions for his

workers.

Smiths used trip hammers powered by water mills which turned an

axle with cams on it. They made iron gates, fences, balconies, and

staircases with hammer, anvil, and chisel. Cast iron was made by

running liquefied metal into molds. This was harder but more

brittle than the tough but malleable wrought iron. Tinkers went

from house to house to repair metal items such as pots and pans.

Salt and glass manufacture expanded. Glass drinking vessels were

in common use. Mirrors of blown plate glass were manufactured in

England. Some plate glass by casting was imported. Plate glass was

a large and strong glass piece, which was formed by the liquid

glass being poured on a table. This glass was not distorted, so

mirrors could be made perfectly reflective. Then plate glass for

coaches, mirrors, and windows became manufactured in England; this

new industry was organized on capitalist lines.

The East India Company had about half the trade of the nation. Its

shares were frequently bought and sold. It responded to anger over

its semi-monopoly status by granting liberty to all English

subjects below the age of forty to live in its Indian settlements

and to trade practically everywhere. Bombay, India became subject

to the East India Company. Charters gave the East India Company

the right to coin money, to exercise jurisdiction over English

subjects, to levy taxes, to build and command fortresses, to

command English and Indian troops, to make peace and war, and to

enter into alliances with Indian rulers. The Company always paid

high dividends and the market price of its shares generally rose.

100 pound stock was worth 130 pounds in 1669, 245 pounds in 1677,

280 pounds in 1681, 360 and even up to 500 pounds in 1683, and 190

pounds in 1692. In 1693 a new charter for the Company included

loss of monopoly status by resolution of the Commons. With this

resolution, Parliament assumed the right of regulating commerce,

now no longer the king's province. Thereafter the Commons

regulated trade with India and determined who could participate in

trade there. Political issues developed, which initiated

corruption at elections by entertainment and bribes to candidates,

which was later proscribed. The trade opened up to many more

traders and investors. Ordinary investors came to include women

and Quakers.

When there was a surplus of grain, it was exported. About 1696,

the king set up a board of trade of eight paid members and great

officers of state, who nominally belonged to it, and a staff. This

was to achieve a favorable balance of trade. For instance, it

imposed tariffs to protect internal markets and put restraints on

imports of goods producible in the country, e.g. live cattle,

dairy products, and woolen goods. It also restricted the export of

raw wool. England led the way in protectionist measures.

Exports included grain, silk, metal wares, foodstuffs, lead, and

tin. Cloth and manufactures were exported to America. Dyeing and

dressing of cloth became the norm and undressed cloth exports fell

sharply. Imports included linen, flax, hemp, timber, iron, silk

(raw, thrown, and woven), wine, brandy, fruit, coffee, chocolate,

cauliflower, and oil. From America came molasses, sugar, tobacco,

and dyes. The East India Company imported calico, silk, pepper,

spices, China tea, potions, and saltpeter. Tonnage of English

shipping doubled by 1688. Exports and imports increased 50% by

1700.

Parliament required an oath of allegiance to the new sovereigns

William and Mary from all those in public functions, including the

clergy. By extending this rule to the clergy, Parliament asserted

a supremacy of Parliament over the church. It also asserted a

supremacy over the king by requiring all monarchs to take a

coronation oath promising to govern according to the statutes,

laws, and customs of Parliament, to make judgments with law and

justice in mercy, and to maintain the Protestant religion

established by law.

Drinking of gin, which had first been made by a Flemish physician,

became popular under King William, who was Dutch. The year of his

accession, the gin monopoly ended.

England competed with other nations for land in the New World.

Carolina, named for Charles II, was colonized for commerce in

1663. The Episcopal Church, an analogue of the Church of England,

was established there by law. The whole coast became English after

war with the Netherlands gave New York, named for Charles II's

brother the Duke of York, and New Jersey to England in 1667.

Presbyterians and Baptists fled from religious tests and

persecutions in England to colonize New Jersey. For free passage

to the English colonies, people became indentured servants,

agreeing to serve the master of the ship or his assigns with a

certain kind of labor for a term of a few years according to a

written contract made before departure. Also, various statutes

made transportation to any part of America to the use of any

person who will pay for his transportation, for a term of years,

usually seven, a new possible penalty for offenses. In 1636,

Harvard College was founded in New England to advance literature,

arts, and sciences, as well as to train ministers.

In 1682, Quaker William Penn, son of an Admiral, founded the

colony of Pennsylvania for Quakers in a "Holy Experiment" in

political and religious freedom. The king had granted proprietary

rights to this land to him to discharge a Crown debt to his

father. When Penn refused to take off his hat before King Charles

and asked why Charles took off his own, Charles, unruffled,

replied that "It's the custom of this place that only one man

should remain uncovered at a time". The Pennsylvania Charter of

1701 went beyond Magna Carta and England's law in guaranteeing

right to counsel and giving a right to defendants to summon

witnesses in all criminal cases. It gave Penn absolute authority

and he established liberty of conscience (freedom of religion) and

freedom from arbitrary arrest. In 1751, some Quakers founded a

small hospital in Pennsylvania as an asylum for the insane, where

they would be treated humanely.

Proprietary colonies, in which an individual or syndicate held

under the crown a sort of feudal overlordship, were founded in

America: namely, Virginia, Maryland, Carolina, New York and New

Jersey in 1663, and Pennsylvania and Delaware in 1682. New

Hampshire was made a royal province in 1680 to cut off the

expansion of Massachusetts, which had been avoiding the trade

laws. These colonies were distinguished from the corporate

colonies of Massachusetts, Plymouth, Connecticut, and Rhode

Island, which made their own arrangements for internal government

without a royal executive. Charles persuaded the Chancery Court to

declare the charter of Massachusetts void; it was given a new

charter in 1691 which made it a royal province. New York was made

a royal province in 1691. Maryland's proprietor gave way to a

royal governor in 1692. Soon all colonies except Rhode Island,

Connecticut, Pennsylvania were royal provinces, with governors

nominated by the Crown. This bringing of union to the colonies was

done for maintenance of order, to coordinate defense, and to

enforce trade laws.

In 1670, the Hudson's Bay Company was incorporated to engage in

fur trade with Indian trappers in the Hudson Bay and to find a

northwest passage to China.

In 1701 the founding of the "Society for the Propagation of the

Gospel in Foreign Parts" by the Church of England created many

missionaries in the colonies, where they called their churches

"Episcopalian".

Increase Mather and his son Cotton Mather were Puritan ministers

in Boston. Increase was for a time the President of Harvard

College and participated in obtaining the new charter of

Massachusetts of 1691. He and his son tried to maintain the

principles of the Puritan founders of Massachusetts, which

included the theories of diabolical possession and witchcraft. But

the thought of Presbyterians, Anglicans, and Baptists became

influential also. In 1692 in the small town of Salem,

Massachusetts, some hysterical girls showing strange spasms and

sounds charged they had been bewitched by certain other residents.

Victims were deluded, flogged, or tortured into forced confessions

and then excommunicated from the church. They were then hanged and

their property confiscated. One man endured being pressed to death

for refusal to plead so that his property would be inherited by

his family rather than confiscated. Eventually, some prominent

citizens including judges were accused. Then the more thoughtful

people began to doubt the whole phenomenon and admitted error. The

excommunications were revoked. Cotton Mather came to accept

Newton's science and advocated inoculation. He encouraged

Puritanism into a simpler piety and charity. This influenced

American Protestantism toward a generalized concern with good

works, morality, and social leadership.

- The Law -

Any sale of land or lease or estate of freehold or copyhold shall

be in writing and signed. An interest in land given orally shall

have only the force of estates at will. All contracts for sale of

goods or merchandise for the price of at least 10 pounds shall be

in writing and signed by the parties or shall be accompanied by

part payment or partial acceptance of the goods. This is to deter

fraud. This statute caused many small freeholders, including

yeomen, who paid rent by custom to be dispossessed.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 52 / 66 段