No waterman carrying passengers or goods for hire e.g. by

wherryboat, tiltboat, or rowbarge, on the Thames River may take an

apprentice unless he is a housekeeper or has some known place of

abode where he may keep such apprentice or forfeit ten pounds, and

if he can't pay, do hard labor at the House of Correction for 14-

30 days. Also he may not keep the apprentice bound to him. No

apprentice may be entrusted with a vessel until he is 16 if a

waterman's son and 17 if is he the son of a landman, and he has

had at least two years' experience. None but freemen (i.e. one

having served an apprenticeship of seven years) may row or work

any vessel for hire or be subject to the same punishment. This is

to avoid the mischiefs which happen by entrusting apprentices too

weak, unable, and unskillful in the work, with the care of goods

and lives of passengers. Later amendment required that apprentices

be age 14 to 20 and that there be no more than 40 passengers, with

the penalty of transportation if there were over 40 and one

drowned.

No boat on the Thames River may be used for selling liquors,

tobacco, fruit, or gingerbread to seamen and laborers because such

has led to theft of ropes, cables, goods, and stores from the

ships. Excepted are boats registered at the guilds of Trinity and

of St. Clement, but they must show their owner's name and can only

operate in daylight hours. The penalty is forfeiture of the boat.

All ships coming from places infected with the plague shall be

quarantined and any person leaving a quarantined ship shall return

and later forfeit 20 pounds, of which 1/3 may go to the informer,

the rest to the poor. This was later raised to 200 pounds and six

months in prison, and if the person escaped, he was to suffer

death. Also later, a master of a ship coming from infected places

or having infected people on board was guilty of felony and to

forfeit 200 pounds. If he did not take his vessel to the

quarantine area on notice, he was to forfeit a further 200 pounds

(later 500 pounds) and the ship, which could then be burned. The

king was authorized to prohibit commerce for one year with any

country infected by the plague and to forbid any persons of the

realm from going to an infected place.

By 1714, there was a clear distinction between a king's private

income and the Crown's public revenue. From 1714, the king's

Treasurer as a matter of routine submitted annual budgets to

Parliament. He was usually also the leader of the House of Commons

and the Chancellor of the Exchequer.

Proclamations by the Crown were more restricted to colonial and

foreign affairs, to executive orders, and to instructions to

officials. The high offices included the Chancellor, Keeper,

President of the Council, Privy Seal, Treasurer, and two

Secretaries of State, who were in charge of all foreign and

domestic matters other than taxation, one for the north and one

for the south. (Wolsey had been the last chancellor to rule

England; thereafter the Chancellor had become more of a judge and

less of a statesman.) Other offices were: Paymaster General,

Secretary of War, and Treasurer of the Navy. Starting with the

monarch, government positions were given by patronage to friends

and relatives, or if none, to the highest bidder. These offices

were usually milked for fees and employed deputies, clerks, and

scribes who worked for long hours at very modest wages. Most

people believed that the offices of power and influence in the

realm belonged to the nobility and gentry as indubitably as the

throne belonged to the king. Assaulting, wounding, striking, or

trying to kill a member of the Privy Council engaged in his duties

was punishable by death without benefit of clergy. Civil and

military commissions, patents, grants of any office or employment,

including Justice of Assize, Justice of the Peace, court writs,

court proceedings continued in force for six months after a king's

death, unless superceded in the meantime.

The king's ministers were those members of his Privy Council who

carried out the work of government. By distributing patronage, the

ministers acquired the influence to become leading members of the

House of Commons or the House of Lords. They made policy, secured

the king's consent, and then put through the necessary

legislation. The king was to act only through his ministers and

all public business was to be formally done in Privy Council with

all its decisions signed by its members. The king gradually lost

power. The last royal veto of a Parliamentary bill was in 1708. By

1714, the Privy Council ceased making decisions of policy. Instead

a cabinet not identified with any particular party was chosen by

the Queen, who presided over their meetings, which were held every

Sunday. It dealt with Parliament. In 1720, the number of peers in

the House of Lords was fixed, so that the Crown could create no

more. About 1720, Robert Walpole, son of a country squire, who

came to be first minister of the Crown and the leader of the

Whigs, organized the cabinet so that it was of one view. He led it

for twenty years and thus became the first prime minister. He was

brilliant at finance and lessened taxation. He restored trust in

the government after the South Sea bubble scandal. He was

successful in preserving the peace with other nations and

providing stability in England that led to prosperity. The Whigs

opposed a standing army and over-reaching influence of the Crown.

They espoused the liberty of individual subjects. Their slogan was

"liberty and property". They generally favored foreign wars.

Members of the Parliament felt responsible for the good of the

whole country instead of accounting to their electors, but self-

interest also played a part. Leading commercial magnates of the

realm sought to be members of Parliament or governors of the Bank

of England to be able to take up government loans at advantageous

rates, snap up contracts to supply government departments at

exorbitant prices, and play an important part in deciding what

duties should be charged on what goods. About 5% of the population

could vote. Voting was open, rather than by secret ballot. Seats

in Parliament could normally be bought either by coming to an

arrangement with some landowner who had the right to nominate to a

closed seat or by buying enough votes in constituencies where the

electorate was larger and the contest more open. Factory owners

and leading landowners sat together on committees drawing up plans

for public works such as canal building, obtained the necessary

permits from public authorities and organized the whole

enterprise. In 1714, Parliament was allowed to last for seven

years unless sooner dissolved by the king because of the expense

and tumult of elections, which frequently occasioned riots, and

sometimes battles in which men were killed and prisoners taken on

both sides. Politics had become a career. Members of Parliament

could not be arrested while Parliament was in session.

As of 1710, electees to the Commons had to have 600 pounds annual

income for knights or 300 pounds annually for burgesses. This did

not include the eldest son or heir apparent of any peer or lord of

Parliament or any person with the above qualifications. The

universities were exempted.

As of 1729, persons electing a member of the Commons must swear or

affirm that he has not received any money, office, employment, or

reward or promise of such for his vote. If he swears falsely, it

is perjury and he must forfeit 500 pounds and may never vote

again. Later, voters for member of Parliament had to have

residence for a year. Still later, voters were required to have

been freemen of the city or town for one year or forfeit 100

pounds, except if entitled to freedom by birth, marriage, or

servitude according to the custom of such city or town. Voters

still were required to have a freehold of land of 40s. a year

income, but holders of estates by copy of court roll were

specifically precluded or forfeit 50 pounds.

In 1724, since unauthorized persons have intruded into assemblies

of citizens of London and presumed to vote therein, the presiding

officer shall appoint clerks to take the poll and oath required

for elections for Parliament, mayor, sheriffs, chamberlains,

bridgemasters, and auditors of chamberlains. The oath is that one

is a freeman of London, a liveryman of a certain named company,

has been so for 12 months, and names his place of abode. The oath

for alderman or common council elections is that the voter is a

freeman of London and a householder in a named ward paying scot of

at least a total of 30s. and bearing lot. A list of the voters and

of persons disallowed is to be given to candidates by the

presiding officer.

Soldiers may not be quartered within 20 miles of a place of

election so that the election is kept free.

Voters in public corporations must have held their stock for six

months before voting them to discourage splitting stock and making

temporary conveyances thereof to give certain people more of a

vote, e.g. in declaring dividends and choosing directors.

Ambassadors were made immune from arrest, prosecution and

imprisonment to preserve their rights and privileges and

protection by the Queen and the law of nations.

The Supporters of the Bill of Rights Society was founded and paid

agents to give speeches throughout the country and used the press

for its goals.

James Burgh demanded universal suffrage in his 1773 book:

"Political Disquisitions".

In 1707 there was union with Scotland, in which their Parliaments

were combined into one. The country was known as Great Britain.

The last Scottish rebellion resulted in attainder of its leaders

for levying war against the king. In 1746, they were given the

chance to surrender by a certain date, and receive a pardon on

condition of transportation. In 1747, anyone impeached by the

Commons of high treason whereby there may be corruption of the

blood or for misprison of such treason may make his defense by up

to two counsel learned in the law, who shall be assigned for that

purpose on the application of the person impeached. In 1748,

counsel may interrogate witnesses in such cases where testimony of

witnesses are not reduced to writing.

There was a steady flow of emigrants to the American colonies,

including transported convicts and indentured servants. Delaware

became a colony in 1703. In 1729, the king bought Carolina from

its seven proprietors for 2,500 pounds apiece. Person having

estates, rights, titles, or interest there, except officers, were

allowed by Parliament to sue the king with the court establishing

the value to be paid, but no more than at a rate of 2,500 pounds

per 1/8 of property. Georgia was chartered in 1733 on request of

James Oglethorpe, who became its first governor, as a refuge for

debtors and the poor and needy. It established the Episcopal

Church by law. In 1730 Carolina and 1735 Georgia were allowed to

sell rice directly to certain lands instead of to England only.

Later, sugar was allowed to be carried directly from America to

European ports in English ships without first touching some

English port. Foreigners who had lived in the American colonies

for seven years, and later foreigners who served two years in the

royal army in America as a soldier or as an engineer, were allowed

to become citizens of Great Britain on taking oaths of loyalty and

Protestantism. This included Quakers and Jews. The Jews could omit

the phrase "upon the true faith of a Christian."

In 1756, indentured servants in America were allowed to volunteer

as soldiers in the British army serving in America. If his

proprietor objected, the servant was to be restored to him or

reasonable compensation given in proportion to the original

purchase price of his service and the time of his service

remaining.

There was much competition among countries for colonies. Quebec

and then Montreal in 1760 in Canada were captured from the French.

About 1768 James Cook discovered New Zealand and Australia; his

maps greatly helped future voyages. The English East India

Company took over India as its Mogul Empire broke up.

Manufacturing in the American colonies that would compete with

British industry was suppressed by Great Britain. There were

increasing duties on goods imported into the colonies and

restrictions on exports. In 1763, Parliament imposed duties on

foreign imports going to America via Britain: to wit, sugar,

indigo, coffee, certain wines, wrought silks, calicoes, and

cambrick linen. Foreign vessels at anchor or hovering on colonial

coasts and not departing within 48 hours were made liable to be

forfeited with their goods. Uncustomed goods into or prohibited

goods into or out of the colonies seized by customs officials on

the ship or on land and any boats and cattle used to transport

them occasioned a forfeiture of treble value, of which 1/3 went to

the king, 1/3 went to the colonial governor, and 1/3 went to the

suer. Any officer making a collusive seizure or other fraud was to

forfeit 500 pounds and his office. In 1765, there was imposed a

duty on papers in the colonies to defray expenses of their

defense. It was thought to be a fair tax because it fell on

colonies in proportion to their wealth. The items taxed were to

carry a stamp showing that the duty on them had been paid. The

duty on every skin, piece of vellum or parchment, and sheet of

paper used in any law court was 3d.- 2 pounds. There were also

duties on counselor or solicitor appointments of 10 pounds per

sheet. Duties extended to licenses for retailing spirituous

liquors and wines, bonds for payment of money, warrants for

surveying or setting out of any lands, grants and deeds of land,

appointments to certain civil public offices, indentures, leases,

conveyances, bills of sale, grants and certificates under public

seal, insurance policies, mortgages, passports, pamphlets,

newspapers (about 1s. per sheet), advertisements in papers (2s.

each), cards, and dice. The colonists saw this as a departure

from past duties because it was an "internal tax". All of the

original thirteen American colonies had adopted Magna Carta

principles directly or indirectly into their law. The stamp duties

seemed to the colonists to violate these principles of liberty.

Patrick Henry asserted that only Virginia could impose taxes in

Virginia. Schoolmaster and lawyer John Adams in Massachusetts

asserted that no freeman should be subject to any tax to which he

had not assented. In theory, colonists had the same rights as

Englishmen per their charters, but in fact, they were not

represented in Parliament and Englishmen in Parliament made the

laws which affected the colonists. They could not be members of

the House of Lords because they did not have property in England.

There were demonstrations and intimidation of stamp agents by the

Sons of Liberty. Merchants agreed to buy no more goods from

England. The stamp duty was repealed the same year it had been

enacted because it had been "attended with many inconveniences and

may be productive of consequences greatly detrimental to the

commercial interests of these kingdoms".

To counter the wide-scale running of goods to avoid the customs

tax, the customs office was reorganized in 1766 to have

commissions resident in the colonies and courts of admiralty

established there to expedite cases of smuggling. This angered the

colonists, especially Boston. Boston smuggling had become a common

and respectable business. It was the port of entry for molasses

from the West Indies from which New England rum was made and

exported. The entire molasses trade that was essential to the New

England economy had been built upon massive customs evasions;

royal customs officials had participated in this by taking token

customs for the sake of appearance on London and thereby had

become rich.

In 1766 Parliament imposed a duty of 3d. per pound weight on tea

and duties on reams of paper, glass, and lead into the colonies.

These import duties were presented as external rather than

internal taxes to counter the rationale the colonies gave against

the stamp tax. But these items were of common use and their duties

raised the cost of living. The king's customs officials were

authorized to enter any house, warehouse, shop, or cellar to

search for and seize prohibited or uncustomed goods by a general

writ of assistance.

These writs of assistance had been authorized before and had

angered Bostonians because they had been issued without probable

cause. In Paxton's case of 1761, the Massachusetts Superior Court

had declared legal the issuance of general writs of assistance to

customs officers to search any house for specific goods for which

customs had not been paid. The authority for this was based on the

Parliamentary statutes of 1660 and 1662 authorizing warrants to be

given to any person to enter, with the assistance of a public

official any house where contraband goods were suspected to be

concealed, to search for and seize those goods, using force if

necessary. They were called "writs of assistance" because the

bearer could command the assistance of a local public official in

making entry and seizure. A "general" writ of assistance differed

from a "special" writ of assistance in that the latter was issued

on a one-time basis. The general writ of assistance in Boston was

good for six months after the death of the issuing sovereign.

Authority relied on for such writs was a 1696 statute giving

customs officers in the colonies the same powers as those in

England, a 1699 act by the Massachusetts Provincial Legislature

giving the Superior Court of Massachusetts the same such power as

that of the Exchequer, and the Massachusetts' Governor's direction

about 1757 to the Massachusetts Superior Court of Judicature to

perform the function of issuing such warrants. The Massachusetts

court issued them in the nature of the writs of assistance issued

from the Exchequer court in England, but had issued them routinely

instead of requiring the showing of probable cause based on sworn

information that the Exchequer court required. Few judges in the

other American colonies granted the writ.

Seditious libel trials in England and the colonies were followed

closely and their defendants broadly supported. John Wilkes, a

member of the House of Commons, published a criticism of a new

minister in 1763. He called King George's speech on a treaty "the

most abandoned instance of ministerial effrontery ever attempted

to be imposed on mankind". After being found guilty of seditious

libel, he again ran for the House of Commons, and was repeatedly

elected and expelled. He was subsequently elected alderman,

sheriff, and mayor of London. In 1770, Alexander MacDougall was

voted guilty of seditious libel by the New York Colonial Assembly

for authoring a handbill which denounced a collusive agreement by

which the assembly voted to furnish supplies for the British

troops in New York in exchange for the royal governor's signature

to a paper-money bill. When he was arrested, the Sons of Liberty

rallied to his support, demanding freedom of the press. Benjamin

Franklin's brother had been imprisoned for a month by the

Massachusetts assembly for printing in his newspaper criticisms of

the assembly. He was forbidden to print the paper. Benjamin

supported him by publishing extracts from other papers, such as

"Without freedom of thought, there can be no such thing as wisdom;

and no such thing as public liberty without freedom of speech

Whoever would overthrow the liberty of a nation must begin by

subduing the freeness of speech; a thing terrible to public

traitors."

By statute of 1766, the New York house of representatives was

prohibited from meeting or voting until they provisioned the

King's troops as required by law.

In 1769, Harvard College seated its students in class in

alphabetical order instead of by social rank according to birth.

By 1769, the colonies' boycott of British goods in protest of the

new duties cause these imports to decline so much that British

merchants protested. So the duties were dropped, except for that

on tea, which was retained as a matter of principle to assert the

power of the crown to tax the colonies. Then in 1773 the East

India Company was allowed to sell tea directly to the colonies to

help it avoid bankruptcy. The effect of this was to lower the cost

of tea in the colonies because the English middleman, and the

American middleman, but also to give the East India Company a

monopoly. The colonies felt threatened by this power of Britain to

give monopolies to traders. When the tea ships arrived in Boston

in late 1773, Bostonians held a town meeting and decided not to

let the tea be landed. They threw this cargo of tea, worth about

18,000 pounds, overboard. This Boston Tea Party was a direct

challenge to British authority. In response, Parliament closed the

port of Boston until compensation was made to the East India

Company. By statute of 1774, no one may enter or exit the port of

Boston or forfeit goods, arms, stores, and boats carrying goods to

ships. Every involved wharf keeper shall forfeit treble the value

of the goods and any boats, horses, cattle, or carriages used.

Ships hovering nearby must depart within six hours of an order by

a navy ship or customs officer or be forfeited with all goods

aboard, except for ships carrying fuel or victuals brought

coastwise for necessary use and sustenance of inhabitants after

search by customs officers, and with a customs official and armed

men for his defense on board. This statute is passed because of

dangerous commotions and insurrections in Boston to the subversion

of the king's government and destruction of the public peace in

which valuable cargoes of tea were destroyed. Later, the Governor

was given the right to send colonists or magistrates charged with

murder or other capital offenses, such as might be alleged to

occur in the suppression of riots or enforcement of the revenue

laws, to England or another colony for trial when he opined that

an indifferent trial could not be had in Massachusetts Bay. A

later statute that year altered the charter of Massachusetts Bay

province so that the choice of its council was transferred from

the people to the Crown to serve at his pleasure, and the

appointment and removal of judges and appointment of sheriffs was

transferred to the Governor to be made without the consent of the

council. This was due to the open resistance to the execution of

the laws in Boston. Further, no meeting of freeholders or

inhabitants of townships may be held without consent of the

Governor after expressing the special business of such meeting

because there had been too many meetings passing dangerous and

unwarranted resolutions. Also, jurors were to be selected by

sheriffs rather than elected by freeholders and inhabitants.

The commander of the British troops in North America was made

Governor. King George thought that the colonists must be reduced

to absolute obedience, even if ruthless force was necessary. The

people of Massachusetts were incensed. They were all familiar with

the rights of Magna Carta since mandatory education taught them

all to read and write. (Every township of fifty households had to

appoint one to teach all children to read and write. Every one

hundred families had to set up a grammar school.) The example in

Massachusetts showed other colonies what England was prepared to

do to them. Also disliked was the policy of restricting settlement

west of the Allegheny mountains; the take over of Indian affairs

by royal appointees; the maintenance of a standing army of about

6,000 men which was to be quartered, supplied, and transported by

the colonists; and expanded restrictions on colonial paper

currencies.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 61 / 66 段