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.