the port bill as a day of prayer and fasting, and for this was
dissolved by its governor. Whereupon its members called a
convention of delegates from the colonies to consider the "united
interests of America". This congress met and decided to actively
resist British policy. As opposition to British rule spread in the
colonies, a statute was passed that because of the combinations
and disorders in Massachusetts, New Hampshire, and Connecticut,
and Rhode Island to the destruction of commerce and violation of
laws, these inhabitants should not enjoy the same privileges and
benefits of trade as obedient subjects and therefore no goods or
wares may be brought from there to any other colony, and exports
to and imports from Great Britain were restricted, on pain of
forfeiting the goods and the ship on which they were laden. There
was also restriction of their vessels fishing off Newfoundland.
These conditions were to be in force until the Governors were
convinced that peace and obedience to laws was restored. Later in
1775, these trade restrictions were extended to New Jersey,
Pennsylvania, Maryland, Virginia, and South Carolina. In 1776,
because all the thirteen colonies had assembled an armed force and
attacked British forces, these trade restrictions were extended to
Delaware, New York, Georgia, and North Carolina and expanded to
prohibit all trade during the present rebellion to prevent
assistance to them. War had started; the new rifle was used
instead of the musket.
By statute of 1775, anyone harboring of army or marine deserters
in the colonies must forfeit 5 pounds, and persuading a soldier or
marine to desert drew a forfeiture of 40 pounds or else up to six
months in prison without bail and one hour in the pillory on
market day.
Bounties were made available to vessels from and fitted out in
Great Britain for Newfoundland fishing.
Any shipmaster carrying as passengers any fisherman, sailor, or
artificer to America shall forfeit 200 pounds because such men
have been seduced from British fishing vessels in Newfoundland, to
the detriment of the fishing industry.
The many years of significant achievements of the colonists, such
as taming the wilderness and building cities, had given them
confidence in their ability to govern themselves. The average
colonial family had a better standard of living than the average
family in England. Many of its top citizenry had reached their
positions by hard work applied to opportunities for upward
mobility. With the confidence of success, the American colonies in
1776 declared their independence from Britain, relying on the
principles stated by John Locke and Jean Jacques Rousseau that man
was naturally free and all men equal, and that society was only
created with their consent. Issac's Newtons's unified laws of the
universe had contributed to this idea of a natural law of rights
of men. Thomas Jefferson wrote a Declaration of Independence which
listed the colonies' grievances against the Crown which reiterated
many of the provisions of the Petition of Right and Bill of
Rights, specifically dispensing with and suspending laws,
maintaining a standing army and quartering troops without
legislative consent, imposing arbitrary taxation, encouraging
illegal prosecutions in strange courts, and corrupting the jury
process. It was adopted on July 4, 1776.
- The Law -
Trade and the economy boomed in time of war, buttressed by the
increased production in the coal, iron, steel, shipbuilding, and
cloth industries. But peace brought depression and much misery,
including the imprisonment of many debtors. When many were
imprisoned, statutes allowed release on certain conditions. After
assets were paid to creditors in proportion to the amounts owed to
them, debtors may be discharged from prison if they owe no party
more than 100 pounds (later no restriction and still later, 50
pounds, and even later, 500 pounds, and in 1772, 1000 pounds, and
in 1774, 2000 pounds) and take an oath that they have less than 10
(20 in 1772) pounds worth of property (including 40s. in money in
1774), because there are so many debtors in prison who were
impoverished by war losses and other misfortunes in trades and
professions and are totally disabled from paying their creditors
and they and their families either starve or are a burden to their
parishes and become an occasion of pestilence and other contagious
diseases. Excepted are those objected to by a creditor who pays
for the maintenance of the debtor in prison. Prisoners discharged
are also discharged from chamber rent and gaolers' fees, but not
from their debts to creditors. Except that no male prisoner may be
discharged during war unless he enlists in the royal army or navy
until the end of the war. In 1774, the discoverer of any asset not
listed by a debtor was to receive 20 pounds per hundred, and
anyone concealing an asset of a debtor was to forfeit 100 pounds
and double the value of the asset.
A person declared bankrupt shall subsequently be examined from
time to time as to their goods, money, or other effects or estate
to prevent the frauds frequently committed by bankrupts. A default
or willful omission shall be deemed felony without benefit of
clergy.
A bankrupt or other person concealing goods to the value of at
least 20 pounds or his books with intent to defraud is a felony
without benefit of clergy.
A debtor refusing to come to court for examination or hiding
assets of more than 20 pounds is guilty of felony and his goods
and estate shall be divided among his creditors.
Later, a bankrupt coming to an examination was allowed to keep 5
(or 7 1/2 or 10) pounds per 100, up to a maximum of 200 (or 250 or
300, respectively) pounds if he paid his creditors 10s. (or
12s.6d. or 15s. respectively) per pound. His future estate was
still liable to creditors (excepting tools of trade, necessary
household goods, bedding, furniture, and wearing apparel of the
family up to 10 pounds) if it could pay every creditor 15s. per
pound. If he didn't pay this, he could be imprisoned. Bankrupts
excepted from the benefits of this act are those who lost 5 pounds
in any one day or 100 pounds in the preceding year from gambling
or wagers.
No goods or chattels on lands or tenements which are leased for
life or lives or term of years or at will or otherwise "shall be
liable to be taken by virtue of any Execution on any pretence
whatsoever unless the party at whose suit the said Execution is
sued out shall before the removal of such goods from off the said
premises by virtue of such Execution or Extent pay to the
landlord" all money due as rent. If the lessee fraudulently or
clandestinely conveys or carries off his goods or chattels with
intent to deprive the landlord or lessor from distraining the same
for arrears of such rent, the lessor or landlord may, within five
days, seize such goods and chattels as a distress for the arrears
of rent and may sell them as if actually distrained on the
premises.
Every person under 21 and every woman-covert who is entitled by
descent or will to be admitted tenants of any copyhold lands or
hereditaments may be ordered to appear by a guardian or attorney
to be compelled to be so admitted and to pay such fines as are
owing by the lands. If one is so admitted, but does not pay, the
lord may enter the lands and receive its rents (but not sell
timber) until the fine and costs are satisfied, after which the
land is to be given back and may not be forfeited to the lord.
Tenants holding over any lands after their term expired and after
demand for possession was made shall pay double the yearly value
of such to the landlord. The landlord may reenter and eject a
tenant if rent is in arrears for 1/2 year.
Landlords may distrain within 30 days and sell goods and chattels
fraudulently or clandestinely carried off the premises by renters
in arrears of rent. This applies to goods sold to others privy to
the fraud. They may use force if necessary to break open houses
upon giving a Justice of the Peace reasonable grounds to suspect
and to break open other buildings in the presence of a constable.
The renter is to forfeit double the value of such. The landlord
may distrain the renter's cattle on any common or any growing
grain, roots, or fruit. Attornments of renters made to strangers
who claim title and turn the landlord out of possession are void.
Chief leases may be renewed without surrendering all the under
leases. This is to prevent subtenants from delaying the renewal of
the principal lease by refusing to surrender their leases,
notwithstanding that they have covenanted to do so. But the rents
and duties of the new subleases may not exceed those of their
former leases.
Any person claiming a remainder, reversion, or expectancy in any
estate after the death of any person who has cause to believe that
that person is dead and the death is being concealed by the
person's guardian, trustee, husband, or other person may yearly
request an order in chancery for the production of such tenant for
life. Upon refusal, the tenant for life shall be deemed dead.
As of 1752, all devices, legacies, and bequests made by will in
Great Britain or the colonies is void if not in writing and
witnessed by three witnesses. No witness may receive under the
will.
An accessory before or after the fact of felony may be prosecuted
and tried not only if the principal accused felon has been
convicted, but even if he stood mute or peremptorily challenged
over 20 persons to serve on the jury. The accessories shall be
punished the same as if the principal had been attainted. Buyers
and receivers of stolen goods may be prosecuted and punished if
they knew the goods to be stolen, even if the principal felon has
not been convicted. The punishment will be as for misdemeanor by
fine and imprisonment. This is to deter the counselors and
contrivers of theft and other felonies and the receivers of stolen
goods from taking advantage of the former rule that an accessory
could not be convicted or punished unless the principal had first
been attainted. And if any captain or mariner or other officer
belonging to any ship willfully casts away, burns, or otherwise
destroys that ship to the prejudice of its owners or merchants
loading goods onto the ship, he shall suffer death as a felon.
Journeymen shoemakers or employees of such who sell or pawn boots,
shoes, slippers, cut leather or other materials for making such
goods which are not his proper goods, or exchange for worse good
leather which has been entrusted to them, shall for the first
offense, recompense the injured person, or if his goods are
insufficient for distress, may be whipped. For the second offense,
he shall be sent to hard labor in a House of Correction for 14-30
days. A person who buys or receives or takes in pawn such goods
shall suffer the same penalties. Justices of the Peace may issue
warrants to search houses and buildings in the daytime if there is
"just cause to suspect" such goods therein based upon information
given to him under oath.
Anyone employed in the working up of woolen, linen, fustian,
cotton, or iron manufacture who embezzles or purloins any
materials for their work shall forfeit double the value of the
damages done and anyone convicted thereof may be put into the
House of Correction until he pays, or if he can't pay, to be
publicly whipped and kept at hard labor for no more than 14 days.
Persons convicted of buying or receiving such materials shall
suffer like penalties and forfeitures as one convicted of
embezzling or purloining such materials. Laborers employed in such
manufacture must be paid in coin and not in cloth, victuals, or
commodities in lieu thereof. Leatherworkers were added with a
penalty of up to double the value. Later this statute was amended
to include a penalty for the second offense of forfeiture of four
times the value, or else hard labor at a House of Correction for
1-3 months and whipping once or more in the market town. Like
penalties were given for buyers of such material knowing it to be
false. One who neglected finishing and delivering such goods
because he was leaving this employment were to be sent to the
House of Correction for up to one month.
The penalty for possessing or offering to sell any hare, pheasant,
partridge, moor or heath game or grouse by any carrier, innkeeper,
victualler, or alehouse keeper is 5 pounds, 1/2 to the informer,
and 1/2 to the poor of the parish. If unable to pay, the offender
shall be placed in the House of Correction for three months
without bail. Unauthorized persons keeping or using greyhounds,
setting dogs, or any engine to kill game shall suffer the same
penalties. In 1770, anyone killing hare at night or using any gun,
dog, or other engine to take or kill or destroy any hare,
pleasant, partridge, moor game, heath game, or grouse in the night
shall go to gaol or the House of Correction for 3-6 months without
bail and whipped for the first offense and for 6-12 months without
bail and whipped for any further offense. If such occurs on a
Sunday, the offender must forfeit 20-30 pounds or go to gaol for
3-6 months. In 1773, no one may kill or take or possess any heath
fowl or any grouse except at a limited period during the year.
Each manor may have only one gamekeeper allowed to kill game such
as hare, pheasant, partridge and only for his household's use.
This gamekeeper must be either qualified by law or a servant of
the land's lord. Other persons possessing game or keeping a
greyhound or setting dogs or guns or other devices to kill game
must forfeit them and five pounds.
Anyone killing or attempting to kill by shooting any house dove or
pigeon shall forfeit 20s. or do hard labor for one to three
months. Excepted are owners of dove cotes or pigeon houses erected
for the preservation and breeding of such.
A gamekeeper or other officer of a forest or park who kills a deer
without consent of the owner must forfeit 50 pounds per deer, to
be taken by distress if necessary, and if he can't pay, he is to
be imprisoned for three years without bail and set in the pillory
for two hours on some market day. A later penalty was
transportation for seven years. Anyone pulling down walls of any
forest or park where deer are kept without the consent of the
owner must forfeit 30 pounds and if he can't pay, he is to be
imprisoned for one year without bail and spend one hour in the
pillory on market day. Later, the killing of deer in open fields
or forests was given the same penalties instead of only the
monetary penalty prescribed by former law (former chapter). The
penalty for a second offense was given as transportation for seven
years. Anyone beating or wounding a gamekeeper with an intent to
kill any deer in an open or closed place was to be transported for
seven years.
Anyone who apprehends and prosecutes a person guilty of burglary
or felonious breaking and entering any house in the day time shall
be rewarded 40 pounds in addition to being discharged from parish
and ward offices.
Anyone who feloniously steals or aids in the stealing of goods,
wares, or merchandise over 5s. from a shop, warehouse, coach
house, or stable (by night or by day, whether the owner is present
or not, whether there is a break in or not) may not have benefit
of clergy.
Anyone stealing goods of 40s. worth from a ship on any river or in
any port or creek or from any wharf may not have benefit of
clergy.
Anyone receiving or buying goods they know to be stolen or who
harbors or conceals any burglars, felons, or thieves knowing them
to be such shall be taken as accessory to the felony and shall
suffer death as punishment if the principal felon is convicted.
A person taking money or reward for helping any other person to
stolen goods or chattels is guilty of felony unless he brings the
thief to trial.
As of 1717, any person convicted of grand or petit larceny or any
felonious stealing or taking of money, goods, or chattels, either
from the person or from the house of any person who is entitled to
benefit of clergy and who is liable only to whipping or burning in
the hand may instead be transported to the American colonies to
the use of any person who will pay for his transportation for
seven years. Any person convicted of an offense punishable by
death and without benefit of clergy and buyers and receivers of
stolen goods may be given mercy by the king on condition of
transportation to any part of America to the use of any person who
will pay for his transportation, for fourteen years or other term
agreed upon. Returning before the expiration of the term is
punishable by death.
Anyone assaulting another with an offensive weapon with a design
to rob may be transported for seven years.
Any person armed with swords, fire-arms, or other offensive
weapons and having their faces blackened or otherwise being
disguised, who appears in any forest, park, or grounds enclosed by
a wall or fence wherein deer are kept (including the king's deer)
or in any warren or place where hares or conies are kept or in any
high road, open heath, common, or down, or who unlawfully hunts,
wounds, kills, or steals any deer or steals any hare or rabbit or
steals any fish out of any river or pond or who unlawfully and
maliciously breaks down the head or mound of any fish pone,
causing the loss of fish, or who unlawfully and maliciously kills,
maims, or wounds any cattle, or who cuts down any trees planted in
any avenue or growing in any garden or orchard for ornament,
shelter, or profit, or who sets fire to any house, barn or out
house [outer building], hovel, or stack of grain, straw, hay or
wood, or who willfully and maliciously shoots any person in any
dwelling house or other place, or who sends any letter with no
signature or a fictitious signature, demanding money, venison, or
other valuable thing, or who forcibly rescues any person lawfully
in custody for any of these offenses, or who procures others by
gift or promise of money or other reward to join with him in any
such unlawful act is guilty of felony and shall suffer death
without benefit of clergy. Persons abetting them are also guilty
of felony and shall suffer death without benefit of clergy.
Attainder shall not work corruption of the blood, loss of dower,
or forfeiture of lands, goods, or chattel. The persons sustaining
damages can recover 200 pounds or less from the hundred, with
inhabitants paying proportionately, unless one of the offenders is
convicted within six months. If other hundreds have not diligently
followed the hue and cry, they shall pay half such damages. In
1735, it was required that there be notice to the constable or
other officer or tythingman and public notice in the London
Gazette describing the robbery, offenders, and goods taken before
the hundred had to pay damages. Also, it did not have to pay
damages if one offender was apprehended with 40 days of
publication in the London Gazette, but did have to pay the
apprehender 10 pounds. In 1754 was also included letters
threatening killing people or burning houses, barns or stacks of
grain, hay, or straw, without any demand. Also, persons who
rescued such offenders from gaol were given the same penalty.
Later, persons obtaining money or goods by false pretenses with an
intent to defraud or cheat or sending a letter without a true
signature threatening to accuse any person of a crime with an
intent to extort money or goods, are punishable by fine and
prison, pillory, or whipping or transportation for seven years.
Later, no person may recover more than 200 pounds after a hue and
cry unless there are at least two witnesses to the robbery.
No one may advertise a reward for return of things stolen or lost
with no questions asked, because this has resulted in thefts and
robberies.
Justices of the Peace may authorize constables and other peace
officers to enter any house to search for stolen venison. Any
person apprehending an offender or causing such to be convicted
who is killed or wounded so as to lose an eye or the use of a limb
shall receive 50 pounds. Any person buying suspect venison or skin
of deer shall produce the seller or be punished the same as a deer
killer: 30 pounds or, if he couldn't pay, one year in prison
without bail and one hour in the pillory on market day. An
offender who discloses his accomplices and their occupations and
places of abode and discovers where they may be found and they are
subsequently convicted, shall be pardoned.
Anyone stealing sheep or cattle or parts thereof is a felon and
shall suffer death without benefit of clergy.
Persons who steal or aid in stealing any lead, iron bar, iron
gate, palisadoe, or iron rail fixed to any house or its outhouses,
garden, orchard, or courtyard is guilty of felony and may be
transported for seven years. In 1756 also included was copper,
brass, bell-metal, and solder; buyers and receivers; and mills,
warehouses, workshops, wharves, ships, barges, and other vessels.
Search warrants were authorized in case of suspicion. Officers and
solicited buyers and receivers were required to take persons who
at night were reasonably suspected of having or carrying such
items, to an accounting before a Justice of the Peace. Also a
notice was put in the newspaper for any owners to claim such. If
the person did not give a satisfactory account of the items, he
was guilty of a misdemeanor punishable by forfeiture of 2 pounds
or prison up to one month for the first offense, 4 pounds or
prison for two months for the second offense, and 6 pounds or
prison for any subsequent offense (without bail). An officer or
solicited buyer or receiver who did not take a suspect to a
Justice of the Peace was punishable by the same penalties except
the amounts of forfeiture were 1 pound, 2 pounds, and 4 pounds
respectively. A felon who brought two buyers or receivers to
justice was to be pardoned.
A description of any goods and the appearance of a rogue or
vagabond or idle and disorderly person shall be advertised in a
public paper for identification by the owner as stolen.
Pawning goods without consent of the owner is punishable by
forfeiture of 20s. or hard labor for fourteen days with whipping
there.
Maliciously destroying river banks resulting in lands being
overflowed or damaged is a felony for which one shall suffer death
without benefit of clergy. Later, transportation for seven years
was made an alternative.
All persons pretending to be patent gatherers or collectors for
prison gaols or hospitals and all fencers, bearwards, common
players of interludes, minstrels, jugglers, and pretended gypsies,
and those dressing like Egyptians or pretending to have skill in
physiognomy, palm-reading, or like crafty science, or pretending
to tell fortunes, and beggars, and all persons able in body who
run away and leave their wives or children to the parish shall be
deemed rogues and vagabonds. Apprehenders of such persons bringing
them before a Justice of the Peace may be rewarded 2s. Any
constable not apprehending such shall forfeit 10s. Persons
wandering outside the place determined by a Justice of the Peace
to be his settlement may be whipped on the back until it is bloody
or sent to hard labor at a House of Correction. If he was
dangerous and incorrigible, for instance as indicated by swearing
falsely before a Justice of the Peace, he could suffer both
punishments with the whipping being on three market days. If he
escaped from the House of Correction, it was felony. If he has
been absent for more than two years, he could be put out as an
apprentice for seven years in the realm, in the colonies, or in a
British factory beyond the seas. Included later were performers
for gain from outside their parish of any play, tragedy, comedy,
opera, farce or other entertainment of the stage, including
performances in public places where wine, ale, beer, or other
liquors are sold, or forfeit 50 pounds. Excluded were performances
authorized by the king in Westminster.
Unlicensed places of entertainment are deemed disorderly (like
bawdy houses and gaming houses) because they increase idleness,
which produces mischief and inconvenience. Persons therein may be
seized by a constable. Persons keeping such a place shall forfeit
100 pounds. No licensed place of entertainment may be opened until
5:00 p.m.