his wife and children to the parish, living idly, refusing to work
at going rates, or going from door or placing themselves in the
streets to beg. This includes begging by persons who pretend to be
soldiers, mariners, seafaring men, or harvest workers. These
rogues and vagabonds shall be sent to hard labor at a House of
Correction for up to one month. The real soldiers, mariners,
seafaring men, and harvest workers shall carry official documents
indicating their route and limiting the time of such passage.
Persons pretending to be lame who beg are to be removed. If he
comes back to beg, his back may be whipped until bloody. If a
constable neglects this duty, he shall forfeit 10s.
Masters of ships bringing in vagabonds or beggars from Ireland or
the colonies shall forfeit five pounds for each one. This money
shall be used for reconveying such people back at a price
determined by a Justice of the Peace. A master of a ship refusing
to take such a person shall forfeit five pounds. These vagabonds
and beggars may be whipped.
Anyone who profanely curses or swears shall suffer the following
penalties: day laborer, common soldier, common sailor, common
seaman - 1s., anyone else below the degree of gentleman - 2s.,
gentlemen and above - 5s., and for the second offense, a double
fine, for further offense, a treble fine. If a person can't pay,
he shall be put to hard labor at a House of Correction for ten
days, or if a common soldier, common sailor, or common seaman, he
shall be set in the stocks for 1-2 hours. This is to prevent the
provocation of divine vengeance.
Anyone setting up or maintaining lotteries or deceitful games must
forfeit 200 pounds, or go to prison up to 6 months. Any one who
plays at such, such as by drawing lots or using cards or dice,
must forfeit 50 pounds. Sales of lottery items, such as houses,
lands, plate, jewels, or ships, are void and these items will be
forfeited to any person who sues. Such have caused many families
to become impoverished, especially through their children or
through the servants of gentlemen, traders, and merchants.
Backgammon games are exempt. Later, People who lost up to ten
pounds in deceitful gaming were allowed to sue to recover this
money from the winners. Also, anyone winning or losing ten pounds
at one time or twenty pounds within 24 hours shall be fined five
times the value of such. Offenders discovering others, who are
convicted, are indemnified from all penalties and shall be
admitted to give evidence.
No one may run more than one horse, mare, or gelding in a horse
race. No prize may be under 50 pounds value. This is because a
great number of horse races for small prizes have contributed to
idleness, to the impoverishment of the meaner sort of people, and
has prejudiced the breed of strong and useful horses.
Wagers and agreements in the nature of puts and refusals relating
to prices of stocks or securities are void. Those making or
executing such agreements must forfeit 500 pounds. Those selling
stock which one does not possess must forfeit 500 pounds. Brokers
negotiating such agreements must forfeit 100 pounds.
Only a person with an interest in the life or death of another may
have insurance on this other, to prevent the mischievous kind of
gaming that has been introduced.
The punishment for forgery or counterfeiting or assisting in such
or claiming a counterfeit item is good while knowing that it is
not, with an intent to defraud is death without benefit of clergy.
The punishment for perjury or subordination of perjury is hard
labor in the House of correction for up to seven years or
transportation for up to seven years. The punishment for altering
numbers on bills of exchange or other payment papers is death.
It is high treason to counterfeit the coinage. A person who
tenders coin, knowing it to be false, shall spend six months in
prison and acquire sureties for good behavior for the next six
months. If he offends again, he shall spend two years in prison
and acquire sureties for good behavior for the next two years. The
third offense is felony without benefit of clergy.
In 1773, makers, aiders, or possessors of any frame, mould, or
instrument for forging paper notes of the Bank of England and
putting this identification thereon is felony for which one shall
suffer death without benefit of clergy. Anyone who forges
promissory notes, bills of exchange, or inland bills of the Bank
of England by engraving or etching on metal or wood "Bank of
England" or "Bank Post Bill" shall go to gaol for up to six
months.
Anyone selling gold or silver ware, vessel, plate or other item
large enough to be marked which has not been marked by its maker
shall forfeit 10 pounds or be kept at hard labor up to six months.
Anyone counterfeiting such mark shall forfeit 100 pounds. Later,
vendors of these items were required to be licensed and the
penalty for counterfeiting was raised to felony for which one
shall suffer death without benefit of clergy. Later still,
transportation for fourteen years was allowed as an alternative.
If an item was not all silver, e.g. had metal underneath, 100
pounds was to be forfeited.
In 1769, receivers of stolen jewels and gold and silver plate and
watches knowing them to be stolen, in cases of burglary and
highway robbery, may be transported for 14 years.
Apples and pears may not be sold by any measure other than a
standard water measure, or forfeit 10s., one-half to the informer,
and one-half to the poor, except for measures sealed by the
Company of Fruiterers. This is to decrease the suits between
buyers and sellers.
There shall be enough silver and gold on silver and gold plated
silk thread and wire so that it does not crumble off, thereby
wasting the bullion of the nation. This is also to encourage its
export by making it competitive in trade with such foreign
articles, which may not be imported.
Malt to be sold or exported must not be fraudulently mixed with
unmalted grain to lower duties payable or forfeit 5s.
Any one who adulterates coffee with water, grease, butter, and
such shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the
suer.
Walnut tree leaves, hop leaves, sycamore leaves and such may not
be made to imitate tobacco leaves for sale or forfeit 5s. per
pound.
Persons near London may not make unsound, hollow, or improperly
heated bricks.
Makers of narrow woolen cloths must weave or set in the head of
every piece his initials or forfeit one pound. This is to prevent
frauds and abuses, particularly in stretching and straining the
cloth. The fulling mill owner must append his seal of lead with
his name and with his measurements. The searcher to be appointed
must measure such cloths when wet for conformity to standard
measurements and append his seal with his measurements. He may
also inspect any places he chooses.
In 1774, wool making employees not returning all working tools and
implements and wool and all materials with which entrusted back to
their employer or who fraudulently steams, damps, or waters such
wool or who takes off any mark on any piece of cloth shall go to
the House of Correction for one month. If he absconds with or
sells such or anyone fraudulently buys or receives such from him,
a search warrant may be issued to seize any other such tools or
material. If found, the person may be brought to account before a
Justice of the Peace, and if the account is not satisfactory, he
shall forfeit such. A search warrant may also be issued for houses
on "just cause to suspect" by oath of a credible witness. For a
second offense, the penalty is up to three months in a House of
Correction. For a third offense, the penalty is up to six months
in a House of Correction and public whipping.
Bakers must mark their bread with W for white, WH for wheaten, and
H for household or forfeit 20s. to the informer. In 1758, a new
assize of bread set prices for rye, barley, oats, and beans by the
bushel. The prices for the three qualities of wheat, for wheaten
(prized and unprized), and for household grain by the bushel were
to be determined from within a statutory range by the local Mayor
or Justice of the Peace. Mayors and Justices of the Peace were to
determine a fair profit for their local bakers for all the types
of bread. A miller, mealman, or baker adulterating bread was to
forfeit 40s. 10 pounds, part of which money could be used in
publishing his name, abode, and offense in the local newspaper.
Later, there was a forfeiture of 1-5s. for every ounce
underweight. Household bread was to be 1/4 cheaper than wheaten or
forfeit 10-40s. Bread inferior to wheaten was not to be sold at a
price higher than household or forfeit up to 20s. If the
forfeiture was not paid, it could be levied by distress, or
otherwise the offender was to spend one month in gaol or a House
of Correction.
Straw to be sold in London must be sound, firmly bound in a truss,
and of a given weight or forfeit it and 20s. if no truss, and 1s.
if in truss but underweight or of mixed quality. Handlers must
keep registers of sellers, buyers, weights, dates of sale, and
prices or forfeit 10-20s.
Frame-work knitted pieces and stockings shall be marked with the
correct number of threads by the master, frame-work knitter, or
master hosier, or forfeit the goods and 5 pounds. If a journeyman
apprentice, or servant employ does not mark correctly, he shall
forfeit the goods and 5s.-40s. Sellers of such shall forfeit the
goods and 5 pounds per piece.
At every fishing season, the quantity of salt, foreign or
domestic, used by a proprietor for curing fish for export shall be
accounted and sworn to so that it can be compared with the
quantity of fish exported by the proprietor to ensure that the
salt duties are fully paid, or forfeit 40 pounds. If such salt is
sold for other uses than curing fish, the proprietor is to forfeit
20s. per bushel sold and the users thereof, to forfeit 20s. per
bushel bought, delivered, or used. If one can't pay, he is to be
whipped and put to hard labor in a House of Correction for up to
three months.
Agreements between coal owners, lightermen, fitters, master or
owners of ships, hindering the free sale, loading, and unloading,
navigating, or disposing of coals are illegal, null, and void.
This is engrossing and has caused the price of coals to go up.
No coal trader or dealer may use his own lighters, barges, or
other vessels to carry coals on the Thames River to and from any
ship and to and from any wharf, dock, or creek because this has
impaired the business of the watermen and wherrymen, whose vessels
must now be registered and display such mark on their hulls. No
lightermen nor buyers of coals may act as agent for any master or
owner of a ship importing coals into London or forfeit 200 pounds,
because this combination has caused the price of coal to go up.
Selling one sort of coal for another is punishable by forfeiture
of 500 pounds. Only standard size coal sacks may be used for
selling coal and they must be sealed and stamped by an official at
the Guildhouse before sale. The mayor and aldermen of London may
set the price of coals coming into this port. In other areas,
Justices of the Peace set the prices of coals which allowed "a
competent profit". If a merchant refused to sell at that price,
the Justice of the Peace could authorize seizure and sale by
officers.
Later, coal measurers must give the coal cart driver a ticket with
the name of the sellers and consumers, the quantity and quality of
the coal, its price, the date of sale, and the name of the cart
driver or forfeit 5 pounds. The cart driver must give this ticket
to the consumer or forfeit 5 pounds. If coal is carried by cart
without a ticket, the seller forfeits 50 pounds and the driver 5
pounds.
Anyone who willfully and maliciously set on fire any mine or pit
of coal is guilty of felony and shall suffer death without benefit
of clergy. Anyone who willfully and maliciously floods a coal
work, mine pit or who makes underground cavities or passages with
intent to destroy or damage such, or obstructs any sough or sewer
made for draining such, which has been held in common for 50
years, shall forfeit treble damages. This is to deter these
offenses, which have been done to enhance the price of coals and
gain a monopoly thereof.
If twelve or more people who riotously and tumultuously assemble
and disturb the peace, do not disburse within an hour of an order
to disburse by a justice or sheriff or mayor, they shall be deemed
felons without benefit of clergy. Any people pulling down or
destroying a church, dwelling house, barn, stable, or other out
house; any mill; any engine used for draining water from any coal,
lead, tin, or copper mines, or for drawing coals from mines; or
bridge, wagon, or fences used in such industry will be deemed
felons without benefit of clergy and may be transported for seven
years. The cost of repair is to be borne by the hundred or town.
Owners of timber trees, fruit trees, and others used for shelter,
ornament, or profit which are cut down or otherwise destroyed
shall be made good by his parish or town, as are hedges and dikes
overthrown by persons in the night. In 1765, anyone cutting down
or destroying any oak or other timber trees at night shall forfeit
up to 20 pounds for the first offense, up to 30 pounds for the
second offense, and shall be transported to the colonies for seven
years for any further offense. Anyone digging up or destroying or
carrying away any root, shrub, or plant worth up to 5s. in a
garden, nursery, or other enclosed ground at night shall forfeit
up to 2 pounds for the first offense, up to 5 pounds for the
second offense, and shall be transported to the colonies for seven
years for any further offense. Anyone not paying was to be gaoled.
Aiders and buyers who knew the item was stolen incurred the same
penalties. Later, many other types of trees, such as beach, ash,
elm, cedar, and walnut were included as timber trees, and hollies,
thorns, and quicksets included as plants.
The previous statute that substituted burning in the cheek for
burning in the hand is repealed because this not only did not
deter offenders, but on the contrary, made them unfit for honest
livelihoods and therefore more desperate. Those convicted of theft
or larceny shall be burnt in the hand and may be kept at hard
labor in a House of Correction for 2-24 months, without bail.
Persons using violence to hinder the purchase or transportation of
grain, e.g. by beating or wounding a buyer; beating or wounding
the driver or horse of a cart loaded with wheat, flour, meal,
malt, or other grain, or cutting the harness of or driving away
the horse, or cutting or carrying away the sacks of grain is to be
put in the common gaol or House of Correction with hard labor for
1-3 months, and whipped in the market place between 11:00 and
2:00. The penalty for a second offense or for destroying a
storehouse or granary where grain is kept to be exported or for
taking or spoiling such grain, or for throwing such off a ship or
vessel is transportation for seven years. The hundreds concerned
are to pay damages up to a total of 100 pounds, but only if notice
is given to the constable within two days and there is an oath and
examination before a Justice of the Peace within ten days of the
owner or his servants. If any offender is convicted within a year,
the hundreds are released.
Anyone who steals at night any cloth or wool or woolen goods set
out to dry on racks shall forfeit treble damages, or if he can't
pay, be sent to prison for three months without bail. For the
second offense, he shall forfeit treble damages and be sent to
prison for six months without bail. For the third offense, he
shall be transported for seven years. Upon complaint, a Justice of
the Peace may authorize a constable or other peace officer to
enter and search houses, outhouses, yards, and gardens of a person
suspected by the owner. This person shall account to the Justice
of the Peace and may bring a witness to his purchase of the items.
If the account is unsatisfactory, he shall be penalized.
Anyone taking linens, fustians, or cottons set out for whitening,
bleaching, or printing up to the value of 10s. in lands, grounds,
or buildings may be transported for seven years. Later, this
penalty was increased to death without benefit of clergy or
transportation for fourteen years.
Anyone stealing or maliciously pulling up or destroying any
turnips on a person's land must pay damages or go to gaol for up
to one month. He may be whipped. The penalty for a second offense
is three months in a House of Correction. This statute of 1750
was, in 1773, extended to include potatoes, cabbages, parsnips,
peas, and carrots. A penalty up to 10s. was added. Evidence of the
owner was to be taken.
In 1769, anyone who steals a dog or receives such knowing it to be
stolen shall forfeit 20-30 pounds for the first offense, and 30-50
pounds for the second offense or go to gaol or the House of
Correction for 12-18 months and be publicly whipped there. Search
warrants may be issued to search for stolen dogs or their skins.
One-half of the forfeiture will go to the informer.
Persons pretending witchcraft, sorcery, enchantment, or
conjuration; or telling fortunes; or pretending by occult
knowledge to discover the location of stolen goods may be
imprisoned for one year without bail and put in the pillory in the
market place once in every quarter of such year.
Anyone stealing goods off shipwrecks, or putting out a false light
to bring a ship to danger, or beating or wounding with an intent
to kill or otherwise obstructing a person escaping from the ship
to save his life shall suffer death without benefit of clergy.
Except that good of small value taken without violence shall be
punished as petit larceny. The houses of suspect people may be
searched by warrant. If there are goods found or if people are
found offering goods to sell, they may be ordered by a justice to
give an account of these goods. If the account is not
satisfactory, the punishment is forfeiture of treble their value
or six months in prison. A reasonable reward may be given to the
discoverer. Anyone assaulting a magistrate or officer involved in
salvage work shall be transported for seven years.
Officers of the revenue who collude with importers to return to
them goods which have been seized for nonpayment of duties shall
forfeit 500 pounds and lose office, unless he discloses his
accomplices within two months. The importer shall forfeit treble
the value of such goods.
Armed person to the number of three assembled to assist in illegal
exporting or running, landing, or carrying away prohibited or
uncustomed goods and any person apprehended by any revenue
officer, and anyone with his face blackened or masked who
obstructs, assaults, opposes, or resists any revenue officer
seizing such goods, or who shoots at or maims or wounds any
revenue officer attempting to go on any ship shall suffer death as
felons without benefit of clergy or serve as a commons sailor in
the navy for at least one year. Harborers of such offenders will
be transported for seven years. The hundreds shall pay 100 pounds
for each revenue officer killed, and up to 40 pounds for each one
beaten, wounded, or maimed, and damages up to 200 pounds for
goods, unless an offender is caught and convicted in six months.
There is a reward of 500 pounds to an apprehender, and 50 pounds
for an attempt to apprehend in which one loses a limb or eye or is
maimed or wounded, and 100 pounds to his family if he is killed.
An offender who brings two of his accomplices to justice will be
acquitted and rewarded 50 pounds for each such accomplice. Later,
an incentive was given to customs officers to have a portion of
the proceeds of the sale of such goods seized by them, such as 2/3
for wrought silks and calicoes, and 1/3 for tea, coffee, foreign
brandy, and rum. Still later, any person could seize wrought silk,
including ribbons, laces, and girdles containing it, from the
importer or retailer, and the importer was to forfeit 100 pounds,
and any import assistants 50 pounds, and retailers or concealers
50 pounds, with one half going to the suer. Also, the goods were
to be publicly burnt. Still later, the penalty was increased to
forfeiture of 200 pounds for all offenders, but not including
wearers, and the goods were to be publicly sold for export rather
than burnt. Then the import of silk stockings, silk mitts, and
silk gloves was prohibited for the support of the English silk
industry. Retailers, sellers, and concealers of such were to
forfeit the goods and 200 pounds. Search warrants could be issued.
In 1765, importers, sellers, and manufacturing users of most
foreign wrought silks or velvets were to forfeit the goods and 100
pounds. The goods were sold for export with the proceeds going 1/2
to the king, and 1/2 to the seizing officer. The wearer was not
liable. The burden of proof of the place of manufacture was on the
person prosecuted rather than on the prosecutor. Persons breaking
into houses or shops to destroy any wool or silk being made or
tools or racks used shall suffer death as felons, to prevent
combinations of workmen. In 1768, bounties were made available to
American exporters of raw silk to Great Britain, whose climate was
not conducive to the growing of mulberry trees on which silk worms
feed. In 1774, cotton printed, stained, or dyed that has been
manufactured in Great Britain may be worn and used, but must have
a mark woven in the warp that it was manufactured in Great
Britain. Persons importing other such cloth shall forfeit it and
ten pounds per piece. Persons selling such with a counterfeit
stamp with an intent to defraud shall suffer death without benefit
of clergy. The protective measures for English silk manufacture
did not work well.
Any ship not more than 50 tons hovering on the coast with
customable or prohibited goods may be boarded by a customs
officer, who may demand bond for treble the value of the goods.
In 1724, persons contracting with artificers and manufacturers of
wool, iron, steel, brass, and other metals, clock-makers, watch-
makers to go to a foreign country and there receive greater wages
and advantages shall forfeit 100 pounds and spend 3 months in
prison for the first offense, and shall forfeit a sum determined
by the court and spend 12 months in prison for the second offense.
An artificer or manufacturer not returning after warning is given
by the ambassador is to forfeit hereditaments, goods, and lands
and to be deemed an alien. Later, in 1750, cotton and silk were
included and the penalty was increased to 500 pounds and 12 months
in gaol for the first offense, and 1000 pounds and 2 years in
prison for the second offense. Also, anyone exporting tools of
wool or silk manufacture was to forfeit the tools and 200 pounds.
This statute was strictly enforced. In 1774, tools of cotton and
linen manufacture were included.
In 1772, all statutes against engrossing, forestalling, and
regrating were repealed because they had prevented free trade and
tended to increase prices, e.g. of grain, meal, flour, cattle, and
other victuals.
Anyone assisting a felon (except for petty larceny) to try to
escape from gaol, is guilty of felony and shall be transported for
seven years. Anyone assisting a person who owes or is to pay 100
pounds to try to escape from gaol is guilty of a misdemeanor. In
1772, prison keepers were indemnified from creditors for any
escapes of debtors due to conspiracy and break out with weapons
and firearms rather than negligence, as had been occurring.
Any pirate, accessory to piracy, commander or master or other
person of any ship or vessel who trades with a pirate or furnishes
him with ammunition or provisions of fits out a ship to trade with
pirates shall suffer death and loss of lands, goods, and chattels.
Seamen maimed in fighting pirates may be admitted into Greenwich
Hospital. (This hospital received support from duties paid by
vessels of the realm and of the colonies.) Masters or seamen not
fighting shall forfeit their wages and spend 6 months in prison if
the ship is taken. Masters shall not advance to any seamen above
half his wages since deserting is the chief occasion of their
turning into pirates.
In London penalties for crimes against property rose so that by
1740, a child could be hanged for stealing a handkerchief worth
1s. from a person's body.